### ~~~ 

# STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the matter of
The State ofConnectiCUl and Montville PowerLLC ) ) ) ) ) Trading Agreement and OrderNo, 8216A

\ -J 

### '..,-. Whereas. the CommissionerofEnvironmental Protection ("Commissioner") and Montville PowerLLC ("MPLLC") 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 (''DERe'') trading to reduce nitrogen oxide ("NOx") emissions will achieve this result in atimely and cost-effective manner. A. At the request and with the agreement ofMPLLC, the Commissioner finds the following:
1. This Trading Agreement and Order supercedes Trading Agreement and Order 8216 issued on March 22, 2002. 2. Jv:IYLLC is an exempt wholesale electric generating company with its principal place ofbusiness in Sewickley, Pennsylvania. On December 15. 1999 :MPLLC purchased from The ConnecticutLight and Power Company and now owns one fossil fuel-fired electric generating station, Montville Station, at 74 Lathrop Road, Montville, Connecticut ("facility"). 3. At the facility, NRG Montville Operations Inc. operates fuel burning equipment, consisting ofMontville Station Unit 5, a 82 megawatt tangentiallyfired boiler, Connecticut Registration Number 107-0017 ("boiler"), which is subject to Subsection 22a-174-22 ofthe Regulations ofConnecticut State Agencies ("Regulations"). The boilerhas the dual capacity to operate on No.6 fuel oil and/or natural gas. A continuous emissions monitor ("CEM") cenified to 40 Code ofFederal Regulations ("eFR") Pan 75, measures Ox emissions from the boiler. 4. The boiler sometimes exceeds the NOx allowable emission rate limit specified in Section 22a-174-22(e) ofthe Regulations. 5. To reduce excess NOx emissions i\1PLLC has represented that it monitors and controls the combustion process ofthe boiler, and burns natural gas, so that emissions frequently can be kept below the NOx emission limitations established by Section 22a-174-22(e) ofthe Regulations.

(Prinled 011 Reeyelec! Paper) 79 fIe Slreet • Hanford, CT 06106·5127 tmp:lldep.Stllc.el.lIS

...." !q"a.1 OPPOrlllflilY !mploytrMontville PowerLLC Trading Agreement and OrderNo. 8216A 6. Pursuant to Section 22a-174-22(j) ofthe Regulations, during the non-ozone season, MPLLC intends both to acquire and generate approved DERCs until September 30, 2004 for the boiler at the facility. Pursuant to Section 22a-174- 22(j) ofthe Regulations, during the ozone season, ?v1PLLC imends both to acquire and generate approved Budget discrete emission reduction credits ("BDERCs")**un~I'September** 30,2004 for the boiler at the facility.
7. When properly documented by MPLLC, 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 ofactual 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 a current State Implementation Plan ("SIP"), and are not currently reljed upon in any applicable attainment plan, any reasonable funherprogress plan or milestone demonstration.
Permanent because the advanced control system is in place and operating, and an appropriate tracking system is in place to monitor all data required to verify and quantify the creation ofDERCs. Enforceable because the DERCs are approved by the Commissioner retrospectively afterthe submission by ?v1PLLC ofa report that documents their creation. 8. The emissions trading baselines ("baseline emission rate") and the allowable emission limits for the boilerin pounds per million British thennal units ("lbslMMBtu") ofheat input when operating on No.6 fuel oil and natural gas are provided on the following table l:

2



## - 

# .Montville PowerLLC Trading Agreement and OrderNo. 8216A
Table 1 NOx Allowable Limits and Baseline Emission Rate in Ibs/MMBtu Emission Fuel Heat Input Emissions AllowablefBaseline emission Unit MMBtuJbr Test rate IbsIMMBtu Boiler5 No.6 995 CEM 0.25 Registration 

# , CEM 0.20**Narur~l** gas No. 107-0017
9. Starting on October 1,2003, and during the period from October 1 through April 

