STATE ,OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the matter of

The State of Connecticut

and

Pfizer Inc.

)

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l

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TRADING AGREEMENT AND

ORDER NO. 8093B

WHEREAS, the Commissioner of Environmental Protection ("Commissioner") and Pfizer

Inc. ("Pfizer"), having agreed to the terms and conditions set forth in Trading Agreement and

Order No. 8093A issued on April 29, 1999, do now, by mutual agreement, supersede said

Trading Agreement and Order as follows:

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

79 Elm

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Pfizer is a corporation which owns and operates a pharmaceutical production and

research facility at Eastern Point Road, Groton, Connecticut ("facility").

At the facility, Pfizer operates six (6) dual-fuel fired steam boilers ("boilers"),

numbered 1, 2, 3, 4, 5, and 8. Pfizer is currently op~rating pursuant to Trading

Agreement and Order No. 8136 to address excess NOx emIssions from boilers 1,

2 and 3. Boilers 4, 5 and 8 were projected to emit 925 tons per yep.r of NOx

between June I, 1995 and May 31,1996. Pursuant to Section 22a·174-22,

Regulations of Con.necticut State Agencies ("Regulations"), the projected NOx

emIssions for boilers 4,5, and 8 for that same time period was 632 tons

(equivalent to 0,25 pounds per millionl3ritish thennal units ("lbsIMMBtu") of

heat input ).

In 1996, low-NOx burners, flue gas recirculation and natural gas burning . capability were installed on/added to boilers 4, 5 and 8, thereby reducing said

bollers' NOx emission rates below their 1995 emission rates. Emission

reductions achieved through the installation of low-NOx burners, flue gas

recirculation and the burning of natural gas are eligible, pursuant to Section 22a174-220)(3) of the Regulations, to be considered surplus emissions reductions for

purposes of generating discrete emission red.uction credits ("DERCs"). Separate

continuous emissions monitors ("CEMs") measure NOx emissions from each

boiler. The CEM operational trial period for boilers 4 and 5 was completed on

July 6, 1996 and on October IS, Ig96 for boiler 8.

By monitoring and controlling the combustion process of boilers 4, 5 and 8, and

by burning natural gas, Pfizer has represented that it can minimize NOx emissions

so that emissions frequently can be kept below the NOx emission limitations

established by Section 22a·174-22(e) of the Regulations. In accordance with the

tenns and conditions of this Trading Agreement and Order, Pfizer may obtain

approval of actual reductions in NOx emissions generated through combustion

control and burning natural gas for use as DERCs.

Pursuant to Section 22a-174-220) of the Regulations, Pfizer intends both to

acquire and generate approved DERCs until May I, 2003, at the facility. If

DERCs are created during the ozone season by boilers 5 and 8, Pfizer may obtain

approval for such reductjons for use as Budget discrete emission

1 / /.

(Printed on Recycled Paper) Date: _-,-'''-1--,-)..-'..7-,-'_'_''_.__ I

Street • Hartlord, CT 06106 - 5127

htfp:l/d ep.stat~.Cf. U~

A/f Eql.<al Opporll.<niry Employ~r
Pfizer Inc.

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Trading Agreement and

Order No. 8093B

reduclion credits ("BDERCs"). Approved DERCs are defined for purposes

of this Trading Agreement and Order as those for which the Commissioner

has provided written authorization for use in compliance with Section 22a174-22 of the Regulations.

Prior to receipt of approval for DERCs generated at the facility, Pfizer has

acquired 270 tons of approved DERCs for use at the facility's boilers 4,5

ana 8. Pfizer will continue to acquire DERCs on an as-needed basis. Pfizer

will provid.e an accounting of actual NOx emissions to the Depanment of

Environmental Protection (''Depanment''), based on data recorded by the

CEM:s pursuant to paragraph D.7. of this Trading Agreement and Order.

Ten (10) percent of the DERCs generated at the facility shall be retired and

permanently removed from all calculations to assure a benefit to the

environment.

