The White House
Office of the Press Secretary
For Immediate Release
March 15, 2013
Executive Order -- Amendments to Executive Order 12777
EXECUTIVE ORDER
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AMENDMENTS TO EXECUTIVE ORDER 12777
Section 1. Section 4 of Executive Order 12777 of October 18, 1991, as amended (Implementation of Section 311 of the Federal Water Pollution Control Act of October 18, 1972, as Amended, and the Oil Pollution Act of 1990) is further amended by striking section 4 in its entirety and inserting in lieu thereof the following:
"Sec. 4. Liability Limit Adjustment. (a)(1) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of the department in which the Coast Guard is operating, acting in consultation with the Administrator, the Secretary of Transportation, the Secretary of the Interior, and the Attorney General:
(A) the adjustment of the limits of liability listed in section 1004(a) of OPA for vessels, onshore facilities, and deepwater ports subject to the DPA, to reflect significant increases in the Consumer Price Index;
(B) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of marine transportation-related onshore facilities, and the adjustment of any such limits of liability established under section 1004(d)(1), and of any limits of liability established under section 1004(d)(2) with respect to deepwater ports subject to the DPA, to reflect significant increases in the Consumer Price Index; and
(C) the reporting to Congress on the desirability of adjusting limits of liability, with respect to vessels, marine transportation-related onshore facilities, and deepwater ports subject to the DPA.
(2) The Administrator and the Secretary of Transportation will provide necessary regulatory analysis support to ensure timely regulatory Consumer Price Index adjustments by the Secretary of the department in which the Coast Guard is operating of the limits of liability listed in section 1004(a) of OPA for onshore facilities under subparagraph (a)(1)(A) of this section.
(b) The following functions vested in the President by section 1004(d) of OPA are delegated to the Administrator, acting in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Transportation, the Secretary of the Interior, the Secretary of Energy, and the Attorney General:
(1) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of non-transportation-related onshore facilities, and the adjustment of any such limits of liability established under section 1004(d)(1) by the Administrator to reflect significant increases in the Consumer Price Index; and
(2) the reporting to Congress on the desirability of adjusting limits of liability with respect to non-transportation-related onshore facilities.
(c) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of Transportation, acting in consultation with the Secretary of the department in which the Coast Guard is operating, the Administrator, the Secretary of the Interior, and the Attorney General:
(1) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of non-marine transportation-related onshore facilities, and the adjustment of any such limits of liability established under section 1004(d)(1) by the Secretary of Transportation to reflect significant increases in the Consumer Price Index; and
(2) the reporting to Congress on the desirability of adjusting limits of liability, with respect to non-marine transportation-related onshore facilities.
(d) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of the Interior, acting in consultation with the Secretary of the department in which the Coast Guard is operating, the Administrator, the Secretary of Transportation, and the Attorney General:
(1) the adjustment of limits of liability to reflect significant increases in the Consumer Price Index with respect to offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA; and
(2) the reporting to Congress on the desirability of adjusting limits of liability with respect to offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA."
Sec. 2. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
BARACK OBAMA
Executive Order 12777, October 18, 1991, Implementation
of Section 311 of the Federal Water Pollution Control Act of October 18, 1972,
as Amended, and the Oil Pollution Act of 1990
By authority vested in
me as President by the Constitution and the laws of the United States of
America, including Section 311 of the Federal Water Pollution Control Act,
(``FWPCA'') (33 U.S.C. 1321), as amended by the Oil Pollution Act of 1990
(Public Law 101 - 380) (``OPA''), and by Section 301 of Title 3 of the United
States Code, it is hereby ordered as follows:
Sec. 1. National
Contingency Plan, Area Committees, and Area Contingency Plans. (a) Section 1 of
Executive Order No. 12580 of January 23, 1987, is amended to read as follows:
``Section 1. National
Contingency Plan. (a)(1) The National Contingency Plan (``the NCP''), shall
provide for a National Response Team (``the NRT'') composed of representatives
of appropriate Federal departments and agencies for national planning and
coordination of preparedness and response actions, and Regional Response Teams
as the regional counterparts to the NRT for planning and coordination of
regional preparedness and response actions.
