STATE OF CONNECTICUT

DEPARTMENT OF E 'VIRONMENTAL PROTECTION

In the maner of

The State of ConnectiCUI and

Pfizer, Inc.

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Trading Agreement

and Order No. 8093C

Whereas, the Commissioner ofEnvironmental Protection ("Commissioner") and the Pfizer,

Inc. ("Pfizer") agree that it is in the public interest that they work cooperatively to improve

the air quality within the State of Connecticut and that the use of discrete emission reduction

credit ("DERC") trading to reduce nitrogen oxide ("NOx") emissions will achieve this result

in a timely and cost-effective manner.

A. At the request and with the agreement of Pfizer, the Commissioner finds the

following:

1. This Trading Agreement and Order supercedes Trading Agreement and Order

8093B issued on December 5, 2001 and Trading Agreement and Order 8093B

Addendum 1 issued on April 29, 2002.

2. Pfizer is a corporation that owns and operates a pharmaceutical production and

research facility at Eastern Point Road, Groton, Connecticut ("facility").

3. At the facility, Pfizer operates two (2) dual-fuel fired stearn boilers numbered 5,

and 8 ("boilers 5 and 8"), which are the subject of this Trading Agreement and

Order and are subject fa Section 22a-174-22 ofthe Regulations ofConnecticut

State Agencies ("Regulations"). At the facility, Pfizer also operates one (1)

dual-fuel fired steam boiler number 4. Boiler number 4 is only referenced

herein with respect to previously generated DERCs as identified in Table 2 of

this Trading Agreement and Order. Pfizer monitors NOx emis·sions from

boilers 5 and 8 using continuous emission monitors ("CEMs") cenified to 40

Code of Federal Regulations ("CFR'') Pan 75.

4. Pfizer's boilers 5 and 8 sometimes exceed the NOx allowable emission rate

limit specified in Section 22a-l74-22(e) of the Regulations.

5. To reduce excess NOx emissions, beginning in 1996, Pfizer has represented

that it monitors and controls the combustion process of boilers 5 and 8, and

bums natural gas, so that emissions frequently can be kept below the NOx

emission limitations established by Section 22a-174·22(e) ofthe Regulations of

Connecticut State Agencies ("Regulations").

(Printed on RecyCled Piper)

79 Elm Suee( • Hanlord. CT 06106.5127

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An £qutll Opporrunur Employer
Pfizer Inc. Trading Agreement and

Order No. 8093C

6. Pursuant to Section 22a-174-220) ofthe Regulations, during the non-ozone

season, Pfizer intends both to acquire and generate approved DERCs until May

1,2005 for boilers 5 and 8 at the facility. Pursuant to Section 22a-174-22Gl of

the Regulations, during the ozone season, Pfizer intends both to acquire and

generate approved Budget discrete emission reduction credits ("BDERCs")

until May I, 2005 ,for boilers 5 and 8 at the facility. ....

7. When properly documented by Pfizer, and approved by the Commissioner, the

emission reductions identified above, and as computed in accordance with the

terms of this Trading Agreement and Order, will confonn to the requirements

of Section 22a-174-22(j)(3) of the Regulations. Specifically, the reductions

will be:

Real because they will result in a reduction of actual emissions released

into the air, net of any consequential increase in actual emissions resulting

from shifting demand. The emission reductions will be properly measured,

recorded and reported.

Quantifiable because they are based on CEM data as applied in an

appropriate reliable and replicable protocol, providing the rate and total

mass amount ofreduction.

Surplus because they are not required by any Connecticut statute or

regulation mandated by a current State Implementation Plan ("SIP"), and

are not currently relied upon in any applicable anainment plan, any

reasonable further progress plan or milestone demonstration.

Pennanent because the 10w-NOx burners, flue gas recirculation and natural

gas burning capability will be in place and operating, and an appropriate

tracking system is in place to monitor all data required to verify and

quantify the creation ofDERCs.

Enforceable because the DERCs are approved by the Commissioner

retrospectively after the submission by Pfizer of a repon that documents

their creation.

