Financial Assurance Demonstration for FutureGen Alliance 

Permit Number: IL-137-6A-0003 (Well #3) Page H 1of 15

ATTACHMENT H: FINANCIAL ASSURANCE DEMONSTRATION 

Facility Name: FutureGen 2.0 Morgan County CO2 Storage Site 

IL-137-6A-0003 (Well #3) 

Facility Contacts: Kenneth Humphreys, Chief Executive Officer, 

FutureGen Industrial Alliance, Inc., Morgan County Office, 

73 Central Park Plaza East, Jacksonville, IL 62650, 217-243-8215 

Location of Injection Well: Morgan County, IL; 26−16N−9W; 39.80097oN and 90.07544oW 

The FutureGen Alliance is providing financial responsibility pursuant to 40 CFR 146.85. 

FutureGen is using a trust fund to cover the costs of: corrective action, emergency and remedial 

response, injection well plugging, and post-injection site care and site closure. 

The estimated costs of each of these activities, as provided in FutureGen’s permit application, are 

presented in Table 1: 

Table 1. Cost Estimates for Activities to be Covered by Financial Responsibility 

Activity

Estimated Cost 

(Millions, 2012$)

Performing Corrective Action on Deficient Wells in AoR $0.62

Plugging Injection Wells $2.7

Post-Injection Site Care $18.3

Site Closure $3.4

Emergency and Remedial Response $26.7

Note: Values in this table are rounded. For exact costs used to determine the 

value of the Trust Fund, refer to Table 2.

The instrument values included in this document are based on cost estimates provided during the 

permit application and review process. These values are subject to change during the course of 

the project to account for inflation of costs and any changes to the project that affect the cost of 

the covered activities. If the cost estimates change, FutureGen will adjust the value of the 

financial instruments. 

Trust Fund 

The Permittee is providing financial responsibility for the cost of corrective action (as described 

in Attachment B of this permit), injection well plugging (per Attachment D of this permit), and 

post-injection site care and site closure (per Attachment E), and Emergency and Remedial 

Response (per Attachment F) via a trust fund valued at $51.7 million and established through the 
Financial Assurance Demonstration for FutureGen Alliance 

Permit Number: IL-137-6A-0003 (Well #3) Page H 2of 15

attached Trust Agreement. The U.S. Bank National Association is the Trustee of the trust fund. 

The trust fund will be funded in a “phased approach” to account for the fact that certain covered 

activities will not be incurred until injection begins. For example, resources to cover the cost of 

plugging the well need to be in place prior to when drilling commences; however certain 

activities (e.g., corrective action that is performed on a phased basis, post-injection site care and 

monitoring, and site closure) will not need to be covered until closer to when injection begins. 

Table 2 breaks down the activities and estimated costs according to when the payments would be 

required (i.e., at least 7 days after final permit issuance, at the start of the “Pre-Injection” phase, 

and within 1 year of final permit issuance or at least 7 days prior to the start of the “Injection and 

Post-Injection Phase,” whichever comes earlier), within two years of final permit issuance. 

Table 2. Payment Schedule for Trust Fund 

Funding Activities

Costs 

(millions of 

dollars)

Amount to be Added 

Before Start of Phase 

(millions of dollars)

Pre-Injection (within 7 days of 

final permit issuance)

Plugging Injection and Monitoring 

Wells 2.723 2.723

Emergency and Remedial Response 6.1 6.1

Injection and Post-Injection 

(within 1 year of final permit 

issuance, or at least 7 days 

prior to injection, whichever 

comes first)

AoR and Corrective Action 0.623

Post-Injection Site Care (Includes 22.345

Monitoring) 18.32

Closure 3.402

Injection and Post-Injection 

(within 2 years of final permit 

issuance) Emergency and Remedial Response 20.6 20.6
AMENDED AND RESTATED TRUST AGREEEMENT 

Amended and Revised Trust Agreement (Agreement), entered into as of March 2~, 2014, by 

and between the FutureGen Industrial Alliance, Inc. (Alliance), a non-profit 501 ( c )(3) 

corporation organized under the laws of the State of Delaware, the Grantor, and U.S. Bank 

National Association, a national banking association, the Trustee. 

