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STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the matter of

The State of Connecticut and

Nonvalk Power LLe

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Trading Agreement

and Order No. 8218A

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Whereas, the Commissioner of Environmental PrOtection ("Commissioner") and Norwalk

Power LLC (uNP") agree that it is in the public interest that they work cooperatively to

improve the air quality within the State of Connecticut and that the use of discrete emission

reduction credit ("DERC") trading to reduce nitrogen oxide ("NOx") emissions will achieve

this result in a timely and cost-effective manner.

A. At the request and with the agreement of NP, the Commissioner finds the following:

1. This Trading Agreement and Order 5upercedes Trading Agreement and Order

8218 issued on March 22, 2002.

2. NP is an exempt wholesale electric generating company with its principal place

of business in Sewickley, Pennsylvania. On December 15, 1999, NP purchased

from The Connecticut Light and Power Company and now owns one fossil

fuel-fired electric generating station, Norwalk Harbor Station, at Manresa

Island Avenue, South Norwalk, Connecticut ("facility").

3. At the facility, NRG Norwalk Harbor Operations Inc. operates fuel burning

equipment, consisting of Norwalk Harbor Station Unit 1, a 164 megawan

tangentially-fired boiler, and Norwalk Harbor Station Unit 2, a 172 megawatt

tangentially-fired boiler Connecticut Registration Numbers 137-0028 and 137-

0030 respectively ("boilers 1 and 2"), which are subject to Subsection 22a-174-

22 of the Regulations of Connecticut State Agencies ("Regulations"). Boilers 1

and 2 have the dual capacity to operate on No.6 fuel and/or No.2 fuel oil. No.

2 fuel oil is used primarily as an ignition fuel as pan of the start-up procedure.

A continuous emissions monitor ("CEM") ceItified to 40 Code of Federal

Regulations ("CFR") Pan 75, measures NOx emissions from boilers 1 and 2.

4. Boilers 1 and 2 sometimes exceed the NOx allowable emission rate limit

specified in Section 22a-174-22(e) of the Regulations.

5. To reduce excess NOx emissions NP has rep~esented that it monitors and

controls the combustion process of boilers 1 and 2, so that emissions frequently

can be kept below the NOx emission limitations established by Section 22a174-22(e) of the Regulations.

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STATE OF CONNECTICUT

DEPARTMENT OF E_ 'VIRONMENTAL PROTECTION

In [he milner of

The State of Connecticut and

Norwalk Power LLC

,

)

)

)

)

)

Trading Agreement

and Order No. 821 8A

Whereas, the Commissioner of Environmental Protection ("Commissioner") and Norwalk

Power LLC ("NP") agree that it is in lhe public interest that they work cooperatively to

improve the air quality within the State of Connecticut and that the use of discrete emission

reduction credit ("DERe") trading to reduce nitrogen oxide (UNOx") emissions will achieve

this result in a timely and cost-effective manner.

A. At the request and with the agreement of NF, the Commissioner finds the following:

1. This Trading Agreement and Order 5upercedes Trading Agreement and Order

8218 issued on March 22, 2002.

2. NP is an exempt wholesale electric generating company with its prinCipal place

of business in Sewickley, Pennsylvania. On December IS, 1999, NP purchased

from The Connecticut Light and Power Company and now owns one fossil

fuel-fired electric generating station, Norwalk Harbor Station, at Manresa

Island Avenue, South Norwalk, Connecticut ("facility").

3. At the facility, NRG Norwalk Harbor Operations Inc. operates fuel burning

equipment, consisting of Norwalk Harbor Station Unit 1, a 164 megawan

tangentially·fired boiler, and Norwalk Harbor Station Unit 2, a 172 megawatt

tangentially-fired boiler Connecticut Registration Numbers 137-0028 and 137-

0030 respectively ("boilers 1 and 2"), which are subject to Subsection 22a-174-

22 of the Regulations of Connecticut State Agencies ("Regulations"). Boilers 1

and 2 have the dual capacity to operate on No.6 fuel and/or No.2 fuel oil. No.

2 fuel oil is used primarily as an ignition fuel as pan of the start-up procedure.

A continuous emissions monitor ("CEM") certified to 40 Code of Federal

Regulations ("CFR") Part 75, measures NOx emissions from boilers 1 and 2.

