STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

STATE OF CONNECTICUT

AND

US Navy Submarine Base

New London

l TRADING AGREEMENT AND ORDER NO. 8112

l

)

)

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

States Naval Submarine Base, Groton ("SUBASENLON") 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 emissions reduction credit ("ERes") trading ("creation" and "use") 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 SUBASENLON, the Commissioner finds the

fOllowing:

1. SUBASENLON is a branch of the United States government that owns and

operates a Naval Submarine training and maintenance facility at Groton,

Connecticut ("facility").

2. At the facility, SUBASENLON operates the following fuel-burning equipment:

two (2) diesel powered electric generators #29 and #519 ("generators"); six (6)

steam boilers #Is, 1,2,3,4, and a #325 Kewanee ("boiler(s)"); and a heat

recovery gas turbine ("turbine").

3. Pennit #0096, for the heat recovery gas turbine is incorporated into this order by

reference and is attached hereto as Attachment A.

4. The items of fuel burning equipment identified in paragraph A.2. above, are

subject to Section 22a-174-22, Regulations of Connecticut State Agencies

("Regulations") pertaining to the control of NOx emissions.

Initials ..;:..~4-'--- (Printed on Ree:J:~d Plpcr) /-.J 79 Elm Strecl • Harl[ord, CT 06106 - 5127

tillp:lldcp.5111C.CI.u5

A.n Equal OpporrlJ.niry £mplo)'u

5.

6.

7.

The heat recovery gas turbine identified in paragraph A.2. above is also subject to

Section 22a-I74-3(k)(I)(B) of the Regulations pertaining to requirements for

NOx internal offsets.

Based on manufacturer's rating data submitted by SUBASENLON, the emission

rate for diesel generators #29 and #519, when firing #2 oil, is 18 and 19 grams

of NOx per brake-horsepower hour respectively. When operated, these

generators produce NOx emissions in excess of the 8 grams of NOx per brakehorsepower hour emission rate limit specified in Table 22-2 of Section 22a-174-

22 of the Regulations.

SUBASENLON proposes to compensate for the excess NOx emissions from

diesel generators #29 and #519 through the use of ERCs pursuant to Section 22a174-22G) ofthe Regulations. SUBASENLON proposes to obtain the required

ERCs by a combination of: (a) Purchasing ERCs, and (b) using a portion of the

em's on reductions from modification to boilers #1, 2 and 3 in accordance with

Date ';'-~7-'i'i

·

.,

,

•

i

,

,

;

f

,

,

1

'i

i

•

•

;

,
NAVAL SUBMARXNE TP~!t~ AGREEMENT &~ ORDSR NO. 8112

paragr:lph A.9. to create NOx internal offsets as required pursuant to Section

22a-174-3(k)(J)(B) of the Regulations and (c) provide the remaining balance of

emission reductions from boilers #1, 2 and 3 in accordance with paragraph A.9.

to create ERCs.

8. SUBASEm..ON proposes to create ERCs and NOx internal offsets based on the

following fuel burning improvements made to the operation of Boilers #1, 2 and

3:

a. Fuel switching - 1991 conversion from #6 oil to cleaner burning #2 fuel

oil and natural gas; and

b. Burner modification - 1996 installation of low-NOx burners .

9. SUBASENLON proposes to apponion these su:p1us emission reductions to

create: (a) ERCs for diesel generators #29 and #) 19, and (b) NOx internal offsets

for the heat recovery gas turbine. The apportionment of emissions reductions to

ERCs and internal offsets will be based on calculations shown in this Trading

Agreement and Order, the internal offset calculations in Permit #0096, and the

following schedule:

a. .£..B..C1- Prior to turbine start up, create ERCs durin$ operation of boilers

#1,2, and 3 based on the difference between the baselIne Reasonably

Available Control Technology (RACT) limit 0.225 IbsiMMBtu for

switching from #6 oil to #2 oil and natural gas (Section 22a-174-

22(f)(3)(B)) and the Depanment of Environmental Protection (DEP)

approved stack test results for the 10w-NOx burners, and;

b. After turbine start up, create ERCs during operation of boilers #1,

2, and 3 based on the difference between baseline permit #0096 limit

0.15 IbsJ1vfMBtu for #2 oil and natural gas and the DEP approved stack test

results for the low-NOx burners.

