Common use of THE SIGNIFICANCE OF THE XXXX Clause in Contracts

THE SIGNIFICANCE OF THE XXXX. XxXXX FINDING AND NOTICE OF VIOLATION (NOV) On September 27, 2001, the U.S. Environmental Protection Agency (EPA) issued a Finding and Notice of Violation (NOV) against Xxxx-XxXxx Chemical L.L.C. ("KMC"), for violations at its inorganic chemical manufacturing facility in Henderson, Nevada. The NOV found violations of the Clean Air Act's New Source Review (NSR) program going back to May 1994. The penalties levied of $25,000.00 to $27,500 per day go back to 1994 for each violation and are subject to administrative mitigation. The EPA alleged that Xxxx-XxXxx violated EPA approved Clean Air Act State Implementation Plan (SIP) rule sections from the 1979 SIP (amended in 1981/82). The NOV cited two instances where the Xxxxx County Health District's Air Quality Division (the predecessor to DAQM) issued permits to Xxxx-XxXxx in contradiction to the approved SIP regulations. The NOV acknowledges that local rules approved as part of the approved SIP on May 11, 1999 were vacated and remanded in Hall v. EPA, No. 99-70853, 263 F.3d 926 superseded by 273 F.3d 1146 (9th Cir. 2001). This NOV directly contradicts the Department of Air Quality Management's contention that it may issue NSR permits based on local or unapproved SIP rules. There is a strong message in the NOV that sources of air pollution that rely upon permits issued by authority of unapproved SIP regulations are at substantial risk. The NOV notes that the Clean Air Act provides for criminal penalties, imprisonment, or both for persons who knowingly violate any federal regulation or permit requirement more than 30 days after the date of issuance of a Notice of Violation. A copy of the Xxxx-XxXxx NOV may be found on the NEC Web site at xxx.xxxxxx.xxx . The following is a partial list of Las Vegas Valley sources that received findings and notices of violation from the EPA. The fact that the EPA had to levy NOVs after APCD or AQD granted permits to these sources does not add to DAQM's enforcement credibility. Nevada Cogeneration, #1 and #2, NOx Titanium Metals (Henderson), SO2 Xxxxx Bathware, VOC Xxxxx Cargo, PM10 Las Vegas Paving, PM10 Nevada Ready Mix, PM10 Southern Nevada Paving, PM10 Capital Cabinets, VOC J.R. Simplot Silica, SO2 CalnevPipeline, VOC Chemical Lime Co., PM10, SO2, NOx Xxxx-XxXxx Chemical, CO Environmental Technologies of Nevada, Inc., PM10 Regulator negligence and malfeasance has left DAQM citizens without the protections ordinarily afforded by approved SIPs. The only way citizens have to ensure that actions within polluted areas will not degrade those areas is by legally sufficient SIPs that are not misleading. The lack of approved SIPs undercuts the National Environmental Policy Act (“NEPA”) and the CAA’s cumulative environmental impact or conformity provisions. There are no EPA approved proposed regulation amendments sufficient to achieve the NAAQS. No federal agency operating in Xxxxx County has ever completed a legally sufficient transportation or general conformity determination. Even if conformity determinations were completed, they could not conform to CAA 1990 amendment SIPs that do not exist. Each DAQM certification of compliance with any SIP that DAQM has ever made is misleading to the EPA, other federal agencies and the citizens who live in or visit Xxxxx County. The most important misrepresentation is that there is compliance anywhere when there is no cumulative environmental impact or Clean Air Act conformity determinations. Petitioners ask conformity to what? The EPA has allowed never- ending misrepresentations to continue beyond all statutory boundaries. In full recognition of this regulatory void, valley promoters of air pollution sources have cynically championed projects that violate the NAAQS. Legally sufficient SIPs in Xxxxx County’s numerous nonattainment areas would have prevented violations of the NAAQS. No legally sufficient SIP would permit the current levels of air pollution emitted by county sources of air pollution. As but one more example, the APEX Valley has had numerous exceedances of ozone and particulate matter. A legitimate regulatory effort would have declared the area non- attainment years ago. Xxxxx County, with the added help of EPA, has allowed thousands of additional tons of air pollution to be added to a bogus emissions inventory, above and beyond the levels of pollution that resulted in violations of the NAAQS.

