# STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the maner of The State ofConnecticut and 

# , United States Army Stratford Army Engine Plant ) ) ) ) ) ) 

### Trading Agreement and OrderNo. 8l37A



### Whereas, the CommissionerofEnvironmental Protection ("Commissioner") and the United States Army Stratford Army Engine Plant ("USASAEP"), agree that it is in the public interest that they work cooperatively to improve the air quality within the State ofConnecticut and that the use ofdiscrete emissions reduction credit ("DERe") trading to reduce nitrogen oxide (''NOxt» emissions 

### will achieve this result in a timely and cost-effective manner:

)**,~** A. At the request and with the agreement ofUSASAEP. the Commissionerfinds the following: 

### 1. This 

### Trading Agreement and Order supercedes Trading Agreement and OrderNo. 8137 issued on November 19, 1996, TradingAgreement and Order No. 8137 Modification issued on July 8,1997, and Trading Agreement and Order No. 8137 Modification No.2 issued on April 29, 1999. 2. USASAEP is a Department ofthe United States goverriment that operates the Stratford Army tank engine and turbine engine manufacturing facility at 550 Main Street in Stratford, Connecticut ("facility") under contract to the U.S. Army TankAutomotive and Annarnents Command. 3. At the facility, USASAEP operates fuel-burning equipment consisting ofone (1) pennitted steam boiler (''boiler 1") and two (2) registered steam boilers 2 and 3 (''boilers 2 and 3") capable ofbuming natural gas and No.6 fuel oil, which are subject to the requirements ofSection 22a-174-22 ofthe Regulations ofCOiU1ecticut State Agencies (URegulations'1 pertaining to the control ofnitrogen oxides (''NOx'').
4. 

### U.S. Environmental Protection Agency ("EPA") Method 7 emission tests resulted in

. Ox emissions rates as follows:

(Printed Oil Recycled Papc!) 79 Elm Succt • Hart!ord, CT 06106.5127 http://dcp.St.lC.Ct.lls

....n Equol Opporlullily Employer

### U.S. Anny 

### Stratford Anny 

### Engine Plant 

### 2 Trading Agreement and Order No. 8137A



# 0

"

.. -' Table I USASAEP - Stratford Army Engine Plant NOx Emission Rates, Allowable Limits and FLERs IbsIMMBtu Unit- Fuel Mfg Heat Actual Heat Emission Allowable FURs Date of Next Permil # Input input during Test Rate Rat< LaSI Test Due p- Reg. # MMBtuIhr emissions Emission R· testing Test Boiler#1: No.6oil 51 39.8 0.318 0.25 N/A 5m02 

# I 5m07 P-0061 Nat. Gas 51 45.2 0.046 0.20 N/A 5nJ02 5m07 Boiler#2: No.6 oil**7~** 35.7 0.382 0.25 

# I 0.41 4111101 4111/06 R·0116 Nat. Gas ',75 33.6 0.072 0.20 0.08 4/11101 4/11106 Boiler#3: NO.6 oil 89 34 0.331 0.25 

# I 0.35 4/11/01 

# I 4/11106 R-OOOI Nat. Gas 89 42.7 0.088 0.20 0.10 411 1/01 4/11/06 5. When burning No.6 fuel oil in boiler I, USASAEP exceeds the NOx emissions limit 

### specified 

### in permit P·OO61. 

### 6. To reduce NOx emissions from boiler I, USASJ\EP proposes to burn only natural gas. 

### 7. When burningnatural gas in boiler 3, USASAEP exceeded the full load 

### emission rate ("FLER") specified in Trading Agreement and OrderNo. 8137 and as aresult created 1.32 tons ofinvalid averaging credits. 8. On June 26,2002, the Departmentissued Notice ofViolation ("NOV") No. 14899, to 

### USASAEP for exceeding the FLER limit specified in TradingAgreement and Order 8137. 9. 

### In response to NOV No. 14899, USASAEP has permanently retired withoUl use 1.32 

### tons ofapproved DERC:s plus a 100% premium for atotal of2.64 tons in accordance with Trading Agreement and OrderNo. 8137. 

