Asphalt Association Seeks CERCLA Exemption for PFAS-Containing Reclaimed Pavement

The National Asphalt Pavement Association (NAPA) reported spending $190,000 on lobbying in the third quarter of 2026 to seek an extension of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) recyclable-materials exemption. The requested change would cover reclaimed pavement containing PFAS, or per- and polyfluoroalkyl substances. The reported advocacy is a policy effort; the available information does not indicate that Congress has enacted an exemption, that the Environmental Protection Agency has changed its rules, or that a procurement award has been made.

For government contractors and public-sector buyers, the issue concerns how environmental liability and regulatory requirements may apply when reclaimed pavement containing PFAS is handled, transported, reused, or incorporated into a project. If Congress changes CERCLA’s treatment of this material, the resulting rules could affect risk assessments and compliance planning across asphalt recycling and construction supply chains. Until any policy change is enacted and its scope is clear, contractors should avoid assuming that the requested exemption is already available.

The issue has practical relevance to agencies and entities planning public pavement work. Project teams may need to consider how material specifications, sourcing decisions, environmental reviews, and contractual responsibility address reclaimed asphalt and potential PFAS concerns. Suppliers and haulers may also face planning questions around material characterization, transport, and reuse. These considerations are prospective implications of the requested policy change, not confirmation of a new federal requirement or a change in current procurement terms.

The source also points stakeholders toward congressional activity and related federal pavement funding, environmental rules, and hauling proposals as relevant planning context. Monitoring those developments can help contractors anticipate whether recycled-material requirements, liability allocation, or project costs may shift. The reported lobbying expenditure signals an industry advocacy priority, but does not establish that Congress or the Environmental Protection Agency (EPA) has adopted the requested approach. The linked Legis1 source is titled “Asphalt Pavement Association Urges Recycling Exemption”; its supplied content also includes an unrelated reference to the Love Lives On Act and the Military Officers Association, which does not establish additional details about the asphalt policy request.

• NAPA reported $190,000 in lobbying expenditures for the third quarter of 2026.
• The requested policy change would extend CERCLA’s recyclable-materials exemption to reclaimed pavement containing PFAS.
• No exemption, enacted policy change, or procurement award is reported in the source material.
• The issue may affect environmental liability and compliance planning for recycled-asphalt handling and reuse.
• Public buyers and contractors can monitor congressional action before making assumptions about future regulatory treatment.
• Pavement project planning may need to account for material sourcing, specifications, environmental review, and contractual risk allocation.
• Suppliers and haulers should track developments that could affect the handling, transport, or reuse of reclaimed pavement.
• Related federal pavement funding, environmental rules, and hauling proposals are identified as relevant context for industry planning.