Why Classifying PVC as Hazardous Waste Undermines America's Zero-Waste and Energy Transition Goals

On Wednesday, January 12, 2023, the U.S. Environmental Protection Agency (EPA) tentatively rejected a petition by the Center for Biological Diversity to list discarded polyvinyl chloride (PVC) as hazardous waste under federal law. Although the EPA denied the petition, it is a tentative determination. Should the EPA reverse this preliminary decision and advance to rulemaking, comments and additional information can serve as a basis for contributing to the body of knowledge. The agency will solicit public comment on their interim decision and make a final determination by April 12, 2024.

The implications of this ruling are far-reaching and could significantly impact both our current economy and future energy transition strategies.

This paper discusses the role of PVC in modern life as well as the potential impact of an EPA hazardous waste designation. This paper also asserts that the EPA’s decision to tentatively deny the Center for Biological Diversity petition is consistent with the existing body of scientific evidence on the safe use and disposal of PVC, and that designating PVC as a federally listed hazardous waste would move the U.S. further from realizing a sustainable, circular economy.     

Background: Years of Waiting for a Ruling Will Soon Come to an End

Polyvinyl chloride (PVC) is one of the most widely used types of plastics. Undeniable and complex supply chains anchor this plastics economy, primarily because the multifaceted application possibilities of plastics make them an indispensable fixture of modern life. In fact, it is impossible to envision modern society without plastics. They enhance our quality of life, comfort, and well-being. Plastics also ubiquitously deliver many societal benefits and make technological, safety, medical, and aesthetic advances possible. Over the years, plastics have replaced many traditional materials and given rise to new products with better and safer properties as well as superior performance characteristics.

However, the world is now producing twice as much plastic waste as two decades ago, with the majority of it destined for landfills or incineration — and much of it migrating into the environment given that only 9% of plastics are successfully recycled.[1] Concerns and growing awareness of how to control the mounting plastic waste issue have propelled the plastics dialogue to the forefront of international discussions among corporations and governments. Closing material loops through advanced recycling, innovation, and collaborative circular economy business models are helping to address some of the problems.

In 2014, the Center for Biological Diversity (CBD) filed a petition with the U.S. Environmental Protection Agency (EPA) requesting that the agency classify discarded PVC as hazardous waste under the Resource Conservation and Recovery Act[2] (RCRA) and calling for rules to govern the safe treatment, storage, and disposal of PVC and its associated chemical additives. The petition also requested that the EPA regulate PVC under the Toxic Substances Control Act (TSCA), maintaining that the material poses an "unreasonable risk" to human health and the environment.[3]

While the 2014 petition under TSCA was denied by the EPA, the agency never ruled on the requested regulation under RCRA. This prompted the CBD to file suit in 2021 for “failure to comply with its nondiscretionary obligations under RCRA”[4] (alternatively, the Administrative Procedure Act[5]) and to take final action on the petition “within a reasonable time.” Both parties have since entered into a proposed consent decree which requires that the EPA make a tentative decision regarding the CBD’s petition on listing discarded PVC as hazardous waste by January 20, 2023, and a final determination by April 12, 2024.[6]

The Impact of New Regulations Would Be Significant

The reach of the CBD’s petition is aimed not only at PVC waste generated during the initial chemical manufacturing stage, it also seeks to have the EPA declare that finished materials and products containing PVC are hazardous wastes when discarded. This means that a final ruling could affect PVC waste handling across entire life cycles from “cradle to grave” and throughout complete supply chains. For example, processes impacted would include those involving production residues during the PVC chemical manufacturing phase, converter industry waste generated during PVC processing and fabrication into PVC-containing products and components (pipes, medical equipment, electronics, solar panels, vehicle parts, wind turbine blades, etc.), PVC waste from construction or installations of PVC-containing products (flooring, cables, pipes, window profiles, ducting, etc.), and post-consumer/post-industrial PVC-containing product waste generated from various domestic and industry sectors (such as overstocked or damaged customer returns from retail, demolition waste from construction sites, decommissioning of alternative energy projects, health care waste, household clothing, packaging and furniture, etc.).

Classification of PVC as hazardous waste under RCRA would impact nearly every segment of society, including households and a variety of industries, such as energy, automotive, agriculture, transport, health care, water utilities, construction and many others. A hazardous waste classification would bring PVC and PVC-containing products and materials under the full spectrum of the EPA’s hazardous waste regulations, as well as the U.S. Department of Transportation’s (DOT) hazardous materials regulations.[7] This action would undoubtedly lead to a host of stringent regulatory obligations that would increase the cost of compliance for securing permits and the cost required to classify, store, handle, and transport waste for recycling or disposal under existing law.  

A “hazardous” designation would also create a series of complex regulatory responsibilities and legal burdens across the value chain, from manufacturing to end of life, including liability under the Comprehensive Environmental Response, Compensation, and Liability Act (commonly known as CERCLA or “Superfund”). It also complicates and potentially stigmatizes post-use circular pathways such as repurposing, reselling, recycling, recovery, and other circular approaches for any product or material that contains PVC. This results in the generation of more waste, which is in direct conflict with the nation’s zero waste goals and circular economy initiatives. Additionally, passive receivers of PVC, including those in downstream industries such as landfills, recyclers, and wastewater treatment facilities, would shoulder not only the economic burden to manage and treat the waste received, but also the legal burden and liability of CERCLA.

The Resource Conservation and Recovery Act is a “Cradle-to-Grave” Statute

The pending petition is asking for a ruling under RCRA, the federal statute governing the management of hazardous waste. RCRA is the “cradle to grave” mechanism for the EPA to control hazardous and solid waste, from generation to transportation, treatment, storage, and disposal. The primary objective of RCRA is the protection of human health and the environment while encouraging the conservation and recovery of valuable materials. Generally, RCRA applies to hazardous waste or solid waste that, among other things, is “abandoned,” “recycled,” or “disposed of,” which is defined as “the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.”[8] 

Pursuant to RCRA Subtitle C, Congress granted the EPA authority to regulate hazardous wastes. The EPA may address past or current violations of RCRA by 1) assessing a civil penalty, 2) requiring compliance immediately or within a specified period of time, or 3) by commencing a civil action in federal court.[9] Companies are also subject to civil suits brought by private parties.[10] 

The RCRA statutory definition and the EPA regulatory definition of hazardous waste do not always include materials intended for recycling, reclamation, or recovery. The EPA framework for determining whether a material is a solid waste hinges not only on the characteristics of the material, but also on the manner and methodology by which the material is managed. For recycled materials, the RCRA jurisdiction is complex, and the history of legal decisions related to these definitions is extensive.

Navigating the Complex Definitions of a Hazardous Waste 

In order to appreciate the significance of a hazardous waste designation, it is critical to first define and understand the complicated differences between the regulatory and statutory definitions of a “solid waste.”

Under RCRA, the definition of “solid waste” serves as the foundation for the hazardous waste management system. According to this statutory definition, solid waste is very broadly defined and is not contingent on the physical form of the material (i.e., whether a material is solid as opposed to a semi-solid, liquid, or gas), but rather if the material is designated as “waste.” Thus, a solid waste by definition includes solids, sludges, liquids, semisolids, or contained gaseous materials.[11] The statute defines solid waste as “any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, commercial, mining, and agricultural operations and from community activities.”[12] Thus, RCRA defines hazardous waste as “a solid waste, or a combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may, among other things, pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.”[13]  

The bedrock of the EPA’s regulatory program is the agency’s definition of “solid waste.”[14] A solid waste, according to the EPA, is any discarded material that is abandoned, inherently waste-like (i.e., dioxin-containing listed wastes), recycled (used, reused, or reclaimed) or meets the definition of waste military munition.[15] Materials that are not captured in these specified categories are not subject to hazardous waste regulations. In other words, in order to be deemed a hazardous waste, a material must first meet the EPA’s definition of a solid waste.[16] If a waste is considered solid waste, the generator must then determine if it is hazardous waste (Figure 1).[17]

Figure 1 — The EPA’s Hazardous Waste Identification Process

 

Wastes are subject to the EPA hazardous waste management system if they are specifically “listed” in Title 40 of the Code of Federal Regulations (C.F.R.) (part 261.30 subpart D); if they exhibit one of four “characteristics,” which include “ignitability,” “corrosivity,” “reactivity,” and “toxicity;”[18] or if they have been listed or defined as a hazardous waste and not otherwise excluded from the definition of a hazardous waste.[19] The criteria for listing hazardous waste can only be achieved if the solid waste meets at least one of the specified criteria. For toxicity, the waste must be deemed capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of through a failure to address all eleven required factors under 40 C.F.R. § 261.11(a)(3).

