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(continued)
claim.
(5) Actions to recover indemnification payments
Notwithstanding any other provision of this subsection, where a
payment pursuant to an indemnification agreement with a response
action contractor is made under section 9619 of this title, an
action under section 9607 of this title for recovery of such
indemnification payment from a potentially responsible party may
be brought at any time before the expiration of 3 years from the
date on which such payment is made.
(6) Minors and incompetents
The time limitations contained herein shall not begin to run -
(A) against a minor until the earlier of the date when such
minor reaches 18 years of age or the date on which a legal
representative is duly appointed for such minor, or
(B) against an incompetent person until the earlier of the
date on which such incompetent's incompetency ends or the date
on which a legal representative is duly appointed for such
incompetent.
(h) Timing of review
No Federal court shall have jurisdiction under Federal law other
than under section 1332 of title 28 (relating to diversity of
citizenship jurisdiction) or under State law which is applicable or
relevant and appropriate under section 9621 of this title (relating
to cleanup standards) to review any challenges to removal or
remedial action selected under section 9604 of this title, or to
review any order issued under section 9606(a) of this title, in any
action except one of the following:
(1) An action under section 9607 of this title to recover
response costs or damages or for contribution.
(2) An action to enforce an order issued under section 9606(a)
of this title or to recover a penalty for violation of such
order.
(3) An action for reimbursement under section 9606(b)(2) of
this title.
(4) An action under section 9659 of this title (relating to
citizens suits) alleging that the removal or remedial action
taken under section 9604 of this title or secured under section
9606 of this title was in violation of any requirement of this
chapter. Such an action may not be brought with regard to a
removal where a remedial action is to be undertaken at the site.
(5) An action under section 9606 of this title in which the
United States has moved to compel a remedial action.
(i) Intervention
In any action commenced under this chapter or under the Solid
Waste Disposal Act [42 U.S.C. 6901 et seq.] in a court of the
United States, any person may intervene as a matter of right when
such person claims an interest relating to the subject of the
action and is so situated that the disposition of the action may,
as a practical matter, impair or impede the person's ability to
protect that interest, unless the President or the State shows that
the person's interest is adequately represented by existing
parties.
(j) Judicial review
(1) Limitation
In any judicial action under this chapter, judicial review of
any issues concerning the adequacy of any response action taken
or ordered by the President shall be limited to the
administrative record. Otherwise applicable principles of
administrative law shall govern whether any supplemental
materials may be considered by the court.
(2) Standard
In considering objections raised in any judicial action under
this chapter, the court shall uphold the President's decision in
selecting the response action unless the objecting party can
demonstrate, on the administrative record, that the decision was
arbitrary and capricious or otherwise not in accordance with law.
(3) Remedy
If the court finds that the selection of the response action
was arbitrary and capricious or otherwise not in accordance with
law, the court shall award (A) only the response costs or damages
that are not inconsistent with the national contingency plan, and
(B) such other relief as is consistent with the National
Contingency Plan.
(4) Procedural errors
In reviewing alleged procedural errors, the court may disallow
costs or damages only if the errors were so serious and related
to matters of such central relevance to the action that the
action would have been significantly changed had such errors not
been made.
(k) Administrative record and participation procedures
(1) Administrative record
The President shall establish an administrative record upon
which the President shall base the selection of a response
action. The administrative record shall be available to the
public at or near the facility at issue. The President also may
place duplicates of the administrative record at any other
location.
(2) Participation procedures
(A) Removal action
The President shall promulgate regulations in accordance with
chapter 5 of title 5 establishing procedures for the
appropriate participation of interested persons in the
development of the administrative record on which the President
will base the selection of removal actions and on which
judicial review of removal actions will be based.
(B) Remedial action
The President shall provide for the participation of
interested persons, including potentially responsible parties,
in the development of the administrative record on which the
President will base the selection of remedial actions and on
which judicial review of remedial actions will be based. The
procedures developed under this subparagraph shall include, at
a minimum, each of the following:
(i) Notice to potentially affected persons and the public,
which shall be accompanied by a brief analysis of the plan
and alternative plans that were considered.
(ii) A reasonable opportunity to comment and provide
information regarding the plan.
(iii) An opportunity for a public meeting in the affected
area, in accordance with section 9617(a)(2) of this title
(relating to public participation).
(iv) A response to each of the significant comments,
criticisms, and new data submitted in written or oral
presentations.
(v) A statement of the basis and purpose of the selected
action.

