STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the maner of

The State ofConnecticut and

,

United States Army

Stratford Army Engine Plant

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Trading Agreement

and Order No. 8l37A

Whereas, the Commissioner of Environmental 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 of Connecticut and that

the use of discrete emissions reduction credit ("DERe") trading to reduce nitrogen oxide

(''NOxt» emissions will achieve this result in a timely and cost-effective manner:

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A. At the request and with the agreement ofUSASAEP. the Commissioner finds the

following:

1. This Trading Agreement and Order supercedes Trading Agreement and Order No.

8137 issued on November 19, 1996, Trading Agreement 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 of one (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 of Section 22a-174-22 ofthe Regulations of COiU1ecticut

State Agencies (URegulations'1 pertaining to the control of nitrogen oxides (''NOx'').

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

. Ox emissions rates as follows:

(Printed Oil Recycled Papc!)

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U.S. Anny Stratford Anny Engine Plant 2 Trading Agreement

and Order No. 8137A

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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 I4/11106

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 burning natural gas in boiler 3, USASAEP exceeded the full load emission rate

("FLER") specified in Trading Agreement and Order No. 8137 and as a result created

1.32 tons ofinvalid averaging credits.

8. On June 26,2002, the Department issued Notice ofViolation ("NOV") No. 14899, to

USASAEP for exceeding the FLER limit specified in Trading Agreement and Order

8137.

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

tons of approved DERC:s plus a 100% premium for a total of2.64 tons in accordance

with Trading Agreement and Order No. 8137.

10. Section 22a-174-22(k) ofthe Regulations requires that emissions testing to be

conductedwhen the source is operating at or above 90 percent of its highest

maximum operating capacity, unless allowed otherwise by the Commissioner in a

permit or order.

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

operating boilers I, 2 and 3 at less than the minimum 90 percent during testing.

13. In response 10 NOV No. 14901, USASAEP proposes to comply with Section 22a174-22(1<) by accepting an operating restriction for boilers 1,2 and 3, which will

reduce the maximum operating capacity heat input to a level that will equal 90

percent ofthe last Commissioner approved emissions testing level for each boiler and

fuel as shown in Table 3 ofthis Trading Agreement and Order.
U.S. Army Stratford Anny Engine Plant 3 Trading Agreement

and Order No. 8137A

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14. USASAEP agrees to comply with the requirements of Section 22a-174-22 ofthe

Regulations by using discounts, FLERs, design margin and an emission limitation

restriction ("cap") for boilers 2 and 3 as specified in this Trading Agreement and

Order.

15. The Commissioner, pursuant to Section 22a-174·22 ofthe Regulations, previously

approved the NOx DERCs referenced in Table 2 of this Trading Agreement and

Order. DERC c,,<a\ion serial numbers if assigned by the Department to these

previously approved DERCs are provided in Table 2 of this Trading Agreement and

Order. Unused DERCs are subject to the vintage restrictions of this Trading

Agreement and Order. Dates after which the unused DERCs will no longer be

eligible for use as a result ofthe vintage restrictions are provided in Table 2 of this

Trading Agreement and Order in the expiration date column.

Table 2

USASAEP - Previouslv AODroved DERCs

Year OzoQe season Tons Non-ozone season Tons Expiration

Date

Pre-2000 SIN not assigned 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 Trading Agreement

and Order, pursuant to SectiOD 22a-174-22(d)(3), (e) and (j) of the Regulations, hereby

allows USASAEP to comply with Section 22a-174-22 ofthe Regulations through use of

emissions averaging and DERC trading and applicable emission limitations at the facility

as provided herein.

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C. With the agreement ofUSASAEP, the Commissioner, acting under the 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 only burn natural gas.

