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EPA/OEI

RIN: 2025-AA31

Publication ID: Fall 2011

Title: Toxic Release Inventory (TRI) Reporting for Facilities Located on Indian Country
Abstract: This action corrects one error in 40 CFR section 372.30(a) of the Code of Federal Regulations, by reinstating the previously promulgated amendment from 1990 which named tribes as the implementing authority for title III within their jurisdiction. This portion of the amendment, part 372.30(a) from July 26, 1990, specifically addresses the "whom" to where facilities located in Indian Country are to report, i.e., facilities on Indian Country need to submit their information to the tribal official rather than the State. This amendment did not officially become codified in the Federal Register, due to a transcription oversight. In the Federal Register of July 26, 1990 (55 FR 144), for 40 CFR part 355.20 and 372.30, EPA has appointed the Indian Tribe as the implementing authority for title III on land on which it presides. This geographic area, defined as "Indian Country," is managed by the chief executive officer of the Tribe with the same responsibilities as a governor, as outlined by SARA section 301. Since the 1990 amendment, EPA has delegated such oversight authority to Tribes for Title III within their jurisdiction. Given this, 40 CFR part 372.30(a) needs to be revised to include guidance for facilities located in Indian Country; EPA's Form R and Form R Schedule 1 must therefore be submitted to the official designated by the Chief Executive Officer of the tribe, as well as to EPA.
Agency: Environmental Protection Agency(EPA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 372.30(a)
Legal Authority: 42 USC 11013, 42 USC 11028

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	09/30/2011	76 FR 60781
NPRM Comment Period End	11/29/2011
Final Action	02/00/2012

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Tribal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Louise Camalier Environmental Protection Agency Office of Environmental Information 2842T, Washington, DC 20460 Phone:202 566-0503 Fax:202 566-0677 Email: Camalier.Louise@epamail.epa.gov Elizabeth Jackson Environmental Protection Agency Office of Environmental Information 2842T, Washington, DC 20460 Phone:202 566-0626 Fax:202 566-0677 Email: Jackson.Elizabeth@epamail.epa.gov