.~. .....,

'.

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the maner of

The State ofConnecticut and

Hamilton Sundstrand Corporation

,

)

)

)

)

)

Trading Agreement

and Order No. 8109

'Whereas, the Commissioner ofEnviromnental Protection ("Commissioner") and Hamilton

SundstTand Corporation ("HSC"), 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 emissions

reduction credit ("DERe") 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 ofHSC, the Commissioner finds the following:

1. HSC, is a corporation that owns and operates an aerospace parts manufacturing and

assembly facility ar One Hamilton Road, Windsor Locks, Connecticut ("facility").

-- 2. At the facility, HSC operates fuel-burning equipment that consists ofsix (6) steam

generating boilers boiler I, 2, 3 and 4 are located in building 1 ("boilers 1, 2, 3 and 4

in building I") and boilers 1 and 2 are located in building 3 ("boilers 1 and 2 in

building 3") which are subject to Section 22a-174-22 ofthe Regulations of

Connecticut State Agencies ("Regulations").

j

/' ",-

3. U.S. Envirorunental Protection Agency ("EPA") Method 7E emission tests performed

in 5/95, 1/99,5/99 and 5100 resulted in NOx emissions rates as follows:

Table 1

fisc - NOX EMISSION TEST RATES AND LIMITS nbslMMBtu)

Boiler # Fuel Heat Test Test Test Test Use Gen. NOx Date D:olte

input rate rate rate rate FLER FLER Limit or Next

5/95 1/99 5/99 5/00 Rate Last Test

Lo-NOx Test Due

Boilers in Buildim~ # I

Boiler #1 #6 oil I 61 0.38 N/A 0.25 N/A N/A N/A 0.25 4/21J99 4/21J04

(Riley) Nat. Gas 0.26 0.12 N/A O.D 0.20

Boiler #2 #6 oil 61 0.36 NlA 0.24 N/A KIA NlA 0.25

1

4123199

1

4f231()4

(Riley) Nat. Gas 0.27 0.08 N/A 0.09 0.20

Boiler #3 #6 oil 6t 0.40 N/A 0.25 N/A ~/A N/A 0.25 14120/99 4120104

(Riley) Nal. Gas N/A 0.13 N/A 0.]4 0.20

Boiler #4 #6 oil 73 0.44 N/A N/A 0.374 0.42 NIl'.. 0.25 5110/00 I 2/2105

(eE)

(Printed on Recycled Paper)

79 Elm Streel • Hanlo/d, CT 06106·5127

hllp:lldep.$IUe ,CI.US

.-\n Equal Opp0rluniry Employ"
H<:.milton Sunds!rand Corporation 2 Tradin2. A2TeCment and Order No. 8109

Table 1 Continued

Boilers in Building # 3

Boiler :# Fuel Heat Test Test Test Test Use Gen. NOx D:tte D:lte

input rate rate rate rate FLER FLER Limit Of Next

5/95 1/99 5/99 5/00 Rate L:tsl Test

Lo-NOx T", Doe

Boiler #1 #4 oil 20.9 0.29 Ceased N/A Ceased 0.29 0.25 5111/00 1/15/04

(Cleaver #2 Oil 0.171 N/A NlA NlA 0.20

Brks). NaL Gas 0.08 N/A 0.111 NlA N/A 0.20

Boiler #2 #4 oil 20.9 0.27 Ceased N/A Ceased 0.27 0.25 5/l1l00 1/14/04

(Cleaver #2 Oil , 0.189 NlA N/A N/A 0.20

Brks) Nat. Gas 0.07 N/A 0.102 N/A NlA 0.20

4. When burning No.6 fuel oil or natural gas in boilers I, 2 and 3 in building I, when

burning No.6 fuel oil only in boiler 4 in building 1, and when burning No.4 fuel oil in

boilers I and 2 in building 3 during lbe time periods as shown in Table 1 of paragraph

A.3, HSC exceeded the NOx allowable emission rate limits specified in Section 22a174-22(e), Table 22-1oflbe Regulations.