2. Upon issuance ofthis Trading Agreement and Order, at the facility, USASAEP shall

comply with Section 22a-174-22 of the Regulations through emission reduction

trading. Until USASAEP achieves pennanent compliance with the emissions standard

in Section 22a-174-22(e) ofthe Regulation or by April 30, 2007, whichever is earlier:

a. USASAEP shall certify in writing to the Commissioner of the DEP, that

USASAEP has permanently retired without use 2.64 tons ofDERCs in

accordance with paragraph A.I 0 this Trading Agreement and Order,

b. USASAEP shall use approved DERCs as required under this Trading Agreement

and Order;
4 Trading Agreement

and Order No. 813 7A

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 of the boilers with the FLERs

shown in Table 1 ofthis Trading Agreement and Order; and

e. USASAEP shall restrict the operating capacity of boilers 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

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3. Averaging and DERC trading: Until April 30. 2007, before the first day of each

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

month for boilers 2 and 3 based on the following calculation:

a. Calculate Estimated Monthlv Averalling Credits and Debits Estimate the

monthly averaging credits generated when burning natural gas and monthly

averaging debits when bwning No.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 limit rate in IbsfM1\.1Btu

for the appropriate boiler shown in Table 1 of this

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 m Table 3.

• Allowable limit = allowable limit rate in IbsIM:MBtu

for the 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 of this 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

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iii. Calculate and have on hand at the beginning of each month the sufficient

approved DERCs for each calendar month as follows:

Estimated net debits = the sum ofthe total estimated debits (negative

number) plus the total estimated credits (positive

number).

lV. The minimum quantity ofDERCs required to be on hand for such month

shall equal to the calculated net negative debits.

b. Calculate Monthly Actual Averaging Credits and Debits Calculate the actual

monthly averaging credits generated when burning natural gas and the actual

monthly debits when burning 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 that previous 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 Order No. 8137A

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ll. Calculate the actual net debits required for each calendar month 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 any month during which there are more credits

than debits. Net positive credits may not be 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 prevent exceeding the lower of historical 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

per year.

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 of this Trading Agreement and Order. The quantity ofDERCs

required to offset excess 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. For purposes of calculating total emissions, only emissions from boilers 2

and 3 shall be included; emissions used shall be for a calendar year, based

on most recent official emissions test results. Approved DERCs shall be in

USASAEP's possession before the historic level is exceeded.

d. To determine ifthe total annual emissions are approaching or exceeding the

annual cap, USASAEP shall calculate the total annual emissions by

allocating the fuel heat input use from each boiler times the appropriate

emissions factors for the fuels used and summing the results. USASAEP

shall calculate the annual emissions by adding the most recent monthly total

for boilers 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 of exceeding the cap.

5. If at any time the period while this Trading Agreement and Order remains in effect,

USASAEP exceeds this new maximum operating limit stated in paragraph C.2.e.,

USASAEP shall conduct NOx emissions testing oftha! subject boiler on or before
U.S. AI1TlY Stratford AI1TlY Engine Plant 7 Trading Agreement

and Order No. 8137A

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sixty (60) days after the exceedance of the 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 prior to the emissions testing required pursuant to paragraph C.5.,

afmis Trading Agreement and Order. The ITT protocol shall mclude at

least:

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i) The Department ofEnvironmental Protection's Bureau ofAir

Management Test Form No. I, "Intent to Test";

ii) System operating parameters indicative ofthe highest operating rate

since the last Commissioner approved 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 boiler at not less than

ninety percent (90%) ofits maximwn rated capacity limit as

specified in Table 3 ofmis Trading Agreement and Order or highest

operating rate since its last/previous emissions test, whichever is

higher.

iv) USASAEP shall perfonn all testing required by paragraph 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 by the EPA and the Commissioner.

vi) USASAEP shall schedule all emissions testing so as to allow the

Commissioner to be present during such testing and to independently

verify facility operations, air pollution 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

submit to the Commissioner a wrinen report providing the results of

such testing; within 15 days of a notice 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 number ofDERCs in its possession, created, purchased

and used (by serial number if assigned) 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 of the 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 Order for 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.