``(2) The following
agencies (in addition to other appropriate agencies) shall provide
representatives to the National and Regional Response Teams to carry out their
responsibilities under the NCP: Department of State, Department of Defense,
Department of Justice, Department of the Interior, Department of Agriculture,
Department of Commerce, Department of Labor, Department of Health and Human
Services, Department of Transportation, Department of Energy, Environmental
Protection Agency, Federal Emergency Management Agency, United States Coast
Guard, and the Nuclear Regulatory Commission.
``(3) Except for periods
of activation because of response action, the representative of the
Environmental Protection Agency (``EPA'') shall be the chairman, and the
representative of the United States Coast Guard shall be the vice chairman, of
the NRT and these agencies' representatives shall be co-chairs of the Regional
Response Teams (``the RRTs''). When the NRT or an RRT is activated for a
response action, the EPA representative shall be the chairman when the release
or threatened release or discharge or threatened discharge occurs in the inland
zone, and the United States Coast Guard representative shall be the chairman
when the release or threatened release or discharge or threatened discharge
occurs in the coastal zone, unless otherwise agreed upon by the EPA and the United
States Coast Guard representatives (inland and coastal zones are defined in the
NCP).
``(4) The RRTs may
include representatives from State governments, local governments (as agreed
upon by the States), and Indian tribal governments. Subject to the functions
and authorities delegated to Executive departments and agencies in other
sections of this order, the NRT shall provide policy and program direction to
the RRTs.
``(b) (1) The
responsibility for the revision of the NCP and all the other functions vested
in the President by Sections 105 (a), (b), (c), and (g), 125, and 301(f) of the
Act, by Section 311(d)(1) of the Federal Water Pollution Control Act, and by
Section 4201(c) of the Oil Pollution Act of 1990 is delegated to the
Administrator of the Environmental Protection Agency (``the Administrator'').
``(2) The function
vested in the President by Section 118(p) of the Superfund Amendments and
Reauthorization Act of 1986 (Pub. L. 99 - 499) (``SARA'') is delegated to the
Administrator.
``(c) In accord with
Section 107(f)(2)(A) of the Act, Section 311(f)(5) of the Federal Water
Pollution Control Act, as amended (33 U.S.C. 1321(f)(5)), and Section 1006(b)
(1) and (2) of the Oil Pollution Act of 1990, the following shall be among
those designated in the NCP as Federal trustees for natural resources:
(1) Secretary of
Defense;
(2) Secretary of the
Interior;
(3) Secretary of
Agriculture;
(4) Secretary of
Commerce;
(5) Secretary of
Energy.
In the event of a
spill, the above named Federal trustees for natural resources shall designate
one trustee to act as Lead Administrative Trustee, the duties of which shall be
defined in the regulations promulgated pursuant to Section 1006(e)(1) of OPA.
If there are natural resource trustees other than those designated above which
are acting in the event of a spill, those other trustees may join with the
Federal trustees to name a Lead Administrative Trustee which shall exercise the
duties defined in the regulations promulgated pursuant to Section 1006(e)(1) of
OPA.
``(d) Revisions to the
NCP shall be made in consultation with members of the NRT prior to publication
for notice and comment.
``(e) All revisions to
the NCP, whether in proposed or final form, shall be subject to review and
approval by the Director of the Office of Management and Budget (``OMB'').''
``(b) The functions
vested in the President by Section 311(j)(4) of FWPCA, and Section 4202(b)(1)
of OPA, respecting the designation of Areas, the appointment of Area Committee
members, the requiring of information to be included in Area Contingency Plans,
and the review and approval of Area Contingency Plans are delegated to the
Administrator of the Environmental Protection Agency (``Administrator'') for
the inland zone and the Secretary of the Department in which the Coast Guard is
operating for the coastal zone (inland and coastal zones are defined in the
NCP).
