Further Amendment to Executive Order 12580, as Amended, Superfund Implementation

This executive order amends Superfund implementation rules by adding Section 105(h) to presidential authorities, delegating specific CERCLA functions related to natural resource restoration and brownfields to EPA and other federal agencies, and clarifying interagency consultation requirements.

Federal Register Open PDF 68 FR 37691

Key directives

Revise Section 1(b)(1) of EO 12580 to include Section 105(h) of CERCLA
Delegate presidential functions under CERCLA Section 107(o) and (p) to executive department heads for releases from their facilities, in consultation with EPA Administrator
Delegate presidential functions under CERCLA Section 107(o) and (p) to EPA Administrator, with natural resource restoration determinations made in consultation with federal natural resource trustees
Delegate presidential functions under CERCLA Sections 101(39), 101(41), and 104(k) (brownfields definitions and grants) to EPA Administrator
Delegate presidential functions under CERCLA Section 128(b)(1)(B)(ii) to executive department heads for property under their jurisdiction, custody, or control
Delegate presidential functions under CERCLA Section 128(b)(1)(E) to executive department heads when they have acted under subsection (b)
Reserve remaining Section 128 functions to EPA Administrator subject to department head authorities

Who is ordered

Timeline

Immediate

Delegation of Section 107(o) and (p) functions to department heads and EPA Administrator takes effect
Brownfields authorities delegated to EPA Administrator and department heads

Near term (90d)

Agencies to adjust internal procedures for consultation requirements on natural resource restoration determinations
Implementation of Section 128(b) property-specific delegations for federal facilities

Long term

Ongoing interagency coordination structure for Superfund and brownfields cleanup at federal facilities
Potential shifts in cleanup liability and natural resource damage assessments for federal properties

Risks & tensions

Interagency friction possible between EPA Administrator and department heads over 'consultation' requirements—text does not specify binding dispute resolution
Natural resource trustee consultation requirement (Sec. 2(g)) may slow restoration determinations but text does not define 'appropriate' trustee or consultation process
Brownfields delegation to department heads for federal property (Sec. 12(b)) creates dual-track system with EPA; jurisdictional boundaries may require ongoing negotiation
No private right of action created (Sec. 14), limiting judicial enforcement of these delegations