For purposes of this subparagraph, the administrative record
shall include all items developed and received under this
subparagraph and all items described in the second sentence of
section 9617(d) of this title. The President shall promulgate
regulations in accordance with chapter 5 of title 5 to carry
out the requirements of this subparagraph.
(C) Interim record
Until such regulations under subparagraphs (A) and (B) are
promulgated, the administrative record shall consist of all
items developed and received pursuant to current procedures for
selection of the response action, including procedures for the
participation of interested parties and the public. The
development of an administrative record and the selection of
response action under this chapter shall not include an
adjudicatory hearing.
(D) Potentially responsible parties
The President shall make reasonable efforts to identify and
notify potentially responsible parties as early as possible
before selection of a response action. Nothing in this
paragraph shall be construed to be a defense to liability.
(l) Notice of actions
Whenever any action is brought under this chapter in a court of
the United States by a plaintiff other than the United States, the
plaintiff shall provide a copy of the complaint to the Attorney
General of the United States and to the Administrator of the
Environmental Protection Agency.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 113, Dec. 11, 1980, 94 Stat. 2795;
Pub. L. 99-499, title I, Sec. 113, Oct. 17, 1986, 100 Stat. 1647;
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
REFERENCES IN TEXT
Subchapter II of this chapter, referred to in subsec. (c), was in
the original "title II of this Act", meaning title II of Pub. L.
96-510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous
Substance Response Revenue Act of 1980, which enacted subchapter II
of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682
of Title 26, Internal Revenue Code. Sections 221 to 223 and 232 of
Pub. L. 96-510, which were classified to sections 9631 to 9633 and
9641 of this title, comprising subchapter II of this chapter, were
repealed by Pub. L. 99-499, title V, Secs. 514(b), 517(c)(1), Oct.
17, 1986, 100 Stat. 1767, 1774. For complete classification of
title II to the Code, see Short Title of 1980 Amendment note set
out under section 1 of Title 26 and Tables.
The Federal Rules of Civil Procedure, referred to in subsec.
(f)(1), are set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
The Solid Waste Disposal Act, referred to in subsec. (i), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,
which is classified generally to chapter 82 (Sec. 6901 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 6901 of this title and
Tables.


-MISC1-
AMENDMENTS
1986 - Subsec. (b). Pub. L. 99-499, Sec. 113(c)(1), substituted
"subsections (a) and (h)" for "subsection (a)".
Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue Code of
1986" for "Internal Revenue Code of 1954", which for purposes of
codification was translated as "title 26" thus requiring no change
in text.
Subsecs. (e) to (l). Pub. L. 99-499, Sec. 113(a), (b), (c)(2),
added subsecs. (e) to (l).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9607, 9659 of this title.

-FOOTNOTE-
)1(! See References in Text note below.


-End-



-CITE-
42 USC Sec. 9614 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION

-HEAD-
Sec. 9614. Relationship to other law

-STATUTE-
(a) Additional State liability or requirements with respect to
release of substances within State
Nothing in this chapter shall be construed or interpreted as
preempting any State from imposing any additional liability or
requirements with respect to the release of hazardous substances
within such State.
(b) Recovery under other State or Federal law of compensation for
removal costs or damages, or payment of claims
Any person who receives compensation for removal costs or damages
or claims pursuant to this chapter shall be precluded from
recovering compensation for the same removal costs or damages or
claims pursuant to any other State or Federal law. Any person who
receives compensation for removal costs or damages or claims
pursuant to any other Federal or State law shall be precluded from
receiving compensation for the same removal costs or damages or
claims as provided in this chapter.
(c) Recycled oil
(1) Service station dealers, etc.
No person (including the United States or any State) may
recover, under the authority of subsection (a)(3) or (a)(4) of
section 9607 of this title, from a service station dealer for any
response costs or damages resulting from a release or threatened
release of recycled oil, or use the authority of section 9606 of
this title against a service station dealer other than a person
described in subsection (a)(1) or (a)(2) of section 9607 of this
title, if such recycled oil -
(A) is not mixed with any other hazardous substance, and
(B) is stored, treated, transported, or otherwise managed in
compliance with regulations or standards promulgated pursuant
to section 3014 of the Solid Waste Disposal Act [42 U.S.C.
6935] and other applicable authorities.

