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Section 40405 Of Article 1. General Provisions From California Health And Safety Code >> Division 26. >> Part 3. >> Chapter 5.5. >> Article 1.
40405
. (a) As used in this chapter, "best available control
technology" means an emission limitation that will achieve the lowest
achievable emission rate for the source to which it is applied.
Subject to subdivision (b), "lowest achievable emission rate," as
used in this section, means the more stringent of the following:
(1) The most stringent emission limitation that is contained in the state implementation plan for the particular class or category of source, unless the owner or operator of the source demonstrates that the limitation is not achievable.
(2) The most stringent emission limitation that is achieved in practice by that class or category or source.
(b) "Lowest achievable emission rate" shall not be construed to authorize the permitting of a proposed new source or a modified source that will emit any pollutant in excess of the amount allowable under the applicable new source standards of performance.
(1) The most stringent emission limitation that is contained in the state implementation plan for the particular class or category of source, unless the owner or operator of the source demonstrates that the limitation is not achievable.
(2) The most stringent emission limitation that is achieved in practice by that class or category or source.
(b) "Lowest achievable emission rate" shall not be construed to authorize the permitting of a proposed new source or a modified source that will emit any pollutant in excess of the amount allowable under the applicable new source standards of performance.
