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TRI for Tribal Citizens and Governments
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In 1986, Congress passed EPCRA, to help local communities, including Indian reservations, protect public health and the environment from chemical hazards by informing citizens about the chemicals present in their communities. On July 26, 1990, EPA promulgated a rule in the Federal Register designating Indian Tribes and their chief executive officers as the implementing authority for EPCRA on all Indian lands (See, e.g., 40 CFR 372.3 and 372.30; 55 Federal Register 30632). Tribal citizens and their government officials are encouraged to both use TRI information, and use their authority as implementing agencies, to protect the health and environment on Indian lands.
Tribal Use of TRI Information
As with any community, Tribes may use TRI to identify sources of toxic chemical releases in their geographic areas. EPA has provided information to help communities use TRI. The information collected under TRI helps Tribal citizens to paint a picture of the hazardous substances, chemicals, and toxics found on Indian lands. It also aids Tribal communities in working with industries to reduce the use and releases and other waste management of toxic chemicals and prevent chemical accidents.
Tribal Government Authorities
EPA’s policy is to work with Tribes on a government-to-government basis in implementing the requirements of EPCRA. EPCRA contains four major provisions: planning for chemical emergencies, emergency notification of chemical accidents and releases, reporting of hazardous chemical inventories, and toxic chemical release reporting under the Toxics Release Inventory (TRI).
As the implementing authority for TRI facilities on Indian lands, Tribal governments may enter into Memoranda of Agreement (MOA’s) with EPA to implement the exchange of TRI information between governments.
Tribal governments also have the authority to enforce TRI requirements. See EPA’s general guidance regarding Tribal enforcement authority.
Other Information for Tribes
Tribal citizens and governments may also be interested in EPA’s policies regarding environmental justice.