Nothing in this paragraph shall affect or modify in any way the
obligations or liability of any person under any other provision
of State or Federal law, including common law, for damages,
injury, or loss resulting from a release or threatened release of
any hazardous substance or for removal or remedial action or the
costs of removal or remedial action.
(2) Presumption
Solely for the purposes of this subsection, a service station
dealer may presume that a small quantity of used oil is not mixed
with other hazardous substances if it -
(A) has been removed from the engine of a light duty motor
vehicle or household appliances by the owner of such vehicle or
appliances, and
(B) is presented, by such owner, to the dealer for
collection, accumulation, and delivery to an oil recycling
facility.
(3) Definition
For purposes of this subsection, the terms "used oil" and
"recycled oil" have the same meanings as set forth in sections
1004(36) and 1004(37) of the Solid Waste Disposal Act [42 U.S.C.
6903(36), (37)] and regulations promulgated pursuant to that Act
[42 U.S.C. 6901 et seq.].
(4) Effective date
The effective date of paragraphs (1) and (2) of this subsection
shall be the effective date of regulations or standards
promulgated under section 3014 of the Solid Waste Disposal Act
[42 U.S.C. 6935] that include, among other provisions, a
requirement to conduct corrective action to respond to any
releases of recycled oil under subtitle C or subtitle I of such
Act [42 U.S.C. 6921 et seq., 6991 et seq.].
(d) Financial responsibility of owner or operator of vessel or
facility under State or local law, rule, or regulation
Except as provided in this subchapter, no owner or operator of a
vessel or facility who establishes and maintains evidence of
financial responsibility in accordance with this subchapter shall
be required under any State or local law, rule, or regulation to
establish or maintain any other evidence of financial
responsibility in connection with liability for the release of a
hazardous substance from such vessel or facility. Evidence of
compliance with the financial responsibility requirements of this
subchapter shall be accepted by a State in lieu of any other
requirement of financial responsibility imposed by such State in
connection with liability for the release of a hazardous substance
from such vessel or facility.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 114, Dec. 11, 1980, 94 Stat. 2795;
Pub. L. 99-499, title I, Sec. 114(a), Oct. 17, 1986, 100 Stat.
1652.)

-REFTEXT-
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec. (c)(3), (4),
is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as
amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90
Stat. 2795, which is classified generally to chapter 82 (Sec. 6901
et seq.) of this title. Subtitles C and I of the Solid Waste
Disposal Act are classified generally to subchapters III (Sec. 6921
et seq.) and IX (Sec. 6991 et seq.), respectively, of chapter 82 of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 6901 of this title and
Tables.


-MISC1-
AMENDMENTS
1986 - Subsec. (c). Pub. L. 99-499 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: "Except as
provided in this chapter, no person may be required to contribute
to any fund, the purpose of which is to pay compensation for claims
for any costs of response or damages or claims which may be
compensated under this subchapter. Nothing in this section shall
preclude any State from using general revenues for such a fund, or
from imposing a tax or fee upon any person or upon any substance in
order to finance the purchase or prepositioning of hazardous
substance response equipment or other preparations for the response
to a release of hazardous substances which affects such State."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9601, 9607 of this title.

-End-



-CITE-
42 USC Sec. 9615 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION

-HEAD-
Sec. 9615. Presidential delegation and assignment of duties or
powers and promulgation of regulations

-STATUTE-
The President is authorized to delegate and assign any duties or
powers imposed upon or assigned to him and to promulgate any
regulations necessary to carry out the provisions of this
subchapter.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 115, Dec. 11, 1980, 94 Stat. 2796.)


