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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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