Petroleum refining and the national priorities list: The preemption of CERCLA

The petroleum refining industry has preempted aspects of the implementation of CERCLA through a clause in the original legislation that makes the listing of petroleum refining sites on the NPL more difficult than it would be otherwise. The NPL, which was mandated in CERCLA, is a list of sites open-quotes where a hazardous substance has been deposited, stored, disposed of, placed, or otherwise come to be located. The petroleum exclusion clause, Section 101(14)(F) of CERCLA, states that the term hazardous substance open-quotes does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance.close quotes This clause has been interpreted to mean that a site where petroleum products are found may not be listed on the NPL on the basis of the petroleum products; a hazardous substance that is not a normal constituent of petroleum products also must be found at the site. Regression analysis shows that the petroleum refining industry is significantly positively correlated with discovered sites (where a possibility exists that hazardous substances may be present) and significantly negatively correlated with sites that are proposed to the NPL. These, findings suggest that sites that meet the technical criteria for NPL listing are not proposed because of the petroleum exclusion clause. Although the chemical industry also produces substances that are considered hazardous, it is significantly correlated only with proposed sites, and that correlation is positive. The purpose of this paper is to present evidence suggesting that this clause was a response by Congress to an organized interest-the petroleum refining industry, which possessed a political power not available to the less-focused chemical industry