Amendment to Executive Order No. 12580

This executive order amends a 1987 order to delegate certain hazardous substance response authorities under CERCLA (Superfund) to five additional Cabinet secretaries (Interior, Commerce, Agriculture, Defense, Energy) for releases affecting their natural resources or facilities, subject to concurrence from either the Coast Guard (for coastal/Great Lakes/port/harbor areas) or the EPA Administrator (for other areas). The order explicitly prohibits using Superfund money to pay for responses when a responsible party fails to comply with an order.

Federal Register Open PDF 61 FR 45871

Key directives

Delegate CERCLA sections 106(a) and 122 (except 122(b)(1)) authorities to Interior, Commerce, Agriculture, Defense, and Energy secretaries
Require Coast Guard concurrence for coastal zone/Great Lakes/ports/harbors releases
Require EPA Administrator concurrence for other releases
Prohibit Superfund use when responsible party fails to comply with agency order
Preserve existing authorities from other sections of EO 12580
Mandate interagency coordination for efficiency and effectiveness

Who is ordered

Timeline

Immediate

Delegation of authority takes effect upon signing
Coast Guard and EPA must now coordinate with five additional Cabinet departments on response actions

Near term (90d)

Interagency coordination procedures to be established for concurrence requirements
Agencies must clarify jurisdictional boundaries for lead vs. supporting roles

Long term

Shift in federal response dynamics for multi-jurisdictional hazardous releases
Potential litigation over concurrence requirements and 'lead agency' determinations

Risks & tensions

Jurisdictional friction: 'concurrence' requirement may create delays in emergency responses
Vague 'lead agency' determinations could trigger interagency disputes
Explicit Superfund funding prohibition may leave gaps if responsible parties are insolvent
Department of Energy vs. 'Secretary of Energy' inconsistency between sections (c)(3) and (d)(3) — possible drafting error
No clarity on dispute resolution if concurrence is withheld