Tonawanda Coke is looking to get back up and running.
The company filed a request with the state Department of Environmental Conservation for a hearing.
They hope to overturn a recent decision by the state forcing the plant to cease operations due to multiple incidents of excessive black smoke emitting from the facility.
Regulations require that the hearing be held within 60 days of the request.
In response the state says they will continue using all legal tools to pursue the company for violating the law in order to protect the public.
Tonawanda Coke paid $12 million in penalties in 2015 after violating the Clean Water Act and producing excessive amounts of benzene and ammonia.
As of July 23, the facility was still operating.
The company had until August 4 to request a hearing.