§ 133.8. Rescinding or suspending of approval.
(a) The Department may rescind approval previously granted to an agency whenever it finds, after affording the agency an opportunity to be heard, that the agency is not operating its program in conformity with the approval granted by the Department, or as set forth in the application of the agency.
(b) The Department may suspend approval previously granted to an agency if it finds, after affording the agency an opportunity to be heard, that the agency is not effectively enforcing the local air pollution control ordinances or regulations. The suspension will not invalidate the local air pollution control ordinances and regulations. Upon the suspension, the Department will assume the enforcement responsibility of the agency and will enforce, by appropriate administrative and legal proceedings, either the local air pollution control ordinances and regulations or section 5 of the act (35 P. S. § 4005) and this article, whichever is appropriate.
(c) If the Department intends to rescind or suspend the approval of an agency previously given, the Department will notify that agency, in writing, of its intent to do so. Thereafter, the agency may, within 30 days after receipt of notice, request the Department to hold a hearing to determine whether the approval of the agency will be rescinded or suspended.
(d) If the agency does not request a hearing by the Department within the 30-day period, the Department may notify the agency that it has rescinded or suspended its approval as of a given date and that, thereafter, the agency is no longer approved by the Department. Notifications will be in writing and mailed or otherwise delivered to the agency.
Source The provisions of this § 133.8 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804.
Cross References This section cited in 25 Pa. Code § 133.9 (relating to annual review of approval).
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