When properly documented by Pfizer, and approved by the Commissioner,

the enussion reductions identified above, and as computed in accordance

with the tenns of this Trading Agreement and Order, will conform to the

requirements of Section 22a-174-22(j)(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 resultin~

from shiftin$ demand. The emission reductions will be properly rneasurea,

recorded ana 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 Implementation Plan (SIP), and are

not currently relied· upon in any applicable attainment plan, any reasonable

further progress plan or milestone demonstration.

Pennanent because the low-NOx burners, flue gas recirculation and natural

gas burning capability will be 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 the submission by Pfizer of a repon that documents

their creation.

The emissions tradina baseline ("baseline emission rate") for boilers 4,5

and 8 is 0.25 Jb~tu of heat input when operating on No.6 fuel oil, and

0.20 Ibs/M?>.1Btu of heat input when operating on natural gas. Said baseline

emission rates are based on the following aDproved stack tests completed

6/26/96-6/27/96 for boiler 4, 6/29/96 for-boiler 5 and 9/19/96-9/20/96 for

boiler 8:

Inilials: ~;j",;>,--v_(; _ 1 ///-7/·", Date: . .
Order No. 8093B

Boiler No. Emission Rate. (lbs/lv1MBtu)

4 Natural Gas 0.14

No.6 Fuel Oil 026

5 Natural Gas 0.20

No.6 Fuel Oil 0.25

8 !'Iatural Gas 0.13

, No.6 Fuel Oil 0.31

Pfizer Inc. Trading Agreement and

10. As documented in Attachment 1, attached to and incorporated by reference

into this Trading Agreement and Order, 76 DERCs and 51.2 BDERCs were

created at boilers 4, 5 and 8 between October 1,1998 and October 31, 2000

(20.9 DERCs and 51.2 BDERCs during the ozone season and 55.2 DERCs

during the non~ozone season).

11. Ten (10) percent of these DERCs and BDERCs (7.2 ozone season, 5.5 nonozone season) are retired and permanently removed from all calculations to

assure abenefit to the environment. The total available for use, after

rounding down to the nearest whole number for annual serial assignment

purposes, is 67 DERCs (18 ozone season, 49 non-ozone season) and 46

ozone season BDERCs.

B.1. The Commissioner, in accordance with the provisions of this Trading

Agreement and Order, pursuant to Section 12a-174-22(d)(3) of the

Regulations, will allow Pfizer and approved sources within Connecticut [Q

use 67 tons of NOx DERCs (18 dunng the ozone season and 49 during the

non-ozone season) and 46 tons of ozone season BDERCs referenced in

paragraph All. of this. Trading AgreeI!lent and Order (or purpose~ of

com'pliance under Secuon 22a-174-220) of the Regulauons to achieve a

poroon of the nitrogen oxide emission reductions required by Section 22a174-22. DERC creation serial numbers assigned by the Depanment to these

approved reductions of NOx emissions are provided in Table 1 of this

Trading Agreement and Order:

Initials: ...Zo:.· ~.5~''- _ 3

Date: --,1",1,..-/",J.l-,-;/'---'C" _
Pfizer Inc.

TABLE 1

Trading Agreement and

Order No. 8093B

1998 I 1999 2000

Ozone season

NOx BDERC N/A CT99/8093B(BDC) CTOO/8093B(BDC)

serial numbers NOxozl-2S NOxozl-IS

I (boilers 5 and S)

Ozone season

NOxDERC CT9S/S093B(DC) CT99/S093B(DC) CTOO/S093B(DC)

serial numbers " NOxoz1·2 NOxozl-S NOxozl-8

(boiler 4 (and

boiler 8 on~

during 199

ozone season))

I Non~ozone

season NOx CT98/8093B(DC) CT99/S093B(DC) CTOO/8093B(DC)

DERC serial NOxnozl-12 NOxnozl-14 NOxnozl-23

numbersR(~oilers

4.5 and 8

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

Trading Agreement and Order.

