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Title 42, The Public Health and WelfareRelease 119-110

§9671 Definitions

Title 42 › CHAPTER 103 — COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY › SUBCHAPTER IV — POLLUTION INSURANCE › § 9671

Last updated Sep 22, 2026|Official source

Summary

It defines key words used in the rest of the rules. Insurance means primary or excess policies, reinsurance, surplus lines, and other ways to shift or share risk when state or federal law treats the arrangement as insurance. Pollution liability means responsibility for harm from the release of hazardous substances, pollutants, or contaminants. Risk retention group means a corporation or similar limited-liability company taxed as a corporation or insurer whose main purpose is to take on and spread pollution liability for its members, that is formed and licensed to do insurance business under state law, and that does not bar people just to give members a competitive advantage. Purchasing group means a group of people that buys pollution liability insurance together. State means any U.S. State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession under U.S. jurisdiction.

Full Legal Text

Title 42, §9671

The Public Health and Welfare, Source: USLM XML via OLRC

As used in this subchapter—
(1)Insurance
The term “insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law.
(2)Pollution liability
The term “pollution liability” means liability for injuries arising from the release of hazardous substances or pollutants or contaminants.
(3)Risk retention group
The term “risk retention group” means any corporation or other limited liability association taxable as a corporation, or as an insurance company, formed under the laws of any State—
(A)whose primary activity consists of assuming and spreading all, or any portion, of the pollution liability of its group members;
(B)which is organized for the primary purpose of conducting the activity described under subparagraph (A);
(C)which is chartered or licensed as an insurance company and authorized to engage in the business of insurance under the laws of any State; and
(D)which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person.
(4)Purchasing group
The term “purchasing group” means any group of persons which has as one of its purposes the purchase of pollution liability insurance on a group basis.
(5)State
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

State Powers and Authorities Under Risk Retention

Amendments

of 1986 Pub. L. 99–499, title II, § 210(b), as added by Pub. L. 99–563, § 11(c)(1), Oct. 27, 1986, 100 Stat. 3177, provided that: “For purposes of subsection (a) of this section [enacting this subchapter], the powers and authorities of States addressed by the Risk Retention

Amendments

of 1986 [Pub. L. 99–563, see

Short Title

of 1986 Amendment note set out under section 3901 of Title 15, Commerce and Trade] are in addition to those of this Act [see

Short Title

of 1986 Amendment note set out under section 9601 of this title].”

Reference

Citations & Metadata

Citation

42 U.S.C. § 9671

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110