Superfund Implementation

This executive order delegates presidential authorities under the Superfund law (CERCLA and SARA) to specific federal agencies, establishing the National Response Team structure with EPA and Coast Guard leadership, and assigning responsibilities for hazardous waste cleanup, enforcement, liability, litigation, and Superfund budget management across the executive branch.

52 FR 2923

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Key directives

EPA Administrator designated as chair of NRT, Coast Guard as vice chair (Section 1(a)(3))
EPA Administrator delegated responsibility for NCP revision and functions under Sections 105(a)-(c), (g), 125, 301(f) of CERCLA (Section 1(b)(1))
Federal trustees for natural resources designated: Secretaries of Defense, Interior, Agriculture, Commerce, and Energy (Section 1(c))
All NCP revisions subject to OMB review and approval (Section 1(e))
Attorney General retains exclusive authority over judicial representation and litigation control (Section 6(a))
President retains authority to require Attorney General to commence litigation (Section 6(b))
Administrator authorized to transfer Superfund monies to agencies, subject to OMB approval (Section 9(b))
Administrator to chair Superfund budget task force with site-specific expenditure reporting (Section 9(c))
Federal agencies must reimburse Superfund for removal actions at their facilities (Section 9(i))
Executive Order 12316 revoked (Section 11(h))

Timeline

Immediate

Revocation of Executive Order 12316
Establishment of NRT/RRT structure with EPA/Coast Guard co-chair roles
Delegation of Superfund authorities to designated agencies

Near term (90d)

NCP revisions subject to OMB review and interagency consultation
Budget task force formation for Superfund planning

Long term

Ongoing cleanup schedule implementation for federal facilities
Long-term institutional framework for hazardous substance response and liability

Risks & tensions

Complex overlapping authorities create potential jurisdictional conflicts between EPA, Coast Guard, and other agencies depending on inland vs. coastal zone determinations
Concurrence requirement with Attorney General for enforcement actions (Sections 4, 5, 6) may slow response times
OMB review of all NCP revisions adds procedural bottleneck to regulatory updates
Federal facility cleanups subject to dual EPA-agency oversight with OMB dispute resolution, creating implementation friction
Retroactive delegation of Section 119 authority to Administrator (Section 2(g)) raises potential legal uncertainty for past actions