Whereas, the United States Environmental Protection Agency (EPA), an agency ofthe United 

States Government, has established certain regulations applicable to the Grantor requiring that an 

owner or operator of an injection well shall provide assurance that funds will be available when 

needed for corrective actions, injection well plugging, post-injection site care and site closure, or 

emergency and/or remedial response of the FutureGen 2.0 Class VI (carbon dioxide [C02] 

geologic sequestration) injection wells, 

Whereas, the Grantor has elected to establish a trust to provide all or part of such financial 

assurance for the facilities identified herein, 

Whereas, the Grantor, acting through its duly authorized officers, has selected the 

Trustee to be the trustee under this agreement, and the Trustee is willing to act as 

trustee, 

Now, therefore, the Grantor and the Trustee agree as follows: 

Section 1. Definitions as used in this Agreement: 

(A) The term "Grantor" means the owner or operator who enters into this 

Agreement and any successors or assigns of the Grantor. 

(B) The term "Trustee" means the Trustee who enters into this Agreement 

and any successor Trustee. 

(C) "Facility" or "activity" means any underground injection well or any 

other facility or activity that is subject to regulation under the 

Underground Injection Control Program. 

(D) EPA Water Division Director means the EPA Regional Water 

Division Director for Region V or an authorized representative. 

Section 2. Identification of Facilities and Cost Estimates. This Agreement pertains to the 

facilities and cost estimates identified on attached Schedule A. 

Section 3. Establishment ofFund. The Grantor and the Trustee hereby establish a C02 Storage 

Trust Fund (Fund) to satisfy the financial responsibility demonstration under the Class VI 

Underground Injection Control (UIC) regulations (40 CFR §§ 146.81 -146.95) for the 

FutureGen 2.0 Project.. The Grantor and the Trustee acknowledge that the purpose of the Fund is 

to fulfill the Grantor's corrective action, injection well plugging, post-injection site care and site 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 1 
closure, and emergency and/or remedial response obligations described at 40 CPR§§ 146.84 

(Area of review and corrective action), 146.92 (Injection well plugging), 146.93 (Post-injection 

site care and site closure), and 146.94 (Emergency and remedial response), respectively. All 

expenditures from the Fund shall be to fulfill the legal obligations of the Grantor under such 

regulations, and not any obligation of EPA. The Grantor and the Trustee intend that no 

independent third-party have access to the Fund except as herein provided. The Fund is 

established initially as consisting of the property, which is acceptable to the Trustee, described in 

Schedule B attached hereto. Such property and any other property subsequently transferred to the 

Trustee is referred to as the Fund, together with all earnings and profits thereon, less any 

payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be 

held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor 

shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from 

the Grantor, any payments necessary to discharge any responsibilities of the Grantor established 

by EPA regulations. 

Section 4. Payment for Corrective Action, Injection Well Plugging, Post-Injection Site Care and 

Site Closure, and Emergency and/or Remedial Response. The Trustee shall make payments from 

the Fund only as the EPA Water Division Director shall direct, in writing, to provide for the 

payment of the costs of corrective actions, injection well plugging, post-injection site care and 

site closure, and/or emergency and remedial response of the injection wells covered by this 

Agreement. The Trustee shall use the Fund to reimburse the Grantor or other persons selected by 

the Grantor to perform work when the EPA Water Division Director advises in writing that the 

work will be or was necessary for the fulfillment of the Grantor's corrective actions, injection 

well plugging, post-injection site care and site closure, and/or emergency and remedial response 

obligations described at 40 CPR 146.84, 146.92, 146.93, and 146.94, respectively. All 

expenditures from the Fund shall be to fulfill the legal obligations of the Grantor under such 

regulations, and not any obligation of EPA, as the Agency is not a beneficiary of the Trust. The 

EPA Water Division Director may advise the Trustee that amounts in the Fund are no longer 

necessary to fulfill the Grantor's obligations under 40 CPR 146.85 and that the Trustee may 

refund the remaining funds to the Grantor. Upon refund, such funds shall no longer constitute 

part of the Fund as defined herein. 

Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall 

consist of cash or securities acceptable to the Trustee. Schedule C provides the amounts and 

timing of the Alliance payments (i.e., the pay-in periods). 

Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income 

of the Fund and keep the Fund invested as a single fund, without distinction between principal 

and income, in accordance with general investment policies and guidelines which the Grantor 

may communicate in writing to the Trustee from time to time, subject, however, to the provisions 

of this Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the 

Trustee shall discharge its duties with respect to the trust fund solely in the interest of the 

Grantor and with the care, skill, prudence, and diligence under the circumstances then prevailing 

which persons of prudence, acting in a like capacity and familiar with such matters, would use in 

the conduct of an enterprise of a like character and with like aims; except that: 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 2 
(A) Securities or other obligations of the Grantor, or any other owner or 

operator of the facilities, or any of their affiliates as defined in the 

Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall 

not be acquired or held, unless they are securities or other obligations of 

the federal or a state government; 

(B) The Trustee is authorized to invest the Fund in time or demand 

deposits of the Trustee, to the extent insured by an agency of the federal or 

state government; and 

(C) The Trustee is authorized to hold cash awaiting investment or 

distribution un-invested for a reasonable time and without liability for the 

payment of interest thereon. 

Section 7. Commingling and Investment. The Trustee is expressly authorized in 

its discretion: 

(A) To transfer from time to time any or all of the assets of the Fund to 

any common, commingled, or collective trust fund created by the Trustee 

in which the Fund is eligible to participate, subject to all of the provisions 

thereof, to be commingled with the assets of other trusts participating 

therein; and 

(B) To purchase shares in any investment company, except as specified in 

writing by the owner or operator, registered under the Investment 

Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may 

be created, managed, underwritten, or to which investment advice is 

rendered or the shares of which are sold by the Trustee. The Trustee may 

vote shares in its discretion. 

Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions 

conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is 

expressly authorized and empowered: 

(A) To sell, exchange, convey, transfer, or otherwise dispose of any 

property held by it, by public or private sale. No person dealing with the 

Trustee shall be bound to see to the application of the purchase money or 

to inquire into the validity or expediency of any such sale or other 

disposition; 

(B) To make, execute, acknowledge, and deliver any and all documents of 

transfer and conveyance and any and all other instruments that may be 

necessary or appropriate to carry out the powers herein granted; 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 3 
(C) To register any securities held in the Fund in its own name or in the 

name of a nominee and to hold any security in bearer form or in book 

entry, or to combine certificates representing such securities with 

certificates of the same issue held by the Trustee in other fiduciary 

capacities, or to deposit or arrange for the deposit of such securities in a 

qualified central depository even though, when so deposited, such 

securities may be merged and held in bulk in the name of the nominee of 

such depositary with other securities deposited therein by another person, 

or to deposit or arrange for the deposit of any securities issued by the 

United States Government, or any agency or instrumentality thereof, with 

a Federal Reserve bank, but the books and records of the Trustee shall at 

all times show that all such securities are part of the Fund; 

(D) To deposit any cash in the Fund in interest-bearing accounts 

maintained or savings certificates issued by the Trustee, in its separate 

corporate capacity, or in any other banking institution affiliated with the 

Trustee, to the extent insured by an agency of the federal or state 

government; and 

(E) To compromise or otherwise adjust all claims in favor of or against the 

Fund. 

Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in 

respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the 

Fund. All other expenses incurred by the Trustee in connection with the administration of this 

Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee 

to the extent not paid directly by the Grantor, and all other proper charges and disbursements of 

the Trustee shall be paid from the Fund. 

Section 10. Annual Valuation. The Trustee shall annually, at least 30 days prior to the 

anniversary date of establishment of the Fund, furnish to the Grantor and to the EPA Water 

Division Director a statement confirming the value of the Trust. Any securities in the Fund shall 

be valued at market value as of no more than 60 days prior to the anniversary date of 

establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 

days after the statement has been furnished to the Grantor and the EPA Water Division Director 

shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting 

any claim or liability against the Trustee with respect to matters disclosed in the statement. 

Section 11. Advice of Counsel. The Trustee may from time to time consult with counsel, who 

may be counsel to the Grantor, with respect to any question arising as to the construction of this 

Agreement of any action to be taken hereunder. The Trustee shall be fully protected, to the extent 

permitted by law, in acting upon the advice of counsel. 

Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for 

its services as agreed upon in writing from time to time with the Grantor. 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 4 
Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, 

but such resignation or replacement shall not be effective until the Grantor has appointed a 

successor trustee and this successor accepts the appointment. The successor trustee shall have the 

same powers and duties as those conferred upon the Trustee hereunder. Upon the successor 

trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the 

successor trustee the funds and properties then constituting the Fund. If for any reason the 

Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may 

apply to a court of competent jurisdiction for the appointment of a successor trustee or for 

instructions. The successor trustee shall specify the date on which it assumes administration of 

the trust in a writing sent to the Grantor, the EPA Water Division Director, and the present 

Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred 

by the Trustee as a result of any of the acts contemplated by this Section shall be paid as 

provided in Section 9. 

Section 14. Instructions to the Trustee. All orders, requests, and instructions by the Grantor to the 

Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or 

such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall 

be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and 

instructions. All orders, requests, and instructions by the EPA Water Division Director to the 

Trustee shall be in writing, signed by the EPA Water Division Director, and the Trustee may rely 

on these instructions to the extent permissible by law. The Trustee shall have the right to assume, 

in the absence of written notice to the contrary, that no event constituting a change or a 

termination of the authority of any person to act on behalf of the Grantor or EPA hereunder has 

occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and 

instructions from the Grantor and/or EPA, except as provided for herein. 

Section 15. Notice ofNonpayment. The Trustee shall notify the Grantor and the EPA Water 

Division Director, by certified mail within 10 days following the expiration of the 30-day period 

after the anniversary of the establishment of the Trust, if no payment is received from the 

Grantor during that period. After the pay-in period is completed, the Trustee shall not be required 

to send a notice of nonpayment. 

Section 16. Amendment of Agreement. This Agreement may be amended by an instrument in 

writing executed by the Grantor, the Trustee, with the concurrence ofthe EPA Water Division 

Director, or by the Trustee and the EPA Water Division Director if the Grantor ceases to exist. 

Provided, however, that EPA may not be named as a beneficiary of the Trust, receive funds from 

the Trust, or direct that Trust funds be paid to a particular entity selected by EPA. 

Section 17. Cancelation, Irrevocability and Termination. Subject to the right of the parties to 

amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall 

continue until terminated at the written agreement of the Grantor, the Trustee, with the 

concurrence of the EPA Water Division Director, or by the Trustee and the EPA Water Division 

Director if the Grantor ceases to exist. Upon termination ofthe Trust, all remaining trust 

property, less final trust administration expenses, shall be delivered to the Grantor, or if the 

Grantor is no longer in existence, at the written direction of the EPA. 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 5 
Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any 

nature in connection with any act or omission, made in good faith, in the administration of this 

Trust, or in carrying out any directions by the Grantor issued in accordance with this Agreement. 

The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or 

both, from and against any personal liability to which the Trustee may be subjected by reason of 

any act or conduct in its official capacity, including all expenses reasonably incurred in its 

defense in the event the Grantor fails to provide such defense. EPA does not indemnify either the 

Grantor or the Trustee due to the restrictions imposed by the Anti-Deficiency Act, 31 U.S.C. 

1341. Rather, any claims against EPA are subject to the Federal Tort Claims Act, 28 U.S.C. 

2671, 2680. 

Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced 

according to the laws of the State of Illinois with regard to claims by the Grantor or Trustee. 

Claims involving EPA are subject to federal law. 

Section 20. Interpretation. As used in this Agreement, words in the singular include the plural 

and words in the plural include the singular. The descriptive headings for each Section of this 

Agreement shall not affect the interpretation or the legal efficacy of this Agreement. 

Section 21. Integration. This Agreement supersedes the previously executed Trust 

Agreement between the parties hereto dated March 20, 2014. 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 6 
In Witness Whereof the parties have caused this Agreement to be executed by their 

respective officers duly authorized and attested as of the date first above written. 

Signature of Grantor's Authorized Representative: ~ -cc. ~~a .. 

Name of Grantor's Authorized Representative: Kenneth K. Humphreys, Jr. 

Title: Chief Executive Officer 

Attest: 

.. Cerrifio:al:j,qn of Acknowledgement of Notary: . ' c ,, .. ~}."' ''1t'', ~- ·:11.'.. . ·. t:" , ~ ..._, . .,.. ... Puq··."i' ........ ,4 ~ 't' .. .. ,,. ·-. -:. ,,..._"'- C'··., .. . :) '" . - • . ~ 1. ·' Q'l : - ~ : .• ·1<-t.,\ . ·•= 

:_ co· :!)\'Ric; } ;; E '=' ·. p. 'lO\t : ":· : .......... )J\ .·.s-.-~ 

"-~··.. . ,. .. ., . ...... ,. . 

