§ 1182. SUBMISSION OF RMP.

(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)