RMP Program
Levels

Step 1: Check Program 1 eligibility

A process qualifies for Program 1 only if all four of the following are true:

• The worst-case release scenario does not have any public receptors within the distance to the toxic or flammable endpoint
• No accidents from the process in the last five years caused offsite deaths, injuries, evacuation, sheltering in place, property damage, or environmental damage
• Emergency response procedures have been coordinated with local emergency response organizations
• The process is not subject to OSHA PSM and not in a Program 3 NAICS code (these conditions automatically push it to Program 3)

If all four are true, the process is Program 1. If any are false, continue to Step 2.

Step 2: Check Program 3 conditions

A process is Program 3 if either of the following is true:

• It is subject to OSHA Process Safety Management (29 CFR 1910.119)
• It is classified in one of the ten NAICS codes listed at 40 CFR 68.10(d) (see table below)

If either is true, the process is Program 3. If neither is true, the process is Program 2 by default.

Step 3: Default to Program 2

If a process does not qualify for Program 1 (because it has public receptors, recent offsite-consequence accidents, or untreated emergency coordination) and is not Program 3 (because OSHA PSM does not apply and the process is not in a Program 3 NAICS code), it is Program 2.

Who qualifies

Program 1 was designed for low-risk processes whose worst-case release would not reach the public. In practice, qualifying processes tend to be small, isolated facilities with no nearby populations — certain remote utility operations, small ag retailers in rural settings, and some research operations. Most chemical, refining, and water/wastewater facilities do not qualify.

What is required

• Hazard assessment: Worst-case release scenario only (no alternative scenarios required)
• 5-year accident history: Document any accidental releases from the process in the last five years
• Emergency response coordination: Verify that local emergency responders know about the regulated substance, are willing and able to respond, and that response procedures are coordinated
• RMP submission: Submit the abbreviated Program 1 portions of the Risk Management Plan
• Recordkeeping: Maintain records substantiating Program 1 eligibility for the duration of coverage

What is not required

Program 1 processes do not need a written prevention program, PHA, training records, MOC, mechanical integrity, or compliance audits. The compliance burden is fundamentally lower — but the eligibility test is strict, and any change that creates public receptors or causes an offsite-consequence accident triggers reclassification.

Who qualifies

Program 2 is the default for any process that doesn't qualify for Program 1 and isn't pulled into Program 3 by PSM coverage or NAICS code. Common Program 2 processes include water and wastewater treatment with chlorine, ammonia refrigeration in food and cold storage, propane distribution, and certain ag retailers with anhydrous ammonia.

Hazard assessment

Worst-case release scenario plus at least one alternative release scenario for each regulated toxic substance and one collective alternative scenario for flammables. Alternative scenarios should reflect more likely release events that could reach an offsite endpoint — transfer hose failures, vessel ruptures with mitigation, process upsets.

Streamlined prevention program (40 CFR 68.48–68.60)

• Safety information: Documentation of regulated substance hazards, equipment design, and operating limits
• Hazard review: Identification of process hazards, opportunities for equipment malfunction or human error, and safeguards (similar to but less rigorous than full PHA)
• Operating procedures: Written procedures for normal and emergency operations
• Training: Initial and refresher training (every three years) for operators
• Maintenance: Written procedures for ongoing maintenance, inspection, testing, and quality assurance
• Compliance audits: Every three years, two most recent reports retained
• Incident investigation: Investigation of incidents that resulted in or could reasonably have resulted in a release

Emergency response

Same as Program 3 — either a written emergency response plan if employees respond, or coordination with local responders if they do not.

Who qualifies

Any process subject to OSHA PSM (29 CFR 1910.119), or any process classified in one of the ten Program 3 NAICS codes listed above. This captures most refining, chemical manufacturing, and large industrial chemical handling operations.

Hazard assessment

Same as Program 2 — worst-case plus alternative release scenarios for each regulated toxic substance and one collective alternative for flammables.

Full prevention program (40 CFR 68.65–68.87)

The Program 3 prevention program is essentially identical to OSHA PSM:

• Process safety information — chemical hazards, technology, equipment
• Process hazard analysis — HAZOP, What-If, FMEA, Fault Tree, etc., revalidated every 5 years
• Operating procedures — startup, normal ops, shutdown, emergencies
• Training — initial and refresher every 3 years
• Contractors — selection, evaluation, oversight
• Pre-startup safety review
• Mechanical integrity
• Hot work permits
• Management of change
• Incident investigation
• Employee participation
• Compliance audits
• Trade secrets

Example mixed-level facility

• Process A: A reactor producing organic intermediates — subject to OSHA PSM, NAICS 325199 — Program 3
• Process B: A chlorine dioxide system for water treatment — not PSM-covered, not in a Program 3 NAICS code, but with public receptors within worst-case distance — Program 2
• Process C: A small anhydrous ammonia tank for fertilizer feedstock — remote location with no public receptors and no offsite-consequence accidents — Program 1

The facility submits one Risk Management Plan covering all three processes, but each process has its own program level designation, prevention program, and corresponding hazard assessment.

Common reasons for level changes

• Adding a new regulated substance that brings the process under PSM
• Removing a regulated substance such that PSM no longer applies
• Changes to nearby populations that create or eliminate public receptors
• An offsite-consequence accident that disqualifies the process from Program 1
• Expanded coverage from a new EPA rulemaking
• Reclassification of the facility's NAICS code

What you must do

• Document the date and reason for the program level change
• Build out (or stand down) the prevention program elements that apply at the new level
• Conduct or refresh hazard assessment as required at the new level
• Submit a revised Risk Management Plan to EPA within six months
• Update emergency response coordination if the change affects offsite consequences
• Train operators on any new procedures or protocols introduced by the new level

Maintain a program level log

For each covered process, keep a written record showing the program level designation, the date assigned, the basis for the designation (PSM coverage, NAICS code, worst-case distance, public receptors, accident history, emergency coordination), and any subsequent changes. This is one of the first documents EPA inspectors request.

Tie classification to MOC

Any change to a covered process should include a step in the MOC review asking: "Does this change affect program level?" Catching a level change at the MOC stage is far better than discovering it during an audit.

Track public receptor changes

New residential development, new schools, or new commercial buildings near the facility can create public receptors that did not exist before. Periodically verify the surrounding area against the worst-case endpoint distance — aerial imagery and county GIS records make this straightforward.