### .,~, t

......

# -- STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the matterof
The State ofConnecticut and Montville Power LLC ) ) ) ) ) Trading Agreement and Order No. 8217A

Whereas, the Commissioner ofEnvironmental Protection ("Commissioner") and Montville Power LLC ("MPLLC") agree that it is in the public interest that they work cooperatively [0 

### improve the airquality within the State ofConnecticut and that the use ofdiscrete emission reduction credit ("DERC") 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 8217 issued on March 22, 2002.
2. MPll..C 

### is an exempt wholesale electric generating company with its principal place ofbusiness in Sewickley, Pennsylvania. On December 15,1999 rvIPLLC purchased from The Connecticut Light 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 6, a 410 megawatt tangentiallyfired boiler, Connecticut Registration Number 107-0020 ("boiler"), which is subject to Subsection 22a-174-22 ofthe Regulations ofConnecticut State Agencies ("Regulations"). The boiler has the dual capacity to operate on No.6 fuel oil and/or No.2 fuel oil. No.2 fuel oil is used primarily as an ignition fuel as part ofthe stan-up procedure. A continuous emissions monitor ("CEM") certified to 40 Code ofFederal Regulations ("CFR") Part 75, measures NOx 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 rvIPLLC has represented that it monitors and controls the combustion process ofthe boiler so that emissions frequently can be kept below the NOx emission limitations established by Section 22a-174- 22(e) ofthe Regulations. (Prinlcd 011 Rccyclcd PIpc: ) 79 Elm Strccl • Hltl(orc!. CT 06106· j127 hlfp:lldcp.Sllfe.CI.U S All EqutJl Opporrulliry £mp/oyaMontville PowerLLC Trading Agreement and Order No. 8217A 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, MPLLC intends both to acquire and generate approved Budgetdiscrete emission reduction credits ("BDERCs") until'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 tenns ofthis Trading Agreement and Order, will confonn to the requirements ofSection 22a-174-22Q)(3) ofthe Regulations. Specifically, the reductions will be: Real because they will result in areduction ofactuaJ 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 a.T) appropriate reliable and replicable protOcol, providing the rate and total mass amount ofreduction. Surplus because they are notrequired by any Connecticut statute or regulation mandated by a current State Implementation Plan ("SIP"), and are not currently**rel.~ed** upon in any applicable attainment plan, any reasonable further progress plan ormilestone 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**retrospec~vely** after the submission byMPLLC ofareport that documents theircreation. 8. The emissjons trading baselines ("baseline emission rate") and the allowable emission limits for the boilerin pounds permillion British thennal units ("lbsIMMBru") ofheatinput when operating on fuel oil are provided on the following table 1:

2Montville PowerLLC Trading Agreement and Order No. 8217A
Table 1 

# I NOx Allow::r.ble Limits and Baseline Emission Rate in Ibs/MJvIBtu Emission Fuel Heat Input Emissions AllowableIBaseline emission Unit MMBtulhr T

.., rate Ibs!1vIMBtu Boiler 6 No.6 4.658 CEM 0.25 Registration N ? ' CEM 0.17 o. "" ' No. 107-0020 

### .,
9. Starting on October I, 2003, and during the period from October 1 through April 30, inclusive, each year until September 30, 2004, MPll.C may only obtain approval ofactual reductions in NOx emissions, generated by operating the boiler at arate that is below 0.15 IbsJM:MBtu during the non-ozone season on No. fuel 6 oil andlor No.2 fuel oil.

.. 

# <.:I 10. The Commissioner, in accordance with the provisions ofTrading Agreement and Order 8217 and Addendum I, pu"uant 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 Department) to these previously approved reductions ofNOx emissions are provided in 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 DO longer be eligible for use as a result of the vintage restrictions are provided in Table 2 ofthis Trading Agreement and Orderin the expiration date column.



