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This Article is intended to authorize the Department of Public Health, as the certified unified program agency approved pursuant to Chapter 6.11 of the Health and Safety Code, to implement the program for prevention of accidental releases set forth in Chapter 6.95 (commencing with Article 2) of the Health and Safety Code, and any implementing regulations, together with the additional local requirements set forth in this Article. The Director shall have all of the powers and authority granted to a certified unified program agency to implement and enforce Article 2 of Chapter 6.95 of the Health and Safety Code, in addition to local requirements imposed by this Article.
(Added by Ord. 399-97, App. 10/17/97)
(a) "Covered process" means a process that has a regulated substance present in more than a threshold quantity, as determined pursuant to Section 68.115 of Title 40 of the Code of Federal Regulations.
(b) "Department" shall mean the San Francisco Department of Public Health.
(c) "Director" shall mean the Director of the Department of Public Health.
(d) "Qualified person" means a person who is qualified to attest, at a minimum, to the completeness of an RMP.
(e) "Regulated substance" means any substance which is either of the following:
(1) A regulated substance listed in Section 68.130 of Title 40 of the Code of Federal Regulations pursuant to Paragraph (3) of Subsection (r) of Section 112 of the Clean Air Act (42 U.S.C. Section 7412(r)(3)); or
(2) An extremely hazardous substance listed in Appendix A of Part 355 of Title 40 of the Code of Federal Regulations which is any of the following:
(A) A gas at standard temperature and pressure,
(B) A liquid with a vapor pressure at standard temperature and pressure equal to or greater than 10 millimeters mercury,
(C) A solid that is one of the following:
(i) In solution, in molten form,
(ii) In powder form with a particle size less than 100 microns, or
(iii) Reactive with a National Fire Protection Association rating of 2, 3, or 4,
(D) A substance that is determined by the State of California to either:
(i) Meet one or more of the criteria set forth in Clauses (A), (B), or (C), or
(ii) Pose a regulated substance accident risk pursuant to Section 25543.3 of the Health and Safety Code.
(f) "RMP" means the risk management plan required under Subpart G of Part 68 of Title 40 of the Code of Federal Regulations or Article 2, Chapter 6.95 of the Health and Safety Code, in addition to local requirements imposed under this Article.
(g) "Regulated substance accident risk" means a potential for the accidental release of a regulated substance into the environment which could produce a significant likelihood that persons exposed may suffer acute health effects resulting in significant injury or death.
(h) "Stationary source" means any buildings, structures, equipment, installations, or substance-emitting stationary activities which belong to the same industrial group, which are located on one or more contiguous properties, which are under the control of the same person (or persons under common control), and from which an accidental release may occur. A stationary source includes transportation containers that are no longer under active shipping papers and transportation containers that are connected to equipment at the stationary source for the purposes of temporary storage, loading, or unloading. The term "stationary source" does not include transportation, including storage incident to transportation, of any regulated substance or any other extremely hazardous substance under the provisions of this Article, if that transportation is regulated under Part 192, Part 193, or Part 195 of Title 49 of the Code of Federal Regulations. Properties shall not be considered contiguous solely because of a railroad or gas pipeline right-of-way.
(i) "Threshold quantity" means the quantity of a regulated substance that is determined to be present at a stationary source in the manner specified in Section 68.115 of Title 40 of the Code of Federal Regulations and that is the lesser of the following:
(1) The threshold quantity for the regulated substance specified in Section 68.130 of Title 40 of the Code of Federal Regulations;
(2) The "State threshold quantity" as that term is defined in Section 25532(j) of the Health and Safety Code.
(Added by Ord. 399-97, App. 10/17/97)
(a) The owner or operator of a stationary source shall prepare and submit an RMP if an RMP is required pursuant to Part 68 of Title 40 of the Code of Federal Regulations not later than the date specified in 40 CFR 68.150. An RMP required under this subsection shall be prepared in accordance with those regulations, the applicable requirements of Article 2 of Chapter 6.95 of the Health and Safety Code and any State implementing regulations, and shall be submitted to the Director and the United States Environmental Protection Agency.
(b) For any stationary source with one or more covered processes that is not otherwise required to prepare an RMP pursuant to Subsection (a), the Director shall make a preliminary determination whether there is a significant likelihood that the use by a stationary source of regulated substances may pose a regulated substances accident risk.
(1) If the Director determines that there is a significant likelihood of a regulated substances accident pursuant to this Article and Article 2 of Chapter 6.95 of the Health and Safety Code, the Director shall require the stationary source to prepare and submit an RMP, or the Director may reclassify the covered process from Program 2 to Program 3, as specified in Part 68 of Title 40 of the Code of Federal Regulations.
(2) If the Director determines that there is not a significant likelihood of a regulated substances accident risk pursuant to Article 2 of Chapter 6.95 of the Health and Safety Code, the Director may do either of the following:
(A) Require the preparation and submission of an RMP, but the Director need not do so if he or she determines that the likelihood of a regulated substances accident is remote, unless otherwise required by federal law; or
(B) Reclassify a covered process from Program 3 to Program 2 or from Program 2 to Program 1, as specified in Part 68 of Title 40 of the Code of Federal Regulations, unless the classification of the covered process is specified in those regulations.
(3) Where an RMP is required only pursuant to this subsection, the RMP shall be submitted to the Director.