### 30, inclusive, each yearuntil September

### 30, 2004, MPllC may only obtain approval ofactual reductions in j Ox emissions,**g~nerated** by operating the boiler at arale thal is below 

### 0.15 IbslMNfBtu during the non-ozone season on No.6 oil and/or natural gas. lOThe Commissioner, in accordance with the provisions ofTrading Agreement and Order 8216 and Addendum I, pursuant to Section 22a-174-22(d)(3) ofthe 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 Deparonent) to these previously approyed reductions ofNOx emissions are providedin Table 2ofthis Trading Agreement and Order. DERCs 

### are subject [Q the vintage restrictions in this Trading Agreement and Order. Dates that after which the unused DERCs will no longer be eligible for use 

### as a result of the vintage restrictions 

### are provided in Table 2 ofthis Trading Agreement and Order in the expiration date column. Table 2 dNO DERC 

### previously approve 

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

### CT99/8216(DC)NOxnozl 1 12131104 2000 

### CTOO/8216(DC)NOxnozl-35 35 

### 12131105 2001 

## era1/8216(DC)NOxnozI-24 24 

### 12131106

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 MPllC to: 

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



## • j 2. Ozone season BDERCs may be generated and used in accordance with this Trading Agreement and Order; and 3Momville Power LLC Trading Agreement and OrderNo. 8216A

3. Upon sufficient documentation as prescribed in this Trading Agreement and Order, generate additional BDERCs and DERCs. Upon issuance ofan addendum to this Trading Agreemem and Order the Commissioner may approve the generation of additional BDERCs and DERCs by MPLLC retrospectively. Approved BDERCs and DERCs generated by :MJ'LLC may be held by .MPLLC ortransferred to otherpersons in accordance with thisTrading Agreement and Order. 

### C. With the agreement of:MPLLC, the Commissioner, acting under Sections 22a-6, 22a171, 22a-174, 22a-176, and 22a-177 ofthe Connecticut General Statutes, hereby ordOf' MPLLC as follows: 1. Upon issuance ofthis Trading Agreement and Order, MPLLC may generate approved BDERCs and DERCs as allowed under this Trading Agreement and Order until September30, 2004. 2. Upon issuance ofthis Trading Agreement and Order, at the facility, :MPLLC shall comply with Section 22a-174-22 ofthe Regulations through emission reduction trading. Until MPLLC achieves pennanentcompliance with the emission standard in Section 22a-174-22(e) ofthe regulation orby September30, 2004, whicheveroccurs earlier:

a. !vfPLLC shall use approved DERCs and BDERCs as required underthis Trading Agreement and Order; and b. :MPLLC shall have in its possession sufficient approved BDERCs and DERCs to meet applicable NOx emission limits as allowed under this Trading Agreement and Order. 3. PERC 2eneration.

a. Until September30, 2004, when the boilerhas daily NOx emissions below the applicable baseline emission rare(s), orthe proportioned baseline emission rate, orwhen the boilerhas seasonal NOx emissions below 0.15 lbsl1v11v1'Btu during the non-ozone season staning on October 1, 2003, WLLC shall calculate the amount ofDERCs generated as follows: DERCs (tons) {[Total heat input' ofall fuels in MMBtu x «proportioned baseline emission rate2) - (the CEM-recordedNOx emission rate'))].,. 2000 Ibs/ton) x (0.90).'

I Heat input shall be calculated using the lower ofCEM·recorded data or actual fuel usage data in MMBtu per unit offuel combusted.

4Montville PowerUC Trading Agreement and Order. o.8216A

2This nne shall be calculated by 1) multiplying the heat input ofeach fuel combusted by the baseline emission rate(s) for such fuel; 2) summing those products; and 3) dividine: the sum py the total heat input. Ifthe boiler is operating exclusively on one fuel.l'v1PLLC**~ay** replace the proponioned baseline emission rate with the applicllble baseline emission rate, for that fueL Starting on October 1, 2003, the baseline emission rate during the non-ozone season shall be 0.15 IbslMMBtu. 

