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## DEPARTMENT OF ENVIRON:VIENTAL PROTECTION

In the matter of 

### The State ofConnecticut and Sprague Paperboard, Inc. ) ) ) ) ) 

### Trading Agreement 

### and OrderNo. 811 7A



# ., Whereas, the Commissioner ofEnvironmental Protection ("Commissioner") and Sprague Paperboard, Inc. ("Sprague") agree that it is in the public interest that they work cooperatively 

### to improve the airquality within the State ofConnecticut and that the use ofdiscrete emission reduction credit ("DERe") trading to reduce nitrogen oxide ("NOx") emissions 

### will achieve 

### this result in atimely and cost-effective manner.
A. At the request and with the agreement ofSprague, the Commissioner finds the following:
I. This Trading Agreement and Order supercedes Trading Agreement and Order 8117 issued on**Dece~ber** 12, 2002.
2. Sprague is a corporation that on April 8, 1999, purchased from International Paper Company, and now owns and operates the manufacturing facility at 130 Inland Road, 

### Versailles, Connecticut ("facility").
3. At the facility, Sprague operates fuel-burning equipment that consists ofa Budget Source 288 million British thennal units perhour (":M1vffitulhr") when burning natural gas (275 MMBtuIhr when burning No.6 fuel oil) Babcock and Wilcox dual

### fuel fired natural gas andlorNo.6 fuel oil PFI steamboiler ("PF! boiler") and aNonbudget source Babcock and Wilcox natural gas fired 

### PM steam boiler 

### ("PM boiler"), which are subject to Section 22a-174-22 ofthe Regulations ofConnecticllt State Agencies ("Regulations").
4. Sprague monitors NOx emissions from the PFI boilerusing a continuous emissions monitoring system ("CEM"), certified in accordance with 40 Code ofFederal 

### Regulations ("CFR") Part 75.
5. When burning natural gas orNo.6 fuel oil in the PFI boiler, Sprague exceeds the allowable NOx emissions limits specified in Section 22a-174-22 (e) ofthe Regulations.
6. Pursuant to Section 22a-174-220) ofthe Regulations, during the non-ozone season, Sprague intends to acquire and use approved DERCs until May 1,2005 for the PFI boiler at the facility. Pursuant to Section 22a-174-22(i) ofthe Regulations, during the ozone s'eason, Sprague intends to acquire and use approved discrete emission reduction credits ("DERCs") and/or Budget discrete emission reduction credit (Printed on Recycled Paper) 79 Elm Street • Hanford, cr 06106·5127 hnp:/fdep.Slale. Ct.\lS .-In Eq"fll Opporwnify Employo

### Sprague Paperboard, Inc. 2 

### Trading Agreement and OrderNo. 8117A



# () ("BDERCs") until May 1, 2005 for the PFI boiler at the facility in accordance with lhis Trading Agreement and Order.
7. Official U.S. Environmental Protection Agency ("EPA") Method 7E emission tests perfonned on the FM boiler showed that. Ox emissions rates were as follows;

Table I Sprague- FM and PFI Boiler NO]; /EmiSSiOD Rates and Allowable Limits in IbsJM:MBtu Unit: DEP Fuel- Heat Emission Generation Allowable Date of Next

Permit! Input Test FLER Limits EmissioD Emission Reg:istration # Rate Test Test Due FM Boiler 

# INat. Gas iO 0.11 

# I 0.13 0.20 5/10/0J 

# I 5/10/06 

### P-170-001 PFI Boiler No.6 Oil 275 GEM GEM 0.25 N/A N/A R-170-00J Nat. Gas 288 GEM GEM 0.20 N/A N/A

•



### • Ortheproportioned al10wable limit, pursuant to Section 22a-174-22(f)(2)(A) ofthe Regulations when burning both natural gas and No.6 fuel oil simultaneously.
8. Pursuant to Section 22a-174-22G) ofthe Regulations, Sprague intends to generate approved DERCs from the FM boileruntil April 30, 2007 using a full load emission rate ("FLER") of

