# STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the maner of The Stare ofConnecticut and Devon PowerLLC



# , ) ) ) ) ) Trading Agreement and OrderNo. 8219A



### J Whereas, the CommissionerofEnvironmental Protection ("Commissioner") and Devon PowerLLC (''DP'') 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 emission 

### reduction credit (UDERC") 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 ofDP, the Commissionerfinds the following: 1. This Trading Agreement and Order5upercedes Trading Agreement and Order 8219 issued on March 22, 2002. 2. DP is an exempt wholesale electric generating company with its principal place ofbusiness in Sewickley, Pennsylvania. On December 15,1999 DP purchased from The Connecticut Light and PowerCompany and now owns one fossil fuel-fired electric generating station, Devon Station, at Naugatuck Avenue, Milford, Connecticut ("facility"). 3. At the facility, NRG Devon Operations Inc. operates fuel burning equipment, consisting ofDevon Station Unit 7, a 109 megawatt front-fired boiler and, Devon Station Unit 8, a 109 megawan front-fired boilerConnecticut Registration Numbers 105-0055 and 105-0058 respectively ("boilers 7 and 8"), which is subject to Subsection**22a~** 174-22 ofthe Regulations ofConnecticut State Agencies ("Regulations"). Boilers 7 and 8 have the dual capacity to operate on No.6 fuel oil, No.2 fuel oil, and/or natural gas. No.2 fuel oil is used primarily as an ignition fuel as part ofthe start-up procedure. A continuous emissions monitor ("CEM"') certified to 40 Code ofFederal Regulations ("CFR") Part 75, measures NOx from boilers 7 and 8. 4. Boilers 7 and 8 sometimes exceed the NOx allowable emission rate limit specified in Section**22a-174~22(e)** ofthe Regulations. 5. To reduce excess NOx emissions DP has represented that it monitOrs and controls the combustion process ofboilers 7 and 8, and bums natural gas, so that emissions frequently can be kept below the Ox emission limitations established by Section**22a~ 174~22(e)**  ofthe Regulations. (Prinled 011 Recycled Piper) 79 Elm SUeet • Hanford, CT 06106

- 5127 \.. hltp:lldcp.SlalC.**CI.~J** A" Equal OpPQrlunily Emp/oyaDevon Power LLC Trading Agreement and Order No. 8219A



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., , .**~.** 6. Pursuant to Section 22a·174-22(j) ofthe Regulations, during the non-ozone season, DP intends both to acquire and generate approved DERCs until September 30,2004 for boilers 7 and 8 at the facility. Pursuant (o Section 22a174-22U) ofthe Regulations, during the ozone season, DP intends both .to acquire and generate approved Budget discrete emission reduction cregits 

### ("BDERCs") until September

### 30, 2004 forboilers 

### 7 and 

### 8 at the facility. 

## , 7. When properly documented by DP, and approved by the Commissioner, the emission reductions identified above, and as computed in accordance with the terms ofthis Trading Agreement and Order, will conform to the requirements ofSection 22a-174-22U)(3) ofthe Regulations. Specifically, the reductions 

### will be: Real because they will result in areduction ofac{ual emissions released into the air, net ofany consequential increase in actual emissions resulting from shifting demand. The emission reductions will be properly measured, recorded and reponed. Quantifiable because they are based on CEM data as applied in an appropriate reliable and replicable protocol, providing the rate and total mass amount ofreduction. Surplus because they are not required by any Connecticut statute or regulation mandated by acurrent State Implementation Plan ("SJP"), and are. nO[ currently relied upon in any applicable attainment plan, any reasonable funher progress plan ormilestone demonstration. Permanent because the advanced control systems and installation capabilities are in place and operating, and an appropriate tracking system is in place to monitor all data required to verify and quantify the creation of 

### DERCs. Enforceable because the DERCs are approved by the Commissioner retrospectively after the submission by DP ofareport that documents their creation. 8. The emissions trading baselines ("baseline emission rate") and the allowable emission limits for boilers 7 and 8 in pounds permillion British thenna} units ("lbsJM:M:Btu") ofheat input when operating on fuel oil and natural gas are provided on the following table 1:

2Devon PowerLLC Trading Agreement and Order No. 

