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The Discussion Forum Is Closed (as of March 31, 2011). Thank you for your participation!

EPA invites you to share your thoughts on a potential forthcoming rule by commenting on the posts below. These posts describe aspects of the potential rule, which will be discussed during two scheduled conference calls as part of EPA’s consultation with tribal governments, as well as in discussions with state representatives. Interested tribal representatives are encouraged to attend at least one of the Tribal consultation calls, and all interested persons are encouraged to participate in the discussion posts on the tribal provision topics.

The discussion forum will remain open and available for comment through March 31, 2011. Comments received will be posted to the docket identified as EPA-HQ-OEI-2011-0196.

Background

EPA is considering a proposal to clarify its regulations and guidance to enable tribal governments to participate more fully in the Toxics Release Inventory (TRI) Program.  In 1990, EPA finalized regulations in the Federal Register (FR) requiring facilities in Indian country to submit annual TRI reports to EPA and the appropriate tribal government (55 FR 30632).  These amendments, however, were inadvertently left out of the Code of Federal Regulations (CFR).  We are considering proposing a rule to include those provisions in the CFR and encourage tribal participation in the Program, as well as to communicate additional opportunities available to tribal governments.

What changes to TRI reporting requirements is EPA considering in this discussion forum?

Since the beginning of the TRI Program in 1986, facilities that meet TRI reporting requirements have been required to submit annual TRI reports to EPA and the State in which they are located (40 CFR 372).

The intent of EPA’s proposed rulemaking would be to require facilities that are located in Indian country to submit their annual TRI reports to the appropriate Tribe, rather than to the State in which the facility is geographically located.  The requirement for the facility to report to EPA would remain the same.  This was the intent of EPA’s rulemaking in 1990; however, as noted above, the relevant provisions were inadvertently omitted from the CFR.