# .~
. .....,'. 

# 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 ofConnecticut and that the use ofdiscrete 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 Commissionerfinds the following: 1. HSC, is acorporation 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 OrderNo. 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 ornatural gas in boilers I, 2 and 3 in building I, when burningNo.6 fuel oil only in boiler4 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 ofparagraph A.3, HSC exceeded the NOx allowable emissionrate limits specified in Section 22a1

### 74-22(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 

### paragraphAA 

### 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 cleanerburning No.2 fuel oil. 7. DEP witnessed emissio'ns testing conductedApril 1999 and May 2000, as indicated in Table I ofthis Trading Agreement and Order, showed that the NOx emissions rates from the boilers, except boiler4 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 complywilb Section 22a-174-22(e) oftbe Regulations, when burningNo.6 fuel oil in 

### boiler4 in 

### building I 

### through lbe use ofapproved DERCs at the facility until April 30, 2007 in accordance with this Trading Agreement and Order. 9. HSC proposes to use a full load emissionrate (''FLER'') of0.42 IbsIMMBtu for lbe purposes ofcalculating DERCs required for boiler4 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 maybe generated when properly documented and approved by the commissioner. 11. When properly documented by HSC, and approved by the Commissioner, the emissionHamilton Sundstrand Corooration 3 Trading Agreement and Order No. SI09

12.

13.

14.

15. reductions identified above, and as computed in accordance with the terms ofthis Trading Agreement and Order, will conform to the requirements ofSection 22a·174· 220)(3) ofthe Regulations. Specifically, the reductions will be:
Real because they result in areduction ofactual 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 orregulation mandated by a current State Implementation Plan ("SIP"), and are not currentlyrelied 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 bythe Commissionerretrospectively after the submission byHSC 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 ofNO

### xDERCs. 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 ofits highest maximum capacity, unless allowed otherwise by the Commissioner in a pennit or order. During the May 10, 2000 emissions testing, HSC operated boiler4 in building 1 at 46,800 lbslhr. or only 78 % ofirs maximum operating capacity.
Pursuant to Section 22a-174-22(k) oftheRegulations, HSC agrees to accept 

### an operatingrestriction on boiler4 

### in building 1to reduce the steam output to a maximum capacityof63 million British thennaJ units perhour 

### (''MMBtu/hr'') ofheat input or 51,500 Ibs/hr ofstearn output in accordance with this Trading Agreement and Order.
The Commissioner, pursuant to Section 22a-174-22 ofthe Regulations, previously approved the NOx DERCs referenced in Table 2 ofthis Trading Agreement and Order. Unused DERCs are subject to the vintage restrictions ofthis 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 Yearof 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 

### TradingAgreement and Order, pursuant to Section 22a-174-22(d)(3) ofthe Regulations, hereby allows HSC and approved 

### sources within Connecticut to use 17 tons (8 tons ozoneand 9tons non-ozone season) 

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

### Table 3below. TheseDERCs maybeused for the purposes ofcomplianceunderSection 22a· 174-220) ofthe Regulations, to achieve aportion ofthe nitrogen oxide emission reductions required.
Table 3 Approved DERCs Generated from 1999 tbrougb 2002 (After roundino down to tbe nearest wbole ton) Yearof 

# 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 crolISI09(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 

### TradingAgreement and Order, pursuant to Section 22a-174-22(j) ofthe Regulations, hereby allows HSC 10:
a, Complywith Section 22a-174-22(d)(I) ofthe Regulations through use ofDERC 

### trading; and b. Upon sufficient documentation as prescribed in this TradingAgreement and Order, generate additional DERCs, Upon issuance ofan addendum to this Trading Agreement and Orderthe Commissionermay approve the generation ofadditional DERCs by HSC retrospectively, Approved DERCs created byHSC maybe held by 

### HSC ortransferred to otherpersons in accordance with this Trading Agreement and Order. 

### C. With the agreementofHSC, the Commissioner, actingunderSections 22a-6, 22a·171, 22a174, 22a-176, and 22a-l77 ofthe Connecticut General Statutes, orders HSC as follows: 1. 

