STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the maner of

The State of Connecticut

and

,

United Technologies Corporation

Trading Agreement and

Order No. 8134A

..

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

United Technologies Corporation, through its Pratt and Whitney Division (''P&W'')

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 ofdiscrete 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 ofP&W, the Commissioner finds the

following:

1. P&W is a company which owns and operates jet engine manufacturing

facilities at 400 Main Street, East Hartford, Connecticut ("facility I") and

Aircraft Road, Middletown, Connecticut ("facility 2") and ajet engine

research facility at Pent Road, East Hartford, Connecticut ("facility 3").

2. At facility I, P&W owns and operates three (3) dual-fuel burning boilers,

numbered 6, 8, and 9 ("facility 1 boil"""), capable of burning natural gas

. or No.6 fuel oil. At facility 2, P&W owns and operates four (4) No.6 fuel

oil burning boilers, numbered 1,2,3 and 4 ("facility 2 boilers") and jet

fuel burning production GG-8 gas turbine engines ("facility 2 engines").

At facility 3, P&W owns and operates production GG-8 gas turbine

engines, capable of burning either natural gas or jet fuel ("facility 3

engines"). At facility 2 and facility 3, similar production GG-8 gas turbine

engines are tested in test cells. The facility 1 boilers, facility 2 boilers,

facility 2 engines and facility 3 engines are subject to Section 22a-174-22

of the Regulations of Connecticut State Agencies ("Regulations"),

pertaining to the control ofNOx emissions.

3. Official U.S. Environmental Protection Agency ("EPA'1 Reference

Method 7 emission testing perfonned on February 6,7 and 9, 1996,

February 20 and 21, 2001 and January 15, 2002 on facility 1 boilers;

(Printecl on Recyclecl P.pel)

79 Elm Street • Hu-:forcl, CT 06106. }127

b::;»:/lclep.stlte .CLIIS

AI: Eql.lcl OppOrfl.lni:y Employe'
United Technologies Corporation 2 Trading Agreement and Order No. 8134A

January 10 through January 12,1996, January Sand 8, 2001, and March

16,2001 on facility 2 boilers; May I, 1996 and April 18,2001 on a facility

2 engine; and July 28, 1998 on a facility 3 engine (for natural gas only),

resulted in NOx emission rates as shown in Table 1below:

TABLE I

FJeitity/ DEP I Fuel Hcat 1996 and '88l'"' RACl' Equip-ment Rea:isW~t 1998 rate nbl !ratioN EminioR ~mlt'· MMBtll

Pcrmit T'" Test R.ate lOR est ucept ",. hr)- (lblMMBtu Rafe where

max- ucep! where ~~MM otberwise

imum otherwise ucep! Roted) raled Iloted) When other.

IlDted wiS~'1\

Facili!)' 1- R39 Noc 169 0.150 OA13" 0.10

Boiler no. 6 ,..

Mi oil 163 0.321 n 0.465'· 0.15

Facility I- R4' NaL 188 0.293" 0.28 n

0.10

Boiler no. 8 ,..

#6 oil IS8 0.438·· 0.507"

0.25

Facility I - R42 Nat. 188 0.352-- 0.30·· 0.10

Boiler no. 9 ,..

:; 6 oil '88 0.444·· 0.623·· 0.15

Facility 2- RIS I #6 oil IS' 0.326·· 0.29·' 0.25

Boiler no. I

Facility 2- I R16 I #6 oil IS' I 0.306'" 0.33" 0.15

Boiler no. 2

Facility 2 - I P2' #6oiJ 18' 0.343" I 0.38 .... 0.15 . Boiler no. 3

Facility 2- P36 #6 oil 61 0.378 .... 0,43" 0.25

Boiler no. 4

Fac~Jjty 2- P62 Jet fuel 260 380 423 75

engme ppmvd" ppmvd"· ppmvd

Fac!lity 3- El NaL 283 26 ppmvd NA 55

mgme ,.. 423 ppmvd

Jet fuel 380 7J ppmvd.... ppmvd .... ppmvd

• "Reasonably Avai1abJe Control Technology"

** Indicates that emission rate for the specified piece of equipment and fuel type is in

excess ofthe emission rates specified in Section 22a-174-22, Table 22-1, ofthe

Regulations.