•· r 

District of Columbia : SS 

Subscribed and Sworn to before me 

this ;< (]+i) day of /Vl t!cch , :;;0 14 

!?(,4t~A tiw;? 

NOtary Public, D C. 

My commission expires 3l3, }de) I 8 

' 

Attest: 

Signature: ___ ("'-=-'.;"--·. 

~~ 

"'--~=,=~ """'., \\-,: ....:c7__if.L...I02::. ,._./""""'~--------- .............. 

Name of Attester: --~vr~~~~~~*] Judith I Eolev ________________________ _ 

Title of Attester: ________ V_ic_e-'---'--P..:..re=s=i""'d""'ecwn"-t ___________________ _ 

Certificati<:>n of A,s_knowled emen ofNotary: ~~~~~o!.~~e--_ .. 

·.·' JASON ADAM FELIX 

NOT.l1RY PUBLIC- MINNESOTA 

My Comm1ss1on Expires Jan. 31, 2016 

.... ~ ~ 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 7 
Schedule A: Facilities and Cost Estimates to Which the Trust Agreement Applies 

Because the four injection wells covered by this Agreement will be similarly constructed 

and drilled from a single well pad, the C02 injected through the four wells will form one comingled C02 plume. Therefore, funds noted in the table below apply to all four injection 

wells as one integrated facility. 

Facility Corrective Injection Well Post-injection Emergency Action Plugging Site Care and and 

Site Closure Remedial 

($million) ($million) ($million) Response 

($million) 

EPA Identification 

Number IL-137-

6A-0001 Morgan 

County Class VI 

UIC Well#l 

73 Central Park 

PlazaE 

Jacksonville, IL 

62650 

EPA Identification 

IL-137-6A-0002 

Morgan County 

Class VIUIC 

Well#2 

73 Central Park 

PlazaE 

Jacksonville, IL 

62650 $0.623 $2.723 $21.722 $26.7 EPA Identification 

Number IL-13 7-

6A-0003 Morgan 

County Class VI 

UIC Well#3 

73 Central Park 

PlazaE 

Jacksonville, IL 

62650 

EPA Identification 

Number IL-137-

6A -0004 Morgan 

County Class VI 

UIC Well#4 

73 Central Park 

PlazaE 

Jacksonville, IL 

62650 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 8 
Schedule B: Trust Fund Property 

Because the four injection wells covered by this Agreement will be similarly constructed 

and drilled from a single well pad, the C02 injected through the four wells will form one comingled C02 plume. Therefore, funds noted in the table below apply to all four injection 

wells as one integrated facility. 

Facility Fundin2 Value for Activities 

EPA Identification 

Number IL-137-6A0001 Morgan County ' 

Class VI UIC Well #1 

73 Central Park Plaza E 

Jacksonville, IL 62650 

EPA Identification 

Number IL-137-6A0002 Morgan County 

Class VI UIC Well #2 

73 Central Park Plaza E 

Jacksonville, IL 62650 $51,768,000.00 

EPA Identification 

Number IL-137-6A0003 Morgan County 

Class VI UIC Well #3 

73 Central Park Plaza E 

Jacksonville, IL 62650 

EPA Identification 

Number IL-137-6A0004 Morgan County 

Class VI UIC Well #4 

73 Central Park Plaza E 

Jacksonville, IL 62650 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 9 
Schedule C: Pay-in Periods 

The C02 Trust Fund will be funded according to when the financial risks are incurred on the 

FutureGen 2.0 Project in four distinct activities: 

• Pre-Injection: Once an injection or monitoring well is drilled, plugging costs will 

eventually need to be incurred. Therefore, the trust account will be funded with the cost 

of plugging injection and monitoring wells prior to drilling the wells. The Alliance's 

estimated cost ofthis activity is $2.723 million. 

• Injection: As soon as injection of C02 begins in the Class VI well(s), certain activities 

will necessarily need to occur (corrective action that is performed on a phased basis, postinjection site care and monitoring, and site closure). Therefore, the trust account should 

be funded with the costs associated with these activities. The Alliance's estimated cost of 

this activity is $22.345 million. 

