SIP DESCRIPTION - Devon Power LLC -Trading Agreement and Order

No. 8181A Modification 1

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

SIP SUMMARY TABLE

Tradine Aereement and Order No. 8181A Modification 1

Devon Power 700 Naugatuck Devon cr 06460

Avenue

Identifier IClient 7741 Town # lQi Premise # H ISequence #

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

Reg-ional Manager

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

Connecticut State Agencies.

Nonattainment Area Classification Serious

Annual DERCs needed Estimated 5 ozone and I non-ozone.

Compliance Time Period Until Apol30, 2007.

Max. Emission Rate: full load emission rate (FLER) for Use. (See Table I below)

Table I

NOx Emission Rates and Allowable Limits .

Unit Fuel Ma.ximum Stack Test FLER .AJlowable Date pf Next

PIR number Capacity (ppmvd) IbsIMMBru Rate Stack Stack

MMBruIbr IbsIMMBru Test Test Due

Turbine #2 oil 256 181.6 0.74 0.29 4/16/01 4116/06

Devon-lO

R·26

II. SPECIAL REQUIREMENTS

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

Order Np. 8181A issued on April 22, 2003.

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

8181A.

c. Devon Power LLC shall acquire and permanently retire seven ozone season DERCs for

every actual ton of excess NOx emitted from the peaking lUlit during the previous ozone

season based upon the actual emissions for each day that Connecticut one hour ozone

levels were forecasted to be "moderate to unhealthful", «unhealthful", or "very

unhealthful".

Cf.b,~~

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

STATE OF CONNECTICUT

AND

DEVON POWER LLC

TRADING AGREEMENT AND

ORDER NO. 8181A

MODIFICATION NO l

TRADING AGREEMENT AND ORDER MODIFICATION

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

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

WHEREAS, the Commissioner and DP, having agreed [0 the tenns and conditions set forth in

Trading Agreement and Order No. BI8lA signed by the Commissioner on Apri122, 2003, do

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

1. Delete paragraph A.S. and substitute the following therefor:

Reserved.

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

A.6. and C.!.

3. Delete paragraph C.2.a. and substicute the following therefor:

Until May 1,2007, before the first day of each month DP shall have in its

possession sufficient approved DERCs for the cUlTent day for the peaking unit

based on the following calculations;

Before the first day of each month, DP shall estimate DERCs required for such

month for the peaking unit as follows:

(i) At all times:

Estimated DERCs (in tons) use = [«FLER in IbslMMBw) - (0.95 x NOx

allowable fate in IbsiNIMBtu» x (estimated

fuel use in MMBtu)] -:- 2000 pounds/ton

(Printed en Recycled r3per)

79 Elm Slleel • ~13rtrer(!. CT 06106 - H27

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;1" £'I"al Opport""i'y Employer
Devon Power LLC 2 Trading Agreement and Order

No. BlBIA Modification No.1

No later than the twentieth day of each month, DP shall calculate and permanently

retire DERCs used in the preceding calendar month, as follows:

Actu.1 DERCs (in tons); [((FLER in IbsIMMBtu) - (0.95 x NOx .1I0w.ble r.te

in IbslMMBt\l» x (actLl.1 fLiel Lise in MJvfBtLl)] .,. 2000

pounds/ton

Where:

• NOx allowable rate = allowable limit rate in IbsIMMBtu shown in Table 1 of

this Trading Agreement and Order.

• FLER = full load emission rate in Ibs/MtvlBtli as shown in Table 1 of this

Trading Agreement and Order.

• Discount (0.95) =5% design ffiDrgin applied to the allowable limit rate.

ii) During the ozone season only:

No later than December 31 $( each year, DP shall acquire and permanently retire

seven ozone season DERCs for every actual tOll of excess NOx emitted from the

peaking unit during the previous ozone season based upon the acrup,! emissions for.

each day that Connecticut one hour ozone levels were forecasted to be "moderate

to unhealthful", "unhealthful", or "very unhealthful", until such time that the EPA

revokes the }·hour standard. Upon such revocation, DP shall calculate and

permanently retire seven ozone season DERCs for every actual ton of excess NOx

emiued from the peaking unit during sllch ozone season based upon the actual

emissions for each day that Connecticut eight hour ozone levels were forecasted

to be "unhealthy for sensitive groups", "unhealthy", or "very unhealthy".