8. The emissions trading baselines ("baseline emission rate'') and the allowable

emission limits for boilers 5 and 8 in pounds per million British thennal units

C'lbslMJvfBtu" of heat input) when operating on No.6 fuel oil and natural gas are

provided on the following Table I:

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Pfizer Inc. Trading Agreement and

Order No. 8093C

Table 1

NOx AJlowable Limits and Baseline Emission Rate in Ibs/MJl.1:Btu

Emission Fuel Heat Input Emissions AllowablelBaseline emission

Unit :M]v(Btulh r Test rate

IbsJM:MBtu

Boiler No.5 No.6 399.50 CEM 0.25

Registration No.2 I 399.50 CEM 0.20

070-0012 NatGas 399.50 CEM 0.20

Boiler No. 8 No.6 266.40 CEM 0.25

Pennit No. No.2 266.40 CEM 0.20

070-0001 NatGas 266.40 CEM 0.20

9. In the future Pfizer intends to use No.2 fuel oil. The baseline emission rate for the

boilers 5 and 8 is 0.20 IbslM:MBtu of heat input when operating on No.2 fuel oil.

1O.Staning on October I, 2003, and during the period from October I through April

3D, inclusive, each year until May 1, 2005, Pfizer may only obtain approval of

acrual reductions in 'Ox emissions, generated by operating the boilers 5 and 8 at a

rate that is below a non-ozone seasonal average of 0.15 IbsIM:MBru.

')I.J

11.The Commissioner, in accordance with the provisions ofTrading Agreement and

Order 8093B and Addendum I, pursuant to Section 22a-174-22(d)(3) of the

Regulations, approved the non-ozone season NOx DERCs referenced in Table 2 of

this Trading Agreement and Order. DERC creation serial nwnbers assigned by the

Department to these previously approved reductions ofNOx emissions are

provided in Table 2 ofthis Trading Agreement and Order. DERCs are subject to

the vintage restrictions in this Trading Agreement and Order. Dates that after

which the unused DERCs will no longer be eligible for use as a result of the

vintage restrictions are provided in Table 2 of this Trading Agreement and Order in

the expiration date column.

d)NO DERC

Table 2

PreVIOUSIV approved (to tI,e extent not aI d rea y use x s

Year of Non-<lzone se:ason NOx DERC ll'on-Ozone Expiration

Generation serial numbers /boiler s 4, 5 & 8) Date

1999 CT99/8093B DC Noxnoz7·14 7 12131/04

2000 CTOO/8093B(DC)NOxnoz1.23 23 12131/05

2000 erOO/8093B DC1Noxnoz24·30 7 12131/05

2001 ero1/8093B(DClNO"-,,oz1-9 9 12131/06

B. The Commissioner, in accordance with the provisions ofthis Trading Agreement and

Order, pursuant to Section 22a-174-22(d)(3) ofthe Regulations, hereby allows Pfizer to:

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Pfizer Inc. Trading Agreement and

Order No. 8093C

c.

1. Comply with Sections 22a-174-22(d)(1) and (2) of the Regulations through use of

BDERC and DERC trading;

2. Ozone season BDERCs may be generated and used in accordance with this Trading

Agreement and Order;. and

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3. Upon sufficient docUmentation as prescribed in this Trading Agreement and Order,

generate additional BDERCs and DERCs. Upon issuance of an addendtun to this

Trading Agreement and Order the Conunissioner may approve the generation of

additional BDERCs and DERCs by Pfizer retrospectively. Approved BDERCs and

DERCs generated by Pfizer may be held by Pfizer or transferred to other persons in

accordance with this Trading Agreement and Order.

With the agreement of Pfizer, the Conunissioner, acting under Sections 22a-6, 22a171, 22a-174, 22a-176, and 22a-177 ofthe Connecticut General Statutes, hereby

orders Pfizer as follows:

1. Upon issuance of this Trading Agreement and Order, Pfizer may generate approved

BDERCs and DERCs as allowed under this Trading Agreement and Order until May 1,

2005.

2. Upon issuance oftrus Trading Agreement and Order, at the facility, Pfizer shall comply

with Section 22a-174-22 ofthe Regulations through emission reduction trading: Until

Pfizer achieves permanent compliance with the emission standard in Section 22a-174-

22(e) of the regulation or by May 1, 2005, whichever occurs earlier:

a. Pfizer shall use approved DERCs and BDERCs as required under this Trading

Agreement and Order; and

b. Pfizer shall have in its possession sufficient approved BDERCs and DERCs to

meet applicable NOx emission limits as allowed under this Trading Agreement

and Order.

