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. ( Pub. L. 96–510, title IV, § 401 , as added Pub. L. 99–499, title II, § 210(a) , formerly § 210, Oct. 17, 1986 , 100 Stat. 1716 ; renumbered § 210(a), Pub. L. 99–563, § 11(c)(1) , Oct. 27, 1986 , 100 Stat. 3177 .) 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 ].” CFR Title Parts 40 3