Currently, the TRI Program convenes bi-monthly calls with TRI State Coordinators and TRI Regional Coordinators (located in each of EPA’s ten regional offices).  Under this potential proposed rule, EPA would ask Tribes to designate an official to receive the TRI reports and would then invite those designated TRI Tribal Coordinators to participate in the bi-monthly calls as well.

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A Tribe’s only responsibility under the options EPA is considering would be to receive any TRI reports submitted by facilities located within its Indian country.  EPA would ask affected Tribes (those with facilities located in their Indian country) to identify a point of contact to whom facilities could provide the annual report of TRI releases.  If no TRI contact was designated, the Tribal Environmental Department would serve as the point of contact for report submissions.

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Under another potential outcome of the proposed rulemaking, if a State participates in (or becomes a member of) the TRI Data Exchange and a facility located in Indian country within that State electronically submits a TRI report to EPA, then that State could also receive the facility’s TRI report via the TRI Data Exchange. The appropriate Tribe would receive the report as described in the discussion post, “Tribal Receipt of TRI Reports” (above).

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Under one potential outcome of the proposed rulemaking, if a facility is located in the Indian country of a Tribe that becomes a member of the internet-based TRI Data Exchange, then that facility could meet its dual EPA/Tribal reporting requirements by submitting its TRI report to EPA via TRI-MEweb (a web-based application that allows facilities to submit a paperless report).  EPA would then automatically transmit the report to the appropriate Tribe via the TRI Data Exchange. 

If the facility is located  in the Indian country of a Tribe that does not become a member of the TRI Data Exchange, or if the facility traditionally submits via paper form, then the facility would be required to submit a TRI report to EPA and also to the appropriate Tribe.

Editor's Note: The opinions expressed here are those of the author. They do not reflect EPA policy, endorsement, or action, and EPA does not verify the accuracy or science of the contents of the blog.

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