# STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION

State ofConnecticut and City ofNorwich Department ofPublic Utilities 

### ) ) ) ) 

### Trading Agreement and Order No. 8304

WHEREAS, the Commissioner ofEnvironmental Protection ("Commissioner") and City ofNorwich Department ofPublic Utilities ("Respondent") agree that the Commissioner may issue a permit or order to 

### allow emissions trading in accordance with Section 22a-174-22(j) ofthe Regulations ofConnecticut State Agencies ("Regulations") as a method ofcompliance with Section 22a-174-22 ofthe Regulations:
A. 

### At the request and with the agreement ofRespondent, the Commissioner finds the following:
I. This Trading Agreement and Order supersedes Trading Agreement and Order 8119A and all subsequent modifications thereto.
2. Respondent owns and operates an electricity generation facility at 16 South Golden Street in Norwich, Connecticut ("facility").
3. At the facility, Respondent operates the emission unit described in Table I below, which is subject to Section 22a-174-22 ofthe Regulations ofConnecticut State Agencies ("Regulations") pertaining to the control ofNitrogen Oxide (NOx) emissions.
4. For the purposes ofthis Trading Agreement and Order, the following definitions shall apply:

a. Allowable Emission Limit (AEL): the applicable NOx emission limit set forth in Section 22a-174-22(e) or Section 22a-174-22(f) ofthe Regulations corresponding to the emission unit described in Table I ofthis Trading Agreement and Order
b. Allowance: CAIRNOx Ozone Season allowance originally allocated to a CAIRNOx Ozone Season unit, as defined in Section 22a-174-22c ofthe Regulations, located in the Statc ofConnecticut or a NOx allowance designated specifically for compliance during Ozone Season control periods and allocated to a CAIRNOx Ozone Season unit located in the State of Connecticut after the date ofissuance ofthis Trading Agreement and Order.

c. CAIRNOx Ozone Season unit: shall be as defined in Section 22a-174-22c of the Regulations

(Printed on Recycled Paper) 79 Elm Street • Hartford. cr 06106-5127 www.cl.gov/dep All Equal 0pl'0rfulliry EmployerCity ofNorwich Department ofPublic Utilities 2 Trading Agreement and Order No. 8304

d. Discrete Emission Reduction Credit (DERC): aunit that was generated and approved by the Commissioner in accordance with aTrading Agreement and Order issued by the Commissioner or generated and approved by the Commissioner in accordance with aprotocol submitted and approved pursuant to Section 22a-174-38 ofthe Regulations. Such unit is equivalent to I ton of NOx emissions and may be used for emissions trading in accordance with Section 22a-174-22(j) ofthe Regulations, subject to the provisions ofPart B of this Trading Agreement and Order.

e. CAIR NATS: "CAIR NOx Ozone Season Allowance Tracking System" as defined in 40 CFR 96.302.
f. Non-Attainment Area: means the geographic area which has been designated as nonattainmentpursuantto 40 CFR 81 in accordance with the provisions of 42 USC 7407 (Section 107 ofthe Act). Pursuantto 40 CFR 81.307, the designated ozone non-attainment areas in the State ofConnecticut arc: the Greater Connecticut, CT area and the New York-Northern New Jersey-Long Island, NY-NJ-CT area.
g. Ozone Season: May 1 through September 30 ofeach calendaryear or such period as defined by the U.S. Environmental Protection Agency, subsequent to the issuance ofthis Trading Agreement and Order.
h. Non-Ozone Season: the period ofconsecutive calendar months between two successive Ozone Seasons

Table 1 CAIR NOx Ozone Season Units NOx Emission Rates, FLERs and Allowable Limits (Ibs/MMBtu unless otherwise noted) UNIT- Heat Stack Test Rates Date of Date of reg. or Input AEL FLER Last Stack Next Stack Fuel (ppmvd) (Ib/mmbtu) permit no. (MMBtu) Ib/mmbtu ppmvd Test Test @15%0, Rolls Royce #2 oil 249 0.5530 141.31 75 0.62 9/26/09 9/26114 Turbine
5. The Respondent agrees that the actual NOx emissions rate from the emission unit described in Table I, at times, exceeds the corresponding AEL.
6. Pursuant to Section 22a-174-22(j) ofthe Regulations, Respondent proposes to comply with Section 22a-174-22(e) ofthe Regulations, when operating the emission unit described in Table 1 by means ofemissions trading in accordance with the provisions of this Trading Agreement and Order.
7. The Respondent proposes to usc the full load emission rate ("FLER") identified in Table ICity ofNorwich Department ofPublic Utilitics 

