If a covered process has an accident, when does it lose eligibility for Program 1 status?

A process covered under 40 CFR Part 68 is eligible for Program 1 requirements if it meets all of the criteria listed at 40 CFR §68.10(b). Those criteria include a requirement that the process cannot have had an accidental release of a regulated substance that led to offsite death, injury, or environmental response or restoration activities within five years prior to the risk management plan (RMP) submission. If there is an accident that results in serious offsite consequences from a previously identified and documented Program 1 process, when will the process lose its Program 1 status? Must the RMP be revised to reflect the change in status and requirements for that process?

The process in this scenario will lose its Program 1 status immediately, and the owner or operator will have to comply with the requirements of the new program level applicable to the process (40 CFR §68.10(e)). The owner or operator will be required to revise and update the RMP to reflect that change within six months of the incident (40 CFR §68.190(b)(7)).