c. Internal offsets - After turbine stnrt up, permanently=Sec aside internal

offsets from the operation of boilers #1, 2, and 3 on a one-to-one basis

based on the difference between the historical baseline RA.CT

.0.25 IbslMMBtu on #6 fuel oil and the permit #0096 limit of

0.15 Ibs/tylj\1Btu.

-2- Date

10. Diesel generators #29 and #519, depending on emissions and operating schedule

are subject to either (a) ERCs required for "mass" emissions units on ,a monthly

basis or (b) ERCs re~uired for "peaking" units on a ozone season basiS, !h~se

units are considered' peaking units" when their total peak daily NOx emISSions

are greater than three (3) times their average daily emissions during the ,ozone

season. Therefore, they are sub/'eet to the Credit Trading for Sources WIth

Irregular NOx Emissions guide ioes ("peaking protocol") incorporated into this

ofder by reference (Attachment B). The emiSSions calculated in accordance with

the appropriate emissions prococols are as follows:

a. During the period June I. 1995 through M:w 24. 1996. the NOx

emissions from diesel generating units #29 and #519 were 19.65 tons

[otal(14.8 tons peak ozone and 4,85 tons non-ozone).

Initial~~~~__
NAVAL SUBMARINE T?ADING AGREEMENT AlID ORDER NO. 8112

b. During the period Mav 25.1996 through December 31. 1996.

SUBASENLON used diesel generator #29 as an emergency generator

only, therefore generator #29 was exempt from RAeT requirements for

that period. Diesel generator #S 19 had 0.26 tons (0.04 ozone and 0.22

non-ozone season).

c. On :lnd after Januarv 1. 1997. SUBASENLON proposes to retum

diesel generator #29 from emergency generator status to an electrical

power producing peaking unit.

d. During the period Januarv 1. 1997 through December 31. 1997. the

actual quantity of approved ERCs required for operation of #29 and #519

diesel generators were 6.98 tons total (5.5 total tons on a peak. basis during

the ozone season and 1.48 tons total in the non-ozone season).

e. On and after March 18.1998 based on DEP approval of official stack

testing conducted November 4, 1997, #29 diesel generator meets the

emission limits in Table 22-2 emission limits in Section 22a-174-22 of the

Regulations.

f During the period Januarv 1. 1998 through April 30. 2003. the

anticipated quantity of approved ERCs required annually for operation of

#519 diesel generator is approximatly 5.7 tons total (4.7 total tons on a

peak basis during the ozone season and 1.0 tons total in the non-ozone

season).

The actual excess emissions will be calculated each year.

11. Pursuant to Section 22a-174-22G) of the Regulations, SUBASENLON has

purchased or created the following ERCs:

a. On Mav 24. 1996, pursuant to Section 22a-174·22(j) of the Regulations,

SUBASENLON purchased 26 tons of approved ERCs to be used to

compensate for excess NOx emissions from #519 and #.29 diesel

generators since May 31, 1995.

b. .On March 15. 1997. SUBASENLON purchased an additional 19 tons of

'approved ERCs to be used to balance the anticipated excess NOx

emissions from #29 generator's electrical power producing service (see

paragraph A.10.c. above) until SUBASENLON can create a sufficient

quantity ofERCs to become selfsustaining (see paragraph C.6. below).

c. SUBASENLON seeks approv:l1 for:

During J:lnuarv 1. 1996 through December 31. 1996. a total of

31.3 tons of discrete ERCs (14.2 tons ozone season and 17.1 tons

non-ozone season) created using boilers 1,2, and 3 in accordance

with paragraph A.9. above, and; .

During Janu:lrv 1. 1997 through December 31. 1997. a total of

12.81 tons of discrete ERCs (1.7-l tons ozone season and 11.07

I.

II.

Initialsk -3- Date
·

NAVAL SUBMARINE T~DING AGREEMENT A}ID ORDER NO. 8112

tons non-ozone season) created using boilers 1,2, and 3 in

accordance with paragraph A.9. above.

These ERCs are net marketable ERCs after applying the following

discounts. The Depanment requires that ERCs created be discounted to

guarantee the achievrnent of environmental goals. The ERCs created by

SUBASENLON have been discounted as follows:

l. a 10% discount to benefit the environment; and

11. a 10% discount factor due to the use ofstack tests in lieu of

Continuous Emission Monitoring (CEMs) to verify emissions

reductions.

