The eligibility criteria for Program 1 status under 40 CFR Part 68 include a requirement that the process must not have had an accidental release resulting in serious offsite consequences for the past five years (40 CFR §68.10(b)(1)). Can a newly-constructed process that has no accident history qualify for Program 1 status?
Yes. A covered process is eligible for Program 1 provided: (1) the process has not had an accidental release of a regulated substance that resulted in off-site death, injury, or response or restoration activities at an environmental receptor in the five years prior to the submission date of the RMP; (2) there are no public receptors within the distance to a toxic or flammable endpoint associated with a worst-case release scenario; and (3) emergency response procedures have been coordinated with the local emergency planning committee and response organizations (40 CFR §68.10). The emergency response plan must include the name and phone number of the coordinating agency. A facility's emergency response plan must be coordinated with the community emergency response plan under EPCRA for the facility's community (40 CFR §68.95). The LEPC for the facility's community typically will be the agency with which the emergency response plans are coordinated. If your facility does not have an emergency response plan, indicate the agency that you have coordinated your response activities with. If you have regulated toxic substances and your employees will not be responding to accidental releases, your facility must be included in the community emergency response plan developed by the LEPC. If that is the case, indicate the name and phone number of your LEPC on the RMP. If you only have regulated flammable substances and your employees will not be responding to releases of those substances, you must have coordinated response actions with the local fire department. If that is the case, indicate the name and phone number of your local fire department on your RMP.