Are mineral spirits considered petroleum derivatives and therefore excluded from the CERCLA definition of hazardous substance?
In most cases, yes. CERCLA section 101(14) specifically excludes petroleum from the definition of hazardous substance, consequently petroleum releases are not subject to CERCLA reporting and liability provisions. The petroleum exclusion includes “crude oil or any fraction” of petroleum unless the fraction is specifically listed or designated under the statute. Mineral spirits, also known as Stoddard solvent, naphtha, or white spirits, are usually derived from refined petroleum distillates from the light end of crude oil but could possibly be derived from coal. Mineral spirits that are distilled from petroleum are considered petroleum for the purpose of CERCLA section 101(14) and, therefore, are excluded from the definition of hazardous substance. Mineral spirits often contain substances, such as toluene, that are CERCLA hazardous substances. If these substances are present naturally or are added to petroleum-derived mineral spirits in the normal refining process, then they would be exc
Related Questions
- Are mineral spirits considered petroleum derivatives and therefore excluded from the CERCLA definition of hazardous substance?
- Is the release of a Reportable Quantity (RQ) or more of a CERCLA hazardous substance in an encapsulated form reportable?
- What is the definition of hazardous substance and petroleum?
