129 Neb. Admin. Code, ch. 1, § 078 - "Lowest Achievable Emission Rate (LAER)"

"Lowest Achievable Emission Rate (LAER)" means, for any source, the more stringent emission rate from either:

078.01 The most stringent emission limitation contained in the implementation plan of any state for such class or category of sources (as adopted by the Council) unless the owner or operator of the proposed source demonstrates that such limitations are not achievable; or
078.02 The most stringent emission limitation which is achieved in practice by such class or category of source and adopted by the Council. These limitations, when applied to a modification, mean the lowest achievable emissions rate for the new or modified emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.

Notes

129 Neb. Admin. Code, ch. 1, § 078
Amended effective 7/15/2018

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