33 U.S.C. § 2719 — State financial responsibility

Page 896 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2718 1 See References in Text note below. (3) Contribution No action for contribution for any removal costs or damages may be commenced more than 3 years after— (A) the date of judgment in any action under this Act for recovery of such costs or damages, or (B) the date of entry of a judicially ap- proved settlement with respect to such costs or damages. (4) Subrogation No action based on rights subrogated pursu- ant to this Act by reason of payment of a claim may be commenced under this Act more than 3 years after the date of payment of such claim. (5) Commencement The time limitations contained herein shall not begin to run— (A) against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for such minor, or (B) against an incompetent person until the earlier of the date on which such incompetent’s incompetency ends or the date on which a legal representative is duly appointed for such incompetent. (Pub. L. 101–380, title I, § 1017, Aug. 18, 1990, 104 Stat. 504.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a), (b), (c), and (f), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. § 2718. Relationship to other law (a) Preservation of State authorities; Solid Waste Disposal Act Nothing in this Act or the Act of March 3, 1851 shall— (1) affect, or be construed or interpreted as preempting, the authority of any State or po- litical subdivision thereof from imposing any additional liability or requirements with re- spect to— (A) the discharge of oil or other pollution by oil within such State; or (B) any removal activities in connection with such a discharge; or (2) affect, or be construed or interpreted to affect or modify in any way the obligations or liabilities of any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law, including common law. (b) Preservation of State funds Nothing in this Act or in section 9509 of title 26 shall in any way affect, or be construed to af- fect, the authority of any State— (1) to establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly result- ing from, oil pollution or the substantial threat of oil pollution; or (2) to require any person to contribute to such a fund. (c) Additional requirements and liabilities; pen- alties Nothing in this Act, the Act of March 3, 1851 (46 U.S.C. 183 et seq.),1 or section 9509 of title 26, shall in any way affect, or be construed to af- fect, the authority of the United States or any State or political subdivision thereof— (1) to impose additional liability or addi- tional requirements; or (2) to impose, or to determine the amount of, any fine or penalty (whether criminal or civil in nature) for any violation of law; relating to the discharge, or substantial threat of a discharge, of oil. (d) Federal employee liability For purposes of section 2679(b)(2)(B) of title 28, nothing in this Act shall be construed to author- ize or create a cause of action against a Federal officer or employee in the officer’s or employee’s personal or individual capacity for any act or omission while acting within the scope of the of- ficer’s or employee’s office or employment. (Pub. L. 101–380, title I, § 1018, Aug. 18, 1990, 104 Stat. 505.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. Act of March 3, 1851, referred to in subsecs. (a) and (c), is act Mar. 3, 1851, ch. 43, 9 Stat. 635, which was in- corporated into the Revised Statutes as R.S. §§ 4282, 4283, 4284 to 4287 and 4289, and was classified to sections 182, 183, and 184 to 188 of Title 46, Appendix, Shipping, prior to being repealed and restated in chapter 305 of Title 46, Shipping, by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of Title 46. The Solid Waste Disposal Act, referred to in subsec. (a)(2), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chap- ter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables. Statutory Notes and Related Subsidiaries REPORT ON VESSEL SAFETY AND ABILITY TO MEET LEGAL OBLIGATIONS Pub. L. 102–241, § 32, Dec. 19, 1991, 105 Stat. 2222, pro- vided that: ‘‘Not later than one year after the date of enactment of this Act [Dec. 19, 1991], the Secretary of Transportation shall report to Congress on the effect of section 1018 of the Oil Pollution Act of 1990 (Public Law 101–380; 104 Stat. 484) [33 U.S.C. 2718] on the safety of vessels being used to transport oil and the capability of owners and operators to meet their legal obligations in the event of an oil spill.’’ § 2719. State financial responsibility A State may enforce, on the navigable waters of the State, the requirements for evidence of fi- 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