### 0.13 IbslMMBtu as shown in Table I ofthis Trading Agreement and Order.
9. When properly documented by Sprague, and approved bythe Commissioner, the emissionreductions from the FM boileridentified above, and as computed in accordance with the tenns ofthis Trading Agreement and Order, will confonn to the requirements ofSection.22a-174-22(j)(3) ofthe Regulations. Specifically, the reductions will be:
Real because they will result in a reduction ofactual emissions released into the air, net ofany consequential increase in actual emissionresulting from shifting demand. The emission reductions 

### will be properly measured, recorded, and reponed. Quantifiablebecause they are based on Departmentwitnessed emission testing as applied in 

### an appropriate reliable and replicableprotocol and periodic re-testing. Surplus because they are not required by any Connecticut statute orregulation mandated by a current State Implementation Plan ("SIP''), and are not currently relied upon in any applicable anainmentplan, any reasonable funherprogress pl'!Jl or milestone demonstration.
Permanent because the low-NOx burners will be in place and operating, and an appropriate tracking system is 

### in place to monitor all datarequired to verify and quantify the creation ofDERCs.Sprague Paperboard, Inc. 3 Trading Agreement and OrderNo. 8117A
Enforceable because the DERCs are approved by the Commissionerretrospectively after the submission by Sprague ofa report that documents their creation.
10. The Commissioner, pursuant to Section 22a-174-22(j) ofthe Regulations, approved the NOx DERCs referenced in Table 2 ofthis Trading Agreement and Order. DERC creation serial numbers assigned by the Commissionerto these previously approved DERCs are provided in Table 2 ofthis Trading Agreement and Order. Unused DERCs are subject to the vintage restrictions ofthis Trading Agreement and Order. Dates afterwhic.tt fue unused DERCs will no longerbe eligible for use as a result of the vintage restrictions are provided in Table 2 ofthis Trading Agreement and Order in the expiration date colwnn.

Table 2 Sprague Previouslv Purchased and Generated A lDroved DERCs (to the extent not already used) Year Ozone Season NOx DERC Ozone Non-ozone season NOx Non- Expiration

of serial numbers Season DERC serial numbers ozone Date Gen. DERCs season DERCs t999 

### I SINnot assi2:!lcd 36 SIN not assi£ned IS 12131/04 1999 SINnOI assilrncd 103 

### ! SIN not assilrned 72 12131104 1999 None 0 SINnot assi2:!led 125 12131104 1999 SIN not assigned 5 

### I SIN not assigned 4 12131104 2000 CTOO/8117(DC)NOxoz(I-40) 40 

### I CTOO/8117(DC)NOxnoz(1-60) 

### I 60 

### I 12131105 B.1. The Commissioner, in accordance with the provisions ofthis Trading Agreement and Order, pursuant to Section 22a-174-22(d)(3) ofthe Regulations, hereby allows Sprague and approved sources within Connecticlltto use NOx DERCs generated by Sprague which have been approved by the Commissioner. These DERCs may be used for the purposes ofcompliance und'er Section 22a-174-22(j) ofthe Regulations, to achieve a portion ofthe nitrogen oxide emission reductions required.
B.2. The Commissioner, in accordance with the provisions ofthis Trading Agreement and Order, pursuant to Section 22a-174-220) ofthe Regulations, hereby allows Sprague to:



### a. Comply with Section 22a-174-22(d) ofthe Regulations through use ofDERCs, BDERCs and/or allowance trading;
b. Use ozone season BDERCs in accordance with this Trading Agreement and Order; and

c. Upon sufficient docwnentatioD as prescribed 

### in this Trading Agreement and Order, generate additional DERCs. Upon issuance ofan addendum to this Trading Agreement and Orderthe Commissionermay approve the generation ofadditional DERCs by Sprague retrospectively. Approved DERCs generated by Sprague may be held by Sprague ortransferred to otherpersons in accordance with this Trading Agreement and Order.

### Sprague Paperboard, Inc. 4 

### TradingAgreement and Order No. 8117

...



