APPENDIX 8-1: PDD-67

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Appendix 8-1: PDD-67
APPENDIX 8-1: PDD-67

430
APPENDIX 8-2: CRITICAL A SSET A SSURANCE

431

Appendix 8-2: Critical Asset Assurance Program
APPENDIX 8-2: CRITICAL A SSET A SSURANCE

432
APPENDIX 8-2: CRITICAL A SSET A SSURANCE

433
APPENDIX 8-3: EO 12580

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Appendix 8-3: EO 12580

Executive Order 12580--Superfund implementation

Source: The provisions of Executive Order 12580 of Jan. 23, 1987, appear at 52 FR 2923, 3 CFR, 1987

Comp., p. 193, unless otherwise noted.

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 counterpart 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 a 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 chairman shall be the EPA or United States

Coast Guard representative, based on whether the release or threatened release

occurs in the inland or coastal zone, unless otherwise agreed upon by the EPA

and United States Coast Guard representatives.

(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 of the other functions

vested in the President by Sections 105(a), (b), (c), and (g), 125, and 301(f) of the Act

is delegated to the Administrator of the Environmental Protection Agency ("the

Administrator").
APPENDIX 8-3: EO 12580

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(2) The function vested in the President by Section 118(p) of the Superfund

Amendments and Reauthorization Act of 1986 (Public Law 99-499) ("SARA") is

delegated to the Administrator.

(c) In accord with Section 107(f)(2)(A) of the Act and Section 311(f)(5) of the

Federal Water Pollution Control Act, as amended (33 U.S.C. 1321(f)(5)), 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.

(d) Revisions to the NCP shall be made in consultation with members of the NRT

prior to publication for notice and comment. Revisions shall also be made in

consultation with the Director of the Federal Emergency Management Agency and

the Nuclear Regulatory Commission in order to avoid inconsistent or duplicative

requirements in the emergency planning responsibilities of those agencies.

(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 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, 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, 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, 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.
APPENDIX 8-3: EO 12580

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(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 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.

(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 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

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 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 are delegated to the Administrator.

The Administrator's authority under Section 119 of the Act is retroactive to the date

of enactment of SARA.

(h) The functions vested in the President by Section 104(c)(3) of the Act 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.
APPENDIX 8-3: EO 12580

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(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 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, 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 (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, 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 (a) and (b)(1) of this Section, the functions vested in the

President by Sections 106(a) and 122 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.
APPENDIX 8-3: EO 12580

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(2) Subject to subsection (a) and (b)(2) of this Section, the functions vested in the

President by Section 109 of the Act, relating to violations of Sections 103 (a) and

(b), and 122 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.

(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 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, relating to violations of

Sections 103 and 122 of the Act, are delegated to the Administrator.

(e) Notwithstanding any other provision of this Order, the authority under Sections

104(e)(5)(A) and 106(a) of the Act 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 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.

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, 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 310 (d) and (e) of the Act,

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 are delegated to the Secretary of the Treasury. The
APPENDIX 8-3: EO 12580

439

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 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, 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 are delegated to the Administrator.

(b) The functions vested in the President by Section 111(g) of the Act 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 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.
APPENDIX 8-3: EO 12580

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(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 to designate Federal officials

who may obligate such funds.

(e) The functions vested in the President by Section 112 of the Act 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 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 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, 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, 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) [Deleted]

[Sec. 10(b) amends Executive Order 12088 of Oct. 13, 1978, Chapter 40. The amendment has been

incorporated into that order.]

Sec. 11. General Provisions. (a) The function vested in the President by Section

101(37) of the Act is delegated to the Administrator.

(b)(1) The function vested in the President by Section 105(f) of the Act, 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
APPENDIX 8-3: EO 12580

441

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 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 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.

http://www.nara.gov/fedreg/codific/eos/e12580.html
APPENDIX 8-4: EO 12657

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Appendix 8-4: EO 12657

Executive Order 12657--Federal Emergency

Management Agency assistance in emergency

preparedness planning at commercial nuclear

power plants

Source: The provisions of Executive Order 12657 of Nov. 18, 1988, appear at 53 FR 47513, 3

CFR, 1988 Comp., p. 611, unless otherwise noted.

By the authority vested in me as President by the Constitution and laws of the

United States of America, including the Federal Civil Defense Act of 1950, as

amended (50 U.S.C. App. 2251 et seq.), the Disaster Relief Act of 1974, as

amended (42 U.S.C. 5121 et seq.), the Atomic Energy Act of 1954, as amended

(42 U.S.C. 2011 et seq.), Reorganization Plan No. 1 of 1958, Reorganization Plan

No. 1 of 1973, and Section 301 of Title 3 of the United States Code, and in order

to ensure that plans and procedures are in place to respond to radiological

emergencies at commercial nuclear power plants in operation or under

construction, it is hereby ordered as follows:

Section 1. Scope. (a) This Order applies whenever State or local governments,

either individually or together, decline or fail to prepare commercial nuclear

power plant radiological emergency preparedness plans that are sufficient to

satisfy Nuclear Regulatory Commission ("NRC") licensing requirements or to

participate adequately in the preparation, demonstration, testing, exercise, or use

of such plans.