Discarded PVC may be classified as hazardous waste under RCRA if it leaches specified toxic constituents in excess of the toxicity characteristic leaching procedure (TCLP) regulatory limit for any contaminant (identified by a hazardous waste “D” number) listed in Table 1 of 40 C.F.R. 261.24. PVC may contain RCRA hazardous constituents such as vinyl chloride monomer (toxicity characteristic level of 0.2 milligrams per liter) as well as certain metals like barium, cadmium, and lead. Compounds listed in Appendix VIII to 40 C.F.R. part 261, which also includes all compounds that have D- and/or U- listed numbers, are hazardous constituents. “U” number wastes listed in 40 C.F.R. 261.33 are substances that are hazardous wastes when they are discarded commercial chemical products, off-specification species, container residues, and spill residues thereof. Wastes containing hazardous constituents are not automatically regulated as hazardous waste.

Understanding the Vital Role PVC Plays in Modern Life

PVC [20], or vinyl, is one of the oldest and most researched thermoplastic polymers, and its chemistry has been understood since the end of the 19th century.[21] PVC is produced mainly via ethylene and chlorine through the polymerization of vinyl chloride monomer (vinyl chloride). The high economic significance of PVC comes from its low production costs as well as its favorable characteristics, the most important of which include a long lifespan and attractive mechanical, electrical, chemical and thermal resistance properties. In its basic form, PVC is a hard and brittle compound. However, due to its polar nature, it is oftentimes compounded with a wide range of additives to achieve various mechanical and chemical properties. After the addition of these various additives, PVC is converted into durable products such as pipes for water supplies and sewers, electric cable coverings and construction materials, consumer goods, packaging, medical devices, and other materials and products that keep society safe and support daily living.

The most important type of additives in PVC are plasticizers that provide a greater degree of flexibility, enabling the use of PVC in many different applications (e.g., flooring, clothing, or medical gloves). PVC releases hydrogen chloride at temperatures above 60 °C, so heat stabilizers made from metal compounds are also often added. Other stabilizers used include lubricants, acid scavengers, flame retardants, pigments, fillers, and impact modifiers.

The PVC compounds with the greatest short- and long-term strengths are those that contain no plasticizers and a minimum of compounding ingredients. This type of PVC, known as PVC-U, is a rigid and cost-effective plastic with high resistance to impact, water, weather, chemicals, and corrosive environments. Rigid PVC products that have high transparency are often used in construction materials such as day-lighting, transparent partitions for clean rooms, corrugated panels, solar panels, or wind turbine blade cores. Due to its high polarity and compatibility with a variety of other high-performance PVC plastics, PVC-U can be mixed with other plastics to form polymer alloys (resins or modifiers such as ABS, CPE, or acrylics) and produce compounds that improve impact resistance and toughness. This material is known as modified PVC.

Flexible or plasticized PVC compounds exhibiting a wide range of properties can also be produced by the addition of plasticizers, which act like lubricants — resulting in a much clearer and flexible plastic known as PVC-P. Since rubber-like elasticity or the pliable texture of leather is obtainable, flexible PVC is used for packaging, hoses, automobile parts, synthetic leather, and consumer surfaces. Chlorinated PVC, or PVC-C, has a higher chlorine content that imparts high durability, chemical stability, and flame retardancy, meaning it can withstand a wider range of temperatures. Oriented PVC (PVC-O) reorganizes the amorphous structure of PVC-U into a layered, bi-axially oriented direction in order to enhance physical characteristics such as stiffness, fatigue resistance, a lighter weight, etc.

PVC’s Unique Properties Are Critical to Decarbonization and Energy Transition Strategies

The molecular structure of PVC is comprised of continuous carbon-carbon single bonds in the main chain, resulting in a polymer that is chemically stable and resistant to acid, alkali, and almost all inorganic chemicals. Because the chlorine atom is bound to every other carbon chain, PVC is highly resistant to oxidative reactions and can therefore maintain its performance for a long time without succumbing to deterioration or corrosion (reactions often triggered by repeated recycling). PVC is also durable and its superior tensile strength and resistance to shock and abrasion affords a service life up to 110 years.[22] Due to its dielectric strength and low thermal conductivity — which means it resists heat transfer — PVC is an excellent electrical insulating material and a critical component of electrification as a decarbonization and energy transition strategy.

PVC contains more than 50% of chlorine with an oxidation index of ≥45, making it inherently fire resistant, even in the absence of fire retardants. PVC’s ignition temperature is as high as 455°C, considerably decreasing its risk of catching fire. Other noteworthy properties of PVC are its resistance to abrasions and tears and its highly flexible nature, even under a wide range of temperatures.

The Energy System Depends On PVC

The energy system has a central role to play in the transition to a net-zero economy. Expansion in electrification, especially in sectors such as transportation, buildings, and industry, with a simultaneous increase in the decarbonization of energy production, is a key energy transition strategy for the U.S. and relies on technologies generated by alternative sources such as the sun and wind.

Hydrocarbons, the building blocks for plastics such as PVC, are critical minerals that serve as the source of both energy and materials. Every technology and technology component required for electrification and decarbonization requires hydrocarbon inputs like PVC — making it one of the most widely used and most trusted electrical materials. We derive most, if not all, of the advanced materials for wind, solar, electric vehicles (EVs), batteries and countless other vital technologies from hydrocarbons.[23]

Aligning with the nation’s electrification and decarbonization strategies requires the use of PVC not just in wind turbines, solar panels, and EVs, but across the entire transmission and distribution network, which connects energy producers to energy consumers and our nation’s power grid. The interconnected network for electricity delivery will require PVC for insulation, shielding, safety, strength, and protection across the nation’s power stations, electrical substations, and homes and businesses. All of this means plastics like PVC will be pivotal in meeting global climate targets and sustainability goals.

The Many Applications and Uses of PVC 

Since the beginning of industrial PVC synthesis in the early 1930s, PVC has undergone continuous improvement, and its production volume has constantly grown.[24] As a result, it now ranks as the third most important plastic in the world.[25] PVC is one of the most widely produced synthetic plastic polymers globally and is used extensively across a broad range of industrial, technical, and everyday applications (Figure 2)[26] with a wide variety of uses (Figure 3). It is used extensively in clothing, shoes, plumbing materials, building materials, health care applications, electrical conduits, electronics, furniture, luggage, sporting equipment, credit cards, consumer packaging, children’s toys, and many other household goods. In the U.S., most of the 10 billion lbs. of vinyl resin produced annually is used to make durable goods — including approximately 5 billion lbs. for water infrastructure (PVC pipes) with a service life in excess of 100 years.[27]

Compared to other commodity plastics or materials such as copper, aluminum, or steel, PVC consumes less primary energy during production.[28] Since PVC is made from common rock salt (57%) and hydrocarbons from oil or natural gas (43%), it is far less dependent on fossil fuels and has a lower carbon footprint compared to other major thermoplastics.[29]

Figure 2 — 2021 Production & End-Use Sales of PVC in the U.S. and Canada

 

Figure 3 — Common Uses of PVC in Everyday Life

 

Global production volume of PVC resin in 2018 was 44.3 million metric tons,[30] and the global demand continues to increase by an average of 3% per year, with higher growth rates in developing countries.[31] In the U.S., about 15.4 billion lbs. (7 million tonnes) of PVC resin are produced every year.[32] The annual consumption in the U.S. and Canada totals about 13 billion lbs. (5.9 million tonnes) and accounts for approximately 12% of plastic resins sold and used in the U.S. and Canada.[33] The U.S. exports approximately 2.4 billion lbs. (1.1 million tonnes) of PVC resin around the world annually, which accounts for approximately 35% of total sales, making it an important contributor to the U.S. economy.[34]

PVC is a Vital Component of Many Major Market Sectors

PVC's versatility and adaptability stems from its molecular structure. This structure allows for many different blends of ingredients that provide a range of properties, enabling the PVC industry to respond to the commercial and technical needs of various market sectors.

For example, over 40,000 North American water utilities use PVC pipe, and more than 1 million miles are in service — or about 78% of all new drinking water distribution pipes installed on the continent.[35] To ensure safety to public health, some 10 million quality control tests have been conducted on water carried through PVC pipes since it was introduced in North America and around the world.[36] PVC plumbing products have been certified to meet rigorous NSF International standards under the NSF / ANSI / CAN 61 standard, the legally recognized national standard in the U.S. and Canada for human health effects for drinking water contact materials, components, and devices in conformance with the EPA’s safety regulations.[37] Rigid PVC pipes and fittings certified by NSF do not contain phthalates or phthalate plasticizers. Additionally, PVC’s corrosion resistance and durability help reduce water main and sewer breaks in extreme temperatures, conserving water and reducing risks to the drinking water supply.

