Lowest Achievable Emission Rate Law and Legal Definition

According to 42 USCS § 7501, the term lowest 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.

However, the application of this term will not permit the emission of any pollutant in excess of the amount allowable under applicable new source standards of performance