(i)
Prohibition
Notwithstanding subparagraph (A) or (E), the Secretary may suspend the authority of a covered chemical facility to certify a site security plan if the Secretary—
(I)
determines the certified site security plan or an amended site security plan is facially deficient; and
(II)
not later than 100 days after the date on which the Secretary receives the site security plan and certification, provides the covered chemical facility with written notification that the site security plan is facially deficient, including a clear explanation of each deficiency in the site security plan.
(ii)
Additional security measures
(I)
In general
If, during or after a compliance inspection of an expedited approval facility, the Secretary determines that planned or implemented security measures in the site security plan of the facility are insufficient to meet the risk-based performance standards based on misrepresentation, omission, or an inadequate description of the site, the Secretary may—
(aa)
require additional security measures; or
(bb)
suspend the certification of the facility.
(II)
Recommendation of additional security measures
If the Secretary suspends the certification of an expedited approval facility under subclause (I), the Secretary shall—
(aa)
recommend specific additional security measures that, if made part of the site security plan by the facility, would enable the Secretary to approve the site security plan; and
(bb)
provide the facility an opportunity to submit a new or modified site security plan and certification under subparagraph (A).
(III)
Submission; review
If an expedited approval facility determines to submit a new or modified site security plan and certification as authorized under subclause (II)(bb)—
(aa)
not later than 90 days after the date on which the facility receives recommendations under subclause (II)(aa), the facility shall submit the new or modified plan and certification; and
(bb)
not later than 45 days after the date on which the Secretary receives the new or modified plan under item (aa), the Secretary shall review the plan and determine whether the plan is facially deficient.
(IV)
Determination not to include additional security measures
(aa)
Revocation of certification
(bb)
Effect of revocation
(AA)
the order shall require the owner or operator of the facility to submit a site security plan or alternative security program for review by the Secretary review
under subsection (c)(1); and
(BB)
the facility shall no longer be eligible to certify a site security plan under this paragraph.
(V)
Facial deficiency
If the Secretary determines that a new or modified site security plan submitted by an expedited approval facility under subclause (III) is facially deficient—
(aa)
not later than 120 days after the date of the determination, the owner or operator of the facility shall submit a site security plan or alternative security program for review by the Secretary under subsection (c)(1); and
(bb)
the facility shall no longer be eligible to certify a site security plan under this paragraph.