Where;

Actu.1 ton of excess NOx emitted = [((FLER in IbsIMMBtu) - (0.95 x

NOx allowable rate in IbslMMBtu)) x (.ctual

fuel use in MMBtu») 2000 pounds/ton

The total actual tons of excess NOx emitted from the peaking unit during

forecasted ozone exceedance days shall be multiplied by seven and then rounded

to the next greater whole ton, to detennine [he number of DERCs [Q be

permanently retired. This requirement is in addition to the DP's requirement to

estimate excess emissions and subsequent permanent retirement of a sufficient

number of approved DERCs in accordance with paragraph C.2.a.(i) of this

Trading Agreement and Order.

4. Delete paragraph C.2.b. and substitute the following therefor:
Devon Power LLC

Reserved.

3 Tradi ng Agreement and Order

No. St81A Modification No. I

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

During the non-ozone season: Until May 1, 2007, from October 1 through April

30, inclusive, each year, the peaking umt shall, in addition to meeting the

24-hour emission limit in Table 22-1 of Section 22a-174-22 of the Regulations,

meet a non-ozone season emission limit of 0.15Ib&1MBtu. Prior to October 1,

2004, October I, 2005 and October 1,2006, DP shall estimate and acquire the

amount of DERCs or allowances required for such non-ozone season needed to

comply with Section 22a-174-22(e)(3) of the Regulations as follows:

Estimated DERCs (tons) use = [Estimated fuel use in M1v1Btu from October 1

through April 30 x (allowable emission rate in

Ibs/MMBtu - (0.95 x 0.15 IblMMBtu))] + 2000

Ibs/ton

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

No later than May 310[2005,2006 and 2007, in addition to the DERCs retired

pursuant to paragraph C.2.a. of this Trading Agreement and Order, DP shall

calculate and permanently retire DERCs used in the preceding non-ozone season

as follows:

Actual DERCs (tons) used = [Actual fuel use.in M1v1Btu from October 1 through

April 30 x (allowable emission rate in IbsfMMBtu

- (0.95 x 0.15IbIMMBtu))] +.2000 Ibs/ton

7. Delete paragraph C.6. and substitute the following therefor:

(a) Annual DERC Repon. No later than March 1 of every year after issuance of

this Trading Agreement and Order, DP shall submit in writing to the

Commissioner, a record of each sale or other transfer of DERCs for the

previous calendar year. DP shall also include actual NOx emissions from the

peaking unit and the amount of all DERCs used (including serial numbers (if

assigned) and DERCs purchased from other facihties). These reports shall be

on fonns prescribed by the Commissioner and shall be in monthly increments,

and by ozone and non ozone seasons.

(b) Starting on October 1, 2004: No later than July 30 of every year after issuance

of this Trading Agreement and Order, DP shall submit in writing to the

Commissioner the non-ozone season fuel consumption and amount of all
Devon Power LLC 4 Trading Agreement and Order

No. BIBIA Modification No. I

DERCs used (including serial numbers (if assigned) and approved DERCs

purchased from other facilities) for the peaking unit during the October through

April time period in the previous calendar year. These reports shall be on a

fOlm prescribed by the Commissioner.