### 10. Section 22a-174-22(k) ofthe 

### Regulations requires thatemissions testing to be conductedwhen 

### the sourceis operatingat orabove 90 percent ofits 

### highest maximum operating capacity, unless allowed otherwiseby the Commissioner

### in a permit ororder. 11. As shown in Table I, when conducting emissions testing, USASAEP operated boilers 1,2 and 3 at less than the minimum 90 percent specified in Section 22a-174-22(k) of the Regulations. 12. On June 26, 2002, the Department issued NOV No. 14901, to USAS;\EP for 

### operatingboilers I, 2and 3 at less than the minimum 90 percent during testing. 13. 

### In response 10 NOV No. 14901, USASAEP proposes to comply with Section 22a

### 174-22(1<) by accepting an operating restriction for boilers 1,2 and 3, which will reduce the maximum operating capacity heat input to alevel that will equal 90 percent ofthe last Commissionerapproved emissions testing level for each boilerand fuel as shown in Table 3ofthis 

### TradingAgreement and Order.

### U.S. Army Stratford Anny Engine Plant 3 

### Trading Agreement and Order No. 8137A



### ":j B. 

### 14. USASAEP agrees to comply with the requirements ofSection 

### 22a-174-22 ofthe 

### Regulations byusing discounts, FLERs, design margin and an emission limitation restriction ("cap") for boilers 2and 3 as specified in this TradingAgreement and Order. 15. The Commissioner,pursuantto Section22a-174·22 ofthe Regulations, previously approved the NOx DERCs referenced 

### in Table 2 ofthis Trading Agreement and Order. DERC c,,<a\ion serial numbers ifassigned bythe Department to these 

### previouslyapproved DERCs are provided in Table2 ofthis Trading Agreement and Order. Unused DERCs are subject to the vintage restrictions ofthis 

### Trading Agreement and Order. Dates after which the unused DERCs will no longerbe eligible for use as aresult ofthe 

### vintage restrictions are provided in Table 2 ofthis 

### TradingAgreement and Orderin the expiration date column.
Table 2 USASAEP

- Previouslv AODroved DERCs Year OzoQe season Tons Non-ozone season Tons Expiration Date Pre-2000 SIN notassigned 7 N/A N/A 12131/04 2001 crOl/8136A1(DC)NOx 0%(1·2) 2 N/A N/A 12131/06 

### Whereas the Commissioner, in accordance with the provisions ofthis TradingAgreement and Order, pursuant to SectiOD 22a-174-22(d)(3), (e) and 

### (j) ofthe Regulations, hereby allows USASAEP to complywith Section 22a-174-22 ofthe Regulations through use of 

### emissions averaging and DERC trading and applicable emission limitations at the facility as provided herein.



### .,**.~.** 

### C. With the agreement ofUSASAEP, the Commissioner, acting underthe Connecticut General Statutes Section 22a-6, 22a-171, 22a-174, 22a-176, and 22a-I77, orders USASAEP as follows: 1. Upon issuance ofthis Trading agreement and Order, USASAEP shall cease burning No.6 fuel oil 

### in boiler I and onlyburn natural gas. 

### 2. Upon issuance ofthis 

### TradingAgreement and Order, at the facility, USASAEP shall complywith Section 22a-174-22 ofthe Regulations through emission reduction trading. Until USASAEP achieves pennanent compliance with the emissions standard in Section 22a-174-22(e) ofthe Regulation orby April 30, 2007, whichever is earlier:

a. USASAEP shall certify 

### in writing to the Commissioner ofthe DEP, that USASAEP has permanentlyretired without use 2.64 tons ofDERCs 

### in 

### accordance with paragraph A.I0this TradingAgreement and Order, b. USASAEP shall use approved DERCs as required under this Trading Agreement and Order;4 Trading Agreement 