Sec. 2. National
Response System. (a) The functions vested in the President by Section
311(j)(1)(A) of FWPCA, respecting the establishment of methods and procedures
for the removal of discharged oil and hazardous substances, and by Section
311(j)(1)(B) of FWPCA respecting the establishment of criteria for the
development and implementation of local and regional oil and hazardous
substance removal contingency plans, are delegated to the Administrator for the
inland zone and the Secretary of the Department in which the Coast Guard is
operating for the coastal zone.
(b)(1) The functions
vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the
establishment of procedures, methods, and equipment and other requirements for
equipment to prevent and to contain discharges of oil and hazardous substances
from non-transportation-related onshore facilities, are delegated to the
Administrator.
(2) The functions
vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the
establishment of procedures, methods, and equipment and other requirements for
equipment to prevent and to contain discharges of oil and hazardous substances
from vessels and transportation-related onshore facilities and deepwater ports
subject to the Deepwater Ports Act of 1974 (``DPA''), are delegated to the
Secretary of Transportation.
(3) The functions
vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the
establishment of procedures, methods, and equipment and other requirements for
equipment to prevent and to contain discharges of oil and hazardous substances
from offshore facilities, including associated pipelines, other than deepwater
ports subject to the DPA, are delegated to the Secretary of the Interior.
(c) The functions
vested in the President by Section 311(j)(1)(D) of FWPCA, respecting the
inspection of vessels carrying cargoes of oil and hazardous substances and the
inspection of such cargoes, are delegated to the Secretary of the Department in
which the Coast Guard is operating.
(d)(1) The functions
vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of
OPA, respecting the issuance of regulations requiring the owners or operators
of non-transportation-related onshore facilities to prepare and submit response
plans, the approval of means to ensure the availability of private personnel
and equipment, the review and approval of such response plans, and the
authorization of non-transportation-related onshore facilities to operate
without approved response plans, are delegated to the Administrator.
(2) The functions
vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of
OPA, respecting the issuance of regulations requiring the owners or operators
of tank vessels, transportation-related onshore facilities and deepwater ports
subject to the DPA, to prepare and submit response plans, the approval of means
to ensure the availability of private personnel and equipment, the review and
approval of such response plans, and the authorization of tank vessels,
transportation-related onshore facilities and deepwater ports subject to the
DPA to operate without approved response plans, are delegated to the Secretary
of Transportation.
(3) The functions
vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of
OPA, respecting the issuance of regulations requiring the owners or operators
of offshore facilities, including associated pipelines, other than deepwater
ports subject to the DPA, to prepare and submit response plans, the approval of
means to ensure the availability of private personnel and equipment, the review
and approval of such response plans, and the authorization of offshore facilities,
including associated pipelines, other than deepwater ports subject to the DPA,
to operate without approved response plans, are delegated to the Secretary of
the Interior.
(e)(1) The functions
vested in the President by Section 311(j)(6)(B) of FWPCA, respecting the
requirements for periodic inspections of containment booms and equipment used
to remove discharges at non-transportation-related onshore facilities, are
delegated to the Administrator.
(2) The functions
vested in the President by Section 311(j)(6)(A) of FWPCA, respecting the
requirements for periodic inspections of containment booms and equipment used
to remove discharges on vessels, and at transportation-related onshore
facilities and deepwater ports subject to the DPA, are delegated to the
Secretary of Transportation.
(3) The functions
vested in the President by Section 311(j)(6)(A) of FWPCA, respecting the
requirements for periodic inspections of containment booms and equipment used
to remove discharges at offshore facilities, including associated pipelines,
other than deepwater ports subject to the DPA, are delegated to the Secretary
of the Interior.
(f) The functions
vested in the President by Section 311(j)(6)(A) of FWPCA, respecting
requirements for vessels to carry appropriate removal equipment, are delegated
to the Secretary of the Department in which the Coast Guard is operating.
