# STATE OF CON_ ECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the matter of The State ofConnecticut and 

### The Connecticut Resources,RecoveryAuthority 

# , ) 

# l l 

# l Trading Agreement and OrderNo. 8116A

Whereas, the Commissioner ofEnvirorunental Protection (,'Commissioner") and the Connecticut Resources Recovery Authority ("eRR..A.") agree that 

### it is in the public interest that they work cooperatively to improve the air quality within the State ofCOJU1ecticllt and that the use ofdiscrete 

### emission reduction credit ("DERen) 

### trading to reduce nitrogen oxide (''NOx'') emissions will achieve this result in atimely and cost-effectivemanner.

A. At the request and with the agreement ofCRRA, the Commissioner finds the following: I.. This Trading Agreement and Order 5upercedes Consent Order 1494A issued on May 4,2001; and Trading Agreement and Order 8116 issued on April 22, 1997; as amended on October 9, 1997, May 13, 1998 and December 15, 2000, and modified on April 29, 1999 and May 22, 2000.

: 

## , -.:.J 2. CRRA is a public instrumentality and political subdivision ofthe State ofConnecticut established to provide solid**wast~** management services to Connecticut's municipalities located at Reserve-Maxim Roads, Hartford, COIUlecticut ("facility"). 3. At the facility, CRRA owns and operates fuel burning equipment which consists ofeight (8) combustion turbines ("peaking units") and one (I) auxiliaryboiler ("boiler') which are subject to section 22a-174-22 oftlle Regulations ofConne.:ticut State Agencies (HRegulations") pertaining to the control ofNOx emissions. 4. On the dates provided in Table 1 ofthis Trading Agreement and Order, CRRA perfonned NOx stack emission testing approved by the Commissioner. 5. CRR.A" exceeds the NOx allowable emission rate limit specified in Section 22a·174-22(e) ofthe Regulations as shown in Table 1 ofthis TradingAgreement and Order.

(Prinled on Recycled" Paper) 79 Elm Sllee: • Hanford", CT 06106·5127 htip: lidep.StaIe. CI.llS All Equel Oppor/lUlil)' E",plorerThe Cormecticut Resources Recovery Authority


### Table 1 Trading Agreement and 

### OrderNo. 8116A

NOx**E~'USSION** RATES AND ALLOWABLE LIMITS (IbslMMBtu) Fuel Burning FUEL FLER NOx StackTest Date of Equipment! (lbsIMMBtu) Allowable Rate Stack Test Next Stack Registration No. Rate (IbsIMMBtu) Test Due (IbsIMMBtu) Date
llA No.2 or 0.74 03120101 03120106 other 

## , R260 

### . distillate oil 0.81 0.289 

# , liB No.2 or 0.75 03120101 03120106 R161 other distillate oil 0.81 0.289 12A No.2 or 0.76 03121/01 03121106 R.262 other distillate oil 0.81 0.289 12B No.2 or 0.79 03121101 03121106 R263 other distillate oil 0.81 0.289 13A No.2 or 0.72 03/22/01 03122106 R264 other distillate oil 0.81 0.289 13B No.2 or 0.70 03122101 03122/06 R.2V5 other distillate oil 0.81 0.289 14A No.2 or 0.73 03123101 03123/06 R266 other distillate oil 0.81 0.289 14B No.2 or 0.71 03123/01 03123106 R.267 other distillate oil 0.81 0.289 Auxiliary Boiler No.9 No.4 0.285 12n199 12nl04 R275 fuel oil 0.40 0.25 6. Pursuant to the Department ofEnvironmental Protection ("Department") policy on 

### "Credit Trading/orSources with IrregularNOx Emissions" as revised on February 27,2001, and attached hereto and incorporated byreference into this Trading Agreement and Order as Exhibit 1, each peaking unit has peak daily NOx emissions greater than three times the average daily emissions during the ozone season and is therefore considered a source with irregular NOx eIDlSSIODS. 

### 7. Pursuant 10 

### Section 22a-174-220) ofthe RegulalioDS CRRA proposes to comply with Section 22a-174-22(e) ofthe Regulations, for the peaking units' emissions, through the use ofapproved DERCs until May I, 2005 at the facility in accordance with this Trading Agreement and Order.



# ,

. 

## ,**~'.** 

### " 8. Pursuant to Section**22a~174~22(j)** ofthe Regulations CRRA proposes to comply with Section 22a-174-22(e) ofthe Regulations, forthe boiler's emissions, through the use ofapproved

-2-The Connecticul Resources 

### RecoveryAuthority Trading Agreement and Order 0.8116A 

### DERCs until April 30, 2007, at the facility in accordance with this Trading Agreement and Order. 9. The Commissioner, in accordance with the provisions ofTrading Agreement and OrderNo. 8116, as amended on October 9,1997, May 13, 1998 and December 15, 2000, and as modified on Apri129, 1999 and May 22, 2000, Plmuant to Scotion 22a-174-22(d)(3) ofthe Regulations, approved the generation ofNOx DERCs referenced in Table 2 ofthis Trading Agreement and 

### Order. DERC creation**seri~l** 

### number assigned by

### theDepartmentto these previously approved reductions ofNOx emissions are identified, ifavailable, inTable 2ofthis Trading Agreement and Order. DERCs are subject to the vintagerestrictions ofthis Trading Agreement and Order. The expiration date, provided in Table 2 ofthis Trading Agreement and Order, indicate the date after which unused DERCs will no longerbe eligible for use. 

### C G Table 2 

### previously Approved DER s enerated Year of Non-Ozone season NOx DERC serial**Non~ozone** Expiration Date Generation number season NOx DERCs 1998 CT98/8116A3(DC)Noxnoz1-114 114 12131/04


### ('\.8 

### J The Commissioner, in accordance with the provisions ofthis Trading Agreement and Order, pursuant to Subdivision**22a-174~22(j)** ofthe Regulations, hereby allows CRRA to complywith Section 22a-174-22 ofthe Regulations, at the facility, through use ofDERC and Budget emission reduction credits ("BDER-C") trading. 

# c. Therefore, with the agreement ofCRRA, the Commissioner, acting under Connecticut General Statutes Sections 22a-6, 22a-171, 22a-174, 22a-176 and 22a-

### J77, hereby orders CRRA as follows: l. Upon issuance ofthis Trading Agreement and Order, at the facility, CRRA shall comply \vith Section 22a-174-22 ofthe Regulations through emission reduction trading until the peaking 

### uuiLs al:hieve permanent compliance with the emission standard 

### in Section**22a~174-22(e)** ofthe regulation orby May 1, 2005, whichever occurs earlier, as follows:

a. CRRA shall use approved DERCs as required under this Trading Agreement and Order; b. CRRA shall have 

### in its possession sufficient approved DERCs to meet applicable NOx emission limits as allowed under this Trading Agreement and Order; and

c. CRRA. shall comply during operation ofeach peaking 

### unit with the FLERs shown 

### in Table 1 ofthis Trading Agreement and Order. 2. Upon issuance ofthis Trading Agreement and Order, at the facility, CRRA shall complywith Section 22a-174-22 ofthe Regulations through emission reduction trading until the boiler
-3-The Connecticut Resources Recovery Authority Trading Agreement and Order No. 8ll6A

I

__.J achieves permanent compliance with the emission standard in Section 22a-174-22(e) ofthe Regulations orby April 3D, 2007, whichever occurs earlier, as follows:

a. CRR.A. shall use approved DERCs as required under this Trading Agreement and Order; b. CRRA shall have in its possession sufficient approved DERCs to meet applicable NOx emission limits 

### as allowed under this Trading Agreement and Order; and

c.. CRRA sball comply'during operation ofthe boilerwith the FLER sbown 

### in Table 1 of this TradingAgreement and Order.

3. DERC use for the Peaking Units.

a. Until May 

### I, 2005, before the first day ofeach month CRRA shall have in its possession sufficient approved DERCs for thepeaking units based on the following calculations. Before the first day ofeach month, CRRA shall estimate DERCs required for such month for the peaking units as follows: 

### (i) At all times (mass calculation); Estimated DERCs (tons) use {(Estimated fuel use in MMBru)x«(FLER)-(0.95 x NOx allowable entission limit))).;. 2oo0Ibsiton Where:

• Allowable limit = allowable limitrate in Ibs/MMBtu shown in Table 1 of this Trading Agreement and Order.