### 8219A
Table 1 NOx Allowable Limits and Baseline Emission Rate in IbsJrvIMBtu Emission Fuel Heat Input Emissions AllowablelBaselille emission Unit MMBtulhr Test rate IbslMMBtu Boiler 7 No.6 I 1139 CEM 0.25 Registration No.2,

. aM 0.17 No. 105-0055 Naturai .2as CEM 0.20 Boiler 8 No.6 1139 CEM 0.25 Registration No.2 CEM 0.17 No. 105-0058 Natural Gas CEM 0.20
9. Starting on October 1, 2003, and during the period from October 1 through April 30, inclusive, each year until September 30,2004, DP may only obtain approval of actual reductions in NOx emissions, generated by operating boilers 7 and 8 at arate that is below 0.15 Ibsf1v1}..1Btu during the non-ozone season on No.6 oil, 2 oil andlor natural gas. 10. The Commissioner, in accordance with the provisions ofTrading Agreement and

"'" Order 8219 and Addendum 1, pursuantto Section 22.-174-22(d)(3) ofthe

'

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-j}' Regulations, previously approved the non-ozone season NOx DERCs referenced in Table 2 ofthis Trading Agreement and Order. DERC creation serial numbers (if assigned by the Department) to these previously approved reductions ofNOx emissions are providedin Table 2 ofthis Trading Agreement and Order. DERCs are subject to the vintage restrictions in this Trading Agreement and Order. Dates that after which the unused DERCs will no longerbe eligible for use as aresult of the vintage restrictions are providedin Table 2 ofthis Trading Agreement and Orderin the expiration date column.

reVlOuslv aoorove 

## - x s Year of Non-alone season NOx DERC Tons Expiration Generation serial numbers Date 1999 

### CT99/8219(DC)NOxnoz2-10 9 

### 12131/04 2000 

### CTOO/8219(DC)NOxnozl-116 

### 116 12/31105 2001 CT01l8219(DC)1-37 37 

### 12131106 Table 2 

## P I dNO DERC

B. The Commissioner, in accordance with the provisions ofthis Trading Agreement and Order, pursuant to Section 22a-174-22(d)(3) ofthe Regulations, hereby allows DP to:

',...../ 1. Comply with Section 22a-174-22(d)(1) ofthe Regulations through use ofBDERC and DERC trading;

3Devon Power LLC Trading Agreement and Order No. 8219A 2. Ozone season BDERCs may be generated and used in accordance with this Trading Agreentent and Order; and 3. Upon sufficient documentation as prescribedin this Trading Agreement and Order, generate additional BDERCs andDERCs. Upon issuance ofan addendum to this Trading Agreement and Orderthe Commissionermay approve the generation of additional BDERCs'andDERCs by DPretrospectively. Approved BDERCs and OERCs generated by DP may be held by DP ortransferred to other persons in accordance with this Trading Agreement and Order. C. With the agreement ofDP, the Commissioner, acting under Sections 22a-6, 22a-171, 22a-174, 22a-176, and 22a-I77 ofthe Connecticut General Statutes, hereby orders DP as follows: 1. Upon issuance oftms Trading Agreement and Order, OP may generate approved BOERCs and DERCs as allowed underthis Trading Agreement and Orderuntil September30, 2004. 2. Upon issuance ofthis Trading Agreement and Order, at the facility, DP shall comply with Section 22a-174-22 ofthe ReguJations through emission reduction trading. Until OP achieves permanem compliance with the emission standard in Section 22a-174- 22(e) ofthe regulation or by September30,2004, whichever occurs earlier:

a. OP shall use approved OERCs and BDERCs as required underthis Trading Agreement and Order; and b. DP shall have in its possession sufficientapproved BDERCs and DERCs [0 meet applicable NOx emission limits as allowed underthis Trading Agreement and Order. 3. DERC 2eneration.



### a. Until September30,2004, when boilers 7 and 8 have daily NOx emissions below the applicable baseline emission rate(s), orthe proportioned baseline emission rate, or when boilers 7 and 8 have seasonal Ox emissions below 0.15Ibsflv1MBtu during the non-ozone season starting on October I, 2003, DP shall calculate the amount ofDERCs generated as follows: DERCs (tons) ; {[Total heat inpu,' ofall fuels in MMBtu x «(proponioned baseline emission rarel ) - (the CEM-recorded NOx emission rate'))] 2000 lbslton} x (0.90)'



# ,Devon PowerLLC Trading Agreement and Order No. 8219A**(~** 

### .... ' b.

c.

d. I Heat input shall be calculated using the lower ofCEM-recorded dau or actual fuel usage d3ta in MMBtu per unit offuel combusted.

