SIP DESCRIPTION - Devon Power LLC Trading Agreement and Order

No. 8251 Modification 1

I. SIP - DESCRIPTION OF DERC CREATION AND/OR USE

SIP SUMMARY TABLE

Tradin2 Ae.reement and Order No. 8251

Devon Power 700 Naugatuck Devon CT 06460

Avenue

Identifier IClient 7741 Town # 105 Premise # 14 1 Sequence #

Contact Ms. Cynthia Karlic Tel: (860) 343·6962 Fax (860) 343-6969

Ftegional~anager

Pollutant and Regulatory Standard: NOx I Section 22a-174-22 of the Regulations of

Connecticut State Agencies.

Nonattainment Area Classification Severe

Annual DERCs needed Estimated 0

Annual DERCs e:enerated Estimated 0

Compliance Time Period Until ADri130, 2007.

Max. Emission Rate: CEM and full load emission rate (FLER) for Generation and

Use. (See Table 1 below):

Table 1

NOx Emission Rates and Allowable Limits

Unit Fuel Maximum Stack Test FLER Allowable Date of Next

PIR number Capacity (ppmvd) IbslMMBtu Rate Stack Stack

MMBtuIhr IbslMMBtu Test Test Due

40MWGE Jet Fuel 1295 CEM CEM 0.20 NA NA

Turbines Nat. gas " " " 0.20 " "

Ilthrul4 Non-olonec " " " 0.15 " "

105-0040

105-0041

105-0042

105-0043

II. SPECIAL REQUIREMENTS

a. This Trading Agreement and Order Modification supersedes Trading Agreement and

Order No. 8251 A issued on April 30, 2003.

b. Calculations of credits used shall be as specified in Trading Agreement and Order No.

8251A.

c. Starting on October 1, 2003 and until April 30, 2007 during the non-Olone season Devon

Power LLC shall meet a non-ozone season emission limit of 0.15 IbslMMBtu of heat

input when operating on Jet fuel or natural gas.

~y-~

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

STATE OF CONNECTICUT

AND

DEVON POWER LLC

TRADING AGREEMENT AND

ORDER NO. 8251

MODlFICATION NO. !

TRADING AGREEMENT AND ORDER MODlFICATION

In the matter of a Trading Agreement and Order between (he Commissioner of Environmental

Protection ("Commissioner") and Devon Power LLC ("DP").

WHEREAS, the Commissioner and DP. having agreed to the [enns and conditions set forth in

Trading Agreement and Order No. 8251 signed by the Commissioner on September 15, 2003, do

now, by mutual agreement, modify said Trading Agreement and Order as follows:

1. Delete the date May 1,2005, and substitute therefor May 1, 2007, in paragraphs

A.4. and C.1.

2. Delete paragraph C.2. and substitute the following therefor:

DERC use. Starting on October 1, 2004, and until Mny 1, 2007, before the first

day of each non-Olone season, DP shall have in irs possession sufficient approved

DERCs for'the turbines based on the following:

a. Duling the nonwozone season:

DP shall meet a non-ozone seasonal average emission limit of 0.15

Ibs1MMEtu. Prior to October 1, 2004, October I, 2005 and October 1, 2006,

DP shall estimate and acquire the amount of DERCs or aJlowances required

for such non-ozone season needed to comply with Section 22a-174-22(e)(3) of

the Regulations as follows:

Estimated DERCs (tons) = [Estimated fuel use in MMBtu from October 1

through April 30 x (estimated seasonal average

NOx emission rate in Ibs/MMBtu during October

1 through April 30 - (0.95 x 0.15 IbslMMBtu))]

2000 pounds/ton.

No laterthan May 31, 2005, May 31, 2006, and May 31, 2007, when the

turbines have a non·ozone seasonal average actual NOx emission rate

exceeding 0.15 IbslMMBtu, DP shall calculate and permanenrly retire [he

amount of DERCs used in the preceding non-ozone season as follows:

(Prinled on Reey<::led Paper)

79 Elm Slrtt! • Ihtltord, CT 06106 _SI27

htlp:lld Cp.Sl al t .CI.II S

A.1t Equal Oppon..ttiry Employer
Devon Power LLC 2 Trading Agreement and Order No.

