---
kind: "section"
citation: "33 C.F.R. § 136.1"
title: "33"
number: "136.1"
heading: "Purpose and applicability."
url: "https://uscodex.org/cfr/33/136.1"
---

# §136.1. Purpose and applicability.

- (a) **This part prescribes regulations for—**
  - (1) Presentation, filing, processing, settlement, and adjudication of claims authorized to be presented to the Oil Spill Liability Trust Fund (the Fund) under section 1013 of the Oil Pollution Act of 1990 (the Act) ([33 U.S.C. 2713](/usc/33/2713.md)) for certain uncompensated removal costs or uncompensated damages resulting from the discharge, or substantial threat of discharge, of oil from a vessel or facility into or upon the navigable waters, adjoining shorelines, or the exclusive economic zone;
  - (2) Designation of the source of the incident, notification to the responsible party of the designation, and advertisement of the designation and claims procedures; and
  - (3) **Other related matters.**
- (b) This part applies to claims resulting from incidents occurring after August 18, 1990.
- (c) **Nothing in this part—**
  - (1) Preempts the authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect to—
    - (i) The discharge of oil or other pollution by oil within such State; or
    - (ii) Any removal activities in connection with such a discharge; or
  - (2) Affects or modifies in any way the obligations or liabilities of any person under the Solid Waste Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md) et seq.) or State law, including common law; or
  - (3) **Affects the authority of any State—**
    - (i) 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 resulting from, oil pollution or the substantial threat of oil pollution; or
    - (ii) To require any person to contribute to such a fund; or
  - (4) Affects the authority of the United States or any State or political subdivision thereof to impose additional liability or additional requirements relating to a discharge, or substantial threat of a discharge, of oil.

## Notes

### Authority

Authority: 33 U.S.C. 2713(e) and 2714; Sec. 1512 of the Homeland Security Act of 2002, Pub. L. 107-296, Title XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. 552(d)); E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286, 68 FR 10619, 3 CFR, 2004 Comp., p.166; Department of Homeland Security Delegation No. 0170.1, para. 2(80).

### Source

Source: CGD 91-035, 57 FR 36316, Aug. 12, 1992, unless otherwise noted.