Executive Order 13308: Further Amendment to Executive Order 12580, as Amended, Superfund Implementation

President: George W. Bush

Assigned CERCLA Superfund and brownfields decisions among EPA and federal agency heads.

Status: In effect. Is Executive Order 13308 still in effect? Yes. Executive Order 13308 remains in effect. See Federal Register record.

What does Executive Order 13308 do?

The amendment gave agency heads specified section 107(o) and (p) responsibilities for their own facilities and EPA responsibilities for other cases, and divided section 128 brownfields decisions. The 2025 USDA regulation assigns an official responsibility to coordinate Brownfields redevelopment guidance for implementation of EO 13308. This shows the delegation in later agency administration, not a finding that a particular site was cleaned up.

Checked the Superfund delegation amendment against the signed order and later USDA implementation reference. The cited agency role is evidence of delegated administration, not proof that any particular site was remediated.

Administration position: The order describes its delegations as internal management of federal Superfund functions and expressly disclaims a new enforceable right.
SignedJune 20, 2003
Prior frameworkEO 12580 already delegated many Superfund functions, but lacked these specified brownfields and liability provisions.
Responsible officialEPA and federal facility heads
Later primary evidence2025: The 2025 USDA regulation assigns an official responsibility to coordinate Brownfields redevelopment guidance for implementation of EO 13308. This shows the delegation in later agency administration, not a finding that a particular site was cleaned up.

Before and after

Before the order

EO 12580 already delegated many Superfund functions, but lacked these specified brownfields and liability provisions.

After the order

The amendment gave agency heads specified section 107(o) and (p) responsibilities for their own facilities and EPA responsibilities for other cases, and divided section 128 brownfields decisions.

The 2025 USDA regulation assigns an official responsibility to coordinate Brownfields redevelopment guidance for implementation of EO 13308. This shows the delegation in later agency administration, not a finding that a particular site was cleaned up.

What changed?

EO 12580 already delegated many Superfund functions, but lacked these specified brownfields and liability provisions. The amendment gave agency heads specified section 107(o) and (p) responsibilities for their own facilities and EPA responsibilities for other cases, and divided section 128 brownfields decisions.

What does later evidence show?

2025 CFR — USDA brownfields responsibilities documents the later development: The 2025 USDA regulation assigns an official responsibility to coordinate Brownfields redevelopment guidance for implementation of EO 13308. This shows the delegation in later agency administration, not a finding that a particular site was cleaned up. Delegation of authority does not demonstrate a particular cleanup or grant.

What are the limits?

EO 13308 amends EO 12580; it delegates presidential functions under CERCLA, including sections 101, 104, 107 and 128, but does not itself award a cleanup grant or alter statutory liability standards. Agency decisions remain subject to the Act. Read the signed order for its operative language.

Who had to do what

Agency / officeActionTiming / position
EPA and federal facility headsExercised assigned Superfund and brownfields functionsAs limited by the signed order

What happened next

EO 13308 signed.