EPA is not a Trustee, nor is it authorized to act on behalf of Trustees. Rather, its role under CERCLA is one of notification and coordination. Under CERCLA and OPA, EPA shares with the U.S. Coast Guard the general responsibility for investigating and responding to contamination by hazardous substances or oil. The Coast Guard is primarily responsible for spills or releases involving the coastal zone including all U.S. waters subject to the tide, the Great Lakes, and deepwater ports. EPA is primarily responsible for spills or releases on land and inland waters.
The EPA is required to notify Trustees of potential injuries to natural resources at sites where releases or threats of releases are under investigation and is also required to coordinate assessments, investigations, and planning with Trustees (CERCLA Section 104[b][2]). In addition, the EPA is required to notify Federal Trustees of negotiations with potentially responsible parties (PRPs), and encourage their participation in the negotiations if the release under investigation may potentially injure Trust Resources (CERCLA Section 122[j][1]). Under the OPA 1990, the EPA is the lead agency in responding to oil spills in inland waters.