12. Upon review and approval of the emission reduction credits by the

Commissioner, the emission reduction credits will conform to the requirements of

Section 22a-174-22G) of the Regulations. Specifically, the reductions are:

Real because they 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 are properly measured, recorded and reported.

Quantifiable because they are based on: (a) fuel switching; and (b) approved stack

tests before and after installation of the low-NOx burners as applied in an

appropriate reliable and replicable protocol, providing a rate and total mass

amount of reduction.

Surplus because they are not required by any Connecticut statute or regulation

mandated by a current State Implementation Plan (SIP), and are not currently

relied upon in any applicable attainment plan, any reasonable further progress

plan or milestone demonstration.

Permanent because the low NOx burners are in place and operating and an

appropriate tracking system is in place to monitOr use of ERCs;

Enforceable because the ERCs are approved by the Commissioner

retrospectively.

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

Order, pursuant to Section 22a-t 74-22(d)(4) of the Regulations, hereby allows for the

use and creation of approved ERCs for purposes of comptia.'lce under Section 22a-174-

22(j) of the Regulations to achieve a portion of the nitrogen oxide emission reductions

required by this Regulation and as follows:

1. Approval of SUBASENLON ERCs created. The Commissioner hereby approves

use of:

a. 31.3 tons (14.2 tons ozone season and 17.1 tons non-ozone season)

of discrete NOx ERCs created during the period January 1, 1996,

through December 31,1996, and;

IniLial~~~~ _ -4-
NAVAL SUBMARINE TRADING AGREEMENI A}ID ORDER NO, 8112

b,

a.

c.

b,

12.81 tons (1.74 tons ozone season and 11.07 tons non-OZQne

season) of discrete NOx ERCs created during the period January

1,1997, through December 31,1997.

These ERCs are shown in SUBASENLON's creation spreadsheet and

incorporated by reference into this Trading Agreement and Order (See

Att:lchment C). Such ERCs are approved, in accordance with this Trading

Agreement and Order for purposes of compliance with Sections 22a-174-220)

and 22a-\ 74-3(1)(5) of the Regulations,

2. Approval QfSUBASENLON future ERCs created. Voen sufficient

documentation that SUBASENLON has met the requtrements QfParagr:lphs

C.6. through C.9., inclusive, of this Trading Agreement and Order, the

Commissioner may provide written approval of ERCs created by SUBASENLON

retrospectively, in addition to those created by paragraph B.1. above. Requests

for approval of all subsequent ERCs created shall be submined in writing to the

Commissioner, Approved ERC, created by SUBASENLON may be held or

transferred to other sources. Discrete ERCs shall remain valid until they are used

or through April 30, 2003, whichever occurs first.

C. With the agreement of SUBASENLON, the Commissioner, acting under Connecticut

General Statutes Sections 22a-6, 22a-171, 22a-174, 22a-176, and 22a-177, orders

SUBASENLON as follows:

1. ERCs Required ruse). SUBASENLON shall acquire and or create and use

approved ERCs, as required in this Trading Agreemeot and Order. Approved

ERCs shall be used for the period beginning Juoe I, 1995 and continuing until

SUBASENLON achieves permanent compliance with the emission standards in

Section 22a-174-22(e) of the Regulations, through April 30, 2003, whichever is

earlier, subject to the following requirements:

Prior to the Commissioner's initial approval of ERCs created on site, use

only '·purchased" approved ERCs to compensate for excess NOx

emIssions from #29 and #519 generators; :

After the Commissioner's approval ofERCs created on site,

SUBASENLON may use any combination of approved ERCs either

'created by SUBASENLON or purchased from other approved sources.

Approved ERCs for use in the ozone season must be "owned" by

SUBASENLON prior to the ozone season. Approved ERCs for use in the

non-ozone season must be "owned" by SUBASENLON prior to their use.

2. Prior to May 1,2003, SUBASENLON, during operation of each generator, shaH

not exceed the full load emission Rates (FLERs), as shown in Table 1 below.