### and Order No. 8137A
C. USASAEP shall have in its possession sufficient approved DERCs to meet applicable NOx emission limits as allowed under this Trading Agreement and Order; 

## u.s. Army Stratford Army Engine Plant

d. USASAEP shall comply during the operation ofthe boilers with the FLERs shown 

### in Table 1 ofthis Trading Agreement and Order; and

e. USASAEP shall restrict the operating capacity ofboilers 1, 2 and 3 to the maximum operating levels as specified in Table 3 ofthis Trading Agreement and 

### Order:

...... Table 3 USASAEP

- Stratford Army Engine Plant Maximum Operatino Capacirv Restrictions Boiler# No.6 fuel Oil Steam Output Natural Gas Steam Output Heal input LbsIM Heat input LbsIM MMBtuIlrr MMBtuIlrr Boiler 1 44.2 39,400 50.2 42,100 Boiler 2 39.7 30,000 37.3 28900 Boiler 3 37.8 31,100 47.4 35,600


# •. 3. Averaging and DERC trading: Until April 

## 30. 2007, before the first day ofeach month, 

### USASAEP shall have in its possession sufficient approved DERCs for such month forboilers 

### 2 and 

### 3 based on the following calculation:

a. Calculate Estimated MonthlvAveralling Credits and Debits Estimate the monthly averaging credits generated when burning natural gas and monthly averaging debits when bwningNo.6 fuel oil in boilers 

### 2 and 

### 3 during that month as follows:

1. Estimated credits (tons) = [heat input in MMBtu x «0.80 x allowable limit IbslMMBtu)

- FLER in IbslMMBtu)J.,. 2000 Ibs/ton. Where:

• Heat inout = for the appropriate boiler and fuel as shown 

### in Table 3.

• Allowable limit = allowable limitrate in 

### IbsfM1\.1Btu forthe appropriate boiler shown 

### in Table 1 ofthis Trading Agreement and Order.

• Full load emission rate = FLER for the appropriate boiler and fuel as shown in Table 1 ofthts Trading Agreement and Order.

• 0.80 = the 20% averaging credit discount.

• Fuel heating value = 1050 BTU per cubic feet of natural gas.

### 5 Trading Agreement 

### and Order No. 8137A tt. Estimated debits (tons) [heat input in MMBtu x «0.85 x allowable limit IbsIMMBtu)

- FLER in IbsIMMBtu)] .;. 2000 lbs/ton. 

## u.s. Anny Stratford Anny Engine Plant



### Where:

• Heat input = 

### for the appropriate boiler and fuel as shown mTable 3.



### • Allowable 

### limit = 

### allowable 

### limitrate in IbsIM:MBtu forthe appropriate boiler shown in Table 1 ofthis Trading Agreement and Order.



### • Full load emission rate = FLER 

### for the appropriate 

### boiler and fuel as shown in Table 1ofthis 

### Trading Agreement and Order.



### • 0.85 = 

### the 

### 10% averaging 

### debit discount and 5% design margIn.

• Fuel heating value = 142,000 BTU per gallon for No.6 

### fuel oiL 

# 3

····

... , . 

### iii. 

### Calculate and have on hand at the beginning ofeach month the sufficient approved DERCs for each calendarmonth as follows:
Estimated net debits = the sum 

### ofthe total estimated debits (negative 

### number) plus the total estimated credits (positive number).

lV. 

### Theminimum quantity ofDERCs required to be on hand for such month shall equal to the calculated netnegative debits. b. Calculate MonthlyActual Averaging Credits and Debits Calculatethe actual monthly averaging credits generated when burning natural gas and the actual monthly debits whenburning No.6 fuel oil in boilers 2 and 3 during that 

### month as follows:

1. 

### By the tenth day

### ofihe

### ofthe following month calculate the sum 

### ofthe actual debits and credits created during thatprevious month as follows: Acrual credits (lons) = 

### [heat input in MMBtu x «0.80 x allowable limit IbslMMBtu)

- FLER in IbslMMBtu)]-;- 2000 Ibs/lon.