(b) In order to request the assistance of the Federal Emergency Management

Agency ("FEMA") provided for in this Order, an affected nuclear power plant

applicant or licensee ("licensee") shall certify in writing to FEMA that the

situation described in Subsection (a) exists.

Sec. 2. Generally Applicable Principles and Directives. (a) Subject to the

principles articulated in this Section, the Director of FEMA is hereby authorized

and directed to take the actions specified in Sections 3 through 6 of this Order.

(b) In carrying out any of its responsibilities under this Order, FEMA:

(1) shall work actively with the licensee, and, before relying upon its

resources or those of any other Department or agency within the Executive

branch, shall make maximum feasible use of the licensee's resources;

(2) shall take care not to supplant State and local resources. FEMA shall

substitute its own resources for those of the State and local governments only

to the extent necessary to compensate for the nonparticipation or inadequate

participation of those governments, and only as a last resort after appropriate
APPENDIX 8-4: EO 12657

443

consultation with the Governors and responsible local officials in the affected

area regarding State and local participation;

(3) is authorized, to the extent permitted by law, to enter into interagency

Memoranda of Understanding providing for utilization of the resources of

other Executive branch Departments and agencies and for delegation to other

Executive branch Departments and agencies of any of the functions and duties

assigned to FEMA under this Order; however, any such Memorandum of

Understanding shall be subject to approval by the Director of the Office of

Management and Budget ("OMB") and published in final form in the Federal

Register; and

(4) shall assume for purposes of Sections 3 and 4 of this Order that, in the

event of an actual radiological emergency or disaster, State and local

authorities would contribute their full resources and exercise their authorities

in accordance with their duties to protect the public from harm and would act

generally in conformity with the licensee's radiological emergency

preparedness plan.

(c) The Director of OMB shall resolve any issue concerning the obligation of

Federal funds arising from the implementation of this Order. In resolving issues

under this Subsection, the Director of OMB shall ensure:

(1) that FEMA has utilized to the maximum extent possible the resources of

the licensee and State and local governments before it relies upon its

appropriated and lawfully available resources or those of any Department or

agency in the Executive branch;

(2) that FEMA shall use its existing resources to coordinate and manage,

rather than duplicate, other available resources;

(3) that implementation of this Order is accomplished with an economy of

resources; and

(4) that full reimbursement to the Federal Government is provided, to the

extent permitted by law.

Sec. 3. FEMA Participation in Emergency Preparedness Planning. (a) FEMA

assistance in emergency preparedness planning shall include advice, technical

assistance, and arrangements for facilities and resources as needed to satisfy the

emergency planning requirements under the Atomic Energy Act of 1954, as

amended, and any other Federal legislation or regulations pertaining to issuance

or retention of a construction permit or an operating license for a nuclear power

plant.

(b) FEMA shall make all necessary plans and arrangements to ensure that the

Federal Government is prepared to assume any and all functions and undertakings

necessary to provide adequate protection to the public in cases within the scope of

this Order. In making such plans and arrangements,
APPENDIX 8-4: EO 12657

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(1) FEMA shall focus planning of Federal response activities to ensure that:

(A) adequate resources and arrangements will exist, as of the time when an

initial response is needed, given the absence or inadequacy of advance State

and local commitments; and

(B) attention has been given to coordinating (including turning over) response

functions when State and local governments do exercise their authority, with

specific attention to the areas where prior State and local participation has

been insufficient or absent;

(2) FEMA's planning for Federal participation in responding to a radiological

emergency within the scope of this Order shall include, but not be limited to,

arrangements for using existing Federal resources to provide prompt

notification of the emergency to the general public; to assist in any necessary

evacuation; to provide reception centers or shelters and related facilities and

services for evacuees; to provide emergency medical services at Federal

hospitals, including those operated by the military services and by the

Veterans' Administration; and to ensure the creation and maintenance of

channels of communication from commercial nuclear power plant licensees or

applicants to State and local governments and to surrounding members of the

public.

Sec. 4. Evaluation of Plans. (a) FEMA shall consider and evaluate all plans

developed under the authority of this Order as though drafted and submitted by a

State or local government.

(b) FEMA shall take all actions necessary to carry out the evaluation referred to in

the preceding Subsection and to permit the NRC to conduct its evaluation of

radiological emergency preparedness plans including, but not limited to, planning,

participating in, and evaluating exercises, drills, and tests, on a timely basis, as

necessary to satisfy NRC requirements for demonstrations of off-site radiological

emergency preparedness.

Sec. 5. Response to a Radiological Emergency. (a) In the event of an actual

radiological emergency or disaster, FEMA shall take all steps necessary to ensure

the implementation of the plans developed under this Order and shall coordinate

the actions of other Federal agencies to achieve the maximum effectiveness of

Federal efforts in responding to the emergency.