Plastic is the second most commonly used material in vehicles after metals, thanks to several valuable technical properties, such as impact strength, thermal insulation, noise reduction, and corrosion resistance. These properties all make plastic an optimal material to be used in vehicles. In fact, an average vehicle now has over 1,000 plastic components and 39 types of plastic chemistries, representing 50% of car volume and 12%-15% of mass.[38] PVC accounts for ~9%  of these totals, and is used in instrument panels, electrical cables, pipes, wiring, vinyl coverings, doors, etc.[39] The use of plastics in the car manufacturing industry presents several advantages, such as a vehicle mass reduction, which leads to lower fuel consumption and a decrease in emissions of greenhouse gases. For example, lowering the overall weight of a gasoline-powered vehicle by 10 kg can cut 1 g/km of CO2 emissions, totaling 480 kg of CO2 cut over its lifetime (based on a maximum life expectancy of up to 161,000 km). [40]

Plastics used in lightweight EVs will continue to increase as a way to offset the weight of lithium-ion batteries and improve fuel efficiency. Additionally, the electric powertrain creates different hazards than a combustion powertrain and demands higher safety measures to prevent electric malfunctions — which can increase the risk of electric shock, the occurrence of electric arcs, sparking, and other potential sources of ignition. PVC components and coatings for electrical and heat insulation create a barrier around the conductive metal wiring and can also help prevent fires by dissipating heat buildup in wiring.

For decades, polymer liners and geomembranes made with PVC have been used in all types of water and waste containment applications, including wastewater treatment lagoons, coal ash ponds, stormwater management systems, aquaculture, irrigation ponds/canals, and for preventing groundwater contamination by separating landfill contents from the surrounding ecology. It is one of the most trusted materials for the containment of water, chemicals, and waste due to its high resistance to chemical degradation, durability and flexibility, low permeability against waste fluids or leachate, and its ability to maintain performance throughout a long service life spanning multiple decades.

The COVID-19 pandemic caused a surge in the demand for plastics and emphasized the necessity of polymers in health care. PVC-containing medical products — including tubing for infusion, injection, respiration and fluid suction, masks, isolation units, gloves, IV and blood bags, and more — were used to protect frontline workers, patients, and the public. Today, PVC is the preferred and most used polymeric material in health care,[41] with more than a quarter of medical polymer products made of PVC. Its superior and proven performance characteristics, regulated for safety by the U.S. Food and Drug Administration (FDA), make it a critical material in the medical and health care industries.

Current Regulations Already Reflect General PVC Concerns

Concerns with PVC cut across its life cycle, from production to end of life, and cover a range of human health and environmental risks such as leaching and migration into the air, water, and food chain. Like many other materials in circulation today, the manufacture of PVC involves the use of potentially hazardous chemicals. Several substances used in some PVC compounds are, in fact, components listed as hazardous constituents in RCRA Appendix VIII[42] and are accordingly regulated and managed under existing regulatory frameworks.

Significant environmental, health, and safety concerns triggered by the manufacture of PVC include emissions to air and water and exposure of plant operators to vinyl chloride monomer in the workplace. The EPA has classified vinyl chloride as a known human carcinogen and vinylidene chloride as a possible human carcinogen.

In the U.S., manufacturing operations are highly regulated through various programs and standards administered by a number of federal agencies. The Occupational Safety and Health Administration’s (OSHA) vinyl chloride standard controls regulate employee exposure and apply to the manufacture, reaction, packaging, repackaging, storage, and handling or use of vinyl chloride or polyvinyl chloride.[43] The production of PVC has been regulated under the Clean Air Act via the National Emission Standard for Vinyl Chloride[44] since 1976 to minimize vinyl chloride emissions from processes and fugitive emission sources to the level attainable with the best-available control technology. New and existing sources of emissions have been regulated through the National Emissions Standard for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production since 2015.[45] These rules establish emission limits and work practices for process vents, process wastewater, stripped resins, equipment leaks, storage vessels, and heat exchange systems located at PVC production facilities. As the latter rulemaking demonstrated, residual vinyl chloride monomer concentrations in resin decreased between 1976 and 2012. The Maximum Achievable Control Technology standard and performance criteria will continue to drive further decreases of emissions during production.

Since 1987, vinyl chloride ambient emissions declined by more than 86% per pound, and residual vinyl chloride levels were below 1 part per million (ppm) on a weighted industry average basis for all PVC resins.[46] The overall average of residual vinyl chloride monomer in PVC resin continues to decline compared to 2000.[47] A report by NSF International found that there was no detectable vinyl chloride monomer (detection level 0.1 mg/kg) in 86% of the PVC pipes sampled and in 88% of the PVC fittings sampled.[48] According to the EPA's Second Six Year Review of Drinking Water Contaminants, the minimum detection limit for test method 502.2 for vinyl chloride is 0.18 ug/1.22.[49] PVC waste is regulated through various programs under RCRA, and the transport of certain PVC resins, compounds, or PVC-containing products along the PVC value chain is regulated through the U.S. DOT, Pipeline and Hazardous Materials Safety Administration (PHMSA).[50]

Specific PVC Health and Environmental Risks Can Be Difficult to Measure

Before PVC resin can be made into products, it is compounded, or combined, with a range of additives to achieve desired properties and functionality. Achieving different PVC mechanical or performance properties requires the use of regulated and unregulated concentrations of chemical additives, including heat, light, and other stabilizers, nucleating agents, colorants, antioxidants, anti-statics, and lubricants or phthalate plasticizers, some of which contain hazardous substances that carry different environmental and health risks.[51] These additives and the concerns regarding human and environmental health are one of the main sources of contention in the use and disposal of PVCs.

For example, Bis(2-ethylhexyl) phthalate (DEHP), the most common PVC plasticizer used to impart specific qualities such as flexibility, pliability, and elasticity, accounts for nearly 40% of the global plasticizer market[52] and has come under increased scrutiny as its breakdown products are believed to be linked to a variety of detrimental ecological and human health risks. The EPA has listed DEHP as a priority pollutant[53] and classified it as a Group B2, probable human carcinogen.[54] Since 2007, there has been a ban in the EU on DEHP and several other plasticizers. In 2017, the U.S. Consumer Product Safety Commission (CPSC) banned the use of eight phthalate chemicals in childcare products and children’s toys, including DEHP.[55] Although the Chronic Hazard Advisory Panel of the CPSC acknowledged in their report that DEHP and other phthalates are under scrutiny for their reprotoxic and endocrine-disrupting effects, the scarcity of publicly available information on the release potential and bioavailability of other additives, makes it impossible to fully assess their migration risk.[56] Additionally, the overall level of uncertainty in the analyses on phthalates and phthalate alternatives varied for each compound. For some compounds, there was a lack of information for assessing either the hazard or the exposure, or both, leaving large data gaps and uncertainties. The CPSC concluded that without such information, it is difficult to properly employ exposure modeling tools to complete a thorough exposure characterization for risk assessment.[57]

According to the FDA, “there have been no studies to date which show any causal link between human dietary exposure to phthalates and adverse health effects. Both the Centers for Disease Control and Prevention and the National Institutes for Health believe that there is not enough data on the topic to decide whether low levels of phthalate exposure have any potential to cause problematic health effects in humans.”[58]

The EPA has already assessed many substances through the Integrated Risk Assessment System (IRIS) program, including vinyl chloride and heat stabilizers such as barium, cadmium, and lead. IRIS identifies and characterizes the health hazards of chemicals found in the environment and is an important source of toxicity information used by the EPA, state and local health agencies, other federal agencies, and international health organizations.[59] Even in scenarios when researchers hypothesize extreme exposures from phthalates (e.g., in building products), due to the unique properties of high phthalates, the predicted exposure levels are hundreds or thousands of times below the safe level established by regulatory authorities.[60] After years of study, the U.S. FDA in 2022 denied a petition to de-authorize the use of ortho-phthalates in food contact applications (such as PVC food packaging), concluding exposures fell within long-established safety levels.[61] Other research published in 2021 found the current regulatory safe limits for phthalates may not be safe[62] and could lead to a diverse array of health impacts.[63] Research also shows that the estimated economic cost of phthalate exposure to society in the U.S. is $39-$47 billion annually.[64]

Between 90% and 95% of all phthalates are used as plasticizers for the production of flexible PVC.[65] There is a general assumption that all plasticizers compounded in vinyl are phthalate esters, but there exist many other non-phthalate plasticizers approved by the FDA that are used in flexible vinyl formulations. Roughly 80% of all vinyl material produced in the U.S. is rigid and does not contain any plasticizer, while the remainder employs many different types of the nearly 100 plasticizers available, including phthalate and non-phthalate varieties.[66] High-molecular-weight phthalates are not classified as hazardous, are widely available, and have replaced low-molecular-weight phthalates.[67]

Voluntary Elimination of Problematic Additives Has Reduced Many Consumer Concerns

In general, additives of concern have been voluntarily replaced with safer materials in response to customer demand. Further, with the advent of alternative stabilization technologies, the current manufacturing and compound formulation of PVC in the U.S. has largely eliminated the use of lead, cadmium, or barium as heat stabilizers, except for a limited number of specialty applications and some imported vinyl products.[68] In Europe, cadmium stabilizers were phased out in 2001 and lead eliminated in 2015. In the early 1980s, the U.S. and Canadian vinyl industry began a stewardship program aimed at implementing alternative stabilization technology to eradicate the demand for stabilizers that contain metals, such as lead or cadmium. For cadmium, this initiative was completed around 2000, and for lead in 2006.[69] 

