42 U.S.C. § 9616 — Schedules

Page 7773 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9617 (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 re- voked. 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 dele- gated to the heads of Executive departments and agen- cies in cases where they have acted under subsection (b) of this Section. (d) Subject to subsections (b) and (c) of this Section, the functions vested in the President by Section 128 of the Act [42 U.S.C. 9628] are delegated to the Adminis- trator. SEC. 13. Preservation of Authorities. Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Manage- ment and Budget relating to budget, administrative, or legislative proposals. SEC. 14. General Provision. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, cre- ate any right or benefit, substantive or procedural, en- forceable at law or equity by a party against the United States, its departments, agencies, instrumental- ities, or entities, its officers or employees, or any other person. § 9616. Schedules (a) Assessment and listing of facilities It shall be a goal of this chapter that, to the maximum extent practicable— (1) not later than January 1, 1988, the Presi- dent shall complete preliminary assessments of all facilities that are contained (as of Octo- ber 17, 1986) on the Comprehensive Environ- mental Response, Compensation, and Liability Information System (CERCLIS) including in each assessment a statement as to whether a site inspection is necessary and by whom it should be carried out; and (2) not later than January 1, 1989, the Presi- dent shall assure the completion of site in- spections at all facilities for which the Presi- dent has stated a site inspection is necessary pursuant to paragraph (1). (b) Evaluation Within 4 years after October 17, 1986, each fa- cility listed (as of October 17, 1986) in the CERCLIS shall be evaluated if the President de- termines that such evaluation is warranted on the basis of a site inspection or preliminary as- sessment. The evaluation shall be in accordance with the criteria established in section 9605 of this title under the National Contingency Plan for determining priorities among release for in- clusion on the National Priorities List. In the case of a facility listed in the CERCLIS after Oc- tober 17, 1986, the facility shall be evaluated within 4 years after the date of such listing if the President determines that such evaluation is warranted on the basis of a site inspection or preliminary assessment. (c) Explanations If any of the goals established by subsection (a) or (b) are not achieved, the President shall publish an explanation of why such action could not be completed by the specified date. (d) Commencement of RI/FS The President shall assure that remedial in- vestigations and feasibility studies (RI/FS) are commenced for facilities listed on the National Priorities List, in addition to those commenced prior to October 17, 1986, in accordance with the following schedule: (1) not fewer than 275 by the date 36 months after October 17, 1986, and (2) if the requirement of paragraph (1) is not met, not fewer than an additional 175 by the date 4 years after October 17, 1986, an addi- tional 200 by the date 5 years after October 17, 1986, and a total of 650 by the date 5 years after October 17, 1986. (e) Commencement of remedial action The President shall assure that substantial and continuous physical on-site remedial action commences at facilities on the National Prior- ities List, in addition to those facilities on which remedial action has commenced prior to October 17, 1986, at a rate not fewer than: (1) 175 facilities during the first 36-month pe- riod after October 17, 1986; and (2) 200 additional facilities during the fol- lowing 24 months after such 36-month period. (Pub. L. 96–510, title I, § 116, as added Pub. L. 99–499, title I, § 116, Oct. 17, 1986, 100 Stat. 1653.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Envi- ronmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. § 9617. Public participation (a) Proposed plan Before adoption of any plan for remedial ac- tion to be undertaken by the President, by a State, or by any other person, under section 9604, 9606, 9620, or 9622 of this title, the President or State, as appropriate, shall take both of the following actions: (1) Publish a notice and brief analysis of the proposed plan and make such plan available to the public. (2) Provide a reasonable opportunity for sub- mission of written and oral comments and an opportunity for a public meeting at or near the facility at issue regarding the proposed plan and regarding any proposed findings under section 9621(d)(4) of this title (relating to cleanup standards). The President or the State shall keep a transcript of the meeting and make such transcript available to the pub- lic.