THE SIGNIFICANCE OF THE XXXX. XxXXX FINDING AND NOTICE OF VIOLATION (NOV) On September 27, 2001, the U.S. Environmental Protection Agency (EPA) issued a Finding and Notice of Violation (NOV) against Xxxx-XxXxx Chemical L.L.C. ("KMC"), for violations at its inorganic chemical manufacturing facility in Henderson, Nevada. The NOV found violations of the Clean Air Act's New Source Review (NSR) program going back to May 1994. The penalties levied of $25,000.00 to $27,500 per day go back to 1994 for each violation and are subject to administrative mitigation. The EPA alleged that Xxxx-XxXxx violated EPA approved Clean Air Act State Implementation Plan (SIP) rule sections from the 1979 SIP (amended in 1981/82). The NOV cited two instances where the Xxxxx County Health District's Air Quality Division (the predecessor to DAQM) issued permits to Xxxx-XxXxx in contradiction to the approved SIP regulations. The NOV acknowledges that local rules approved as part of the approved SIP on May 11, 1999 were vacated and remanded in Hall v. EPA, No. 99-70853, 263 F.3d 926 superseded by 273 F.3d 1146 (9th Cir. 2001). This NOV directly contradicts the Department of Air Quality Management's contention that it may issue NSR permits based on local or unapproved SIP rules. There is a strong message in the NOV that sources of air pollution that rely upon permits issued by authority of unapproved SIP regulations are at substantial risk. The NOV notes that the Clean Air Act provides for criminal penalties, imprisonment, or both for persons who knowingly violate any federal regulation or permit requirement more than 30 days after the date of issuance of a Notice of Violation. A copy of the Xxxx-XxXxx NOV may be found on the NEC Web site at xxx.xxxxxx.xxx . The following is a partial list of Las Vegas Valley sources that received findings and notices of violation from the EPA. The fact that the EPA had to levy NOVs after APCD or AQD granted permits to these sources does not add to DAQM's enforcement credibility. Nevada Cogeneration, #1 and #2, NOx Titanium Metals (HendersonTIMET), SO2 Xxxxx Lasco Bathware, VOC Xxxxx Cargo, PM10 Las Vegas Paving, PM10 Nevada Ready Mix, PM10 Southern Nevada Paving, PM10 Capital Cabinets, VOC J.R. Simplot Silica, SO2 CalnevPipeline, VOC Chemical Lime Co.Co. (Apex), PM10, SO2, NOx Xxxx-XxXxx ChemicalXxXxxXxxxxxxx, CO Environmental Technologies of Nevada, Inc., PM10 Regulator negligence and malfeasance has left DAQM Xxxxx County citizens without the protections ordinarily afforded by approved SIPs. The only way citizens have to ensure that actions within polluted areas will not degrade those areas is by legally sufficient SIPs that are not misleading. The lack of approved SIPs undercuts the National Environmental Policy Act (“NEPA”) and the CAA’s cumulative environmental impact or conformity provisions. There are no EPA approved proposed regulation amendments sufficient to achieve the NAAQS. No federal agency operating in Xxxxx County has ever completed a legally sufficient transportation or general conformity determination. Even if conformity determinations were completed, they could not conform to CAA 1990 amendment SIPs that do not exist. Each DAQM certification of compliance with any SIP that DAQM has ever made is misleading to the EPA, other federal agencies and the citizens who live in or visit Xxxxx County. The most important misrepresentation is that there is compliance anywhere when there is no cumulative environmental impact or Clean Air Act conformity determinations. Petitioners ask conformity to what? The EPA has allowed never- ending misrepresentations to continue beyond all statutory boundaries. In full recognition of this regulatory void, valley promoters of air pollution sources have cynically championed projects that violate the NAAQS. Legally sufficient SIPs in Xxxxx County’s numerous nonattainment areas would have prevented violations of the NAAQS. No legally sufficient SIP would permit the current levels of air pollution emitted by county sources of air pollution. As but one more example, the APEX Valley has had numerous exceedances of ozone and particulate matterPM10. A legitimate regulatory effort would have declared the area non- non-attainment years ago. Xxxxx County, with the added help of EPA, has allowed thousands of additional tons of air pollution to be added to a bogus emissions inventory, above and beyond the levels of pollution that resulted in violations of the NAAQS.