PVC mixtures are often classified as non-hazardous based on the argument that the additives are bound in the polymer matrix and do not migrate. Numerous studies suggest[70] — and a 2022 report issued by the European Commission determined — that the vast majority of additives are not covalently bound to the polymer and can therefore leach significant concentrations of additives out of the polymer matrix as they deteriorate with age, causing negative effects to human health and the environment.[71] Although there is no covalent bond between the additives and the PVC, weaker liaison forces (e.g., van der Waals forces) are present and, in the large majority of cases, the migration or evaporation of substances from the polymer matrix has been found to be very low, if not negligible.[72]

Not only is there is a dearth of concrete data about the migration rates and potential for many additives, migration is contingent on several factors such as the solubility of the additive in the polymer matrix, the size of the additive molecules, the temperature, the concentration of the additive, and the type of polymer matrix. For instance, migration rates can vary significantly between flexible and rigid PVC. Similar to other flexible polymers, e.g., polyethylene, flexible PVC contains plasticizers which loosen the interaction between polymer chains and hence increase diffusion speed through the polymer matrix.[73] In contrast, diffusion of substances in rigid PVC is much slower, similar to other rigid plastics like PET.[74] It is therefore challenging to make general assumptions or draw definitive conclusions about the migration of a substance. Various studies from FABES[75] — an accredited testing institute in foodstuff, pharmaceutical, and cosmetic packaging — demonstrate that the migration of additives in PVC is very low and that plasticizers, if released in a landfill, quickly biodegrade.[76]

What Changes Would a RCRA Hazardous Waste Classification Trigger?

PVC waste generation occurs throughout the entire life cycle of its production, use, and post-consumer end-of-life pathways. In addition, the ubiquity of PVC in various applications and uses across a multitude of industries — including health care, construction, water transmission, schools, and others — means that listing PVC as RCRA-regulated waste could have wide-reaching impacts.

PVC should not be characterized as a single product, substance, or mixture, as PVC resin formulations and specifications vary widely depending on use and application in specific industries. There are over a hundred unique PVC resins produced in the U.S. that are used in thousands of PVC compounds for the myriad applications used to manufacture PVC products.[77]

Currently, PVC and PVC-containing items are often recycled or discarded by both households and commercial entities as general trash in municipal solid waste (MSW) or C&D (construction and demolition) landfills. If discarded PVC products are designated as RCRA hazardous wastes, they would no longer be managed in solid waste landfills along with other municipal or C&D debris. Instead, PVC waste would require an entirely new regulatory framework and waste-handling/product stewardship protocols that span the entire life cycle.

Aside from the more obvious uses of PVC in packaging as well as its use in building and construction (windows, flooring, piping, cables, wiring, etc.), PVC is integrated into a variety of everyday products and commodities that convey a range of benefits for society: solar panels, wind turbines, energy storage systems, batteries, EVs, laptops, cell phones, other consumer electronics, and more. A RCRA hazardous waste designation would mean that anyone who generates, stores, transports, or otherwise manages discarded PVC, including companies that dispose of or recycle PVC items, would be subject to the complex array of RCRA’s waste management framework implemented through the EPA and, to varying degrees, DOT/PHMSA and OSHA. All generators, transporters, and owners/operators of storage, treatment, and disposal facilities of “discarded PVC” would be required to comply with permitting obligations; implement manifest systems to track cradle-to-grave activities; follow record-keeping and reporting protocols; conduct training; and comply with storage and transport requirements, among other responsibilities (Figure 4).[78]

Figure 4 — Current Federal Hazardous Waste Regulatory Obligations

 

Because PVC and PVC-containing materials are so prevalent, classifying the material as hazardous waste would change most company’s “generator status” under RCRA Subtitle C, while also subjecting generators, transporters, and owners/operators to stringent rules on handling, transport, and disposal. This adds costs to permitting, including expenses for administrative overhead, training, disposal, and overall program/project management. If a generator of PVC waste produces over 220 lbs. per month, there are on-site accumulation and storage time limits as well as transport quantity limitations per shipment. Additionally, the EPA must be notified and an EPA ID Number issued that enables regulators to track the waste from its origin to final disposal. Hazardous waste generators must have an ID Number before a registered hazardous waste transporter will accept the waste for shipment. Shipments of regulated hazardous waste can only be routed to permitted treatment, storage, and disposal facilities or to recyclers qualified to manage RCRA-classified waste. Compliance with all applicable DOT permits and regulations for hazardous materials, including the use of a uniform hazardous waste manifest, is required.[79] Under current regulations, any dismantling or removal of parts or components from PVC-containing devices or equipment is defined as “treatment”14 and requires a permit with the EPA.15

Current regulations require waste generators (i.e., handlers, installers, shippers, storage facilities, and manufacturers) to conduct a “hazardous waste determination” assessment that establishes whether toxic substances are present and, if so, in what quantities.[80] If PVC was classified as a hazardous waste, generators would have to determine if their PVC meets the legal definition of a hazardous waste either through testing or “generator knowledge.”[81] The EPA requires the use of the Toxicity Characteristic Leaching Procedure (TCLP) to determine if a waste exhibits the characteristic of toxicity under RCRA.[82] Testing to determine if something is deemed “hazardous” under federal law can cost anywhere from $700 to $1,500. A representative sample of each waste stream is required to be tested (i.e., each solar panel, unless a generator has the same model/manufacturer that can apply to all units). Because certified laboratory analytical testing is costly, many generators opt to accept default hazardous waste classification using “generator or process knowledge”12 to avoid testing and the risk of fines. Given the extensive occurrence of PVC in various uses and applications across many industries and sectors, it is likely that entities managing end-of-life PVC and PVC-containing materials would need significant training to understand and navigate the labyrinth of regulatory obligations that a hazardous classification entails, as well as time to comply with obtaining permits and other regulatory requirements.

The regulatory risk and new liability exposure for firms should not be underestimated. Companies could be subject to enforcement actions and penalties brought by the EPA or private citizen suits for improperly disposing of PVC material. For example, in the event that PVC gear, piping, components, or PVC-containing equipment or products break free or are damaged due to a punctuated event or storm activity, and cannot be recovered, under RCRA, these materials could be deemed “inherently waste-like,” “disposed of” or “abandoned.” Decommissioning practices for PVC piping used as casing for groundwater monitoring wells in contaminated site investigation are typically closed-in-place at the completion of investigation or remediation activities, in conformance with local, state, and federal regulations. Similarly, PVC used in wastewater utilities oftentimes remains in place when upgrading a line.

The RCRA hazardous waste listing of PVC could alter operational practices, as such activities could be interpreted as “disposal” of a hazardous waste. General contractors could be liable for soils or C&D debris (roadwork material, excavated material, demo waste, construction/renovation waste, and site clearance waste) previously sent to landfills or other forms of disposal. Contractors who may have unknowingly interacted with any of the numerous PVC products on projects during demolition, earthmoving, or dewatering activities[83] could also be held liable.

Passive receivers of PVC, including those in downstream industries such as landfills, recyclers, and wastewater treatment facilities — who are not a part of the PVC manufacturing supply chain — will ultimately assume the legal burden and liability of CERCLA, which could result in significantly increased costs for essential public service providers and the communities they serve.

A RCRA Hazardous Waste Classification Could Impact Zero-Waste Initiatives and Circular Economy Goals

The zero-waste approach seeks to conserve resources by means of responsible production and consumption, reuse, and recovery of products, packaging, and materials with the hierarchy of materials management as its foundation (Figure 5). It aims to maximize recycling, minimize waste, divert waste from landfills and incinerators, and ensure that products are designed to be reused, repaired, or recycled back into the ecosystem or the marketplace.[84]

Figure 5 — The Hierarchy of Materials Management

 

Similarly, a circular economy offers a regenerative framework for creating long-term economic prosperity and improved natural and human systems through resource efficiency across the entire value chain by: 1) designing out waste; 2) keeping products and materials in use for as long as possible and at an economic value; and 3) creating regenerative natural systems (Figure 6).[85] 

Figure 6 — Elements of Circular Systems

 

Because PVC has been used in many industrial, commercial, and household products with long lifespans, it is likely to be present in many different waste streams and thus subject to various end-of-life treatments. For many years, consistent with the principles of a circular economy, upstream production residues have been managed as a resource and integrated back into production processes while downstream post-life/post-consumer PVC materials have been recycled into new products. More recently, the PVC industry has become active in organizing collection systems across the value chain to enable greater recovery and service life. These activities are aligned with the foundational principle of a circular economy — keep the molecule in play and at an economic value for as long as possible while allowing for the preservation of raw materials.