## , ) During the"ozone season until September 30, 2004, and during the non-ozone season until October 1, 2003, this rate shall be calculated pW"Suantto the methodology described in 40 Code ofFederal ReguJations Part75 and weighted pursuantto the Depanment's policy statement entitled '"Guidance for Calculation ofEmission Reduction Credits and Determination ofCompliance with NOx RACT for Sources Subject to 40 CFR 75 (Acid Rain SoW"Ces)"' dated December 18. 1998 which is attached to and incorporated by reference into this Trading Agreement and Order as part ofAttachment 1.
An additional ten (10) percent ofall DERes (tons) generated by the boiler shall also be retired by the facility and permanently removed from all calculations on a daily basis to assure a benefit to the environment. Starting on October I, 2003. during the non-ozone season, the ten percent discount shall be retired by the facility and permanently removed from all calculations on aseasonal basis to assure a benefit to the**~nvironmenl.** 

### b. Durin2. the ozone season until September30. 2004 and durin2. the non-ozone season until October L 2003: Forpurposes ofcalculating the numberof BDERCs and DERCs generated from the boiler at the facility, 

### MPLLC shall use the baseline emission rates for the boiler. orthe proportioned baseline emission rate set forth in foomote 2 ofparagraph C.3.a. of this Trading Agreement and Order, when simultaneously operating on more than one fuel. 

### MPLLC shall use [he above referenced baseline emissionrate(s) when calculating the proponioned baseline emission rate.

c. Starting on October 1. 2003 and until September30. 2004 during the nonozone season: Forpurposes ofgenerating DERCs from the boiler at the facility, :MPLLC shall use 

### 0.15 lbsJM:NIBtu ofheatinput when operating on No.6 fuel oil andlor natural gas as the non-ozone season baseline emission rate for the boiler. Ten (10) percentofall DERCs (tons) generated by the boiler shall be retired by the facility and permanently removed from all calculations on anon-ozone season basis to assure a.benefit to the environment.



## : J V d. Non-ozone Season Resoictions. Non-ozone season NOx DERCs generated by:MPLLC shall be created and approved in accordance with this Trading Agreement and Order, and shall remain valid until they are used oruntil their vintage expiration date, or until September30, 2004, whichever occurs first.

5

/Montville Power LLC Trading Agreement and Order No. 8216A

e. Durintt the ozone season until September30.2004 and durin2 the non-ozone season until October 1. 2003: 

### In requesting approval ofDERCs generated by the boiler, MPLLC shall provide documentation containing a sample spreadsheet with calculation fonnulas used to detennine reported numbers; monthly operating reports ofactual fuel usage including the fuel BTU content, numberofgallons, and cubic feet used for each fuel type; daily M:MBru for each fuel type ancf'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. f. DurioS! the non-ozone season starting on October 1. 2003 and unti! September 

### 30.2004: In requesting approval ofDERCs generated by the boiler, :MPlLC shall provide documentation containing a sample spreadsheet with calculation fonnulas used to detennine reponed numbers; non-ozone season operating repom ofactual fuel usage including the fuel BTU content, number ofgallons, and cubic feet used for each fuel type; non-ozone season:MJvffitu for each fuel type and actual heatinput based upon CEM-recorded data; non-ozone season acrual NOx emission rates (seven month average); and DERCs generated using the 0.15 IbsJM:MBtu baseline emission rate(s). net ofthe applicable environmental discount. 4. When the daily ornon-ozone season CEM-recorded NOx emission rate is used to calculate DERCs generateciby the boiler, MPLLC shall not include missing data calculated in 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 determinedby the Commissioner, that MPLLC has met the requirements ofthis Trading Agreement and Order, the Commissioner may provide wrinen approval ofDERCs generatedby :MPLLC retrospectively. Requests for approval ofall subsequentDERCs created shall be submitted in writing to the Commissioner. Such requests shall be compiled on amonthly basis and shall be submitted at least on an annual basis. Approved DERCs generated by MPILC underthis Trading Agreement and Ordermay be held or transferred to otherpersons. 6. DERC use. Until September30,2004, before the first day ofeach month, and staning on October 1, 2003 also before the first day ofeach non-ozone season, MPLLC should have in its possession sufficient approved DERCs for the boiler based on the following: 6