! This r3te shall be calculated by 1) multiplying the he.:n input ofeach fuel combusted by the baseline emission rate(s) for such fuel; 2) summing those products: and 3) dividing the sum by the total heat input. Ifthe boileris operating exclusively on one fuel, DP may replace the proportion.ed tl'aseline emission rate with the applicable. baseline emission rate, for that fuel. Starting onOctober I, 2003, the baseline emission rate during the non-alone season shall be 0.15IbslMMBtu. ) During me alOne season until September 30, 2004, and during the non-owne season until October 1, 2003, this rate shall be calculated pursuant to the methodology described in 40 Code ofFederal Regulations Part75 and weighted pursuant to me Department's policy statemententitled "Guidance forCalculation ofEmission Reduction Credits and Determ.ination ofCompliance with NOx R.A.cr for Sources Subject to 40 CFR 75 (Acid Rain Sources)" dated December 18, 1998 which is attached to and incorporatedby reference into mis Trading Agreement and Order as part ofAttachment I.

, An additional ten (10) percent ofall DERCs (tons) generated by the boiler shall also be retired by me facility and permanently removed from all calculations on a daily basis to assure a benefit to me environment. Starting on October 1. 2003, during the non·ozone season, me ten percent discount shall be retired by the facility and permanently removed from all calculations on a seasonal basis to assure a benefit to the environment. Durin2. the ozone season until September 30. 2004 and durin2. the non-ozone season until October 1. 2003: Forpurposes ofcalculating the number of BDERCs and DERCs generated from boilers 1 and 2 at the facility, DP shall use the baseline emission rates for boilers 7 and 8, orthe proportioned baseline emission rate set for,th in footnote 2 ofparagraph C.3.a. of this Trading Agreement and Order, when simultaneously operating on more than one fuel. DP shall use the above referenced baseline emission rate(s) when calculating the proponioned baseline emission rate. Startin2. on October L 2003 and until September 30.2004 during the nonozone season: Forpurposes ofgenerating DERCs from boilers 1 and 2 at the facility, DP shall use 0.15Ibs/MlvIBtu ofheat inpur when operating on No.6 fuel oil, No.2 fuel oil, andlor natural gas as the non-ozone season baseline emission rate for boilers 7 and 8. Ten (10) percent ofall DERCs (tons) generated by boilers 7 and 8 shall be retired by the facility and pennanently removed from all calculations on a non-ozone season basis to assure a benefit to the environment. Non-ozone Season Restrictions. Non-ozone season NOx DERCs generated by DP shall be created and approved in accordance with this Trading Agreement and Order, and shall remain valid until they are used or until

5

### Devon PowerLLC Trading Agreement and OrderNo. 8219A their vintage expiration date, oruntil September30, 2004, whicheveroccurs first.

e. Durin!! the ozone season until September 30. 2004 and during the non-Olone season until October 1. 

### 2003: In 

### requesting approval ofDERCs generated by boilers 7 and 8( DP shall provide documentation containing a sample spreadsheet With calculation fonnulas used to determine reported numbers; monthly operating reports ofactual fuel usage including the fuel BTU content, numberofgallons, and cubic feet used for each fuel type; daily:M1v1Btu for each fuel type and actual heat input based upon CEM-recorded data; daily weighted and unweighted actual NOx emission rates (24-hour average); and DERCs generated using the baseline emission rate(s), orthe proportioned baseline emission rate set forth in footnote 2 ofparagraph C.3.a. ofthis Trading Agreement and Order, net ofthe ten (10) percent environmental discount. 

# <I),

.."-:,, f. 

