Executive Order 13973 · Signed Jan 8, 2021

86 FR 3733 · Published Jan 15, 2021 · Effective on signing

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Providing an Order of Succession Within the Environmental Protection Agency

agency successionenvironmental regulationexecutive branch operationsfederal workforce

Signed by President Donald Trump

The order sets a fixed chain of acting authority for the Environmental Protection Agency when both the Administrator and Deputy Administrator are unable to serve, and revokes a 2017 EPA succession order.

What this order does

What it orders

The order establishes a ranked list of seventeen EPA officials — beginning with the General Counsel and running through various Assistant Administrators, Regional Administrators, and deputy positions — who may serve as Acting Administrator when both the Administrator and Deputy Administrator have died, resigned, or become unable to perform their duties. The succession line must be followed in the order listed, subject to the constraints of the Federal Vacancies Reform Act.

The order bars any individual already serving in an acting capacity in a listed position from using this order to then act as Administrator. It also preserves the President's discretion to depart from the list as permitted by law, and it explicitly creates no enforceable legal rights for any party. Executive Order 13763 from January 2017, which previously governed EPA succession, is revoked.

Who it affects

Senior officials within the Environmental Protection Agency whose acting-Administrator responsibilities are now formally ranked, including the General Counsel, Assistant Administrators for various program offices, the Chief Financial Officer, Regional Administrators, and their principal deputies.

Why it matters

EPA has a clear, pre-set chain of seventeen acting-authority holders during any leadership gap, which avoids ambiguity about who can sign agency actions or issue guidance when both the Administrator and Deputy Administrator seats are vacant or incapacitated.

What must happen and when

Agencies directed to act

Environmental Protection Agency

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

Federal Vacancies Reform Act of 1998

Federal statute setting the rules for who may temporarily fill vacant executive-branch positions.

What this order changes

Revokes Executive Order 13763

Executive Order

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Executive Order 13973: Providing an Order of Succession Within the Environmental Protection Agency | EO Reporter