What substances are specifically excluded from CERCLA regulation by the petroleum exclusion?
EPA interprets CERCLA section 101(14) to exclude crude oil and fractions of crude oil – including the hazardous substances, such as benzene, that are indigenous in those petroleum substances – from the definition of hazardous substance. Under this interpretation, petroleum includes hazardous substances that are normally mixed with or added to crude oil or crude oil fractions during the refining process. This includes indigenous hazardous substances, the levels of which are increased as a normal part of the refining process. However, hazardous substances that are added to petroleum or that increase in concentration as a result of contamination of the petroleum during use are not considered part of the petroleum, and are therefore regulated under CERCLA. For example, releases of oils that have had hazardous substances added to them subsequent to the petroleum refining process are not excluded from CERCLA regulation. In addition, some oils are regulated under CERCLA because they are speci
