33 U.S.C. § 2720 — Differentiation among fats, oils, and

Page 897 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2731 nancial responsibility under section 2716 of this title. (Pub. L. 101–380, title I, § 1019, Aug. 18, 1990, 104 Stat. 506.) § 2720. Differentiation among fats, oils, and greases (a) In general Except as provided in subsection (c), in issuing or enforcing any regulation or establishing any interpretation or guideline relating to the trans- portation, storage, discharge, release, emission, or disposal of a fat, oil, or grease under any Fed- eral law, the head of that Federal agency shall— (1) differentiate between and establish sepa- rate classes for— (A) animal fats and oils and greases, and fish and marine mammal oils, within the meaning of paragraph (2) of section 61(a) of title 13, and oils of vegetable origin, includ- ing oils from the seeds, nuts, and kernels re- ferred to in paragraph (1)(A) of that section; and (B) other oils and greases, including petro- leum; and (2) apply standards to different classes of fats and oils based on considerations in sub- section (b). (b) Considerations In differentiating between the class of fats, oils, and greases described in subsection (a)(1)(A) and the class of oils and greases described in subsection (a)(1)(B), the head of the Federal agency shall consider differences in the phys- ical, chemical, biological, and other properties, and in the environmental effects, of the classes. (c) Exception The requirements of this Act shall not apply to the Food and Drug Administration and the Food Safety and Inspection Service. (Pub. L. 104–55, § 2, Nov. 20, 1995, 109 Stat. 546.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L. 104–55, Nov. 20, 1995, 109 Stat. 546, which enacted this section and amended sections 2704 and 2716 of this title. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under sec- tion 2701 of this title and Tables. CODIFICATION Section was enacted as part of the Edible Oil Regu- latory Reform Act, and not as part of title I of the Oil Pollution Act of 1990 which comprises this subchapter. Section is comprised of section 2 of Pub. L. 104–55. Subsec. (d) of section 2 of Pub. L. 104–55 amended sec- tions 2704 and 2716 of this title. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 105–277, div. A, § 101(g) [title III, § 343], Oct. 21, 1998, 112 Stat. 2681–439, 2681–473, provided that: ‘‘(a) None of the funds made available by this Act or subsequent Acts may be used by the Coast Guard to issue, implement, or enforce a regulation or to estab- lish an interpretation or guideline under the Edible Oil Regulatory Reform Act (Public Law 104–55) [see Short Title of 1995 Amendment note set out under section 2701 of this title], or the amendments made by that Act, that does not recognize and provide for, with respect to fats, oils, and greases (as described in that Act, or the amendments made by that Act) differences in— ‘‘(1) physical, chemical, biological and other rel- evant properties; and ‘‘(2) environmental effects. ‘‘(b) Not later than March 31, 1999, the Secretary of Transportation shall issue regulations amending 33 CFR 154 to comply with the requirements of Public Law 104–55.’’ [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2499, provided that: ‘‘Not later than March 31, 1999, the Ad- ministrator of the Environmental Protection Agency shall issue regulations amending 40 C.F.R. 112 to com- ply with the requirements of the Edible Oil Regulatory Reform Act (Public Law 104–55) [see Short Title of 1995 Amendment note set out under section 2701 of this title]. Such regulations shall differentiate between and establish separate classes for animal fats and oils and greases, and fish and marine mammal oils (as described in that Act), and other oils and greases, and shall apply standards to such different classes of fats and oils based on differences in the physical, chemical, biological, and other properties, and in the environmental effects, of the classes. None of the funds made available by this Act or in subsequent Acts may be used by the Environ- mental Protection Agency to issue or to establish an interpretation or guidance relating to fats, oils, and greases (as described in Public Law 104–55) that does not comply with the requirements of the Edible Oil Regulatory Reform Act.’’ SENSE OF CONGRESS ON IMPLEMENTATION OF REGULA- TIONS REGARDING ANIMAL FATS AND VEGETABLE OILS Pub. L. 104–324, title XI, § 1130, Oct. 19, 1996, 110 Stat. 3985, as amended by Pub. L. 111–207, § 4(a)(1), July 27, 2010, 124 Stat. 2251, provided that regulations or guide- lines issued pursuant to Pub. L. 104–55 should take into account the differences among classes of fats, oils, and greases described under that law. SUBCHAPTER II—PRINCE WILLIAM SOUND PROVISIONS § 2731. Oil Spill Recovery Institute (a) Establishment of Institute The Secretary of Commerce shall provide for the establishment of a Prince William Sound Oil Spill Recovery Institute (hereinafter in this sec- tion referred to as the ‘‘Institute’’) through the Prince William Sound Science and Technology Institute located in Cordova, Alaska. (b) Functions The Institute shall conduct research and carry out educational and demonstration projects de- signed to— (1) identify and develop the best available techniques, equipment, and materials for deal- ing with oil spills in the arctic and subarctic marine environment; and (2) complement Federal and State damage assessment efforts and determine, document, assess, and understand the long-range effects of Arctic or Subarctic oil spills on the natural