Note: To establish the full load emission rate ("FLER") for the facility 2 and
United Technologies Corporation 3 Trading Agreement and Order No. 8134A

facility 3 engines, one engine was tested at facility 2, and one engine was

tested at facility 3. The facility 2 engine emission testing result was also

used as the test result for a facility 3 engine onjet fuel.

4. On and after May 31, 1995, Se<:tion 22a-174-22(e) of the Regulations requires

that the facility 1 boilers, facility 2 boilers, facility 2 engines, and the facility 3

engines emit NOx at rates no greater than the RACT rates shown in Table I

above. P&Wproposes .to use approved DERCs for compliance purposes at

facility 1, facility 2 and facility 3, when and ifP&W chooses to operate the

facility 1 boilers, facility 2 boilers, facility 2 engines, and facility 3 engines on

fuels that exceed the RACT rates shov.rn in Table 1 above.

5. Pursuant to Section 22a.174.22(j) ofthe Regulations, P&W acquired the

following amounts of approved DERCs as shown in Table 2 below:

TABLE 2

Date Ozone Season DERCs Non-ozone season DERCs

9/28/95 36 tons 28 tons

1/29/96 29 tons 30 tons

4/29/96 50 tons 50 tons

1110/97 otons 50 tons

12110/97 otons 30 tons

2/01/00 50 tons 100 tons

1130/02 60 tons 90 tons

6. Approved DERCs are defined for the purpose of this Trading Agreement and

Order as those for which the Commissioner has provided written authorization

for use in compliance with Se<:tion 22a-174-22 of the Regulations.

7. Section 22a-174-22(k) ofthe Regulations requires that emission testing be

conducted when the source is operating at or above 90% ofmaximum rated

capacity ("MRC"). During year 2001 emission testing, P&W operated facility 1

boiler no. 6 at 82% ofMRC on both no. 6 fuel oil and natural gas, facility 1

boiler no. 8 at 85% ofAfRC on natural gas and 87% ofMRC on no. 6 fuel oil,

facility 2 boiler no. 1 at 49% ofMRC on no. 6 fuel oil, facility 2 boiler no. 2 at
United Technologies Corporation 4 Trading Agreement and Order No. 8134A

61 %ofMRC on no. 6 fuel oil, facility 2 boiler no. 3 at 47% ofMRC on DO. 6

fuel oil; and facility 2 boiler no. 4 at 84% ofMRC on no. 6 fuel oil. During year

2002 emission testing, P&W operated facility 1 boiler no. 9 at 85% of:MRC on

natural gas and 84% ofMRC on no. 6 fuel oil.

8. P&W has agreed to accept the following heat input and steam output operating

restrictions, onlthe facility 1 boilers and facility 2 boilers:

,

TABLE 3

I J:!eat mput limnanon I:>team ~oduclton Itmllallon (lbs

~ruIbr) steamlhr

FacitllY I BOller no. I> I~atural gas 143 I 125,~2~ No.6 fuel oil 144 130,000

Facility I . HOlier no. 8 I~atural gas 171 130,~~~ No.6 fuel oil 182 135000

Faclltty 1 . BOlier no. 9 atural gas . 165 130,000

No.6 fuel Oil 171 135,000

FacIlirv 2 oiler no. 1 5 59AOe

FacIlIty 2 Oller no. 2 lUI> 73.334

raciJitv 2- oiler no. 3 7 n,IUC

FacllIty 2 Oller no. 4 57 36.886

9. This Trading Agreement and Order supersedes Trading Agreement and Order No.

8134, issued on January 24,2000,

B. The Commissioner, in acco~dance with the provisions ofthis Trading Agreement and

Order, and pursuant to Section 22a-174-220) oithe Regulations, hereby allows P&W to

comply with Section 22a-174-22 oithe Regulations through the use oiDERC trading

referenced in Section A herein, to achieve the NOx emission reduction required by

Section 22a-174-22(d)(I) oithe Regulations,

C. With the agreement ofP&W, the Commissioner, acting under Sections 22a-6, 22a-171,

22a-174, 22a-176, and 22a-l77 oithe Connecticut General Statutes, orders P&W as

ioliows:

I. After May 31,1995, and through April 30, 2007 or until P&W achieves

compliance with the emission standards in Section 22a-174-22(e) oithe

Regulations, whichever occurs earlier, P&W shall acquire and retire approved

DERCs and shall document and record the amounts oi all fuel and DERCs used

by the facility 1 boilers, facility 2 boilers and engines, and the facility 3 engines

each month, and provide such records in accordance with the following and

Section 22a-174-22 ofthe Regulations;
United Technologies Corporation 5 Trading Agreement and Order No. 8134A

a. Document that sufficient approved DERCs are available for the facility 1

boilers, the facility 2 boilers, the facility 2 engines and facility 3 engines

no later than the first of each calendar month to assure compliance for, at

a minimum, that calendar month. At a minimum, DERCs required shall

be adjusted upwards by 100% ifDERCs are not in P&W's possession

prior to the first day of each month; ,

b. No later than the tenth day of each month, calculate DERCs used in the

preceding calendar month for each boiler and engine, as follows:

Boiler DERCs (tons) [fuel use in MMBru x (FLER in IblMMBru-

(0.95 x RACT rate in IblMMBru))) ) 2000 pounds/ton;

Engine DERCs (tons) = [(Hours of Operation x FLER in lblhr) - (fuel

use in MMBru x (0.95 x RACT rate in IblMMBtu))J ) 2000 pounds/ton;

Where:

X RACT rate = RACT rate shown in Tables 1 and 4 of this Trading

Agreement and Order.

X FLER full load emission rate shown in Table 4 of this Trading

Agreement and Order.

X 0.95 '" 5% design margin applied to the RACT rale.

c. Document and record monthly consumption offuel and DERCs;

d. No later than March 1, of each year this Trading Agreement and Order is

in effect, include with its annual emissions statement report to the

Commissioner, the monthly rate offuel consumption for each boiler and

engine and DERCs used by each boiler and engine for the previous

calendar year;

e. Retain records and supporting documentation as described in this section

for a minimum offive years, commencing on the date such records were

created;

f. Maintain documentation to attest to the fact that DERCs used during the

ozone season were gener~ted during the ozone season. The ozone season
United Technologies Corporation 6 Trading Agreement and Order No. 8134A

is from May I through September 30 in any calendar year. Generator

cenific2tion of this fact shall be sufficient;

g. Provide the records specified 2bove to the Commissioner within thiny

(30) days ofreceipt of a written request from the ComIJ'ljssioner;

h. Pursuant to Section 22a-174-22(d)(3) ofthe Regulations, Respondent

mayUse NOx allowances, through April 30, 2007, pursuant to

Subsection (j) ofSectioD 22a-174-22 ofthe Regulations to achieve all or

a portion ofthe reductions required by Section 22a-174-22 ofthe

Regulations. AIly allowance used for compliance with Section 222-174-

22(e) ofthe Regulations shall be subject to all restrictions andlor

requirements applicable to DERCs contained in this Trading Agreement

and Order;

J. In order for Respondent to use NOx allowances, Respondent shall create

a general accouot in EPA's NOx Allowance Tracking System (''NATS'1;

and

J. Each allowance used for compliance with Section 22a-174-22 ofthe

Regulations shall be equivalent to one discrete emission reduction credit.

Allowances shall be considered used for compliance with Section 2220-

174-22 ofthe RegUlations when they are transferred from the facility's

NOx general accouot in the NATS to the CT State -Ox Retirement

Accouot (Accouot ill CTOOOOO00300 in the NATS).

