Amendment to Executive Order No. 12580
Signed August 28, 1996·William J. Clinton·61 FR 45871
Source
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Plain-language summary
Amends Executive Order 12580, which governs federal implementation of the Comprehensive Environmental Response, Compensation, and Liability Act (the Superfund law). Adds two new provisions to section 4. The first delegates authority under sections 106(a) and 122 of the Act to the Secretaries of the Interior, Commerce, Agriculture, Defense, and Energy, to be used only with Coast Guard concurrence, for releases or threatened releases in coastal zones, Great Lakes waters, ports, and harbors affecting resources or vessels/facilities under their control, except where the Coast Guard leads the response. The second grants similar authority to those same agencies for other releases, to be exercised only with concurrence of the Environmental Protection Agency Administrator, except where the Administrator leads the response. Both provisions bar use of Superfund money to cover costs owed by parties who fail to comply with cleanup orders, and require interagency coordination for efficiency.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 115 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601 et seq.) (the “Act”), and section 301 of title 3, United States Code, I hereby order
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Amends: EO 12580, January 23, 1987
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13016 of August 28, 1996
Amendment to Executive Order No. 12580
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 115 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980, as amended (42 U.S.C. 9601 et seq.) (the
“Act”), and section 301 of title 3, United States
Code, I hereby order that Executive Order No. 12580 of
January 23, 1987, be amended by adding to section 4 the
following new subsections:
Section 1. A new subsection (c)(3) is added to read as
follows:
“(3) Subject to subsections (a) and (b)(1) of this
section, the functions vested in the President by
sections 106(a) and 122 (except subsection (b)(1)) of
the Act are delegated to the Secretary of the Interior,
the Secretary of Commerce, the Secretary of
Agriculture, the Secretary of Defense, and the
Secretary of Energy, to be exercised only with the
concurrence of the Coast Guard, with respect to any
release or threatened release in the coastal zone,
Great Lakes waters, ports, and harbors, affecting (1)
natural resources under their trusteeship, or (2) a
vessel or facility subject to their custody,
jurisdiction, or control. Such authority shall not be
exercised at any vessel or facility at which the Coast
Guard is the lead Federal agency for the conduct or
oversight of a response action. Such authority shall
not be construed to authorize or permit use of the
Hazardous Substance Superfund to implement section 106
or to fund performance of any response action in lieu
of the payment by a person who receives but does not
comply with an order pursuant to section 106(a), where
such order has been issued by the Secretary of the
Interior, the Secretary of Commerce, the Secretary of
Agriculture, the Secretary of Defense, or the Secretary
of Energy. This subsection shall not be construed to
limit any authority delegated by any other section of
this order. Authority granted under this subsection
shall be exercised in a manner to ensure interagency
coordination that enhances efficiency and
effectiveness.”
Sec. 2. A new subsection (d)(3) is added to section 4
to read as follows:
“(3) Subject to subsections (a), (b)(1), and (c)(1) of
this section, the functions vested in the President by
sections 106(a) and 122 (except subsection (b)(1)) of
the Act are delegated to the Secretary of the Interior,
the Secretary of Commerce, the Secretary of
Agriculture, the Secretary of Defense, and the
Department of Energy, to be exercised only with the
concurrence of the Administrator, with respect to any
release or threatened release affecting (1) natural
resources under their trusteeship, or (2) a vessel or
facility subject to their custody, jurisdiction, or
control. Such authority shall not be exercised at any
vessel or facility at which the Administrator is the
lead Federal official for the conduct or oversight of a
response action. Such authority shall not be construed
to authorize or permit use of the Hazardous Substance
Superfund to implement section 106 or to fund
performance of any response action in lieu of the
payment by a person who receives but does not comply
with an order pursuant to section 106(a), where such
order has been issued by the Secretary of the Interior,
the Secretary of Commerce, the Secretary of
Agriculture, the Secretary of Defense, or the Secretary
of Energy. This subsection shall not be construed to
limit any authority delegated by any other section of
this order. Authority granted under this sub
section shall be exercised in a manner to ensure
interagency coordination that enhances efficiency and
effectiveness.”
(Presidential Sig.)
THE WHITE HOUSE,
August 28, 1996.Reproduced from the Federal Register plain-text record, signed August 28, 1996. Typesetting artifacts are removed; no wording is changed.