### During the non-ozone season startin2 on October 1. 2003 and until September 

### 30.2004: 

### In requesting approval ofDERCs generatedby boilers 7 and 8, DP shall provide documentation containing a sample spreadsheet with calculation fonnulas used to determine reported numbers; non-ozone season operating reports ofactual fuel usage including the fuel BTUcontent, number ofgallons, and cubic feet used for each fuel type; non-ozone season !vfN1Btu for each fuel type and actual heat input based upon CEM-recordeddata; non-ozone season actual NOx emissionrates (seven month average); and DERCs generated using the 0.15 Ibs&1tv1Btu baseline emission rate(s), net ofthe applicable environmental discount. 4. When the daily ornon-ozone season CEM-recordedNOx emission rate is used to calculateDERCs generated by boilers 7 and 8, DP shall not include missing data calculatedin accordance with any missing data substitution procedures, including those allowed under Section 22a-174-22b ofthe Regulations and 40 CFR Part 75. 5. Upon sufficient documentation, as determined by the Commissioner, thatDP has met the requirements ofthis Trading Agreement and Order, the Commissioner may provide written approval ofDERCs generated by DP retrospectively. Requests for approval ofall subsequentDERCs created shall be submitted in writing to the Commissioner. Such requests shall be compiled on a monthly basis and shall be submitted at least on an annual basis. Approved DERCs generated by DP under this Trading Agreement and Ordermay be held ortransferred to 

### otherpersons. 6. DERC use. Until September30,2004, before the first day ofeach month, and starting on October 1, 2003 also before the first day ofeach non-ozone season, DP
6Devon PowerLLC Trading Agreement and OrderNo. 8219A should have in 

### its possession sufficient approved DERCs for boilers 7 and 8 based on the following:

a. At all times: Before the first day ofeach month, calculate projected worst case DERC? required forthat calendarmonth as follows: 

## , EstimatedDERCs (tons) 

### = {[estimated worst case NOx emission rate in IbsIMMBtu

- «0.95) x (NOx allowable emission limit orproportioned emission rate calculated pursuant to Section 22a-I74-22(O(2)(A) ofthe Regulations in IbsIMMBtu))) x (Estimated fuel use in MMBtu)) t 2000 pounds/tons. No laterthan the twentieth day ofeach month, DP shall calculate and pennanently retire DERCs used in the preceding calendarmonth, as follows: (i) Forboilers 7 and 8 on each day, detennine whetherthe 24-hour average NOx emission rate* is less than the baseline emission rate or greaterthan the NOx allowable emission limit.

b. (ii) When boilers 7 and 8 have adaily NOx emission rate (24-hour average) exceeding the NOx allowable emission limit, calculate the amount ofDERCs used, as follows: Actual DERCs (tons) 

### = ([(CEM-recorded NOx daily average emission rate in IbslMMBtu*)

- «0.95) x (NOx allowable emission limit orproportioned emission rate calculated pursuant to Section 22a-174-22(O(2)(A) ofthe Regulations in IbslMMBtu))] x (actual fuel use in MMBtu)) +2000 pounds/tons. *This rate shall be calculatedpursuant to the methodology described in 40 CFR Pan 75.

(iii) With the exception ofBDERCs, excess DERCs from previous months can be applied to subsequent months. BDERCs are subject to the limitations set forth in paragraph C.7. ofthis Trading Agreement and Order. During the non-ozone season starting on October 1. 2003:

7Devon PowerLLC Trading Agreement and OrderNo. 8219A



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...':. In addition to meeting the 24-houremission limit in Table 22-1 ofSection 22a-174-22 ofthe Regulations, meet anon-ozone season emission limit of 0.15Ibs/1v1Jv1Btu. Priorto October 1, 2003 DP shall estimate and acquire the amount ofDERCs or allowances required for such non-ozone season needed to comply with Section 22a-174-22(e)(3) ofthe Regulations as follows: I 

# , Estimated DERCs (tons):: [Estimated fuel use in MMBtu from October 1 through April 30 x (lower ofthe estimated seasonal average NOx emission rate or the proportioned 24-hour allowable emission limitin IbslMMBtu during October 1 through April 30)

- (0.95 x 0.15 IbslMMBtu)] 2000 pounds/ton. No laterthan May 31,2004, in addition to the DERCs retired in paragraph C.6.a., calculate and permanently retire DERCs used in the preceding non-ozone season as follows; Actual DERCs (tons) 

### = [Actual fuel use in MMBtu from October I through April 30 x (lower ofthe actual seasonal average NOx emission rate orthe proportioned 24-hour allowable emission limitin IbsIMMBtu during October 1 through April 30)

- (0.95 x 0.15 IbslMMBtu)] .,. 2000 pounds/ton.

c. When the daily ornon-ozone season CEM-recorded NOx emission rate is used to calculate DERCs used by boilers 7 and 8, DP shall include missing data calculatedin accordance with missing data substitution procedures under40 CFR Part 75.

