Further Amendment to Executive Order 12580, as Amended, Superfund Implementation
Signed June 20, 2003·George W. Bush·68 FR 37691
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Amends Executive Order 12580, which implements the Comprehensive Environmental Response, Compensation, and Liability Act (the Superfund law). Updates a cross-reference to include Section 105(h) of the Act, and delegates additional presidential authorities under Sections 107(o) and (p) to the heads of federal departments and agencies for releases on or from facilities under their control, and otherwise to the Administrator of the Environmental Protection Agency, in consultation with federal natural resource trustees where natural resource restoration is involved. Adds a new section on Brownfields, delegating authority under Sections 101(39), 101(41), 104(k), and 128 of the Act to the Administrator, and certain determinations regarding covered property to the heads of departments and agencies with jurisdiction over that property. Also states the order does not affect the budget or legislative functions of the Office of Management and Budget, and creates no enforceable rights against the federal government.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
Report a problem with this summary
Legal standing
Not yet published. Court challenges, injunctions and rulings tied to individual orders will appear here once each can be linked to its source record.
Nothing appears in this space without a citation to a court action or a cited precedent. An order with no such record is described as untested, never as likely or unlikely to survive.
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, Executive Order 12580 of January 23, 1987, is hereby amended as follows:
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 13308 of June 20, 2003
Further Amendment to Executive Order 12580, as
Amended, Superfund Implementation
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, Executive Order 12580 of January 23, 1987, is
hereby amended as follows:
Section 1. In Section 1(b)(1), the phrase “Sections
105(a), (b), (c), and (g)” is revised to read
“Sections 105(a), (b), (c), (g) and (h)”.
Sec. 2. In Section 5, a new subsection (f) and a new
subsection (g) are added to read as follows:
“(f) The functions vested in the President by Section 107(o) and (p) of
the Act are delegated to the heads of the Executive departments and
agencies, to be exercised in consultation with the Administrator, with
respect to releases or threatened releases where either the release is on
or the sole source of the release is from any facility under the
jurisdiction, custody, or control of those departments and agencies.
(g) Subject to subsection (f) of this Section, the functions vested in the
President by Section 107(o) and (p) of the Act are delegated to the
Administrator except that, with respect to determinations regarding natural
resource restoration, the Administrator shall make such determinations in
consultation with the appropriate Federal natural resource trustee.”
Sec. 3. New Sections 12, 13, and 14 are added to read
as follows:
“Sec. 12. Brownfields.
(a) The functions vested in the President by Sections 101(39) and (41) and
104(k) of the Act are delegated to the Administrator.
(b) The functions vested in the President by Section 128(b)(1)(B)(ii) of
the Act are delegated to the heads of the Executive departments and
agencies, to be exercised in consultation with the Administrator, with
respect to property subject to their jurisdiction, custody, or control.
(c) The functions vested in the President by Section 128(b)(1)(E) of the
Act are delegated to the heads of Executive departments and agencies in
cases where they have acted under subsection (b) of this Section.
(d) Subject to subsections (b) and (c) of this Section, the functions
vested in the President by Section 128 of the Act are delegated to the
Administrator.
“Sec. 13. Preservation of Authorities.
Nothing in this order shall be construed to impair or otherwise affect the
functions of the Director of the Office of Management and Budget relating
to budget, administrative, or legislative proposals.
“Sec. 14. General Provision.
This order is intended only to improve the internal management of the
Federal Government and is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or equity by a
party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other
person.”
(Presidential Sig.)B
THE WHITE HOUSE,
June 20, 2003.Reproduced from the Federal Register plain-text record, signed June 20, 2003. Typesetting artifacts are removed; no wording is changed.