(a) - (i) Any owner or operator of a facility which ceases operation shall not be entitled to the continued use of the clean air resource necessary to accommodate the emissions from such facility if such cessation of operation extends beyond a day 5 years after the date of cessation of such operation.
- (ii) Within 60 days after determining that a facility has ceased operation, the Administrator shall notify in writing the affected owner or operator that this section is applicable. The notice shall further advise the owner or operator of the proposed expiration date for the facility's entitlement to use its allocated air resource and provide the operator or owner the opportunity to review the Administrator's decision.
Within 60 days after receiving the notice, the owner or operator of the facility shall notify the Administrator if it intends to operate the facility in the future. Failure to so notify the Administrator will constitute a rebuttable presumption that the owner or operator has permanently and purposefully ceased operation of the facility with no intent to operate in the future. The continuous five-year period shall not begin earlier than 60 days prior to receipt by the owner or operator of the notice from the Administrator.
- (iii) Prior to revoking an air allocation, the Administrator shall provide notice to the affected owner or operator and if requested by the owner or operator will hold a public hearing pursuant to the Rules of Practice and Procedure of the Department on the impending expiration of the entitlement to use the allocated clean air resource. Said notice shall be served no later than six months prior to the proposed expiration date. The Administrator's decision issued as a result of the hearing may be appealed to the Environmental Quality Council in the manner set forth in the Environmental Quality Act and the applicable rules and regulations.
- (iv) The Administrator may extend the 5-year time period for non-use upon a satisfactory showing that the owner or operator intends and can demonstrate firm plans to operate the facility in the future.
- (v) The transfer of ownership of a facility shall not affect the entitlement for use by the facility of the clean air resource. Such a transfer of ownership does not extend the expiration date defined in paragraph (a)(i).
- (vi) For purposes of this section "operation" means to function in a manner which directly contributes to the accomplishment of the primary purpose of the facility. The definition of operation of a mining facility shall include:
- (i) all of the primary activities associated with mining, such as ore and overburden removal, topsoil stripping and haulage, reclamation and associated construction activities, and
- (ii) activities and commitments accepted by the Department as "interim stabilization" measures which qualify the mine for "temporary cessation and a resultant extension of reclamation obligations" under the regulations of the Land Quality Division of the Department.
(b) - (i) In a case where an owner or operator permanently and purposefully ceases operation with no expressed intent to operate the facility in the future, the associated clean air resource allocation is not reserved to the owner or operator and immediately reverts to the state.
- (ii) Prior to such revocation the Administrator shall provide notice to the affected owner or operator and if requested by such owner or operator will hold a public hearing pursuant to the Rules of Practice and Procedure of the Department.
(c) Start-up and operation of a facility after a period of non-use which lasts at least 5 years shall be considered to represent the operation of a new facility and shall be subject to the permit requirements of Chapter 6, Section 2. The provisions of Chapter 6, Section 4 may also be applicable.
(d) Brief periods of facility operation which are clearly designed to circumvent the intent of this section shall not be considered as operation under the provisions of subsections (a) and (b) above. For purposes of this section, operation must be for commercial purposes (which does not include temporary operation for period testing or maintenance of the facility in a standby status).
Amended, Eff. 10/13/2015.
Amended, Eff. 12/20/2016.