Agreement

This agreement is made in triplicate this 14th day of December 2004, between The Minister of the Environment (the Minister) and SynFuel Technologies, Incorporated (the Proponent),

Concerning

Any enterprise or activity by the Proponent in and around the Township of Red Rock relating to generating and transmitting electricity using petroleum coke and associated activities including the construction and use of any structures and the use of any equipment and other things (the Undertaking).

Whereas s. 3.0.1 of the Environmental Assessment Act states:

A person, other than a person referred to in clause 3 (a), who carries out, proposes to carry out or is the owner or person having charge, management or control of an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity may enter into a written agreement with the Minister to have this Act apply to the enterprise, activity, proposal, plan or program.

Whereas the Proponent is a person, other than a person referred to in clause 3 (a) of the Environmental Assessment Act, who carries out, proposes to carry out or is the owner or person having charge, management or control of an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity which is described above as the Undertaking.

Whereas the Proponent has requested that the Environmental Assessment Act apply to the Undertaking.

Now, therefore

The Minister and the Proponent agree that the Environmental Assessment Act apply to the Undertaking.

Executed at Toronto, by:

Original signed by:
Minister of the Environment

Executed at Thunder Bay, by:

Original signed by:
Mr. Ron Forbes, General Manager
SynFuel Technologies, Incorporated
I have the authority to bind the Corporation.