B.3. Upon sufficient documentation as prescribed below, the Commissioner may

provide written approval of the generation of additional DERCs by Pfizer

retrospectively. Approved DERCs and BDERCs generated by Pfizer may

be held by Pfizer or transferred to other persons in accordance with this

Trading Agreement and Order.

C. The Commissioner, in accordance with the provisions of this Trading

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

Regulations, hereby allows Pfizer to comply with Section 22a-174-22(d)(1)

of the Regulations through use of DERC trading.

D. With the agreement of Pfizer, the Commissioner, acting under Sections 22a6, 22a-171, 22a-174, 22a·176, and 22a-177 of the Connecticut General

Statutes, orders Pfizer as follows:

1. PERC 2eneration.

a. For purposes of generating DERCs from boilers 4, 5, and 8 at the

facility, Pfizer shall use 0.25 IbsIMMBtu of heat input when operating

on No.6 fuel oil and 0.20 Ibsf!'v.1}.1Btu of heat input when operating on

natural gas as the baseline emission rates for boilers 4, 5 and 8, or the

proponioned baseline emission rate set forth in foornote 1 of paragraph

D.Z. of this Trading Agreement and Order, when simultaneously

operating on more than one fuel. Pfizer shall use the above referenced

baseline emission rate(s) when calculating the proportioned baseline

emission rate. 'When calculatino DERCs, Pfizer shall use CEM~

recorded NOx emission rates* fOr boiler 4, 5 and 8 and actual fuel use

for boiler 4,5 and 8 in 1vfl'vffitulday, when detennining heat input. Ten

(10) percent of all DERCs (tons) created by boilers 4, 5 and S shall be

Initials: -i),.!-7-,'Cc.,' _ 4

Date: ~i-'.i-f/-,';.-c:'7ul;-."",,:..1__
Pfizer Inc. Tradine. Ae.reement and

OrderNo. 8093B

retired by the facility and pennanently removed from all calculations [0

assure: a benefit to the enVIronment.

Initials:

"'These rates shall be calculated pursuant to [he methodology described in 40

Code of Federal Regulations Part 60.

b. Non-ozQne Season Restrictions. Non-ozone season NOx DERCs

~enerated by Pfizer shall be created and approved in accordance with

tnis Tradin,s. ~$reement and Order, and shall remain valid until they are

used onmnl May I, 2003, whichever occurs first.

c. Ozone SeasQn Restrictions. Boilers 5 and 8 are subject to Section 22a174-22a of the Regulations ("NOx Budget Program") in 1999 and

every year thereafter. Boiler 5 and 8 may generate ozone season

BDERCs tQ comply with Section 22a-174-22 of the Regulations in

accordance with paraeraph D.l.a. and the following conditions and

restrictions: 1) BDffiCs shall only be generated by boilers 5 and 8

from May I throu~h September 30 of a given year, 2) BDERCs shaJl

only be used by otner NOx Budget Program sources located in

Connecticut, 3) BDERCs shall only be used to offset ozone season

excess emissions, and shall not be used for compliance during the nonozone season; and 4) BDERCs generated during a given year shall only

be used during the following ozone season, with the exception of

BDERCs generated durin~1999, which may be used in the 2001 ozone

season. For example, BD.l::.RCs O'enerated during the 1999 ozone

season may be used during the 2501 ozone season. However, BDERCs

generated during the 2000 ozone season may only be used durin$. the

2001 ozone season. BDERCs may be $enerated until May I, 20v3.

BDERCs are subject to all DERC reqwrements set forth in this Trading

Agreement and Order except for those requirements pertaining solely to

non-ozone season DERCs and as otherwise may be provided.

