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
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