### dNa DERC Table 

### 2 prevlOuslv approve x 

### s Year of Non-ozone season NOx Tons Expiration Generation DERC serial numbers Date 1999 CT99/8217(DC)Noxnoz2-12 11 12131/04 2000 crOO/82l7(DC)NOxnoz1-62 62 12131/05 2001 crOI/8217(DC)NOxnozl-21 21 12131/06

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; 2. Ozone season BDERCs may be generated and used in accordance with this Trading Agreement and Order; and 3

### Montville PowerLLC Trading Agreement and 

### OrderNo. 8117A



### t

....) 3. Upon sufficient documentation as prescribedin this Trading Agreement and Order, generate additional BDERCs and DERCs. Upon issuance ofan addendum to this Trading Agreement and Orderthe Commissionermay approve the generation of 

### additional BDERCs and DERCs by MPLLC retrospectively. Approved BDERCs .nd DERCs generated byINlPLLC may 

### be held by 1v1PLLC ortransferred to 

### otherpersons in accordance with thiS'Trading Agreement and Order. 

### C. With the agreement of:MPLLC, the Commissioner, acting under Sections 22a-6, 22a· 

### 171, 11.-174, 11a-

### J76, and 11a-

### J77 ofthe Connecticut General Statutes, hereby orders 1v1PLLC as follows; 1. Upon issuance ofthis Trading Agreement and Order, i\1PLLC may generate approved BDERCs and DERCs as allowed under this Trading Agreement and Order until September 30, 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 petnlanentcompliance with the emission standard in Section 22a-174-22(e) ofthe regulation orby September 30, 2004, whichever occurs earlier:

a. MPlLC shall use approved DERCs and BDERCs as required under this Trading Agreement and Order; and b. IvIPLLC 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. DERC**~eneration.**


### a. Until September 30,2004, when the boilerhas daily NOx emissions below the applicable baseline emission rate(s), orthe proportioned baseline emission rate, or when the boilerhas seasonal NOx emissions below 0.15 IbsfMJv1Bru during the non-ozone season starting on OctOber j, 

### 2003, MPlLC shall calculate the amount ofDERCs generated as follows: 

### DERCs (tons) 

### = {[Total heatinput' ofall fuels in MMBtu x «proportioned baseline emission rate2)

- 

### (the CEM-recorded NOx emission 

### rate'))].;- 2000 Ibslton) x (0.90).'

l Heal. input shall be calculated using the lower ofCEM-recorded data or actual fuel usage data in :rvt:MBtu per unit offuel combusied.
4Montville PowerLLC Trading Agreement and Order No. 8217A This r3te sh311 be c3lculated by I) multiplying the he3t input ofe:lch fuel combusted by the baseline emission r3te(s) for such fuel; 2) summing those productS; and 3) dividing the sum by the total heat input. Ifthe boiler is oper3ting exclusively on one fuel. MPLLC may replace the propon.ioned baseline emission rate with the applicable baseline emission rate, for thtlt fuel. Starting on October 1. 2003, the btlseline emission rate during the non·ozone season shall be 0.15 IbsIMMBlu. 

## ,

. 

# , 3During the"ozone season until September 3D, 2004, and during the non-ozone season until October 1. 2003, this rate shall be calculated pursuant to the methodology described in 40 Code ofFederal Regulations Pan 75 and weighted pursuant to the Depanmem's policy statement entitled "Guidance for Calculation ofEmission Reduction Credits and Determination ofCompliance wiEh NOx 

### RAcr for Sources Subject to 40 CFR 75 (Acid Rain Sources)" dated December 18, 1998 which is attached to and incorporated by reference into this Trading Agreement and Order as pan ofAttachment 1.

4 An additional ten (l0) percent ofall DERCs (tons) generated by the boiler shall also be retired by the facility and pennanently removed from all calculations on a daily basis to assure a benefit to the environment. Starting on October 1,2003, during the non-ozone season, the 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. 