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8. Annual Emission Statement. No later than March 1, of every year after

issuance of this Trading Agreement and Order, USASAEP 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 ofthe DERCs approved

within and subsequent to issuance ofthis Trading Agreement and Order until

all such DERCs have been used. USASAEP shall also include NOx emissions

from each boiler using or generating DERCs, and the amount of all DERCs

used including serial number (if assigned) and approved DERCs generated

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

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

Commissioner and shall be in monthly increments. Should USASAEP choose

to discontinue the generation ofDERCs, USASAEP will notify the

Commissioner upon discontinuance.

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

USASAEP may use NOx allowances, through April 30, 2007, pursuant to

Section 22a-174-22 (j) ofthe Regulations to achieve all or a portion of the

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

used for compliance with Section 22a-174.22(e) ofth~ Regulations shall be

subject to all restrictions and/or requirements applicable to DERCs contained

in this Trading Agreement and Order;

a. In order for USASAEP to use NOx 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 of the

Regulations shall be equivalent to one discrete emission reduction credit.

Allowances shall be considered used for compliance with Section 22a174-22 of the Regulations when they are transferred from the facility's

NOx general account in the NATS to the CT State NOx Retirement

Account (Account ill CTOOO0000300 in the NATS).

10. DERC Doubling. At a minimwn, DERCs required shall be adjusted upwards by

100% ifDERCs are not in USASAEP's possession prior to [he first day of each
U.S. Army Stratford Army Engine Plant 9 Trading Agreement

and Order No. 8137A

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month for use. However, based on the gravity of noncompliance, the Commissioner

may require additional upward adjustment.

II. Vintage Restriction. For the purposes of compliance with Section 22a-174-22 of the

Regulations, DERCslallowances shall only remain valid for five (5) calendar years

from the year ofthe generation/allocation ofstich DERCs/alJowances.

DERCsiallowances older than five (5) calendar years from their creation/allocation

are not valid for use for compliance with Section 22a-174-22 ofthe Regulations.

Notwithstanding tlie above, DERCslallowances generated/allocated prior to calendar

year 2000 are valid for use for compliance with Section 22a-174-22 of the

Regulations up to and including December 31, 2004.

12. FLER Exceedance. Noncompliance with an established FLER shall subject

USASAEP to make restitution by matching the quantity of emissions ("true up")

caused by 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 of noncompliance divided by 2000 lbslton. If the period of

noncompliance is not known, the time period from the completion of the

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 any proceeding or take any other action to require additional

upward adjustment. based on the gravity of any alleged noncompliance or violation

ofIaw.

13. FLER Modification. FLERs set forth in Table lofthis Trading Agreement and

Order may be modified only after the consent ofthe Commissioner by written

modification of this 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 ofthe NOx emission tests for the

boilers I, 2 and 3 as provided in Table 1 of this Trading Agreement and Order,

unless othezwise required for boilers 2 and 3 by paragraph C.5. ofthis Trading

Agreement and" Order.. ofwithstanding the above, USASAEP shall not be required

to test boiler 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 later than April 30, 2007 for the boilers 2 and 3, USASAEP shall

comply with the requirements in Section 22a-174-22(d)(1) of the Regulations.

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

and if determined to be appropriate. the Commissioner may grant written extension

oflhis Trading Agreement and Order.

16. Future Compliance Report. On or before September I, 2006, USASAEP shall

submit a report indicating how the facility will comply with Section 22a-174-22 of

the Regulations after April 30, 2007.

17. Full comDliance. USASAEP shall not be considered in full compliance with this

Trading Agreement and Order until aU actions required by this Trading Agreement

and Order have been completed as approved and to the Commissioner's satisfaction.
u.s. Anny Stratford Anny Engine Plant 10 Trading Agreement

and Order No. 8137."\

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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. If the Commissioner notifies 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, if no time is specified by the

Commissioner, within 30 days ofthe Commissioner's notice of deficiencies. In

approving any doqument or other action under this Trading Agreement and Order,

the Commissioner may approve the document or other action as submined or

performed 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.