3. DERC generation.

a. Until May 1, 2005, when the boilers 5 and 8 have daily ozone season NOx

emissions below the applicable baseline emission rate(s) or the proportioned

baseline emission rate, or when boilers 5 and 8 have seasonally averaged

NOx emissions below 0.15 Ibsl1v1:MBtu during the non~ozone season starting

on October 1, 2003, Pfizer shall calculate the amount ofDERCs generated as

follows:

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Pfizer Inc.

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Trading Agreement and

Order No. 8093C

DERCs (tons) = {[Total heat input' of all fuels in MMBru x «proponioned

baseline emission rate2

) - (the CEM-recorded Ox emission

rate'))] .;. 2000 Ibs/ton} x (0.90)'

l Heat input shall be calculated using the actual fuel usage data in MMBtu per unit of fuel

combusted. Fpr the pwposes of calculating the non-Qzone season DERCs the total nonozone seasofl beal input shall be used.

nus rate shall be calculated by 1) multiplying the heal inpul of each fuel combusted by the

baseline emission rate(s) for such fuel; 2) summing those products; and 3) dividing the sum

by the total heal input. rfthe boiler is operating exclusively on one fuel. PfIZer may replace

the proportioned baseline emission rale with the applicable baseline emission rate, for thar

fueL For purposes of calculating the non-ozone season DERCs the proportioned baseline

emission rate shall be 0.15 IbsIMMBru for DERCs generated from October l>l through April

30dl.

) For purposes of calculating the non-ozone season DERCs, this rate shall be calculated by

dividing the total amOUDt ofNOx generated during the period OClober I" through May 31>1

by the lotal heat input for this same period.

4 Ten (10) percent of all DERCs (tons) generated by the boiler shall be retired by the facility

and permanently removed from all calculations on a seasonal basis to assure a benefit to the

environment

During the ozone season until Mav 1. 2005: For purposes of calculating the

number ofBDERCs generated from boilers 5 and 8 at the facility, Pfizer shall

use the baseline emission rates for boilers 5 and 8. or the proportioned baseline

emission rate set fonh in footnote 2 of paragraph C.3. of this Trading

Agreement and Order, when simultaneously operating on more than one fuel.

Pfizer shall use the above referenced baseline emission rate(s) when calculating

the proportioned baseline emission rate.

During- the non-ozone season until Mav I. 2005: For purposes of

calculating the number ofDERCs generated from boilers 5 and 8 at the

facility, Pfizer shall use 0.15 IbsJM:MBtu of heat input as the non~ozone

seasonal average baseline emission rate for boilers 5 and 8.

Non-ozone Season Restrictions. Non-ozone season NOx DERCs generated

by Pfizer shall be created and approved in accordance with this Trading

Agreement and Order, and shall remain valid until they are used or until

their vintage expiration date, whichever occurs first.

Dunne the ozone season until May 1. 2005:' In requesting approval ofBDERCs

and DERCs generated by boilers 5 and 8, Pfizer shall provide documentation

containing a sample spreadsheet with calculation formulas used to detennine

reported numbers; ozone season operating reports of actual fuel usage for each

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Pfizer Inc.

f.

Trading Agreement and

Order No. 8093C

fuel type including the fuel BTU content, for each fuel type; daily M.MBtu for

each fuel type; 24-hour actual NOx emission rate; and daily DERCs generated

using the baseline emission rate(s), or the proportioned baseline emission rate

referenced in paragraph C.3. ofthis Trading Agreement and Order, net of the ten

(10) percent environmental discount.

I

During the nOn-ozone season until May 1, 2005: In requesting approval of

DERCs generated by boilers 5 and 8, Pfizer shall provide documentation

containing a sample spreadsheet with calculation formulas used to detennine

reported numbers; non-ozone season operating reports of actual fuel usage

including the fuel BTU content, for each fuel type; daily rvnvmru for each fuel

type; non-ozone season actual NOx emission rate (seven month average); and

non-ozone season DERCs generated using the 0.15 IbslM:MBtu baseline

emission rate(s), net of the ten (10) percent environmental discount.

4. Vv'hen the 24-hour actual NOx emission rate or non~ozone seasonal average NOx

emission rate is used to calculate DERCs generated by boilers 5 and 8, Pfizer shall

not include missing data calculated in accordance with any missing data

substitution procedures, including those allowed under Section 22a-174-22b of the

Regulations and 40 CFR Part 75.

