Executive Order 12286—Responses to Environmental Damage

By the authority vested in me as President of the United States of America by Section 115 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510, approved December 11, 1980), it is hereby ordered as follows:

1-1. National Contingency Plan.

1-101. The National Oil and Hazardous Substance Pollution Contingency Plan (hereafter NCP), originally published pursuant to Section 311 of the Federal Water Pollution Control Act (Public Law 92-500, 33 U.S.C. 1321), shall be the primary vehicle for coordination of government response to releases of hazardous substances and pollutants and contaminants into the environment.

1-102. Subject to subsection 1-103 of this section, the Chairman of the Council on Environmental Quality is delegated all authority of the President under Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, hereafter referred to as the Act. In revising the NCP the Chairman shall consult with the National Response Team (hereafter NRT) as established under the NCP, and shall coordinate all such revisions with the Director of the Federal Emergency Management Agency prior to publication for notice and comment. Each Executive agency represented on the NRT shall, as appropriate, provide technical and administrative support to the Chairman.

1-103. The Administrator of the Environmental Protection Agency is delegated all authority of the President under subsection (8) (B) of Section 105 of the Act. In exercising this authority the Administrator shall consult with the NRT.

1-2. Determination of Remedial Action.

The head of each Executive agency having responsibility under the NCP for determination of the appropriate remedy or remedial action is delegated all authority of the President under Section 101 (24) of the Act.

1-3. Response Activities.

1-301. The Administrator of the Environmental Protection Agency and the Secretary of the Department in which the Coast Guard is operating are delegated, subject to the lines of jurisdiction in the NCP, all authority of the President under:

(a) Subsection (a) of Section 104 of the Act, subject to the further delegation of authority contained in section 1-303 of this Order.

(b) Subsections (c), (d), (f), and (g) of Section 104 of the Act.

(c) The first sentence of subsection (h) of Section 104 of the Act.

1-302. The Administrator of the Environmental Protection Agency is delegated, in consultation with the Executive agencies which may exercise emergency procurement powers under the NCP, all of the authority of the President under the second sentence of subsection (h) of Section 104 of the Act.

1-303. The head of each Executive agency having responsibilities for response actions under the NCP is delegated all authority of the President, to be exercised in accordance with the NCP, to undertake any necessary response actions under subsection (a) of Section 104 of the Act, and to act under subsection (b) of Section 104 of the Act, except as provided in section 1-304 below.

1-304. The Secretary of Health and Human Services, in consultation with the Administrator of the Environmental Protection Agency or the Secretary in the Department in which the Coast Guard is operating, as appropriate, is delegated all authority of the President, to be exercised in accordance with the NCP, to make the determination under subsection (b) of Section 104 of the Act relating to illness, disease and complaints thereof. The determination under subsection (i) of Section 104 as to the existence of a public health emergency shall be made by the head of the Public Health Service.

1-305. The head of each Executive agency designated in the NCP as having responsibility for determining the need for response to a release under Title I of the Act, or for enforcing the provisions of Title I of the Act, is delegated the authority to designate officers, employees and representatives under subsection (e) of Section 104 of the Act. The heads of each department and agency shall, in consultation with the Attorney General, develop guidelines or policies relating to the performance of the functions prescribed in subsection (e)(1) of Section 104. Regulations under subsection (e) (2) (c) of Section 104 respecting the manner in which data which may be entitled to protection under subsection (e)(2) of Section 104 of the Act shall be submitted and designated shall be promulgated by the Administrator of the Environmental Protection Agency in consultation with the NRT.

1-306. With respect to Department of Defense facilities, all actions taken under the delegations of this Order shall be consistent with statutes and Executive Orders protecting national security information.

1-4. Abatement Action.

The Administrator of the Environmental Protection Agency and the Secretary of the Department in which the Coast Guard is operating are delegated, in consultation with the Attorney General and subject to the lines of jurisdiction and procedures specified in the NCP, all authority of the President under subsection (a) of Section 106 of the Act.