-",. 

### Actual debits (tons) [heat input in 

### MMBtu x «0.85 x allowable limit IbsIMMBtu)

- FLER in IbsIMMBtu»).;. 2000 lbs/ton.u.s. Army 

### Stratford Anny 

### Engine Plant 

### 6 Trading Agreement and OrderNo. 8137A



### A 

### 'J

, !**.~** ll. 

### Calculate the actual net debits required for each calendarmonth as follows: 

### Actual net debits (tons) == 

### the sum ofthe total actual debits (negative number) plus the total actual credits (positive number).

lll. 

### The quantity ofDERCs required to be permanently retired for such month shall equal the calculared net negative debits. No approved DERCs will be 

### required for emissions 

### in anymonth during which there are more credits than debits. Net positive credits maynotbe carned forward to the next month. 4. Unit oDeratinl2 Restrictions and Annual Emissions Cap.

a. US EPA Trading Program Guidelines require that an emission restriction ("Cap") shall be used to preventexceeding the lower ofhistorical actual or allowable emission limits ("1990 historic levels"). USASAEP's total NOx 

### emissions from boiler 2 and 3 shall not exceed an emissions cap of 12.6 tons peryear. b. 

### Ifthe cap is exceeded, approved DERCs may be used to offset emissions above the cap; however, said DERCs shall be separated from DERCs and/or averaging credits used for meeting allowable emission limits specified in Table 1 ofthis Trading Agreement and Order. The quantity ofDERCs 

### required to offsetexcess emissions above the cap shall equal the difference betv.'een the total emissions (in tons) and the cap (in tons), plus a 100% premium equal to the difference in DERCs for exceeding the cap.

c. Forpurposes ofcalculating total emissions, only emissions from boilers 2 and 3 shall be included; emissions used shall be for a calendar year, based on mostrecent official emissions testresults. Approved DERCs shall be in USASAEP's possessionbefore the historic level is exceeded. d. To determine ifthe total annual emissions are approaching orexceeding the annual cap, USASAEP shall calculate the total annual emissions by 

### allocating the fuel heat inputuse from each boilertimes the appropriate emissions factors for the fuels used and summing the results. USASAEP 

### shall calculate the annual emissions by adding the most recent monthlytotal forboilers 2 and 3 to the previous 11 months total and compare the result with the cap. USASAEP shall notify the Department in writing within 30 

### days ofexceeding the cap. 5. If

### at any time the period while this Trading Agreement and Orderremains in effect, USASAEP exceeds this new maximum operating limit stated 

### in paragraph C.2.e., USASAEP shall conductNOx emissions testing oftha! subject boileron orbefore

### U.S. AI1TlY Stratford AI1TlY Engine Plant 

### 7 Trading Agreement and OrderNo. 8137A



## ,""l. oJ sixty (60) 

### days after the exceedance ofthe 

### above limits in accordance with the following:

a. 

### USASAEP shall submit to the Commissioner for his review and written approval an Intent-To-Test ("lIT") protocol not less than thirty (30) 

### days priorto the emissions testing required pursuant to paragraph C.5., afmis Trading Agreement and Order. The ITT protocol shall mclude at least: I .



### i) TheDepartment ofEnvironmental 

### Protection's Bureau of

### Air ManagementTestForm No. I, "Intent to Test"; 

### ii) System operatingparameters indicative ofthe highest operating rate since the last Commissionerapproved stack test, including, but not 

### limited to: steam output rate, temperature and pressure, fuel firing rate, and NOx emissions rate. iii) The ITT protocol shall provide that USASAEP shall perform testing 

### as specified in Sections 22a-174-5 and 22a-174-22 ofthe 

### Regulations, including operating the subject boilerat not less than ninety percent (90%) ofits 

### maximwn rated capacity limit as specified in Table 3 ofmis TradingAgreement and Orderorhighest operating rate since its last/previous emissions test, whicheveris higher. iv) USASAEP shall perfonn all testing required byparagraph C.5. in 

### accordance 

### with the approved ITT protocol. v) In conducting and performing the testing required by paragraph C.5, and 

### in analyzing the results ofsuch testing, USASAEP shall adhere to methods specified 

### in Sections 22a-174-5 and 22a-174-22 ofthe 

### Regulations and as approved bythe EPA and the Commissioner. vi) USASAEP shall schedule all emissions testing so 

### as to allow the 

### Commissionerto bepresent during such testing and to independently verify facility operations, 

### airpollution control equipment parameters, and testing procedures. vii) Within thirty (30) dsys after completing any emissions testing required by this Trading Agreement and Order, USASAEP shall 

### submitto the Commissionerawrinen reportproviding the results of such testing; within 15 days ofanotice from the Commissioner indicating any deficiencies in 

### such report, USASAEP shall submit a revised report. 6. USASAEP shall make and keep records of: daily fuel use and fuel type; excess 

### NOx emissions; the numberofDERCs in its possession, created, purchased and used (by serial numberifassigned) each month in accordance with the

## u.s. A.rmy Stratford .fumy Engine Plant 8 Trading Agreement and Order No. 8137A appropriate emission rates and limits in this Trading Agreement and Order; the "_. number ofDERCs used during the ozone season and non·ozone season (the remainder ofthe year); as well as documentation anesting to the fact that approved DERCs used during the ozone season were generated during the ozone season. Generator certification ofthis fact shall be sufficient. 7. Record Keeping. USASAEP shall retain records and supporting documentation as described in this Trading Agreement and Orderfor a minimwn offive years, commencing on the date such records were created. USASAEP shair'provide the records specified above to the Commissioner within thirty (30) days ofreceipt ofa written request from the Commissioner.



### ("). 

### J'

. j**~._:J"** 8. Annual Emission Statement. No laterthan March 1, ofevery year after issuance ofthis Trading Agreement and Order, USASAEP shall include with the Annual Emission Statementprovided to the Commissioner, a record of each sale or other transfer, and use ofany and all ofthe DERCs approved within and subsequent to issuance ofthis Trading Agreement and Orderuntil all such DERCs have been used. USASAEP shall also include NOx emissions from each boilerusing or generating DERCs, and the amount ofall DERCs used including serial number (ifassigned) and approved DERCs generated and/orpurchased from otherfacilities), generated and/or approved for the previous calendar year. These reports shall be on a form prescribedby the Commissioner and shall be in monthly increments. Should USASAEP choose to discontinue the generation ofDERCs, USASAEP will notifythe Commissionerupon discontinuance. 9. Allowance Use. Pursuantto Section 22a-174-22(d)(3) ofthe Regulations, USASAEP mayuse NOx allowances, through April 30, 2007, pursuant to Section 22a-174-22 (j) ofthe Regulations to achieve all or aportion ofthe reductions required by Section 22a·174·22 ofthe Regulations. Any allowance used for compliance with Section 22a-174.22(e)**ofth~** Regulations shall be subject to all restrictions and/orrequirements applicable to DERCs contained in this Trading Agreement and Order;

a. In order for USASAEP to useNOx allowances, USASAEP shall create a general account in EPA's NOx Allowance Tracking System (''NATS'l; and b. Each allowance used for compliance with Section 22a-174-22 ofthe Regulations shall be equivalent to one discrete emission reduction credit. Allowances shall be considered used for compliance with Section 22a174-22 ofthe Regulations when they are transferred from the facility's NOx general account in the NATS to the CT State NOx Retirement Account (Account 

### ill CTOOO0000300 in the NATS). 10. DERC Doubling. At aminimwn, DERCs required shall be adjusted upwards by 100% ifDERCs are not in USASAEP's possession prior to [he first day ofeachU.S. Army Stratford Army Engine Plant 