5. Upon sufficient documentation, as determined by the Commissioner, that Pfizer has

met the requirements ofthis Trading Agreement and Order, the Commissioner may

provide written approval ofBDERCs or DERCs generated by Pfizer

retrospectively. Requests for approval of all subsequent BDERCs and DERCs

created shall be submitted in writing to the Commissioner. Such requests shall be

compiled on a monthly or seasonal (during the non-ozone season only starting on

October 1, 2003) basis and shall be submitted at least on an annual basis.

Approved BDERCs and DERCs generated by Pfizer under this Trading Agreement

and Order may be held or transferred to other persons.

6. DERC use. Until May 1, 2005, before the first day of each month, and starting on

October 1, 2003, also before the first day of each non-ozone season, Pfizer should

have in its possession sufficient approved DERCs for the boilers 5 and 8 based on

the following:

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a. At all times:

Before the first day of each month, calculate projected DERCs required for that

calendar month as follows:

Estimated DERCs (tons) = {[estimated 24-hour NOx emission rate in

Ibs/MMBtu - ((0.95) x (24-hour NOx allowable

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Pfizer Inc.

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Trading Agreement and

Order No. 8093C

emission limit or proportioned emission rate

calculated pursuant to Section 22a-I74-22(f)(2)(A) of

the Regulations in IbsIMMBtu))J x (Estimated fuel

use in MMBtu)) .., 2000 poundsltons.

No later than the twentieth day of each month, Pfizer shall calculate and

permanentlyretire DERCs used in the preceding calendar month, as follows:

(i) For boilers 5 and 8 on each day, determine whether the 24·hoUI

actual Ox emission rate· is greater than the NOx allowable

emission limit.

(ii) When the boilers 5 and 8 have a 24-hoUI actual NOx emission

rate exceeding the NOx allowable emission limit, calculate the

amount ofDERCs used, as follows:

Actual DERCs (tons) {[(24-hour actual NOx emission rate in IbslMMBtu*) -

«0.95) x (NOx allowable emission limit or proportioned

emission rate calculated pursuant to Section 22a-174·

22(f)(2)(A) ofthe Regulations in IbsIMMBtu))J x (actual

fuel use in MMBtu)} .2000 pounds/tons.

"'This rate shall be calculated pursuant to the methodology described in

40 CFR Part 75.

(iii) With the exception ofBDERCs, excess DERCs from previous

months can be applied to subsequent months. BDERCs are

subject to the limitations set forth in paragraph C.? oftms

Trading Agreement and Order.

During the non-ozone season starting on October 1. 2003:

In addition to meeting the 24-hour emission limit in Table 22-1 of Section

22a-174-22 ofthe Regulations, meet a non-ozone season average emission

limit of 0.15 IbsIMMBtu. Prior to October 1, 2003 and October 1, 2004,

Pfizer shall estimate and acquire the amount ofDERCs or allowances

required for such non·ozone season needed to comply with Section 22a174-22(e)(3) ofthe Regulations as follows:

Estimated DERCs (tons) = [Estimated fuel use in :M1vffitu from October I

through April 30 x (lower of the seasonal average NOx

emission rate or the proportioned 24-hour allowable

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Pfizer Inc. Trading Agreement and

Order No. 8093C

emission limit in Ibs/MJvfBru during October 1 through

April 30 - (0.95 x 0.15 IbslMMBtu))J "" 2000 pounds/ton.

No later than May 31, 2004, and May 31,2005, in addition to the DERCs retired

pursuant to paragraph C.6.a. of this Trading Agreement and Order, calculate and

permanently retire DERCs used in the preceding non-ozone season as follows:

,

Actual DERCs (tons) [Actual fuel use in MMBtu from October I through

April 30 x (lower of the seasonal average NOx emission

rate or the proportioned 24-hour allowable emission limit

in IbsIMMBtu during October I through April 30 - (0.95

x 0.15 IbsIMMBtu))]"" 2000 pounds/ton.

\ '......;;/

c. When the daily or non-ozone season CEM-recorded NOx emission rate is

used to calculate DERCs used by boilers 5 and 8, Pfizer shall include

missing data calculated in accordance with missing data substitution

procedures Under 40 CFR Pan 75.