• FLER = full load emission rate 

### in Ibs&11'v1Btu as shown in Table I ofthis Trading Agreement and Order.

• Discawlt (0.95) = 5% dtsign margin**app]j~d** tu tht alluwablt-limit ratt. (ii) During the ozone season onlv (peak day calculation); The maximum actual excess NOx emissions (in lbs) on any ofthe days projected by the Commissioner to be "moderate to unhealthful," "unhealthful," or "very unhealthful," divided by 3 and then divided 

### by 13 (with the result in tons): EstimatedDERCs (in tons) use = [(Estimate excess NOx 

### in Ibs).;. 3J.;. [13 Ibsldaylton] b. No later than October 30 of2oo3, 2004, 2005 and 2006 calculate the DERCs used 

### in tbe preceding ozone season as the greater of:

- 4-

### The ConnecticutResources Recovery Authority TradingAgreement and OrderNo. 8116A (i.) 

### The actual total excess emissions for the ozone season in tons, as follows: Acrua! DERCs (tons) use = 

### {(Acrual fuel use in MMBtu)x((FLER)-(0.95 x 

### 'Ox allowable emission limit»)}-:- 20001bs/ton OR 

### (ii) Themaximum actual excess NOx emissions (in lbs) on anyofthe days projected by the**Commissio~er** 

### to be "moderateto unhealthful," "unhealthfuJ,'· or "very unhealthful," divided by 3 and then divided by 13 (with the result in tons): Actual DERCs (in tons) used = 

### [(Acrual excess NOx in Ibs) .;. 3J .;. [13 Ibs/day/ton] As 

### described in Exhibit I ofthis 

### TradingAgreement and Order, to the extent that DERCs used to offset on peak daybasis exceed the total mass excess emissions, remaining DERCs may beused in the non-ozone season in the same or subsequent years through April 30. 2007.

c. 

### During the non-Olone season starting on October 1. 

### 2003: Until May 1, 2005, from October 1, 2003, tlu"ough April 30, 

### inclusive, each year, the peakingunits shall, in addition to meeting the 24-houremission limit in Table 22-1 ofSection 22a-174-22 ofthe 

### Regulations, meet anon-ozone season emission limit of0.15 Ib!MMBru. Priorto October I. 2003 and October I. 2004. CRRA shall have in its 

### possession sufficient approved DERCs orallowances for the non-ozone season to complywith Section 22a.174.22(e)(3) ofthe Regulations based on the following 

### calculations. Before the first dayofeach non-ozone season, eRR.A. 

### shall estimate DERCs required for such**non~ozone** 

### seasonfor the peaking

### units as follows: Estimated DERCs (tons) use = 

### [Estimated fuel use in MMBtu from October J 

### through 

### April 30 x (Estimated maximum emission rate in lbsIMMBtu during October 1tlu"ougb April 30

- (0.95 x 0.15 Ib!MMBru))J.;. 2000 Ibslton 

### d. No later than May 31 of2004 and 2005, calculate DERCs used in the precedingnooozone season as follows: Actual DERCs (tons) used = 

### [Acrua! fuel use in MMBru from October I through April 30 x (Acrual emission rate in IbsIMMBru during October I through April 30

- (0.95 x 0.15 IblMMBru))J .;. 2000 Ibs/ton 4. DERC use for the boiler: Until April 1.2007. before the first day ofeach month CRRA 

### shall have in its possession sufficient approved DERCs for the boilerbased on the following calculation.

-5-The Cormecticut Resources Recovery Authority Trading Agreement and Order No. 8ll6A

a. Before the first day ofeach month, CRRA. shall estimate DERCs required for such month for the boiler as follows: Estimated DERCs (tons) use = {(Estimated fuel use 

### in MMBtu)x«FLER)-(O.95 x NOx allowable emission limit))}.;. 2000lbslton Where:

•**AlJowabl~** limit allowable limitrate 

### in IbslMMBtu sbown 

### in Table 1 of this TradingAgreement and Order.

• FLER = full load emission rate 

### in Ibs!M:MBtu as shown in Table I ofthis Trading Agreement and Order.

• Discount (0.95) = 5% design margin applied to the allowable limit rate.

b. No laterthan the twentieth day ofeach month, calculate the actual DERCs used in the preceding calendarmonth, as follows: Actual DERCs (tons) used {(Actual fuel use 

### in MMBtu)x«FLER)-(O.95 x NOx allowable emission limit))}.;. 2000lbslton 5. _. BDERCs shall onlybe used byother NOx BudgetProgram sources located 

### in Connecticut. BDERCs shall onlybe used to offset ozone season excess emissions, and shall not be used for compliance during the non-ozone season. BDERCs generated during a given year shall onlybe used during the following ozone season. BDERCs are subjectto all DERC requirements set forth 

### in Litis Trading Agreement and Orderexceptfor those requirements pertaining solely to non-ozone season DERCs and as otherwise maybe provided. 6. CRRA shall make and keep records of: dailyfuel use and fuel type; excess NOx emissions; the number ofDERCs in its possession, purchased and used (by serial number ifassigned) each month in accordance with the appropriate emission rates and limits in this Trading Agreement and Order; the number ofDERCs used during the ozone' season and non-ozone season (the remainder ofthe year); during the ozone season, tbc ozone c1assitication as forecasted by the Commissioneron the previous day; as well as documentation attesting to the fact that approved DERCs used during the ozone season were generated during the ozone season. Generator certification ofthis fact shall be sufficient. CR.R.J\. shall maintain and submit such records to the Commissionerin accordance with Section 22a-174-22 ofthe Regulations. 7. Record Keeping. CRRA shall retain records and supporting documentation as described 

### in this Trading Agreement and Orderfor aminimum offive years, commencing on the date such records were created. CRRA shall maintain documentation to anest to the fact that the DERCs used during the ozone season were generated during the ozone season. generator certification of this fact shall be sufficient; and provide the records specified above to the Commissionerwithin thirty (30) days ofreceipt ofawritten request from the Commissioner.

-6-The Connecticut Resources Recovery Authority Trading Agreement and OrderNo. 8116A 8. Annual Emission Statement. No laterthan March 1 ofeveryyear after issuance ofthis Trading Agreement and Order, CRRA" shall include with the Annual Emission Statement provided to the Commissioner, arecord ofeach sale or othertransfer, and use ofany and all of the DERCs approved within and subsequent to issuance ofthis Trading Agreement and Order until all such DERCs have been used or are no longerin CRR.A,,'s possession. CRRA shall also include actual NOx emissions from each ofthe peaking units and the boiler and the amoWlt of all DERCs used (including serial nwnbers (ifassigned) and approved DERCs generated and/or purchased from otherfacilities), generated and/or approved forthe previous calendaryear. 

# . , These reports shalI be on a form prescribedby the Commissioner and shall be in monthly increments, and for the peaking units by ozone andnOD-ozone seasons. 9. Allowance Use. Pursuant to Section 22a-174-22(e)(3) ofthe Regulations, CRRA may use NOx allowances, until May 1, 2005 for the peaking units and through April 30, 2007, for the boiler pursuant to Section 22a-174-22(j) ofthe Regulations to achieve all or aportion ofthe reductions required by section 22a-174-22 ofthe Regulations. Any allowance used for compliance with Section 22a-174-22(e) ofthe Regulations shall be subject to all restrictions and/orrequirements applicable to DERCs contained in this Trading Agreement and Order;

a . 