### 3 Trading Agreemcnt and OrderNo. 8304

for the purposes ofcalculating Actual DERCs/Allowances Required.
The Commissioncr, in accordancc with Section 22a-174-22(j) ofthe Regulations hereby allows Respondent to comply with Section 22a-174-22 ofthe Regulations atthe facility through the use ofemissions trading, subject to the provisions ofthis Trading Agreement and Order.

8. With the agreement ofRespondent, the Commissioner, acting under Sections 22a-6, 22a-174, 22a176, and 22a-l77 ofthe Connecticut General Statutes, hereby orders Respondent as follows:
I. Expiration ofthis Trading Agreement and Order: The Respondent may only use emissions trading, subject to the provisions ofthis Trading Agreement and Order, until the date of expiration ofthis Trading Agreement and Order. The date ofexpiration ofthis Trading Agreement and Order shall be the earlierof:

a. May31,2014;
b. The date upon which the Respondent demonstrate to the Commissioner's satisfaction that actual NOx emissions from the emission unit, at all times, do not exceed the corresponding AEL(s);

e. The date specified in any written notice from the Commissioner stating that the Respondent arc no longerallowed to use emissions trading due to the Respondent' violation ofany provision ofthis Trading Agreement and Order; or d. The date specified in any written notice from the Commissioner, notifYing the Respondentthat the Commissionerhas determined the use ofemissions trading as a compliance option has been further restricted, modified or nullified by: (i) the promulgation ofan Act, Statute, or Regulations; or (ii) the issuance ofajudgment orcourtorder.
2. Respondent shall obtain and use sufficient DERCs and/orAllowances in such amanner as to comply with Paragraphs 8.8 and 8.9 ofthis Trading Agreement and Order. All Allowances used must come from an emission unit that is within the same ozone nonattainment area as the Respondent. Any Allowances used to comply with this Trading Agreement and Ordermust be allocated for the control period that occurs during the same year those allowances are used for compliance with this Trading Agreement and Order. All DERCs used during the Ozone Season for each emissions unit described in Table I, shall have been generated during an Ozone Season.
3. Prior to using Allowances in accordance with Paragraphs 8.8 and 8.9 ofthis Trading Agreement and Orderthe Respondent shall obtain a General and/or Compliance Account in the CAIR NATS.City ofNorwich Department ofPublic Utilities 4 Trading Agreement and OrderNo. 8304

4. Vintage Restriction. Forthe purposes ofcompliance with Section 22a-174-22 ofthe Regulations and the provisions ofthis Trading Agreement and Order, DERCs shall only remain valid for five (5) calendaryears from the year ofthe generation ofsuch DERCs. DERCs olderthan five (5) calendaryears from theircreation are not valid for use for compliance with Section 22a-174-22 ofthe Regulations and the provisions ofthis Trading Agreement and Order.
5. Respondent shall not cause or allow actual NOx emissions from the operation ofthe emission units described in Table I ofthis Trading Agreement and Orderto exceedthe corresponding FLERs. Compliance with the corresponding FLERs specified in Table I shall be determined based on the results ofemissions testing performed in accordance with Section 22a-174-22 of the Regulations orNOx emissions monitored and recorded by a continuous emissions monitoring system that was approved bythe Commissioner and that complies with Section 22a-174-4 ofthe Regulations and either40 CFR 60, Appendices B&F or40 CFR 75.
6. Ozone Season Fuel Use Restriction: Notwithstanding the provisions ofParagraph B.2 ofthis Trading Agreement and Order, when operating the emission unit described in Table I during the Ozone Season, the Respondent shall operate thatunit while firing or co-firing the lowest NOx emitting fuel type or combination offuel types thatthe units are authorized to burn in accordance with Departmental permit, registration, or applicable regulation.
7. Notwithstanding Paragraph B.6 ofthis Trading Agreement and Order, during the Ozone Season, the Respondent may operate the emission units described above on fuels that result in higher emissions ofNOx, ifeither:

a. the availability offuel oil that complies with Paragraph B.6 is inadequate to meet the needs ofresidential, commercial and industrial users in this state and that such inadequate supply constitutes an emergency; or b. the supply ofgaseous fuels to the emission units is interrupted due to inadequate supply or in accordance with an interruptible supply agreementbetween the Respondent and the gaseous fuel supplier.
8. DERC/Allowance Use. On the first day ofeach calendarmonth, the Respondent shall possess a quantity ofDERCs and/or Allowances that equals orexceeds the quantity ofActual DERCs Required and/or Actual Allowances Required in that month. Compliance with Paragraph B.8 ofthis Trading Agreement and Order shall be determined as follows:

a. Before the first day ofeach month, Respondent shall estimate DERCs and/or Allowances required for such calendarmonth for the emission unit described in Table I as follows:
Estimated DERCs/AlIowances Required = {(Estimated fuel use in MMBtu) x ((FLER Ib/mmbtu)

- (0.95 x AEL)) }+2000 Ibs/tonCity ofNorwich Department ofPublic Utilities
Where: 

### 5 Trading Agreement and OrderNo. 8304

• AEL = Allowable Emission limit, as defined in Paragraph A.4 ofthis Trading Agreement and Order

• Discount (0.95) = 5% design margin applied to the AEL.
b. No laterthan the twentieth day ofeach month, Respondent shall calculate actual DERCs and/orAllowances used in the preceding calendar month for the emission unit described in Table I as follows:

Aetual DERCs/Allowances Required = {(Monthly fuel use MMBtu) x «FLER Ib/mmbtu)

- (0.95 x AEL))} + 2000 Ibs/ton

9. Non-Ozone Season DERC/Allowance Use. 

### In addition to the requirements ofParagraph 8.8 ofthis Trading Agreement and Order, on the first day ofeach Non-Ozone Season, the Respondent shall possess a quantity ofDERCs and/orAllowances that equals or exceeds the quantity ofNon- Ozone Season Actual DERCslAllowances Required for that Non-Ozone Season. Compliance with Paragraph 8.8 ofthis Trading Agreement and Order shall be determined as follows:

a. Before the first day ofeach Non-Ozone Season, Respondents shall estimate DERCs and/orAllowances required for that Non-Ozone Season for the emission unit described in Table I based on the average actual NOx emissionrate from the emission unit and an emission limit of0.15 lb/mmbtu as follows:
Estimated Non-Ozone SeasonDERCs/Allowances Required

## = {(EstimatedNon-Ozone Season fuel use in MMBtu) x «FLER Ib/mmbtu)

- (0.95 x O.l5Ib/mmbtu))} + 2000 lbs/ton-!:( EstimatedDERCS and/or Allowances Required for all months oftheNon-Ozone Season calculated pursuant to Paragraph 8.8)
b. No laterthan thirty (30) days afterthe end ofeach Non-Ozone Season, the Respondents shall calculate Actual Non-Ozone Season DERCs and/orAllowances used during that Non-Ozone Season for each emission unit as follows:
Actual Non-Ozone Season DERCs/Allowances Required = {(Actual Non-Ozone Season fuel use in MMBtu) x «FLER lb/mmbtu)

- (0.95 x O.l5lb/mmbtu))} + 2000 Ibs/ton-!:( DERCS and/orAllowances Required for all months ofthe Non-Ozone Season calculatedpursuantto Paragraph B.8City ofNorwich Department ofPublic Utilities 

