Section 127.13b. Denial of plan approval application

(a) The Department will deny a plan approval for a source if one or more of the following applies:

(1) The Department has determined that the source is likely to cause air pollution or to violate the act, the Clean Air Act or the regulations promulgated under the act or the Clean Air Act applicable to the source.

(2) In the design of the source, provision has not been made for adequate demonstration and verification of compliance, including source testing or alternative means to demonstrate and verify compliance.

(3) The EPA has notified the Department in writing that the plan approval is not in compliance with the Clean Air Act or the regulations thereunder.

(4) The applicant or a related party has a violation or lack of intention or ability to comply that appears on the compliance docket.

(b) The applicant may not construct, install, modify or operate an air contamination source or install air pollution control equipment or devices on the source contrary to the plans and specifications approved by the Department.

The provisions of this § 127.13b adopted November 25, 1994, effective November 26, 1994, 24 Pa.B. 5899.