19. 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. The date

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

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

whichever is earlier. Approved DERCs are defined for purposes ofthis Trading

Agreement and Order as those for which the Commissioner has provided wrinen

authorization for use in compliance with Section 22a-174-22 of the Regulations.

20. Dates. The date ofsubmission to the Commissioner of any document required by

this Trading Agreement and Order shall be the date such document is received by the

Commissioner. The date of any notice by the Commissioner under this Trading

Agreement and Order, including but not limited to notice of approval or disapproval

of any document or other action, shall be· the date such notice is deposited in the U.S.

mail or is personally delivered, whichever is earlier. Except as otherwise specified in

this Trading Agreement and Order, the word "day" as used in this Trading

Agreement and Order means calendar day. Any document or action which is

required by this Trading Agreement and Order to be 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 of documents. Any document, including but not limited to any notice,

which is required to be submined to the Commissioner under 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 of Connecticut State

Agencies, and by the individual(s) responsible for actually preparing 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 r certify, based on reasonable

investigation, including my inquiry oftbose 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

of the 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 Order is a final order of the

Commissioner with respect to the matters addressed herein, and is nonappealable and

immediately enforceable. Failure to comply with this Trading Agreement and Order

may subject USASAEP to an injunction and penalties.

False statements. Any false statement in any information submined pursuant to this

Trading Agreement and Order is punishable as a criminal 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 later than 15 days after transferring all or any portion ofthe facility, the

operations, the site or the business which is the subject ofthis Trading Agreement

and Order or after obtaining a new mailing or location address. USASAEP's

obligations under this Trading Agreement and Order shall not be affected by the

passage oftitle to any property to any other person or municipality.

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

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

prevent or abate violations of law, prevent or abate pollution, recover costs and

natural resource damages, and to impose penalties for past, present. or future

violations oflaw. If at any time the Commissioner detennmes that the actions taken

by USASAEP 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 USASAEP to undertake further investigation or further action

to prevent or abate violations or pollution.

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26. USASAEP's obligations under law. Nothing in this Trading Agreement and Order

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

law.

27. No assurance bv Commissioner. No provision ofthis Trading Agreement and Order

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

assurance by the Commissioner that the actions taken by USASAEP pursuant to this

Trading Agreement and Order will result in compliance or prevent or abate pollution.

28. Access to facility. Any representative ofthe Depanment ofEnvironmental

Protection may enter the facility without prior notice for the purposes ofmonitoring

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

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

creates nor affects any rights of persons or municipalities 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 Commissioner of changes. Within fifteen (15) days ofthe date USASAEP

becomes aware of a change 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 or omined infonnation to the Commissioner.

32. Notifica[jon of noncomoliance. 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 of this Trading Agreement and Order or of any document required

hereunder, USASAEP shall immediately notify by telephone the individual

identified in the nei<t paragraph and shall take all reasonable steps to ensure that any

noncompliance 'Gr delay is avoided or, if unavoidable, is minimized to the greatest

extent possible. 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 of the

Commissioner, dates by which compliance will be achieved, and USASAEP shall

comply with any dates which may be approved in writing by the Commissioner.

Notification by USASAEP 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.

33. Submission of documents. Any document required to be submined 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:

C) Mr. Roland L. Severance Jr., PE

Department ofEnviromnental Protection

Bureau ofAir Management

Compliance and Field Operations Division

Emissions and Credit Trading Section

79 Elm Street, 5" Floor

Hartford, Connecticut 06106

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U.S. AImy Stratford AImy Engine Plant 13 Trading Agreement

and Order No. 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 of the 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 a final 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,

RETURN RECEIPT REQUESTED

/ . ': Certified Document No. o ,

\. !

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