EPA Sides with AGC on Discarded PVC

On Friday, April 26, the U.S. Environmental Protection Agency (EPA) once and for all denied a 2014 petition filed by the Center for Biological Diversity (CBD) to list discarded polyvinyl chloride (PVC) as a hazardous waste under the Resource Conservation and Recovery Act (RCRA). AGC has previously reported on this issue when AGC submitted comments to the EPA, and when there was a tentative ruling from EPA siding with AGC. This win comes in a large part thanks to the nearly 2,000 AGC members who took action and encouraged EPA not to move forward with regulating PVC.

Regulating PVC as a hazardous waste would create significant regulatory risk and new liability exposure for construction firms. It also could significantly increase construction materials costs, disrupt waste management practices and put beneficial reuse and recycling activities in jeopardy.

According to EPA, CBD's petition, even as supplemented by information received through the public comment period, does not show that discarded PVC is "capable of posing a substantial present or potential hazard to human health or the environment" and EPA's existing regulatory framework is sufficient to address potential environmental risks. As such, the agency is not making any regulatory changes at this time.

AGC environmental leadership also met with EPA staff to underscore concerns about any changes in the regulatory status of PVC, noting how it could increase construction materials cost, impact waste management, disrupt already beleaguered supply chains, and put beneficial reuse and recycling activities in jeopardy.

For more information, contact Melinda Tomaino or John Chambers.