8251 Modification No. I

Actual D.ERCs (tons) = [Actual [ueluse in Ml\1Btu .from October 1 through

April 30 x (nctual season<ll <lverage NOx emission rate

in IbslMMBtu during October I through April 30-

(0.95 x O.l5IbslMMBtu))] + 2000 poundslton.

b. When the non·ozone season CEM·recorded NOx emission rate is used to

calculate DERCs used by the turbines, DP shall include missing data

c<llculated in accordance with missing data substitution procedures under 40

CFR Part 75.

c. DP shall not exceed any NOx permit limitations for the turbines.

3. Delete pamgraph C.7. and substitute the following therefor:

DERC Shortfall. At a minimum, DERCs required shall be adjusted upwards by

100% if DERCs are not in DP's possession for use prior to the first day of each

non·ozone season. However, nothing in this Trading Agreement and Order shall

affect the Conuriissioner's authority to institute any proceeding or take any other

action to require additional upward adjustment, based on the gravity of any

alleged noncompliance or violation of law. DP shall pennanently retire the

quantity of DERCs equivalent to the excess emissions plus a 100% premium

within sixty (60) days of DP's discovery (If the: HERr. s.hortfall. DP Sohall certify

and report any such DERC retirement to the Commissioner in <!cconhlm.:e with

paragraph C.26 of this Trading Agreement and Order.

4. Delete paragraph C.9. and substitute the following therefor:

Extension. No later than May 1, 2007, with respect to the turbines, DP shall

comply with the requirements of Section 22a-174-22(d)(2)(A) of the Regulations.

There is no assurance that after full program review of this and other Trading

Agreements and Orders thaUhe Commissioner will grant a written extension of

this Trading Agreement and Order.

5. Delete paragraph C.IO. and substitute the following therefor:

Future Compliance Report. On or before September 1,2006, UP shall submit a

report in writing to the Corn.missoner, as directed in paragraph C.27. of this

Trading Agreement and Order, indicating how the facility shall comply with

Section 22a-174-22 of the Regulations with respect to the turbines on and after

May I, 2007.

6. Delete p.:lragraph C.13. and substitute the following therefor:
Devon Power LLC 3 Trading Agreement and Order No.

8251 Modification No.1

Definitions. As llsed in this Trading Agreement and Order, "Approved DERCs"

are those for which the Commissioner has provided written authorization for use

in compliance with Section 22a-174-22 of the Regulations; "Commissioner"

means the Commissioner or a representative of the Commissioner; "Non-olone

sellson" means the period from October 1 through April 30 in any given calendar

year.

7. Delele paragraph C.14. and substitute the following therefor:

Dates. The date of "issuance" of this Trading Agreement and Order is the date the

Trading Agreement and Order is deposited in the U.S. mail or personally

delivered, whichever is earlier. The date of submission to the Commissioner of

any document required by this Trading Agreement and Order shall be the date

such document is received by the Commissioner. The date of any notice by the

Commissioner under this Trading Agreement and Order, including but not limited

to notice of approval or disapproval of any document or other action, shall be the

date such notice is deposited in the U.S. mail or is 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 Tradi"ng Agreement and Order

to be submiued or perfonned by a date which falls on a Saturday, Sunday or a

Connecticut or federal holiday shall be submitted or performed by the next day

which is not a Salurday, Sunday or Connecticut or federal huliJay.

8. Delete the word "individual" and substitute therefor the word "Section" in

paragraph C.26.

9. Delete the name "Ms. Wendy Jacobs" from paragraph C.2?

All other terms and conditions ofTrading Agreement and Order no. 8251 issued by the

Commissioner acting under Chapter 446c, Sections 22a-6, 22a-171, 22a-174, 22a-176, and 22a177 of the Connecticut General Statutes shall remain in effect.
Devon Power LLC 4 Trading Agreement and Order No.

8251 Modification No. I

DP hereby consents to the entry of this modification 10 the Trading Agreement and Order without

funher notice.

Devon Power LLC

Signature:

Type Name:

Type Title:

Date:

l/!7Ihltl { (lie..

Rf!J()fiu/ t.OUI({)f)lI7ed'J flla.rtfjer

3-;(j-"QjIssued as a modification of an Order of the Commissioner of Environmental Protection.

Date

MAILED CERTIFrED MAll,

RETURN RECEIPT REQUESTED

Certified Document No. 7002 2030 0006 5643 0055