5. Pursuant to Section 22a-174-220) oflbe Regulations, beginning in May 1995, HSC

purchased and applied approved DERCs to compensate for the excess NOx from the

boilers listed in paragraph AA ofthis Trading Agreement and Order above as

documented in the HSC spreadsheets in Anachment 1, incorporated herein by

reference in this Trading Agreement and Order.

6. To reduce excess NOx emissions, in 1999 HSC installed 10w-NOx burners in boilers

I, 2 and 3, in building I, and converted boilers I and 2, in building 3 from No.4 fuel

oil to cleaner burning No.2 fuel oil.

7. DEP witnessed emissio'ns testing conducted April 1999 and May 2000, as indicated in

Table I of this Trading Agreement and Order, showed that the NOx emissions rates

from the boilers, except boiler 4 in building I, were reduced below the allowable NOx

emission limits set forth in Section 22a-174-22 (e) ofthe Regulations.

8. Pursuant to Section 22a-174-220) ofthe Regulations HSC proposes to comply wilb

Section 22a-174-22(e) oftbe Regulations, when burning No.6 fuel oil in boiler 4 in

building I through lbe use of approved DERCs at the facility until April 30, 2007 in

accordance with this Trading Agreement and Order.

9. HSC proposes to use a full load emission rate (''FLER'') of 0.42 IbsIMMBtu for lbe

purposes of calculating DERCs required for boiler 4 in building I.

\.....')

10. HSC proposes to generate DERCs monthly from boilers I, 2 and 3 in building I for

NOx emissions reductions below the natural gas standard set forth in Section 22a-174·

22(e) ofthe Regulations. DERCs may be generated when properly documented and

approved by the commissioner.

11. When properly documented by HSC, and approved by the Commissioner, the emission
Hamilton Sundstrand Corooration 3 Trading Agreement and Order No. SI09

12.

13.

14.

15.

reductions identified above, and as computed in accordance with the terms of this

Trading Agreement and Order, will conform to the requirements of Section 22a·174·

220)(3) ofthe Regulations. Specifically, the reductions will be:

Real because they result in a reduction of actual emissions released iniO the air, net of

any consequential increase in actual emissions resulting from shifting demand. The

emission reductions are properly measured, recorded and reported.

Quantifiable becal.\se they are based on Department witnessed emission testing as

applied in an appropriate reliable and replicable protocol and periodic re-testing.

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 attainment plan, any reasonable further progress plan or

milestone demonstration.

Permanent because the advanced control system is 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 HSC ofreports that will document their creation.

As documented in Attachment 2, incorporated herein by reference in this Trading

Agreement and Order, and sho\VIl in Table 3, since the installation ofJow NOx burners

in the boilers J, 2, and 3 in building I, HSC has generated 21.87 tons of NOx DERCs.

The total DERCs available for use after the environmental discount and rounding

do\VIl to the nearest whole ton for annual serial number assignment is 17 tons (8 tons

ozone and 9 tons non-ozone season).

Section 22a-174-22(k) ofthe Regulations requires that emissions testing to be

conducted when the source is operating at or above 90 percent of its highest maximum

capacity, unless allowed otherwise by the Commissioner in a pennit or order. During

the May 10, 2000 emissions testing, HSC operated boiler 4 in building 1 at 46,800

lbslhr. or only 78 % ofirs maximum operating capacity.

Pursuant to Section 22a-174-22(k) ofthe Regulations, HSC agrees to accept an

operating restriction on boiler 4 in building 1to reduce the steam output to a maximum

capacity of 63 million British thennaJ units per hour (''MMBtu/hr'') of heat input or

51,500 Ibs/hr ofstearn output in accordance with this Trading Agreement and Order.

The Commissioner, pursuant to Section 22a-174-22 of the Regulations, previously

approved the NOx DERCs referenced in Table 2 of this Trading Agreement and Order.

