I think Exxon lost on that point, and I know that the Oil Pollution Act (which became part of the larger Clean Water Act) clarified things. Petroleum products of any kind are pollutants. Some are excluded from certain requirements, but they are still pollutants.
CERCLA/Superfund exempts petroleum from the hazardous waste cleanup rules. RCRA still applies to it, however, and refined petroleum contains several constituents that usually bring it back into the realm covered by CERCLA.
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