THE SIGNIFICANCE OF THE XXXX. XxXXX FINDING AND NOTICE OF VIOLATION (NOV) On September 27, 2001, the U.S. Environmental Protection Agency (EPA) issued a Finding and Notice of Violation (NOV) against Xxxx-XxXxx Chemical L.L.C. ("KMC"), for violations at its inorganic chemical manufacturing facility in Henderson, Nevada. The NOV found violations of the Clean Air Act's New Source Review (NSR) program going back to May 1994. The penalties levied of $25,000.00 to $27,500 per day go back to 1994 for each violation and are subject to administrative mitigation. The EPA alleged that Xxxx-XxXxx violated EPA approved Clean Air Act State Implementation Plan (SIP) rule sections from the 1979 SIP (amended in 1981/82). The NOV cited two instances where the Xxxxx Clark County Health District's Air Quality Division (the predecessor to DAQM) issued permits to Xxxx-XxXxx in contradiction to the approved SIP regulations. The NOV acknowledges that local rules approved as part of the approved SIP on May 11, 1999 were vacated and remanded in Hall v. EPA, No. 99-70853, 263 F.3d 926 superseded by 273 F.3d 1146 (9th Cir. 2001). This NOV directly contradicts the Department of Air Quality Management's contention that it may issue NSR permits based on local or unapproved SIP rules. There is a strong message in the NOV that sources of air pollution that rely upon permits issued by authority of unapproved SIP regulations are at substantial risk. The NOV notes that the Clean Air Act provides for criminal penalties, imprisonment, or both for persons who knowingly violate any federal regulation or permit requirement more than 30 days after the date of issuance of a Notice of Violation. A copy of the Xxxx-XxXxx NOV may be found on the NEC Web site at xxx.xxxxxx.xxx . The following is a partial list of Las Vegas Valley sources that received findings and notices of violation from the EPA. The fact that the EPA had to levy NOVs after APCD or AQD granted permits to these sources does not add to DAQM's enforcement credibility. Nevada Cogeneration, #1 and #2, NOx Titanium Metals (HendersonTIMET), SO2 Xxxxx Lasco Bathware, VOC Xxxxx Cargo, PM10 Las Vegas Paving, PM10 Nevada Ready Mix, PM10 Southern Nevada Paving, PM10 Capital Cabinets, VOC J.R. Simplot Silica, SO2 CalnevPipeline, VOC Chemical Lime Co.Co. (Apex), PM10, SO2, NOx Xxxx-XxXxx ChemicalXxXxxXxxxxxxx, CO Environmental Technologies of Nevada, Inc., PM10 Regulator negligence and malfeasance has left DAQM Clark County citizens without the protections ordinarily afforded by approved SIPs. The only way citizens have to ensure that actions within polluted areas will not degrade those areas is by legally sufficient SIPs that are not misleading. The lack of approved SIPs undercuts the National Environmental Policy Act (“NEPA”) and the CAA’s cumulative environmental impact or conformity provisions. There are no EPA approved proposed regulation amendments sufficient to achieve the NAAQS. No federal agency operating in Xxxxx Clark County has ever completed a legally sufficient transportation or general conformity determination. Even if conformity determinations were completed, they could not conform to CAA 1990 amendment SIPs that do not exist. Each DAQM certification of compliance with any SIP that DAQM has ever made is misleading to the EPA, other federal agencies and the citizens who live in or visit Xxxxx Clark County. The most important misrepresentation is that there is compliance anywhere when there is no cumulative environmental impact or Clean Air Act conformity determinations. Petitioners ask conformity to what? The EPA has allowed never- ending misrepresentations to continue beyond all statutory boundaries. In full recognition of this regulatory void, valley promoters of air pollution sources have cynically championed projects that violate the NAAQS. Legally sufficient SIPs in Xxxxx Clark County’s numerous nonattainment areas would have prevented violations of the NAAQS. No legally sufficient SIP would permit the current levels of air pollution emitted by county sources of air pollution. As but one more example, the APEX Valley has had numerous exceedances of ozone and particulate matterPM10. A legitimate regulatory effort would have declared the area non- non-attainment years ago. Xxxxx Clark County, with the added help of EPA, has allowed thousands of additional tons of air pollution to be added to a bogus emissions inventory, above and beyond the levels of pollution that resulted in violations of the NAAQS.