### Montvjlle PowerLLC Trading Agreement and Order No. 8216A



### a. At all times: Before the first day ofeach month, calculateprojected worstcaseDERCs required for that calendarmonth as follows: 

# , EstimatedDERCs (tons):;: {[estimated worst case NOx emission rate in IbsIMMBru

- «0.95) x (NOx allowable emission limit 

### orproportionedemission rate calculated pursuant to Section na-174-n(f){2)(A) ofthe Regulations in IbslMMBtu)] x (Estimated fuel use in MMBtu)} t 2000 pounds/tons. 

### No laterthan the twentieth day ofeach month, MPLLC shall calculate and permanentlyretireDERCs usedin the precedingcalendarmonth, as follows:


### ."'l. 

### J (i) 

### Forthe boileron each day, determine whetherthe 24-hour averageNOx emission rate'" is less than the baselineemission rate orgreaterthan the NOx allowable emission limit.



### b. (ii) 

### 'When the boilerhas adailyNOx emission rate (24-houraverage) exceedingthe NOx allowable emission limit, calculate the amountofDERCs used, as follows: Actual DERCs (tons) 

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

- «0.95) x (NOx allowable emission limit 

### orproportioned emission rate calculated pursuant to Section 22a-174-n(f)(2)(A) ofthe Regulations in IbsIMMBru))) x (acrual fuel use in MMBru) .,. 2000 

### pounds/tons. "'This rate shall be calculated pursuantto 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 TradingAgreement and Order. During the non-ozone season startin2: on October 1, 

### 2003:

7Montville PowerLLC Trading Agreement and Order No. 8216A In addition to meeting the 24-houremission limit in Table 22·1 ofSection 22a-174·22 ofthe Regulations, meet a non-ozone season emission limit of 0.15IbslMMBtu. Prior to October I, 2003 MPLLC shall eStimate and acquire the amount ofDERCs or allowances required for such non-Olone season needed to comply with Section 22a-174-22(e)(3) ofthe Regulations as'follows: 

# , EstimatedDERCs (tons) 

### = (Estimated fuel use in rvnvIBtu from October 1 through April 30 x (lowerofthe estimated seasonal average NOx emission rate orthe proponioned 24·hour allowable emission limit in IbslMMBtu during October 1 through April 30)

- (0.95 x 0.15 IbslMMBtu)J .;. 2000 pounds/ton. No later than 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 1 through April 30 x (lowerofthe actual seasonal average NOx emission rate orthe proportioned 24-hour allowable emission limit in IbsfM}..{Btu during October 1 through April 30)

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

c. When the daily ornon-{)zone season CEM-recorded NOx emission rate is used to calculate DERCs used by the boiler, MPLLC shall include missing data calculated in accordance with missing data substitution procedures under40 CFR Pan 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 notbe used forcompliance 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. MPLLC shall make and keep records for the boilerof: 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 1, 2003 non·ozone season NOx emission rates, number ofoperating hours perday, the number ofinvalid data hours ofthe total operating hours perday; the number ofDERCs in its possession, created, purchased and 8



