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Compliance with the Emergency Planning and Community Right-to-Know Act of 1986 as Required under Executive Order 12856 Questions and Answers Part I For EO Section 3-304 Toxic Release Inventory Pollution Prevention Reporting (EPCRA Section 313) General Must DoD facilities pay EPCRA report filing fees to those states that have fee programs? No. The payment of state filing fees by the Federal government would constitute taxation and the Federal government does not pay taxes to states. If state right-to-know laws are more stringent than EPCRA, must DoD facilities comply with the state right-to-know requirements and EPCRA requirements as well? No. EO 12856 does not require DoD facilities to comply with state and local right-to-know requirements that are more stringent than EPCRA requirements. However, section 5-505 of the Executive Order does encourage such compliance. Can EPA fine a DoD facility if the facility does not comply with EO 12856? No. EO 12856 does not give EPA the authority to fine DoD facilities. However, section 5-504 authorizes EPA to conduct reviews and inspections of DoD facilities as necessary to monitor compliance with toxic release inventory, pollution prevention, and community right-to-know reporting requirements as set out in sections 3-304 and 3-305. Section 5- 507 requires EPA to report annually to the President on Federal agency compliance with section 3-304 of the Executive Order. Are DoD facilities on Guam "in the customs territory of the U.S."? No. According to the customs regulations, Guam is not "in the customs territory of the U.S." The "customs territory" includes the 50 states, the District of Columbia, and Puerto Rico. Because the definition of"state" under EPCRA section 329 includes certain territories and possessions outside the customs territory of the U.S. (including Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands), DoD