# STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION

State ofConnecticut & 

### The Connecticut Resources Recovery Authority (CRRA) ) 

### ) ) ) ) 

### Trading Agreement & 

### OrderNo. 8302

WHEREAS, the Commissioner ofEnvironmental Protection ("Commissioner") and CRRA ("Respondent") agree thatthe Commissionermay issue apermit or orderto allow emissions trading in accordance with Section 22a-174-22G) ofthe Regulations ofConnecticut State Agencies ("Regulations") as amethod ofcompliance with Section 22a-174-22 ofthe Regulations:

A. Atthe request and with the agreement ofRespondent, the Commissionerfinds the following:

I. 

### This Trading Agreement and Order supersedes Trading Agreement and Order 8116B and all subsequent modifications thereto.

2. Respondent is a corporation that owns and/or operates an electricity generation facility at Reserve-Maxim Road, Hartford, Connecticut ("facility").

3. Atthe facility, Respondent operates the emissionunits described in Table 1 below, which are subjectto Section 22a-174-22 ofthe Regulations ofConnecticut State Agencies ("Regulations") pertaining to the control ofNitrogen Oxide (NOx) emissions.

4. Forthe purposes ofthis Trading Agreement and Order, the following definitions shall apply:

a. Allowable Emission Limit (AEL): the applicable NOx emission limit set forth in Section 22a-174-22(e) or Section 22a-174-22(f) ofthe Regulations corresponding to the emissionunits described in Table 1 ofthis Trading Agreement and Order

b. Allowance: CAIRNOx Ozone Season allowance originally allocated to a CAIRNOx Ozone Seasonunit, as defined in Section 22a-174-22c ofthe Regulations, located in the State ofConnecticut or aNOx allowance designated specifically for compliance during Ozone Season control periods and allocatedto a CAlRNOx Ozone Season unit located in the State of Connecticut afterthe date ofissuance ofthis Trading Agreement and Order.

c. CAIRNOx Ozone Season unit: shall be as defined in Section 22a-174-22c of the Regulations

(Printed on Recycled Paper) 79 Elm Street

_ Hartford,cr 06106-5127 www.clogov/dep An Equal Opponuniry Employer

### The Connecticut Resources Recovery Authority 2 Trading Agreement & 

### Order No. 8302

d. Discrete Emission Reduction Credit (DERC): a unit that was generated and approved by the Commissionerin accordance with a Trading Agreement and Orderissued by the Commissioner or generated and approved by the Commissioner in accordance with a protocol submitted and approved pursuant to Section 22a-174-38 ofthe Regulations. Such unit is equivalentto I ton of NOx emissions and may be used for emissions trading in accordance with Section 22a-174-22G) ofthe Regulations, subjectto the provisions ofPart B of this Trading Agreement and Order.

e. CAIRNATS: "CAIRNOxOzone Season Allowance Tracking System" as defined in 40 CFR 96.302.

f. Non-Attainment Area: means the geographic area which has been designated
as nonattainmentpursuantto 40 CFR 8 I in accordance with the provisions of 42 USC 7407 (Section 107 ofthe Act). Pursuant to 40 CFR 81.307, the designated ozone non-attainment areas in the State ofConnecticut are: the Greater Connecticut, CT area and the New York-NorthernNew Jersey-Long Island, NY-NJ-CT area.

g. Ozone Season: May I through September 30 ofeach calendaryear or such period as defined by the U.S. Environmental Protection Agency, subsequentto the issuance ofthis Trading Agreement and Order.

h. Non-Ozone Season: the period ofconsecutive calendarmonths between two successive Ozone Seasons

Tablr 1



# . CAIR NOx Ozone Season Units NOx Emission Rates, FLERs and Allowable Limits
UNIT- reg. or Heat Input Stack Test Stack FLER in Allowable Allowable Dale of Dale ofNext permit no. Fuel in Rate in Test Ib/MMBtu Emission Emission Last Stack Test MMBtu/hr Ibs/MMBtu Rate in Limit Limi.t Stack ppm\'d (AEL) in (AEL) In Test IbsfMMBtu DPrn\'d IIA #2 oil or 256 0.675 132.5 0.81 0.289 75 11/15/09 11/15/14 Reg.# 075-{)260 other distillateoil liB #2 oil or 256 0.71 138.4 0.81 0.289 75 11115/09 11/15/14 Reg.# 075-{)261 other distillate oil 12A #2 oil or 256 0.744 124.8 0.81 0.289 75 11114/09 11114/14 Reg.# 075-0262 other distillate oil 12B #2 oil or 256 0.706 114.8 0.81 0.289 75 11/14/09 11114114 Reg.# 075-0263 other distillate oil 13A #2 oil or 256 0.750 132.5 0.81 0.289 75 11/8/09 11/8/14 Reg.# 075-0264 other distillate oil 13B #2 oil or 256 0.733 130.3 0.81 0.289 75 11/8/09 11/8/14 Reg.# 075-0265 other distillate oil 14A #2 orother 256 0.755 124.0 0.81 0.289 75 11/7/09 11/7/14 Reg.# 075-0266 distillate oil
14B #2 oil or 256 0.771 136.1 0.81 0.289 75 IIm09 llml4 Reg.# 075-0267 other distillate oilThe Connecticut Resources RecoveryAuthority 

