Ameer Randolph
Diesel fuel is a petroleum product that is not specifically listed as a hazardous substance under CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act). While diesel fuel is considered a hazardous material due to its flammability and potential environmental impact, it is not designated as a hazardous substance in Appendix A of the Hazardous Materials Table. This exclusion of diesel fuel from CERCLA's hazardous substance list highlights the complex nature of regulating the oil and gas industry, where substances like benzene, a component of petroleum, are recognized as hazardous under CERCLA, but the industry itself remains exempt from certain environmental statutes. This discrepancy has sparked discussions about the need for stronger regulation to address health and environmental risks associated with oil and gas operations, particularly during a critical decade for climate action.
| Characteristics | Values |
|---|---|
| Diesel fuel a hazardous substance? | Diesel fuel is not a hazardous substance but is considered a hazardous material. |
| CERCLA | CERCLA is the Superfund Site that identifies sites with hazardous materials that threaten the environment and/or public health. |
| CERCLA exclusion | CERCLA does not include petroleum, crude oil, natural gas, natural gas liquids, and synthetic gas. |
| Hazardous substances covered under CERCLA | Benzene, toluene, xylene, and ethylbenzene. |
| CERCLA exemption | The oil and gas industry is currently exempt from CERCLA. |
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What You'll Learn
Diesel fuel is not a hazardous substance
CERCLA specifically excludes crude oil and fractions of crude oil, which includes diesel fuel, from its definition of hazardous substances. This exclusion also covers the hazardous substances that are indigenous to crude oil, such as benzene.
While diesel fuel is not considered a hazardous substance under CERCLA, it is still classified as a hazardous material. The term "hazardous material" is defined at 49 CFR 171.8, which indicates that it includes hazardous substances. Therefore, while diesel fuel is not a hazardous substance, it is a hazardous material and is subject to the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
It is important to note that while diesel fuel itself is not a hazardous substance, some of its components, such as naphthalene, are identified as hazardous substances and may pose health and environmental risks.
The exclusion of diesel fuel and the oil and gas industry from CERCLA has been criticized due to the environmental and public health hazards posed by the industry. The exemption highlights the industry's political power to evade regulation and creates major health risks, especially with the continued release of methane and other pollutants into the atmosphere.
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Diesel fuel is a hazardous material
Diesel fuel is not currently considered a hazardous substance under CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act). CERCLA section 101(14) specifically excludes crude oil and its fractions, which include diesel fuel, from its definition of hazardous substances.
However, it is important to distinguish between a "hazardous substance" and a "hazardous material". While diesel fuel is not classified as a hazardous substance under CERCLA, it is often considered a hazardous material due to its flammable nature. In fact, diesel fuel is identified as a Class 3 Combustible liquid in the Hazardous Materials Table.
The distinction between hazardous substances and hazardous materials is crucial. The classification of diesel fuel as a hazardous material means that it poses certain risks and requires careful handling, storage, and transportation to prevent fires and other accidents.
Additionally, while diesel fuel itself may not be listed as a hazardous substance, some of its components, such as naphthalene, are identified as hazardous substances. These individual components may pose health and environmental risks, even if diesel fuel as a whole is not classified as a hazardous substance.
The exclusion of the petroleum industry from CERCLA has been a subject of debate. Some argue that the exemption creates major health and environmental risks, particularly due to the presence of hazardous substances like benzene in petroleum products. There have been calls for stronger regulation of the industry to address these concerns and ensure proper clean-up of oil and gas sites.
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CERCLA's petroleum exclusion
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) was passed to address the issue of hazardous substances and their negative impact on the environment and public health. CERCLA's definition of "hazardous substance" includes substances listed under four other environmental statutes and those designated under CERCLA section 102(a).
However, CERCLA's petroleum exclusion, developed by Congress in 1988, specifically excludes "petroleum, including crude oil or any fraction thereof," from the definition of hazardous substances. This exclusion applies unless the substance is specifically listed or designated under CERCLA. As a result, neither gasoline nor diesel fuel, which are considered "petroleum, including crude oil or any fraction thereof," is considered a hazardous substance under CERCLA, regardless of their composition or quantity.
While this exclusion was implemented to avoid pressure from the oil industry's lobbyists, it has significant implications for public and environmental health. For instance, chemicals like benzene, toluene, xylene, and ethylbenzene, which are hazardous substances covered under CERCLA, are elements of petroleum. Therefore, the exclusion of petroleum protects the oil and gas industry from liability under CERCLA, despite the industry's use and emission of these hazardous substances.
The exclusion of the oil and gas industry from CERCLA has been criticised for creating major health risks and highlighting the industry's ability to evade environmental regulations. As a result, there have been calls for the inclusion of the industry under CERCLA to mandate the remediation of oil and gas industry sites, prioritising human and environmental health, especially in light of President Biden's infrastructure proposal for clean energy transition.
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CERCLA's purpose and impact
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a United States federal environmental remediation program established in 1980. CERCLA was enacted by Congress in response to the threat of hazardous waste sites, including the Love Canal disaster in New York, the Valley of the Drums in Kentucky, and several other high-profile environmental disasters in the 1960s and 1970s.
CERCLA's primary purpose is to address the cleanup of hazardous waste sites and respond to releases or threatened releases of hazardous substances that may endanger public health or the environment. It focuses on the remediation of existing contaminated sites, including abandoned or uncontrolled hazardous waste sites, and aims to prevent the creation of potential hazardous waste sites through proper waste management practices. CERCLA also established liability for those who created the waste, referred to as “potentially responsible parties” (PRPs), who may be held liable for the cost of cleanup and restoration of ecosystem services.
CERCLA provides the Environmental Protection Agency (EPA) with the ability to intervene in managing land contaminated with high levels of hazardous materials and to compel PRPs to perform adequate cleanup or pay damages. The EPA can use the Superfund, a trust fund established by CERCLA, to finance the cleanup of sites when responsible parties cannot be identified or are unable to pay. The Superfund is primarily used for remedial actions at sites on the National Priorities List (NPL), which are considered the most highly contaminated and require longer-term remedial investigations and actions.
The impact of CERCLA has been significant in addressing hazardous waste sites and protecting public health and the environment. The Superfund program has led to the investigation and cleanup of thousands of contaminated sites across the United States, with a focus on permanent solutions and new technologies in handling hazardous waste. CERCLA also strengthened the EPA's ability to take action and consider environmental laws and regulations across different states. Additionally, CERCLA's broad scope of responsible parties, including current owners, past owners, arrangers, and transporters, has helped ensure that a broader range of parties are held accountable for environmental contamination.
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The oil and gas industry's exemption from CERCLA
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was created in response to hazardous waste practices in the 1980s, such as the incident at Love Canal, where hazardous chemicals contaminated the soil and groundwater. CERCLA aims to identify sites where hazardous materials threaten the environment and public health due to leakage, spillage, or mismanagement.
However, CERCLA has a significant exemption for the oil and gas industry, known as the "petroleum exclusion." This exclusion was added by Congress in 1988 to appease the powerful oil industry lobby. As a result, substances like crude oil and its fractions, including hazardous substances such as benzene, are excluded from CERCLA regulation.
The exemption of the oil and gas industry from CERCLA has significant implications for public health and the environment. The industry's activities often involve the use and release of toxic substances, such as xylene and benzene, which are known to increase the risk of cancer and impact immunity and reproductive health. By evading CERCLA regulation, the oil and gas industry's practices remain unchecked, posing a threat to communities across the country.
For example, the Philadelphia Energy Solutions (PES) refinery was the largest single emitter of toxic pollutants in Philadelphia, yet the lack of regulatory oversight due to the petroleum exclusion has hindered efforts to address this issue. The exemption also affects the implementation of climate action plans, such as Biden's infrastructure bill, which includes funding for cleaning up abandoned oil and gas wells. Including the oil and gas industry in CERCLA requirements would ensure a proper clean-up of these sites, prioritizing human and environmental health.
While certain substances added to petroleum or increasing in concentration due to contamination during use may be regulated under CERCLA, the overall exemption for the oil and gas industry highlights the industry's political power and creates a major loophole in environmental and public health protection efforts.
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Frequently asked questions
Diesel fuel is not considered a hazardous substance under CERCLA. It is, however, considered a hazardous material.
CERCLA, also known as the Comprehensive Environmental Response, Compensation, and Liability Act, is a US federal law that holds polluters accountable for cleaning up hazardous substances that threaten the environment and/or public health.
CERCLA covers hazardous substances such as benzene, toluene, xylene, and ethylbenzene, which are all elements of petroleum.
Despite the industry's exemption, it is argued that the oil and gas industry should be subject to CERCLA due to the environmental and public health hazards posed by chemicals found in petroleum.