1-5. Liability.

1-501. The Secretary of Transportation is delegated all authority of the President trader subsection (c) (1) (c) of Section 107 of the Act.

1-502. The Administrator of the Environmental Protection Agency and the Secretary of the Department in which the Coast Guard is operating are delegated, subject to the lines of jurisdiction specified in the NCP and acting through the Attorney General, all authority of the President under subsection (c) (3) of Section 107 of the Act.

1-503. The head of any Executive agency designated as a trustee under the NCP, as specified in subsection (h) of Section 111 of the Act, is delegated all authority of the President under subsection (f) of Section 107 of the Act.

1-504. The Secretary of the Treasury, in consultation with the Administrator of the Environmental Protection Agency, is delegated the authority of the President under subsection (k) (4) (B) of Section 107 of the Act to establish, after a public hearing, a rule determining the feasibility of an optional system of private insurance.

1-505. The Administrator of the Environmental Protection Agency, in consultation with the Secretary of the Treasury, is delegated all authority of the President under subsection (k) (4) (D) of Section 107 of the Act and all residual authority under (k)(4)(B) of Section 107 of the Act.

1-6. Financial Responsibility.

1-601. The Federal Maritime Commission is delegated all authority of the President under subsection (a) of Section 108 of the Act.

1-602. The Administrator of the Environmental Protection Agency and the Secretary of Transportation are delegated all authority of the President under subsection (b) of Section 108 of the Act. The Secretary shall exercise such authority for all transportation related facilities and the Administrator shall exercise all other such authority.

1-7. Employee Protection.

The Secretary of Labor, in consultation with the Administrator of the Environmental Protection Agency and with the Secretary of Transportation, is delegated all authority of the President under subsection (e) of Section 110 of the Act.

1-8. Uses of the Fund.

1-801. This subsection of this Order refers to payment of government costs as specified in subsection (a) (4) of Section 111 of the Act. Money available in the Fund for such government costs shall be in amounts which the Director of the Office of Management and Budget shall allocate to the head of each Executive agency having responsibilities for activities specified in subsection (a) (4) of Section 111 of the Act. Each such head is delegated, with respect to the amount so allocated to his agency by the Director, all authority of the President under subsection (f) of Section I 11 of the Act relating to designating Federal officials under the President's authority who may obligate money in the Fund. Any official so designated by an agency head may obligate amounts only up to the amount allocated to the agency head by the Director of the Office of Management and Budget under this subsection of this Order.

1-802. This subsection of this Order refers to payment of government response costs specified in subsection (a)(1) of Section 111 of the Act. Money available in the Fund for such government response costs shall be in a single amount which the Director of the Office of Management and Budget shall allocate to the Administrator of the Environmental Protection Agency for payment of government response costs as specified in subsection (a) ( 1 ) of Section 111 and as provided in the NCP. The Administrator of the Environmental Protection Agency is delegated, with respect to the amount so allocated by the Director, all authority of the President under subsection (f) of Section 111 of the Act relating to designating Federal officials under the President's authority who may obligate money in the Fund. Any official so designated by the Administrator may obligate amounts up to the amount allocated to the Administrator by the Director of the Office of Management and Budget under this subsection of this Order.

1-803. This subsection of this Order refers to payment of claims specified in subsections (a)(2) and (a)(3) of Section 111 of the Act. Money available in the Fund shall be allocated in amounts which the Director of the Office of Management and Budget allocates to the Administrator of the Environmental Protection Agency for payment of claims against the Fund. The Administrator of the Environmental Protection Agency is delegated, with respect to the amounts so allocated by the Director, all authority of the President under subsection (f) of Section 111 of the Act relating to designating Federal officials under the President's authority who may obligate money in the Fund for payment of claims. The claims referred to in this subsection of this Order are claims for necessary response costs as specified in subsection (a) (2) of Section 111 of the Act and for payment of claims for natural resources, other than the natural resource costs provided for under subsection (c) (i) and (c) (2) of Section 111. Any official so designated by the Administrator may obligate amounts only up to the amount allocated to the Administrator by the Director of the Office of Management and Budget under this subsection of this Order.

