Common use of Air Emissions Compliance Clause in Contracts

Air Emissions Compliance. A. NASA holds a facility-wide Federal Clean Air Act Title V Air Operation Permit issued by the FDEP that governs air emissions from hundreds of NASA-owned regulated and insignificant emission sources and activities across KSC and Cape Canaveral Air Force Station. The NASA EAB will provide a copy of the latest version of this permit to Partner upon request. B. If NASA-owned equipment is deployed to Partner sites or used by NASA contractors at other locations to perform services under this Agreement, Partner shall be responsible for complying with all air emission compliance requirements (such as recordkeeping, maintenance, testing, use restrictions, emissions limits, permitting, etc.) levied by the NASA EAB in the REC at Partner's expense. If Partner opts to have NASA's contractor execute these requirements, such costs shall be documented in the applicable Annex. If Partner's proposed or actual use of NASA-owned equipment triggers an air emissions permitting action, Partner shall coordinate with the NASA EAB to discuss the approach, alternatives, and requirements. If NASA agrees to modify the NASA KSC Title V Air Operation Permit, Partner shall be responsible for completing the permitting action and meeting all compliance requirements in accordance with paragraph 2.F. at Partner's expense. Otherwise, Partner may be required to obtain and manage its own separate air emissions permit for the use of NASA's equipment in accordance with paragraph 2.E. at Partner's expense. These requirements apply regardless of whether the equipment is used, managed, controlled, maintained, repaired, serviced, fueled, or operated by Partner personnel or by NASA contractors. C. If Partner or NASA contractors performing services for Partner under this Agreement generate air emissions at existing emission sources (such as paint booths, vent hoods, scrubbers, backup power generators, etc.) covered under the NASA KSC Title V Air Operation Permit, the NASA EAB shall preapprove the work to ensure that the Partner's proposed activities and air emissions will not violate permit conditions, limit NASA's operational flexibility, require a permit modification, or subject NASA to undue compliance liability. If approved, Partner is responsible for ensuring that its work activities comply with all air emission compliance requirements (such as recordkeeping, maintenance, testing, use limitations, permitting, etc.) levied by the NASA EAB in the REC at Partner's expense. If Partner opts to have NASA's contractor execute these requirements, such costs shall be documented in the Annex. If a permitting action is required and NASA agrees to modify the NASA KSC Title V Air Operation Permit, Partner shall execute the permitting action and meet all compliance requirements in accordance with paragraph 2.F. at Partner's expense.