Common use of Statement of Overriding Considerations Clause in Contracts

Statement of Overriding Considerations. The proposed Shipyard Sediment Remediation Project would result in significant unavoidable construction-related adverse air quality impacts of oxides of nitrogen (NOX) (which is a precursor to ozone [O3]) emissions, even after the implementation of feasible standard conditions and mitigation measures. While the adherence to San Diego Air Pollution Control District (APCD) rules and regulations and identified mitigation measures would reduce this impact, it would remain significant and adverse because the City daily threshold for NOX would be exceeded. There are no other feasible mitigation measures that are available to offset this significant impact. Construction activities for the Shipyard Sediment Remediation Project would also contribute to construction-related adverse cumulative air quality impacts because the San Diego Air Basin (SDAB) is presently in nonattainment for O3, and the proposed Project, in conjunction with other planned Projects, would contribute to the existing nonattainment status for O3. Therefore, the cumulative construction air quality impacts of the proposed Project would remain significant.