4. Boilers 1 and 2 sometimes exceed the NOx allowable emission rate limit

specified in Section 22a-174-22(e) of the Regulations.

5. To reduce excess NOx emissions NP has rep~esented that it monitors and

controls the combustion process of boilers 1 and 2, so that emissions frequently

can be kept below the NOx emission limitations established by Section 22a·

174·22(e) of the Regulations.

(Printed on Recycled Piper) V

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An Eqlltll OPPOrtuniry Employu
Norwalk Power LLC Trading Agreement and

Order No. 8218A

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6. Pursuant to Section 22a-174-22(j) of the Regulations. during the non-ozone

season, J\rp intends both to acquire and generate approved DERCs until

September 30,2004 for boilers land 2 at the facility. Pursuant to Section 22a·

174.22(j) of the Regulations, during the ozone season, l\TP intends both to

acquire and generate approved Budget discrete emission reduction credits

("BDERCs") un!il,September 3D, 2004 for boilers 1 and 2 at the facility. .,'

7. When properly documented by NP, and approve,d by the Conunissioner, the

emission reductions identified above, and as computed in accordance with the

terms of this Trading Agreement and Order, will conform to the requirements

of Section 22a-174-220)(3) of the Regulations. Specifically, the reductions

will be:

Real because they will result in a reduction of actual emissions released

into the air, net of any 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 an

appropriate reliable and replicable protocol, providing the rate and total

mass amount of reduction.

Surplus because they are not required by any Connecticut statute or

regulation mandated by a current State Implemen~ation Plan ("SIP"), and

are not currently re1i.ed upon in any applicable anainment plan, any

reasonable further progress plan or milestone demonstration.

Permanent because the advanced control systems are in place and

operating, and an appropriate tracking system is in place to monitor all data

required to verify and quantify the creation of DERCs.

Enforceable because the DERCs are approved by the Commissioner

retrospectively after [he submission by NP of a report that documents their

creation.

8. The emissions trading baselines ("baseline emission rate") and the allowable

emission limits for boilers 1 and 2 in pounds per million British thermal units

("lbs/lvtMBtu") of heat input when operating on fuel oil are provided on (he

following table 1:

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Norwalk Power LLC Trading Agreement and

Order No. 82l8A

Table 1

NOx Allowable Limits and Baseline Emission Rate in Ibs/l'vfMBtu

Emission Fuel Heat Input Emissions AllowableIB3Seline emission

Unit MMBtulhr Tost rate

IbsIMMBtu

Boiler I No.6 , 1776 CEM 0.25

Registration No.2, CEM 0.17

No. 137·0028

Boiler 2 No.6 1776 CEM 0.25

Registration No.2 CEM 0.17

No. 137·0030

9. Starting on October I, 2003, and during the period from OctOber 1 through April

30, inclusive, each year until September 30,2004, NP may only obtain approval of

actual reductions in NOx emissions, generated by operating boilers 1 and 2 at a rate

that is below O.151bsJM:MBtu during the non-Olone season on No.6 oil, andlor No.

2 oil.

:

10. The Commissioner, in accordance with the provisions afTracting Agreement and

Order 8218 and Addendum I, pursuant to Section 22a-174-22(d)(3) of the

Regulations, previously approved the non-Olone season NOx DERCs referenced in

,Table 2 of this Trading Agreement and Order. DERC creation serial numbers (if

assigned by the Department) to these previously approved reductions of NOx

emissions are provided in Table 2 of this Trading Agreement and Order. DERCs

are subject lO the vin13ge restrictions in this Trading Agreement and Order. Dales

that after which the unused DERCs will no longer be eligible for use as a result of

the vintage restrictions are provided in Table 2 of this Trading Agreement and

Order in the expiration date column.

o ERC

Table 2

previouslv approved N xD s

Year of Non-ozone season NOx Tons IExpiration

Generation DERC serial numbers Date

1999 CT99/8218(DC)Noxnozl-7 7 12/31/04

2000 CTOO/8218(DC)Noxnozl-96 96 12131/05

2001 CfOI/8218(DC)Noxnozl-48 48 12131/06

B. The Commissioner, in accordance with the provisions of this Trading Agreemem and

Order, pursuant to Section 22a-174-22(d)(3) of the Regulations, hereby allows NP to:

1. Comply with Section 22a-174-22(d)(I) of the Regulations through use of BDERC and

DERC trading;

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Norwalk Power LLC Trading Agreement and

Order No. 8218A

2. Ozone season BDERCs may be generated and used in accordance with this Trading

Agreement and Order; and

3. Upon sufficient documentation as prescribed in this Trading Agreement and Order,

generate additional BDERCs and DERCs. Upon issuance of an addendum to this

Trading Agreement and Order the Commissioner may approve the generation of

additional BDERCs)tiId DERCs by NP retrospectively. Approved BDERCs and

DERCs generated by NP may be held by NP or transferred to other persons in

accordance with this Trading Agreement and Order.

C. With the agreement ofNP, the Commissioner, acting under Sections 22a-6, 22a-171,

22a-174, 22a-176, and 22a-177 of the Connecticut General Statutes, hereby orders NP

as follows:

1. Upon issuance of this Trading Agreement and Order, NP may generate approved

BDERCs and DERCs as allowed under this Trading Agreement and Order until

September 30, 2004.

2. Upon issuance of this Trading Agreement and Order, at the faCility, NP shall comply

with Section 22a-174-22 of the Regulations through emission reduction trading. Until

NP achieves pennanent compliance with the emission standard in Section 22a-174-

22(e) of the regulation or by September 30,2004, whichever occurs earlier:

a. NP shall use approved DERCs and BDERCs as required under this Trading

Agreement and Order; and

b. NP 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 generation.

a. Until September 30,2004, when boilers 1 and 2 have daily NOx emissions

below the applicable baseline emission rate(s), or the proportioned baseline

emission rate, or when boilers 1 and 2 have seasonal NOx emissions below

O.15IbsJM:MBtu during the non-ozone season staning on October 1, 2003,

NP shall calculate the amount of DERCs generated as follows:

DERCs (tons) = ([Total heat inputl of all fuels in MMBtu x «proportioned

baseline emission rate2

) - (the CEM-recorded NOx emission

<..J rate'))] .;. 2000 Ibslton) x (0.90).'

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Norwalk Power LLC Trading Agreement and

Order No. 8218A

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b.

c.

d.

I He:lt input sh:lll be c:uculated usine the lower of CEM-recorded daUl or actu;!1 fuel US::l0e

data in MMBtu per unit of fuel cornbusted. .,

This rate shall be calculated by 1) multiplying the heal input of e3ch fuel combusted by the

baseline emission rale(s) for such fuel; 2) summing those products: and 3) dividing the sum

by Lhe t01al heal input. lfthe boiler is operating exclusively on one fuel. NP may replace the

proponioned baseline emission rale with the applicable baseline emission rale. for th:ll fuel.

Starting on Gdober 1, 2003. the baseline emission r.He during the non-ozone season shall be

0.15Ibs!MMBtu.

l During the ozone season until September 30. 2004. and during the non-ozone season until

October 1,2003. this rate shall be calculated pW'Suant to the methodology described in 40

Code of Federal Regulations Pan 75 and weighted pursuant to the Department's policy

statement entitled "Guidance for Calculation of Emission Reduction Credits and

Determination of Compli:mce with NOx RACT 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 part of Anachmem 1.

• An additional ten (10) percent of all DERCs (tons) generaled by the boiler shall also be

retired by the facility and permanently removed from all calculations on a daily basis to

assure a benefit to the environment. $taning 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

During: [he ozone season until September 30.2004 and during: the non-ozone

season until October 1. 2003: For purposes of calculating the number of

BDERCs and DERCs generated from boilers 1 and 2 at the facility, NP shall use

the baseline emission rates for boilers 1 and 2, or the proponioned baseline

emission rate set fonh in footnote 2 of paragraph C.3.a of this Trading

Agreement and Order, when simultaneously operating on more than one fuel.

NP shall use the above referenced baseline emission rate(s) when calculating the

proponioned baseline emission rate.

