Section 203.1210  Lowest Achievable Emission Rate

"Lowest Achievable Emission Rate" or "LAER" means, for any source, the more stringent rate of emissions based on the following:

a)         The most stringent emissions limitation which is contained in the implementation plan of any State for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or

b)         The most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means 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 performance standard adopted by the USEPA under section 111 of the CAA and made applicable in Illinois under Section 9.1 of the Act.

(Source:  Added at 49 Ill. Reg. 6237, effective April 23, 2025)