On Jan. 12, the Environmental Protection Agency tentatively denied a petition by the Center for Biological Diversity to classify PVC as a hazardous waste under the Resource Conservation and Recovery Act. NRCA and coalition partners, led by the Vinyl Institute, were integral to ensuring this unworkable and burdensome potential regulation did not come to fruition.
In 2014, the Center for Biological Diversity petitioned the EPA to regulate discarded PVC as a hazardous waste under the Resource Conservation and Recovery Act and the Toxic Substances Control Act. The EPA swiftly denied the petition under the Toxic Substances Control Act but never ruled on the regulation under the Resource Conservation and Recovery Act. The Center for Biological Diversity sued the EPA in August 2021 to force the agency to act under the Resource Conservation and Recovery Act petition.
PVC is one of the most widely used forms of plastic in roofing and building materials, but it is also in numerous items used every day, such as children’s toys, healthcare necessities, clothing, consumer packaging, electronics and many other household goods. However, the Center for Biological Diversity states this material can be harmful to humans and habitats. Remember the ongoing effort to ban plastic straws? This was in that same vein.
After being compelled to address this matter by a court and to avoid further legal action, the EPA proposed a consent decree that promised a preliminary decision by Jan. 20.
When NRCA learned of these developments, it immediately took action to oppose this potential regulation that could be detrimental to our industry and the broader economy. NRCA successfully engaged with its coalition partners, particularly the experts at the Vinyl Institute, Single Ply Roofing Institute, Chemical Fabrics & Film Association and American Chemistry Council. It also held numerous discussions with manufacturing members to strategize how to best provide EPA with the data it needs from the roofing industry to make an informed decision.
This decision is a great win for the industry!
