Control of Sulfur Oxides (SOx) Emissions Sample Clauses

Control of Sulfur Oxides (SOx) Emissions. The Parties agree that based on a joint meeting with the Maricopa County Air Quality Department (“MCAQD”), that MCAQD will issue individual air quality permits to the Plant and the Processing Facility; however, the allowable total emission limitations will be shared between both facilities. These limitations will be established based on the potential to emit for the Plant only; which will allow the Plant to operate continuously in the event that the Project does not operate for twelve (12) months. The emissions limits for sulfur oxide (“SOx”) emissions is 91 tons per year (“tpy”) (twelve (12) month rolling total) and 18,500 pounds per month (“lbs/month”), and the Plant and the Processing Facility will add their SOx emissions together to determine compliance with these limits. The monthly SOx emissions should be calculated and then forwarded to Phoenix and the Developer to complete their respective monthly emission reports and the annual emission inventory. The flares of the Plant and the Processing Facility will be allowed to emit up to 88.76 tpy (twelve (12) month rolling total) and 18,129 lbs/month of SOx. The remaining 2.24 tpy and 3711 lbs/month of the permitted SOx emission limits will be for the remaining sources of SOx at the Plant. The Parties acknowledge that the total SOx emissions from both the Processing Facility and the Plant is a function of the volume of Biogas and Acid Phase Gas generated by the Plant and the hydrogen sulfide (“H2S”) concentration level of the Biogas and Acid Phase Gas, which is controlled by Phoenix through the addition of ferric chloride to the incoming sludge to the Plant. Therefore the Parties agree that Developer may rely on Phoenix’ operation of the Plant to regulate and reduce the Processing Facility’s SOx emissions. In recognition of these circumstances and conditions, to the extent allowed by law Phoenix shall (i) affirmatively take responsibility for all exceedances of SOX emissions from the Processing Facility, and either (ii) protect, defend, indemnify, and hold Developer, its directors, officers, employees, agents, representatives, co-ventures, tenants, contractors, and servants (the “Developer Indemnitees”), harmless from any and all costs, expenses, losses and liabilities that one or more Developer Indemnitees might incur relating to any exceedances of the Processing Facility’s SOx emissions or (iii) or otherwise fully compensate the Developer Indemnified Parties. If Phoenix does not comply in full with the i...
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Related to Control of Sulfur Oxides (SOx) Emissions

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