VI Prepares to Respond to EPA’s Consent Decree on CBD 2014 RCRA Petition

Earlier this week the EPA published a draft consent decree that would resolve a lawsuit by the Center for Biological Diversity (CBD) alleging that EPA unreasonably refused to rule on CBD’s petition to list discarded PVC as hazardous waste under the Resource Conservation and Recovery Act (RCRA). The draft consent decree would set a schedule for EPA to address the petition, including issuing a proposed decision granting or denying CBD’s seven-year-old petition within nine months after the decree is signed.  CBD’s companion petition under the Toxic Substances Act was denied in 2014 but EPA failed to act on the RCRA one. The public will have 30 days to comment on this procedural matter after which EPA will very likely decide to proceed with the settlement. VI comments on the consent decree will, among other issues, seek to ensure that the Agency provides industry with ample time to address the merits of the petition, including why this outrageous petition should be denied.  We will continue to cooperate with EPA staff to provide science-based information on PVC and this petition.

 

The VI commented on EPA’s proposed consent decree that was published this week.