### 3 Trading Agreement & OrderNo. 8302
5. TheRespondent agrees that the actual NOx emissions rate from the emission units described in Table I, at times, exceeds the corresponding AEL.

6. Pursuant to Section 22a-174-22(j) ofthe Regulations, Respondentproposes to comply with Section 22a-174-22(e) ofthe Regulations, when operating the emission units described in Table I by means ofemissions trading in accordance with the provisions of this Trading Agreement and Order.

7. The Respondent proposes to use the full load emission rate ("FLER") identified in Table I for the purposes ofcalculating Actual DERCs/Allowances Required.

The Commissioner, in accordance with Section 22a-174-22(j) ofthe Regulations hereby allows Respondent to comply with Section 22a-174-22 ofthe Regulations at the facility through the use ofemissions trading, subject to the provisions ofthis Trading Agreement and Order.

B. With the agreement ofRespondent, the Commissioner, acting under Sections 22a-6, 22a-174, 22a176, and 22a-177 ofthe Connecticut General Statutes, hereby orders Respondent as follows:

I. Expiration ofthis Trading Agreement and Order: The Respondent may only use emissions trading, subject to the provisions ofthis Trading Agreement and Order, until the date of expiration ofthis Trading Agreement and Order. The date ofexpiration ofthis Trading Agreement and Order shall be the earlier of:

a. May 31,2014;

b. The date upon which the Respondent demonstrates to the Commissioner's satisfaction that actual NOx emissions from the emission units, at all times, does not exceed the corresponding AEL(s);

c. The date specified in any written notice from the Commissioner stating that the Respondent is no longer allowed to use emissions trading due to the Respondent's violation ofany provision ofthis Trading Agreement and Order;
or
d. The date specified in any written notice from thc Commissioncr, notifying thc Respondent that the Commissionerhas determined the use ofemissions trading
as a compliance option has been further restricted, modified or nullified by:
(i) the promulgation ofan Act, Statute, or Regulations; or (ii) the issuance ofajudgment orcourt order.

2. Respondent shall obtain and use sufficient DERCs and/or Allowances in such amanneras to comply with Paragraphs B.8 and B.9 ofthis Trading Agreement and Order. All Allowances used must come from an emission unit that is within the same ozone Non-Attainment area as the Respondent. Any Allowances used to comply with this Trading Agreement and Order must be allocated for the control period that occurs during the same year those allowances areThe Connecticut Resources Recovery Authority used 4 Trading Agreement & OrderNo. 8302

for compliance with this Trading Agreement and Order. All DERCs used during the Ozone Season for each emissions unit described in Table I, shall have been generated during an Ozone Season.

3. Prior to using Allowances in accordance with Paragraphs 8.8 and 8.9 ofthis Trading Agreement and Orderthe Respondent shall obtain aGeneral and/orComplianceAccount in the CAIRNATS.

4. Vintage Restriction. For the purposes ofcompliance with Section 22a-174-22 ofthe Regulations and the provisions ofthis Trading Agreement and Order, DERCs shall only remain valid for five (5) calendaryears from the yearofthe generation ofsuch DERCs. DERCs olderthan five (5) calendaryears from their creation are not valid for use for compliance with Section 22a-174-22 ofthe Regulations and the provisions ofthis Trading Agreement and Order.

5. Respondent shall not cause or allow actual NOx emissions from the operation ofthe emission units described in Table I ofthis Trading Agreement and Order to exceed the corresponding FLERs. Compliance with the corresponding FLERs specified in Table I shall be determined based on the results ofemissions testing performed in accordance with Section 22a-174-22 of the Regulations orNOx emissions monitored and recorded by acontinuous emissions monitoring system that was approved bythe Commissioner and that complies with Section 22a-174-4 ofthe Regulations and either40 CFR 60, Appendices 8&F or 40 CFR 75.