## , C. With the agreement ofSprague, 

### the Commissioner, acting under Sections 22a-6, 22a171, 22a-174, 22a-176, and 22a-177 ofthe Connecticut General Statutes, hereby orders Sprague as follows:
1. 

### Upon issuance ofthis 

### TradingAgreement and Order, Sprague may generateapproved DERCs from the FM boileras allowed under this TradingAgreement and Orderuntil April 30, 2007 

### 2. Upon issuance

### of...~s TradingAgreement and Orderuntil Spragueachieves permanent compliance with the emissionstandard 

### in Section 22a-174-22(e) ofthe Regulations orby May 1, 2005 for the PFI boilerorApril 30, 2007 for the FM boiler, 

### whicheveroccurs earlier, Spragueshall complywith Section22a-174-22 ofthe Regulations through emission reduction trading in accordance with the following:

a. Spragueshall use approved DERCs as required underthis TradingAgreement and Order; 

### b. Sprague shall have in its possession sufficient approved DERCs, BDERCs, or allowances to meet applicableNOx emission limits 

### as allowed under this TradingAgreement and Order;

c. Sprague shall comply during the operation ofthe PM boiler with the FLER 

### shownin Table 1in 

### accordance 

### with this Trading Agreement and Order; and
d. Sprague shall notburn No.6 fuel oil in the FM boiler.
3. FM BoilerDERC Generation. Until April 30, 2007, when burning natural gas in the 

### FM boilerat the facility, Sprague shall calculatethe amount ofDERCs generated as follows:

. 

### DERCs (tons) Generated = 

### {[(FM 

### boilernatural gas heat input in !v11v1Btu) 

### x (allowable limit in IbsIMMBtu

- FLER limit in IbsIMMBtu)] + 2000 Ibslton} x (0.90) x (0.90) 

### Where: FLER for the FM boiler = generation FLER shown in Table 1. Allowable limit = allowable limit rate for natural gas shown in Table 1 of this Trading Agreement and Order. Discount (0.901 (0.901 = A discount factor often (10) percent for the 

### benefit orthe environment and anotherten (l0) percent for the uncertainty ofusing 

### one emission test every five years in beu ofCEMs, shall be applied to all DERCs (tons) 

### as calculated on amonthly

### baslS. Fuel heatin2 value = 

### 1050 Btu/cffornatural gas.

### Sprague Paperboard, lne. 5 I 

### raomg ."\grccmem and OrderNo. 8117A a) In 

### requesting DERC approval for credits generated, Sprague shall provide documentation containing a sample spreadsheet with calculation formulas used to determine reported numbers, monthly operating reports ofdaily actual fuel usage including the BTU content and the nwnber ofcubic feet used based on heat input, daily actual NOx mass emissions and NOx emission rates (24-hour average), number ofoperating hours perday, and DERCs generated using the allowable emission rate(s) in accordance with this Trading Agreement and Order, net ofthe applicable environmental and potential uncertainty discounts. I 

### b) Requests for approval ofall DERCs generatedby Sprague under this Trading Agreement and Order shall be submined in writing to the Commissioner. Such requests shall be compiled on amonthly or seasonal basis and shall be submined at least on an annual basis. Approved DERCs generated by Sprague under this Trading Agreement and Ordermay be held ortransferred to other persons and shall remain valid until they are used or until their vintage expiration date, whicheveroccurs first. Should Sprague choose to generate additional DERCs, repoTts documenting these DERCs shall be submined to the Commissioneron an ozone season, non-ozone season (January through April and andlor Octoberthrough December), or annual basis. Such reports shall be compiled on amonthlybasis and shall be submined at least on an annual basis.
4. 