One concern raised regarding the impact of new regulations on a circular economy is the possibility that potentially hazardous substances would be reintegrated into the supply chain — shifting the risks of potentially deleterious substances to new products and the next life. Although a number of PVC-containing compound formulations with additives such as heavy metal-based materials are used to protect products from thermal degradation, they were phased out of all virgin products years ago. However, due to PVC’s durability and longevity, some legacy additives are still in service and may be present in material reaching its end of life. Thus, the challenge in establishing a circular system arises at the end of life, as reuse of PVC waste will depend on the ability to identify and segregate newer or non-additive PVC waste streams from legacy PVC waste, which may contain undesirable substances. A complicating factor is that although some countries have prohibited low-molecular-weight phthalates or specific additives in production, controlling imports that may contain additives has proven to be a challenge. This is particularly true in the case of China, the world’s largest producer of PVC.[86]

Treatment and removal of additives or legacy substances from PVC before it reenters the material cycle can balance the policy goals of a circular and zero-waste environment However, current recycling and decontamination processes that remove legacy and other additives in PVC are limited; therefore, it may be difficult for some categories of PVC recyclate to reach true circular status.

Current industry practices manage legacy and other additives in PVC products at the end of life under the existing regulatory framework. Those products and materials that make their way to the recycling stream prioritize limiting exposures by routing to the least exposed applications, e.g., discarded medical IV bags that contain DEHP are recycled into flex sheet with tile. Likewise, the European Chemicals Agency supports the recycling of PVC containing lead in low-exposure applications such as three-layer sewer pipes or as a middle-layer in window frames (as preferable to incineration or landfilling).

It is important to note that chemical recycling (advanced recycling) of PVC waste through the use of thermochemical or chemical processes to depolymerize materials, is currently not carried out at an industrial scale due to technological and economic challenges. In addition, most ongoing advanced recycling initiatives do not focus strongly on PVC. However, research on various forms of advanced recycling of PVC using dissolution, gasification, selective microwave pyrolysis, etc. is promising and growing steadily.[87]

In general, the biggest advantages of chemical recycling over conventional mechanical recycling include removing problematic or hazardous substances and contaminations from the cycle and recycling mixed-plastic waste, which creates the possibility of reusing the resulting products as feedstock. All of these actions ensure materials remain safely in use, at a viable economic value that supports a circular economy.

Although the PVC industry has demonstrated how additives can be safely managed when the recyclates containing them are re-used within new articles, ensuring market and social acceptance and uptake of products made from PVC recyclate hinges on the assurance that legacy additives either have already been treated and removed or that they have been deemed safe for reuse.[88] It is not uncommon for hazardous or toxic materials to be recovered, recycled, and reused in similar applications or for other uses. As an example, batteries contain a variety of toxic heavy metals (e.g., mercury, cadmium, and lead) that can be recovered and recycled through the use of smelting, electrolysis, and other processes that separate out the impurities, enabling secondary use in other applications and industries (e.g., automotive, consumer electronics, marine, industrial, etc.).

A Hazardous Waste Designation Could Jeopardize Beneficial Recycling Activities

If materials and products within the PVC value chain were determined to exhibit the characteristics of hazardous waste, exceed regulatory thresholds, or are deemed unfit for recirculation, such materials would be managed under the rigor of the current regulatory framework. Regardless of the existing requirements for identifying and managing a federal hazardous waste that many generators and operators already comply with, the very nature of a “hazardous” classification for PVC could place beneficial reuse and recycling activities in jeopardy and further complicate circular efforts. The perception of a toxic designation for PVC could impede post-use circular economy pathways and disincentivize life extension options such as repurposing, reselling, recycling, and recovery due to the stigma and related costs, liabilities, and regulatory obligations associated with managing a hazardous waste. This would result in the generation of more waste that would be landfilled, incinerated, or exported to secondary markets — a direct contravention to the nation’s zero-waste goals and circular economy initiatives.

The Impact on End-of-Life Pathways for PVC-containing Products Could Be Significant

Recycling of pre- and post-consumer vinyl materials has thrived for decades, with the amount of recycled PVC increasing steadily over the past 20 years.[89] In the U.S. and Canada alone, 1.1 billion lbs. of vinyl were recycled in 2020, including 150 million lbs. of post-consumer materials, a 40% increase since 2014, and 100 million lbs. over and above the amount recycled in 1998.[90] This represents a PVC recycling rate of about 35%.[91] According to the EPA, around 1.9 billion lbs. (0.95 million tons) of vinyl products are landfilled in the U.S. annually.[92] For context, in 2018, 146.1 million tons of MSW were landfilled, with food waste representing the largest share at 24.14% (over 35 million tons). Plastics accounted for 18.46% (almost 27 million tons) of landfilled MSW, of which less than 3% was PVC (a very small percentage of the 1.9 billion lbs. landfilled annually).[93] From 2015 to 2019, the amount of PVC that was landfilled decreased by 100,000 lbs[94] and is gradually decreasing with improvements and investments in innovative recycling technologies across the 100 vinyl recyclers in the U.S. and Canada.

Although PVC and PVC-containing goods deposited in a secure and permitted landfill pose no long-term problems for human health or the environment, they do represent loss of a valuable material resource and conflict with zero-waste and circular economy initiatives. The majority of PVC products are long-life. As a result, the quantity of used PVC items entering the waste stream is still relatively small compared to the PVC still in use and accounts for less than half the production of PVC products.[95] However, this situation will change over time as greater numbers of PVC products approach the end of their useful economic lives and begin to slowly enter the waste stream.

More Research into Alternative Energy Waste is Needed

PVC resin and compounds are embedded into many materials and products that offer advantages in a diversified energy future, but the rather unquantified waste issue of many alternative energy technologies is understudied and underappreciated. The cumulative mass of decommissioned wind blades in the U.S. will reach 1.5 million metric tons by 2040 and 2.2 million metric tons by 2050.[96] In the U.S. alone, 10,000-20,000 wind blades are predicted to be retired annually from 2030 to 2040.[97] Although the glass/carbon fibers and the medium-density PVC foam of the internal core of wind turbine blades are difficult to recycle (due to their composite material, size, and complicated logistics), recent innovations in design and advanced recycling are underway and currently being field-tested.[98] In the meantime, turbine blades now reaching the end of their roughly 25-year lifespans are being routed to municipal landfills.

Solar photovoltaic (PV) panel waste is projected to reach 78 million tonnes globally by 2050, while the cumulative volume of solar PV waste in the U.S. is estimated to exceed 170,000 metric tons in 2030.[99] Although some panels will carry a hazardous waste designation due to the presence of cadmium, chromium, lead, selenium, silver, and other constituents, not all panels are classified as such.[100] The halogenated backsheet and mounting system of solar panels are made of PVC. Thus, a RCRA hazardous waste listing of PVC could narrow the end-of-life options and, ultimately, their final treatment and disposal.

Since recycling technologies for wind and solar are nascent and not yet commercially viable, the majority of decommissioned wind blades and solar panels (that are not federally classified as hazardous) are currently landfilled in Subtitle D non-hazardous solid waste landfills. A hazardous waste listing for PVC would bring these alternative energy technologies under the full spectrum of the rigorous hazardous waste system, shifting current management practices to Subtitle C hazardous waste landfills until recycling or recovery technologies are both technologically feasible and economically viable. Managing alternative energy technology in landfills as hazardous waste runs counter to what the industry is held up to be and will take us further away from realizing a sustainable circular economy.

Hazardous waste reuse, recycling, and reclamation can increase production efficiency, minimize environmental hazards, protect scarce natural resources, reduce the nation's reliance on raw materials and energy and provide economic benefits. By opting for recycling a hazardous material, businesses may be able to avoid the generation of hazardous waste and circumvent RCRA regulatory requirements altogether. However, the negative public perception a hazardous listing carries, the stringent application of the intricate hazardous waste management system in 40 C.F.R. parts 260 through 273, as well as the liabilities and associated costs could all deter PVC from finding an optimal second life and circular pathways.

Finding Alternatives to PVC Will Not Solve All of the Potential Regulatory Challenges

Many alternatives to PVC exist, but selecting the appropriate alternative is ultimately application- and function-specific. For example, PVC is used in construction (pipes, windows, flooring), electronics (circuit boards, conduit), health care (blood bags, tubing, packaging for disposable syringes and medical devices), food packaging (bottles, flex film), water delivery (potable, wastewater, sewage), and more — and it is important to consider the variety of different uses and needs encompassed in an application to find an appropriate alternative.

Alternatives can be broadly categorized as non-plastic materials (concrete, aluminum, copper, cast iron, ductile iron, brass, stainless steel, galvanized steel) alternative plastic materials (ethylene vinyl acetate, polyesters, various polyolefins, acrylonitrile butadiene styrene, elastomers, certain polyurethanes), or novel alternatives such as bioplastics.