2. Prior to May 1, 2007 P&W shall comply during operation on the fuels shown in Table 4

below with the enforceable maximum FLERs shown in Table 4 below, averaged on a

24-hour basis:
United Teclmologies Corporation 7

TABLE 4

Trading Agreement and Order No. 8134A

Facility! FLER FLER FLER FLER RAeT rate

Equip- Fuel (lblMMBtu (IblMMBtu (lblM1\1Btu (lb/iVL'\ffilU (lblM.'\1Btu

ment except where except where except except except where

otherwise othenvise where where otherwise

noted) from noted)

MaytH,1995 noted) from otherwise othenvise

uo·ti11996 or 1996 or 1998 noted) from noted) as of

1998 emission emission test 2001 or 2002 May I, 2003 test

up to emission

May 1, 2003 test up to

Mav 1. 2003

Facilicy 1 Nat. NA NA 0.42 0.46 0.20

- Boiler gas

no. 6 #6 oil 0.33 0.46 0.46 0.5l 0.25

Facilicy 1 Nat. 0.30 0.30 0.30 0.32 0.20 - Boiler gas 0.5l O.5l 0.56 0.25

no. 8 #6 oil 0.45

Facilicy 1 NaL 0.36 0.36 0.36 0.36 0.20 - Boiler gas

no. 9 #6 oil 0.45 0.62 0.62 0.65 0.25

Facility 2 #6 oil 0.35 0.35 0.35 0.40 0.25 - Boiler

no. 1

Facility 2 #6 oil 0.35 0.35 0.35 0.40 0.25

-Boiler

no. 2

Facility 2 #6 oil 0.35 0.38 0.38 0.45 0.25 - Boiler

no. 3

Facility 2 #6 oil 0040 0.43 0.43 0.50 0.25 - Boiler

no. 4

Facili~ 2 Jet 230lbJbr 230l~ 230l~ 230l~ I 0.292 ~5 - engme fuel ppmvd

Facility 3 Jet 230l~ 230l~ 230l~ 230l~ 0.292 W5 - engine fuel ppmvd

Each facility 2 and facility 3 engine shall comply with the FLER set forth in Table 4 ahove.
United Technologies Corporation 8 Trading Agreement and Order No. 8134A

3. No later than May I, 2007, P&W shall comply with the requirements ofSectioD

22a-174-22(d)(l) ofthe 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.

4. FLERs. emi~s10n test rates and fuels set forth in Tables 1 and 4 may be modified

only after the consent ofthe Commissioner by written modification ofthis

Trading Agreement and Order.

5. Noncompliance v.rith an established FLER shall subject P&W to make restitution

by matching the quantity of emissions ("true up") caused by the exceedance plus

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

exceedance in LbslMMBtu, multiplied by the total heat input during the period

of noncompliance divided by 2000 lbsfton. Ifthe period of noncompliance is

not knov.rn, 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.

6. Emissiop Tests. In accordance with Section 22a-174-22(k) of the Regulations,

P&W shall conduct NOx emission tests ofthe Iacility I boiler.;, facility 2

boilers. facility 2 engines and facility 3 engines at least once every five years.

Such NOx emission.tests shall be conducted prior to five years from the date of

the last test for each such unit.

7. From the date ofthe most recent NOx emission testS identified in paragraph A.3.

and prior to May I, 2007, P&W shall limit the maximum rated capacity of

facility 1 boiler no. 6 to 143 MMBtu/hr heat input and 125,000 poundsJhr steam

production for gas and 144 MMBtu/hr heat input and 130,000 poundsJhr stearn

productioo for no. 6 oil; facility I boiler no. 8 to 171 MMBtu/hr heat input and

130,000 poundslhr steam production on natural gas and 182 MMBtu/hr heat

input and 135.000 poundslhr steam production on no. 6 oil; facility 1 boiler DO. 9

to 165 MMBtu!hr heat input and 130,000 poundslhr steam production on natural

gas and 171 MMBtu/hr heat input and 135,000 poundslhr steam production for

no. 6 oil; facility 2 boiler no. 1 to 85 M:MBtu!hr heat input and 59~400

poundslhr steam production on no. 6 oil; facility 2 boiler no. 2 to 106 :MMBtuIhr

heat input and 73,334 poundslhr steam production on no. 6 oil; facility 2 boiler

no. 3 to 97 MMBtuIhr heat input and 78,100 poundslhr steam production on no.

6 oil; and facility 2 boiler no. 4 to 57 M-1\ffitu/hr heat input and 36,886
United Technologies Corporation 9 Trading Agreement and Order No. 8134A

pounds/hr steam production on no. 6 oil. P&W shaII demonstrate compliance

with these limitations by monitoring and documenting hourly stearn production.