### Ifat any time during the period while this Trading Agreement and Orderremains in effect, Sprague has reason to believe itmay be exceeding the FLER limit shown in Table 1 ofthis Trading Agreement and Order, Sprague shall conductNOx emissions testing ofthe FM Boilerwithin sixry(60) days afterthe discovery ofthe potential exceedance in accordance 

### with the following: Sprague shall submitto the Commissioner for his review and written approval an Intent-To-Test ("ITT') protocol not less than thirry (30) days pnorto the emissions testing required.pursuant to thisraragraph ofthis Trading Agreement and Order. The ITT protocol shal include at least:



# -' 1.

ll.

ill.

IV.

v. 

### The Department ofEnvironrnental Protection's Bureau ofAir Management TestFonn No. I, "Intent to Test"; System operatingparameters indicative oftbe highest operating rate since the previous emissions test, including, but not limited to: steam output rate, temperature and pressure, fuel firing rate, and NOx emissions rate. The

## m protocol shall provide that Sprague shall perfonn testing as specifiedin Sections 22a-174-5 and 22a-174-22 ofthe Regulations, including operating the FM boiler at not less than ninetypercent (90%) ofits maximum rated capacity limit orhighest operating rate since its last/previous emissions test, whichever 1S 

### higher. Sprague shall perform all testing required by paragraph CA. 

### in accordance 

### WIth the approved

## m protocor. In 

### conducting and performing the testing reCluired by paragraph CA. 

### and in analyzing the results ofsuch testmg, Sprague shall adhere to 

### methods specified in Sections 22a·174·5 and 22a·174·22 ofthe

### Sprague Paperboard, 

### Inc. 6 

### Trading Agreement and OrderNo. SI17A

VI.

Vll. 

### Regulations and as approved bythe United States Environmental ProtectionAgency ("EPA") and the Commissioner. Syrague shall schedule all emissions testing so as to allow the Commissionerto bepresent during such testing and to independentlY verify**f~cility** 

### operatIons, airpollution control equipmentparameters, and testmg procedures. Within 30 days after completingany emissions testing required bythis TradingAgreement and Order, Sprague shall submit to the COmmIssionerawrinen reportproviding the results ofsuch testing; within'15 

### days ofanotice from the Commissionerindicating any deficiencies In 

### such report, Sprague shall submit arevised report.
5. PFI BoilerDERCs and BDERCs Use. Until May I, 2005, before the first day of each month, and beginning on October I, 2003, also before the first day ofeach 

### non-ozone season, Sprague shall have in 

### its possession sufficient approved DERCs for the PFI boilerbased on the following:

a. 

### At all times: Before the first day ofeach month, calculate projectedDERCs required for that calendarmonth as follows: Estimated DERCs (tons) = 

### {[estimated 24-hourNOx emission rate in 

### IbslMMBtu

- ((0.95) x (24-hourNOx allowable 

### emission limit in 

### Table 1orproportioned emission rate calculated pursuant to Section 22a-174- 22(1)(2)(A) ofthe Regulations in IbslMMBtu»] x (Estimated fuel use in MMBtu)} -;- 2000 

### pounds/ton. No laterthan the**~entieth** 

### dayofeachmonth, Spragueshall calculate and pennanentiyretire DERCs used 

### in thepreceding calendarmonth, as follows:

1. 

### ForthePFIboileron each day, detennine whether the 24-houraverage actual NOx emission rate· is greaterthan the NOx allowable limit 

### in Table 1above.

11. 

### Wben thePFIboilerhas a24-houractual NOx emission rate exceedingthe NOx allowable limit, calculateand permanentlyretire the amount of DERCs used, as follows:
Actual DERCs (tons) {[(24-houraverage actual CEM-recorded NO. emissionrate in IbslMMBtu*)

- ((0.95) x (NOx 

### allowable emission limitorproportioned emission rate calculated pursuant to Section 22a-174- 22(f)(2)(A) ofthe Regulations in IbsIMMBru)] x (actual fuel use in 

### MMB!u)} -;- 2000 pounds/ton.Spf<Jgue Paperboard, Inc. 7 Trading Agreement and Order No. 8117 A
*This rate shall be calculated pursuant to the methodology described in 40 CFR Part 75.