### Upon issuance ofthis 

### TradingAgreement and Order, HSC may generate approved DERCs as allowed under this Trading Agreement and Orderuntil April 30, 2007, 

### 2. Upon issuance 

### ofthis TradingAgreement 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 orbyApril 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 complyduring the operation ofthe boiler4 in building 1 with a use FLER of0.42 IbsIMMBtu wben using DERCs and with the generation FLERs shown in Table 1 when generating credits in inboilers I, 2 and 3 inbuilding 1 

### accordance with this TradingAgreement and Order. / 

## , 3. 

### DERC Generation. Upon issuance ofthis 

### TradingAgreement and Order, HSC, when operating on natural gas, maygenerate 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 Orderand in 

### accordance with the following formula: DERCs (tons) generated = 

### {(natural gas fuel use in MMBtu) x «(NOx allowable limit of0.20 IbsIMMBtu)

- (FLER in IbsIMMBtu))] 2000 Ibsltan} x (0.90)(0.90) 

### Where: Allowable limit = 

### allowable limit in IbsIMMBtu shown in Table I ofthis 

### TradingAgreement and Order.

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

### generation FLER from Table 1fornatural gas.

• Discount (0.90) (0.90) = 

### A discount factor often (10) percent for the benefit ofthe 

### environmentand anotherten (10) percent for the uncertaintyofusing 

### one emission test every five years in lieu ofCEMs, shall be applied to all DERCs (tons) as calculated on amonthlybasis.

• Fuel heating value = 

### 1000Btu/cffor natural gas. 4. In 

### requesting approval afDERCs generated bythe boilers, HSC shall provide 

### documentation containing asample spreadsheet with calculation fonnulas used to determine reported numbers, operating reports ofactual monthly fuel usage including the fuel BTU content and number ofcubic feet used in 

### 1vfMBtu, actual heat input based on monthlyfuel use, actual NOx emissions, FLERs andDERCs generated for this Trading Agreement and Order, netofthe environmental and uncertaintydiscounts. 5. Requests for approval ofall DERCs generatedbyHSC underthis Trading Agreement 

### and Ordershall be submined in writing to the Commissioner. Such requests maybe compiled on amonthly orseasonal basis and shall be submined at least on an annual basis. Approved DERCs generated byHSC underthis Trading Agreement and Order 

### maybeheld or transferred to otherpersons 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 ofeach month HSC shall have in 

### its possession sufficient approved DERCs for such month for boiler4 in building 1based on the following calculation:H:.rnilton Sundstrand Corporation 6 Tradinsz A!ZTeement and Order. iO
. 8109

a. Before the first day ofeach month, HSC shaH estimate DERCs required for such calendarmonth for boiler 4 in building 1 when burning No.6 fuel oil and using a FLER of0.42 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 limitrate in IbslM:MBtu shown in Table 1 of this Trading Agreement and Order.

• Full load emission rate (FLER) for boiler4 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 ofeach month, calculate and pennanently retire actual DERCs used in the preceding calendarmonth for boiler4 in building 1 when burning #6 fuel oil using theFLER 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. Boiler4 in buildine I Operating Capacity. Upon issuance ofthis Trading Agreement and Order and up to and including April 30, 2007, HSC shall comply during operation of boiler4 

### in building 1 to amaximum capacity of63 rviMBtuIhrbeatinput or 51,500 lbs/hr steam output averaged on a24-hourbasis. However, ifat a.l1Ytime afterissuance ofthis Trading Agreement and Order, HSC exceeds this new MRC limit stated above in this paragraph, HSC shall conductNOx emissions testing ofboiler4 in building 1 on or before sixty (60) days after the exceedance ofthe above limits in accordance with the requirements specified in paragraph C.9.i. through C.9.viii.



# , , .; ./ 8. Boiler4 

### in Buildinsz 1 Ooeratine Capacitv Records. HSC shall retain records ofstear:n output or gallons orcubic feet perhouroffuel, heat inputperhour, to demonstrate that boiler4 

### in building 1 is operating at no greaterthe maximum capacity of63 :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 ause FLER limit for boiler4 

### in building 1 orthe generation FLERs for boilers 1,.1, and 3 in building 1 above orexceeding the maximum capacity specified in paragraph C.? above, HSC shall conductNOx emissions testing ofthe corresponding boiler on or before sixty (60) days after the exceedance ofthe 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 priorto the emissions testing required pursuant to this paragraph and paragraph C.I8 of this Trading Agreement and Order. The ITTprotocol shall include at least:H:lmihon Sundstrand Corporation 7 Trading Agreement and Order No. S109

II The Depanment's Bureau ofAirManagement Test Form No.1, "Intent to Test".
Ill. System operating parameters indicative ofthe highest operating rate since the last previous stack test orthe 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 boiler4 in building lat not less than ninety percent (90%) ofits maximum rated capacity limit orhighest operating rate since its last/previous emissions test,**which~ver** is higher.