### In order for CRRA to use NOx allowances, CRRA shall create a general account or use an existing compliance accoWlt or overdraft accoWlt in EPA's NOx Allowance Tracking System ("NATS"); and**~.",** .' )**.~** b. Each allowance used for compliancewith Section 22a-174-22 ofthe Regulations shall be equivalent to one discrete emission reduction credit. Allowances shall be considered used for compliance with Section 22a-174-22 ofthe Regulations when they are transferred from the facility's NOx general account in the NATS orthe facility's Nox compliance aCCOUDt in theNATS to the CT State NOx Retirement Account (Account ID·CTOOOOOOO300 in the NATS). 10. DERC Doubling. At aminimum, DERCs required shall be adjusted upwards by 100% if DERCs are not in CRRA's possession prior to use. However, based on the gravity ofthe noncompliance, the Commissionermayrequire additional upward adjustment. 11. VintaQe Restriction. Forthe purposes ofcompliance with Section 22a-174-22 ofthe Regulations, DERCs/allowances shall onlyremain valid for five (5) calendaryears from the year ofthe generation/allocation ofsuch DERCs/allowances. DERCsiallowances olderthan five (5) calendaryears from their creation/allocation are not valid foruse for compliance with Secrion 22a-174-22 ofthe Regulations. Notwithstanding the above, DERCsialiowances generated/allocated priorto calendar year 2000 are valid for use for compliance with Section 22a-174-22 ofthe Regulations up to and includingDecember 31, 2004.

, j '.-' 12. FLER Exceedance

.. oncompliance with an established FLER shall subject CRRA to make restitution by matching the quantity ofemissions 

### ("true up") caused by the exceedance plus a I00% premium. The true up in tons ofDERCs shall be equal to the FLER exceedance in

-7-

### The Connecticut Resources Recovery Authority Trading Agreement and 

### OrderNo. 8116A IbslMMBtu, multiplied by the total heat input during the period ofnoncompliance divided by 2000 lbs/ton. Ifthe period ofnoncompliance is not known, the time period from the completion ofthe last/previous Department witnessed emission test through the date the FLER compliance is achieved as approved by the Commissioner shall be used. However, nothing in this Trading Agreement and Order shall affect the Commissioner's authority to institute any proceeding ortake any other action to require additional upward adjustment, based on the gravity ofany alleged noncompliance orviolation oflaw. 13. FLERModification. FLE.Rs set forth in Table 1 ofthis Trading Agreement and Ordermay be modified only afterthe consent ofthe Commissionerby written modification ofthis Trading Agreement and Order. 14. Emissions Testing. Pursuant to Section**22a-174~22(k)** 

### ofthe Regulations CRRA shall conduct NOx emission tests ofthepeaking units and boiler at least once every five years commencing from the dates ofthe emission tests for the peaking units and boiler as provided in Table 1 of this Trading Agreement and Order.

### ~'''' 

# . ,r**.~,** 

### 15. Extension. No later than May 1, .2005, with respectto the peaking units, CRRA shall comply with the requirements ofSubdivision**22a~ 174~22(**  

### d)(l) ofthe Regulations. No later than April 30, 2007, with respect to the boiler, CRR.A... shall complywith the requirements ofSubdivision 22a-174-22(d) ofthe Regulations. However, afterfull program review ofthis and other Trading Agreements and Orders and, ifdetermined to be appropriate, the Commissionermay grant awritten extension ofthis Trading Agreement and Order. 