### 6 Trading Agreement and OrdcrNo. 8304

10. On or bcforc January 31, ofcach calcndaryear, the Rcspondent shall deduct a quantity of DERCS from the currentbalance ofDERCs possessed by the Respondent and/or transfer a quantity ofAllowances from the Respondent' NOx General and/or Compliance Accounts to the CT State NOx Retirement Account (Account ill CT0000000300 in the CAIR NATS) such that the total is equal to the sum ofActual DERCs/Allowances Required pursuant to Paragraph B.8 ofthis Trading Agreement and Order for the preceding calendaryear, rounded up to the nearest whole ton.
II. Not more than ninety (90) days afterthe completion ofthe Non-Ozone Season, the Respondent shall deduct a quantity ofDERCS from the current balance ofDERCs possessed by the Respondent and/ortransfer a quantity ofAllowances from the Respondent's NOx General and/or Compliance Account to the CT State NOx RetirementAccount (Account ID CT0000000300 in the CAIR NATS) such that the total is equal to Actual Non-Ozone Season DERCs/Allowances Required forthe most recently completed Non-Ozone Season. Notwithstanding the control period limitations ofParagraph B.2 ofthis Trading Agreement and Order, Allowances used to comply with this Paragraph for a Non-Ozone Season must have been originally allocated for the control periods that correspond to the same calendar years within that Non-Ozone Season.
12. Doubling: Ifthe Actual DERCs/Allowances Required for any month, determined in accordance with Paragraph 8.8, exceeds the quantity ofDERCs and/or Allowances in the Respondent' possession on the first day ofthat month, then in addition to the deduction or transfer specified in Paragraph 8.10, the Respondent shall also deduct a quantity ofDERCs from the currentbalance ofDERCs possessed by the Respondent and/or transfer a quantity of Allowances from the Respondent' NOx General and/or Compliance Account to the CT State NOx RetirementAccount (Account ID CT0000000300 in the CAIR NATS) such that the total is equal to Actual DERCs/Allowances Required for that month. Such additional DERC deduction or Allowance transfer shall be performed at the same time as the DERC deduction or Allowance transfer specified in Paragraph B.I0 ofthis Trading Agreement and Order.
Ifthe Actual DERCs/Allowances Required for any Non-Ozone Season, determined in accordance with Paragraph 8.9, exceeds the quantity ofDERCs and/or Allowances in the Respondent' possession on the first day ofthe Non-Ozone Season, then in addition to the deduction or transfer specified in Paragraphs 8.1 I, the Respondent shall also deduct a quantity ofDERCs from the currentbalance ofDERCs possessed by the Respondent and/or transfer a quantity ofAllowances from the Respondent' NOx General and/or Compliance Accountto the CT State NOx Retirement Account (Account ID CT0000000300 in the CAIR NATS) such that the total is equal to Actual Non-Ozone Season DERCs/ Allowances Required for the most recently completed Non-Ozone Season. Such additional DERC deduction orAllowance transfer shall be performed at the same time as the DERC deduction orAllowance transfer specified in Paragraph 8.11 ofthis Trading Agreement and Order. Notwithstanding the provisions ofParagraph 8.12 ofthis Trading Agreement and Order, any violation ofParagraphs 8.8 and 8.9 ofthis Trading Agreement and Ordermay be subjectto additional enforcement action as may be deemed appropriate by the Commissioner in accordance with the Department's enforcement response policy.City ofNorwich Department ofPublic Utilities 

