Energy, environment and natural resources

Executive Order 13638: Amendments to Executive Order 12777

President: Barack Obama

Clarified which agencies adjust liability limits for vessels, onshore facilities, deepwater ports and offshore facilities.

Status: In effect.

Is Executive Order 13638 still in effect? Yes. Active amendment used by Coast Guard and other agencies to adjust Oil Pollution Act liability limits for inflation.

What does Executive Order 13638 do?

EO 13638 rewrote part of EO 12777 to divide responsibility for Oil Pollution Act liability limits by source. The Coast Guard handles vessels, deepwater ports and marine facilities; EPA handles non-transportation onshore facilities; Transportation handles non-marine transportation facilities; and Interior handles offshore facilities. Those agencies use the delegations to make inflation adjustments and report to Congress.

Administration position: Adjusting a liability cap does not limit cleanup duties in every case: responsible parties may face unlimited liability for gross negligence, willful misconduct or specified legal violations.
SignedMarch 15, 2013
StatuteOil Pollution Act of 1990
Adjustment basisSignificant Consumer Price Index increases

Before and after

Before the order

EO 12777’s older delegation divided responsibilities less clearly after agency reorganizations and implementation experience.

After the order

Four responsible authorities received explicit facility-based adjustment and reporting roles.

Who had to do what

Agency / officeActionTiming / position
Coast GuardAdjust vessel deepwater-port and marine-facility limitsContinuing
EPA and TransportationHandle their respective onshore facility categoriesContinuing
InteriorAdjust offshore-facility limitsContinuing

What happened next

EO 13638 amended EO 12777.