6. Ozone Season Fuel Use Restriction: Notwithstanding thc provisions ofParagraph 8.2 ofthis Trading Agreement and Order, when operating the emission unit described in Table I during the Ozone Season, the Respondent shall operate that unit while firing orco-firing the lowest NOx emitting fuel type orcombination offuel types that the units are authorized to bum in accordance with Departmcntal permit, registration, orapplicable regulation.

7. Notwithstanding Paragraph 8.6 ofthis Trading Agreement and Order, during the Ozone Season, the Respondent may operate the emission units described above on fuels that result in higher emissions ofNOx, ifeither:

a. the availability offuel oil that complies with Paragraph 8.6 is inadequate to meet the needs ofresidential, commercial and industrial users in this state and that such inadequate supply constitutes an emergency; or
b. the supply ofgaseous fuels to the emission units is intcrrupted due to inadequate supply or in accordance with an interruptible supply agreement between the Respondent and the gaseous fuel supplier.

8. DERC/Allowance Use. On the first day ofeach calendar month, the Respondent shall possess a quantity ofDERCs and/or Allowances that equals or exceeds the quantity ofActual DERCs Required and/orActual Allowances Required in that month. Compliance wilh Paragraph 8.8 ofthis Trading Agreement and Order shall bc determined as follows:The Connecticut Resources Recovery Authority 5 Trading Agreement & OrderNo. 8302

a. Before the first day ofeach month, Respondent shall estimate DERCs and/or Allowances required for such calendarmonth for the emission unit described in Table 1 as follows:

Estimated DERCs/Allowances Required = {(Estimated fuel use in MMBtu) x ((FLER Ib/mmbtu)

- (0.95 x AEL))).;.2000 Ibs/ton

Where:

• AEL = Allowable Emission limit, as defined in ParagraphAA ofthis Trading Agreement and Order

• Discount (0.95) = 5% design margin applied to the AEL.

b. No laterthan the twentieth day ofeach month, Respondent shall calculate actual DERCs and/or Allowances used in the preceding calendar month for the emission unit described in Table I as follows:
Actual DERCs/Allowances Required = {(Monthly fuel use MMBtu) x ((FLER Ib/mmbtu)

- (0.95 x AEL))) .;. 2000 Ibs/ton

9. Non-Ozone Season DERC/Allowance Use. In addition to the requirements ofParagraph B.8 ofthis Trading Agreement and Order, on the first day ofeach Non-Ozone Season, the Respondent shall possess a quantity ofDERCs and/orAllowances that equals orexceeds the quantity ofNon- Ozone Season Actual DERCs/Allowances Required for that Non-Ozone Season. Compliance with Paragraph B.9 ofthis Trading Agreement and Order shall be determined as follows:

a. Before the first day ofeach Non-Ozone Season, Respondents shall estimate DERCs and/or Allowances required for that Non-Ozone Season for the emission unit described in Table 1 based on the average actual NOx emission rate from the emission unit and an emission limit of0.15 Ib/mmbtu as follows:

Estimated Non-Ozone Season DERCs/Allowances Required = {(Estimated Non-Ozone Season fuel use in MMBtu) x ((FLER Ib/mmbtu)

- (0.95 x 0.15Ib/mmbtu))) .;. 2000 Ibs/ton-I( Estimated DERCS and/or Allowances Required for all months ofthe Non-Ozone Season calculated pursuant to Paragraph B.8)

b. No later than thirty (30) days afterthe end ofeach Non-Ozone Season, the Respondents shall calculate Actual Non-Ozone Season DERCs and/or Allowances used during that Non-Ozone Season for each emission unit as lollows:The Connecticut Resources Recovery Authority 6 Trading Agreement & OrderNo. 8302 Actual Non-Ozone Season DERCs/Allowances Required = {(Actual Non-Ozone Season fuel use in MMBtu) x «FLER Ib/mmbtu)

- (0.95 x 0.151b/mmbtu))) + 2000 lbs/ton- L(DERCS and/orAllowances Required for all months ofthe Non-Ozone Season calculated pursuant to Paragraph E.8)

10. On orbefore January 31, ofeach calendaryear, the Respondent shall deduct a quantity of DERCS from the current balance ofDERCs possessed by the Respondent and/or transfer a quantity ofAllowances from the Respondenfs NOx General and/orCompliance Accounts to the CT State NOx Retirement Account (Account 10 CT0000000300 in the CAIR NATS) such

that the total is equal to the sum ofActual DERCs/Allowances Required pursuant to Paragraph B.8 ofthis Trading Agreementand Order for the preceding calendaryear, rounded up to the nearest whole ton.

