Nearly 2,000 51风流 members tell EPA to oppose the unfounded effort to regulate the disposal of ubiquitous plastics used in construction.
On February 13, 51风流 to the U.S. Environmental Protection Agency (EPA), agreeing with agency鈥檚 tentative plans to reject an environmental group鈥檚 request to list discarded polyvinyl chloride (PVC or vinyl) as hazardous waste under federal law. According to EPA, the Center for Biological Diversity鈥檚 legal petition, filed back in 2014, does not support regulation under the waste law and EPA lacks the needed resources to do so. These valid arguments are outlined in EPA鈥檚 鈥渢entative鈥 denial of the petition, on which the agency solicited public comment. 51风流 urged EPA to firmly and finally deny this petition for rulemaking.
In addition to 51风流鈥檚 letter, took action and supported EPA鈥檚 science-based decision to not undertake this rulemaking. 51风流鈥檚 environmental leadership also met with EPA staff last week to reiterate 51风流鈥檚 concerns about any change in the regulatory status of PVC 鈥 sharing how it would increase construction materials costs, impact waste management, disrupt already beleaguered supply chains, and put beneficial reuse and recycling activities in jeopardy. PVC is a type of vinyl widely used in construction (e.g., pipes, flooring, roofing, profiles, siding, sheeting, and cables), and it contributes to the quality, safety, and cost-effectiveness of construction materials.
In August 2021, CBD sued EPA over its slow response to the environmental group鈥檚 request to list PVC as hazardous waste. In May 2022, EPA published a notice of a to settle the lawsuit, obligating EPA to make an initial decision in January 2023 (on whether to grant or deny the environmental group鈥檚 petition) and to finalize that decision by April 2024. 51风流 was the only construction organization to publicly oppose the consent decree. 51风流 also joined with a broad array of stakeholders to push back on the effort. Then on Jan. 12, 2023, EPA published a in the Federal Register, agreeing with 51风流, not to regulate PVC under the RCRA and denying CBD鈥檚 request. 51风流 and its members have strongly urged EPA to finalize that decision and avoid unnecessary new regulations on the construction industry. Not all PVC plastic presents a substantial hazard and the existing statutory framework is sufficient to address potential environmental risks presented by PVC.
Most of the environmental statutes contain provisions that allow citizens to sue EPA when EPA allegedly fails to perform an act or mandatory duty required by the statute. Those 鈥減etitions鈥 are posted to the Agency鈥檚 . 51风流 has historically frowned upon 鈥渟ue and settle鈥 practices that sidestep the regulatory agenda review process and derail the agency鈥檚 ability to prioritize its resources.
For more information, contact Leah Pilconis at leah.pilconis@agc.org or Melinda Tomaino at melinda.tomaino@agc.org.