If plastic alternatives are to be used, they must be economically viable, technologically feasible, environmentally sound, and commercially available. Disposal/end-of-life options, such as recyclability, must also be considered. Until a comprehensive life cycle assessment is undertaken that evaluates application-specific environmental, social, and economic impacts across the supply chain from sourcing to end of life, it should not be presumed that alternatives to PVC (or any material) are “greener” or more sustainable options. Concerns associated with PVC alternatives present many of the same obstacles currently observed with PVC (additives, leaching, and migration) and involve additional challenges such as data gaps, limited end-of-life options, greater environmental or social impacts, elevated costs, and higher energy and resource inputs for sourcing, processing, manufacturing, and transportation. The data gaps in toxicity and migration and lack of testing on function-specific applications make it challenging to ascertain the actual risks to human health and the environment across the life cycle for each use case.

The notion that the alternatives to PVC are greener or more sustainable is easily refuted by broadening the life-cycle lens and examining the upstream embodied energy of metal and mineral substitutes, all of which hinge on an extractive industry dominated by China. U.S. mining and minerals processing capacity, along with underlying geology, is severely constrained and hampered even further by a lack of domestic processing, refining, and smelting. When compared to copper, steel, and aluminum products, PVC has a much lower environmental impact.[101] Cement, copper, steel, and aluminum all require a great deal of energy to mine, process, and manufacture — which means they have a very high embodied energy compared to plastics.[102] Further, it is well documented that the majority of extractive and processing activity occurs outside of the U.S. in areas widely known for human rights violations and other negative social and environmental impacts.[103] From a geopolitical perspective, since the raw materials for PVC include salt (57%) and domestically produced hydrocarbons from oil or natural gas (43%), PVC is far less vulnerable to supply chain variabilities than thermoplastics, which are fully dependent on the global fossil fuel market or subject to vulnerabilities associated with the world metal and mineral market.

Finally, discarded PVC classified as hazardous waste could also exacerbate the current materials shortages and supply chain disruptions and produce unintended consequences as entities pursue untested PVC-free alternatives. On a life-cycle basis, the impacts for some of these PVC alternatives far exceed the impacts of a domestically sourced and manufactured PVC industry.

Conclusion: More Holistic Assessments are Needed Before the EPA Takes Action

Plastics are ubiquitous materials for everyday living and a critical resource for decarbonization strategies and a diversified energy future. In particular, PVC, with its uniquely valuable properties, has become one of the most widely used and trusted polymers in the world. At the same time, society is becoming increasingly concerned with the environmental and human health impacts associated with the production, use, and disposal of plastics. Nonetheless, the mere presence or possible presence of a hazardous substance, rather than the known presence of risk, does not justify the classification of PVC resins or PVC-containing products and materials as RCRA hazardous waste. The logic behind classifying PVC as a hazardous waste contradicts the basic principles of toxicology and risk-based evaluations (where the actual risk of a chemical is a function of the toxicity and exposure). Consistent with the existing hazardous waste framework, a solid waste, such as discarded PVC, is only regulated as a RCRA hazardous waste if the PVC resin, compound, or PVC-containing product exhibits one of the characteristics of a hazardous waste and exceeds the regulatory threshold for a listed toxic substance. 

In order to promote a sustainable circular economy, a comprehensive application of life cycle-based assessments is needed, particularly those that take an application- and function-specific approach for PVCs. A sustainable and circular polymer future requires working symbiotically across supply chains to minimize waste and create lasting value. This means that, as material innovations advance, it is equally important to partner and collaborate across supply chains and align materials with recovery infrastructure downstream to recapture value.

Once all existing research is considered, it is clear that the EPA’s decision to tentatively deny the Center for Biological Diversity petition is consistent with the existing body of scientific evidence on the safe use and disposal of PVC. Further, current solid waste practices for managing discarded PVC are already covered within the robust framework of RCRA as well as other agency programs and initiatives that prioritize protecting human health, reducing waste, and preventing environmental contamination.

However, research and investigation on the safety of PVC and other chemicals should continue in order to help close data gaps and add to the existing body of scientific knowledge. Leveraging data and science helps overcome systemic biases and achieve better policy outcomes. The mission of modern science is not only creating new knowledge, but using scientific knowledge to thoughtfully guide decisions on complex issues while addressing and elevating social issues that are important to the public.

Acknowledgement

The author thanks Lily Lee, research assistant at the Baker Institute Center for Energy Studies, for her research support.

Endnotes

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[1] “Plastic pollution is growing relentlessly as waste management and recycling fall short, says OECD,” OECD, February 22, 2022, https://www.oecd.org/environment/plastic-pollution-is-growing-relentlessly-as-waste-management-and-recycling-fall-short.htm.

[2] 42 U.S.C. §§ 6901–6992k.

[3] Section 6 of TSCA authorizes the EPA to restrict the manufacture, import, production, and use of chemical substances that are determined to pose unreasonable risks.

[4] 42 U.S.C. § 6974(a) (RCRA § 7004(a)). The law requires the EPA to respond to all petitions by soliciting public input, proposing a new rule, or denying the petition “within a reasonable time.”

[5] 5 U.S.C. §§ 551–559, 701–706.

[6] Center for Biological Diversity v. U.S. Environmental Protection Agency, et al. (Civ. No.: 1:21-CV-2210-JDB), filed in the United States District Court for the District of Columbia; EPA, “Proposed Consent Decree, Unreasonable Delay Claim Regarding Discarded Polyvinyl Chloride Listing,” Federal Register, May 5, 2022, https://www.federalregister.gov/documents/2022/05/04/2022-09542/proposed-consent-decree-unreasonable-delay-claim-regarding-discarded-polyvinyl-chloride-listing.

[7] 49 C.F.R. parts 171-185.

[8] 40 C.F.R. §§ 260.10, 261.2.

[9] 42 U.S.C. § 6928(a)(1). Civil penalties can run up to US$25,000 per day of noncompliance for each violation of a requirement under RCRA. 42 U.S.C. § 6928(a)(3).

[10] 42 U.S.C. § 6972(a)(1)(A).

[11] 42 U.S.C. § 6903(27).

[12] See 42 U.S.C. § 6901(a).

[13] 42 U.S.C. § 6903(5)(B).

[14] 40 C.F.R. part 261.2.

[15] 40 C.F.R. part 261.2.

[16] 40 C.F.R. part 261.3.

[17] 40 C.F.R. part 262.11.

[18] Specified in Subpart C of 40 C.F.R. part 261.20 through 261.24

[19] See 42 U.S.C. § 6903(5) and 40 C.F.R. § 261.3(a). 42 U.S.C. § 6902. For RCRA purposes, “hazardous waste” means a solid waste that is a hazard to human health or the environment. 42 U.S.C. § 6903(5). However, this category is actually broader since "solid waste" includes any solid, liquid, or gaseous substance, that meets the criteria of "abandoned," "recycled," or "inherently waste-like." 40 C.F.R. part 261.2. Any substance is considered "hazardous" if it is "ignitable," "corrosive," "reactive," "toxic," or specifically listed as being hazardous. 40 C.F.R. parts 261.20-.24, 261.30-.33.

[20] The European Council of Vinyl Manufacturers, “Where PVC Waste Occurs,” 2021,https://pvc.org/sustainability/pvc-recycling-in-europe/where-pvc-waste-occurs/.   

[21] Ibid.

[22] Stewart Burn et al., "Long-term Performance Prediction for PVC Pipes," The Water Research Foundation, Report 91092F, August 11, 2005, https://www.waterrf.org/research/projects/long-term-performance-prediction-pvc-pipes. 

[23] Michelle Michot Foss, “Minerals and Materials for Energy: We Need to Change Thinking,” Policy brief: Recommendations for the New Administration. 01.24.21. Rice University’s Baker Institute for Public Policy, Houston, Texas, 2021, https://doi.org/10.25613/qw8k-zn61.   

[24] Krzysztof Lewandowski and Katarzyna Skórczewska, “A Brief Review of Poly (Vinyl Chloride) (PVC) Recycling,” Polymers 14, no. 15 (2022): 3035, https://doi.org/10.3390/polym14153035. 

[25] Plastics Europe, “Plastics the Facts, An Analysis of European Plastics Production, Demand and Waste Data,” Plastics Europe: Brussels, Belgium, 2021.

[26] ACC (American Chemistry Council), The Resin Review, 2022.

[27] The Vinyl Institute; 2017 Tarnell Company LLC Recyclers Survey; American Chemistry Council 2015 Resin Report; EPA SMM Report.

[28] John D. Wagner, “7 Myths About PVC — Debunked,” n.d., https://www.carlislesyntec.com/dfsmedia/c9a15d476f364981b1124520f6258acf/8965-source; Vinyl Council Australia, “Vinyl Material and Thermal Efficiencies,” https://www.vinyl.org.au/design-benefits/material-thermal-efficiencies.  