II. Not more than ninety (90) days after the completion ofthe Non-Ozone Season, the Respondent shall deduct a quantity ofDERCS from the current balance ofDERCs possessed by the Respondent and/or transfer a quantity ofAllowances from the Respondenfs NOx General and/or Compliance Account to the CT State NOx Retirement Account (Accouni 10 CT0000000300 in the CAIR NATS) such that the total is equal to Actual Non-Ozone Season DERCs/Allowances Required for the most recently completed Non-Ozone Season. Notwithstanding the control period limitations ofParagraph B.2 ofthis Trading Agreement and Order, Allowances used to comply with this Paragraph for a Non-Ozone Season must have been originally allocated for the control periods that correspond to the same calendar years within that Non-Ozone Season.

12. Doubling: Ifthe Actual DERCs/Allowances Required for any month, determined in accordance with Paragraph B.8, exceeds the quantity ofDERCs and/or Allowances in the Respondenfs possession on the first day ofthat month, then in addition to the deduction or transfer specified in Paragraph B.I0, the Respondent shall also deduct a quantity ofDERCs from the current balance ofDERCs possessed by the Respondent and/or transfer a quantity of Allowances from the Respondent's NOx General and/orCompliance Account to the CT State NOx Retirement Account (Account 10 CT0000000300 in the CAIRNATS) such that the total is equal to Actual DERCs/Allowances Required for that month. Such additional DERC deduction orAllowance transfer shall be performed at the same time as thc DERC deduction
or Allowance transfer specified in Paragraph B.1O ofthis Trading Agrecment and Order.

Ifthe Actual DERCs/Allowances Requircd for any Non-Ozonc Scason, dctcrmined in accordance with Paragraph B.9, exceeds the quantity ofDERCs and/or Allowances in thc Respondenfs possession on the first day ofthe Non-Ozonc Scason, then in addition to the deduction or transfer specified in Paragraphs B.II, the Respondent shall also deduct a quantity ofDERCs from the currcnt balancc ofDERCs possessed by the Respondcnt and/or transfer a quantity ofAllowances from the Rcspondcnt's NOx General and/or Compliance Account to the CT State NOx Retirement Account (Account 10 CT0000000300 in the CAIR NATS) such that thc total is cqual to Actual Non-Ozone Season DERCs/Allowances Rcquired for the most rcccntly complcted Non-Ozone Season. Such additional DERC deduction or Allowance transfer shall be perfoffilcd at the samc time as thc DERC dcduction or Allowance transfer specified in Paragraph B.Il ofthis Trading Agreement and Order.The Connecticut Resources Recovery Authority 7 Trading Agreement & OrderNo. 8302 Notwithstanding the provisions ofParagraph B.12 ofthis Trading Agreement and Order, any violation ofParagraphs 8.8 and 8.9 ofthis Trading Agreement and Ordermay be subject to additional enforcement action as maybe deemed appropriate by the Commissioner in accordance with the Department's enforcementresponse policy.

13. No laterthan December 31" ofeachyear, Respondent shall deduct an additional quantity of
ozone season DERCs from the currentbalance ofDERCs possessed by the Respondent and/or transfer an additional quantity ofAllowances from the Respondent's NOx General and/or Compliance Account to the CT StateNOx Retirement Account (Account ID CT0000000300 in the CAIR NATS) such that the total ofDERCS/Allowances deducted and/or transferred in accordance with this Paragraph is equal to:

6 x L{(Actual Daily Fuel Use in MMBtu) x «FLER)

- (0.95 x AEL))) +2000 lbs/ton

Where actual daily fuel use pertains to operation ofTable I emissions units on days that the Connecticut eight hour ozone levels were forecasted to be "moderate to unhealthy for scnsitive groups", "unhealthy for sensitive groups", "unhealthy",
or "very unhealthy" during the previous Ozone Season.

14. At the end ofeach calendaryear, the Respondent shall demonstrate that any Allowances used for compliance with this Trading Agreement and Orderduring the year are surplus, quantifiable, enforceable and permanent. This shall be determined by demonstrating that the actual NOx emissions during the ozone season, as reported to the United States Environmental Protection Agency, from the emission unit to which the Allowances were originally allocated
were equal to or less than the amount ofAllowances allocated to such unit by the State of Connecticut minus the Allowances used for compliance with this Trading Agreement and Order.

