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Understanding the Lowest Achievable Emission Rate and Its Legal Significance
Definition & Meaning
The term "lowest achievable emission rate" refers to the minimum level of emissions that a source can achieve while still complying with environmental regulations. This rate is determined by the most stringent emission limits set by state implementation plans for similar sources, unless the owner can prove that these limits are not feasible. Alternatively, it can also be based on the most stringent emission limits that are currently being achieved by similar sources. Importantly, this term ensures that emissions do not exceed limits established under applicable new source performance standards.
Table of content
Legal Use & context
This term is primarily used in environmental law, particularly in the regulation of air quality. It plays a critical role in permitting processes for new industrial sources and in the enforcement of emissions standards. Understanding the lowest achievable emission rate is essential for businesses seeking to comply with federal and state environmental regulations. Users can find legal forms related to environmental compliance and permitting through resources like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, a new manufacturing facility must demonstrate that its emissions will not exceed the limits set by the state's implementation plan for similar facilities. If the state allows a certain level of emissions, but the facility can achieve lower emissions based on current technology, it must adhere to that lower rate. (Hypothetical example).
Relevant laws & statutes
Key legislation relevant to the lowest achievable emission rate includes:
Clean Air Act (42 U.S.C. § 7401 et seq.) - This act establishes national air quality standards and outlines the framework for regulating emissions.
State Implementation Plans (SIPs) - These are state-specific plans that detail how states will achieve and maintain national air quality standards.
State-by-state differences
State
Emission Rate Regulations
California
Has strict emission standards and often requires lower achievable rates than federal standards.
Texas
Generally follows federal standards but may have specific local regulations that differ.