-EXEC-
EX. ORD. NO. 12580. SUPERFUND IMPLEMENTATION
Ex. Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2923, as amended by
Ex. Ord. No. 12777, Sec. 1(a), Oct. 18, 1991, 56 F.R. 54757; Ex.
Ord. No. 13016, Aug. 28, 1996, 61 F.R. 45871; Ex. Ord. No. 13286,
Sec. 43, Feb. 28, 2003, 68 F.R. 10627; Ex. Ord. No. 13308, June 20,
2003, 68 F.R. 37691, provided:
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, as amended (42
U.S.C. 9615 et seq.) ("the Act"), and by Section 301 of Title 3 of
the United States Code, it is hereby ordered 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, Department of Homeland Security, Environmental Protection
Agency,, [sic] 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), (g) and (h), 125, and 301(f) of the Act [42 U.S.C. 9605(a),
(b), (c), (g), (h), 9625, 9651(f)], by Section 311(d)(1) of the
Federal Water Pollution Control Act [33 U.S.C. 1321(d)(1)], and by
Section 4201(c) of the Oil Pollution Act of 1990 [Pub. L. 101-380,
33 U.S.C. 1321 note] 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") [100 Stat. 1662] is delegated to the
Administrator.
(c) In accord with Section 107(f)(2)(A) of the Act [42 U.S.C.
9607(f)(2)(A)], 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 [33 U.S.C.
2706(b)(1), (2)], 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").
Sec. 2. Response and Related Authorities. (a) The functions
vested in the President by the first sentence of Section 104(b)(1)
of the Act [42 U.S.C. 9604(b)(1)] relating to "illness, disease, or
complaints thereof" are delegated to the Secretary of Health and
Human Services who shall, in accord with Section 104(i) of the Act,
perform those functions through the Public Health Service.
(b) The functions vested in the President by Sections
104(e)(7)(C), 113(k)(2), 119(c)(7), and 121(f)(1) of the Act [42
U.S.C. 9604(e)(7)(C), 9613(k)(2), 9619(c)(7), 9621(f)(1)], relating
to promulgation of regulations and guidelines, are delegated to the
Administrator, to be exercised in consultation with the NRT.
(c)(1) The functions vested in the President by Sections 104(a)
and the second sentence of 126(b) of the Act [42 U.S.C. 9604(a),
9626(b)], to the extent they require permanent relocation of
residents, businesses, and community facilities or temporary
evacuation and housing of threatened individuals not otherwise
provided for, are delegated to the Director of the Federal
Emergency Management Agency.
(2) Subject to subsection (b) of this Section, the functions
vested in the President by Sections 117(a) and (c), and 119 of the
Act [42 U.S.C. 9617(a), (c), 9619], to the extent such authority is
needed to carry out the functions delegated under paragraph (1) of
this subsection, are delegated to the Director of the Federal
Emergency Management Agency.
(d) Subject to subsections (a), (b) and (c) of this Section, the
functions vested in the President by Sections 104(a), (b) and
(c)(4), 113(k), 117(a) and (c), 119, and 121 of the Act [42 U.S.C.
9604(a), (b), (c)(4), 9613(k), 9617(a), (c), 9619, 9621] are
delegated to the Secretaries of Defense and Energy, with respect to
releases or threatened releases where either the release is on or
the sole source of the release is from any facility or vessel under
the jurisdiction, custody or control of their departments,
respectively, including vessels bare-boat chartered and operated.
These functions must be exercised consistent with the requirements
of Section 120 of the Act [42 U.S.C. 9620].
(e)(1) Subject to subsections (a), (b), (c), and (d) of this
Section, the functions vested in the President by Sections 104(a),
(b), and (c)(4), and 121 of the Act [42 U.S.C. 9604(a), (b),
(c)(4), 9621] are delegated to the heads of Executive departments
and agencies, with respect to remedial actions for releases or
threatened releases which are not on the National Priorities List
("the NPL") and removal actions other than emergencies, where
either the release is on or the sole source of the release is from
any facility or vessel under the jurisdiction, custody or control
of those departments and agencies, including vessels bare-boat
chartered and operated. The Administrator shall define the term
"emergency", solely for the purposes of this subsection, either by
regulation or by a memorandum of understanding with the head of an
Executive department or agency.
(2) Subject to subsections (b), (c), and (d) of this Section, the
functions vested in the President by Sections 104(b)(2), 113(k),
117(a) and (c), and 119 of the Act [42 U.S.C. 9604(b)(2), 9613(k),
9617(a), (c), 9619] are delegated to the heads of Executive
departments and agencies, with respect to releases or threatened
releases where either the release is on or the sole source of the
release is from any facility or vessel under the jurisdiction,
custody or control of those departments and agencies, including
vessels bare-boat chartered and operated.
(f) Subject to subsections (a), (b), (c), (d), and (e) of this
Section, the functions vested in the President by Sections 104(a),
(b) and (c)(4), 113(k), 117(a) and (c), 119, and 121 of the Act [42
U.S.C. 9604(a), (b), (c)(4), 9613(k), 9617(a), (c), 9619, 9621] are
delegated to the Secretary of the Department in which the Coast
Guard is operating ("the Coast Guard"), with respect to any release
or threatened release involving the coastal zone, Great Lakes
waters, ports, and harbors.
(g) Subject to subsections (a), (b), (c), (d), (e), and (f) of
this Section, the functions vested in the President by Sections
101(24), 104(a), (b), (c)(4) and (c)(9), 113(k), 117(a) and (c),
119, 121, and 126(b) of the Act [42 U.S.C. 9601(24), 9604(a), (b),
(c)(4), (9), 9613(k), 9617(a), (c), 9619, 9621, 9626(b)] are
delegated to the Administrator. The Administrator's authority under
Section 119 of the Act is retroactive to the date of enactment of
SARA [Oct. 17, 1986].
(h) The functions vested in the President by Section 104(c)(3) of
the Act [42 U.S.C. 9604(c)(3)] are delegated to the Administrator,
with respect to providing assurances for Indian tribes, to be
exercised in consultation with the Secretary of the Interior.
(i) Subject to subsections (d), (e), (f), (g) and (h) of this
Section, the functions vested in the President by Section 104(c)
and (d) of the Act are delegated to the Coast Guard, the Secretary
of Health and Human Services, the Director of the Federal Emergency
Management Agency, and the Administrator in order to carry out the
functions delegated to them by this Section.
(j)(1) The functions vested in the President by Section
104(e)(5)(A) are delegated to the heads of Executive departments
and agencies, with respect to releases or threatened releases where
either the release is on or the sole source of the release is from
any facility or vessel under the jurisdiction, custody or control
of those departments and agencies, to be exercised with the
concurrence of the Attorney General.
(2) Subject to subsection (b) of this Section and paragraph (1)
of this subsection, the functions vested in the President by
Section 104(e) are delegated to the heads of Executive departments
and agencies in order to carry out their functions under this Order
or the Act.
(k) The functions vested in the President by Section 104(f), (g),
(h), (i)(11), and (j) of the Act are delegated to the heads of
Executive departments and agencies in order to carry out the
functions delegated to them by this Section. The exercise of
authority under Section 104(h) of the Act shall be subject to the
approval of the Administrator of the Office of Federal Procurement
Policy.
Sec. 3. Cleanup Schedules. (a) The functions vested in the
President by Sections 116(a) and the first two sentences of 105(d)
of the Act [42 U.S.C. 9616(a), 9605(d)] are delegated to the heads
of Executive departments and agencies with respect to facilities
under the jurisdiction, custody or control of those departments and
agencies.
(b) Subject to subsection (a) of this Section, the functions
vested in the President by Sections 116 and 105(d) are delegated to
the Administrator.
Sec. 4. Enforcement. (a) The functions vested in the President by
Sections 109(d) and 122(e)(3)(A) of the Act [42 U.S.C. 9609(d),
9622(e)(3)(A)], relating to development of regulations and
guidelines, are delegated to the Administrator, to be exercised in
consultation with the Attorney General.
(b)(1) Subject to subsection (a) of this Section, the functions
vested in the President by Section 122 [42 U.S.C. 9622] (except
subsection (b)(1)) are delegated to the heads of Executive
departments and agencies, with respect to releases or threatened
releases not on the NPL where either the release is on or the sole
source of the release is from any facility under the jurisdiction,
custody or control of those Executive departments and agencies.
These functions may be exercised only with the concurrence of the
Attorney General.
(2) Subject to subsection (a) of this Section, the functions
vested in the President by Section 109 of the Act [42 U.S.C. 9609],
relating to violations of Section 122 of the Act, are delegated to
the heads of Executive departments and agencies, with respect to
releases or threatened releases not on the NPL where either the
release is on or the sole source of the release is from any
facility under the jurisdiction, custody or control of those
Executive departments and agencies. These functions may be
exercised only with the concurrence of the Attorney General.
(c)(1) Subject to subsection[s] (a) and (b)(1) of this Section,
the functions vested in the President by Sections 106(a) and 122 of
the Act [42 U.S.C. 9606(a), 9622] are delegated to the Coast Guard
with respect to any release or threatened release involving the
coastal zone, Great Lakes waters, ports, and harbors.
(2) Subject to subsection[s] (a) and (b)(2) of this Section, the
functions vested in the President by Section 109 of the Act [42
U.S.C. 9609], relating to violations of Sections 103(a) and (b),
and 122 of the Act [42 U.S.C. 9603(a), (b), 9622], are delegated to
the Coast Guard with respect to any release or threatened release
involving the coastal zone, Great Lakes waters, ports, and harbors.
(3) Subject to subsections (a) and (b)(1) of this section, the