IS. Maintenance and Tune-up. Not more than I year from the date ofissuance ofthis Trading Agreement and Order, the Respondent shall perform maintenance and inspection ofthe emission unit listed in Table I. Such maintenance and inspection shall include, but not be limited to, the following:

a. Inspect the combustion system, and clean orreplace any components ofthe combustion system as necessary, in accordance with**manufacturer~s** specification
or current good engineering practice;
b. Inspcct the system controlling the air-to-fucl ratio, and ensure that it is calibrated and functioning in accordance with the manufacturer's specifications or current good engineering practice;

c. Measure the operating parameters ofthe emission unit used to determine that the emission unit is operating in accordance with manufacturer's specification or current good engineering practice prior to and after any adjustments are made during maintenance, tune-up, or inspection activity;
d. Make and keep records including, but not limited to, the following:The Connecticut Resources RecoveryAuthority 8 Trading Agreement & OrderNo. 8302

16. Record Keeping; I. Demonstration that any maintenance, tune-up, and/or inspection activityperformed on the emission unit described in Table 1 in accordance with Paragraph B.15 ofthis Trading Agreement and Order has been performed in accordance with the manufacturer's specifications orcurrent good engineering practice,

11. The date and adescription ofany maintenance, tune-up, and/or inspection activityperformed on the emission unit described in Table 1 in accordance with Paragraph B.15 ofthis Trading Agreement and Order,

Ill. The name, title and affiliation ofthe person conducting any maintenance, tune-up, and/or inspection activityperformed on the emission unit described inTable I in accordance with Paragraph B.15 ofthis Trading Agreement and Order,

IV. The operating parameters ofthe emission unit used to determine that the emission unit is operating in accordance with manufacturer's specification orcurrent good engineering practice priorto and after any adjustments are made during maintenance, tune-up, or inspection activity performed in accordance with Paragraph B.15 ofthis Trading Agreement and Order.

a. By the close ofeach calendarday, the Respondent shall record the actual fuel typc and the actual quantity ofeach type offucl in units ofvolume per day or MMbtu perday for each fuel used on the preceding day in an cmission unit described in this Trading Agreement and Order;
b. On ofbefore the first day ofeach calendar month, the Respondent shall record the number ofDERCs and corresponding serial numbers and vintages for all DERCs in its possession on the first calendar day ofthat calendar month,

c. On orbefore the first day ofeach calendar month, thc Respondent shall record the numberofAllowances and corresponding idcntification numbers and allocation control periods for all Allowances in its possession on the first calendar day ofthat calendar month,
d. On orbefore the first day ofeach calendar month, the Respondent shall record the number ofDERCs and corresponding scrial numbers, vintagcs, purchase/sales dates, and scllcrlbuyer for all DERCs purchased or sold during the preceding calendar month,

c. On orbefore the first day ofeach calendar month, the Respondent shall record the number ofAllowances and corresponding identification numbers, purchase/sales dates, allocation years, and scller/buyer for all Allowances purchased or sold during the preceding calcndarmonth,f. On orbeforc thc first day ofeach calendarmonth, the Respondent shall record the Estimated DERCs/Allowances Required for that calendar month determined in accordance with Paragraph B.8 ofthis Trading Agreement and Order.

g. On orbefore the twentieth calendarday ofeach calendarmonth, the Respondent shall record the Actual DERCs/Allowances Required for the preceding calendarmonth determined in accordance with Paragraph B.8 of this Trading Agreement and Order;

k. Foreach month ofthe Ozone season, the Respondent shall maintain rccords attesting to thc fact that any DERCs deducted from its balance in accordance with Paragraphs B.1 0 and B.12 ofthis Trading Agreement and Order satisfy the requirements ofParagraph B.2. Generator certification of this fact shall be suftleient. Trading Agreement & OrderNo. 8302 9

h. On orbefore January 31 ofeach calendaryear, the Respondent shall record the quantity ofDERCs deducted in accordance withParagraphs B.1 0 and B.12 ofthis Trading Agreement and Orderfor the preceding year. Such records shall include the serial numberand vintage ofeach DERC deducted from the Respondents currentbalance pursuant to Paragraphs B.l0 and B.12 ofthis Trading Agreement and Order.