### b. Durin£" the ozone season until September 30.2004 and during the non-ozone season until OCIOber 1. 2003: Forpurposes ofcalculating the number of BDERCs and DERCs generated from the boiler at the faCility, NfPLLC shall use the baseline emission rates for the boiler, or the proponioned baseline emission rate set fonh in footnote 2 ofparagraph C.3.a. of this Trading Agreement and Order, when simultaneously operating on more than one fuel. MPLLC shall use the above referenced baseline emission rate(s) when calculating the proponioned baseline emission rate.

c. Starting on October 1. 2003 and until September 30.2004 during the nonozone season: Forpurposes ofgenerating DERCs from the boiler at the facility, MPLLC shall use 0.15 Ibsl1v1JvfBtu ofheat input when operating on No.6 fuel oil and/orNo.2 fuel oil as the non-ozone season baseline emission rate for the boiler. Ten (10) percent ofail DERCs (tons) generated by the boiler shall be retired by 'he facility and pennanently removed from all calculations on a non-ozone season basis to assure abenefit to the environment.



# ,.J d. Non-ozone Season Restrictions. 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 September 30,2004, whichever occurs first.

5

### Montville PowerLLC Trading Agreement and 

### Order No. 8217A

c. During: the ozone season until September 30.2004 and during the non-ozone 

### season until October I. 2003: In 

### requesting approval ofDERCs generated by the boiler, MPLLC shall provide documentation containing a sample 

### spreadsheet with calculation fannulas used to dctcnnine reponed numbers: monthly operating

### repons ofactual fuel usage including the fuel BTU coment, 

### numberofga1l6ns. and cubic feet used for each fuel type; daily NTh1Btu 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 rare(s), orthe proportioned baseline 

### emission rate set for the in footnote 2ofparagraph C3.a. ofthis Trading Agreement and Order, net ofthe ten (10) percent environmental discount.



# "'" "j f. 

### During: the non-Olone season staninsz on October 1. 

### 2003 and until Seotember 30,2004: In requesting approval ofDERCs generatedby the boiler, :tv1PLLC shall provide documentation containing asample spreadsheet with calculation fonnulas used to detennine reponed numbers; non-Olone season operating repom ofactual fuel usage including the fuel BTUcontent, numberofgallons, and cubic feet used for each fuel type; non-ozone season :MM:Btu for each fuel type and actual heat input based upon CEM-recorded data; non-ozone season actual NOx emission rates (seven month average); andDERCs generated using the 0.15 IbsIM'M:Bru baseline emission rate(s), net ofthe applicable environmental discount. 4. When the daily or**non-olo~e** 

### season CEM:·recordedNOx emission rate is used to calculate DERCs generated by the boiler, MPLLC shall notinclude missing data calculatedin accordance with any missing data substitution procedures, including those allowed under Section 22a·174-22b ofthe Regulations and40 CPR Pan 75. 5. Upon sufficient documentation, as detennined by the Commissioner, thatMPllC**h~** 

### ,rpet the re9uirements ofthis Tradin

# rAgreement and Order, the Commissioner may provide wrinen approval ofDERCs generated by MPLLC retrospectively. Requests for approval ofall subsequent DERCs created shall be submitted in 

### writing to 

### the Commissioner. Such requests shall 

### be compiledon amonthly basis and shall be submitted at least on an annual basis. ApprovedDERCs generated by MPLLC underthis 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, MPLLC should have in its possession sufficient approved DERCs for the boiler based on the following: 6Montville PowerLLC Trading Agreement llnd Order No. 8217A

a. At all times: Before the first day ofeach month, calculate projected worst case DERCs required for.tH/at calendar month as follows: -.> Estimated DERCs (tons) 

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

- «0.95) x (NOx allowable emission limit orproponioned emission rate calculated pursuant to Section 22a-174-22(O(2)(A) ofthe Regulations in IbslMMBtu»)J x (Estimated fuel use in MMBtu)} t 2000 pounds/tons. No later than the twentieth day ofeach month, MPLLC shall calculate and permanently retire DERCs used in the preceding calendarmonth, as follows: 

### (i) For the boileron each day, determine whetherthe 24-hour average NOx emission rate* is less than the baseline emission rate or greaterthan the NOx allowable emission limit.