Unused DERCs are subject to the vintage restrictions of this Trading Agreement and

Order. Dates after which the unused DERCs will no longer be eligible for use as a

result ofthe vintage restrictions are provided in Table 2 ofthis Trading Agreement and

Order in the expiration date column.
H~miliOn Sundstrand Corporation 4 Tradine: Agreement and Order No. 8109

"

'.-/

Table 2

Purchased Aooro\'ed DERCs

Year of Ozone season Tons Non-ozone season Tons Expiration Dale

Generation

Pre·1999 SIN not assigned 60 12/31/04

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

pursuant to Section 22a-174-22(d)(3) of the Regulations, hereby allows HSC and approved

sources within Connecticut to use 17 tons (8 tons ozone and 9 tons non-ozone season) of NOx

DERCs referenced in pa,a'graph A,12, oflhis Trading Agreement and Order as shown in

Table 3 below. These DERCs may be used for the purposes of compliance under Section 22a·

174-220) of the Regulations, to achieve aportion of the nitrogen oxide emission reductions

required.

Table 3

Approved DERCs Generated from 1999 tbrougb 2002

(After roundino down to tbe nearest wbole ton)

Year of I Ozone season Tons Non.-ozone season I

Tons I Expiration

2eneration Date

1999 cr99/S109(DC)NOxo,( 1,2) 2 CT99/8109!DC NOxno,( 1) 1 12131/04

2000 crOO/S109iDC)NOxo, 1,2) 2 CTOO/8109(DC NOxnoz 1-4 I 4 1213l10S

2001 crOllS!09(DC)NOxoz(!) 1 cro lISI09(DC)NOxnoz(!) I ! 12/31/06

2002 CT02IS1 09(DC)NOxoz( 1-3) 3 cr02lS1 09(DC)NOxnoz(1-3) I 3 12131107

B.2. The Commissioner, in accordance with the provisions ofthis Trading Agreement and Order,

pursuant to Section 22a-174-22(j) ofthe Regulations, hereby allows HSC 10:

a, Comply with Section 22a-174-22(d)(I) ofthe Regulations through use ofDERC

trading; and

b. Upon sufficient documentation as prescribed in this Trading Agreement and Order,

generate additional DERCs, Upon issuance of an addendum to this Trading

Agreement and Order the Commissioner may approve the generation of additional

DERCs by HSC retrospectively, Approved DERCs created by HSC may be held by

HSC or transferred to other persons in accordance with this Trading Agreement and

Order.

C. With the agreement ofHSC, the Commissioner, acting under Sections 22a-6, 22a·171, 22a174, 22a-176, and 22a-l77 of the Connecticut General Statutes, orders HSC as follows:

1. Upon issuance ofthis Trading Agreement and Order, HSC may generate approved DERCs

as allowed under this Trading Agreement and Order until April 30, 2007,

2. Upon issuance of this Trading Agreement and Order, at the facility, HSC shall comply

with Section 22a-174-22 ofthe Regulations through emission reduction trading until HSC

achieves pennanent compliance with the emissions standard in Section 22a-174-22(e) of

the Regulation or by April 30, 2007 whichever is earlier:

a. HSC shall use approved DERCs as required under this Trading Agreement and
H~milton Sundstrand Corporation

Order;

5 Trading Agreement and Order No. 8109

-.

b. HSC shall have in its possession sufficient approved DERCs to meet applicable

NOx emission limits as allowed under this Trading Agreement and Order; and

c. HSC shall comply during the operation of the boiler 4 in building 1 with a use

FLER of 0.42 IbsIMMBtu wben using DERCs and with the generation FLERs

shown in Table 1 when generating credits in in boilers I, 2 and 3 in building 1

accordance with this Trading Agreement and Order.

/

, 3. DERC Generation. Upon issuance ofthis Trading Agreement and Order, HSC, when

operating on natural gas, may generate DERCs using emission reductions from boilers 1,

2 and 3 in building 1, and HSC shall calculate DERCs generated using the appropriate

emission rate(s) and generation FLER(s) set forth in Table 1 afthis Trading Agreement

and Order and in accordance with the following formula:

DERCs (tons) generated = {(natural gas fuel use in MMBtu) x «(NOx allowable

limit of 0.20 IbsIMMBtu) - (FLER in

IbsIMMBtu))] 2000 Ibsltan} x (0.90)(0.90)

Where:

Allowable limit = allowable limit in IbsIMMBtu shown in Table I of this

Trading Agreement and Order.