## ,Montville PowerLLC Trading Agreement and Order No. 8216A used (by serial number ifassigned) each month in accordance with the appropriate emission rates and limits in this Trading Agreement and Order; the number ofDERCs used during the ozone season and non-ozone season (the remainder ofthe year); as well as documentation attesting to the fact that approved DERCs used dUring the ozone season were generated during the ozone season. Generatorcertification of[his fact shall be sufficient. :MPLLC shall maintain and submit such records in accordance with Section 22a-174-22ofthe Regulations. 9. Record Keeping:. MPI.LC 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. MPLLC shall provide the records specified above to the Commissionerwithin thirty (30) days ofreceipt ofa wrinen requestfrom the Commissioner. 10. Annual Emission Statement. No laterthan March 1 ofevery year after issuance ofthis Trading Agreement and Order, MPLLC shall include with the Annual Emission Statement provided to the Commissioner, arecord ofeach sale orother transfer, and use ofany and all ofthe DERCs approved within and subsequent to issuance ofthis Trailing Agreement and Orderuntil all such DERCs have been used or are no longerin MPLLC's possession. MPLLC shall also include actual NOx emissions from the boiler and the amount ofall DERCs used (including serial numbers (ifassigned) and approved DERCs generated and/or purchased from other facilities), generated andlor approved forthe previous calendar year. These reports shall be on afonn prescribed by the Commissionerand shall be in monthly increments. Should MPLLC choose to discontinue the generation ofDERCs, MPLLC will notify the Commissioner upon discontinuance. MPLLC 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. :tv1PlLC shall provide the records specified above to the Commissionerwithin thirty (30) days ofreceipt ofa written request from the Commissioner. 11. Allowance Use. Pursuant to Section 22a-174-22(d)(3) ofthe Regulations, :MPLLC may use NOx allowances, pursuant to Section 22a-174-22(j) ofthe Regulations to achieve all or aportion ofthe reductions required by Section 22a-174-22 ofthe Regulations. Any allowance used for compliance with Section 22a-174-22(e) ofthe Regulations shall be SUbject to all restrictions and/orrequirements applicable to DERCs contained in this Trading Agreement and Order. Each allowance used forcompliance with Section 22a174-22 ofthe Regulations shall be equivalent to one discrete emission reduction credit and shall 

### be deducted from :tv1PllC's NOx BudgetProgram compliance account upon such use. Allowances shall be considered used for compliance with Section 22a-174-22 ofthe Regulations when they are transferred from the facility's compliance account or

9Montville PowerLLC Trading Agreement and 

### OrderNo. 8216A

j

.J overdraft account to a Stale ofConnecticut NOx allowance retirement account, account ill 

### CT0000000300 in the NOx Allowance Tracking System. 12. DERC DoubJin2. At a minimum, DERCs required shall be adjusted upwards by 100% ifDERCs are not in MPLLC's possession for use prior to the first day ofeach month or applicable season. However, based on the gravity ofthe noncompliance, the Commissionermay r'equire additional upward adjustment. 13. Vinta2e Restriction. Forthe purposes ofcompliance with Section 22a-174·22 ofthe Regulations, DERCslallowances shall only remain validfor five (5) calendaryears from 

### the yearofthe generation/allocation ofsuch DERCsJallowances. DERCsJallowances 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 DERCslallowances generated/allocated prior to calendar year 2000 shall be valid for 

### use until December31, 2004. 14. Extension. No laterthan September30,2004, with respect to the boiler, MPLLC shall 

### comply with the requirements ofSubdivision 22a-174-22(d)(I) ofthe Regulations. However, afterfuJI program review ofthis and otherTrading Agreements and Orders and, ifdetennined to be appropriate, the Commissionermay grant a wrinen extension of this Trading Agreement and Order. 

### 15. Furore Compliance Renon. On orbefore March 31, 2004, MPLLC shall submit a repon indicating how the facility shall comply with Section 22a-174-22 ofthe Regulations with respect to.the boileron and after September30, 2004. 

### 16. Full comnliance. MPLLC shall not 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. MPLLC shall use best effons to submit to the Commissionerall documents required by this Trading Agreement and Orderin a complete and approvable form. 

