lowest achievable emission rate
Defined in 2 dictionaries — Case Law, U.S. Code
Definitions from Case Law
United States Supreme Court
for any source, that rate of emissions which reflects— (A) the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or (B) the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent.
Defined by the Supreme Court in Chevron Usa Inc v. Natural Resources Defense Council Inc, 467 U.S. 837 (1984).
United States Code
42 U.S.C. § 7501 — in this section
The term “lowest achievable emission rate” means for any source, that rate of emissions which reflects—
(A) the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or
(B) the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent.
In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance.