§ 2720. — Differentiation among fats, oils, and greases.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2720]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2720. Differentiation among fats, oils, and greases
(a) In general
Except as provided in subsection (c) of this section, in issuing or
enforcing any regulation or establishing any interpretation or guideline
relating to the transportation, storage, discharge, release, emission,
or disposal of a fat, oil, or grease under any Federal law, the head of
that Federal agency shall--
(1) differentiate between and establish separate 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, including oils
from the seeds, nuts, and kernels referred to in paragraph
(1)(A) of that section; and
(B) other oils and greases, including petroleum; and
(2) apply standards to different classes of fats and oils based
on considerations in subsection (b) of this section.
(b) Considerations
In differentiating between the class of fats, oils, and greases
described in subsection (a)(1)(A) of this section and the class of oils
and greases described in subsection (a)(1)(B) of this section, the head
of the Federal agency shall consider differences in the physical,
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, Sec. 2, Nov. 20, 1995, 109 Stat. 546.)
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 section
2701 of this title and Tables.
Codification
Section was enacted as part of the Edible Oil Regulatory 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 sections 2704 and 2716 of this
title.
Regulations
Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 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 establish 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 relevant
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 relating 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 Security, and the
Department of Homeland Security Reorganization 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 Administrator of the
Environmental Protection Agency shall issue regulations amending 40
C.F.R. 112 to comply 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 Environmental 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 Regulations Regarding Animal Fats
and Vegetable Oils
Pub. L. 104-324, title XI, Sec. 1130, Oct. 19, 1996, 110 Stat. 3985,
provided that:
``(a) Sense of Congress.--It is the sense of Congress that, in an
effort to reduce unnecessary regulatory burdens, a regulation issued or
enforced and an interpretation or guideline established pursuant to
Public Law 104-55 [see Short Title of 1995 Amendment note set out under
section 2701 of this title] should in any manner possible recognize and
provide for the differences in the physical, chemical, biological, and
other properties, and in the environmental effects, of the classes of
fats, oils, and greases described under that law.
``(b) Report.--Within 60 days after the date of enactment of this
section [Oct. 19, 1996] and on January 1 of each year thereafter, the
Secretary of Transportation shall submit a report to Congress on the
extent to which the implementation by the United States Coast Guard of
regulations issued or enforced, or interpretations or guidelines
established, pursuant to Public Law 104-55, carry out the intent of
Congress and recognize and provide for the differences in the physical,
chemical, biological, and other properties, and in the environmental
effects, of the classes of fats, oils, and greases described under that
law.''
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating 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 Security, and the
Department of Homeland Security Reorganization Plan of November 25,
2002, as modified, set out as a note under section 542 of Title 6.]
Section Referred to in Other Sections
This section is referred to in section 2704 of this title.
