Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 6 - Permitting Requirements › Section 6-7 - Clean air resource allocation expiration

Current through July 13, 2024
(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.