[Weekly Compilation of Presidential Documents Volume 40, Number 28 (Monday, July 12, 2004)]
[Page 1213]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Designation of Officers of the Environmental Protection 
Agency

July 7, 2004

Memorandum for the Administrator of the Environmental Protection Agency

Subject: Designation of Officers of the Environmental Protection Agency

    By the authority vested in me as President under the Constitution 
and the laws of the United States of America and pursuant to the Federal 
Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq. (the ``Act''), I 
hereby order that:
    Section 1. Order of Succession.
    During any period in which the Administrator of the Environmental 
Protection Agency (Administrator), the Deputy Administrator of the 
Environmental Protection Agency, and the officers designated by 
Executive Order 13261 of March 19, 2002, entitled, ``Providing an Order 
of Succession in the Environmental Protection Agency and Amending 
Certain Orders on Succession,'' as amended, to perform the functions and 
duties of the Administrator have died, resigned, or otherwise become 
unable to perform the functions and duties of the office of 
Administrator, the following officers of the Environmental Protection 
Agency, in the order listed, shall perform the functions and duties of 
the office of Administrator, if they are eligible to act as 
Administrator under the provisions of the Act, until such time as at 
least one of the officers mentioned above is able to perform the 
functions and duties of the office of Administrator:

     Regional Administrator, Region I; and
     Deputy Regional Administrator, Region IV.

    Section 2. Exceptions.
 (a)         No individual who is serving in an office listed in section 
            1 in an acting capacity, by virtue of so serving, shall act 
            as Administrator pursuant to this memorandum.
 (b)         Notwithstanding the provisions of this memorandum, the 
            President retains discretion, to the extent permitted by the 
            Act, to depart from this memorandum in designating an acting 
            Administrator.
    Section 3. Prior Memorandum Superceded.
    This memorandum supercedes the Presidential Memorandum of March 19, 
2002, entitled, ``Designation of Officers of the Environmental 
Protection Agency.''
                                                George W. Bush