### 7 Trading Agreement and OrderNo. 8304

13. In addition to acquiring and using DERCS and/or Allowances as required underprior Trading Agreement and Orders, the Respondent implementedthe supplemental environmental program (SEP) incorporated by reference into Trading Agreement and OrderNo. 8119 at Exhibit 2. The SEP was designed to allow conversion ofthe City ofNorwich's vehicles to natural gas, and to provide the necessary infrastructure to help encourage othervehicle owners in the Southeastern Connecticut region to convert their vehicles to natural gas. Respondent shall continue to work with the Connecticut State Agencies and the administration to encourage the usc ofAlternative Fuel Vehicles in the State.
14. At the end ofeach calendaryear, the Respondent shall demonstrate that any Allowances used for compliance with this Trading Agreement and Order during the year arc surplus, quantifiable, enforceable and permanent. This shall be determined by demonstrating that the actual NOx emissions during the ozone season, as reported to the United States Environmental Protection Agency, from the emission unit to which the Allowances were originally allocated were equal to or less than the amount ofAllowances allocated to such unit by the State of Connecticut minus the Allowances used for compliance with this Trading Agreement and Order.
15. Maintenance and Tunc-up. During the life ofthis Trading Agreement and Order, the Respondent shall inspect and maintain the unit in accordance with the Respondent's periodic maintenance schedule. Such schedule shall be maintained at the location ofthe unit and made available to the Commissioner orhis/her designee upon request. The Respondent shall make and keep records ofeach inspection and maintenance event indicating the name and affiliation ofthe individual(s) performing the event, systems inspected/maintained during the event, parts replaced during the event, reason unit is believed to be in good working order following the event. 16. Record Keeping;

a. By the close ofeach calendarday, the Respondent shall record the actual fuel type and the actual quantity ofeach type offuel in units ofvolume per day orMMbtu perday for each fuel used on the preceding day in an emission unit described in this Trading Agreement and Order; b. On ofbefore the first day ofeach calendar month, the Respondent shall record the number ofDERCs and corresponding serial numbers and vintages for all DERCs in its possession on the first calendarday ofthat calendar month,

c. On orbefore the first day ofeach calendar month, the Respondent shall record the number ofAllowances and corresponding identification numbers and allocation control periods for all Allowances in its possession on the first calendar day ofthat calendarmonth, d. On orbefore the first day ofeach calendar month, the Respondent shall record the number ofDERCs and corresponding serial numbers, vintages, purchase/sales dates, and seller/buyer for all DERCs purchased or sold during the preceding calendarmonth,,--------------------------------

City ofNorwich Department ofPublic Utilities 8 Trading Agreement and OrderNo. 8304

e. On orbefore the first day ofeach calendarmonth, the Respondent shall record the number ofAllowances and corresponding identification numbers, purchase/sales dates, allocation years, and sellerlbuyer for all Allowances purchased or sold during the preceding calendarmonth,
f. On orbefore the first day ofeach calendar month, the Respondent shall record the Estimated DERCs/Allowances Required for that calendarmonth determined in accordance with Paragraph B.8 ofthis Trading Agreement and Order.
g. On orbefore the twentieth calendar day ofeach calendar month, the Respondent shall record the Actual DERCs/ Allowances Required for the preceding calendarmonth determined in accordance with Paragraph B.8 of this Trading Agreement and Order; h. On orbefore January 31 ofeach calendaryear, the Respondent shall record the quantity ofDERCs deducted in accordance with Paragraphs B.I0 and B.12 ofthis Trading Agreement and Order for the preceding year. Such records shall include the serial number and vintage ofeach DERC deducted from the Respondent currentbalance pursuant to Paragraphs B.I0 and B.12 ofthis Trading Agreement and Order.

I. On orbefore January 31 ofeach calendaryear, the Respondent shall record the quantity ofAllowances transferred in accordance with Paragraphs B.I0 and B.12 ofthis Trading Agreement and Order. Such records shall include the identification number and allocation control period ofeach Allowance transferred pursuantto Paragraphs B.I0 and B.12 ofthis Trading Agreement and Order.
J. Not more than ninety (90) days after the completion ofeach Non-Ozone Season, the Respondent shall record the Non-Ozone Season average NOx emission rate for the emission unit described in Table I, the quantity of DERCs and/or allowances possessed on the first day ofthe Non-Ozone Season, and the quantity ofDERCs deducted and/or Allowances transferred in accordance with Paragraphs B.II and B.12 ofthis Trading Agreement and Order. k. For each month ofthe Ozone season, the Respondent shall maintain records attesting to the fact that any DERCs deducted from its balance in

. accordance with Paragraphs B.II and B.12 ofthis Trading Agreement and Order satisfY the requirements ofParagraph B.2. Generator certification of this fact shall be sufficient. 