2. When boilers 4,5 and 8 have daily NOx emissions below the applicable

baseline emission rate(s), or the proportioned baseline emission rate, Pfizer

shall calculate the amount of DERCs generated, as follQws:

DERCs (tons) = {[Total heat input of all fuels in MJvlBtu x «proportioned

baseline emission rate1 ) - 1the CEM-recorded NOx emission rate2)

) ] + 2000 pounds/ton} x (0.90)."

lThis rate shall be calculated by 1) multiplying me heat input of each fuel

combusted by the baseline emission rate{s) for such fuel; 2) summing those

producu:; and 3) dividing the sum by the total heat input. If boilers 4, 5 or 8 are

operating exclusively on one fuel, Pfizer may replace the proponioned baseline

emission rate with the applicable baseline emisslOn rate for that fuel.

~his rate shall be calculated pursuant to the methodology described in 40 Code of

Federal Regulations Pan 60.

2Ten (10) percent of all DERCs (tons) created by boilers 4, 5 and 8 shall be retired

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

assure a benefit to the environment.

3. In order to consider a Daily NOx Averaging Period valid for DERC ,0/ [j 5 D . 11!;"7/'" r /J- , ate. ---'--"-_---' _
Pfizer Inc.

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Trading Agreement and

Order No. 8093B

approval, It must contain valid data hours for seventy-five percent (75%) of

the operating hours in that daily period (example: minimum 18 valid hours

for a full 24-hour operating day; minimum 12 hours for 16 operating hours,

etc.). A Daily NOx Averaging Period is defined as the total of all operating

hours in a day during which fuel is being fed to boilers 4, 5 and 8.

Additionally, for a data hour to be considered a valid hour, seventy-five

percent (759'0~ minimum data capture requirements must be met for each

one-hour block period. All NOx and CO';O, CEMs must comply with the

40 CFR Pan 60 AppendiX F drift criteria.

Pfizer shall maintain records for boilers 4, 5 and 8 showing daily NOx mass

emissions, actual NOx emission rates (24-hour average), number of

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

operating hours per day. Pfizer shall also maintain records showing a

monthly total of all DERCs generated net of the ten (l0) percent

environmental discount.

In requesting DERC approval, Pfizer shall provide documentation

comaming a sample spreadsheet with calculation fonnulas used to

determine reponed numbers; monthly operating reports. of actual fuel usage

includinr

o the fuel BTU content, number of gallons, and cubic feet used for

each fue type; daily M:MBtu for each fuel tyPe; daily NOx emission rates

(24-hour average); and DERCs generated, usmg the baseline emission

rate(s), or the proportioned baseline emission rate, net of the ten (10)

percent environmental discount.

When the daily CEM-recorded NOx emission rate is used to calculate

DERCs generated by boilers 4, 5 and 8, Pfizer shall not include missing data

calculated in accordance with any missing'data substitution procedures,

including those allowed under Section 22a·174·22a of the Regulations.

When the daily CEM:-recorded NOx emission rate is used to calculate

DERCs used by boilers 4, 5 and 8, Pfizer shall include missino data

calculated in accordance with missing data substitution proc~ures approved

by the Commissioner.

No later than March 1 of every year after issuance of this Trading

Am-cement and Order, Pfizer 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. Pfizer shall also include actual NOx emissions

from boilers 4, 5 and 8 and the amount of all DERCs used (including serial

numbers (if assigned) and approved DERCs generated and/or purchased

from other facilities), generated and/or approved for the previous calendar

year. These repoI1s shall be on a fonn prescribed by the Commissioner and

shall be in monthly increments. This reponing may cease if a central

registry is approved by the Commissioner. Should Pfizer choose to

discontinue the generation of DERCs, Pfizer will notify the Commissioner

upon discontinuance.

Upon sufficient documentation, as detennined by the Commissioner, that

Pfizer has met the requirements of paragraphs D.l., D.2., D.3., D.5., D.6.,

Initials: __P'--'-- )71 __

6

Date: _--,,"-/,!--,;;t.--'-i71,-,-~· __ I I
I

Should Pfizer choose to ~enerate additional DERCs, repons documenting

these DERCs shall be sUDmined to the Commissioner on an ozone season,

non-ozone season (January throuo-h April and/or Ocrober through

December), or annual basis. Such reports shall be compiled on a monthly

basis and shall be submined at least on an annual basis.