• Full load emission rate CFLERl for the aoprooriate boiler and szeneration =

generation FLER from Table 1 for natural gas.

• Discount (0.90) (0.90) = A discount factor of ten (10) percent for the benefit

ofthe environment and another ten (10) percent for the uncertainty of using

one emission test every five years in lieu of CEMs, shall be applied to all

DERCs (tons) as calculated on a monthly basis.

• Fuel heating value = 1000 Btu/cf for natural gas.

4. In requesting approval afDERCs generated by the boilers, HSC shall provide

documentation containing a sample spreadsheet with calculation fonnulas used to

determine reported numbers, operating reports of actual monthly fuel usage including the

fuel BTU content and number of cubic feet used in 1vfMBtu, actual heat input based on

monthly fuel use, actual NOx emissions, FLERs and DERCs generated for this Trading

Agreement and Order, net ofthe environmental and uncertainty discounts.

5. Requests for approval of all DERCs generated by HSC under this Trading Agreement

and Order shall be submined in writing to the Commissioner. Such requests may be

compiled on a monthly or seasonal basis and shall be submined at least on an annual

basis. Approved DERCs generated by HSC under this Trading Agreement and Order

may be held or transferred to other persons and shall remain valid until they are used or

until their vintage expiration date, whichever occurs first.

6. DERC Use. Until April 30, 2007, before the first day of each month HSC shall have in its

possession sufficient approved DERCs for such month for boiler 4 in building 1 based on

the following calculation:
H:.rnilton Sundstrand Corporation 6 Tradinsz A!ZTeement and Order. i O. 8109

a. Before the first day of each month, HSC shaH estimate DERCs required for such

calendar month for boiler 4 in building 1 when burning No.6 fuel oil and using a

FLER of 0.42 IbsIMMBtu as follows:

Estimated DERCs (tons) use {(Estimated fuel use in MMBtu) x «FLER) - (0.95

x NOx allowable emission limit))).;.2000 Ibs/ton.

Where:

, • Allowable limit = allowable limit rate in IbslM:MBtu shown in Table 1 of

this Trading Agreement and Order.

• Full load emission rate (FLER) for boiler 4 in building I = 0.42 IbslMMBtu

• Discount (0.95) = 5% design margin applied to. the allowable limit rate.

• Fuel heating value = 152,000 Btu/gal for No.6 fuel oil.

b. No later than the twentieth day of each month, calculate and pennanently retire

actual DERCs used in the preceding calendar month for boiler 4 in building 1

when burning #6 fuel oil using the FLER as follows:

Actual DERCs (tons) used = {(actual fuel use in MMBtu) x «FLER) - (0.95 x

NOx RACT rate in IbsIMMBtu))}.;.2000 Ibs/ton.

7. Boiler 4 in buildine I Operating Capacity. Upon issuance of this Trading Agreement and

Order and up to and including April 30, 2007, HSC shall comply during operation of

boiler 4 in building 1 to a maximum capacity of 63 rviMBtuIhr beat input or 51,500 lbs/hr

steam output averaged on a 24-hour basis. However, if at a.l1Y time after issuance ofthis

Trading Agreement and Order, HSC exceeds this new MRC limit stated above in this

paragraph, HSC shall conduct NOx emissions testing of boiler 4 in building 1 on or

before sixty (60) days after the exceedance of the above limits in accordance with the

requirements specified in paragraph C.9.i. through C.9.viii.

, ,

.;

./

8. Boiler 4 in Buildinsz 1 Ooeratine Capacitv Records. HSC shall retain records ofstear:n

output or gallons or cubic feet per hour offuel, heat input per hour, to demonstrate that

boiler 4 in building 1 is operating at no greater the maximum capacity of 63 :MMBtuIhr

heat input and 51,500 lbs/hr. stearn production.