(g)(1) The functions
vested in the President by Section 311(j)(7) of FWPCA, respecting periodic
drills of removal capability under relevant response plans for onshore and
offshore facilities located in the inland zone, and the publishing of annual
reports on those drills, are delegated to the Administrator.
(2) The functions
vested in the President by Section 311(j)(7) of FWPCA, respecting periodic drills
of removal capability under relevant response plans for tank vessels, and for
onshore and offshore facilities located in the coastal zone, and the publishing
of annual reports on those drills, are delegated to the Secretary of the
Department in which the Coast Guard is operating.
(h) No provision of
Section 2 of this order, including, but not limited to, any delegation or
assignment of any function hereunder, shall in any way affect, or be construed
or interpreted to affect the authority of any Department or agency, or the head
of any Department or agency under any provision of law other than Section
311(j) of FWPCA or Section 4202(b)(4) of OPA.
(i) The functions
vested in the President by Section 311(j) of FWPCA or Section 4202(b)(4) of OPA
which have been delegated or assigned by Section 2 of this order may be
redelegated to the head of any Executive department or agency with his or her
consent.
Sec. 3. Removal. The
functions vested in the President by Section 311(c) of FWPCA and Section 1011
of OPA, respecting an effective and immediate removal or arrangement for
removal of a discharge and mitigation or prevention of a substantial threat of
a discharge of oil or a hazardous substance, the direction and monitoring of
all Federal, State and private actions, the removal and destruction of a
vessel, the issuance of directions, consulting with affected trustees, and
removal completion determinations, are delegated to the Administrator for the
inland zone and to the Secretary of the Department in which the Coast Guard is
operating for the coastal zone.
Sec. 4. Liability Limit
Adjustment. (a) The functions vested in the President by Section 1004(d) of
OPA, respecting the establishment of limits of liability, with respect to
classes or categories of non-transportation-related onshore facilities, the
reporting to Congress on the desirability of adjusting limits of liability with
respect to non-transportation-related onshore facilities, and the adjustment of
limits of liability to reflect significant increases in the Consumer Price
Index with respect to non-transportation-related onshore facilities, are
delegated to the Administrator, acting in consultation with the Secretary of
Transportation, the Secretary of Energy, and the Attorney General.
(b) The functions
vested in the President by Section 1004(d) of OPA, respecting the establishment
of limits of liability, with respect to classes or categories of
transportation-related onshore facilities, the reporting to Congress on the
desirability of adjusting limits of liability, with respect to vessels or
transportation-related onshore facilities and deepwater ports subject to the
DPA, and the adjustment of limits of liability to reflect significant increases
in the Consumer Price Index with respect to vessels or transportation-related
onshore facilities and deepwater ports subject to the DPA, are delegated to the
Secretary of Transportation.
(c) The functions
vested in the President by Section 1004(d) of OPA, respecting the reporting to
Congress on the desirability of adjusting limits of liability with respect to
offshore facilities, including associated pipelines, other than deepwater ports
subject to the DPA, and the adjustment of limits of liability to reflect
significant increases in the Consumer Price Index with respect to offshore
facilities, including associated pipelines, other than deepwater ports subject
to the DPA, are delegated to the Secretary of the Interior.
Sec. 5. Financial
Responsibility. (a)(1) The functions vested in the President by Section 1016(e)
of OPA, respecting (in the case of offshore facilities other than deepwater
ports) the issuance of regulations concerning financial responsibility, the
determination of acceptable methods of financial responsibility, and the
specification of necessary or unacceptable terms, conditions, or defenses, are
delegated to the Secretary of the Interior.
(2) The functions
vested in the President by Section 1016(e) of OPA, respecting (in the case of
deepwater ports) the issuance of regulations concerning financial
responsibility, the determination of acceptable methods of financial
responsibility, and the specification of necessary or unacceptable terms,
conditions, or defenses, are delegated to the Secretary of Transportation.
(b)(1) The functions
vested in the President by Section 4303 of OPA, respecting (in cases involving
vessels) the assessment of civil penalties, the compromising, modification or
remission, with or without condition, and the referral for collection of such
imposed penalties, and requests to the Attorney General to secure necessary
judicial relief, are delegated to the Secretary of the Department in which the
Coast Guard is operating.
