Question # 911

911. If the Bureau of Indian Affairs operates a facility on a reservation, is the facility subject to EPCRA requirements as a result of Executive Order 13148?
Yes. The Bureau of Indian Affairs is part of the Department of Interior (DOI), which is a federal agency. If the facility meets the activity threshold requirements under EPCRA section 313, then the facility must report. The facility should submit reports both to EPA and to the state, unless the American Indian tribe has chosen to act independently of the state for the purpose of section 313 reporting. If this is the case, the facility should submit reports to the tribal emergency response commission (TERC), or until the TERC is established, the Chief Executive Officer of the Indian tribe, as well as to EPA.