THE SIGNIFICANCE OF THE XXXX. XxXXX FINDING AND NOTICE OF VIOLATION (NOV) On September 27, 2001, the U.S. Environmental Protection Agency (EPA) issued a Finding and Notice of Violation (NOV) against Xxxx-XxXxx Chemical L.L.C. ("KMC"), for violations at its inorganic chemical manufacturing facility in Henderson, Nevada. The NOV found violations of the Clean Air Act's New Source Review (NSR) program going back to May 1994. The penalties levied of $25,000.00 to $27,500 per day go back to 1994 for each violation and are subject to administrative mitigation. The EPA alleged that Xxxx-XxXxx violated EPA approved Clean Air Act State Implementation Plan (SIP) rule sections from the 1979 SIP (amended in 1981/82). The NOV cited two instances where the Xxxxx County Health District's Air Quality Division (the predecessor to DAQM) issued permits to Xxxx-XxXxx in contradiction to the approved SIP regulations. The NOV acknowledges that local rules approved as part of the approved SIP on May 11, 1999 were vacated and remanded in Hall v. EPA, No. 99-70853, 263 F.3d 926 superseded by 273 F.3d 1146 (9th Cir. 2001). This NOV directly contradicts the Department of Air Quality Management's contention that it may issue NSR permits based on local or unapproved SIP rules. There is a strong message in the NOV that sources of air pollution that rely upon permits issued by authority of unapproved SIP regulations are at substantial risk. The NOV notes that the Clean Air Act provides for criminal penalties, imprisonment, or both for persons who knowingly violate any federal regulation or permit requirement more than 30 days after the date of issuance of a Notice of Violation. A copy of the Xxxx-XxXxx NOV may be found on the NEC Web site at xxx.xxxxxx.xxx . The following is a partial list of Las Vegas Valley sources that received findings and notices of violation from the EPA. The fact that the EPA had to levy NOVs after APCD or AQD granted permits to these sources does not add to DAQM's enforcement credibility. Nevada Cogeneration, #1 and #2, NOx Titanium Metals (HendersonTIMET), SO2 Xxxxx Lasco Bathware, VOC Xxxxx Cargo, PM10 Las Vegas Paving, PM10 Nevada Ready Mix, PM10 Southern Nevada Paving, PM10 Capital Cabinets, VOC J.R. Simplot Silica, SO2 CalnevPipeline, VOC Chemical Lime Co.Co. (Apex), PM10, SO2, NOx Xxxx-XxXxx ChemicalMcGeeChemical, CO Environmental Technologies of Nevada, Inc., PM10 Regulator negligence and malfeasance has left DAQM Xxxxx County citizens without the protections ordinarily afforded by approved SIPs. The only way citizens have to ensure that actions within polluted areas will not degrade those areas is by legally sufficient SIPs that are not misleading. The lack of approved SIPs undercuts the National Environmental Policy Act (“NEPA”) and the CAA’s cumulative environmental impact or conformity provisions. There are no EPA approved proposed regulation amendments sufficient to achieve the NAAQS. No federal agency operating in Xxxxx County has ever completed a legally sufficient transportation or general conformity determination. Even if conformity determinations were completed, they could not conform to CAA 1990 amendment SIPs that do not exist. Each DAQM certification of compliance with any SIP that DAQM has ever made is misleading to the EPA, other federal agencies and the citizens who live in or visit Xxxxx County. The most important misrepresentation is that there is compliance anywhere when there is no cumulative environmental impact or Clean Air Act conformity determinations. Petitioners ask conformity to what? The EPA has allowed never- ending misrepresentations to continue beyond all statutory boundaries. In full recognition of this regulatory void, valley promoters of air pollution sources have cynically championed projects that violate the NAAQS. Legally sufficient SIPs in Xxxxx County’s numerous nonattainment areas would have prevented violations of the NAAQS. No legally sufficient SIP would permit the current levels of air pollution emitted by county sources of air pollution. As but one more example, the APEX Valley has had numerous exceedances of ozone and particulate matterPM10. A legitimate regulatory effort would have declared the area non- non-attainment years ago. Xxxxx County, with the added help of EPA, has allowed thousands of additional tons of air pollution to be added to a bogus emissions inventory, above and beyond the levels of pollution that resulted in violations of the NAAQS.

