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STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

STATE OF CONNECTICUT

YS.

BOROUGH OF NAUGATUCK

CONSENT ORDER NO. 1626

MODIFICATION NO. I

CONSENT ORDER MODIFICATION

In the maner of a Consent Order between the Commissioner ofEnvironmental Protection

("Commiss;o!")~r") anti Borough ofNaugatuck ("Respondent").

WHEREAS, the Commissioner and Respondent, baving agreed to the terms and conditions

set forth in Consent Order No. 1626 issued on February 14, 2001, do now, by mutual agreement,

modify said Consent Order as follows:

1. Delete paragraph B.2. and substitute the following therefor:

2. On and after the date ofissuance ofthis consent order, and prior to May

1, 2003 or until Respondent achieves compliance with the emission

standards in Section 22a·174-22(e) of the Regulations, whichever occurs

earlier, Respondent shall docmnent and record the amounts of all sewage

sludge and number 2 oil (collectively referred to as "fuel") and ERCs

used by the incinerators each month, and provide such records in

accordance with the following and Section 22a-174-22 ofthe

Regulations:

a. Before the first day of each month, calculate

projected ERCs required for the next calendar

month for the incinerators as follows:

West Incinerator

ERCs (tons) = [Estimated Fuel Use in MMBtu x (0.52

IbsIMMBtu - (0.95 x 0.33 IbsIM.1\.lBtu))] + 2000 pounds;

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Borough ofNaugaruck 2 Consent Order No. 1626

Modification No. I

East Incinerator

ERCs (tons) - [Estimated Fuel Use in MMBru x (0.48

IbsIMMBru - (0.95 x 0.33 IbslMMBru»)] + 2000 pounds;

b. Oocurnent that sufficient approved ERCs are available for

the incinerators no later than the first of each calendar month

to assure compliance for, at a minimum, that calendar month.

ERCs required shall be adjusted upwards by 100% if

approved ERCs are not in Respondent's possession prior to

use. However, based on the gravity ofthe

noncompliance, the Commissioner may require

additional upward adjusnnent;

c. No later than the tenth day of each month, calculate ERCs used in

the preceding calendar month for the incinerators as follows:

West Incinerator

ERCs (tons) - [Acrual Fuel Use in MMBru x (.52

IhsIMMBtu - (.95 x .33 IbsIMMBru») + 2000 pounds;

East Incinerator

ERCs (tons) [Acrual Fuel Use in MMBru x (.48

IbsIMMBru - (.95 x .33 IbsIMMBru))J + 2000 pounds;

d. Document and record monthly consumption offuel and ERCs;

e. No later than March J of each year this Consent Order is in effect,

include with its annual emissions report to the Commissioner, the

monthly rate of fu~ CO:'"lS...u:J.ptiOr:. for the incinerators and ERCs

used by the incinerators for the previous calendar year;

i. Retain records and supporting documentation as described in this

section for a minimum of five years, commencing on the date such

Respondent's Initials:

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,

Date: _'L-'~'--'_/<./_~_~ _
Borough ofNaugaruck 3

records were created;

Consent Order No. 1626

Modification No.1

g. Maintain documentation to attest to the fact that ERCs used during

the ozone season were generated during the ozone season. The

ozone season is from May I through September 30 in any

calendar year. Generator certification of this fact shall be

sufficient; ,

h. Provide the records specified above to the Commissioner within thirty

(30) days of receipt of a written request from the Commissioner;

1. Pursuant to Section 22a-174-22(d)(3) of the Regulations, Respondent

may use NOx allowances, until May I, 2003, pursuant to Subsection

(j) of Section 22a-174-22 of the Regulations to achieve all or a portion

ofthe reductions required by Section 22a-174-22 ofthe Regulations.

Any allowance used for compliance with Section 22a-174-22(e) ofthe

Regulations shall be subject to all restrictions and/or requirements

applicable to DERCs contained in this Trading Agreement and Order;

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

create a general account in EPA's NOx Allowance Tracking System

(''NATS''); and

k. Each allowance used for compliance with Section 22a-174-22 of the

Regulations shall be equivalent to one discrete emission reduction

credit. Allowances shall be considered used for compliance with

Section 2ia~174-22 of the Regulations when they are transferred from

the facility's NOx general account in the NATS to the CT State NOx

Retirement Account (Account ill CT0000000300 in the NATS).

All other terms and conditions ofConsent Order no. 1626 issued by the Comcissloner acting

under Chapter 446c, Sections 22a-6, 22a-171, 22a-174, 22a-176, and 22a-l77 ofthe Connecticut

General Starutes shall remain in effect.

Respondent's Initials: Date:
Borough ofNaugatuck 4 Consent Order No. 1626

Modification No.1

Type Name:

Respondent hereby consents 10 the entry of this modification to the Consent Order without

further notice.

Borough of Naugatuck

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Type Title: __:...1"'.::,":.::-,j:",o~I?,>~ _

Date: ~V~:~:;~'k~"~P;-~- ~t;~ Entered as a modification o~Order oftb'.5'.S;.e.....'9l'SF

numbered 1626 this !It day "'==,"l~'--

BOROUGH OF NAUGATUCK

LAND RECORDS

MAILED CERTIFIED MAIL,

RETIJRN RECEIPT REQUESTED

Certified Document No.

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