111. With the exception ofBDERCs, excess DERCs from previous months can be applied to subsequent months. BDERCs are subject to the limitations set forth in paragraph C.6 ofthis Trading Agreement and Order.
b. During the 

### non-alone season starting on October 1, 2003: 

### In addition'to meeting the 24-hour emission limit 

### in Table 22-1 of Section 22a·174-22 ofthe Regulations, Sprague shall meet a

### non-alone season emission limit of0.15 Ibs!MJv1Bru. Priorto October I, 2003 and October 1, 2004, Sprague shall estimate and acquire the amount of DERCs or allowances required for such non-ozone season needed to comply with Section 22a-174-22(e)(3) ofthe Regulations 

### as follows:
Estimated DERCs (tons) [Estimated maximum fuel use in MMBtu from October I through April 30 x (lower ofthe estimated seasonal average NOx emission rate or the proportioned 24-hour allowable emission limits 

### in IbslMMBtu during October I through April 30

- (0.95 x 0.15 IbslMMBtu))]-;- 2000 pounds/ton.
No laterthan May 31, 2004, and May 1, 2005, in addition to the DERCs retired pursuantto paragraph C.5.a. ofthis Trading Agreement and Order, Sprague shall calculate and permanentlyretire DERCs used in the preceding non-ozone season as follows:
Actual DERCs (tons) = [Actual fuel use in MMBtu from October I through April 30 x (lower ofthe actual seasonal average CEM·recorded NOx emission rate or the proportioned 24-hour allowable limit in IbslMMBtu during October 1 through April 30

- (0.95 x 0.15IbslMMBtu))]-;- 2000 pounds/ton.

c. When the daily or non-Olone season CEM-recorded NOx emission rate is used to calculate DERCs used by the boiler, Sprague shall include missing data calculated 

### in accordance with missing data substitution procedures under 40 CFR Part 75.
6. BDERCs shall only be used by otherNOx Budget Program sources located in Connecticut. BDERCs shall only be used to offset ozone season excess emissions, and shall not be used for compliance during the non-alone season. BDERCs generated during a given year shall only be used through the following ozone season. BDERCs are subject to all DERC requirements set forth in this Trading AgreementSprague Paperboard, Inc. 8 Trading Agreement and Order No. 8\\ 7 A and Orderexcept for those requirements pertaining solely to non-ozone season DERCs and as otherwise may be provided
7. Sprague shall make and keep records of: daily fuel use and fuel type; the 24-hour actual NOx emission rate; starting on October 1, 2003 non-ozone season average NOx emission rates; the number ofoperating hours per day; the number ofinvalid data hours ofthe total operating hours per day; the number ofDERCs created and used each day in accordance with the appropriate emission rates and limits in this Trading Agreement and Order; the number ofDERCs in its possession and purchased (by senal numberifassigned) each month; the number ofDERCs used during the ozone and non-ozone season (by serial number ifassigned); 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. Sprague shall maintain and submit such records to the Commissioner in accordance with Section 22a-174-22 ofthe Regulations.
8. Record Keeping. Sprague shall retain records and supporting documentation as described 

### in this Trading Agreement and Order for aminimum offive years, commencing on the date such records were created. Sprague shall provide the records specified above to the Corrunissionerwithin thirty (30) days ofreceipt ofa written request from the Commissioner.
9. Reportine

a. Annual Emission Statement. No later than March 1 ofevery year after issuance ofthis Trading Agreement and Order. Sprague shall include with the .I\nnual Emission Statement provided to the Commissioner, a record ofeach sale or other transfer ofDERCs generated pursuant to this Trading Agreement and Order for the previous calendaryear. Sprague shall also include actual NOx emissions from each boiler and the amount ofall DERCs used (including serial numbers (if assigned) and approved DERCs generated andlor purchased from other facilities), generated andlorapproved for the previous calendaryear. These repons shall be on a fonn prescribedby the Commissioner and shall be in monthly increments, and for each boilerby ozone and non-ozone seasons. b. Starting on October 1, 2003: No laterthan July 30 ofevery year after issuance of the Trading Agreement and Order, Sprague shall submit in writing to the Conunissionerthe nOD-Olone season fuel consumption and amount ofall DERCs used (including serial numbers (ifassigned) and approved DERCs purchased from otherfacilities for the PFI boiler during the previous Octoberthrough April time period. These reports shall be on fonns prescribed by the Commissioner.
10. Allowance Use. Pursuant to Section 22a-174-22(d)(3) ofthe Regulations, Sprague may use NOx allowances, pursuant to Section 22a·174-220) ofthe Regulations to achieve all or aportion ofthe reductions required by Section 22a-174-22 ofthe Regulations. AnyNOx allowance used for compliance with Section 22a-174-22(e) of