• Post-Injection: While all costs must be covered at the start of the post-injection phase, 

the trust account may phase out these costs as the activities are completed (with approval 

from the EPA Water Division Director). For example, once wells have been plugged, 

their corresponding plugging costs may be subtracted from the total value of the trust 

account. 

• Emergency and remedial response: Prior to authorization from EPA to begin injecting 

C02 under the Class VI well permit(s), the Alliance must be prepared to undertake any 

emergency or remedial response actions, although such actions are unlikely to be needed. 

The Alliance estimated the cost ofthe most severe incident to be $6.1 million, which is 

the amount that will be placed into the trust fund prior to drilling the injection well(s). 

However, to ensure that sufficient funds will be available in the highly unlikely event that 

multiple incidents occurred over the entire period of injection and post-injection 

operations, the Alliance will add $20.6 million to the trust fund for emergency and 

remedial response (for a total of$26.7 million) prior to EPA's authorization ofthe start of 

C02 injection. 

Within seven calendar days after the issuance of fmal Class VI UIC permits for the Morgan 

County injection wells, the Alliance will ensure that $2.723 million is in the C02 Trust Fund to 

cover the cost of plugging injection and monitoring wells in the Pre-Injection Period. In addition, 

the Alliance will ensure that $6.1 million is in the C02 Trust Fund to cover the cost of 

emergency and remedial response during the construction period and prior to the start of C02 

injection. 

On or before the one-year anniversary of the issuance of the final Class VI UIC permits for the 

Morgan County injection wells, and at least seven calendar days prior to EPA authorization for 

the start of C02 injection in any ofthe wells (whichever is earlier), the Alliance will ensure that 

an additional $22.345 million is in the C02 Trust Fund to cover the costs of the Injection and 

Post-Injection Periods. The total value of the trust at the beginning of the Injection Period will be 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 10 
$31.168 million. An additional $20.6 million will be added on or before the two-year anniversary 

of the issuance of the final Class VI UIC permit(s) for the Morgan County injection well(s), 

completing the phase-in of financial responsibility payments for emergency and remedial 

response. The Alliance may also elect to substitute another mechanism to demonstrate fmancial 

responsibility for emergency and remedial response for the ~ection and post-injection phases. If 

EPA approves such a substitution, this Agreement will be amended accordingly. 

These amounts are based on the third-party cost estimate submitted by the Alliance in its 

Supporting Documentation: Underground Injection Control Class VI Injection Well Permit 

Applications for FutureGen 2. 0 Morgan County Wells 1, 2, 3, and 4, dated March 2013 

(Appendix C) and on EPA's independent evaluation ofthe cost estimates. These costs are subject 

to review and approval by EPA and may be adjusted for inflation or any change to the cost 

estimate in accordance with 40 CFR § 146.85( c )(2). 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 11 
Table 1 shows the activities and estimated costs according to when the payments would be 

required (i.e., at the start of the "Pre"Injection" phase or at the start of the "Injection and Post" 

Injection Phase"). 

Table 1: Payment Schedule 

Amount to be 

Added Before 

Costs Start of Phase 

(millions of (millions of 

Funding Activities dollars) dollars) 

Pre"Injection (within 7 Plugging Injection and 

Monitoring Wells 2.723 2.723 days of final permit Emergency and Remedial issuance) Response 6.1 6.1 

Injection and Post" 

Injection (within 1 year AoR and Corrective Action 0.623 

of final permit issuance, Post"Injection Site Care 

22.345 

or at least 7 days prior (Includes Monitoring) 18.32 

to injection, whichever 

comes first) Closure 3.402 

Injection and PostInjection (within 2 years Emergency and Remedial 

of final permit issuance) Response 20.6 20.6 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 12 
Exhibit A FutureGen Industrial Alliance, Inc. Designee Authorized to Instruct Trustee 

Kenneth K. Humphreys, Jr. 

ChiefExecutive Officer 

FutureGen Industrial Alliance, Inc. 

73 Central Park Plaza East 

Jacksonville, Illinois 62650 

217/243-8215 

The FutureGen Industrial Alliance, Inc., as Grantor, may designate other designees by amendment to this Exhibit. 

Trust Agreement between FutureGen Industrial Alliance, Inc. and U.S. Bank National Association 13