### 9 Trading Agreement and OrderNo. 8137A



### -.

" 

### <.) month for use. However, based on the gravity ofnoncompliance, the Commissioner may require additional upward adjustment. II. Vintage Restriction. Forthe purposes ofcompliance with Section 22a-174-22 ofthe Regulations, DERCslallowances shall only remain valid for five (5) calendar years from the year ofthe generation/allocation ofstich DERCs/alJowances. DERCsiallowances olderthan five (5) calendaryears from their creation/allocation are not valid foruse for compliance with Section 22a-174-22 ofthe Regulations. 

### Notwithstanding tlie above, DERCslallowances generated/allocated priorto calendar year 

### 2000 are valid for use for compliance with Section 22a-174-22 ofthe Regulations up to and including December 31, 2004. 12. FLERExceedance. Noncompliance 

### with an established FLER shall subject USASAEP to make restitution bymatching the quantity ofemissions ("true up") causedby the exceedance plus a 100% premium. The true up 

### in tons ofDERCs shall be equal to the FLER exceedance in IbstM:MBtu, mUltiplied by the total heat input during the period ofnoncompliance divided by2000 lbslton. Ifthe period of noncompliance is not known, the time period from the completion ofthe last/previous Department witnessed emission test through the date the FLER compliance is achieved as approved by the Commissioner shall be used. However, nothing in this Trading Agreement and Order shall affect the Commissioner's authority to institute anyproceeding ortake any other action to require additional upward adjustment. based on the gravityofany alleged noncompliance or violation ofIaw. 13. FLERModification. FLERs set forth in Table lofthis Trading Agreement and Ordermaybe modified only afterthe consent ofthe Commissionerby written modification ofthis Trading Agreement and Order. 14. Emissions Testing. Pursuant to Section 22a-174-22(k) ofthe Regulations, USASAEP shall conduct NOx emission tests ofthe boilers 1, 2 and 3 at least once every five years commencing from the dates oftheNOx emission tests for the boilers I, 2 and 3 as provided 

### in Table 1 ofthis Trading Agreement and Order, unless othezwise required forboilers 2 and 3 byparagraph C.5. ofthis Trading Agreement and" Order

.. ofwithstanding the above, USASAEP shall notbe required to testboiler I pursuant to Section 22a-174-22(k) ofthe Regulations, ifUSASAEP is 

### in compliance with paragraph C.I ofthis Trading Agreement and Order. t5. Extension. No laterthan April 30, 2007 for the boilers 2 and 3, USASAEP shall complywith the requirements in Section 22a-174-22(d)(1) ofthe Regulations. However, after full program review ofthis and otherTrading Agreements and Orders and ifdetermined to be appropriate. the Commissionermay grant written extension oflhis Trading Agreement and Order. 16. Future Compliance Report. On orbefore September I, 2006, USASAEP shall submit a report indicating how the facility will complywith Section 22a-174-22 of the Regulations after April 30, 2007. 17. Full comDliance. USASAEP shall notbe considered in full compliance with this Trading Agreement and Orderuntil aU actions required by this Trading Agreement and Orderhave been completed as approved and to the Commissioner's satisfaction.

### u.s. Anny Stratford 

### Anny Engine Plant 10 Trading Agreement and Order No. 8137."\

"'

# .. "**.~** '

# ... . 

# ...,. 18. Aoorovals. USASAEP shall use best 

### effoI1s to submit to the Commissioner all 

### documents required by 

### this Trading**Agreem~nt** 

### and Order in a complete and approvable form. Ifthe Commissionernotifies USASAEP that any document or other action is deficient, and does not approve it with conditions or modifications, 