I. On orbcfore January 31 ofeach calendar year, the Respondent shall record the quantity ofAllowances transferred in accordance with Paragraphs B.I0 and B.12 ofthis Trading Agreement and Order. Such records shall Include the identification numberand allocation control period ofeach Allowance transferred pursuant to Paragraphs B.I0 and B.12 ofthis Trading Agreemcnt and Order.

I. On each day during the ozone season that the Respondent operates in accordance with Paragraph B.7 ofthis Trading Agreement and Order, thc Respondent shall make and keep Records ofall emission unit operation in accordancc with Paragraph B.7 ofthis Trading Agrecment and Order, including copies ofany written correspondence from the Respondent's luel supplicr detailing the duration and circumstances ofthe inadequate fuel oil supply or interruption ofgaseous luel supply to the emission units. J. Not morc than ninety (90) days after the completion ofeach Non-Ozone Season, the Respondent shall record the Non-Ozone Season average NOx emission rate for the emission unit described in Table I, the quantity of DERCs and/or allowances possessed on the first day ofthe Non-Ozone Season, and thc quantity ofDERCs deducted and/or Allowances transferred in accordancc with Paragraphs B.ll and B.12 ofthis Trading Agrcemcnt and Ordcr. The COlUlecticut Resources Recovery Authority20. FLER Modification. FLERs set forth in Table I ofthis Trading Agreement and Order may be modified only after the consent ofthe Commissionerby written modification ofthis Trading Agreement and Order.

a. A detailed description ofall subject emissions units, currently installed emissions controls equipment and methods, all currently installed emissions monitoring systems; 21. Emissions Testing. The Respondent shall perform emissions tcsting in accordance with Section 22a-174-22(k) ofthe Regulations for each emission unit described in Table I ofthis Trading Agreement and Order that is not equipped with a continuous emissions monitoring system that was approved by the Commissionerand that complics with Section 22a-174-4 of the Regulations and either40 CFR 60, Appendix B&F or40 CFR 75. Trading Agreement & OrderNo. 8302 10

17. Respondent shall retain records and supporting documentation required by this Trading Agreement and Order for a minimum offive years, commencing on the date suchrecords were created. Respondent shall provide the records specified above to the Commissioner within thirty (30) days ofreceipt ofa written request from the Commissioner. All records shall be maintained in accordance with Sections 22a-174-4 and 22a-174-22 ofthe Regulations.

19. FLER Violation. Violation ofan established FLER shall subject Respondent to make restitution by matching the quantity ofemissions ("true up") caused by the exeeedance plus a 100% premium. The true up in tons ofDERCs or Allowances shall be equal to the FLER exceedance in Ibs/MMBtu, multiplied by the total heat input during the period of noncompliance divided by 2000 Ibs/ton. Ifthe period ofnoncompliance is not known, the time period from the completion ofthe last/previous Department witnessed emission test through the date that FLER compliance is achieved as approved by the Commissioner shall be used. Notwithstanding this requirement, exceedance ofany FLER contained in Table I is
a violation in Paragraph 8.5 ofthis Trading Agreement and Order subject to enforcement action in accordance with the Department ofEnvironmental Protection's Enforcement Response Policy, in effect at the time ofsuch violation. 18. Reporting: No laterthan March I ofevery year after issuance ofthis Trading Agreement and Order, the Respondent shall submit to the Commissionera written report containing copies of all ofthe records required pursuant to Paragraphs B.16.a

- B.16.i, and B.16.k- B.16.m ofthis Trading Agreement and Order. Not laterthan July 30 ofeach calendaryear, the Respondent shall submit a written report containing copies ofall records required pursuant to Paragraph B.16.j ofthis Trading Agreement and Order. The Commissioner may prescribe the forms to be used for the submission ofthese reports. The Respondent shall submit these reports on such forms, ifprescribed by the Commissioner.

22. Control Technology Evaluation: Not more than 9 months from thc date ofissuance ofthis Trading Agreement and Order, the Respondent shall submit acontrol technology evaluation for the emissions units described in Table I to rcduce emissions ofNOx to, at a bare minimum, a rate orconcentration that complies with the applicable limits ofSection 22a-174- 22 ofthe Regulations as maybe amended, without using, tendering, orotherwise acquiring Allowances or DERCs. Such evaluation shall include but not be limited to the following: The Connecticut Resources RecoveryAuthorityThe Connecticut Resources RecoveryAuthority 11 Trading Agreement & OrderNo. 8302