Starting Qn October 1,2003 and until September 30,2004 during: the nonozone season: For purposes of generating DERCs from boilers 1 and 2 at

the facility, NP shall use 0.15 IbslM:MBtu of heat input when operating on

No.6 fuel oil and/or No.2 fuel oil as the non-ozone season baseline

emission rate for boilers 1 and 2. Ten (10) percent of all DERCs (tons)

generated by boilers 1 and 2 shall be retired by the facitiry and permanently

removed from all calculations on a non-ozone season basis to assure a

benefit to the environment.

Non-ozone Season Restrictions.. on-ozone season NOx DERCs generated

by NP shall be created and approved in accordance with this Trading

Agreement and Order, and shall remain valid until they are used or until

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Norwalk Power LLC Trading Agreement and

Order No. 8218A

their vintage expiration date, or until September 30,2004, whichever occurs

first.

e. During the ozone season until September 30. 2004 and during the non-ozone

season until October 1. 2003: In requesting approval of DERCs generated by

boilers 1 and 2"NP shall provide documentation containing a sample

spreadsheet ~th calculation formulas used to detennine reponed numbers;

monthly operating repons of actual fuel usage including the fuel BTU content,

number of gallons, and cubic feet used for each fuel type; daily ~tu 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 rate(s), or the proportioned baseline

emission rate set forth in footnote 2 of paragraph C.3.a. of this Trading

Agreement and Order, net of the ten (10) percent environmental discount.

f. During the non-ozone season starting: on October 1. 2003 and until September

30. 2004:

In requesting approval of DERCs generated by boilers 1 and 2, NP shall provide

documentation containing a sample spreadsheet with calculation fonnulas used

to determine reported numbers; non-ozone season operating reports of actual

fuel usage including the fuel BTU content, number of gallons, and cubic feet

used for each fuel type; non-ozone season M:Nffitu for each fuel type and actual

heat input based upon CEM-recorded data; non-ozone season actual NOx

emission rates (seven month average); and DERCs generated using the 0.15

Ibsl1vfMBtu baseline emission rate(s), net of the applicable environmental

discount.

4. When the daily or non-ozone season CEM-recorded NOx emission rate is used to

calculate DERCs generated by boilers 1 and 2, NP shall not include missing data

calculated in accordance with any missing data substitution procedures, including

those allowed under Section 22a-174-22b of the Regulations and 40 CFR Part 75.

5. Upon sufficient documentation, as determined by the Commissioner, that NP has

met the requirements of this Trading Agreement and Order, the Commissioner may

provide written approval of DERCs generated by NP retrospectively. Requests for

approval of all subsequent DERCs created shall be submitted in writing to the

Commissioner. Such requests shall be compiled on a monthly basis and shall be

submitted at least on an annual basis. Approved DERCs generated by NP under

this Trading Agreement and Order may be held or transferred to other persons.

6. DERC use. Until September 30, 2004, before the first day of each month, and

starting on October 1, 2003 also before the first day of each non-ozone season, NP

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Norwalk Power LLC Trading Agreement and

Order No. 8218A

should have in its possession sufficient approved DERCs for boilers 1 and 2 based

on the following:

a. At all times:

Before the first day of each month, calculate projected worst case DERCs

required for that calendar month as follows: ...

Estimated DERCs (tons) = {[estimated worst case NOx emission fate in

IbsIMMBtu - «0.95) x (NOx allowable emission limit

or proportioned emission rate calculated pursuam to

Section 22a-174-22(O(2)(A) of the Regulations in

IbslMMBtu»] x (Estimated fuel use in MMBtu») t

2000 pounds/tons.

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

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

.~:J

(i) For boilers I and 2 on each day. determine whether the 24-hour

average NOx emission rate* is less than the baseline emission'

!ate or greater than the NOx allowable emission limit.

b.

(ii) When boiler; I and 2 have a daily NOx emission rate (24-hour

average) exceeding the NOx allowable emission limit, calculate

the amount of DERCs used, as follows:

Actual DERCs (tons) = {[(CEM-recorded NOx daily average emission rate in

IbsIMMBtu*) - «(0.95) x (NOx allowable emission limit

or proportioned emission rate calculated pursuant to

Section 22a-174-22(O(2)(A) of the Regulations in

IbsIMMBtu))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 forr.h in paragraph C.7. of this

Trading Agreement and Order.

