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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 6. Department of Environmental Conservation |
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Chapter III. Air Resources |
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Subchapter A. Prevention and Control of Air Contamination and Air Pollution |
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Part 231. New Source Review for New and Modified Facilities |
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Subpart 231-5. New Major Facilities and Modifications to Existing Non-Major Facilities in Nonattainment Areas, and Attainment Areas of the State Within the Ozone Transport Region |
Sec. 231-5.4. Lowest achievable emission rate (LAER)
Latest version.
- (a) For a proposed new or modified facility LAER is required for each emission source which emits a nonattainment contaminant for which the new facility or modification is major.(b) In establishing the final LAER limit, the department may consider any new information, including recent permit decisions, or public comment received, subsequent to the submittal of a complete application.(c) LAER will not to be established in final form until the final permit is issued.