Emissions Averaging Sample Clauses

Emissions Averaging. With respect to existing Environmental Laws, including, but not limited to, the NOx emissions limits set forth in Title IV of the federal Clean Air Act, that allow facilities to achieve compliance with unit specific emission limitations by averaging emissions of the subject pollutant from all subject emissions units at a facility (or in some cases, with units at other facilities), and any future legislation or regulations passed by the United States or Indiana that also allow for such emission averaging to achieve compliance, Buyer agrees that at Seller’s option, it will (to the extent permitted by applicable Law) allow Unit 1 to be included in such emission averaging plan, provided that if the costs that Buyer will incur to participate in such emissions averaging plan are reasonably likely to exceed Buyer’s expected cost to comply with the legislation or regulation absent such participation, Buyer shall only be obligated to participate in such plan if Seller will agree to reimburse Buyer for any additional costs or expenses incurred by Buyer as a result of its participation in the emissions averaging plan above the costs and expenses it would have otherwise incurred to comply with the legislation or regulation. Without limiting the foregoing, to the extent that the United States Environmental Protection Agency promulgates maximum achievable control technology regulations pursuant to Section 112 of the federal Clean Air Act to regulate mercury emissions from coal-fired or coal-derived fuel electrical generating units, and said regulations allow emissions averaging among subject units at the Station or with units at other Seller-owned or operated facilities to achieve compliance with such regulations, Buyer agrees, at Seller’s option, to participate in an emissions averaging plan designed to achieve compliance with such regulation, subject to the conditions otherwise set forth in this Section 6.16.