9. Upon issuance ofthis Trading Agreement and Order, ifHSC has reason to believe it may

be exceeding a use FLER limit for boiler 4 in building 1 or the generation FLERs for

boilers 1,.1, and 3 in building 1 above or exceeding the maximum capacity specified in

paragraph C.? above, HSC shall conduct NOx emissions testing ofthe corresponding

boiler on or before sixty (60) days after the exceedance of the above limits in accordance

with the following:

I. HSC shall submit to the Commissioner for his review and wrinen approval an

Intent-To-Test ("m"} protocol not less than thiny (30) days prior to the

emissions testing required pursuant to this paragraph and paragraph C.I8 of

this Trading Agreement and Order. The ITT protocol shall include at least:
H:lmihon Sundstrand Corporation 7 Trading Agreement and Order No. S109

II The Depanment's Bureau of Air Management Test Form No.1, "Intent to Test".

Ill. System operating parameters indicative of the highest operating rate since the last

previous stack test or the most recent Department witnessed emission test which

ever is more recent, including, but not limited to: steartJ. output rate, temperature

and pressure, fuel firing rate, and NOx emissions rate.

IV. The ITT protocol shall provide that HSC shall perform testing as specified in

Sections 22a-174-5 and 22a-174-22 ofthe Regulations, including operating

boiler 4 in building lat not less than ninety percent (90%) ofits maximum

rated capacity limit or highest operating rate since its last/previous emissions

test, which~ver is higher.

v. HSC shall perform all testing required by this Trading Agreement and Order

in accordance with the approved m protocol.

VI. In conducting and performing the testing required by this Trading Agreement

and Order, and analyzing the results ofsuch testing, HSC shall adhere to

methods specified in Sections 22a-174-5 and 22a-174-22 of the Regulations

and as approved by the EPA and the Commissioner.

Vll. HSC shall schedule all emissions testing so as to allow the Commissioner to

be present during such testing and to independently verify facility operations,

air pollution control equipment parameters, and testing procedures.

Vlll. Within 30 days after completing any emissions testing required by this

Trading Agreement and Order, HSC shall submit to the Commissioner a

written report providing the results ofsuch testing; within 15 days of a notice

from the Commissioner indicating any deficiencies in such report, HSC shall

submit a revised report.

10. HSC shall make and keep records of: daily fuel use and fuel type; excess NOx

emissions; the number ofDERCs in irs possession, created, purchased and used (by

serial number if assigned) each month in accordance with the appropriate emission

rates and limits in this Trading Agreement and Order; the number ofDERCs used

during the ozone season and non-ozone season (the remainder ofthe year); as well

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

season were generated during the ozone season. Generator certification of this fact

shall be sufficient. HSC shall maintain records to the Commissioner in accordance

with Section 22a-174-22 ofthe Regulations.

11. Record Keeping. HSC shall retain records and supponing documentation as

described in this Trading Agreement and Order for a minimum of five years,

commencing on the date such records were created. HSC shall provide the records

specified above to the Commissioner within thirty (30) days of receipt of a written

request from the Commissioner.

12. Annual Emission Statement. No later than March 1, of every year after issuance of

this Trading Agreement and Order, HSC shall include with the Annual Emission

Statement provided to the Commissioner, a record of each sale or other transfer,

and use of any and all ofthe DERCs approved within and subsequent to issuance of

this Trading Agreement and Order until all such DERCs have been used. HSC

shall also include NOx emissions from each boiler using or generating DERCs, and
HJrniliOn Sundstrand Corporation 8 Trading A2Xeement and Order. 0.8109

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

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

approved for the previous calendar year. These reports shall be on a fonn

prescribed by the Commissioner and shall be in monthly increments. Should HSC

ch60se to discontinue the generation ofDERCs, HSC will notify the Commissioner

upon discontinuance.

