ExecutiveOrdersEO
EO 13638Executive OrderObama · D Quiet signal

Executive Order 13638

Amendments to Executive Order 12777

This executive order re-delegates authority for adjusting oil spill liability limits under the Oil Pollution Act of 1990. It assigns specific responsibilities to different cabinet secretaries based on facility type—Coast Guard department for vessels and marine facilities, EPA Administrator for non-transportation onshore facilities, Transportation Secretary for non-marine transportation facilities, and Interior Secretary for offshore facilities—each with CPI adjustment authority and congressional reporting duties.

Federal Register Open PDF 78 FR 17589

Key directives

  • Delegate vessel/marine facility/deepwater port liability limit adjustments to Secretary of department in which Coast Guard operates (with EPA, DOT, DOI, AG consultation)
  • Delegate non-transportation-related onshore facility liability limits to EPA Administrator (with Coast Guard, DOT, DOI, DOE, AG consultation)
  • Delegate non-marine transportation-related onshore facility liability limits to Transportation Secretary (with Coast Guard, EPA, DOI, AG consultation)
  • Delegate offshore facility liability limit adjustments to Interior Secretary (with Coast Guard, EPA, DOT, AG consultation)
  • Require all delegated officials to report to Congress on desirability of adjusting liability limits
  • Require EPA and DOT to provide regulatory analysis support for timely CPI adjustments

Who is ordered

Timeline

Immediate

  • EO takes effect upon signing; liability limit adjustment authority immediately re-delegated to specified officials

Near term (90d)

  • Potential CPI adjustments could be initiated by delegated officials

Long term

  • Ongoing periodic liability limit adjustments tied to CPI
  • Congressional reports on desirability of adjustments
  • Potential shifts in cleanup cost allocation across industry sectors

Risks & tensions

  • No explicit deadlines for CPI adjustments or congressional reports—timing is discretionary
  • Potential coordination friction among multiple agencies with overlapping consultation requirements
  • Split authority between agencies may create jurisdictional ambiguity for certain facility types
  • Liability limit adjustments affect industry costs but also federal exposure if spills exceed limits
  • CPI-based adjustments may lag actual cost increases, creating coverage gaps
Executive Order 13638: Amendments to Executive Order 12777 · Executive Orders