'-

### .... 7. BDERCs shall only be used by otherNOx Budget Program sources located in Connecticut. BDERCs shall only be used to offset ozone season excess emissions, and shall not be used for compliance during the non-ozone season. BDERCs generated during a given year shall only 

### be used during the following ozone season. BDERCs are subject to all DERC requirements set forth in this Trading Agreement and Orderexcept for those requirements pertaining solely to non-ozone season DERCs and as otherwise may be provided. 8. DP shall make and keep records for boilers 7 and 8 of: daily fuel use and fuel type; excess NOx emissions; daily NOx mass emissions. the actual NOx emission rates (24- hour average) and staning on October I, 2003 non-ozone season lOX emission rates, number ofoperating hours perday, the number ofinvalid data hours ofthe total operating hours perday; the numberofDERCs in its possession, created, purchased and 8Devon PowerLLC Trading Agreement and OrderNo. 8219A used (by serial numberifassigned) 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 remainderofthe year); as well as documentation attesting to the fact that approved DERCs used during the ozone season were generated during the ozone season. Generatorcertification ofthis fact shall be sufficient. DP' shall maintain and submit such records in accordance with Section 22a-174-22 6fthe Regulations. 9. Record Keepin!!. DP shall retain records and supporting documentation as described in this Trading Agreement and Orderfor aminimum offive years, commencing on the date such records were created. DP shall provide the records specified above to the Commissionerwithin thil1y (30) days ofreceipt ofa written request from the Commissioner. 10. Annual Emission Statement. No laterthan March 1 ofevery year afterissuance ofthis Trading Agreement and Order, DP shall include with the Annual Emission Statement provided to the Commissioner, arecord ofeach sale orothertransfer, and use ofany and all ofthe DERCs approved within and subsequent to issuance ofthis Trading Agreement and Orderuntil all such DERCs have been used or are no longerin DP's possession. DP shall also include actual NOx emissions from and the amount ofall DERCs used (including serial numbers (ifassigned) and approved DERCs generated and/orpurchased from otherfacilities), generated and/or approved for the previous calendar year. These reports shall be on afonn prescribed by the Commissioner and shall be in monthly increments. Should DP choose to discontinue the generation of DERCs, DP will notify the Commissionerupon discontinuance. DP shall retain records and supporting documentauon as described in this Trading Agreement and Orderfor a minimum offive years, commencing on the date such records were created. DP shall provide the records specified above to the Commissioner within thirty (30) days of receipt ofa wrinen request from the Commissioner. 11. Allowance Use. Pursuant to Section 22a·174-22(d)(3) ofthe Regulations, DP may use NOx allowances, pursuant to Section 22a-174-22(j) oftheRegulations to achieve all or apanion ofthe reductions required by Section 220-174-22 ofthe Regulations. Any allowance used forcompliance with Section 22a-174-22(e) ofthe Regulations shall be subject to all restrictions and/orrequirements applicable to DERCs containedin this Trading Agreement and Order. Each allowance used for compliance with Section 22a174-22 ofthe Regulations shall be equivalent to one discrete emission reduction credit and shall be deducted from DP's NOx BudgetProgram compliance account upon such use. Allowances shall be considered used forcompliance with Section 22a-174-22 of the Regulations when they are transferred from the facility's compliance account or overdraft account to a State ofConnecticut NOx allowance retirement account, account ID 

### 000000oo300 in the NOx .AJJowance Tracking System. 9Devon PowerLLC Trading Agreement and OrderNo. 8219A



### .. 12. DERC Doubling. At a minimum. DERCs required shall be adjuSted upwards by 100% ifDERCs are not in DP's possession for use prior to the first day ofeach month or applicable season. However, based on the gravity ofthe noncompliance, the Commissioner may require additional upward adjustment. I 13. Vintage Restriction.Forthe purposes ofcompliance with Section 22a-174-22 ofthe Regulations, DERCs/alIowances shall only remain valid for five (5) calendaryears from the year ofthe generation/allocation ofsuch DERCs/allowances. DERCs/allowances generated/allocated more than five (5) calendaryears ago are not valid for use for compliance with Section 22a-174-22 ofthe Regulations. Notwithstanding the above the DERCs/allowances generated/allocated prior to calendar year 2000 shall be"valid for use until**Decem~er** 31. 2004. 14. Extension. No laterthan September30,2004, with respect to boilers 7 and 8, DP shall comply with the requirements ofSubdivision 22a-174-22(d)(I) ofthe Regulations. However, afterfull programreview ofthis and otherTrading Agreements and Orders and, ifdetennined to be appropriate, Lhe Commissionermay grant a wrinen extension of this Trading Agreement and Order