### 16. Future Compliance Report. On orbefore September 1,2004, CRRA shall submit.a report indicating how the facility shall complywith Section**22a~ 174~22**  

### ofthe Regulations with 

### respectto the peaking units on and afterMay 1, 2005. On orbefore September 1, 2006, CRRA shall submit arep0r! indicating how the facility shall comply with Section**22a~174·22** 

### ofthe Regulations with respect to the boileron and afterMay 1,2007. 17. Full compliance. CRRA shall notbe considered in 

### full compliance with this Trading Agreement and Orderuntil all actions required by this Trading Agreement and Orderhave heen completed as approved and to the Commissioner's satisfaction. 18. Approvals. CRRA shall use best efforts to submit to the Commissioner all documents required by this Trading Agreement and Order in acomplete and approvable form. lfthe Commissioner notifies CRRA that anydocument orother action is deficient, and does not approve it with conditions ormodifications, it is deemed disapproved, and CRRA shall correct the deficiencies and resubmit it within the time specifiedby 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 Commissionermay approve the document orother action as submitted orperfonned or with such conditions or modifications as the Commissioner deems necessary to carry out the purposes ofthis Trading Agreement and Order. Nothing in this paragraph shall excuse noncompliance or delay.
-8-

### The Connecticut Resources RecoveryAuthority Trading Agreement and Order o.8116A

19. Definitions. As used in this Trading Agreement and Order, "Approved DERCs" are those for 

### which the Commissioner has provided '."ntteD 

### authorization for use in compliance with Section 22a-174-22 ofthe Regulations; "Commissioner" means the Commissioneror arepresentative ofthe Commissioner; "Ozone season" means the period from May 1 through September 30 in 

### anygiven calendaryear. The date of"issuance" ofthis Trading Agreement and Order is the date the Trading Agreement and Orderis deposited in the U.S. mail orpersonally delivered, whichever is earlier. 

### 20. Dates. The date ofsubmission to the Commissionerofany documentrequired by

### this Trading Agreement and Order shall be the date such document is received by the Commissioner. The date ofanynotice by the Commissionerunder TradingAgreement and Order, including but not limited. to notice ofapproval or disapproval ofany document or other action, shall be the date such notice is deposited in the U.S. mail 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 calendar day

..Any document or action which is required by this Trading Agreement and Orderto be submitted orperformed by a date which falls on a Saturday, Sunday or a Connecticut orfederal holiday shall be submitted orperformed by the next day which is not a Saturday, Sundayor Connecticut orfederal holiday. 

## 'Cl '..J 

### 21,· Certification ofdocuments. Any document, including but not limited to any norice, which is required to be submitted to the Commissionerunder this Trading Agreement and Order shall be signed by CRRA or, ifCRRA is not an individual, byRespondent's chiefexecutive officer or a duly authorized representative ofsuch officer, as those tenns are defined in §22a-430-3(b)(2) of the Regulations ofConnecticut State Agencies, and by the individual(s) responsible for actually preparing such document, and CRRA or CRRA chiefexecutive officer and each such individual shall certify in writing as follows: "I have personally examined and am familiar with the infonnation submitted in this document and all attachments thereto, and I certify, based on reasonable investigation, includingmy inquiry ofthose individuals responsible for obtaining the information, that the !\uhmiued information is mle, accurate and complete to the best ofmy knowledge and belief. I understand that any false statementmade in the submitted inforrnation is punishable as a criminal offenseunder §53a-157b ofthe Connecticut General Statutes and any other applicable law." 22. Noncomoliance. This Trading Agreement and Orderis a frnal order ofthe Commissioner with respect to thematters addressed herein, and is nonappealable and immediately enforceable. Failure to complywith this Trading Agreement and Ordermay subject**C~** to an injunction and penalties.



### . 

# ,
, i



# --- 0' -j. False statements. Any false statement in anyinformation submitted pursuant to this Trading Agreement and Order is punishable as a criminal offense under §53a-157b ofthe Connecticut General Statutes and any other applicable law.

-9-The Connecticut Resources Recovery Authority Trading Agreement and OrderNo. 8116A

24. Notice oftransfer: liability ofCRR>\. Until CRRA has fully complied with this Trading Agreement and Order, CRRA shall notifythe Commissionerin writing no later than 15 days after transferring all or anyportion 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. CRRA's obligations under this Trading Agreement and Order shall not be affected by the passage oftitle to anyproperty to any otherperson or municipality. I 25. Commissioner's powers. -...Nothing 

### in this Trading Agreement and Order shall affect the Commissioner's authorityto institute anyproceeding ortake any other action to prevent or abate violations oflaw, prevent or abate pollution, recover costs and natural resource damages, and to impose penalties for past, present, or future violations oflaw. 

### Ifat any time the Commissioner detennmes that the actions taken by CRRA pursuant to this Trading Agreement and Order have not successfully corrected all violations, fully characterized the extent or degree ofanypollution, or successfully abated orprevented pollution, the Commissioner may institute anyproceeding to require CRRA to undertake further investigation or further action to prevent or abate violations orpollution. 26. CRRA's obli2ations under law. Nothing in this Trading Agreement and Order shall relieve CRRA ofother obligations under applicable federal, state aod 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 assuranceby the Commissioner that the actions taken by CRRApursuant to this Trading Agreement 2Ild-Order will result in compliance or prevent or abate pollution.

" -.J 

### 28. Access to facilitv. Any representative ofthe Department ofEnviromnental 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. NQ effect on rights ofother persons. This Trading Agreement and Order neither creates nor affects any rights ofpersons or municipaJitie.c; that are not parties to this Trading Agreement and Order. 30. No Creation ofPropertv RiQhts. This Trading Agreement and Order does not create any property rights with respect to those DERCs. 3]. Notice to Commissioner ofchanges. Within 15 days ofthe date CRRA becomes aware ofa change in any information submined to the Commissioner under this Trading Agreement and Order, or that any such information was inaccurate .or misleading or that anyrelevant information was omined, CRRA shall submit the correct or omined infotmation to the Commissioner.

-10-The Cormecticut Resources Recovery Authority Trading Agreement and OrderNo. 8116A

.' 32. Notification ofnoncompliance. In the event that CRRA. becomes aware that it did not ormay not comply, ordid not ormay not comply on time, 

### with anyrequirement ofthis Trading Agreement and Order orofanydocument required hereunder, CRR",- shall immediately notify by telephone the individual identified in the next paragraph 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, CRRA shall submit in writing the date, time, and duration ofthe noncompliance and the reasons for the noncompliance or delay and1propose, forthe review and written approval ofthe Commissioner, dates by which compliance will be achieved, and CRRA shall comply with anydates which may be approved in writing by the Commissioner. Notification by CRRA shall not excuse noncompliance or delay, and the Commissioner's approval ofany compliance dates proposed shall not excuse noncompliance or delayunless specifically so stated by the Commissioner in writing. Submission ofdocuments Any document required to be submitted to the Commissioner under this Trading Agreement and Order shall, unless otheI"'Nise specified in this Trading Agreement and Order or 

### in writing by the Commissioner, be directed to: Mrs. Elizabeth McAuliffe Emissions Trading Unit Compliance and Field Operations Division 5th Floor Bureau of

### AirManagement Department ofEnvironmental Protection 79 Elm Street Hartford, Connecticut 06106

-11-

### The Connecticut Resources Recovery Authority TradingAgreement and OrderNo. 8116A



### CRRA. consents to the issuance of this Trading Agreement and Order without further notice. The undersigned certifiesthathe/sheis fully

### authorized to 

### enterinto this TradingAgreementand Orderand to legally bind CRRA to the tenns and conditions ofthe 

### Trading Agreement and Order.
Connecticut Resources RecoveryAuthority

(I l 

# /,,,1 Q3 Thanas D. Kirk 

### President 

### Signature: Type Name: Type Title: 

### Date:

Issued as afinal order ofthe 

### Commissioner ofthe 

### Department of

......Unvironmental Protection on

# *' ,2003. _' I



### ArthurJ. oeque, Jr. 

### Commissi ner
CITY OF HARTFORD LAND RECORDS MAILED CERTIFIED MAIL, RETURN RECEIPT REQUESTED 

### CertifiedDocument

-12-