b. A detailed description ofany and all additional oralternative emissions control equipment and methods or, combinations thereof, that are capable of reducing NOx emissions from subject emissions units to, at a bare minimum,
arate orconcentration that complies with the applicable limits ofSection 22a174-22 ofthe Regulations as maybe amended, withoutusing, tendering, or otherwise acquiring Allowances or DERCs;

c. An evaluation ofcapital costs, annual operating costs, and total annualized $/ton costs associated with the installation and operation ofany and all additional oralternative emissions control equipment and methods, or combinations thereof, that are capable ofreducing NOx emission from the subject units to, at a bare minimum, a rate orconcentration that complies with the applicable limits ofSection 22a-174-22 ofthe Regulations as maybe amended, without using, tendering, or otherwise acquiring Allowances or DERCs;

d. An estimated schedule for the design, procurement, installation and operation ofany additional oralternative emissions control equipment and methods, or combinations thereof, that are capable ofreducing NOx emission from the subject units to, at a bare minimum, a rate orconcentration that complies with the applicable limits ofSection 22a-174-22 ofthe Regulations as maybe amended, without using, tendering, or otherwise acquiring Allowances or DERCs;

e. A detailed description ofany adjustments and/ormodifications that must be made to the emissions monitoring systems for the subject emission units in orderto demonstrate compliance with, at least, Section 22a-174-22 ofthe Regulations as may be amended, without using, tendering, or otherwise acquiring Allowances or DERCs; and

f. A detailed description ofany collateral environmental impacts that will result
as a direct consequence ofthe Respondent's use ofadditionallalternative emissions control equipment and methods to reduce NOx emissions to, at a bare minimum, a ratc or concentration that complies with the applicable limits ofSection 22a-174-22 ofthe Regulations as maybe amended, without using, tendering, or otherwise acquiring Allowances or DERCs.
23. Full compliance. Respondent shall not be considered in full compliance with this Trading Agreement and Order until all actions rcquired by this Trading Agreement and Orderhave been completed as approved and to the Commissioner's satisfaction.

24. Approvals. Respondent shall use best efforts to submit to the Commissionerall documents required by this Trading Agreement and Order in acomplete and approvable form. Ifthe Commissioner notifies Respondent that any document orotheraction is deficient, and does not approve it with conditions or modifications, it is deemed disapprovcd, and Respondent 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 or other action under this Trading AgreementThe Connecticut Resources 12 Trading Agreement & RecoveryAuthority OrderNo. 8302 and Order, the Commissionermay approve the document orother action as submitted or performed orwith such conditions ormodifications as the Commissionerdeems necessary to carry out thepurposes ofthis Trading Agreement and Order. Nothing in this paragraph shall
excuse noncompliance or delay.

25. Definitions. As used in this Trading Agreement and Order "Commissioner" means the Commissioner or a representative ofthe Commissioner; The date of"issuance" ofthis Trading Agreement and Orderis the date the Trading Agreement and Orderis deposited in the U.S. mail orpersonally delivered, whichever is earlier.

26. Dates. The date ofsubmission to the Commissionerofany document required 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 delivcred, whichever is earlier. Except as otherwise spccified in this Trading Agreement and Order, the word "day" as used in this Trading Agreement and Order mcans calcndarday. Any document oraction which is required by this Trading Agreemcnt and Order to be submitted orperformed by a date which falls on a Saturday, Sundayor aConnecticut or federal holiday shall be submitted orperformed bythe next day which is not a Saturday, Sunday or Connecticut or federal holiday.

27. Certification 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 signcd bythe Respondent or, ifRespondent is not an individual, by an individual, employed by the Respondent, who satisfies the criteria set forth in Section 22a-174-2a(a)(I) ofthe Regulations ofConnecticut State Agencies and by the individual(s) responsible for actuallypreparing such document. Each individual who signs documcnts in accordance with this Paragraph shall certify in writing as follows:

"I have personally examined and am familiar with the information submitted in this document and all attachments thereto, and Icertify, based on reasonable investigation, including my inquiry ofthose individuals responsible for obtaining the infonnation, that the submitted information is true, accurate and complete to the best ofmy knowledge and belief. 1understand that any false statementmade in the submitted information may be punishable as acriminal offense under Section 53a-157b ofthe Connecticut General Statutes and any other applicable law." 28. Noncompliance. This Trading Agreement and Order is a final orderofthe Commissioner with rcspect to the matters addressed herein, and is nonappealable and immediatcly enforccablc. Failure to comply with this Trading Agreement and Order may subject Respondent to an injunction and penalties.