THE SIGNIFICANCE OF THE XXXX. XxXXX FINDING AND NOTICE OF VIOLATION (NOV) On September 27, 2001, the U.S. Environmental Protection Agency (EPA) issued a Finding and Notice of Violation (NOV) against Xxxx-XxXxx Chemical L.L.C. ("KMC"), for violations at its inorganic chemical manufacturing facility in Henderson, Nevada. The NOV found violations of the Clean Air Act's New Source Review (NSR) program going back to May 1994. The penalties levied of $25,000.00 to $27,500 per day go back to 1994 for each violation and are subject to administrative mitigation. The EPA alleged that Xxxx-XxXxx violated EPA approved Clean Air Act State Implementation Plan (SIP) rule sections from the 1979 SIP (amended in 1981/82). The NOV cited two instances where the Xxxxx County Health District's Air Quality Division (the predecessor to DAQM) issued permits to Xxxx-XxXxx in contradiction to the approved SIP regulations. The NOV acknowledges that local rules approved as part of the approved SIP on May 11, 1999 were vacated and remanded in Hall v. EPA, No. 99-70853, 263 F.3d 926 superseded by 273 F.3d 1146 (9th Cir. 2001). This NOV directly contradicts the Department of Air Quality Management's contention that it may issue NSR permits based on local or unapproved SIP rules. There is a strong message in the NOV that sources of air pollution that rely upon permits issued by authority of unapproved SIP regulations are at substantial risk. The NOV notes that the Clean Air Act provides for criminal penalties, imprisonment, or both for persons who knowingly violate any federal regulation or permit requirement more than 30 days after the date of issuance of a Notice of Violation. A copy of the Xxxx-XxXxx NOV may be found on the NEC Web site at xxx.xxxxxx.xxx . The following is a partial list of Las Vegas Valley sources that received findings and notices of violation from the EPA. The fact that the EPA had to levy NOVs after APCD or AQD granted permits to these sources does not add to DAQM's enforcement credibility. Nevada Cogeneration, #1 and #2, NOx Titanium Metals (HendersonTIMET), SO2 Xxxxx Lasco Bathware, VOC Xxxxx Cargo, PM10 Las Vegas Paving, PM10 Nevada Ready Mix, PM10 Southern Nevada Paving, PM10 Capital Cabinets, VOC J.R. Simplot Silica, SO2 CalnevPipeline, VOC Chemical Lime Co.Co. (Apex), PM10, SO2, NOx Xxxx-XxXxx ChemicalMcGeeChemical, CO Environmental Technologies of Nevada, Inc., PM10 Regulator negligence and malfeasance has left DAQM citizens without the protections ordinarily afforded by approved SIPs. The only way citizens have to ensure that actions within polluted areas will not degrade those areas is by legally sufficient SIPs that are not misleading. The lack of approved SIPs undercuts the National Environmental Policy Act (“NEPA”) and the CAA’s cumulative environmental impact or conformity provisions. There are no EPA approved proposed regulation amendments sufficient to achieve the NAAQS. No federal agency operating in Xxxxx County has ever completed a legally sufficient transportation or general conformity determination. Even if conformity determinations were completed, they could not conform to CAA 1990 amendment SIPs that do not exist. Each DAQM certification of compliance with any SIP that DAQM has ever made is misleading to the EPA, other federal agencies and the citizens who live in or visit Xxxxx County. The most important misrepresentation is that there is compliance anywhere when there is no cumulative environmental impact or Clean Air Act conformity determinations. Petitioners ask conformity to what? The EPA has allowed never- ending misrepresentations to continue beyond all statutory boundaries. In full recognition of this regulatory void, valley promoters of air pollution sources have cynically championed projects that violate the NAAQS. Legally sufficient SIPs in Xxxxx County’s numerous nonattainment areas would have prevented violations of the NAAQS. No legally sufficient SIP would permit the current levels of air pollution emitted by county sources of air pollution. As but one more example, the APEX Valley has had numerous exceedances of ozone and particulate matterPM10. A legitimate regulatory effort would have declared the area non- non-attainment years ago. Xxxxx County, with the added help of EPA, has allowed thousands of additional tons of air pollution to be added to a bogus emissions inventory, above and beyond the levels of pollution that resulted in violations of the NAAQS.