### If the Commissionernotifies MPLLC that any document orother action is deficient, and does not approve it with conditions ormodifications, it is deemed disapproved. and ?v1PLLC shall correct the deficiencies and resubmit it within the time specifiedby the Commissioneror, ifno time is specified by the Commissioner, within 30 days ofthe Commissioner's notice ofdeficiencies. In approving any document orother action underthis Trading Agreement and Order, the Commissioner may approve the document orolher action as submitted or performed orwith such conditions or modifications as the Commissioner deems necessary to carry out the purposes ofthis Trading Agreement and Order. Nothmg in this paragraph shall excuse noncompliance ordelay

.
10Montville PowerLLC Trading Agreement and Order No, 8216A 18. Definitions. As used in this Trading Agreement and Order, "Approved DERCs" are those for which the Commissionerhas provided written authorization for use in compliance with Section**22a-174~22** ofthe Regulations; "Commissioner" means the Commissioner or arepresentative ofthe Commissioner; "Ozone season" means the period from May 1 through September 30 in any given calendar year. The date of "issuance" ofthis Trading Agreement and Orderis the date the Trading Agreement and Orderis deposited i;}the U.S. mail orpersonally delivered, whichever is earlier.
19. Dates. The date ofsubmission to the Commissioner ofany 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 Commissionerunder Trading Agreement and Order, including but not limited to notice ofapproval or disapproval ofany document or other action, shall 

### be the date such notice is deposited in the U.S. mail oris personally delivered, whichever is earlier. Except as otherwise specified in 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 Orderto be submitted orperfonned by a date which falls on a Saturday, Sunday or a Connecticut orfederal holiday shall be submitted. orperformed by the next 

# '0 day which is not a Saturday, Sunday or Connecticut orfederal holiday. 20. 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 signed by :MPLLC or, if1v1PLLC is not an individual, by an individual who is an authorized representative of:MPLLC, in accordance with Section 22a-174-2a(a) ofthe Regulations ofConnecticut State Agencies, and by the individual(s) responsible fcir actually preparing such document, and each such individual 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 I certify, based on reasonable investigation, including my inquiry ofthose individuals responsible for obtaining the information, that the submitted information is true, accurate and complete to the best ofmy knowledge and belief. I understand that any false statement made in the submitted information is punishable as a criminal offense under Section 53a-157b ofthe Connecticut General Statutes and any other applicable law,"
21. Noncompliance. This Trading Agreement and Orderis a final order ofthe Corrunissioner with respect to the matters addressed herein, and is nonappealable and immediately enforceable. Failure to comply with this Trading Agreement and Order may subject :MPLLC [Q an injunction and penalties.

11Montville Power

## LLe Trading Agreement and Order No. 8216A



### 4\\ ·cJ 

## .' 12. False statements. Any false statement in any infonnation submitted pursuant to this Trading Agreement and Orderis punishable as acriminal offense under Section 53a157b of the Connecticut General Statutes and any other applicable law.
23. Notice oftransfer: liability ofMPLLC. Untill'vfPLLC has 

### fully complied with this Tradin!! Agreement and Order, MPLLC shall notify the Commissionerin wOlina no

.... " 0:> later than 15 days aner transferring 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. MPLLC's obligations underthis Trading Agreement and Ordershall not 

### be affected by the passage oftitle to any property to any otherperson or municipaliry. 

### 24. Commissioner's powers. Nothing in this Trading Agreement and Order shall affect the Commissioner's authoriry to institute any proceeding or take any other action to prevent or abate violations oflaw, prevent or abate pollution, recovercosts and namral resource damages, and to impose penalties for past, present, orfuture violations oflaw. 

### If at any time the Corrunissioner detennines that the actions raken by MPllC pursuant to this Trading Agreement and Orderhave not successfully corrected all violations, fully characterized the extent or degree ofany pollution, orsuccessfully abated orprevented pollution, the Commissionermay institute any proceeding to require MPLLC to undertake further investigation or funher action to prevent or abate violations or pollution.
MPLLC's oblie:ations under law. Nothing in this Trading Agreement and Order shall relieve MPLLC ofother**o~~gations** under applicable federal, state and local law

. 26.