!nitia1S~ -5- Dace
NAVAL SUBMARINE TPAQING .¥JREEMENI AND ORDER NO. 611,

Table I

ERe USE

SUBASENLON· FLERS AND NO:,: EiYDSSrON RATES

UNIT FUEL FUR ••• Stack Test "RACT"

Rale Rate" Rate Limits

(gmIIlP.h,) (gm!HP·h,) (gmIHP·hr)

Unit #29 #2 oil meets Table 22-2 7.8~" 8

Genentor limiu Sl:l.rting

3118198

Unitil519 il2 oil 24.63- 23..46- 8

Generator

••

...

Stack testing conducted [1/4/97 showed emission rate e;(ceeds Table 22·2,

Section 22a·17~·22 of the Regulations. FLER of 19.8 gm/Hp-hr used from 6/1/95

to 12131/97 for ERC.i required Wltil stack testing conducted.

Fl..ER and stack emission rates may be revised upon successful completion of

approved stack tests and the Commissioner's m-iew and written approval.

FLER of 18.9 gmIhr based on the #29 MFG n.ting (18 grnIHP·hr) was used

6/1/95 to 3/18198 for ERes required until stack testing conducted. Stack testing

conducted 11/4197 showed unit #29 meets Table 22-2 limits.

3. SUBASENLON shall calculate, obtain and permanently retire a quantity of

approved ERCs equal to any excess NOx emissions during any period(s) since

June 1, 1995 when the NOx Emissions have exceeded the limItS set forth in

Section 22a-I74-22 of the Regulations. If it is determined in the future that diesel

generators #29 andlor #519 were operated such that the FLERs shown in Table 1

were exceeded, SUBASENLON shall calculate, obt.ain and permanently retire a

quantity of approved ERCs equal to at least double (2:x) the excess NOx

emissions resulting from such exceedance of the FLER. In addition, except as

otherwise provided in Paragr~ph C.S. below, if SUBASENLON fails to have

sufficient approved ERes on hand prior to use, SUBASENLON shall obtain and

pennanently retire a quantity of approved ERCs equal to at least double (2x) the

amount of ERCs calculated pursuant to Pnragraph CA. below.

4. June Ii 1995 through April 30.2003 - To comply with the NOx emission

reductions required pursuant to Section 22a-174·22G) of the Regulations,

SUBASENLON shall prior to each ozone season, anticipate if the maximum peak

emissions will exceed three times the average daily emissions for the upcoming

ozone season and select to operate #29 andlor #519 diesel generators as either a

Mass emissions unit(s) or Peaking emissions unit(s) and calculate and have on·

hand sufficient approved ERCs as follows:

for a Mass emissions unit (non peaking) prior to each month, ERCs

required to offset 'excess emissions for generators # 29 and # 5 I9

on a Mass basis, or;

for a Peaking unit, prior to the ozone season ERCs required to

offset excess emissions from Unit #29 and #519 generators in

accordance with Credit Trading for Sources with Irregular Ox

Ca) r .·r

Cb)

InitialS~ -6- Date
..

NAVAL SUBMARINE TRADING AGREEMENT AND ORDER NO. 8112

Date

Emissions guidelines. Table 1 above, the requirements of

Par:lgr.:lph C.5. below,' and the following:

(c) Anticipated ERCs Required Mass Basis· Prior to each month,

SUBASENLON shall estimate anticipated ERCs in tons required on a

mass basis for #29 and #519 generators during the entire ozone season:

ERes (tons) on a mass basis = [Number ofozone months x gal/month x

heat input in MMBtuigal x (FLER FamslHP-hr - (RACT in grams/HP-hr

x 0.9j·)) x UF." x HP-hr/O. 002) 44 MMBtu r Ibsl4H6 grams] + 2000

pounds/ton.

• 5'10 design margin

•• Manufact'.lf'er's e:l.gine efficiency'"' j4"1o for if29 and

37% for #519.

Cd) Anticipated ERCs Repuired Peak-Dailv basis - SUBASENLON shall

calculate and have on hand prior to the stan of the ozone season at least

the quantity of anticipated ozone season peak-dar. ERCs in tons by

dividing one~third ofthe maximum estimated daIly ERCs (tons) on a mass

basis converted to Rounds, adjusted for the ratio of operating hours e.g"

maximum estimated hours/24 hr· and divided by 13) as follows:

ERCs (tons) peak-day basis = [(maximum doily ERCs on a mass basis in

pounds x maximum estimated hours/2-1 hr· ratio a/operating hours)-':-3) +

13 pounds/dayiton.