functions vested in the President by sections 106(a) [42 U.S.C.
9606(a)] and 122 [42 U.S.C. 9622] (except subsection (b)(1)) of the
Act are delegated to the Secretary of the Interior, the Secretary
of Commerce, the Secretary of Agriculture, the Secretary of
Defense, and the Secretary of Energy, to be exercised only with the
concurrence of the Coast Guard, with respect to any release or
threatened release in the coastal zone, Great Lakes waters, ports,
and harbors, affecting (1) natural resources under their
trusteeship, or (2) a vessel or facility subject to their custody,
jurisdiction, or control. Such authority shall not be exercised at
any vessel or facility at which the Coast Guard is the lead Federal
agency for the conduct or oversight of a response action. Such
authority shall not be construed to authorize or permit use of the
Hazardous Substance Superfund to implement section 106 or to fund
performance of any response action in lieu of the payment by a
person who receives but does not comply with an order pursuant to
section 106(a), where such order has been issued by the Secretary
of the Interior, the Secretary of Commerce, the Secretary of
Agriculture, the Secretary of Defense, or the Secretary of Energy.
This subsection shall not be construed to limit any authority
delegated by any other section of this order. Authority granted
under this subsection shall be exercised in a manner to ensure
interagency coordination that enhances efficiency and
effectiveness.
(d)(1) Subject to subsections (a), (b)(1), and (c)(1) of this
Section, the functions vested in the President by Sections 106 and
122 of the Act [42 U.S.C. 9606, 9622] are delegated to the
Administrator.
(2) Subject to subsections (a), (b)(2), and (c)(2) of this
Section, the functions vested in the President by Section 109 of
the Act [42 U.S.C. 9609], relating to violations of Sections 103
and 122 of the Act [42 U.S.C. 9603, 9622], are delegated to the
Administrator.
(3) Subject to subsections (a), (b)(1), and (c)(1) of this
section, the functions vested in the President by sections 106(a)
[42 U.S.C. 9606(a)] and 122 [42 U.S.C. 9622] (except subsection
(b)(1)) of the Act are delegated to the Secretary of the Interior,
the Secretary of Commerce, the Secretary of Agriculture, the
Secretary of Defense, and the Department of Energy, to be exercised
only with the concurrence of the Administrator, with respect to any
release or threatened release affecting (1) natural resources under
their trusteeship, or (2) a vessel or facility subject to their
custody, jurisdiction, or control. Such authority shall not be
exercised at any vessel or facility at which the Administrator is
the lead Federal official for the conduct or oversight of a
response action. Such authority shall not be construed to authorize
or permit use of the Hazardous Substance Superfund to implement
section 106 or to fund performance of any response action in lieu
of the payment by a person who receives but does not comply with an
order pursuant to section 106(a), where such order has been issued
by the Secretary of the Interior, the Secretary of Commerce, the
Secretary of Agriculture, the Secretary of Defense, or the
Secretary of Energy. This subsection shall not be construed to
limit any authority delegated by any other section of this order.
Authority granted under this subsection shall be exercised in a
manner to ensure interagency coordination that enhances efficiency
and effectiveness.
(e) Notwithstanding any other provision of this Order, the
authority under Sections 104(e)(5)(A) and 106(a) of the Act [42
U.S.C. 9604(e)(5)(A), 9606(a)] to seek information, entry,
inspection, samples, or response actions from Executive departments
and agencies may be exercised only with the concurrence of the
Attorney General.
Sec. 5. Liability. (a) The function vested in the President by
Section 107(c)(1)(C) of the Act [42 U.S.C. 9607(c)(1)(C)] is
delegated to the Secretary of Transportation.
(b) The functions vested in the President by Section 107(c)(3) of
the Act are delegated to the Coast Guard with respect to any
release or threatened release involving the coastal zone, Great
Lakes waters, ports and harbors.
(c) Subject to subsection (b) of this Section, the functions
vested in the President by Section 107(c)(3) of the Act are
delegated to the Administrator.
(d) The functions vested in the President by Section 107(f)(1) of
the Act are delegated to each of the Federal trustees for natural
resources designated in the NCP for resources under their
trusteeship.
(e) The functions vested in the President by Section 107(f)(2)(B)
of the Act, to receive notification of the state natural resource
trustee designations, are delegated to the Administrator.
(f) The functions vested in the President by Section 107(o) and
(p) of the Act are delegated to the heads of the Executive
departments and agencies, to be exercised in consultation with the
Administrator, with respect to releases or threatened releases
where either the release is on or the sole source of the release is
from any facility under the jurisdiction, custody, or control of