7. BDERCs shall only be used by other NOx Budget Program sources located in

Connecticut. BDERCs shall only be used to offset ozone season excess emissions, and

shall not be used for compliance during the non-ozone season. BDERCs generated

during a given year shall only be used during the following ozone season. BDERCs are

subject to all DERC requirements set forth in this Trading Agreement and Order except

for those requirements pertaining solely to non-ozone season DERCs and as otherwise

may be provided.

8. Record Keeping. Pfizer shall make and keep records for boilers 5 and 8 of: daily fuel

use and fuel type; the 24-hour actual NOx emission rate; starting on October 1,2003

non-ozone seasonal average NOx emission rates; number of operating hours per day;

the number of invalid data hours ofthe total operating hours per day; the number of

DERCs created and used each day in accordance with the appropriate emission rates

and limits in this Trading Agreement and Order; the number ofDERCs in its possession

and purchased (by serial number if assigned) each month; the number ofDERCs used

during the ozone season and non-ozone season (by serial number if assigned); as well as

documentation attesting to the fact that approved DERCs used during the ozone season

were generated during the ozone season. Generator certification oftrus fact shall be

sufficient. Pfizer shall maintain such records in accordance with Section 22a-174-22 of

the Regulations. Pfizer shall retain records and supporting documentation as described

in this Trading Agreement and Order for a minimum of five years, commencing on the

date such records were created. Pfizer shall provide the records specified above to the

Commissioner within thirty (30) days of receipt of a wrinen request from the

Conunissioner.

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Pfizer Inc. Trading Agreement and

Order No. 8093C

9. Armual Emission Statement. No later than March 1 of every year after issuance of this

Trading Agreement and Order, Pfizer shall include with the ArulUal Emission Statement

provided to the Commissioner, a record of each sale or other transfer, and use of any

and all of the DERCs approved within and subsequent to issuance of this Trading

Agreement and OrderJuntil all such DERCs have been used or are no longer in Pfizer's

possession. Pfizer Shall also include actual. Ox emissions from each of the boilers and

the amount of all approved DERCs used (including serial numbers (if assigned) and

approved DERCs generated andlor purchased from other facilities), generated and/or

approved for the previous calendar year. These reports shall be on a form prescribed by

the Commissioner and shall be in monthly increments. Should Pfizer choose to

discontinue the generation ofDERCs, Pfizer will notify the Commissioner upon

discontinuance.

10. Allowance Use. Pursuant to Section 22a-174-22(d)(3) of the Regulations, Pfizer may

use NOx allowances, pursuant to Section 22a·174-22(j) ofthe Regulations to achieve

all or a portion ofthe reductions required by Section 22a-174-22 of the Regulations.

Any allowance used for compliance with Section 22a-174-22(e) ofthe Regulations shall

be subject to all restrictions and/or requirements applicable to DERCs contained in this

Trading Agreement and Order. Each allowance used for compliance with Section 22a174-22 ofthe Regulations shall be equivalent to one discrete emission reduction credit

and shall be deducted from Pfizer's NOx Budget Program compliance account upon

such use. Allowances shall be considered used for compliance with Section 22a-174-22

ofthe Regulations when they are transferred. from the facility's compliance account or

overdraft account to a State ofConnecticut NOx allowance retirement account, account

ID CTOOOOOOO300 in the NOx Allowance Tracking System.

11. DERC Doubling. At a minimum, approved DERCs required for compliance with this

Trading Agreement and Order shall be adjusted upwards by 100% ifDERCs are not in

Pfizer's possession for use prior to the first day of each month or applicable season.

However, based on the gravity ofthe noncompliance, the Commissioner may require

additional upward adjustment.

12. VintalZe Restriction. For the pwposes of compliance with Section 22aR 174-22 of the

Regulations, DERCs/allowances shall only remain valid for five (5) calendar years from

the year of the generation/allocation ofsuch DERCs/allowances. DERCs/allowances

generated/allocated more than five (5) calendar years ago are not valid for use for

compliance with Section 22a-174-22 of the Regulations. Notwithstanding the above the

DERCs/alJowances generated/allocated prior to calendar year 2000 shall be valid for

use until December 31, 2004.

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Pfizer lnc. Trading Agreement and

Order No. 8093C

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13. Extension. No later than May 1, 2005, with respect to the boilers 5 and 8, Pfizer shall

comply with the requirements of Subdivision 22a-174-22(d)(l) of the Regulations.