### I. On each day during the ozone season that the Respondent operates in accordance with Paragraph B.7 ofthis Trading Agreement and Order, the Respondent shall make and keep Records ofall emission unit operation in accordance with Paragraph B.7 ofthis Trading Agreement and Order, including copies ofany written correspondence from the Respondent' fuel supplier detailing the duration and circumstances ofthe inadequate fuel oil supply or interruption ofgaseous fuel supply to the emission units.City ofNorwich Department ofPublic Utilities 

### 9 Trading Agreement and OrdcrNo. 8304

17. Respondent shall retain records and supporting documentation required by this Trading Agreement and Order for aminimum offive years, commencing on the date such records were created. Respondent shall provide the records specified above to the Commissioner within thirty (30) days ofreceipt ofa written request from the Commissioner. All records shall be maintained in accordance with Sections 22a-174-4 and 22a-174-22 ofthe Regulations. 18. Reporting: No laterthan March I ofevery year after issuance ofthis Trading Agreement and Order, the Respondent shall submit to the Commissioner a written report containing copies of all ofthe records required pursuantto Paragraphs B.16.a

- B.16.i, and B.16.k- B.16.l ofthis Trading Agreement and Order. Not laterthan July 30 ofeach calendaryear, the Respondent shall submit a written report containing copies ofall records required pursuant to Paragraph B.16.j ofthis Trading Agreement and Order. The Commissioner may prescribe the forms to be used for the submission ofthese reports. The Respondent shall submit these reports on such forms, ifprescribed by the Commissioner. 19. FLERViolation. Violation ofan established FLER shall subject Respondent to make restitution by matching the quantity ofemissions ("true up") causedby the exceedance plus a 100% premium. The truc up in tons ofDERCs orAllowances shall be equal to the FLER exceedancc in IbsIMMBtu, multiplied by the total heat input during the period of noncompliance divided by 2000 Ibs/ton. Ifthe period ofnoncompliance is not known, the time period from the completion ofthe last/previous Department witnessed emission test through the date that FLER compliance is achieved as approved by the Commissioner shall be used. Notwithstanding this requirement, exceedance ofany FLER contained in Table I is a violation in Paragraph B.5 ofthis Trading Agreement and Order subject to enforcement action in accordance with the Department ofEnvironmental Protection's Enforcement Response Policy, in effcct at the time ofsuch violation.
20. FLERModification. FLERs set forth in Tablc I ofthis Trading Agreement and Order may be modificd only afterthe consent ofthe Commissionerby written modification ofthis Trading Agreement and Order. 21. Emissions Testing. The Respondent shall perform emissions testing in accordance with Section 22a-174-22(k) ofthe Regulations for each emission unit described in Table I ofthis Trading Agreement and Orderthat is not equipped with a continuous emissions monitoring system that was approved bythe Commissioner and that complies with Section 22a-174-4 of the Regulations and either 40 CFR 60, Appendix B&F or40 CFR 75.
22. Control Technology Evaluation. Not more than 12 months from the date ofissuance ofthis Trading Agreement and Order, the Respondent shall submit a control technology evaluation for thc emissions unit described in Table I to reduce emissions ofNOx to, at abare minimum, a rate or concentration that complies with the applicable limits ofSection 22a174-22 ofthe Regulations as maybe amended, without using, tendering, orotherwise acquiring Allowances or DERCs. Such evaluation shall include but notbe limited to thc following:

a. A detailed description ofthe subject emissions unit, currently installed emissions controls equipment and methods, all currently installed emissions monitoring systems;City ofNorwich Department ofPublic Utilities 

### 10 Trading Agreement and OrderNo. 8304

b. A detailed description ofany and all additional or alternative emissions control cquipment and methods or, combinations thereof, that are capable of reducing NOx emissions from the subject emissions unit to, at abare minimum, arate orconcentration that complies with the applicable limits of Section 22a-174-22 ofthe Regulations as may be amended, without using, tendering, orotherwise acquiring Allowances or DERCs;