[29] Vinyl Plus, “PVC Recycling Technologies,” vinylplus.eu/wp-content/uploads/2017/02/VinylPlus_PVC_recycling_tech_20092017.pdf.   

[30] Business Wire, “Polyvinyl chloride (PVC) production volume worldwide in 2018 and 2025 (in million metric tons),” Chart, October 24, 2018, Statista, https://www.statista.com/statistics/720296/global-polyvinyl-chloride-market-size-in-tons/. 

[31] https://pvc.org/pvc-applications/?_gl=1*1wlzpd*_ga*MjcwNDgyNDUxLjE2NzI5NzY0NDI.*_up*MQ.

[32] ACC, The Resin Review, 2022.

[33] ACC, The Resin Review, 2022.

[34] ACC, The Resin Review, 2022.

[35] PVC Pipe Association, “PVC Pipe: Safe and Beneficial to Public Health,” https://www.uni-bell.org/About-Us/Public-Health.

[36] Jeremy Brown, “Understanding The Safety Of Using Plastic Pipes In The U.S. Service Line Replacement Project,” Water Online, September 13, 2022, https://www.wateronline.com/doc/understanding-the-safety-of-using-plastic-pipes-in-the-u-s-service-line-replacement-project-0001.   

[37] NSF, “Health Effects Monitoring of PVC Pipe and Fittings,” May 2022, https://www.nsf.org/knowledge-library/health-effects-monitoring-of-pvc-pipe-fittings. 

[38] A. Merkisz-Guranowska, “Waste recovery of end-of-life vehicles,” IOP Conference Series: Materials Science and Engineering, 2018, https://iopscience.iop.org/article/10.1088/1757-899X/421/3/032019. 

[39] The European Recycling Industries’ Confederation, “EuRIC call for Recycled Plastic Content in Cars,”  Position paper, 2020, https://www.euric-aisbl.eu/position-papers/item/351-euric-call-for-recycled-plastic-content-in-cars. 

[40] Ibid.

[41] Krzysztof Lewandowski and Katarzyna Skórczewska, “A Brief Review of Poly (Vinyl Chloride) (PVC) Recycling,” Polymers 14, no. 15 (2022): 3035, https://doi.org/10.3390/polym14153035.

[42] Appendix VIII to 40 C.F.R. Part 261. Vinyl chloride, butyl benzyl phthalate (CASRN 85-68-7), dibutyl phthalate (CASRN 84-74-2), diethyl phthalate (CASRN 84-66-2), diethylhexyl phthalate (DEHP, CASRN 117-81-7), dimethyl phthalate (CASRN 131-11-3), di-n-octyl phthalate (CASRN 117-84-0), lead (CASRN 7439-92-1), cadmium (CASRN 7440-43-9), and barium (CASRN 7440-39-3).

[43] 29 C.F.R. § 1910.1017. The standard does not apply to the handling or use of fabricated products made of polyvinyl chloride.

[44] 40 C.F.R. Part 61 Subpart F.

[45] 40 C.F.R. Part 63 Subpart H.

[46] Letter from the Vinyl Institute, Inc., to the Director of the Office of Pollution Prevention and Toxics and the Director of the Office of Resource Conservation and Recovery (October 15, 2014), Docket I.D. EPA-HQ-OPPT-2014-0684-0006; residual vinyl chloride levels obtained through a survey taken by the Vinyl Institute for the year 2000.

[47] Updated residual vinyl chloride levels obtained through a survey taken by the Vinyl Institute through 2017.

[48] C.J. McLellan, "Test results of residual vinyl chloride monomer (RVCM) measurements from polyvinyl (PVC) pipes and fittings: 2001," (NSF International).

[49] U.S. EPA, “Development of Estimated Quantitation Levels for the Second Six-Year Review of National

Primary Drinking Water Regulations,” October 2009, https://www.epa.gov/sites/default/files/2014-12/documents/815b09005_0.pdf. 

[50] 49 C.F.R. parts 171-185.

[51] C. Campanale et al., “A detailed review study on potential effects of microplastics and additives of concern on human health,” International Journal of Environmental Research and Public Health 17, no. 4 (2020): 1212, https://norden.diva-portal.org/smash/get/diva2:1287469/FULLTEXT01.pdf.

[52] Hongdan Wang et al., “The combined toxic effects of polyvinyl chloride microplastics and di (2-ethylhexyl) phthalate on the juvenile zebrafish (Danio rerio),” Journal of Hazardous Materials 440 (October 2022): 129711, https://doi.org/10.1016/j.jhazmat.2022.129711. 

[53] 40 C.F.R. Part 423, Appendix A.

[54] EPA, “IRIS Assessments,” https://iris.epa.gov/ChemicalLanding/&substance_nmbr=14.

[55] Lisa Whitley Coleman, “PVC Under Scrutiny as Hazardous Waste,” EHS Daily Advisor, May 24, 2022, https://ehsdailyadvisor.blr.com/2022/05/pvc-under-scrutiny-as-hazardous-waste/.

[56] “Report to the U.S. Consumer Product Safety Commission by the Chronic Hazard Advisory Panel on Phthalates and Phthalate Alternatives,” U.S. Consumer Product Safety Commission, Bethesda, MD, July 2014, http://www.cpsc.gov/chap.

[57] Ibid.

[58] Vinyl Verified, “Noteworthy,” https://vinylverified.com/noteworthy.

[59] IRIS human health assessments contain information that can be used to support the first two steps of the risk assessment paradigm: hazard identification and dose-response analysis.

[60] ACC, “Phthalates: Building & Construction,” May 26, 2021, https://www.americanchemistry.com/industry-groups/high-phthalates/resources/phthalates-building-construction.

[61] Federal Register 87, no. 98, May 20, 2022, www.govinfo.gov/content/pkg/FR-2022-05-20/pdf/2022-10530.pdf. 

[62] Maricel Maffini et al., “Role of epidemiology in risk assessment: A case study of five ortho-phthalates,” Environmental Health 20, no. 114 (2021), https://doi.org/10.1186/s12940-021-00799-8. 

[63] Jenny L. Carwile et al., “Dietary correlates of urinary phthalate metabolite concentrations in 6–19 Year old children and adolescents,” Environmental Research 204 (2022), https://doi.org/10.1016/j.envres.2021.112083. 

[64] Leonardo Trasande, Buyun Liu, and Wei Bao, W. “Phthalates and attributable mortality: A population-based longitudinal cohort study and cost analysis,” Environmental Pollution 292 (2022), https://doi.org/10.1016/j.envpol.2021.118021.

[65] Mengyan Bi et al., "Production, Use, and Fate of Phthalic Acid Esters for Polyvinyl Chloride Products in China," Environmental Science & Technology 55, no. 20 (2021): 13980–13989, https://pubs.acs.org/doi/10.1021/acs.est.1c02374,   

[66] Letter from the Vinyl Institute, Inc., to the Director of the Office of Pollution Prevention and Toxics and the Director of the Office of Resource Conservation and Recovery (October 15, 2014), Docket I.D. EPA-HQ-OPPT-2014-0684-0006.

[67] VinylPlus, “VinylPlus® comments on the Ramboll report (2022) entitled ‘The use of PVC in the context of a non-toxic environment’” https://pvc.dk/wp-content/uploads/2022/05/VinylPlus-comments-on-Ramboll-report-by-chapter_final.pdf.

[68] PVC Pipe Association, “PVC Pipe: Safe and Beneficial to Public Health,” https://www.uni-bell.org/About-Us/Public-Health. 

[69] The Vinyl Institute, “6 Truths About Vinyl,” https://www.vinylinfo.org/recycling/.

[70] Helene Wiesinger,, Zhanyun Wang, and Stefanie Hellweg, “Deep dive into plastic monomers, additives, and processing aids,” Environmental science & technology 55, no. 13 (2021): 9339-9351, https://doi.org/10.1021/acs.est.1c00976; Lisa Zimmermann et al., “Benchmarking the in Vitro Toxicity and Chemical Composition of Plastic Consumer Products,” Environmental Science and Technology 53, no. 19 (2019):11467– 11477, https://doi.org/10.1021/acs.est.9b02293; Luisa Lucattini, et al., “A Review of Semi-Volatile Organic Compounds (SVOCs) in the Indoor Environment: Occurrence in Consumer Products, Indoor Air and Dust,” Chemosphere 201 (2018): 466– 482, https://doi.org/10.1016/j.chemosphere.2018.02.161; Jan L. Lyche et al., “Reproductive and Developmental Toxicity of Phthalates,” Journal of Toxicology and Environmental Health 12, no. 4 (2009): 225–249, https://doi.org/10.1080/10937400903094091; S. Jobling et al., “A variety of environmentally persistent chemicals, including some phthalate plasticizers, are weakly estrogenic,” Environmental Health Perspectives 103, no. 6 (1995): 103:582–587, https://doi.org/10.1289/ehp.95103582; Susan M. Duty et al., “Phthalate exposure and human semen parameters,” Epidemiology 14, no. 3 (2003): 269–277, https://pubmed.ncbi.nlm.nih.gov/12859026/; John N. Hahladakis et al., “An overview of chemical additives present in plastics: Migration, release, fate and environmental impact during their use, disposal and recycling,” Journal of Hazardous Material 344 (2018): 179–199, https://doi.org/10.1016/j.jhazmat.2017.10.014.      