During the non-ozone season starting on October 1, 2003:

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Norwalk Power LLC Trading Agreement and

Order No. 8218A

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

0.15Ibs/1VLMBru. Prior to October 1, 2003~"P 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: I

"

,

Estimated DERCs (tons)::; [Estimated fuel use in h11'v1Btu from October 1

through April 30 x (lower of the estimated seasonal

average NOx emission rate or the proportioned 24-hour

allowable emission limit in Ibsl111v1Btu during October 1

through April 30) - (0.95 x 0.15IbslMMBtu)J 2000

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-ozone

season as follows:

Actual DERCs (tons)::; [Actual fuel use in :tv11vfBtu from October 1 through

April 30 x (lower of the actual seasonal average NOx

emission rate or the proportioned 24-hour allowable

emission limit in IbsfMlv1Btu during October 1 through

April 30) - (0.95 x 0.15 IbslMMBtu)J .;- 2000 pounds!ton.

c. When the daily or non-ozone season CEM-recorded NOx emission rate is

used to calculate DERCs used by boilers 1 and 2, NP shall include missing

data calculated in accordance with missing data substitution procedures

under 40 CFR Part 75.

7. BDERCs shall only be used by other NOx Budget Program 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 used during the following ozone season. BDERCs are

subject to all DERC requirements'set forth in this Trad.ing Agreement and Order except

for those requirements pertaining solely to non-ozone season DERCs and as otherwise

may be provided.

8. NP shall make and keep records for boilers I and 2 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 1, 2003 non-ozone season NOx emission rates,

number of operating hours per day, the number of invalid data hours of the total

operating hours per day; the number of DERCs in its possession, created, purchased and

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Norwalk Power LLC Trading Agreement and

Order No. 821BA

used (by serial number if assigned) each month in accordance with the appropriate

emission rates and limits in this Trading Agreement and Order; the number of DERCs

used during the ozone season and non-Olone season (the remainder of the year); as well

as documentation attesting to the fact mat approved DERCs used during the ozone

season were generated during the ozone season. Generator certification of this fact

shall be sufficient. NPshall maintain and submit such records in accordance with

Section 22a~ 174-22 ~f the Regulations.

9. Record Keeping. NP shall retain records and supporting documentation as described in

this Trading Agreement and Order for a minimum of five years, commencing on the

date such records were created. 1\'1' shall provide the records specified above to the

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

Commissioner.

10. Annual Emission Statement. No later than March 1 of every year after issuance of this

Trading Agreement and Order, NP shall include with the Annual Emission Statement

provided to the Commissioner, a record of each sale or other transfer, and use of any

and all of the DERCs approved within and subsequent to issuance of this Trading

Agreement and Order until all such DERCs have been used or are no longer in NP's

possession. NP shall also include actual NOx emissions from boilers 1 and 2 and the

amount of all DERCs used (including serial numbers (if assigned) and approved DERCs

generated andlor purchased from other facilities), generated and/or approved for the

previous calendar year. These reports shall be on a fonn prescribed by the

Commissioner and shall be in monthly increments. Should NP choose to discontinue

the generation of DERCs, 1\'1' will notify the Commissioner upon discontinuaIlce. NP

shall retain records and supporting documentation as described in this Trading

Agreement and Order for a minimum of five years, commencing on the date such

records were created. NP shall provide the records specified above to the

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

Commissioner.

II. Allowance Use. Pursuant to Section 22a-174-22(d)(3) of the Regulations, NP may use

NOx allowances, pursuant to Seetion 22a-174-22(j) of the Regulations to aehieve 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 andlor requirements applicable to DERCs contained in this

Trading Agreement and Order. Each allowance used for compliance with Section 22a174-22 of the Regulations shall be equivalent to one discrete emission reduction credit

and shall be deducted from NP's NOx Budget Program compliance account upon sueh

use. Allowances shaIl be considered used for compliance with Section 22a-174-22 of

the Regulations when they are transferred from the facility's compliance account or

9
Norwalk Power LLC Trading Agreement and

Order No. 8218A

L"l ('J

overdraft account to a State of Connecticut NOx allowance retirement account, account

ill CT0000000300 in the NOx Allowance Tracking System.