### .:. i 

## , . ,<-" 

### b. (ij) When the boilerhas 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 orproponioned emission rate calculated pursuant to Section 22a-174-22(t)(2)(A) ofthe Regulations in IbslMMBtu»J x (actual fuel use in MMBtu)} 2000 pounds/tons. *This rate shall be calculated pursuant to the methodology described in 40 CFR Part 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

. Durin2 the non-Olone season staning on October 1. 2003:

7MOn!ville Power LLC Trading Agreement and Order No. 8117A In addition to meeting the 24-hour emission limit in Table 22-1 ofSection 222-174-22 ofthe Regulations. meet a non-Olone season emission 

### limit of 0.15 IbsIMMBtu. Prior to OClOber 

### J, 1003 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~s'** 

### follows:
Estimated DERCs (tons)::; [Estimated fuel use in:N!MBtu from OctOber I through April 30 x (lowerofthe estimated seasonal average NOx emission rate or the proportioned 24-hour allowable emission limit in Ibsl1vf.MBtu during October 1 through April 30)

- (0.95 x 0.15 IbslMMBtu)J 71000 pounds/ton. No later than May 31, 2004, in addition to the DERCs retired in paragraph C.6.a., calculate and pennanently retire DERCs used in the preceding non-Olone season as follows: Actual DERCs (tons);:::; [Actual fuel use in:Mlv1Btu from October 1 through April 30 x (lower ofthe actual seasonal average NOx emission rate or the proponioned 24-hour allowable emission limit in IbslMMBtu during October 1 through Apri130)

- (0.95 x O.15IbslMMBlU)] 71000 pounds/ton.
C. When the daily or**non~ozone** season CEM-recorded Ox 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 BudgetProgram 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 usedduring the following ozone season. BDERCs are subject to all DERC requirements set fonh in this Trading Agreement and Order except for those requirements pertaining solely to non-ozone season DERCs and as otherwise may 

### be provided. 8. :tv1PLLC shall make and keep records for the boiler of: daily fuel use and fuel type; excess NOx emissions; daily NOx mass emissions, the actual NOx emission rates (24- hour average) and starting on October I, 2003 non-ozone season NOx emission rates, number ofoperating hours perday, the numberofinvalid data hours ofthe total operating hours per day; the number ofDERCs in its possession, created, purchased and 8MOnlville PowerLLC Trading Agreement and OrderNo. 8217A 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 [Q the fact that approved DERCs used during the ozone season were generated during the ozone season. Generator certification ofthis fact shall be sufficient. MfLLC shall maintain and submit such records in accordance with Section 22a-174-22:Ofthe Regulations. 9. Record Keeping. MPLLC shall retain records and supporting documentation as described in this Trading Agreement and Orderfor a minimum offive years, commencing on the date such records were created. MPLLC shall provide the records specified above to the Commissioner within thirty (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, MPLLC shall include with the Annual Emission Statement provided to the Commissioner, arecord ofeach sale or othertransfer, and use ofany and all ofthe DERCs approved within and subsequent [0 issuance ofthis Trading 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 otherfacilities), generated and/or approved forthe previous calendaryear. These reports shall be on a fonn prescribed by the Commissioner and shall 