. 15. Future Compliance Report. On orbefore March 31, 2004, DP shall submit areport indicating how the facility shall comply with Section 22a-174-22 ofthe Regulations with respect to boilers 7 and 8 on and after September30.2004. 16. Full compliance. DP shall f;lot be considered in full compliance with this Trading Agreement and Orderuntil all actions required by this Trading Agreement and Order have been completed as approved and to the Commissioner's satisfaction. 17. Approvals. DP shall use bestefforts to submit to the Commissioner all documents required by this Trading Agreement and Orderin acomplete and approvable fonn. If the Commissionernotifies DP that any document orother action is deficient, and does not approve it with conditions ormodifications, it is deemed disapproved, and DP shall correct the deficiencies and resubmit it within the time specified by the Commissioner or, 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 orother action as submitted or performed orwith 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

.

.**~,/'** 18. Definitions. As used in this Trading Agreement and Order, "Approved DERCs" are those for which the Commissioner has provided wrinen authorization for use in 10Devon PowerLLC Trading Agreement and Order No. 8219A



### , 

### .

'" compliance with Seclion 22a-174-22 oflhe Regulations; "Commissioner" means the Commissioneror arepresentative ofthe Commissioner; "Ozone season" means the period from May 1 through September 30 in any given calendaryear. The date of "issuance" ofthis Trading Agreement and Orderis the date the Trading Agreement and Orderis deposited in the U.S. mail orpersonally'delivered, whicheveris earlier. I 19. Dates. The date ofsD.bmission to the Conunissionerofany documentrequired by this Trading Agreement and Order shall be the date such document is received by the Commissioner. The date ofany notice by the CommissionerunderTrading Agreement and Order, including but not limited to notice ofapproval ordisapproval ofany document or other action, shall be the date such notice is deposited in the U.S. mail or is personally delivered, whicheveris earlier. Except as otherwise specified in this Trading Agreement and Order, the word "day" as used in this Trading Agreement and Order means calendarday. Any document or action which is required by this Trading Agreement and Order to be submined orperformed by a date which falls on a Saturday, Sunday or a Connecticut orfederal holiday shall be submined orperfonned by the next day which is not aSaturday, Sunday or Connecticut or federal holiday. 20. Cenification ofdocuments. Any 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 byDP or, ifDP is not an individual, by an individual who is an authorized representative ofDP, in accordance with Section 22a-174-2a(a) ofthe Regulations ofConnecticut State Agencies, and by the individual(s) responsible for actually preparing such document, and each such individual shall cenify in writing as follows: "1 have personally examined and am familiar with the infonnation submittedin this document and all anachments thereto, and I cenify, based on reasonable investigation, including my inquiry ofthose individuals responsible for obtaining the information, that the submittedinformation is true, accurate and complete [Q the best ofmy knowledge and belief. I understand that any false statement made in the submitted information is punishable as acriminal offense under Section 53a-157b ofthe ConnecticutGeneral Statutes and any other applicable Jaw." 21. Noncomoliance. This Trading Agreement and Orderis a final order ofthe Commissionerwith respect to the matters addressed herein, and is nonappealable and immediately enforceable. Failure to comply wirh this Trading Agreement and Order may subjectDP [Q an injunction and penalties.

11Devon PowerLLC Trading Agreement and OrderNo_ 8219A



### .- 22. False statements. Any false statement in any infoI1Tlation submitted pursuant to this Trading Agreement and Orderis punishable as acriminal offense under Section 53a157b ofthe Connecticut General Statutes and any other applicable law. 23. Notice oftransfer: liability ofDP. Until DP has fully complied with this**Tr~d.ing** Agreement and Orqer,IDP shall notify the Commissionerin writing no later than 15 days after transfening all or any ponion ofthe facility, the operations, the site orthe business which is the subject ofthis Trading Agreement and Order or after obtaining a new mailing or location address. DP's obligations under this Trading Agreement and Order shall not 

### be affected by the passage oftitle [0 any property to any otherperson or municipality. 24. Commissioner's powers. NOlhing 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, orfuture violations oflaw. 