12. DERC DoublinQ. At a minimum, DERCs required shall be adjusted upwards by 100%

if DERCs are not in NP's possession for use prior to the first day of each month or

applicable season. Hqwever, based on the gravity of the noncompliance, the

Commissioner maY';equire additional upward adjustment.

13. Vintae:e Restriction. For ehe purposes of compliance with Section 22a-174-22 of the

Regulations, DERCs/ailowances shall only remain valid for five (5) calendar years from

the year of the generation/allocation of such DERCs/allowances. DERCs/allowances

generated/allocated more than five (5) calendar years ago are not valid for use for

compliance with Section 22a-174-22 of the Regulations. Notwithstanding the above the

DERCs/allowances generated/allocated prior to calendar year 2000 shall be valid for

use until December 31, 2004.

14. Extension. No later than September 30,2004, with respect to boilers 1 and 2, NP shall

comply with the requirements of Subdivision 22a-174-22(d)(I) of the Regulations.

However, after full program review of this and other Trading Agreements and Orders

and. if detennined to be appropriate, the Commissioner may grant a written extension of

this Trading Agreement and Order.

15. Future Compliance Report. On or before March 31, 2004, NP shall submit a report

indicating how the facility shall comply with Section 22a·174-22 of the Regulations

with respect to boilers 1 an~ 2 on and after September 30, 2004.

16. Full compliance. NP 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. NP shall use best efforts to submit to the Commissioner all documents

required by this Trading Agreement and Order in a complete and approvable fOIm. If

the Commissioner notifies NP that any document or other action is deficient, and does

not approve it with conditions or modifications, it is deemed disapproved, and NP shall

correct the deficiencies and resubmit it within the time specified by the Commissioner

or, if no time is specified by the Commissioner, within 30 days of the Commissioner's

notice of deficiencies. In approving any document or other action under this Trading

Agreement and Order, the Commissioner may approve the document or other action as

submitted or perfonned or with such conditions or modifications as the Commissioner

deems necessary to carry out the purposes of this Trading Agreement and Order.

Nothing in this paragraph shall excuse noncompliance or delay.

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Norwalk Power LLC Trading Agreement and

Order No. 8218A

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18. Definitions. As used in this Trading Agreement and Order, "Approved DERCs" are

those for which the Commissioner has provided wrinen authorization for use in

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

Commissioner or a representative of the Commissioner; "Ozone season" means the

period from May 1 through September 30 in any given calendar year. The date of

"issuance" of this Trading Agreement and Order is the date the Trading Agreement and

Order is deposited in~[he U.S. mail or personally delivered, whichever is earlier.

19. Dates. 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 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 perfonned by a date which falls on a Saturday,

Sunday or a Connecticut or federal holiday shall be submitted or perfonned by the next

day which is not a Saturday, Sunday or Connecticut or federal holiday.

20. Certification of documents. Any document, including but not limited to any notice,

which is required to be submitted to the Commissioner under this Trading Agreement

and Order shall be signed by NP or, if N"P is not an individual, by an individual who is

an authorized representative of NP, in accordance with Section 22a-174-2a(a) of the

Regulations of Connecticut State Agencies, and by the individual(s) responsible for

actually preparing such document, and each such individual shall cenify in writing as

follows:

"r have personally examined and am familiar with the infonnation submitted in

this document and all attachments thereto, and I cenify, based on reasonable

investigation, including my inquiry of those individuals responsible for

obtaining the infonnation, that the submitted information is true, accurate and

complete to the best of my knowledge and belief. I understand that any false

statement made in the submitted infonnation is punishable as a criminal offense

under Section 53a-157b of the Connecticut General Statutes and any other

applicable law."

21. Noncompliance. This Trading Agreement and Order is a final order of the

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 NP to an injunction and penalties.

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Norwalk Power liC Trading Agreement and

Order No. 8218A

~2. False statements. Any false statement in any infonnation submitted pursuant to this

Trading Agreement and Order is punishable as a criminal offense under Section 53a157b of the Connecticut General Statutes and any other applicable law.