### Sprague Paperboard, lnc. 1

### raamg .'\greemenl and Order No. 8117 A



# -' the Regulations shall be subject to all restrictions and/orrequirements applicable to DERCs contained in this Trading Agreement and Order. Each allowance used for compliance with Section 22a-174-22 ofthe Regulations shall be equivalent to one DERC and shall be deducted from Sprague's NOx Budget Program compliance account upon such use. Allowances shall be considered used for compliance with Section 22a-174-22 ofthe Regulations when they are transferred from the facility's compliance account oroverdraft account to a State ofConnecticutNOx allowance retirement account, account ill 

### CTOOOOOOO300 in the 1 

### 'Ox Allowance Tracking System (NATS). I 

# , 11. DERC Doubling. At aminimum, DERCs required shall be adjusted upwards by 100% ifDERCs are notin Sprague's possessionpriorto use. However, based on the gravity ofthe noncompliance, the Commissionermay require additional upward adjusnnent.
12. Vintage Restriction. Forthe purposes ofcompliance with Section 22a-174-22 ofthe Regulations, DERCs/aliowances shall only remain valid for five (5) calendaryears from the year ofthe generation/allocation ofsuch DERCs/allowances. DERCs/allowances generated/allocated more than five (5) calendar years ago are not valid for use for compliance with Section 22a-174-22 ofthe Regulations. Notwithstanding the above the DERCslallowances generated/allocated priorto calendaryear 2000 shall be valid for use until December 31, 2004.
13. FLER Exceedance. Noncompliance with an established FLER shall subject Sprague to make restitution by matching the quantity ofemissions ("true up") caused by the exceedance plus a 100% premium. The true up in tons of DERCs shall be equal to the FLERexceedance in IbsIMMBtu, multipliedby the total heat input during the period ofnoncompliance divided by 2000 lbs/ton. 

### Ifthe period ofnoncompliance is notknown, the timeperiod from the completion ofthe last/previous Commissionerwitnessed emission test through the date the FLERcompliance 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 acnon to require additional upward adjustment, based on the gravity of any alleged noncompliance orviolation oflaw.
14. FLERModification. FLERs set forth 

### in Table 1 ofthis Trading Agreement and Ordermaybe modified only afterthe consent ofthe Commissionerby wrinen modification ofthis Trading Agreement and Order.
15. Emissions Testing. Pursuant to 

### Section 22a·174-22(k) ofthe Regulations Sprague shall conductNOx emission tests ofthe FM boiler at least once every five years commencing from the next emission test due date as provided in Table 1 ofthis Trading Agreement and Order.
16. Extension. No later than May 1, 2005 forthe PFI boiler and May 1, 2007 for the FM boiler, Sprague shall complywith the requirements ofSubdivisionSprague Paperboard, Inc. 10 Trading Agreement and OrderNo. 8117 A 22a-174-22(d) ofthe Regulations. However, after full program review ofthis and otherTrading Agreements and Orders and, ifdetennined to be appropriate, the Conunissionermaygrant a wrinen extension ofthis Trading Agreement and Order.
17. Future ComPliance Report. On orbefore September. 1, 2004, Sprague shall submit areport to the Commissioner indicating how the PFI boiler shall complywith Section 22a-174-22 ofthe Regulations on and afterMay 1,2005. r 18. Full**compliance~Sprague** shall not be considered in full compliance with this Trading Agreement and Order until all actions required by this Trading Agreement and Orderhave been completed as approved and to the Conunissioner's satisfaction.
19. Approvals. Sprague shall use best efforts to submit to the Commissioner all documents required by this Trading Agreement and Order in a complete and approvable form. Ifthe Commissionernotifies Sprague that any document or other action is deficient, and does not approve 