c. An evaluation ofcapital costs, annual opcrating costs, and total annualized $/ton costs associated with the installation and operation ofany and all additional or alternative emissions control equipment and methods, or combinations thereof, that are capable ofreducing NOx emission from the subjectunit to, at a bare minimum, a rate orconcentration that complies with the applicable limits ofSection 22a-174-22 ofthe Regulations as may be amended, without using, tendering, orotherwise acquiring Allowances or DERCs;
d. An estimated schedule for the design, procurement, installation and operation ofany additional or alternative emissions control equipment and methods, or combinations thereof, that are capable ofreducing NOx emission from the subjectunit to, at a bare minimum, a rate orconcentration that complies with the applicable limits ofSection 22a-174-22 ofthe Regulations as may be amended, without using, tendering, or otherwise acquiring Allowances or DERCs;

e. A detailed description ofany adjustments and/or modifications that must be made to the emissions monitoring systems for the subject emission unit in orderto demonstrate compliance with, at least, Section 22a-174-22 ofthe Regulations as may be amended, without using, tendering, or otherwise acquiring Allowances or DERCs; and


### f. A detailed description ofany collateral environmental impacts that will result as a direct consequence ofthe Respondent's use ofadditional/alternative emissions control equipment and methods to reduce NOx emissions to, at a bare minimum, a rate orconcentration that complies with the applicable limits ofSection 22a-174-22 ofthe Regulations as maybe amended, without using, tendering, orotherwise acquiring Allowances or DERCs.

23. Full compliance. Respondent shall not be considered in full compliance with this Trading Agreement and Orderuntil all actions required by this Trading Agreement and Order have been completed as approved and to the Commissioner's satisfaction.
24. Approvals. Respondent 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 Commissioner notifies Respondent that any document or other action is deficient, and docs not approve it with conditions ormodifications, it is deemed disapproved, and Respondent shall correct the deficiencies and resubmit it within the time specified by the Commissioner or, ifno time is specified by the Commissioner, within 30 days ofthe Commissioner's notice29. False statements. Any false statement in any information submitted pursuant to this Trading Agreement and Order may be punishable as a criminal offense undcr Section 53a-157b ofthe Connecticut General Statutes and any other applicable law. 25. Definitions. As used in this Trading Agreement and Order "Commissioner" means the Commissioner or a representative ofthc Commissioner; The datc of"issuancc" ofthis Trading Agrccment and Order is thc datc the Trading Agreemcnt and Order is deposited in the U.S. mail orpcrsonally dclivered, whichevcr is carlier.

28. Noncompliance. This Trading Agreement and Order is a final order ofthe 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 Respondent to an injunction and penalties. Trading Agrccment and OrdcrNo. 8304 II

ofdeficicncies. In approving any document or other action underthis Trading Agreement and Order, the Commissioncrmay approve the document or othcr action as submitted or performed or with such conditions ormodifications as the Commissioner deems necessary to carry out the purposes ofthis Trading Agreement and Order. Nothing in this paragraph shall excuse noncompliance or delay.

27. Certification ofdocuments. Any document, including but not limited to any notice, which is required to be submitted to the Commissioner underthis Trading Agreement and Order shall be signed by an individual, employed bythe Respondent, who satisfies the criteria set forth in Section 22a-174-2a(a)(l) ofthe Regulations ofConnecticut State Agencies and by the individual(s) responsible for actuallypreparing such document. Each individual who signs documents in accordance with this Paragraph shall certify in writing as follows:
"I have personally examined and am familiar with the information submitted in this document and all attachments thereto, and 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. Iunderstand that any false statement made in the submitted information may be punishable as a criminal offense under Section 53a-157b ofthe Connecticut General Statutes and any other applicable law." 26. Datcs. The datc ofsubmission to the Commissionerofany document requircd by this Trading Agreement and Ordcr shall be the datc such documcnt is received by the Commissioncr. The date ofany notice by thc Commissioner underTrading Agrccmcnt and Ordcr, including but not limitcd to notice ofapproval ordisapproval ofany documcnt 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 calendarday. Any document or action which is requircd by this Trading Agreement and Order to be submitted orperformedby a date which falls on a Saturday, Sunday or a Connecticut or federal holiday shall be submitted orperformed bythe next day which is not a Saturday, Sunday orConnecticut or federal holiday. City ofNorwich Departmcnt ofPublic UtiliticsCity ofNorwich Department ofPublic Utilities 12 Trading Agreement and OrderNo. 8304