### Ifat any time the Commissionerdetermines that the actions taken byDP pursuant to this Trading Agreement and Order have not successfully corrected all violations, fully characterized the extent or degree ofany pollution, or successfully abated orprevented pollution, the Commissionermay institute any proceeding to require DP to undertake further investigation orfurther action to prevent or abate violations orpollution. 25. DP's oblig:ations underlaw. Nothing in this Trading Agreement and Order shall relieve DP ofother obligations under applicable federal, state and local law. 26. No assurance by Commiss{oner. No provision ofthis Trading Agreement and Order and no action orinaction by the Commissioner shall be construed CO constitute an assurance by the Commissionerthat the actions taken by DP pursuant to this Trading Agreement and Order will result in compliance orprevent or abate pollution. 27. Access to facilitv. Any representative ofthe Depanment ofEnvironmental Protection may enterthe facility withoutpriornotice for the purposes ofmonitoring and enforcing the actions required or allowed by this Trading Agreement and Order. 28. No effect on rights ofotherpersons. This Trading Agreement and Orderneithercreates nor affects any rights ofpersons ormunicipalities that are not parties to this Trading Agreement and Order.

. 29. No Creation ofPropertv Rig:hts. This Trading Agreement and Order does not create any property rights with respect to these DERCs.

12Devon PowerLLC Trading Agreement and Order o.8219A



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### ".- 30. Notice to CommissionerofchanQ:es. Within 15 days ofthe date OP becomes aware of achange in any information submitted to the Conunissionerunder this Trading Agreement and Order, orthat any such infonnation was inaccurate ormisleading or that any relevant information was omitted, DP shall submit the correct oromitted infonnation to the Commissioner. I 

## , 31. Notification ofnoncompliance. In the event that OP becomes aware that it did not or may not comply, or didnot ormay not comply on time, with any requirement ofthis Trading Agreement and Orderor ofany documentrequired hereunder, OP shall immediately notify by telephone the individual identified in the next paragraph and shall take all reasonable steps to ensure that any noncompliance ordelay is avoided or, ifunavoidable, is minimized to the greatest extentpossible. Within five (5) days ofthe initial notice, DP shall submit in writing the date, time, and duration ofthe. noncompliance and the reasons for the noncompliance ordelay and propose, for the review and written approval ofthe Commissioner, dates by which compliance will 

### be achieved, and DP shall comply with any dates which may be approved in writing by the Commissioner. Notification by DP shall not excuse noncompliance or delay, and the Commissioner's approval ofany compliance dates proposed shall notexcuse noncompliance ordelay unless specifically so stated by tl1e Commissionerin writing

. 32. Submission ofdocuments. Any documentrequired to be submitted to the Commissionerunder this Trading Agreement and Order shall, unless otherwise specified in this Trading Agreement and Orderorin writing by the Commissioner, be directed to:**~. ~chael~eur**  Department ofEnvironmental Protection Bureau ofAirManagement Emissions and Credit Trading Section 79 Elm Street Hartford, Connecticut 06106-5127

13

### Devon Power LLC Trading Agreement and Order No. 8119A 

### DPconsents to 

### the issuance ofthis TradingAgreement and Orderwithout funher notice. The undersigned cenifies that he/she is fully authorized to enterinto this Trading Agreement and Order and to legally bindDP to 

### the tenns and conditions ofthe Trading Agreement and Order. Devon Power

### lie !

# ~.**-:)~;LLzd-/** .' t)rthur J. Rocque, Jr.



### ...**~onunissioner**



### . 

# / 

# f/ Issued as afinal orderofthe CommissionerofEnvironmental Protection 

### 3**.~** on

## --'--4"==---=:,-,0:=:...

__ , 1003 

# 1

CITY OFMll..FORD LAND RECORDS MAILED CERTIFIED MAJL, 

### RETURN RECEIPTREQUESTED Cenified Document No.



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