However, after full program review of this and other Trading Agreements and Orders

and, if determined to be appropriate, the Commissioner may grant a written extension of

this Trading Agreement and Order.

I

14. Future Compliance Report. On or before September 1, 2004, Pfizer shall submit a

report indicating how the facility shall comply with Section 22a M I74 M 22 of the

Regulations with respect to the boilers 5 and 8 on and after May I, 2005.

IS. Full compliance. Pfizer shall not be considered in full compliance with this Trading

Agreement and Order until all actions required by this Trading Agreement and Order

have been completed as approved and to the Commissioner's satisfaction.

16. ADprovals. Pfizer shall use best efforts to submit to the Commissioner all documents

required by this Trading Agreement and Order in a complete and approvable form. If

the Commissioner notifies Pfizer that any document or other action is deficient, and

does not approve it with conditions or modifications, it is deemed disapproved, and

Pfizer shall correct the deficiencies and resubmit it within the time specified by the

Commissioner or, if no time is specified by the Commissioner, within 30 days of the

Commissioner's notice of deficiencies. In approving any document or other action

under this Trading Agreement and Order, the Commissioner may approve the document

or other action as submitted or performed or with such conditions or modifications as

the Commissioner deems necessary to carry out the purposes of this Trading Agreement

and Order. Nothing in this paragraph shall excuse noncompliance or delay.

17. Definitions. As used in this Trading Agreement and Order, "Approved DERCs" are

those for which the Commissioner has provided written authorization for use in

compliance with Section 22a-174-22 of the Regulations; "Commissioner" means the

Commissioner or a representative ofthe Commissioner; "Ozone season" means the

period from May 1 through September 30 in any given calendar year. The date of

"issuance" ofthis Trading Agreement and Order is the date the Trading Agreement and

Order is deposited in the U.S. mail or personally delivered, whichever is earlier.

18. Dates. The date ofsubmission to the Commissioner of any document required by this

Trading Agreement and Order shall be the date such document is received by the

Commissioner. The date of any notice by the Commissioner under Trading Agreement

and Order, including'but not limited to notice of approval or disapproval of any

document or other action, shall be the date such notice is deposited in the U.S. mail or is

personally delivered, whichever is earlier. Except as otherwise specified in this Trading

Agreement and Order, the word "day" as used in this Trading Agreement and Order

means calendar day. Any document or action which is required by this Trading

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Pfizer Inc. Trading Agreement and

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Agreement and Order to be submitted or performed by a date which falls on a Saturday,

Sunday or a Connecticut or federal holiday shall be submitted or performed by the next

day which is not a Saturday, Sunday or Connecticut or federal holiday.

19. Certification of documents. Any document, including but not limited to any notice,

which is required to be submitted to the Commissioner \Ulder this Trading Agreement

and Order shall he Signed hy Pfizer or, if Pfizer is not an individual, by an individual

who is an authorized representative ofPtiler, in accordance with Section 22a-174-2a(a)

of the Regulations ofCormecticut State Agencies, and by the individual(s) responsible

for actually preparing such document, and each such individual shall certify in writing

as follows:

"1 have personally examined and am familiar \\ojth the information submitted in

this document and all attachments thereto, and 1cemfy, based on reasonable

investigation, including my inquiry of those individuals responsible for

obtaining the information. that the submitted information is true, accurate and

co~plete to the best ofmy knowledge and belief. I understand that any false

statement made in the submitted information is punishable as a criminal offense

under Section 53a-157b ofthe Connecticut General Statutes and any other

applicable law."

20. Noncompliance. This Trading Agreement and Order is a final order ofthe

Commissioner with respect to the matters addressed herein, and is nonappealable and

immediately enforceable. Failure to comply with this Trading Agreement and Order

may subject Pfizer to an injunction and penalties.

21. False statements. Any false statement in any information submitted pursuant to this

Trad.ing Agreement and Order is punishable as a criminal offense under Section 53a157b ofthe Connecticut General Statutes and any other applicable law.

22. Notice oftransfer; liability of Pfizer. Until Pfizer has fully complied with this Trading

Agreement and Order, Pfizer shall notify the Commissioner in writing no later than 15

days after transferring all or any portion ofthe facility, the operations, the site or the

business which is the subject ofthis Trading Agreement and Order or after obtaining a

new mailing or location address. Pfizer's obligations under this Trading Agreement and

Order shall not be affected by the passage of title to any property to any other person or

municipality.