However. if at any time after the date ofthe most recent emission tests specified

in paragraph A.3. during the period that this Trading Agreement and Order

remains in effect. P&W is unable to limit maximum rated capacity as stated

above, P&W shall conductNOx emissions testing of the facility I boiler no. 6,

facility I boilerono. 8, facility I boiler no. 9, facility 2 boiler no. I, facility 2

boiler no. 2, facility 2 boiler no. 3, or facility 2 boiler no. 4 on or before sixty

(60) days after exceedance ofthe above limits in accordance with the following:

a. P&W shall submit to the Commissioner for his review and written

approval an Intent-To-Test ("lIT') protocol not less than thirty (30) days

prior to the emissions testing required pursuant to this Trading

Agreement and Order. The m protocol shall include at least:

1. The Department ofEnvironmental Protection's Bureau ofAir

Management Test Form No.1, "Intent to Test";

.'

2. System operating parameters indicative ofproper operation,

including, but not limited to, fuel firing rate. NOx emissions rate,

temperature and pressure, and steam production rate.

The ITT protocol shall provide that Respondent shall

perfonn testing as specified in Sections 22a-174-5 and 22a-174-22 ofthe

Regulations, including operating the facility 1 boiler no. 6, facility I

boiler no. 8, facility 1 boiler no. 9, facility 2 boiler no. 1, facility 2 boiler

no. 2, facility'2 boiler no. 3, or facility 2 boiler no. 4 at not less than

ninety percent (90%) ofits maximum capacity limit or highest operating

rate since its previous emission test, whichever is higher.

b. Respondent shall perform all testing in accordance with the approved

ITT protocol.

c. In conducting and performing the required testing, and in analyzing the

results ofsuch testing, Respondent shall adhere to methods specified in

Sections 22a-174-5 and 22a·174-22 ofthe Regulations and as approved

by the United States EPA and the Co=issioner.

d. Respondent 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.
United Technologies Corporation 10 Trading Agreement and Order No. 8134A

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

Trading Agreement and Order, P&W shall submit to the Commissioner a

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

notice from the Commissioner indicating any deficiencies in such report,

P&W shall submit a revised report.

I

8. Emission teru required pursuant to paragrapb C.6. of this Trading Agreement

and Order shall be conducted in accordance With the procedure set forth in

paragraph C.7.a. through C.7.e. ofthis Trading Agreement and Order; provided

that ifthe facility I boiler DO. 6, facility 1 boiler DO. 8, facility I boiler no. 9,

facility 2 boiler DO. I, facility 2 boiler no. 2, facility 2 boiler no. 3, or facility 2

boiler no. 4 is tested at 90% ofits maximum rated capacity, the maximum

capaciry limit specified in paragraph C.7. shall no longer apply.

9. VintalZe Restriction. For the purposes of compliance with Section 22a-174-22 of

tbe Regulations, OERCsiallowances sball only remain valid for five (5) calendar

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

OERCsiallowances older than five (5) calendar years from their

creation/allocation are not valid for use for compliance with Section 22a·174-22

ofthe Regulations. Notwithstanding the above, OERCsiallowances

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

with Section 22a-174-22 ofthe Regulations up to and including December 31,

2004.

10. Aporovals. P&W shall use best effons to submit to the Commissioner all

documents required 'by this Trading Agreement and Order in a complete and

approvable form. lfthe Commissioner notifies P&W that any document or

other action is deficient, and does not approve it with conditions or

modifications, it is deemed disapproved, and P&W 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 aDy document or other

action under this Trading Agreement and Order, the Commissioner may

approve the document or other action as submined 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

tl:l.is paragraph shall excuse noncompliance or delay.

11. Definitions. As used in this Trading Agreement and Order, "Commissioner"

means the Commissioner or a representative of the Commissioner; "Ozone

season" means the period from May 1 through September 30 in any given
United Technologies Corporation 11 Trading Agreement and Order No. 8134A

calendar year, and uNOx RACT" means NOx Reasonably Available Control

Technology. The date of "issuance" 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.

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

this Trading Agrlfement 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 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

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.