(2) The functions
vested in the President by Section 4303 of OPA, respecting (in cases involving
offshore facilities other than deepwater ports) the assessment of civil
penalties, the compromising, modification or remission, with or without
condition, and the referral for collection of such imposed penalties, and
requests to the Attorney General to secure necessary judicial relief, are
delegated to the Secretary of the Interior.
(3) The functions
vested in the President by Section 4303 of OPA, respecting (in cases involving
deepwater ports) the assessment of civil penalties, the compromising,
modification or remission, with or without condition, and the referral for
collection of such imposed penalties, and requests to the Attorney General to
secure necessary judicial relief, are delegated to the Secretary of
Transportation.
Sec. 6. Enforcement.
(a) The functions vested in the President by Section 311(m)(1) of FWPCA,
respecting the enforcement of Section 311 with respect to vessels, are
delegated to the Secretary of the Department in which the Coast Guard is
operating.
(b) The functions
vested in the President by Section 311(e) of FWPCA, respecting determinations
of imminent and substantial threat, requesting the Attorney General to secure
judicial relief, and other action including issuing administrative orders, are
delegated to the Administrator for the inland zone and to the Secretary of the
Department in which the Coast Guard is operating for the coastal zone.
Sec. 7. Management of
the Oil Spill Liability Trust Fund and Claims. (a)(1)(A) The functions vested
in the President by Section 1012(a)(1), (3), and (4) of OPA respecting payment
of removal costs and claims and determining consistency with the National
Contingency Plan (NCP) are delegated to the Secretary of the Department in
which the Coast Guard is operating.
(B) The functions
vested in the President by Section 6002(b) of the OPA respecting making
amounts, not to exceed $50,000,000 and subject to normal budget controls, in
any fiscal year, available from the Fund (i) to carry out Section 311(c) of
FWPCA, and (ii) to initiate the assessment of natural resources damages
required under Section 1006 of OPA are delegated to the Secretary of the
Department in which the Coast Guard is operating. Such Secretary shall make
amounts available from the Fund to initiate the assessment of natural resources
damages exclusively to the Federal trustees designated in the NCP. Such Federal
trustees shall allocate such amounts among all trustees required to assess
natural resources damages under Section 1006 of OPA.
(2) The functions
vested in the President by Section 1012(a)(2) of OPA, respecting the payment of
costs and determining consistency with the NCP, are delegated to the Federal
trustees designated in the NCP.
(3) The functions
vested in the President by Section 1012(a)(5) of OPA, respecting the payment of
costs and expenses of departments and agencies having responsibility for the
implementation, administration, and enforcement of the Oil Pollution Act of
1990 and subsections (b), (c), (d), (j) and (l) of Section 311 of FWPCA, are
delegated to each head of such department and agency.
(b) The functions
vested in the President by Section 1012(c) of OPA, respecting designation of
Federal officials who may obligate money, are delegated to each head of the
departments and agencies to whom functions have been delegated under section
7(a) of this order for the purpose of carrying out such functions.
(c)(1) The functions
vested in the President by Section 1012 (d) and (e) of OPA, respecting the
obligation of the Trust Fund on the request of a Governor or pursuant to an
agreement with a State, entrance into agreements with States, agreement upon
terms and conditions, and the promulgation of regulations concerning such
obligation and entrance into such agreement, are delegated to the Secretary of
the Department in which the Coast Guard is operating, in consultation with the
Administrator.
(2)The functions vested
in the President by Section 1013(e) of OPA, respecting the promulgation and
amendment of regulations for the presentation, filing, processing, settlement,
and adjudication of claims under OPA against the Trust Fund, are delegated to
the Secretary of the Department in which the Coast Guard is operating, in
consultation with the Attorney General.