### be in monthly increments. Should MPLLC choose to discontinue the generation ofDERCs, MPLLC will notify the Commissionerupon discontinuance. MPLLC shall retain records and supporting documentation as described in this Trading Agreement and Orderfor a minimum offive years, commencing on the date such records were created. WLLC shall provide the records specified above [Q the Commissioner within thirty (30) days ofreceipt ofa written request from the Commissioner. II. Allowance Use. Pursuant to Section 22a-174-22(d)(3) ofthe Regularions. 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 Agreemem 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 MPLLC's NOx Budget Program 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. 8117A overdraft account to a State ofConnecticut NOx allowance retirement account, account II) crOOOOOO0300 in the NOx Allowance Trncking System. 11. DERC Doubling. At aminimum, DERCs required shall be adjuSted upwards by 100% ifDERCs are not in !v1PLLC's possession for use prior to the first day ofeach month or applicable season. l:!0wever, based on the gravity ofthe noncompliance, the Commissionermayrequire additional upward adjustment. 13. Vinta2e Restriction. For the purposes ofcompliance with Section 22a-174-22 ofthe Regulations, DERCs/allowances shall only remain valid for five (5) calendaryears from the year ofthe generation/allocation ofsuch DERCs/allowances. DERCs/alJowances 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 DERCsiallowances generated/allocated priorto calendaryear 2000 shall be valid for use until December 31, 2004. 14. Extension. No laterthan September 30,2004, with respect to the boiler, :MPLLC shall comply with the requirements ofSubdivision**22a-17~-22(d)(I)** ofthe Regulations. However, afterfull programreview ofthis and otherTrading Agreements and Orders and, ifdetermined to be appropriate, the Commissionermay grant a written extension of this Trading Agreement and Order. 15. Future Compliance Repon. On orbefore March 31, 2004, MPLLC shall submit a repan indicating how the facility shall comply with Section 22a-174-22 ofthe Regulations with respect to;the boileron and after September30, 2004. 16. Full compliance. "MPLLC shall not be considered in full compliance with this Trading Agreement and Order until 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 Commissioner all documents required by this Trading Agreement and Orderin acomplete and approvable fonn. 

### If the Commissionernotifies 1vfPLLC that any document or other action is deficient, and does not approve it with conditions ormodifications, it is deemed disapproved, and MPllC shall correct the deficiencies and resubmit it within the time specified by the Commissioneror, 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 Agreement and Order, the Commissionermay approve the document or other action as submitted orperfonned or with such conditions ormodifications as the Commissionerdeems necessary to carry out the purposes ofthis Trading Agreement and Order. Nothing in this paragraph shall excuse noncompliance or delay.

10Montville PowerliC Trading Agreement and 

### OrderNo. 8217A

l

.-.J 18. Definitions. As used in this Trading Agreement and Order, "Approved DERCs" are those for which ihe Commissionerhas provided written authorization for use in compliance with Section 22a-174-22 ofthe Regulations; "Commissioner" means the Commissioneror a representative ofthe Commissioner; "Ozone season" means the period from May 1 through September 30 in any given calendaryear. The date of "issuance" ofthis Trpding Agreement and Orderis the date the Trading Agreement and Orderis deposited in ihe 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 ordisapproval ofany document or other action, shall be the date such notice is deposited in the U.S. mail oris 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 Orderto 

### be submitted orperformed by a date which falls on a Saturday, Sunday or a Connecticut orfederal holiday shall be submitted orperformed by the next day which is not a Saturday, Sunday or Connecticut orfederal holiday. 20. Certification ofdocuments. Any document, including butnot limited to any notice, which is required to be submittedto the Commissionerunder this Trading Agreement and Order shall be signed by MPLLC or, ifMPLLC is not an individual, by an individual who is an authorized representative ofMPLLC, 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 certify in writing as follows: "I have personally examined and am familiar with the information submitted in this document and all attachments thereto; and 1certify, 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 submittedinformation 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 Commissioner with respect to the matters addressed herein, and is nonappealable and immediately enforceable. Failure to comply with this Trading Agreement and Order may subject MPLLC to an injunction and penalties

.
11

### Montville PowerLLC Tradin!! A2Teemem and Order

## No. 8217A**.~** 

### \J 

# .. 12. False statements. Any false statement in any infonnarion submitted pursuant to this Trading Agreement and Order is punishable as a criminal offense under Section 53a157b ofthe Connecticut General Statutes and any mherapplicable.law. 23. No'ice of'ransfer: liability ofMPLLC. Until MPLLC has fully complied with this 