v. HSC shall perform all testingrequired bythis 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 ofthe 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 independentlyverify facility operations, airpollution control equipmentparameters, 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 ofa notice from the Commissionerindicating any deficiencies in such report, HSC shall submit arevised 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 ifassigned) 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 ofthis fact shall be sufficient. HSC shall maintain records to the Commissionerin accordance with Section 22a-174-22 oftheRegulations.
11. Record Keeping. HSC shall retain records and supponing documentation as described in this TradingAgreement and Order for a minimum offive years, commencing on the date such records were created. HSC shall provide the records specified above to the Commissioner within thirty (30) days ofreceipt ofa written request from the Commissioner.
12. Annual Emission Statement. No laterthan March 1, ofevery year after issuance of this Trading Agreement and Order, HSC shall include with the Annual Emission Statement provided to the Commissioner, a record ofeach sale or other transfer, and use ofany and all ofthe DERCs approved within and subsequent to issuance of this Trading Agreement and Orderuntil all such DERCs have been used. HSC shall also include NOx emissions from each boilerusing or generating DERCs, andHJrniliOn Sundstrand Corporation 8 Trading A2Xeement and Order. 0.8109
the amount ofall DERCs used including serial number (ifassigned) 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 monthlyincrements. 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) ofthe Regulations, HSC may use NOx allow",!ces, through April 30, 2007, pur.;uant to Section 22a-174- 22(j) ofthe 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) ofthe 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 ofthe 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 possessionprior to the first day ofeach month for use. However, based on the gravity ofnoncompliance, the Commissioner may require additional upward adjustment. 15. Vintae:e Restriction. For the purposes ofcompliance with Section 22a-174-22 ofthe Regulations, DERCs/allowances shall onlyremain valid for five (5) calendar years from the year ofthe generation/allocation ofsuch DERCs/allowances. DERCs/allowances older than five (5) calendaryears from theircreation/allocation are not valid for use for compliance with Section 22a-174-22 oftheRegulations. Notwithstanding the above. DERCslallowances generated/allocated priorto calendar year 2000 are valid for use for compliance with Section 22a-174-22 ofthe Regulations up to and including December 31,2004. 16. FLER Exceedance. Noncompliance with an established FLER shall subject HSC 10 make restitution bymatching the quantity ofemissions ('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 bythe tptal heat input during the period of noncompliance divided by 2000 Ibslton. lithe period ofnoncompliance 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 bythe 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 ofany alleged noncompliance or violation oflaw.**H~milton** 

### Sundstrand Corporation 

### 9 Tradin2 AllTeement and Order No. 8109

17. FLERModification. FLERs set fonh in Table I ofthis Trading Agreement and Order maybe modified only after the consent ofthe Commissionerby wrinen modification of this Trading Agreement and Order.



### . 18. Emissions Testing. Pursuant to Section 22a-174-22(k) ofthe Regulations, HSC shall conductNOx emission tests ofthe 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 otherTrading Agreements and Orders and ifdetermined to be appropriate, the Commissionermay grant wrinen extension ofthis Trading Agreement and Order. 20. Future Comoliance Renon. On 

### orbefore September I, 2006, HSC shall submit arepoI1 indicating how the facility will complywith Section 22a-174-22 ofthe Regulations after April 30, 2007. 21. Full compliance. HSC shall not be considered in full compliance with this Trading Agreement and OrderlUltil all actions required bythis 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 

### acomplete and approvable form. lfthe Commissionernotifies HSC that anydocument orother action is deficient, and does not approve it with conditions ormodifications, it is deemed disapproved, and HSC shall correctthe deficiencies and resubmitit within 

### the time specifiedbythe Commissioneror, ifno time is specified by the Commissioner, within 

### 30 days ofthe Commissioner's notice ofdeficiencies. In 

### approving any document orother action underthis Trading Agreement and Order, the Commissionermay approve the document or other action as submitted or performed or with 

### such conditions ormodifications as the Commissioner deems necessary to carry out the purposes ofthis Trading Agreement and Order. Nothing in this paragraph shall excuse noncompliance ordelay. 