### it with conditions or modifications, it is deemed disapproved, and Sprague shall correctthe deficiencies and resubmit it within the time specified by the Commissioner or, ifno time is specifiedby the Commissioner, within 30 days ofthe Commissioner's notice ofdeficiencies. In approving any document or other action under this Trading Agreement and Order, the Conunissioner may approve the document orother action as submined orperformed. or with such conditions or modifications as the Commissionerdeems necessary to carry out the purposes ofthis Trading Agreement and Order. Nothing in this paragraph shall excuse noncompliance or delay.
20. Definitions. As used in·this Trading Agreement and Order, "Approved DERCs" are those for which the Commissionerhas provided written authorization for use in compliance with Section 22a-174-22 ofthe**~egulations;** "Commissioner" means the Commissioneror a representative of the Commissioner; "Ozone season" means theperiod from May 1 through September 30 

### in anygiven calendar year; "Non-ozone season" means the period from October 1 through April 30 in any given calendar year. The date of"issuance" ofthis Trading Agreement and Orderis the date the Trading Agreement and Orderis deposited. in the U.S. mail orpersonally delivered, whicheveris earlier.
21. Dates. The date ofsubmission to the Commissionerofany docwnent required by this Trading Agreement and Order shall be the date such docwnent is received by the Commissioner. The date ofany notice by the Commissioner under this Trading Agreement and Order, including butnot limited to notice of approval or disapproval ofany docwnent or other action, shall be the date such notice is deposited in the U.S. mail oris 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 calendarSprague Paperboard, Inc. 11 Trading Agreement 

### and OrderNo. 8117 A



# <J day. Any document or action which is required by this Trading Agreement and Order to be submitted orperformed 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.
22. Certification ofdocuments. Any document, including but not limited to any notice, which is required to be submitted to the Commissionerunder this Trading Agreement and Order shall be signed by Sprague or, ifSprague is not an individual, by an individual who is an authorized representative ofSprague, in accordance with Section 22a-174-2a(a) ofthe Regulations ofConnecticut State Agencies, and by the individual(s) responsible for actually preparing such document, and each such individual shall certify in vvriting as follows:
"I have personally examined and am familiar with the information submitted in this document and all attachments thereto, and I certify, based on reasonable investigation, including my inquiry ofthose individuals responsible for obtaining

. the information, that the submitted information is true, accurate and complete to the best ofmy knowledge and belief. I understand that any false statement made in the submitted information is punishable as acriminal offense under §53a-157b ofthe Connecticut General Statutes and any other applicable law." Noncompliance. This Trading Agreement and Order is 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 Ordermay subject Sprague to an injunction and penalties. 

### 24.

26. False statements. Any false statementin any information submittedpursuant to this Trading Agreement and Order is punishable as a criminal offense under 

### §53a-157b oftbe Connecticut General Statutes and any otherapplicable law.
Notice oftransfer: liability ofSprague. Until Sprague has fully complied with this Trading Agreement and Order, Sprague shall notify the Commissioner 

### in writing no laterthan 15 days after transferring all or any portion ofthe facility, the operations, the site orthe business which is the subject ofthis Trading Agreement and Order or after obtaining anew mailing or location address. 

### Sprague's obligations underthis Trading Agreement and Order shall not be affected by the passage oftitle to anypropertyto any otherperson or 

### municipality.
Commissioner's powers. Nothing 

### in this Trading Agreement and Order shall affect the Commissioner's authority to institute any proceeding 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 Commissioner determines that the actions taken by Sprague pursuant to this Trading Agreement and Orderhave not successfully corrected all violations, fullySprague Paperboard, Inc. 