Pfizer Inc.

9.

10.

Trading Agreemem and

Order No. 8093B

D.9., and D.I0. of this Trading Ao-reemem and Order, the Commissioner

!J1ay p~C!vide wrinen approval.of BERCs generated by Pfizer retrospectively,

In additIOn to those approved In paragraph B. of this Trading Agreement

and Order. Requests for approval of all subsequent DERCs created shall be

submined in writing to the Commissioner. Approved DERCs o-enera[ed by

Pfizer may be held or transferred to other persons. Such DERCs shall

remain valid until they are used or until May 1, 2003, whichever occurs

first.

DERC use. Approved DERCs shall be acquired for compliance with the

emission standards in Section 22a-174-22 of the RegulatIons for the period

beginning June 1, 1995 and continuing until Pfizer achieves pennanem

compliance for boilers 4, 5 and 8 with the emission standards in Section

22a-174-22(e) of [he Regulations or until May I, 2003, whichever occurs

first. Pfizer shall acquire approved DERCs, and document and record the

amounts of NOx emissions and DERCs used by serial number (if assigned)

by boilers 4, 5 and 8 each day, and shall maintain and provide such records

in accordance with the following and Section 22a-174-4 of the Regulations,

until May I, 2003:

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

DERCs required for that calendar month as follows:

DERCs (tons):::: {[estimated worst case emission rate in IbsfM}..1Btu

- ((0.95) x (NOx RACT limit or proportioned emission rate

calculated pu"uanllo Section 22a-174-22(f)(2)(A) of the

Regulations in Ibs/MJ\1Btu»)] x (Estimated fuel use in :MMBtu)} ...

2000 pounds.

b. Acquire sufficient approved DERCs no later than the first of each

month to assure compliance with the emission standards in Section

22a-174-22 of the Regulations for, at a minimum, that calendar

month. With the exception of BDERCs, excess DERCs from

previous months can be applied to subsequent months. BDERCs are

subject to the limitations set fonh in paragraph D.!.e. of this Trading

Agreement and Order. At a minimum, DERCs required shall be

adjusted upwards by 100% ifDERCs are not in Pfizer's possession

pnor to the first day of each month.

c. No later than the twentieth day of each month, calculate DERCs

used in the preceding calendar month, as follows:

I) For boilers 4, 5 and 8 on each day, determine whether the 24-

hour average NOx emission rate'" is less than the baseline

emission rate or greater than the NOx RACT limit.

2) ""'hen boiler 4,5 or 8 has a daily. TOX emission rate (24-hour

Initials: --,5t""Y,-'""S<--__ 7

Date: -"I{,+/_~--,-:" --"D...:,_'__ ,
Pfizer Inc.

d.

Trading Agreement and

Order No. 8093B

average) exceeding the NOx RACT limit, calculate the

amount of DERCs used, as follows:

DERCs (tons) = I[(CEM-recorded NOx daily average emission rate

in IbslMMBtu*) - (0.95) x (NOx RACT limit or propor-Joned

emission rate calculated pursuant to Section 22a-174-22(1)(2)(A) of

the Regulations in IbslMMBtu»] x (actual fuel use in MMBtu») +

2000 pounds. , *This rate shall be calculated pursuant to the methodology described in 40

Code of Federal Regulations Part 60.

1.1!" l....................... ...; ...t...;.. "oc.. r.'",'O"" to 'ltU"s"o" t1., .. f",,,. ,J.."'t D"Or's .....~ "

_ ,-1 A,,";n(f:>

the ozone season were generated durina the ozone season.

Generator certification of this fact shalibe sufficient.

f.

e.

Initials:

luter full pro!ffi1IIl review, and if the Commissioner deems it

appropriate, the Commissioner may allow the survival and use of

approved DERCs beyond April 30, 2003, subject to the limitations

set forth in paragraph D.l.c. of this Trading Agreement and Order.

