Is saccharin and its salts a CERCLA hazardous substance?
On December 17, 2010 (75 FR 78918), EPA published a final rule to remove saccharin and its salts from the CERCLA list of hazardous substances and the RCRA list of hazardous wastes. EPA originally added saccharin to the CERCLA list of hazardous substances on April 4, 1985 (50 FR 13456), solely based upon the evidence that it is a potential human carcinogen. EPA granted the Calorie Control Council’s petition to remove saccharin and its salts from its lists of hazardous constituents and hazardous wastes, and the list of hazardous substances. This was based on a review of the evaluations conducted by key public health agencies concerning the carcinogenic and other potential toxicological effects of saccharin and its salts, as well as EPA's own assessment of the waste generation and management information for saccharin and its salts. This review/assessment demonstrated that saccharin and its salts do not meet the criteria in the hazardous waste regulations for remaining on EPA's lists of hazardous constituents, hazardous wastes, and hazardous substances. Because saccharin was removed from the CERCLA list of hazardous substances, persons in charge of vessels or facilities from which saccharin or its salts are released will no longer be required to notify the National Response Center of the release under CERCLA section 103 and will not be subject to the liability provisions under CERCLA section 107. Releases of saccharin or its salts also do not need to be reported to the state and local authorities under EPCRA section 304.