• Adjusted for #:S 19 unit only

Ce) Actual ERCs - SUBASENLON shall determine and retire sufficient

approved ERCs to offset excess emissions during the appropriate time

period by repeating the calculations in paragr:lphs C.4., (a) through (d)

above, using actual fuel use. The actual approved ERCs will be the ERCs

calculated on the basis of:

(i) For mass emissions, at the end of each month, the actual "Mass"

ERCs required for that month, or;

'(ii) FQr peaking emissions. at the end of the ozone season., the greater

of: Total actual "Mass" ERCs required during the entire OZQne

season or the ma:'::imum individual "Peak.~day" ERCs required on

any predicted ozone alert day.

To the extent that the number of ERCs used to offset peak day emissions exceeds

the total mass of excess NOx emissions for the OZQne seasQn, the remaining mass

value ofsuch ERCs may be carried forward fQr use in the winter (non-ozone

season). Any unused ERCs may.be carried forward through April 30. 2003

eXcept as may be limited by this Trading Agreement and Order, or by regulation.

Note: If the anticipated method of operatiQn was incorrect and/or insufficient

apprQved ERCs were on-hand as required, a premium in accordance with

paragraph C.3. shall be required immediately.

InitialS~ -7-
NAVAL SUBMARINE TRADING AGREEMENT AND ORDER NO. 8112

5. Except as described in paragraph C.S.a. and C.S.b. below, SUBASENLON

shall acquire sufficient approved ERCs to assure that an adequate number of

approved ERCs for use during the ozone season are available prior to each month

(or prior to the start afthe ozone season for peaking units) and prior to use during

the non-ozone season as follows:

a. For the Period ofJune 1. 1995 through M3V 24.1996. SUBASENLON

shall retire a sufficient quantity of approved ERCs to offset excess

emissions from #29 and #519 diesel generator.5, ~an additional ten

(10) percent premium for having passed the December 31, 1995 deadline

without owning ERCs prior to use.

The peak. emissions for #29 and #519 diesel generators during this period

were 21.69 tons (16.3 tons ozone and 5.34 tons non-ozone) (includmg the

10% premium for the period from December 31, 1995 through May 24,

1996, when SUBASENLON first purchased ERCs).

b. From Mav 25,1996 through December 31. 1996, During the period

March 1996 to October 1996, #29 was used on an emergency generator

status only. Unit #519 was not operated on any ozone days predicted by

the DEP to be unhealthful.

The 1996 mass emissions for #29 and #519 were 0.26 tons (0.04 tons

ozone and 0.22 non-ozone).

c. From Januarv 1. 1997 through December 31. 1997,

During the period January 1, 1997 through December 31, 1997 mass

emissions for #29 and #519 were 6.98 tons (5.5 tons ozone and 1.48 nonozone).

d. From Januarv 1. 1998 through April 30. 2003, Based on 1995 fuel use

data, the approved ERCs required annually for the 1998 - Apri130, 2003

operation are anticipated to be 5.7 tons total (4.7 tons total on a ~eak. basis

(based on 0.71 tons mass) during the ozone season and .:1.0 tons m the nonozone season. (See SUBASENLON spreadsheet Attachment D).

At the end of each calendar year, the actual excess emissions will be calculated

for such year. The calculation of excess emissions shall be included in the annual

report required in Paragraph £.2. of this Trading Agreement and Order.

6. ERe Creation. SUBASENLON may create ERCs resulting from the installation

of 10w-NOx burners, using the emission reductions generated. by low-NOx

burners for boilers #1, 2, and 3 in accordance with the followmg:

a. Prior to startup of the ~ew turbine on April 3, 1997, ERCs created will

be based on the difference between baseline RACT (0.225 IbslMMBtu)

and the approved boiler stack test emission results shown in Table 2

below;

Initial -8- Date
NAVAL SUBMARINE TRJl.DING AGREEMENT NJP ORDeR NO, 8112

b, After the startup of the new rurbine, ERCs created will be based on the

difference bet\\leen the baseline permit limit (O.151bs/lv:l1vIBru) and the

approved boiler stack test emission results shown in Table 2 below.

