06-096 C.M.R. ch. 100, § 78 - Lowest Achievable Emission Rate (LAER)

"Lowest Achievable Emission Rate" means the more stringent rate of emissions based on the following:

A. The most stringent emission limitation which is contained in the implementation plan of any State for that class or category of source, unless the owner or operator of the proposed source demonstrates that those limitations are not achievable; or

B. The most stringent emission limitation which is achieved in practice by that class or category of source, whichever is more stringent. In no event may LAER result in emission of any pollutant in excess of those standards and limitations promulgated pursuant to Section 111 or 112 of the United States Clean Air Act as amended, or any emission standard established by the Department.

Notes

06-096 C.M.R. ch. 100, § 78