8. Delete paragraph C. 7. and substitute the following therefor:

Allowance Use. Pursuant to Section 22a-174-22(d)(3) of the Regulations, OP

may use NOx allowances, until May I, 2007, for the peaking unit pursuant to

Section 22a-I74-22(j) of the Regulations to achieve all or a portion of the

reductions required by Section 22a-174-22 of the Regulations. Any allowance

used for compliance with Section 22a-174-22(e) of the Regulations shall be

subject to all restrictions and/or reqUirements applicable to DERCs contained in

this Trading Agreement and Order;

a. In order for DP to use NOx allowances, DP shall create a general account

or use an existing compliance account or overdraft account in EPA's NOx

Allowance Tracking·System ("NATS"); and

b. 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 22a174-22 of the Regulations when they are transferred from the facility's

NOx genera! account in the NATS or the facility's NOx compliance

account in the NATS to the cr State NOx Retirement Account (Account

ID CT0000000300 in the NATS).

9. Delete paragraph C.S. 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

month or applicable season. However, nothing in this Trading Agreement and

Order shall affect the Commissioner'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 permanently retire the

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

within sixty (60) days of DP's discovery of the DERC shortfall. DP shaJi certify

and report any such DERC retirement to the Commissioner in accordnnce with

paragraph C.30. of this Trading Agreement and Order.

10. Delete paragraph CIO. and substitule the following therefor:

FLER Exceednnce. Noncompliance with an established FLER shnll subject DP to
Devon Power LLC 5 Trading Agreement and Order

No. 8181A Modification No. I

make restitution by mntching the quantity of emissions ("tme up") caused by the

exceedance plus a 100% premium. The true up in tOns of DERCs shall be equal to

the FLER ex;ceedance in IbsIMNIBtu, multiplied by the total heat input during the

period of noncompliance divided by 2000 lbs/ton. If the period of noncompliance

is not known, the time period from the completion of the last/previous

Commissioner witnessed emission lest through the date the FLER compliance is

achieved as approved by the Commissioner shall be used. However, nothing in this

Trading Agreement and Order shall affect the Commissioner'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 DERCs calculated in accordance with the above plus a 100%

premium within sixty (60) days ofDP's discovery of the FLER exceedance. DP

shall report any FLER exceedance to the Commissioner in accordance with

paragraph C.30. of this Trading Agreement and Order.

11. Delete paragraph C.13. and substitute the following therefor:

Extension. No later than May 1,2007, with respect to [he peaking unit, DP shall

comply with the requirements of Sections 22a-174-22(d)(l) and 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 that the Commissioner

will grant a written extension of this Trading Agreement and Order.

12. Delete paragraph C.14. and substitute the following therefor:

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

report in writing to the Commissioner, as directed in paragraph C.31. of this

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

Section 22a~174-22 of the Regulations with respect to the peaking unit on and after

May 1, 2007.

13. Delete paragraph C.l7. and substitute the following therefor:

Definitions. As used 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-ozone

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

year; "Ozone season" means the period May 1 through September 30 in any given

calendar year.

14. Delete paragraph C.18. and substitute the following therefor:
Devon Power LLC 6 Trading Agreement and Order

No. B1BIA Modification No. I

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

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

whichever is earlier. The date of submission EO 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 Trading Agreement and Order to be

submitted or performed 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 Saturday, Sunday or Connecticut or federal holiday.

15. Delete the word "individual" and substitute therefore the word "Section" in

paragraph C.30.

16. Delete the name "Mr. Michael L"Fleur" in paragraph C.31.

All other terms and conditions of Trading Agreement and Order no. 818iA issued by the

Commissioner acting under Chapter 446c, Sections 22a-6, 22a-171, 22a·i74, 22a-176, and 22a·

177 of the Connecticllt General Statutes shat! remain in effect.
Devon Power LLC 7 Trading Agreement and Order

No. 8181A Modification No. I

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

further notice.

Devon Power LLC

Signature:

Type Name:

Type Title:

Date:

,L~rJ,}'-/Lc4..- cr¥u.t?<.~ "(J CyOft;lfl L ,{elf/Ie

itt!JiDnt;,./ 5J1//I'iJrJf!1ent../ miUl(!fC'r

3-/S-Qr

Issued as a modification of an Order of the Commissioner of Environmental Prolection.

Date

MAILED CERTIFIED MAIL,

RETURN RECEIPT REQUESTED

Certified Document No. 7002 2030 0006 5643 0055