# ,- .,. Definitions. As used in 

### this Trading Agreement and Order, "Commissioner" means the Commissioneror arepresentative ofthe Commissioner. "Ozone season" means the period from May 1 through September30 in 

### anygiven calendaryear. The date of<lissuance" of this Trading Agreement and Orderis the date the Trading Agreement and Orderis deposited 

### in the U.S. mail orpersonally delivered, whicheveris earlier. Approved DERCs are defined forpurposes ofthis Trading Agreement and Order as those for which the Commissionerhas provided written authorization for use in 

### compliance with Section 22a-174-22 ofthe Regulations.



### , -' 24. Dates. The date ofsubmission to the Commissionerofa.TlY document required by

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

### the Commissioner. The date ofanynotice by the Commissioner under this Trading Agreement and Order, including but not limited to notice ofapproval or disapproval of any document orother action, shall be the date such notice is deposited in the U.S. mail oris personally delivered, whichever is earlier. Except as otherwise specified in thisHJ.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 orperfonned by a date which falls on a Saturday, Sunday or a Connecticut or federal holiday shall be submitted orperformed by the next day which is not a Saturday, Sunday or Connecticut orfederal holiday. Certification ofdocuments. AJJy document, including but not limited to any notice, which is required to be submitted to the Commissionerunder this Trading Agreement and Order shall be signed byHSC or, ifHSC is not an individual, by an individual who is an authorized representative ofHSC, 

### in accordance with Section 22a-174-2a(a) ofthe Regulations ofConnecticut State Agencies, and by the individual(s) responsible for actuallypreparing such document, and each such individual shall certify in v.rriting as follows: 

## "rhave 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 ofmyknowledge 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 Orderis a final order ofthe Commissioner with respect to the matters addressed herein, and is nonappealable and immediately enforceable. Failure to complywith this Trading Agreement and Ordermay subject HSC to an injunction and penalties. 27. False statements. AJJy false statement in any infonnation submitted pursuant to this Trading Agreement and Orderis punishable as a criminal offense under §53a-157b ofthe Connecticut General Statutes and any other applicable law. 28. Notice oftransfer; liability ofHSC. Until HSC has fully complied with this Trading Agreement and Order, HSC shall notifythe Commissioner in writing no later than 15 days after transferring all or anyponion ofthe facility, the operations, the site or the business which is the subject ofthis TradingAgreement 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 anyproperty to any otherperson or municipality. 29. Commissioner's powers. Nothing in this Trading Agreement and Order shall affect the Commissioner's authority to institute anyproceeding 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, orfuture violations oflaw. 

### Ifat any time the Commissioner determines that the actions taken by HSC pursuant to this Trading Agreement and Orderhave not successfullycorrected all violations, fully characterized the extent or degree ofanypollution, or successfully abated orprevented pollution, the Commissionermay institute any proceeding to require HSC to undertake funher investigation orfuriller action to prevent or abate violations orpollution. 30. HSC's obli2:ations under law. Nothing in this Trading Agreement and Order shall relieve HSC ofother 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 ofthis Trading Agreement and Order and no action orinaction by the Commissioner shall be construed to constitute an assurance by the Commissionerthat the actions taken byHSC pursuant to this Trading Agreement and Order will result in compliance orprevent or abate pollution. Access to facilirv. ArJyrepresentative ofthe Deparonent ofEnvironmental Protection may enterthe facility without prior notice for the purposes ofmonitoring and enforcing the actions required or allowed by this TradingAgreement and Order. 

# , No effect on rights"ofotherpersons. This Trading Agreement and Order neither creates nor affects anyrights ofpersons 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 ofchanges. Within fifteen (15) days ofthe date HSC becomes aware ofa change 

### in any information submitted to the CommissionerW1der this Trading Agreement and Order, or that any such information was inaccurate or misleading or that any relevant infonnation was omitted, HSC shall submitthe correct or omitted information to the Commissioner. 36. Notification ofnoncompliance. In the event that HSC becomes aware that it did not or maynot comply, ordid not or maynot comply on time, with anyrequirement ofthis Trading Agreement and Order or ofany document required hereunder, HSC shall immediatelynotifyby telephone the individual identified in the next paragraph and shall take all reasonable steps to ensure that anynoncompliance or delay is avoided or, if unavoidable, is minjmized to the greatest extentpossible. Within five (5) days ofthe 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 complywith any dates which maybe approved 

### in writing by the Commissioner. Notification byHSC shall not excuse noncompliance or delay, and the Commissioner's approval ofany compliance dates proposed shall not excuse noncompliance or delayunless speciEcaIIy so stated bythe Commissioner 

### in writing. 37. Submission ofdocuments. 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 orin writing by the Commissioner, be directed to: 

### Mr. Roland 

### 1. Severance Jr., PE Department ofEnvironmental Protection Bureau of

### Air 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 ofthis 

### Trading Agreement and Orderwithout further notice. The undersigned certifies [hat he/she is fully authorized to enter into this Trading Agreement and Order and to legallybind the HSC to the terms and conditions ofthe 

### TradingAgreement 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 afinal order ofthe 

### Commissioner ofEnvironmental 

### 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