Table 2

ERC CREAnON

SUBASE.NLON TRADING SET - RAer A.1'fD MOx El\tIISSION RATES BASELIJ.'fES

UNIT FUEL Stack Tut RACT Pennit

R:l!e·· "Baseline" "Baseline"

(lbll\ttMBru) Limits Limits·

#2oiUNat.G:u ( IbflvOv(Btu) (lbfl'v1J'vffiru)

Boiler 1 #2oiliNat.Gas 0.143/0.126 0.225 0.\5

Boiler 2 #2oiliNat.Gas O.144fO.099 0,225 0.15

Boiler 3 #2oi1fl'.lat.Gas 0.134/0.076 0.225 0.\5

•

••

c,

Creation "baseline" will be:

(i) before turbine start up • RAeT (0.225 IbslM!v1Btu)

(ti) after startUp' permit limit (0.15 IbslMIv1Btu).

(iii) For boiler #2 we stack test results 0.162/0.095 (TOm 3/1196 to 4/1197

The dates for low~NOx burners installation and start up of the heat

recovery gas turbine are shown in Table 3 below.

Table 3

Low-NO:o.: BURNER mSTALLATION AND TURBINE STARTUP DATES

UNIT Date

Boiler I 8/6/96

Boiler 2 3n196

Boiler 3 1/1/96

Turbine Start up MJ/97

d.

e.

The creation discount will be applied to the total ERCs created (10%

environmental benefit and 10% for creation based on approved stack

·tests); and

The request for approvals for E'RCs created shall be submitted in writing

including supporting documentation to the Commissioner. After approval

in writing by the Commissioner, SUBASENLON may use the approved

ERCs to compensate for #519 and #29 diesel generator excess emissions

or may make the ERCs available to other sources.

7. SUBASENLON shall calculate ERes created from using boilm #1. 2 and 3. in

accordance with paragraph A.9. above, as follows: .. r

a. Prior to turbine start up.

Initial -9- Date
"

"

NilVIIL SQBMARINE TRP~ING AGREEMENT 8}ID ORDER NO. &112

Monthly ERCs (tons) [(fuel use gal/month x heal input MMBtuigal x

(RACT baseline limit' in IblMMBtu - stack test" in IblMMBtu)) -;. 2000

pounds/ton] x 0.90 x 0.90'"

•

••

•••

RAeT baseline =0.225 IbslrvUvlBru prior to turbine start up (See Tabl~ 2)

Stack test (see Table 2)

Credit cre::nion distounL (Based on lO% for environment x 10% for stack test)

b. After turbine st<lrt up

Monthly ERCs (tons) 2 [(fuel use gaVmonth x heat input MMBtuigal x

(Permit limit' in IblMMBtu - stack test" in IblMMBtu)) -;. 2000

pounds/ton]x 0.90 x 0.90·"

•

..

... Permit baseline limit - 0.15 IbsIMMBru after turbine start up (see Table 2)

suck test (see Table 2)

Credit creation discount (Based on 10"10 for envi....onment x 10-;. for stack test)

8. The above calculations shall be performed on forms prescribed by the

Commissioner for each boiler and generator using actual fuel consumption records.

9. SUBASENLON shall document, record, and maintain records of fuel type, fuel

consumption, heat input, and NOx emissions for boilers #1, 2, and 3, and the

rurbine on a monthly basis. (Record keeping requirements for internal offsets are

described in Permit #0096). Records for generators #519 and 29 shall be

maintained on a daily basis (required for the peaking protocol).

10. SUBASENLON shall obtain and maintain information from the DEP's Daily

Ozone Forecast report to determine air quality days for the purposes of

calculating peak-daily emissions requirements as described in Attachment B.

II. SUBASENLON shall maintain documentation regarding the number of ERCs in

its possession, created, purchased and used each month, as well as to attest to the

fact that approved ERCs used in the ozone season were created:during the ozone

season. All records shall be maintained in accordance with Section 22a-174-4 and

22a-174-22 of the Regulations and shall be provided to the Commissioner within

thirty 00) days of receipt of a written request from the Commissioner.

12. SUBASENLON shall maintain documentation of maximum daily emissions,

average daily emissions and maximum peak emissions during the ozone season

for comparison of mass or peak status and calculate acrual ERCs in accordance

with paragraph C.4. of chis Trading Agreement and Order.