1-805. The Administrator of the Environmental Protection Agency, in consultation with the Attorney General, is delegated all authority of the President under the second sentence of Section 111 (f) of the Act.

1-806. The head of any Executive agency designated under the NCP as trustee, as specified in subsection (h) of Section 111 of the Act, is delegated all authority of the President under subsection (b) of Section 111 of the Act.

1-807. (a) Subject to the further delegations of subsection 1-807 (b) of this Order, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation and with Executive agencies designated in the NCP as trustees of natural resources as specified in subsection (h) of Section 111 of the Act, is delegated all authority of the President under subsection (g) of Section 111 of the Act.

(b) The head of any Executive agency that owns or bare-boat charters and operates a public vessel is delegated the responsibility of the President under subsection (g) of Section 111 of the Act relating to appropriate notification to potential injured parties as a result of releases from such public vessel. Such notification, to the extent practicable, shall be in accordance with the regulations issued under subsection (a) of this paragraph.

1-9. Claims Against the Fund.

1-901. The Administrator of the Environmental Protection Agency, in consultation with the Attorney General, is delegated all authority of the President under:

a. Subsections (b)(2)(A), (B), (c), and (D) of Section 112 of the Act.

b. Subsection (b) (3) of Section 112 of the Act.

1-902. The Administrator of the Environmental Protection Agency is delegated all authority of the President under subsections (b)(4)(A), (B), (c), (E), (F), (H), and (I), and subsection (c)(3) of Section 112 of the Act. In exercising the authority of subsection (b) (4) (c) of Section 112 relating to enforcement of subpoenas in the United States District Courts, the Administrator of the Environmental Protection Agency shall act through the Attorney General.

1-903. The Administrator of the Environmental Protection Agency, in consultation with Executive agencies designated in the NCP as trustees of natural resources as specified in subsection (h) of Section 111 of the Act, is delegated all authority of the President under subsection (b) (1) of Section 112 of the Act.

1-904. The head of the Executive agency having responsibility under the NCP is delegated all authority of the President to be exercised in accordance with the NCP under subsection (b)(4) (D) of Section 112 of the Act.

1-10. Studies.

1-1001. The Administrator of the Environmental Protection Agency, in consultation with the NRT, is delegated all authority of the President under subsection (a) (1) of Section 301 of the Act.

1-1002. The Secretary of the Treasury is delegated all authority of the President under subsection. (b) of Section 301 of the Act.

1-1003. The Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, and the head of any Executive agency designated under the NCP as a trustee, as specified in subsection (h) of Section 111 of the Act, is delegated, subject to the lines of jurisdiction specified in the NCP, all authority of the President under subsection (c) of Section 301 of the Act. Publication of all regulations under subsection (c) of Section 301 of the Act shall be coordinated with the NRT.

1-1004. The Attorney General, in consultation with the Administrator of the Environmental Protection Agency and the Council on Environmental Quality, shall conduct the study provided for in subsection (e) of Section 301 of the Act, seeking the assistance of the parties specified in that subsection.

1-11. Litigation.

Authority to represent the United States and the Fund, and the responsibility for the conduct and control of all litigation arising under the Act, shall be vested in the Attorney General. Nothing in this Executive Order shall be construed as delegating the President's authority to require the Attorney General to commence litigation.

1-12. Consultation.

1-1201. Authorities and functions delegated or assigned by this Order shall be exercised subject to consultation with the Secretaries of departments and the heads of agencies with operating or regulatory responsibilities which may be significantly affected.

1-1202. Any action which may affect the conduct of foreign relations of the United States shall be consistent with the NCP and be taken in consultation with the Secretary of State.

JIMMY CARTER

The White House,

January 19, 1981.

[Filed with the Office of the Federal Register, 4:36 p.m. January 28, 1981]