(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).
