On October 17, 2008, EPA finalized several changes to the SARA Title III regulations (40 CFR Parts 355 and 370). These changes were proposed on June 8, 1998 (63 FR 31268), and took effect ten years later on December 3, 2008 (73 FR 65452).

All sections of 40 CFR Parts 355 and 370 are in plain language, using a question and answer format. There are only minor changes to the emergency planning and emergency release notification sections. For hazardous chemical reporting regulations, there are changes regarding the Tier I and Tier II forms, as well as changes in how to report hazardous chemicals in a mixture.

  • The Tier I and Tier II forms and their instructions have been removed from the code of federal regulations (CFR). They may now be found on EPA’s Emergency Management web site. The revised regulation includes a description of the requirements for Tier I and Tier II.
  • Facilities are now required to report their North American Industry Classification System (NAICS) code on the Tier I or Tier II form.
  • The chemical or common name of the chemical as provided on the Material Safety Data Sheet must be provided on the Tier II form.
  • When determining whether the threshold quantity of an extremely hazardous substance (EHS) has been met, facilities must include the total quantity of that EHS present in the pure form as well as in any mixture, even if any mixture including the EHS is also being reported as a hazardous chemical.
  • For hazardous chemicals that are mixtures and do not contain any extremely hazardous substance, facilities have an option when determining whether the threshold quantity is present:

(1) add together the quantity present in its pure form and as a component in all mixtures (even

if the mixture is also being reported as a hazardous chemical), or (2) consider the total quantity of each mixture separately.

(2) consider the total quantity of each mixture separately.