those departments and agencies.
(g) Subject to subsection (f) of this Section, the functions
vested in the President by Section 107(o) and (p) of the Act are
delegated to the Administrator except that, with respect to
determinations regarding natural resource restoration, the
Administrator shall make such determinations in consultation with
the appropriate Federal natural resource trustee.
Sec. 6. 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 Act shall be the responsibility of the Attorney General.
(b) Notwithstanding any other provision of this Order, the
authority under the Act to require the Attorney General to commence
litigation is retained by the President.
(c) The functions vested in the President by Section 113(g) of
the Act [42 U.S.C. 9613(g)], to receive notification of a natural
resource trustee's intent to file suit, are delegated to the heads
of Executive departments and agencies with respect to response
actions for which they have been delegated authority under Section
2 of this Order. The Administrator shall promulgate procedural
regulations for providing such notification.
(d) The functions vested in the President by Sections [sic]
310(d) and (e) of the Act [42 U.S.C. 9659(d), (e)], relating to
promulgation of regulations, are delegated to the Administrator.
Sec. 7. Financial Responsibility. (a) The functions vested in the
President by Section 107(k)(4)(B) of the Act [42 U.S.C.
9607(k)(4)(B)] are delegated to the Secretary of the Treasury. The
Administrator will provide the Secretary with such technical
information and assistance as the Administrator may have available.
(b)(1) The functions vested in the President by Section 108(a)(1)
of the Act [42 U.S.C. 9608(a)(1)] are delegated to the Coast Guard.
(2) Subject to Section 4(a) of this Order, the functions vested
in the President by Section 109 of the Act [42 U.S.C. 9609],
relating to violations of Section 108(a)(1) of the Act, are
delegated to the Coast Guard.
(c)(1) The functions vested in the President by Section 108(b) of
the Act are delegated to the Secretary of Transportation with
respect to all transportation related facilities, including any
pipeline, motor vehicle, rolling stock, or aircraft.
(2) Subject to Section 4(a) of this Order, the functions vested
in the President by Section 109 of the Act, relating to violations
of Section 108(a)(3) of the Act, are delegated to the Secretary of
Transportation.
(3) Subject to Section 4(a) of this Order, the functions vested
in the President by Section 109 of the Act, relating to violations
of Section 108(b) of the Act, are delegated to the Secretary of
Transportation with respect to all transportation related
facilities, including any pipeline, motor vehicle, rolling stock,
or aircraft.
(d)(1) Subject to subsection (c)(1) of this Section, the
functions vested in the President by Section 108(a)(4) and (b) of
the Act are delegated to the Administrator.
(2) Subject to Section 4(a) of this Order and subsection (c)(3)
of this Section, the functions vested in the President by Section
109 of the Act, relating to violations of Section 108(a)(4) and (b)
of the Act, are delegated to the Administrator.
Sec. 8. Employee Protection and Notice to Injured. (a) The
functions vested in the President by Section 110(e) of the Act [42
U.S.C. 9610(e)] are delegated to the Administrator.
(b) The functions vested in the President by Section 111(g) of
the Act [42 U.S.C. 9611(g)] are delegated to the Secretaries of
Defense and Energy with respect to releases from facilities or
vessels under the jurisdiction, custody or control of their
departments, respectively, including vessels bare-boat chartered
and operated.
(c) Subject to subsection (b) of this Section, the functions
vested in the President by Section 111(g) of the Act are delegated
to the Administrator.
Sec. 9. Management of the Hazardous Substance Superfund and
Claims. (a) The functions vested in the President by Section 111(a)
of the Act [42 U.S.C. 9611(a)] are delegated to the Administrator,
subject to the provisions of this Section and other applicable
provisions of this Order.
(b) The Administrator shall transfer to other agencies, from the
Hazardous Substance Superfund out of sums appropriated, such
amounts as the Administrator may determine necessary to carry out
the purposes of the Act. These amounts shall be consistent with the
President's Budget, within the total approved by the Congress,
unless a revised amount is approved by OMB. Funds appropriated
specifically for the Agency for Toxic Substances and Disease
Registry ("ATSDR"), shall be directly transferred to ATSDR,
consistent with fiscally responsible investment of trust fund
money.
(c) The Administrator shall chair a budget task force composed of
representatives of Executive departments and agencies having
responsibilities under this Order or the Act. The Administrator
shall also, as part of the budget request for the Environmental
Protection Agency, submit to OMB a budget for the Hazardous
Substance Superfund which is based on recommended levels developed
by the budget task force. The Administrator may prescribe reporting