13. Allowance Use. Pur.;uant to Section 22a-174-22(d)(3) of the Regulations, HSC

may use NOx allow",!ces, through April 30, 2007, pur.;uant to Section 22a-174-

22(j) of the Regulations to achieve all or a portion ofthe reductions required by

Section 22a-174-22 ofthe Regulations. Any allowance used for compliance with

Section 22a-174-22(e) of the Regulations shall be subject to all restrictions and/or

requirements applicable to DERCs contained in this Trading Agreement and Order;

a. In order for HSC to use NOx allowances, HSC shall create a general account in

EPA's NOx Allowance Tracking System (''NATS''); and

b. Each allowance used for compliance with Section 222-174-22 of the

Regulations shall be equivalent to one discrete emission reduction credit.

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

ofthe Regulations when they are transferred from the facility's NOx general

account in the NATS to the CT State NOx Retirement Account (Account ID

CT0000000300 in the NATS).

•

"

14. PERC Doubling. At a minimum, DERCs required shall be adjusted upwards by 100% if

DERCs are not in HSC's possession prior to the first day of each month for use.

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

additional upward adjustment.

15. Vintae:e Restriction. For the purposes of compliance with Section 22a-174-22 ofthe

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

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

older than five (5) calendar years from their creation/allocation are not valid for use for

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

DERCslallowances generated/allocated prior to calendar year 2000 are valid for use for

compliance with Section 22a-174-22 of the Regulations up to and including December

31,2004.

16. FLER Exceedance. Noncompliance with an established FLER shall subject HSC 10 make

restitution by matching the quantity of emissions ('irue up") caused by the exceedance

plus a 100% premium. The true up in tons ofDERCs shall be equal to the FLER

exceedance in Ibs/M1v:C8tu. multiplied by the tptal heat input during the period of

noncompliance divided by 2000 Ibslton. lithe period of noncompliance is not known,

the time period from the completion ofthe last/previous Department witnessed emission

test through the date the FLER compliance is achieved as approved by the Commissioner

shall be used. However, nothing in this Trading Agreement and Order shall affect the

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

additional upward adjustment, based on the gravity of any alleged noncompliance or

violation oflaw.
H~milton Sundstrand Corporation 9 Tradin2 AllTeement and Order No. 8109

17. FLER Modification. FLERs set fonh in Table I of this Trading Agreement and Order

may be modified only after the consent ofthe Commissioner by wrinen modification of

this Trading Agreement and Order.

.

18. Emissions Testing. Pursuant to Section 22a-174-22(k) ofthe Regulations, HSC shall

conduct NOx emission tests of the units at least once every five years commencing from

the dates ofthe NOx emission tests for the boilers as provided in Table 1 ofthis Trading

Agreement and Order.

,

19. Extension. No later than April 30, 2007 for the boiters in Table I, HSC shall comply

with the requirements in Section 22a-174-22 (d) (1) ofthe Regulations. However, after

full program review ofthis and other Trading Agreements and Orders and if determined

to be appropriate, the Commissioner may grant wrinen extension of this Trading

Agreement and Order.

20. Future Comoliance Renon. On or before September I, 2006, HSC shall submit a repoI1

indicating how the facility will comply with Section 22a-174-22 of the Regulations after

April 30, 2007.

21. Full compliance. HSC shall not be considered in full compliance with this Trading

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

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

22. Approvals. HSC shall use best efforts to submit to the Commissioner all documents

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

Commissioner notifies HSC that any document or other action is deficient, and does not

approve it with conditions or modifications, it is deemed disapproved, and HSC 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 ofthe 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 ofthis Trading Agreement and Order. Nothing in this

paragraph shall excuse noncompliance or delay.

.,. ,- Definitions. As used in this Trading Agreement and Order, "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<lissuance" of

this 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. Approved DERCs

are defined for purposes ofthis Trading Agreement and Order as those for which the

Commissioner has provided written authorization for use in compliance with Section

22a-174-22 of the Regulations.

,

-'

24. Dates. The date ofsubmission to the Commissioner of a.TlY 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 this 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
HJ.milton Sundstrand Corporation 10 Tradin!! AQTeement and Order No. 8109

,

.

.•/

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

Agreement and Order to be submitted or perfonned 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.