29. False statements. Any false statement in any information submitted pursuant to this Trading Agrecment and Order may be punishable as a criminal offense under Section 53a-157b ofthe Connccticut General Statutes and any othcrapplicable law.36. No Creation ofProperty Rights. This Consent Order does not create any property rights with respect to these DERCs or Allowances. 32. Respondent's obligations under law. Nothing in this Trading Agreement and Ordershall relieve Respondent ofother obligations underapplicable federal, state and local law.

35. No effect on rights ofotherpersons. This Trading Agreement and Order neither creates nor affects any rights ofpersons ormunicipalities that are not parties to this Trading Agreement and Order. Trading Agreement & OrderNo. 8302 13

34. Access to premises. Any representative ofthe Department ofEnvironmental Protection may enter the without prior notice for the purposes ofmonitoring and enforcing the actions required or allowed by this Trading Agreement and Order. 33. No assurance by Commissioner. No provision ofthis Trading Agreement and Orderand no action or inaction by the Commissioner shall be construed to constitute an assurance bythe Commissionerthat the actions taken by Respondent pursuant to this Trading Agreement and Orderwill result in compliance orprevent orabate pollution. 31. Commissioner's powers. Nothing in this Trading Agreement and Order shall affect the Commissioner's authority to institute any proceeding ortake any otheraction to prevent or abate violations oflaw, prevent orabate pollution, recovercosts and natural resource damages, and to impose penalties for past, present, or future violations oflaw. Ifat anytime the Commissioner determines that the actions taken byRespondentpursuant to this Trading Agreement and Orderhave not successfully corrected all violations, fully characterized the extent ordegree ofany pollution, or successfully abated orprevented pollution, the Commissionermay institute any proceeding to require Respondent to undertake further investigation or further action to prevent orabate violations orpollution. 30. Notice oftransfer; liability ofRespondent. Until Respondent has fully complied with this Trading Agreement and Order, Respondent shall notify the Commissionerin writing no later than 15 days after transferring all or any portion ofthe facility, the operations, the site orthe business which is the subject ofthis Trading Agreement and Order orafterobtaining anew mailing or location address. Respondent's obligations underthis Trading Agreement and Order shall not be affected by the passage oftitle to any property to any otherperson or municipality.

37. Notice to Commissioner ofchanges. Within 15 days ofthe date Respondent becomes aware ofachange in any information submitted to the Commissionerunder this Trading Agreement and Order, or that any such infoffilation was inaccurate ormisleading orthat any relevant information was omitted, Respondent shall submit the correct oromitted information to the Commissioner. The ConnecticutResources Recovery Authority39. Submission ofdocuments. Any document required to be submitted to the Commissioner under this Trading Agreement and Ordershall, unless otherwise specified in this Trading Agreement and Order orin writing by the Commissioner, be directed to: Supervisor Administrative Enforcement Group Engineering and Enforcement Division Bureau ofAir Management Department ofEnvironmental Protection 79 Elm Street, 5'h Floor Hartford, Connecticut 06I06 (860) 424-3702 38. Notification ofnoncompliance. In the event that Respondent becomes aware that it did not or may not comply, or didnot or may not comply on time, with anyrequirement ofthis Trading' Agreement and Orderorofany document required hereunder, Respondent shall immediately notifYby telephone the individual identified in the next paragraph and shall take all reasonable steps to ensure that any noncompliance or delay is avoided or, ifunavoidable, is minimized to the greatest extentpossible. Within ten (10) days ofthe initial notice, Respondent 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 of the Commissioner, dates by which compliance will be achieved, and Respondent shall comply with any dates which may be approved in writing by the Commissioner. Notification by Respondent shall not excuse noncompliance or delay, and the Commissioner's approval of any compliance dates proposed shall not excuse noncompliance ordelay unless specifically
so stated by the Commissionerin writing. Trading Agreement & OrderNo. 8302 14 The ConnecticutResources Recovery AuthorityThe Connecticut Resources Recovery Authority 15 Trading Agreement & OrderNo. 8302

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# 4. Director of Environmental Affairs and Development

Date:

__

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# ;t~()~i-:::O'---- 

# r I Type Title:

The Connecticut Resources Recovery Authority
Signature 

# tit

# AJfr

Type Name: 

### Peter W Egan Respondent 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 Respondent to the terms and conditions ofthe Trading Agreement and Order.

Issued as a finai consent order ofthe Commissioner ofthe Department ofEnvironmental Protection.

S. R , Director En neering & Enforcement Division Bureau ofAir Management

CITY OF HARTFORD LAND RECORDS MAILED CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Certified Document