27.

28. No assurance bv Commissioner. No provision ofthis Trading Agreement and Order and no action or inaction by the Corrunissioner shall be construed to constitute an assurance by the Commissionerthat the actions taken by MPLLC pursuant to this Trading Agreement and Order

### will result in compliance orprevent or abate pollution.
Access to facilitv. Any representative oftheDepanment ofEnvironmental Protection may enterthe facility without prior notice for the purposes ofmonitoring and enforcing the actions required or allowed by this Trading Agreement and Order.
No effect on ri2-hts ofotherpersons. This Trad.ing Agreement and Order neithercreates nor affects any rights ofpersons or municipalities that are not panies to this Trading Agreement and Order. 

# u 29. No Creation ofProperty Rie:hts. This Trading Agreement and Order does not create any property rights with respect to these DERCs.

12MOnlville PowerLLC Trading Agreement and OrderNo. 8216A



### J



## .. ! ) \".:./ 

### 30.

31. 

### Notice 10 

### Commissioner ofchan2es. 

### Within 15 days ofthe date N1PLLC becomes aware ofa change in any information submitted [Q the Commissionerunder this Trading Agreement and Order, or that any such infonnation was inaccurate or misleading or lhat any relevam information was omined, MPLLC shall submit the correct or omitted information to the Commissioner. I 

## ., Notification ofnoncompliance. In the event that :MPilC becomes aware that it did not ormay not comply, ordid not ormay not comply on time, with any requirement ofthis Trading Agreement and Orderorofany document required hereunder, MPLLC shall immediately notify by telephone the individual identified in the next paragraph and shall take all reasonable steps [0 ensure that any noncompliance or delay is avoided or. ifunavoidable, is minimized to the greatest extent possible. Within five (5) days ofthe initial notice, 11PLLC shall submit in writing the date, time, and duration ofthe noncompliance and the reasons for the noncompliance or delay and propose. for the review and written approval ofthe Commissioner, dates by which compliance will be achieved, and :MPLLC shall comply with any dates which may be approved in writing by the Commissioner. Notification by 1t1PLLC shall not excuse noncompliance or delay. and the Commissioner's approval ofany compliance dates proposed shall not excuse noncompliance ordelay unless specifically so stated by the Commissionerin writing. Submission ofdocuments. Any documentrequired to be submined to the Commissionerunder this Trading Agreement and Order shall, unless otherwise specified in this Trading Agreement and Order or in writing by the Commissioner. be directed to:**Mr.~chaeILaFleur** Depanment ofEnvironmental Protection Bureau ofAir Management Emissions and CreditTrading Section 79 Elm Street Hartford, Connecticut 06106-5127

13Montville PowerLLC 

### Tradin2 Ae:reement and Order

## No. 8216A



# .'"" 'J rvIPLLC consents [0 

### 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 [Q 

### legally bind MPLLC [0 

### the terms and conditions ofthe Trading Agreement and Order. Montville PowerLLC 

# , Signature

# I~~tf**J(LJ~/ke** Name

# C~**:~a** 

# L4d;

Title:

# Rrj/lY1uj G\vlrf)nmetlip)**fYb.()~** t;.j' Date: 

# !f-,;;{!3-{)":>

Issued as

# f 3 

### final**~rder** 

### ofthe CommissIOnerofEnvironmental PrOlection

on _, ....

# l 30 ,2003 

# f /) j/ 

# /f-L

-

# ~tSc{{df( pthur

### I. Rocque, 

### Ir. /Commissioner 

# V TOWN OFMONTVILLE LAND RECORDS 

### MAll.ED CERTIFIED MAIL, RETURN RECEIPT REQUESTED 

### Certified DocumentNo.