### 12 Trading Agreement and Order No. 8117 A characterized the extent ordegree ofany pollution, or successfully abated or prevented pollution, the Commissionermay institute any proceeding to require Sprague to undertake further investigation or further action to prevent or abate violations orpollution.
27. $pra!ZUe 's obli2ations under law. Nothing in this Trading Agreement and Order shall relieve Sprague ofother obligations under applicable federal, state and local law.



## , 28. 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 Commissionerthat the actions taken by Sprague pursuant to this Trading Agreement and Order will result in compliance or prevent or abate pollution.
29. Access to facility. Any representative ofthe Department ofEnvironmental Protection may enter the facility without priornotice for the purposes of monitoring and enforcing the actions required or allowed by this Trading Agreement and Order.
30. No effect on ricllts ofotherpersons. TItis Trading Agreement and Order neither creates nor affects any rights ofpersons ormunicipalities that are not parties to this Trading Agreement and Order.
31. No Creation ofPropertY Rights. This Trading Agreement and Order does not create any property rights with respect to those DERCs.
32. Notice to Commissioner ofchan2es. Within 15 days ofthe date Sprague becomes aware ofa 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 anyrelevant information was omined, Sprague spall submit the correct or omitted information to the Conunissioner.
33. Notification ofnoncompliance. In the event that Sprague becomes aware that it did not ormaynot comply, ordid not or maynot comply on.time, with any requirement ofthis Trading Agreement and Order or ofany docwnent required hereunder, Sprague shall immediatelynotify by telephone the individual identified 

### in the next paragraph and shall take all reasonable steps to ensure that anynoncompliance or delay is avoided or, ifunavoidable, is minimized to the greatest extentpossible. Within five (5) days ofthe initial notice, Sprague 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 wrinen approval ofthe Commissioner, dates by which compliance will be achieved, and Sprague shall complywith any dates which may be approved in writing by the Commissioner. Notification by Sprague shall not excuse noncompliance ordelay, and the Commissioner's approval ofany compliance dates proposed shall not excuse noncompliance or delay unless specifically so

### Sprague Paperboard, Jnc. 13 

### Trading Agreement and OrderNo, 8117 A



## -, stated by 

### the Commissioner in writing.
34. Submission ofdocuments. Any 

### document required to be submitted to the Commissionerunder this 

### Trading Agreement and Order shall, unless otherwise specified in this Trading Agreement and Orderor in writing by the Commissioner, be directed to: Mr, 

### Roland L. 

### SeveranceJr. PE 

## , Depan;mentofEnvirorunental Protection Bureau of

### AirManagement Emissions and Credit Trading Section 79 Elm Street Hartford, Connecticut 06106-5127

# - 

# - - -- -_.**Og~~S/ZOJJ** TEU 08:32 FAX S50**~24 ~O~2**  Sprague Paperboard.., !Dc. DE? .-J»)J IN DF

14 TradingAgrcam:ot and OrderNo. 8117 A :Q 00 2

Sprague consents to the issuance ofthis Trading. .l\..greeme::o.t and Orde::r without further notice. The undersigned certifies thathe/she: 

### is fully authorized to enterinto this TradiDgAgreement :md Order and to legaUy bind Sprague to the terms 

### and c.onditions ofthc: Trading Agre=ment and OrdCT.**!pr~?aperbo~~** 

### Inc. Signature:

# ~d.~ Nome

. 

## f)cild) 

# J. 131?/£JeG
Title: 

## U, 

# f? G/ltf!8l1SLriR L:,Ci'i'?'O ill/Is/oM
Date: 

# VZz/03

.Issued as afin.al order ofthe CommissionerofEDviromnental Protection

on

# ~t",..k."**~~** 

# .. 2003.



### ._, TOWN OF SPRAGUELAND RllCORDS MAILED CERTIFIED MAlL, 

### R.ETIJR>'1 RECElPT RllQUESTED Certified DOCUID.entNo.