(c) Each RMP required to be prepared pursuant to this Section shall be prepared and submitted in accordance with the provisions of Article 2, Chapter 6.95 of the Health and Safety Code and any implementing regulations. The RMP, and any revisions, shall comply with all information, notification and certification requirements specified in Article 2, Chapter 6.95 of the Health and Safety Code and any implementing regulations. The owner or operator of a stationary source shall provide any additional technical or clarifying information in its possession deemed necessary by the Director to clarify the RMP or which is reasonably necessary to determine the sufficiency of the RMP. An RMP required to be prepared pursuant to this Section shall be certified as complete by a qualified person and by the owner or operator of the stationary source.
(Added by Ord. 399-97, App. 10/17/97)
The Director shall review the completed and certified RMP and notify the stationary source of any deficiencies. The stationary source shall submit a corrected RMP within 60 days of the notification of deficiency, unless granted a one-time extension of no more than 30 days by the Director. The Director may authorize the Bay Area Air Quality Management District ("BAAQMD") to conduct a technical review of the RMP.
(Added by Ord. 399-97, App. 10/17/97)
(a) Within 15 days after the Director determines the RMP is complete, the Director shall make the RMP available to the public for review and comment for a period of at least 45 days. Upon receiving a written request during the public comment for a public hearing, the Director shall hold a public hearing on the RMP in accordance with Section 1137 of this Code.
(b) The Director shall publish in a daily local newspaper and mail to interested persons and organizations a notice briefly describing and stating that the RMP is available for public review at a specified location.
(c) The Director shall review the RMP and any comments received in accordance with State law.
(Added by Ord. 399-97, App. 10/17/97)
(a) The stationary source shall maintain all records concerning an RMP for a period of at least five years unless otherwise provided in Subpart D of Part 68 of Title 40 of the Code of Federal Regulations.
(b) Any stationary source with one or more covered processes, or any stationary source for which the Director has determined an RMP shall be required, shall comply with the deadlines set forth in Health and Safety Code Section 25536. The RMP shall be implemented in accordance with the Health and Safety Code Section 25535. In addition, any stationary source which is required to submit an RMP in accordance with this Article shall follow all RMP program guidance prepared for stationary sources and distributed by the Director.
(c) The stationary source shall review the RMP and make necessary revisions to the RMP in accordance with State and federal law, or upon order of the Director following a regulatory inspection during which violations are found.
(d) A revised RMP shall be submitted to the Director within 60 days following any modification which would materially affect the handling of a regulated substance.
(e) (1) Any business which was required to prepare, submit and implement a risk management and prevention program pursuant to Article 2, Chapter 6.95 of the Health and Safety Code as it read on December 31, 1996, and which is required to prepare and submit an RMP pursuant to this Article, shall continue to implement the risk management and prevention program until the business has submitted an RMP in accordance with this Article.
(2) Any business which was required to prepare, submit and implement a risk management and prevention program pursuant to Article 2, Chapter 6.95 of the Health and Safety Code as it read on December 31, 1996, and which is not required to prepare an RMP pursuant to this Article is required to comply only with those requirements of Article 2, Chapter 6.95 of the Health and Safety Code that apply to the business.
(3) Any stationary source which was not required to prepare, submit and implement a risk management and prevention program pursuant to Article 2, Chapter 6.95 of the Health and Safety Code as it read on December 31, 1996, but which is required to prepare an RMP pursuant to this Article shall submit and implement an RMP not later than the deadlines specified in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.
(Added by Ord. 399-97, App. 10/17/97)
(a) A stationary source that intends to modify a facility in a manner which may result in either a significant change in the amount of regulated substances handled by the facility or in a significantly changed risk in handling a regulated substance, as compared to the amount of substances and amount of risk identified in the facility's RMP relating to the covered process proposed for modification, shall comply with the requirements of Health and Safety Code Section 25543.2 prior to operating the modified facility. An increase in production up to a stationary source's existing operating capacity or an increase in production levels up to the production levels authorized in a permit granted pursuant to Health and Safety Code Section 42300 shall not constitute a modification for purposes of this Section.
(b) The stationary source subject to this Section shall revise the appropriate documents expeditiously, but not later than 60 days from the date of the facility modification.
(Added by Ord. 399-97, App. 10/17/97)
Pursuant to Government Code Section 65850.2, within five days of submitting a development project application or building permit application to the City and County of San Francisco, the applicant shall certify to the Director whether or not the proposed project will have more than a threshold quantity of a regulated substance in a process. Within 25 days of receipt of such certification and such additional information as the Director deems adequate to determine whether an RMP will be required, the Director shall issue either a notice of requirement to comply with, or determination of exemption from, the requirement for an RMP.
(Added by Ord. 399-97, App. 10/17/97)
(a) In accordance with Health and Safety Code Section 25537, the Director shall inspect each stationary source subject to this Article at least once every three years in order to determine whether the stationary source is in compliance with the requirements of this Article.
(b) The Director may have access to inspect any stationary source subject to this Article and to review all information in the possession of the stationary source which is reasonably necessary to allow the Director to determine the stationary source's compliance with this Article. Upon request by the Director, a stationary source shall provide to the Director information regarding that source's compliance with this Article.
(c) Claims by a stationary source that information required to be provided to the Director under this Article constitutes trade secret information shall be addressed in accordance with Health and Safety Code Section 25538.
(Added by Ord. 399-97, App. 10/17/97)
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