### it is deemed disapproved, and USASAEP shall correct the deficiencies and resubmit 

### it within the time specified by the Commissioner or, 

### ifno time is specified bythe 

### Commissioner, within 

### 30 days ofthe Commissioner's notice ofdeficiencies. In approving any doqument or other action under this Trading Agreement and Order, the Commissionermay approve the document or other action as submined or performed or with such conditions ormodifications as the Commissioner deems necessaryto carry out the purposes ofthis Trading Agreement and Order. Nothing in this paragraph shall excuse noncompliance or delay. 19. Definitions. As used in this Trading Agreement and Order, "Commissioner" means the Commissioner or a representative ofthe Commissioner. "Ozone season" means the period from May 1 through September 30 in any given calendar year. The date of"issuance" ofthis TradingAgreement and Order is the date the Trading Agreement and Orderis deposited in the U.S. mail orpersonally delivered, whichever is earlier. Approved DERCs are defined for purposes ofthis Trading Agreement and Order as those for which the Commissionerhas provided wrinen authorization for use in compliance with Section 22a-174-22 ofthe Regulations. 20. Dates. The date ofsubmission to the Commissioner ofany document required by this Trading Agreement and Order shall be the date such document is received bythe Commissioner. The date ofany notice by the Commissionerunder this Trading Agreement and Order, including but not limited to notice ofapproval or disapproval ofany document or other action, shall be· the date such notice is deposited in the U.S. mail or is personallydelivered, 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 calendarday. Any document or action which is required by this Trading Agreement and Order to be submined 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. 21. Certification ofdocuments. Anydocument, including but not limited to any notice, which is required to be submined to the Commissionerunder this Trading Agreement and Order shall be signed by USASAEP or, ifUSASAEP is not an individual, by an individual who is an authorized representative ofUSASAEP, in accordance with Section 22a-174-2a(a) ofthe Regulations ofConnecticut State Agencies, and by the individual(s) responsible for actuallypreparing such document, and each such individual shall certify in writing as follows; "I have personally examined and am familiar with the information submined in this document and all anachments thereto, and 

## rcertify, based on reasonable investigation, including my inquiryoftbose LTJ.dividuals responsible for obtaining the information, that the submined information is true, accurate and complete to the best ofmy knowledge and belief. I understand that any false statement made in the submined information is punishable as a criminal offense under**§53a~** 157b ofthe Connecticut General Statutes and any other applicable law."U.S. f\.rmy Stratford Army Engine Plant 11 Trading Agreement and Order No. 8137A
22.

24. Noncompliance. This Trading Agreement and Orderis a final order ofthe Commissionerwith respect to the matters addressed herein, and is nonappealable and immediately enforceable. Failure to comply with this Trading Agreement and Order may subject USASAEP to an injunction and penalties. False statements. Any false statement in any information submined pursuantto this Trading Agreement and Order is punishable as acriminal offense under §53a-157b ofthe**Connectic~t** IGeneral Statutes and any other applicable law. Notice oftransfer; liability ofUSASAEP. Until USASAEP has fully complied with this Trading Agreement and Order, USASAEP shall notify the Commissioner in writing no laterthan 15 days after transferring all or anyportion ofthe facility, the operations, the site orthe business which is the subject ofthis Trading Agreement and Order or after obtaining anew mailing orlocation address. USASAEP's obligations under this Trading Agreement and Order shall not be affected by the passage oftitle to any property to any otherperson ormunicipality. Corrunissioner's powers. Nothing in this Trading Agreement and Order shall affect the Commissioner's authority to institute anyproceeding ortake 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 oflaw. Ifat anytime the Commissionerdetennmes that the actions taken by USASAEP pursuant to this Trading Agreement and Orderhave not successfully corrected all violations, fully characterizedthe extent or degree ofanypollution, or successfully abated orprevented pollution, the Commissionermay institute any proceeding to require USASAEP to undertake further investigation or further action to prevent or abate violations orpollution.