23. Commissioner's powers. Nothing in this Trading Agreement and Order shall affect the

Commissioner's authority to institute any proceeding or take any other action to prevent

or abate violations oflaw, prevent or abate pollution., recover costs and natural resource

damages, and to impose penalties for past, present, or future violations oflaw. If at any

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Pfizer Inc. Trading Agreement and

Order No. 8093C

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time the Commissioner determines that the actions taken by Pfizer pursuant to this

Trading Agreement and Order have not successfully corrected all violations, fully

characterized the extent or degree of any pollution, or successfully abated or prevented

pollution, the Commissioner may institute any proceeding to require Pfizer to undertake

further investigation or further action to ,prevent or abate violations or pollution.

24. Pfizer's oblilZations under law. Nothing in this Trading Agreement and Order shall

relieve Pfizer of other obligations under applicable federal, state and local law.

25. No assurance bv Commissioner. No provision of this Trading Agreement and Order

and no action or inaction by the Commissioner shall be construed to constitute an

assurance by the Commissioner that the actions taken by Pfizer pursuant to this Trading

Agreement and Order will result in compliance or prevent or abate pollution.

26. Access to facility. Any representative of the Department ofEnvironmental Protection

may enter the facility without prior notice for the purposes ofmonitoring and eniorcing

the actions required or allowed by this Trading Agreement and Order.

27. No effect on rights of other persons. This Trading Agreement and Order neither creates

nor affects any rights of persons or municipalities that are not parties to this Trading

Agreement and Order.

28. No Creation of Property Rie:hts. This Trading Agreement and Order does not create

any property rights with respect to these BDERCs and DERCs.

29. Notice to Commissioner of changes. Within 15 days of the date Pfizer becomes aware

of a change in any information submitted to the Commissioner under this Trading

Agreement and Order, or that any such iniormation was inaccurate or misleading,or

that any relevant information was omitted, Pfizer shall submit the correct or omitted

information to the Commissioner.

30. Notification of noncompliance. In the event that Pfizer becomes aware that it did not or

may not comply, or did not or may not comply on time, with any requirement of this

Trading Agreement and Order or of any docwnent required hereunder, Pfizer shall

immediately notify by telephone the individual identified in the next paragraph and

shall take all reasonable steps to ensure that any noncompliance or delay is avoided or,

if unavoidable, is minimized to the greatest extent possible. Within five (5) days of the

initial notice, Pfizer shall submit in writing the date, time, and duration ofthe

noncompliance and the reasons for the noncompliance or delay and propose, for the

review and written approval of the Commissioner, dates by which compliance will be

achieved, and Pfizer shall comply with any dates which may be approved in v,rr1ting by

the Commissioner. Notification by Pfizer shall not excuse noncompliance or delay, and

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Pfizer Inc. Trading Agreement and

Order o. 8093C

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the Commissioner's approval of any compliance dates proposed shall not excuse

noncompliance or delay unless specifically so stated by the Commissioner in writing.

31. Submission of documents. Any document required to be submined to the

Commissioner under this Trading Agreement and Order shall, unless otherwise

specified in this Trading Agreement and Order or in writing by the Commissioner, be

directed to: ....

Mrs. Elizabeth McAuliffe

Emissions Trading Unit

Compliance and Field Operations Division

5th Floor

Bureau ofAir Management

Department of Environmental Protection

79 Elm Street

Hartford, Connecticut

06106

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Pfizer Inc. Trading Agreement and

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Pfizer consents to the jssuance of this Trading Agreement and Order without further notice. The

undersigned certifies that he/she is fully authorized to enter into this Trading Agreement and Order

and to legally bind Pfizer to the terms and conditions of the Trading Agreement and Order.

Pfizer, mc.

,

Type arne: -lIl'-O:L!i....!!>le.t:t.ellSi'l<in

Type Title: Site Director

Date: Apr; 1 24, 2003

Issued as a final order of the Commissioner ofEnvironmental Protection

on 1fJ;( 9 .2003

Cl;(did/ .Artllur 1. Rocque, Jr.

.' c6mmissioner

///1

CITY OF GROTON LAND RECORDS

MAILED CERTIFIED MAlL,

RETIJRN RECEIPT REQUESTED

Certified Document No.

, .

'-