23. Notice of transfer: liability of l\TP. Until NP has fully complied with this Trading

Agreement and OrdeI;.'NP shall notify the Conunissioner in writing no later than 15

days after transferring all or any portion of the facility, the operations. the site or the

business which is the subject of this Trading Agreement and Order or after Obtaining a

new mailing or location address. NP's obligations under this Trading Agreement and

Order shall not be affected by the passage of title to any property to any other person or

municipality.

24. Commissioner's powers. Nothing in this Trading Agreement and Order shall affect the

Commissioner's authority to institute any proceeding or take any other action to prevent

or abate violations oflaw, prevent or abate pollution, recover costs and natural resource

damages, and to impose penalties for past, present, or future violations of law. If at any

time the Commissioner detennines that the actions taken by 1\l"P pursuant to this

Trading Agreement and Order have not successfully corrected all violations, fully

characterized the extent or degree of any pollution, or successfully abated or prevented

pollution, the Commissioner may institute any proceeding to require NP to undertake

funher investigation or funher action to prevent or abate violations or pollution.

25. NP's obli£ations under law. Nothing in this Trading Agreement and Order shall relieve

NP of other obligations under applicable federal, state and local law.

26. No assurance bv Commissioner. No provision of this Trading Agreement and Order

and no action or inaction by the Commissioner shall be construed to constitute an

assurance by the Commissioner that the actions taken by NP pursuant to this Trading

Agreement and Order will result in compliance or prev~nt or abate pollution.

27. Access to facilitv. Any representative of the Department of Environmental Protection

may enter the facility without prior notice for the purposes of monitoring and enforcing

the actions required or allowed by this Trading Agreement and Order.

28. No effect on ri2hts of other persons. This Trading Agreement and Order neither creates

!lor affects any rights of persons or municipalities that are not parties to this Trading

Agreement and Order.

29. No Creation of Propertv Rights. This Trading Agreement and Order does not create

any property rights with respect [0 these DERCs.

12
Norwalk Power LLC Trading Agreement and

Order Noo 8218A

oJ

u

30. Notice to Commissioner of chanees. Within IS days of the date 1\'1' becomes aware of

a change in any information submined to the Commissioner under this Trading

Agreement and Order, or that any such information was inaccurate or misleading or

that any relevant information was omitted, NP shaH submit the correct or omitted

information to the Commissioner.

I

31. Notification of nonc"3mpliance. In the event that NP becomes aware that it did not or

may nO[ comply, or did not or may not comply on time, with any requirement of this

Trading Agreement and Order or of any document required hereunder, 1\T}' shall

immediately notify by telephone the individual identified in the next paragraph and

shall take all reasonable steps to ensure that any noncompliance or delay is avoided or,

if unavoidable, is minimized to the greatest extent possible. Within five (5) days of the

initial notice, !\rp shall submit in writing the date, time, and duration of the

noncompliance and the reasons for the noncompliance or delay and propose, for the

review and written approval of the Commissioner, dates by which compliance will be

achieved, and NP shall comply with any dates which may be approved in writing by the

Commissioner. Notification by NP shall not excuse noncompliance or delay, and the

Commissioner's approval of any compliance dates proposed shall not excuse

noncompliance or delay unless specifically so srated by the Commissioner in writing.

32. Submission of documents. Any document required to be submitted to the

Commissioner under this Trading Agreement and Order shall, unless otherwise

specified in this Trading Agreement and Order or in writing by the Commissioner, be

directed to:

~o ~chaelL2f1eur

Department of Environmental Protection

Bureau of Air Management

Emissions and Credit Trading Section

79 Elm Street

Hartford, Connecticut 06106-5127

13
Norwalk Power LLC Trading Agreement and

Order No. 8218A

NP consents to the issuance of this Trading Agreement and Order without funher nmice. The

undersigned cenifies that he/she is fully authorized to enter into this Trading Agreement and Order

and to legally bind NP [0 the terms and conditions of the Trading Agreement and Order.

Norwalk Power, Inc.

(l__£c:/td~ .'Arthur J. Rocque, Jr.

. :~);;OmmiSSiOner

. / , , .:.,./

,2003

Issued as a final order of the Commissioner of Environmental Protection

1&,) 36

J

on

CITY OF NORWALK LAND RECORDS

MAILED CERTIFIED MAlL,

RETURN RECEIPT REQUESTED

Cenified Document No.

I

, ...-'

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