['Risk Management Program']
['Risk Management Program']
02/27/2022
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(a) These requirements apply to any stationary source subject to this part 68 and parts 70 or 71 of this Chapter. The 40 CFR part 70 or part 71 permit for the stationary source shall contain:
(1) A statement listing this part as an applicable requirement;
(2) Conditions that require the source owner or operator to submit:
(i) A compliance schedule for meeting the requirements of this part by the dates provided in §§68.10(a) through (f) and 68.96(a) and (b)(2)(i), or;
(ii) As part of the compliance certification submitted under 40 CFR 70.6(c)(5), a certification statement that the source is in compliance with all requirements of this part, including the registration and submission of the RMP.
(b) The owner or operator shall submit any additional relevant information requested by the air permitting authority or designated agency.
(c) For 40 CFR part 70 or part 71 permits issued prior to the deadline for registering and submitting the RMP and which do not contain permit conditions described in paragraph (a) of this section, the owner or operator or air permitting authority shall initiate permit revision or reopening according to the procedures of 40 CFR 70.7 or 71.7 to incorporate the terms and conditions consistent with paragraph (a) of this section.
(d) The state may delegate the authority to implement and enforce the requirements of paragraph (e) of this section to a state or local agency or agencies other than the air permitting authority. An up-to-date copy of any delegation instrument shall be maintained by the air permitting authority. The state may enter a written agreement with the Administrator under which EPA will implement and enforce the requirements of paragraph (e) of this section.
(e) The air permitting authority or the agency designated by delegation or agreement under paragraph (d) of this section shall, at a minimum:
(1) Verify that the source owner or operator has registered and submitted an RMP or a revised plan when required by this part;
(2) Verify that the source owner or operator has submitted a source certification or in its absence has submitted a compliance schedule consistent with paragraph (a)(2) of this section;
(3) For some or all of the sources subject to this section, use one or more mechanisms such as, but not limited to, a completeness check, source audits, record reviews, or facility inspections to ensure that permitted sources are in compliance with the requirements of this part; and
(4) Initiate enforcement action based on paragraphs (e)(1) and (e)(2) of this section as appropriate.
[84 FR 69916, Dec. 19, 2019]
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