-10- Date

D. Restrictions

When ooerating on an anticipated peak basis during the QZQne season.

.S!:JBASENLON shall restrict the operating hours for unit #519 generator to th.e

anticipated number of hours per day or shall be subject tQ the 2x penalty premIum

for the quantity emissions in excess of the anticipated hours.

E. Olher Requirements.

InitialS~
.'

.'

NAVAL SUBMARINE TPAQING AGREEMENT ~ND ORDER NO, 6112

1. No later than 30 days after the execution of this Trading Agreement and Ordec

SUBASENLON shall develop and submit an ERC Creation Report showing

actual fuel use, emissions and ERCs created by boilers #1, 2 and 3 for the months

of: June, July, August, and September 1996, using the calculations specified in

this Trading Agreement and Order.

In requesting approval of creation aruse ofERCs, SUBASENLON shall provide

documentation containing monthly operating cepom of actual fuel use for the

boilers, emissions, and a calculation ofERCs created using the appropriate

baselines before or after the new turbine start up shown in Table 2 and the lowNOx burner installation and turbine start up date shown in Table 3.

2. No later than 30 days after the execution of this Trading Agreement and Order.

for the years 1995, 1996, and 1997, and no later than March 1, of 1999, 2000.

2001,2002,2003, and 2004, or until this Trading Agreement and Order is

tenninated, SUBASENLON shall submit to the Commissioner an annual report

on approved NOx ERCs sold as well as those used by #519 and #29 generators,

including the quantity of fuel consumed, by type, by each boiler and generator

during the previous calendar year. This report shall include a description of the

e),rtent to which compliance with the requirements of this Trading Agreement and

Order was achieved for #519 and #29 generators for each month and ozone

season. These reports shall be on fonns prescribed by the Commissioner.

3. SUBASENLON 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.

4. On or before Seotember I. 200?, SUBASENLON shall submit a report indicating

how the Naval Submarine Base facility shall comply with Section 22a-174-22 of

the Regulations after April 30, 2003.

5. Definitions. As used in this Trading Agreement and Order, "Commissioner"

means the Commissioner of Environmental Protection or an agent of the . Commissioner. Approved ERCs are defined for purposes of this order as those

for which the Commissioner has provided wrineo authorization for use in

compliance with Section 22a-174-22 of the Regulations. "Ozone season" means

the period from May I through September 30 in any given calendar year.

6. Notification of noncompliance. In the event that SUBASENLON becomes aware

that it did not or may not 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, SUBASENLON shall immediately notify the Commissioner 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. In so notifying the

Commissioner, SUBASENLON shall state in writing the reasons for the

noncompliance or delay and propose, for the review and written approval of the

Commissioner, dates by which compliance shall be achieved, and

SUBASENLON shall comply with any dates which may be approved in writing

by the Commissioner. Notification by SUBASENLON shall not excuse.

noncompliance or delay, an.d the Commissioner's approval of any compliance

dates proposed shall not excuse noncompliance or delily unless specifically so

~eCommissioner in writing,

Initials -11- Date -+-,27·,/9
WIVAL SUBMARINE TRADING AGREEMENT AND ORDER NO. 8112

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

notice, which is required to be submitted to the Commissioner under this Tradino

Agreement and Order shall be signed by the chief executive officer of .=>

SUBASENLON or a duly authorized representative ofsuch officer, as those

terms are defined in Section 22a-430-3(b)(2) of the Regulations, and by the

individual or individuals responsible for acrually preparing such document, each

of whom shall examine and be familiar with the information submitted in the

document and all attachments thereto, and shall make inquiry of those individuals

responsible for obtaining the information to determine that the information is true,

accurate, and complete, and each of whom 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 certify that based on reasonable

investigation, including my inqUiry of those individuals responsible for obtaining

the infonnation, the submitted Information is true, accurate and complete to the

best of my knowledge and belief. 1 understand that any false statement made in

the submItted information may be punishable as a criminal offense under Section

22a-l75 of the Connecticut General Statutes or, in accordance with Section 22a-6

of the Connecticut General Statutes, pursuant to Section 53a-157b of the

Connecticut General Statutes, and in accordance with any other applicable

stafilte."

8.