[71] European Commission, Directorate-General for Environment, “The use of PVC (poly vinyl chloride) in the context of a non-toxic environment: final report,” Publications Office of the European Union, 2022, https://data.europa.eu/doi/10.2779/375357.

[72] Peter Mercea, Christoph Losher, Marcus Petrasch, and Valer Tosa, “Migration of Stabilizers and Plasticizer From Recycled Polyvinylchloride,” in Journal Of Vinyl & Additive Technology (2017): 1-13, https://doi.org/10.1002/vnl.21609. 

[73] Ibid.

[74] Ibid.

[75] FABES, “Research,” n.d., https://www.fabes-online.de/en/research/. 

[76]Peter Mercea, Christoph Losher, Marcus Petrasch, and Valer Tosa, “Migration of Stabilizers and Plasticizer From Recycled Polyvinylchloride,” in Journal Of Vinyl & Additive Technology (2017): 1-13, https://doi.org/10.1002/vnl.21609. 

[77] Letter from the Vinyl Institute, Inc., to the Director of the Office of Pollution Prevention and Toxics and the Director of the Office of Resource Conservation and Recovery (October 15, 2014), Docket I.D. EPA-HQ-OPPT-2014-0684-0006.

[78] EPA, “Hazardous Waste Generator Regulatory Summary,” last updated July 8, 2022, https://www.epa.gov/hwgenerators/hazardous-waste-generator-regulatory-summary#table/. 

[79] EPA, “Uniform Hazardous Waste Manifest: Instructions, Sample Form and Continuation Sheet,” last updated May 1, 2022, https://www.epa.gov/hwgenerators/uniform-hazardous-waste-manifest-instructions-sample-form-and-continuation-sheet.

[80] EPA, “Defining Hazardous Waste: Listed, Characteristic and Mixed Radiological Wastes,” last updated June 15, 2022, https://www.epa.gov/hw/defining-hazardous-waste-listed-characteristic-and-mixed-radiological-wastes.

[81] “Hazardous waste determination and recordkeeping,” 40 C.F.R. § 262.11, Legal Information Institute, https://www.law.cornell.edu/cfr/text/40/262.11.

[82] EPA, “SW-846 Test Method 1311: Toxicity Characteristic Leaching Procedure,” last updated September 1, 2022, https://www.epa.gov/hw-sw846/sw-846-test-method-1311-toxicity-characteristic-leaching-procedure. 

[83] Letter from Associated General Contractors to EPA’s Office of General Counsel, Docket ID No. EPA–HQ– OGC–2022–0406, May 3, 2022, https://www.regulations.gov/document/EPA-HQ-OGC-2022-0406-0001.

[84] EPA, “How Communities Have Defined Zero Waste,” October 26, 2022, https://www.epa.gov/transforming-waste-tool/how-communities-have-defined-zero-waste. 

[85] MSCI, “Transforming the global economy in the face of finite resources,” 2021, www.msci.com/documents/1296102/28401354/ThematicIndex-CircularEconomy-cbr-en.pdf. 

[86] “Coronavirus and Commodities,” S&P Global, Commodity Insights, https://www.spglobal.com/commodityinsights/en/market-insights/topics/coronavirus-impacts-commodity-markets. 

[87] E.M. Zakharyan, N.N. Petrukhina, and A.L. Maksimov, “Pathways of Chemical Recycling of Polyvinyl Chloride: Part 1,” Russian Journal of Applied Chemistry 93 (2020): 1271–1313, https://doi.org/10.1134/S1070427220090013; Kazushi Nozue and Hideyuki Tagaya, “Chemical recycling of waste Poly Vinyl Chloride (PVC) by the liquid-phase treatment,” Journal of Material Cycles and Waste Management 23 (2021): 489–504, https://doi.org/10.1007/s10163-020-01153-9; Blessy Joseph, Jemy James, Nandakumar Kalarikkal and Sabu Thomas, “Recycling of medical plastics,” Advanced Industrial and Engineering Polymer Research 4, no. 3 (2021): 199-208, https://doi.org/10.1016/j.aiepr.2021.06.003.     

[88] European Commission, Directorate-General for Environment, “The use of PVC (poly vinyl chloride) in the context of a non-toxic environment: final report,” Publications Office of the European Union, 2022, https://data.europa.eu/doi/10.2779/375357.

[89] VinylPlus, “VinylPlus® comments on the Ramboll report (2022) entitled ‘The use of PVC in the context of a non-toxic environment’” https://pvc.dk/wp-content/uploads/2022/05/VinylPlus-comments-on-Ramboll-report-by-chapter_final.pdf.  

[90] The Vinyl Institute, “6 Truths About Vinyl,” https://www.vinylinfo.org/recycling/.

[91] Vantage Vinyl, “Resource Efficiency and Recycling,” https://vantagevinyl.com/resource-efficiency-recycling/. 

[92] The Vinyl Institute, “6 Truths About Vinyl,” https://www.vinylinfo.org/recycling/; EPA MSW Characterization Report, 2014, Municipal Solid Waste Generation, Recycling, and Disposal in the United States, Tables and Figures for 2012, at 9.

[93] 2017 Tarnell Company LLC Recyclers Survey; American Chemistry Council 2015 Resin Report; EPA SMM Report.

[94] The Vinyl Institute, “6 Truths About Vinyl,” https://www.vinylinfo.org/recycling/

[95] The European Council of Vinyl Manufacturers, “Where PVC Waste Occurs,” 2021, https://pvc.org/sustainability/pvc-recycling-in-europe/where-pvc-waste-occurs/. 

[96] Aubryn Cooperman, Annika Eberle, and Eric Lantz, “Wind turbine blade material in the United States: Quantities, costs, and end-of-life options,” Resources, Conservation and Recycling168 (2021): 105439, https://doi.org/10.1016/j.resconrec.2021.105439.

[97] International Energy Agency; Siemens Gamesa Renewable Energy; Pu Liu and Claire Y. Barlow, “Wind turbine blade waste in 2050,” Waste Management 62 (2017), https://doi.org/10.1016/j.wasman.2017.02.007; Aubryn Cooperman, Annika Eberle, and Eric Lantz, “Wind turbine blade material in the United States: Quantities, costs, and end-of-life options,” Resources, Conservation and Recycling168 (2021): 105439, https://doi.org/10.1016/j.resconrec.2021.105439.

[98] U.S. Department of Energy, “Carbon Rivers Makes Wind Turbine Blade Recycling and Upcycling a Reality With Support From DOE,” October 17, 2022, https://www.energy.gov/eere/wind/articles/carbon-rivers-makes-wind-turbine-blade-recycling-and-upcycling-reality-support; Mitch Jacoby, “How can companies recycle wind turbine blades?” Chemical and Engineering News, August 8, 2022, https://cen.acs.org/environment/recycling/companies-recycle-wind-turbine-blades/100/i27.

[99] IRENA and IEA-PVPS “End-of-Life Management: Solar Photovoltaic Panels,” International Renewable Energy Agency and International Energy Agency Photovoltaic Power Systems, 2016.

[100] As of January 1, 2021, decommissioned solar panels are regulated as universal wastes in California. See California Department of Toxic Substances Control, “Final Regulations: Photovoltaic (PV) Modules — Universal Waste Management,” DTSC Reference Number: R-2017-04, OAL Reference Number: Z-2019-0409-04, https://dtsc.ca.gov/regs/pv-modules-universal-waste-management/. 

[101] John D. Wagner, “7 Myths About PVC — Debunked,” n.d., www.carlislesyntec.com/dfsmedia/c9a15d476f364981b1124520f6258acf/8965-source.

[102] Mark P. Mills, “Mines, minerals, and “green” energy: A reality check,” Manhattan Institute, July 2020, https://media4.manhattan-institute.org/sites/default/files/mines-minerals-green-energy-reality-checkMM.pdf.  

[103] United Nations, Office on Drugs and Crime, “Illegal Mining and Trafficking in Precious Metals,” n.d., https://www.unodc.org/unodc/en/environment-climate/illegal-mining.html; UNEP Finance Initiative, “Mining and Metals,” December 2014, https://www.unepfi.org/humanrightstoolkit/mining.php; Suzi Malan, "How to Advance Sustainable Mining,” IISD Earth Negotiations Bulletin, October 2021,  www.iisd.org/system/files/2021-10/still-one-earth-sustainable-mining.pdf.   

 

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