(3) The functions
vested in the President by Section 1012(a) of OPA, respecting the payment of
costs, damages, and claims, delegated herein to the Secretary of the Department
in which the Coast Guard is operating, include, inter alia, the authority to
process, settle, and administratively adjudicate such costs, damages, and claims,
regardless of amount.
(d)(1) The Coast Guard
is designated the ``appropriate agency'' for the purpose of receiving the
notice of discharge of oil or hazardous substances required by Section
311(b)(5) of FWPCA, and the Secretary of the Department in which the Coast
Guard is operating is authorized to issue regulations implementing this
designation.
(2) The functions
vested in the President by Section 1014 of OPA, respecting designation of
sources of discharges or threats, notification to responsible parties,
promulgation of regulations respecting advertisements, the advertisement of
designation, and notification of claims procedures, are delegated to the
Secretary of the Department in which the Coast Guard is operating.
Sec. 8. Miscellaneous.
(a) The functions vested in the President by Section 311(b) (3) and (4) of
FWPCA, as amended by the Oil Pollution Act of 1990, respecting the
determination of quantities of oil and any hazardous substances the discharge
of which may be harmful to the public health or welfare or the environment and
the determinations of quantities, time, locations, circumstances, or
conditions, which are not harmful, are delegated to the Administrator.
(b) The functions
vested in the President by Section 311(d)(2)(G) of FWPCA, respecting schedules
of dispersant, chemical, and other spill mitigating devices or substances, are
delegated to the Administrator.
(c) The functions
vested in the President by Section 1006(b) (3) and (4) of OPA respecting the
receipt of designations of State and Indian tribe trustees for natural
resources are delegated to the Administrator.
(d) The function vested
in the President by Section 3004 of OPA, with respect to encouraging the
development of an international inventory of equipment and personnel, is
delegated to the Secretary of the Department in which the Coast Guard is
operating, in consultation with the Secretary of State.
(e) The functions
vested in the President by Section 4113 of OPA, respecting a study on the use
of liners or other secondary means of containment for onshore facilities, and
the implementation of the recommendations of the study, are delegated to the
Administrator.
(f) The function vested
in the President by Section 5002(c)(2)(D) of OPA, respecting the designating of
an employee of the Federal Government who shall represent the Federal
Government on the Oil Terminal Facilities and Oil Tanker Operations
Associations, is delegated to the Secretary of Transportation.
(g) The functions
vested in the President by Section 5002(o) of OPA, respecting the annual
certification of alternative voluntary advisory groups, are delegated to the
Secretary of Transportation.
(h) The function vested
in the President by Section 7001(a)(3) of OPA, respecting the appointment of
Federal agencies to membership on the Interagency Coordinating Committee on Oil
Pollution Research, is delegated to the Secretary of Transportation.
(i) Executive Order No.
11735 of August 3, 1973, Executive Order No. 12123 of February 26, 1979,
Executive Order No. 12418 of May 5, 1983 and the memorandum of August 24, 1990,
delegating certain authorities of the President under the Oil Pollution Act of
1990 are revoked.
Sec. 9. Consultation.
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 statutory responsibilities which may be significantly
affected, including, but not limited to, the Department of Justice.
Sec. 10. Litigation.
(a) Notwithstanding any other provision of this order, any representation
pursuant to or under this order in any judicial proceedings shall be by or
through the Attorney General. The conduct and control of all litigation arising
under the Oil Pollution Act of 1990 shall be the responsibility of the Attorney
General.
(b) Notwithstanding any
other provision of this order, the authority under the Oil Pollution Act of
1990 to require the Attorney General to commence litigation is retained by the
President.
(c) Notwithstanding any
other provision of this order, the Secretaries of the Departments of
Transportation, Commerce, Interior, Agriculture, and/or the Administrator of
the Environmental Protection Agency may request that the Attorney General
commence litigation under the Oil Pollution Act of 1990.
(d) The Attorney
General, in his discretion, is authorized to require that, with respect to a
particular oil spill, an agency refrain from taking administrative enforcement
action without first consulting with the Attorney General.
George Bush
THE WHITE HOUSE
October 18, 1991.
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