and other forms, procedures, and guidelines to be used by the
agencies of the Task Force in preparing the budget request,
consistent with budgetary reporting requirements issued by OMB. The
Administrator shall prescribe forms to agency task force members
for reporting the expenditure of funds on a site specific basis.
(d) The Administrator and each department and agency head to whom
funds are provided pursuant to this Section, with respect to funds
provided to them, are authorized in accordance with Section 111(f)
of the Act [42 U.S.C. 9611(f)] to designate Federal officials who
may obligate such funds.
(e) The functions vested in the President by Section 112 of the
Act [42 U.S.C. 9612] are delegated to the Administrator for all
claims presented pursuant to Section 111 of the Act.
(f) The functions vested in the President by Section 111(o) of
the Act are delegated to the Administrator.
(g) The functions vested in the President by Section 117(e) of
the Act [42 U.S.C. 9617(e)] are delegated to the Administrator, to
be exercised in consultation with the Attorney General.
(h) The functions vested in the President by Section 123 of the
Act [42 U.S.C. 9623] are delegated to the Administrator.
(i) Funds from the Hazardous Substance Superfund may be used, at
the discretion of the Administrator or the Coast Guard, to pay for
removal actions for releases or threatened releases from facilities
or vessels under the jurisdiction, custody or control of Executive
departments and agencies but must be reimbursed to the Hazardous
Substance Superfund by such Executive department or agency.
Sec. 10. Federal Facilities. (a) When necessary, prior to
selection of a remedial action by the Administrator under Section
120(e)(4)(A) of the Act [42 U.S.C. 9620(e)(4)(A)], Executive
agencies shall have the opportunity to present their views to the
Administrator after using the procedures under Section 1-6 of
Executive Order No. 12088 of October 13, 1978 [set out as a note
under section 4321 of this title], or any other mutually acceptable
process. Notwithstanding subsection 1-602 of Executive Order No.
12088, the Director of the Office of Management and Budget shall
facilitate resolution of any issues.
(b) Executive Order No. 12088 of October 13, 1978, is amended by
renumbering the current Section 1-802 as Section 1-803 and
inserting the following new Section 1-802.
"1-802. Nothing in this Order shall create any right or benefit,
substantive or procedural, enforceable at law by a party against
the United States, its agencies, its officers, or any person."
Sec. 11. General Provisions. (a) The function vested in the
President by Section 101(37) of the Act [42 U.S.C. 9601(37)] is
delegated to the Administrator.
(b)(1) The function vested in the President by Section 105(f) of
the Act [42 U.S.C. 9605(f)], relating to reporting on minority
participation in contracts, is delegated to the Administrator.
(2) Subject to paragraph 1 of this subsection, the functions
vested in the President by Section 105(f) of the Act are delegated
to the heads of Executive departments and agencies in order to
carry out the functions delegated to them by this Order. Each
Executive department and agency shall provide to the Administrator
any requested information on minority contracting for inclusion in
the Section 105(f) annual report.
(c) The functions vested in the President by Section 126(c) of
the Act [42 U.S.C. 9626(c)] are delegated to the Administrator, to
be exercised in consultation with the Secretary of the Interior.
(d) The functions vested in the President by Section 301(c) of
the Act [42 U.S.C. 9651(c)] are delegated to the Secretary of the
Interior.
(e) Each agency shall have authority to issue such regulations as
may be necessary to carry out the functions delegated to them by
this Order.
(f) The performance of any function under this Order shall be
done in consultation with interested Federal departments and
agencies represented on the NRT, as well as with any other
interested Federal agency.
(g) The following functions vested in the President by the Act
which have been delegated or assigned by this Order may be
redelegated to the head of any Executive department or agency with
his consent: functions set forth in Sections 2 (except subsection
(b)), 3, 4(b), 4(c), 4(d), 5(b), 5(c), and 8(c) of this Order.
(h) Executive Order No. 12316 of August 14, 1981, is revoked.
Sec. 12. Brownfields. (a) The functions vested in the President
by Sections 101(39) and (41) and 104(k) of the Act [42 U.S.C.
9601(39), (41), 9604(k)] are delegated to the Administrator.
(b) The functions vested in the President by Section
128(b)(1)(B)(ii) of the Act [42 U.S.C. 9628(b)(1)(B)(ii)] are
delegated to the heads of the Executive departments and agencies,
to be exercised in consultation with the Administrator, with
respect to property subject to their jurisdiction, custody, or
control.
(c) The functions vested in the President by Section 128(b)(1)(E)
of the Act [42 U.S.C. 9628(b)(1)(E)] are delegated to the heads of
Executive departments andagencies in cases where they have acted (continued)