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

notice, which is required to be submitted to the Conunissioner under this Trading

Agreement and Order shall be signed by P&W or, ifP&W is not an individual, by

P&W's chief executive officer.or a duly authorized representative ofsuch officer,

as those tenns are defined in §22a-430-3(b)(2) ofthe Regulations of Connecticut

State Agencies, and by the individual(s) responsible for actually preparing such

document, and P&W or P&W's chief executive officer and each such individual

shall certify in writing as follows: "1 have personally examined and am familiar

with the information submitted in this document and all attachments thereto, and I

certify, based on reasonable investigation, including my inquiry of those

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 Connecticut General

Statutes and any other applicable law."

14. Noncompliance. This Trading Agreement and Order is a fInal order oftbe

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 P&W to an injilllction and penalties.

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

this Trading Agreement and Order is punishable as a criminal offense illlder §53a157b ofthe Connecticut General Statutes and any other applicable law.
United Technologies Corporation 12 Trading Agreement and Order o.8134A

16. Notice oftransfer: liability ofP&W. Until P&W has fully complied with this

Trading Agreement and Order, P&W shall notify the Commissioner in writing no

later than 15 days after transfening 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. P&W's

obligations Ull.d~ this Trading Agreement and Order shall Dot be affected by the

passage oftitle to any property to any other person or municipality.

17. 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. Ifat any time the Commissioner determines that the

actions taken by P&W pursuant to this Trading Agreement and Order have not

successfully corrected all violations, fully characterized the extent or dygree of

any pollution, or successfully abated or prevented pollution, the Commissioner

may institute any proceeding to require P&W to undertake further investigation or

funber action to prevent or abate violations or pollution.

18. P&W's obliszations under law. Nothing in this Trading Agreement and Order

shall relieve P&W of other obligations under applicable federal, state and local

law.

19. No assurance bv Commissioner. 0 provision ofthis 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 P& W

pursuant to this Trading Agreement and Order will result in compliance or

prevent or abate pollution.

20. Access to facility. Any representative ofthe Department ofEnvironmental

Protection may enter the facility without prior notice for the purposes of

monitoring and enforcing the actions required or allowed by this Trading

Agreement and Order.

21. No effect on riszhts of other oersons. This Trading Agreement and Order neither

creates nor affects any rights ofpersons or municipalities that are not panies to

this Trading Agreement and Order.

22. No Creation ofPropertv Rie:hts. This Trading Agreement and Order does not

create any property rights with respect to these DERCs.
United Technologies Corporation 13 Trading Agreement and Order No. 8134A

23. Notice to Commissioner of changes. Within 15 days ofthe date P&W becomes

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

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

misleading or that any relevant information was omitted, P&W shall submit the

correct or omitted information to the Commissioner.

24. Notification of nOncompliance. In the event that P&W 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, P&W

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, P&W shall submit in writing the date, time, and

duration of the noncompliance and the reasons for the noncompliance or delay and

propose, for the review and wrinen approval ofthe Commissioner, dates by which

compliance will be achieved, and P&W shall comply with any dates which may be

approved. in writing by the Commissioner. Notification by P&W shall not excuse

noncompliance or delay, and the Commissioner's approval of any compliance dates

proposed shall not excuse noncompliance or delay unless specifically so stated by

the Commissioner in writing.

25. 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 or in writing by the

Commissioner, be directed to:

Wendy Jacobs

Department ofEnvironmental Protection

Bureau of Air Management

Emissions and Credit Trading Section

79 Elm Street

Hartford, Connecticut 06106-5127
United Technologies Corporation 14 Trading Agreement and Order No. 8134A

P&W consents to the issuance ofthis 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 P&W to the terms and conditions of the Trading Agreement and

Order.

,

United Technologies Corporation

Sjgnature(~;;1?e~~

Type Name: L,r)" "So;l'e II

Type Title: y"e~+or; Glob.1 0f.,~+-:"r.,} *<;•.,':1:+;"'5

Issued as a final order ofthe Commissioner ofEnvironmental Protection

on -<.A..:p.l!>'l=.·:..../-,,,:..::s~_, 2003

(

CITY OF EAST HARTFORD, TOWN OF MIDDLETOWN

LAND RECORDS

M.tuLED CERTIFIED MAIL,

RETURN RECEIPT REQUESTED