Pursuant to Section 22a-174-22(d)(3) of the Regulations, Pfizer may

use NOx allowances, pursuant to Subsection G) of Section 22a-174-

22 of the Regulations to achieve all or a portion of the reductions

required by Section 22a-174-22 of the Regulations for boilers 5 and

8. Any allowance used for compliance with Section 22a-174-22(e)

of the Re!i!Ulations for boilers 5 and 8 shall be subject to all

restrictions and/or requirements applicable to DERCs contained in

this Trading Agreement and Order.

11. Pfizer 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. Pfizer shall provide the records

specified above to the Commissioner within thiny (30) days of receipt of a

wrinen request from the Commissioner.

12. Pri?~ to .11ay },}003, Pfi~e~ shall cO,!?..E.l~_~2 ~.uri.ng .operatio~ of boilers 4

ana J WHn a rUll load emiSSIOn nne Cru:..K. ) mnnation of 0,.:>66

IbsIMMBtu heat input for no, 6 fuel oil andlor natural ~~veraged on a

24-hour basis, and b) during operation of boiler 8 with ru::.R limitations of

0.3661bsIMMBtu heat input for no. 6 fuel oil and 0.20 IblMMBtu heat input

for natural gas, averaged on a 24-hour basis.

13. No later than May I, 2003, Pfizer shall comply with the requirements of

Section 22a·I74-22(d)(I) of the Regulations unless this Trading Agreement

and Order is otherwise extended by the Commissioner.

14. Each allowance used for compliance with Section 22a-174·22 of the

Re$Ulations shall be equivalent to one discrete emission reduction credit

ana shall be deducted from Pfizer's NOx Budget Program compliance

aCCount upon such use...6Jlo.wances shall be considered used for

compliance with Section 22a-174-22 of the Regulations when they are

transferred from the facility's compliance account or overdraft account to a

~,~(J 8 Date: II,/~1/. -, ,.. ; i /
Pfizer Inc. Trading Agreement and

Order No. 8093B

State of Connecticm NOx allowance retirement account.

15. Approvals. Pfizer shall use best efforts to submit to the Commissioner all

documents required by this Trading Agreement and Order in a complete and

approvable fOITI1. If the Commissioner notifies Pfizer that any document or

other action is deficient, and does not approve it with conditions or

modifications, it is deemed disapproved, and Pfizer shall correct the

deficiencies and resubmit it within the time specified by the Commissioner

or, if no time lis 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 perfoITI1ed 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.

16. Definitions. As used in this Trading Agreement and Order, "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, and "NOx R.l\CT" means NOx Reasonably Available Control

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

date theTrading Agreement and Order is deposited in the U.S. mail or

personally delivered, whichever is earlier.

17. 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 recei ved

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 Tradin¥ Agreement and Order, the word.

"day' as used in this Trading Agreement ana 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.

lB. Ce:1:ificatio!'l of documents. Any c.ocument, includi!!g bur not limited to any

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

Trading Agreement and Order shall be sismed by Pfizer or, if Pfizer is not an

individual, by Pfizer's chief executive officer or a duly authorized representative

of such officer, as those terms are defined in §22a-430-3(b)(2) of the

Regulations of Connecticut State Agencies, and by the indi vidual(s) responsible

for actually preparing such document, and Pfizer or Pfizer's chief executi ve

officer and each such individual shall certify in writing as follows: "I have

personally examined and am familiar with the infoITI1ation submitted in this

document and all anachments thereto, and I certify, based on reasonable

investigation, including my inquiry of those individuals responsible for

obtaining the informatIOn, 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 infoITI1ation is punishable as a criminal offense

under §53a·157b of the Connecticut General Statutes and any other applicable

law."

r~ ,,7 Initials: _--",,"-'--'.' _ 9

Date: _-'-I:;./_>----!.7+/---'()_·_~
23.