THE SIGNIFICANCE OF THE XXXX. XxXXX FINDING AND NOTICE OF VIOLATION (NOV) On September 27, 2001, the U.S. Environmental Protection Agency (EPA) issued a Finding and Notice of Violation (NOV) against Xxxx-XxXxx Chemical L.L.C. ("KMC"), for violations at its inorganic chemical manufacturing facility in Henderson, Nevada. The NOV found violations of the Clean Air Act's New Source Review (NSR) program going back to May 1994. The penalties levied of $25,000.00 to $27,500 per day go back to 1994 for each violation and are subject to administrative mitigation. The EPA alleged that Xxxx-XxXxx violated EPA approved Clean Air Act State Implementation Plan (SIP) rule sections from the 1979 SIP (amended in 1981/82). The NOV cited two instances where the Xxxxx County Health District's Air Quality Division (the predecessor to DAQM) issued permits to Xxxx-XxXxx in contradiction to the approved SIP regulations. The NOV acknowledges that local rules approved as part of the approved SIP on May 11, 1999 were vacated and remanded in Hall v. EPA, No. 99-70853, 263 F.3d 926 superseded by 273 F.3d 1146 (9th Cir. 2001). This NOV directly contradicts the Department of Air Quality Management's contention that it may issue NSR permits based on local or unapproved SIP rules. There is a strong message in the NOV that sources of air pollution that rely upon permits issued by authority of unapproved SIP regulations are at substantial risk. The NOV notes that the Clean Air Act provides for criminal penalties, imprisonment, or both for persons who knowingly violate any federal regulation or permit requirement more than 30 days after the date of issuance of a Notice of Violation. A copy of the Xxxx-XxXxx NOV may be found on the NEC Web site at xxx.xxxxxx.xxx . The following is a partial list of Las Vegas Valley sources that received findings and notices of violation from the EPA. The fact that the EPA had to levy NOVs after APCD or AQD granted permits to these sources does not add to DAQM's enforcement credibility. Nevada Cogeneration, #1 and #2, NOx Titanium Metals (HendersonTIMET), SO2 Xxxxx Lasco Bathware, VOC Xxxxx Cargo, PM10 Las Vegas Paving, PM10 Nevada Ready Mix, PM10 Southern Nevada Paving, PM10 Capital Cabinets, VOC J.R. Simplot Silica, SO2 CalnevPipeline, VOC Chemical Lime Co., PM10, SO2, NOx Xxxx-XxXxx ChemicalMcGeeChemical, CO Environmental Technologies of Nevada, Inc., PM10 Regulator negligence and malfeasance has left DAQM citizens without the protections ordinarily afforded by approved SIPs. The only way citizens have to ensure that actions within polluted areas will not degrade those areas is by legally sufficient SIPs that are not misleading. The lack of approved SIPs undercuts the National Environmental Policy Act (“NEPA”) and the CAA’s cumulative environmental impact or conformity provisions. There are no EPA approved proposed regulation amendments sufficient to achieve the NAAQS. No federal agency operating in Xxxxx County has ever completed a legally sufficient transportation or general conformity determination. Even if conformity determinations were completed, they could not conform to CAA 1990 amendment SIPs that do not exist. Each DAQM certification of compliance with any SIP that DAQM has ever made is misleading to the EPA, other federal agencies and the citizens who live in or visit Xxxxx County. The most important misrepresentation is that there is compliance anywhere when there is no cumulative environmental impact or Clean Air Act conformity determinations. Petitioners ask conformity to what? The EPA has allowed never- ending misrepresentations to continue beyond all statutory boundaries. In full recognition of this regulatory void, valley promoters of air pollution sources have cynically championed projects that violate the NAAQS. Legally sufficient SIPs in Xxxxx County’s numerous nonattainment areas would have prevented violations of the NAAQS. No legally sufficient SIP would permit the current levels of air pollution emitted by county sources of air pollution. As but one more example, the APEX Las Vegas Valley has had numerous exceedances of ozone and particulate matterozone. A legitimate regulatory effort would have declared the area non- non-attainment years ago. Xxxxx County, with the added help of EPA, has allowed thousands of additional tons of air pollution to be added to a bogus emissions inventory, above and beyond the levels of pollution that resulted in violations of the NAAQS.