9.

10.

Final Agreement and Order. This Trading Agreement and Order is the final

agreement and order by and between the Commissioner and SUBASENLON with

respect to the matters addressed herein, and shall not be modified without the

written agreement of both parties.

False statements. Any false statement in any information submitted pursuant to

this Trading Agreement and Order may be punishable as a criminal offense under

Section 22a-175 of the Connecticut General Statutes or, in accordance with

Section 22a-6, under Section 53a-157b of the Connecticut General Statutes.

Notice of transfer: liabili'v of SUBASENLON and otbers Until SUBASENLON

has fully complied with this Trading Agreement and Order, SUBASENLON sball

notify the Commissioner in writing no later than fifteen (15) days after

transferring all or any portion of the facility, the operations, the site or the

busines's which are the subject of this Trading Agreement and Order, or obtaining

a new mailing or location address. My license transfer shall be conducted in

accordance with Section 22a-60 of the Connecticut General Statutes.

SUBASENLON'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. Any future owner of the site may be subject to the issuance of an

order from the Commissioner.

-12- Date '/n-99

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

affect the Commissioner's authonty to institute any proceeding or take any other

action to prevent or abate violations oflaw, prevent or ab~te poll~tion,. recover

costs and natural resource damages, and to impose penalties .for Violations of law

which are willful or criminally negligent or for which penalties have not been

specifically provided in this Trading Agreement and Order, including but not

limite to violations of any permit issued by the Commissioner. If at any time the

II.

Initials -sj~~t~
·'

"

NAVAL SUBMARINE TRADING AGREEMENT AND ORDER NO. 811<

Commissioner determines that the actions taken by SUBASENLON pursuant to

this Trading Agreement and Order have not fully achieved compliance with

Section 22a-174-22 of the Regulations, the Commissioner may institute any

independent proceeding against SUBASENLON and/or require SUBASENLON

to undertake further investigation or further action.

12. SUBASENLON's obligations under law. Nothing in this Trading Agreement and

Order shall relieve SUBASENLON of other obligations under applicable federal,

state and local law.

13. Access tQ records and facilitv. Any representative of the Depanment of

Environmental Protection may enter the facility and inspect and copy records

within normal business hours without prior notice for the purposes of monitoring . and enforcing the actions required or allowed by this Trading Agreement and

Order.

14. No effect on rights of other persons. This Trading Agreement and Order shall

neither create nor affect any rights of persons who or municipalities which are not

parties to this Trading Agreement and Order.

15. No creation ofpropertv rights. This Trading Agreement and Order does not create

any property rights with respect to these ERCs.

16. Notice to Commissioner of changes. Within fifteen (15) days of the date

SUBASENLON 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 infonnation was

omined, SUBASENLON shall submit the correct or omined infonnation to the

Commissioner.

17. Submission of documents. Any document required to be submined to the .

Commissioner under this Trading Agreement and Order shall, unless otherwIse

specified in writing by the Commissioner, be directed to:

Mr. Roland L. Severance, Jr., P.E.

Depanmem of Environmental Protection

.Bureau of Air Management

Compliance and Field Operations Division

Emissions Trading Unit

79 Elm Street

Hartford, Connecticut 06106

InitialS~

-13-

Date 10·99
0'

,-

NAVAL SUBMARINE TRADING AGREEMENT ~~ ORDER NO, 6112

SUBASENLON consents to the issuance of this Trading Agreement and Order without further

notice. The undersigned certifies that he/she is fully authorized to enter into this Trading

Agreement and Order and to legally bind SUBASENLON to the tenns and conditions of the

Trading Agreement and Order,

By the United States Naval Submarine Base New London ("SUBASENLOW)

Signarure: :::;il~~~~~~~t+---

Type Name: ~alJl"UJ.J"""tLbd!J=lUL...."",,-N!,,-·

Type Title: Commanding Officer

Date: J/. ,27, qq

Issulas.. .aPJk~l consent order of the Commissioner of Environmental Protection

on~D,1999,

TOWN OF GROTON

LAND RECORDS

MAlLED CERTIFIED ivlAJI.,

RETURN RECEIPT REQUESTED

Certified Document

-14 -

D:'AD.\fSJ.SFIORDERIFTN.-I1.0RD13/1 ! -CDR. iYPD