30. Notice oftransfer; liability ofRespondent. Until Respondent have fully complied with this Trading Agreement and Order, Respondent shall notify the Commissioner in writing no later than IS days aftertransferring all or any portion ofthe facility, the operations, the site or the business which is the subject ofthis Trading Agreement and Orderor after obtaining a new mailing or location address. Respondent' obligations under this Trading Agreement and Order shall notbe affected by the passage oftitle to anyproperty to any otherperson or municipality.
31. 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, preventor abate pollution, recover costs and natural resource damages, and to impose penalties for past, present, or future violations oflaw. Ifat any time the Commissionerdetermines that the actions taken by Respondent pursuant to this Trading Agreement and Orderhave not successfully corrected all violations, fully characterized the extent or degree ofany pollution, or successfully abated orprevented pollution, the Commissionermay institute anyproceeding to require Respondent to undertake further investigation or further action to prevent or abate violations orpollution.
32. Respondent' obligations under law. Nothing in this Trading Agreement and Order shall relieve Respondent ofotherobligations under applicable federal, state and local law.
33. No assurance by 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 Respondentpursuant to this Trading Agreement and Order will result in compliance orprevent or abate pollution.
34. Access to premises. Any representative ofthe Department ofEnvironmental Protection may enterthe without prior notice for the purposes ofmonitoring and enforcing the actions required or allowed by this Trading Agreement and Order.
35. No effect on rights ofotherpersons. This Trading Agreement and Orderneither creates nor affects any rights ofpersons or municipalities that arc notparties to this Trading Agreement and Order.
36. No Creation ofProperty Rights. This Consent Orderdoes not create any property rights with respect to these DERCs orAllowances.
37. Notice to Commissionerofchanges. Within 15 days ofthe date Respondent become aware ofa change in any information submitted to the Commissionerunder this Trading Agreement and Order, orthat any such information was inaccurate ormisleading orthat any relevant information was omitted, Respondent shall submit the correct or omitted information to the Commissioner.City ofNorwich Department ofPublic Utilities 13 Trading Agreement and OrderNo. 8304

38. Notification ofnoncompliance. In the event that Respondent become 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 Order or ofany documentrequired hereunder, Respondent shall immediately notifY by telephone the individual identified in the nextparagraph and shall take all reasonable steps to ensure that any noncompliance ordelay is avoided or, ifunavoidable, is minimized to the greatest extent possible. Within five (5) days ofthe initial notice, Respondent shall submit in writing the date, time, and duration ofthe noncompliance and the reasons for the noncompliance ordelay and propose, for the review and written approval of the Commissioner, dates by which compliance will be achieved, and Respondent shall complywith any dates which may be approved in writing by the Commissioner. Notification by Respondent shall not excuse noncompliance ordelay, and the Commissioner's approval of any compliance dates proposed shall not excuse noncompliance ordelay unless specifically so stated by the Commissioner in writing.
39. Submission ofdocuments. Any documentrequired to be submitted to the Commissioner under this Trading Agreement and Order shall, unless otherwise specified in this Trading Agreement and Orderor in writing by the Commissioner, be directed to:
Supervisor Administrative Enforcement Group Engineering and Enforcement Division Bureau ofAirManagement DepartmentofEnvironmental Protection 79 Elm Street, 5th Floor Hartford, Connecticut 06106 (860) 424-3702City ofNorwich Dcpartmcnt ofPublic Utilities 

### 14 Trading Agreement and OrderNo. 8304

Rcspondent consent to thc issuancc ofthis Trading Agreemcnt and Ordcr without further noticc. The undersigned ccrtifies that he/she is ful authorized to enter into this Trading Agreement and Order and to legally bind Respondent to the t and conditions ofthe Trading Agreement and Order.

Signature:-"

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Issued as a final consent order ofthe Commissioner ofthe Department ofEnvironmental Protection.

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TOWN OF MAILED CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Certified Documcnt