### Trading**Agreement~d** 

### Order. MPLLC shall notify the Commissioner in writing no 

## , later than 15 days after transferring all or any ponioo ofthe facility, the operations, the 

### site or the business which is the subject ofthis Trading Agreement and Orderor after obtaining a new mailing or location address. MPLLC's obligations under this Trading Agreement and Order shall not be affected by the passage oftitle to any property to any otherperson or municipality. 24. Commissioner's powers. Nothing in this Trading Agreement and Ordershall affect the Commissioner's authority to institute any proceeding ortake any other action to prevent or abate violations oflaw, prevent or abate pollution, recovercosts and natural resource damages, and to impose penalties for pas,t, present, orfuture violations oflaw. Ifat any time the Commissionerdetermines that the actions taken by 1v1PLLC pursuant to this Trading Agreement and Orderhave 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 WLLC to undertake further investigation orfurther action to prevent or abate violations or pollution. 25. 1v1PLLC's oblie:ations under law. Nothing in this Trading Agreement and Order shall relieve MPLLC ofother**o~igations** under applicable federal, state and local law. 26. No assurance by Conunissioner. No provision ofthis Trading Agreement and Order and no action orinaction by the Commissionershall 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. 27. Access to facility. Any representative ofthe DepartmentofEnvironmental 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 rie:hts ofotherpersons. This Trading Agreement and Orderneither creates nor affects any rights ofpersons ormunicipalities that are not parties to this Trading Agreement and Order. 29. NQ Creation ofProperty Rie:hts. This Trading Agreement and Orderdoes not create any property rights with respect to these DERCs.

12

### Montville PowerLLC Trading Agreement and OrderNo. 8217A



### .. 30. Notice to Commissionerofchan2es. Within 15 days ofthe date MPLLC becomes aware ofa change in any infonnation submitted to 

### the Commissioner under this Trading Agreement and Order, or that any such infonnation was inaccurate or misleading orthat any relevant infonnation was omined, MPLLC shall submit the correct oromined infonnation to the Commissioner.

" 

### 3!. Notification ofnonc'ompliance. 

### In the event that MPLLC becomes aware that it did not ormay nOt comply, ordid nol ormay not comply on time, with any requirement ofthis Trading Agreement and Orderor ofany documentrequired hereunder, MPLLC shall immediately notify by telephone the individual identifiedin the next paragraph and shall take all reasonable steps to 

### ensure that any noncompliance ordelay is avoided or, ifunavoidable, is minimized to 

### the greatestextent possible. Within five (5) days ofthe initial notice, MPLLC 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 MPLLC shall comply with any dates which may be 

### approved in writing by the Commissioner. Notification by MPll.C 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. 

### 32. Submission ofdocuments. Any documentrequired to be 

### submined to the Commissionerunderthis Trading Agreement and Order shall, unless otherwise specified in this Trading Agreement and Orderorin writing by the Corrunissioner, be 

### directed [0:**~. !'.Uchael~eur**  

### Department ofEnvironmental Protection Bureau ofAirManagement Emissions and Credit Trading Section 79 Elm Street Hartford, Connecticut 06106-5127

13

### Montville PowerLLC TradingAgreement and 

### Order '0. 8217A

# O~;(@c/ "l Anhur

### 1. Rocque, Jr. 

### / Commissioner



### ..

# / ":') 

## J rvrPLLC consents to the issuance ofthis Trading Agreement and Orderwithout further notice. The undersismed certifies that he/she is fully authorized to enterinto this Tradin2 A!ITeement and Order



# - - - and to legally bind rvrPLLC to 

### the tenns and conditions ofthe Trading Agreement and Order. Montville PowerliC I

" 

### Signature

# Irc:r

Name

# Cv~~a L.&rliC TItle-&81/)(\I1.1 

### t=h\{ \

## fDr\r(le.nfoj

# ~b< Date,

### Lh~ 

# B-6:::>

Issued as afinal orderofthe CommissionerofEnvironmental PrOtection

on

# --"'4r'h'J.

# ",,"u..-=·.l...f~3=O,,-' _, 2003

TOWN OFMONTVILLE LAND RECORDS 

### MAILED CERIIFIED MAlL, RETURN RECEIPT REQUES1ED 

### CenifiedDocumentNo.



# " ,

### ..-'