Pfizer Inc. Trading Agreement and

Order No. 8093B

19. Noncomoliance. 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

Tradmg Agreement and Order may subject Pfizer to an injunction and

penalties.

20. False statements. Any false statement in any infonnation submitted pursuant to

this Tradi.ng' Agreement and Order is punishable as a criminal offense under

§53a-157B of the Connecticut General Statutes and any other applicable law.

21. Notice of transfer: liabilirv of Pfizer. Until Pfizer has fully complied with this

Trading Agreement and Order, Pfizer shall notify the Commissioner in writing

no later than 15 days after transfening all or any portion of the facility, the

operations, the site or the business which is the subject of this Tradin$

A$reemenl and Order or after obtaining a new mailing or location adaress.

P!lzer's obli~ations under this Trading Agreement and Order shall not be

affected by the passage of title to any property to any mher person or

municipality.

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

affect the Commissioner's authority to institute any proceedinCl" or take any

other action to prevent or abate violations of law, 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 Pfizer 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 Pfizer to undenake

funher investigation or further action to prevent or abate violations or

pollution.

Pfizer's obliQ:ations under law. Nothing in this Trading A2Teement and Order

shall relieve Pfizer of other obligations under applicable federal, state and local

law.

24.

,--,.

26.

27.

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

Order and no action or inaction bv the Commissioner shall be construed to

constitute an assurance by the COInmissioner that the actions taken by Pfizer

pursuant to this Trading Agreement and Order will result in compliance or

prevent or abate pollution.

Access to facilirv. 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.

No effect on rig-hts of other persons. This Trading Agreement and Order

neither creates nor affects any rights of persons or municipalities that are not

parties to this Trading Agreement and Order.

No Creation of Properrv Rights. This Trading Asrreement and Order does nOl

create any property rights with respect to these D"ERCs.

Initi als: ~t:"'~;::...:(),-' _ 10

Date: ---,-/7

1!--,-;;c.---'-,7/L:1J",I__
Pfizer Inc. Trading Agreement and

Order Noo 8093B

28. Notice to Commissioner of chancres. Within 15 days of the date Pfizer

becomes aware of a change in any information submitted 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, Pfizer

shall submit the correct or omitted information to the Commissioner.

29. Notification of noncompliance. In the event that Pfizer becomes aware that it

did not or"rriay 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, Pfizer shall immediately notify by telephone the individual

identified in the next paragraph and shall take all reasonable steps to ensure

that ,my noncompliance or delay is avoided or, if unavoidable, is minimized to

the ~eatest extent possible. Within five (5) days of the initial notice, Pfizer

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 Pfizer shall comply with any dates which may be approved in

writing by the Commissioner. Notification by Pfizer 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

stated by the Commissioner in writing.

30. 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:

Wendy Jacobs

Department of Environmental Protection

Bureau of Air Management

Emissions and Credit Trading Section

79 Elm Street

Hartford, Connecticut 06106-5127

Initials: --,/o;f4Lo _0"o(Se./ _

11

Date: _-,-i,-;,r;!...!_-~_'~7/,--"_1__
Pfizer Inc. Trading Agreement and

Order '0. 8093B

Pfizer consents to the issuance of this Trading Agreement and Order without funher notice. The undersi~ed cenifies that he/she is fully authorized to enler into this Trading AgreemeOl and Order and

to legally bind Pfizer to the terms and conditions of the Trading Agreement and Order.

,

Pfizer Inc.

Signature:

Type Na!ne: Em.-ard L. Brennan

Type Title: DirectorI EB&S

Date: _-,-!,-;/,-/-,-?-~7T;'-,-J-,j _ I .;

Issued as a final order of the Commissioner of Environmental Protection ~-::::~'U~",,~~SL__ 2001.

.i\rthurJ'1:9"~:Jr I

Comrrus~

CITY OF GROTON LAND RECORDS

MAILED CERTIFIED MAlL,

RETURN RECEIPT REQUESTED

Cenified Document No.

J2