(b) FEMA shall coordinate Federal response activities to ensure that adequate

resources are directed, when an initial response is needed, to activities hindered

by the absence or inadequacy of advance State and local commitments. FEMA

shall also coordinate with State and local governmental authorities and turn over

response functions as appropriate when State and local governments do exercise

their authority.

(c) FEMA shall assume any necessary command-and-control function, or delegate

such function to another Federal agency, in the event that no competent State and

local authority is available to perform such function.

(d) In any instance in which Federal personnel may be called upon to fill a
APPENDIX 8-4: EO 12657

445

command-and-control function during a radiological emergency, in addition to

any other powers it may have, FEMA or its designee is authorized to accept

volunteer assistance from utility employees and other nongovernmental personnel

for any purpose necessary to implement the emergency response plan and

facilitate off-site emergency response.

Sec. 6. Implementation of Order. (a) FEMA shall issue interim and final

directives and procedures implementing this Order as expeditiously as is feasible

and in any event shall issue interim directives and procedures not more than 90

days following the effective date of this Order and shall issue final directives and

procedures not more than 180 days following the effective date of this Order.

(b) Immediately upon the effective date of this Order, FEMA shall review, and

initiate necessary revisions of, all FEMA regulations, directives, and guidance to

conform them to the terms and policies of this Order.

(c) Immediately upon the effective date of this Order, FEMA shall review, and

initiate necessary renegotiations of, all interagency agreements to which FEMA is

a party, so as to conform them to the terms and policies of this Order. This

directive shall include, but not be limited to, the Federal Radiological Emergency

Response Plan (50 Fed. Reg. 46542 (November 8, 1985)).

(d) To the extent permitted by law, FEMA is directed to obtain full

reimbursement, either jointly or severally, for services performed by FEMA or

other Federal agencies pursuant to this Order from any affected licensee and from

any affected nonparticipating or inadequately participating State or local

government.

Sec. 7. Amendments. This Executive Order amends Executive Order Nos. 11490

(34 Fed. Reg. 17567 (October 28, 1969)), 12148 (44 Fed. Reg. 43239 (July 20,

1979)), and 12241 (45 Fed. Reg. 64879 (September 29, 1980)), and the same are

hereby superseded to the extent that they are inconsistent with this Order.

Sec. 8. Judicial Review. This Order is intended only to improve the internal

management of the Executive branch, and is not intended to 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. 9. Effective Date. This Order shall be effective November 18, 1988.

http://www.nara.gov/fedreg/codific/eos/e12657.html
APPENDIX 8-5: NG C OSTS

446

Appendix 8-5-: NG Domestic Program Costs
APPENDIX 8-5: NG C OSTS

447
APPENDIX 8-5: NG C OSTS

448
APPENDIX 8-5: NG C OSTS

449
APPENDIX 8-6: EO 12241

450

Appendix 8-6: EO 12241
APPENDIX 8-7: WILDFIRE MOU

451

Appendix 8-7: Wildfire MOU1

 

1

 This MOU is included for reference only. Although it is still in effect, some of the specified procedures it

contains have been modified by a subsequent agreement (MOU Between Dept. Army and NIFC, 8 Aug.

1990).
APPENDIX 8-7: WILDFIRE MOU

452
APPENDIX 8-7: WILDFIRE MOU

453
APPENDIX 8-7: WILDFIRE MOU

454
APPENDIX 8-7: WILDFIRE MOU

455
APPENDIX 8-8: NIFC CENTERS

456

Appendix 8-8: NIFC Area Coordination Centers
APPENDIX 8-9: PDD-63

457

Appendix 8-9: PDD-63: Critical Infrastructure Protection
APPENDIX 8-9: PDD-63

458
APPENDIX 8-9: PDD-63

459
APPENDIX 8-9: PDD-63

460
APPENDIX 8-9: PDD-63

461
APPENDIX 8-9: PDD-63

462
APPENDIX 8-9: PDD-63

463
APPENDIX 8-9: PDD-63

464
APPENDIX 8-9: PDD-63

465
APPENDIX 8-9: PDD-63

466
APPENDIX 8-9: PDD-63

467
APPENDIX 8-9: PDD-63

468
APPENDIX 8-9: PDD-63

469
APPENDIX 8-9: PDD-63

470
APPENDIX 9-1: I NTEL P OLICY G UIDANCE

471

Appendix 9-1: Policy Guidance for Intel Support in CONUS
APPENDIX 9-1: I NTEL P OLICY G UIDANCE

472
APPENDIX 9-1: I NTEL P OLICY G UIDANCE

473
APPENDIX 9-1: I NTEL P OLICY G UIDANCE

474
APPENDIX 9-1: I NTEL P OLICY G UIDANCE

475
APPENDIX 9-1: I NTEL P OLICY G UIDANCE

476
APPENDIX 9-1: I NTEL P OLICY G UIDANCE

477
APPENDIX 9-1: I NTEL P OLICY G UIDANCE

478
APPENDIX 10-1: NG R OLE IN D OMESTIC O P S

479

Appendix 10-1: Role of the NG in Domestic Support Operations
APPENDIX 10-1: NG R OLE IN D OMESTIC O P S

480