, " i**'~** 26. USASAEP's obligations under law. Nothing in this Trading Agreement and Order shall relieve USASAEP ofother obligations under applicable federal, state and local law. 27. No assurance bv Commissioner. No provision ofthis Trading Agreement and Order and no action orinaction by-the Commissioner shall be construed to constitute an assurance by the Commissionerthat the actions taken byUSASAEP pursuant to this Trading Agreement and Orderwill result 

### in compliance orprevent or abate pollution. 

### 28. Access to facility. Anyrepresentative ofthe Depanment ofEnvironmental Protection may enterthe facility withoutpriornotice for the purposes ofmonitoring and enforcing the actions required or allowed by this Trading Agreement and Order. 29. No effect on ri2hts ofotherpersons. This Trading Agreement and Orderneither creates nor affects any rights ofpersons ormunicipalities that are not panies to this Trading Agreement and Order. 30. No Creation ofProDertv Ri2hts. This Trading Agreement and Order does not create any property rights with respect to these DERCs. 31. Notice to Commissionerofchanges. Within fifteen (15) days ofthe date USASAEP becomes aware ofachange in any infonnation submitted to the Commissioner under

# u.s. Anny Stratford Anny Engine Plant 

### 12 Trading Agreement and Order No. 8137A this Trading Agreement and Order, or that any such information was inaccurate or misleading or that any relevant infonnation was amined, USASAEP shall submit the 

### correct oromined infonnation to the Commissioner. 32. Notifica[jon ofnoncomoliance. In the event that USASAEP becomes aware that 

### it did not or may not comply, or did not or may not comply on time, with any requirement ofthis Trading Agreement and Orderor ofany document required hereunder, USASAEP shall immediately notifyby telephone the individual 

### identified in the nei<tparagraph and shall take all reasonable steps to ensure that any noncompliance'Gr delay 

### is avoided 

### or, ifunavoidable, 

### is minimized 

### to the greatest extentpossible. Within five (5) days 

### oflhe initial notice, USASJ\EP shall submit in writing the date, time, and duration ofthe noncompliance and the reasons for the noncompliance or delay and propose, for the review and written approval ofthe Commissioner, dates bywhich compliance will be achieved, and USASAEP shall comply with any dates which maybe approved in writing by the Commissioner. Notification by USASAEP shall not excuse noncompliance or delay, and the Commissioner's approval ofany compliance dates proposed shall not excuse noncompliance or delay unless specifically so stated by the Commissionerin writing. 33. Submission ofdocuments. Any document required to be submined to the Commissionerunder this TradingAgreement and Order shall, unless otherwise specified in this Trading Agreement and Order orin writing 

### bythe Commissioner, be directed to: 

# C) Mr. Roland L. Severance Jr., PE Department ofEnviromnental Protection Bureau of

### Air Management Compliance and Field Operations Division Emissions and CreditTrading Section 79 Elm Street, 5" Floor Hartford, Connecticut 06106



## •

### U.S. AImy 

### Stratford AImy 

### Engine Plant 13 Trading Agreement 

### and OrderNo. 8137A USASAEP consents to 

### the issuance ofthis 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 USASAEP to the tenns and conditions 

### ofthe Trading Agreement and Order.



### United States AImy 

### Stratfo!jr,--",ll"Y Engine Plant
Signature:

## J:2~)J'1~~t:-:::::=:;~~;=:: Name: ?GT6 AAlS 

### Title: 

### INST'<Ud72dN ))/9ll.hl(;eie. Date: 

## .3C! 

# 0-3

Issued as afinal order ofrhe 

### Commissioner

### ofEnvirorunental Protection



### on

# -_'In,-,--,-,-cu-'-O''l--'I

__,2003.

# (~Ld£,-cf Arthir J. Rocque, Jr.

# ,~iSSioner

CITY OF STRATFORD LAND RECORDS MAiLED CERTIFIED MAIL, RETURNRECEIPT REQUESTED /

. ': Certified DocumentNo.

o , \. ! 

# ., G:\.TRADlNG·RLS\-TR.A.DfNGORDERSlArmyALLO-S[0,RLS\81 J7A**Armyfin~** l(4·29.(1)).doc