Certification of documents. AJJy document, including but not limited to any notice, which

is required to be submitted to the Commissioner under this Trading Agreement and Order

shall be signed by HSC or, ifHSC is not an individual, by an individual who is an

authorized representative ofHSC, in accordance with Section 22a-174-2a(a) of the

Regulations ofConnecticut State Agencies, and by the individual(s) responsible for

actually preparing such document, and each such individual shall certify in v.rriting as

follows:

"r have personally examined and am familiar with the infonnation submitted in this

document and all attachments thereto, and I certify, based on reasonable

investigation, including my inquiry ofthose individuals responsible for obtaining the

information, that the submitted information is true, accurate and complete 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 §53a-157b ofthe

COIUlecticut General Statutes and any other applicable law."

26. NoncoInDliance. This Trading Agreement and Order is a final order of the 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 HSC

to an injunction and penalties.

27. False statements. AJJy false statement in any infonnation submitted pursuant to this

Trading Agreement and Order is punishable as a criminal offense under §53a-157b of the

Connecticut General Statutes and any other applicable law.

28. Notice of transfer; liability ofHSC. Until HSC has fully complied with this Trading

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

days after transferring all or any ponion of the 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. HSC's obligations under this Trading Agreement and

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

municipality.

29. 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

time the Commissioner determines that the actions taken by HSC 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 HSC to undertake funher

investigation or furiller action to prevent or abate violations or pollution.

30. HSC's obli2:ations under law. Nothing in this Trading Agreement and Order shall relieve

HSC of other obligations under applicable federal, state and local law.
H.J.milton Sundstrand Corporation I I Tradinl! AlZreement and Order No. SI09

31.

,_. '?

33.

34.

35.

. 0 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 HSC pursuant to this Trading Agreement

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

Access to facilirv. ArJy representative ofthe Deparonent ofEnvironmental Protection

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

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

,

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.

No Creation ofProoertv Ril!hts. This Trading Agreement and Order does not create any

property rights with respect to these DERCs.

Notice to Commissioner of changes. Within fifteen (15) days of the date HSC becomes

aware of a change in any information submitted to the Commissioner W1der this Trading

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

any relevant infonnation was omitted, HSC shall submit the correct or omitted

information to the Commissioner.

36. Notification of noncompliance. In the event that HSC becomes aware that it did not or

may not comply, or did not or may not comply on time, with any requirement ofthis

Trading Agreement and Order or of any document required hereunder, HSC 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 minjmized to the greatest extent possible. Within five (5) days of the

initial notice, HSC 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 ofthe Commissioner, dates by which compliance will be

achieved, and HSC shall comply with any dates which may be approved in writing by the

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

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

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

37. Submission of documents. Any document required to be submitted 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:

Mr. Roland 1. Severance Jr., PE

Department ofEnvironmental Protection

Bureau ofAir Management

Compliance and Field Operations Division

Emissions and Credit Trading Section

79 Elm Street, 5- Floor

Hartford, Connecticut 06106
HJ.ffiilton Sundstrand Corporation 12 Trading Agreement

and Order No. 8109

:~

'J

HSC consents to the issuance of this Trading Agreement and Order without further notice. The

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

and to legally bind the HSC to the terms and conditions ofthe Trading Agreement and Order.

Hamilton Sundstrand Corporation

SignalUIe;7~ 21?11J?;r

Name: -r;i'Ji 1'1, E... :f'I "

Title: 12; Be,-"''', /v1"'?'f'hJ'</l1.. c..}''Y<rM''~S

Date: «!-1../1.- oe.:- 3

I ,

Issued as a final order ofthe Commissioner of Environmental Protection

/,

,

" / • ;/), CI

on __-'-.J-f'ou)-!",=o.L'-.:.,,-,I__~, 2003.

7

TOWN OF WINDSOR LOCKS LA...ND RECORDS

M/\lLED CERTlFIED MML,

RETUR-N RECEIPT REQUESTED

Certified Document No.

,

j

G:\.TRADING·RLS\.TRADINGORDERS\HAM-STD\ll1 09AHvnSunF,r,aIDnfl(4·8-03) doc