Why It Matters

The National Asphalt Pavement Association is lobbying on chemicals in recycled pavement after joining an August call for Congress to expand a recycling exemption. The requested expansion would extend the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) recyclable-materials exemption to reclaimed pavement containing per- and polyfluoroalkyl substances (PFAS). ​

By the Numbers

The association’s third-quarter lobbying disclosure reported $150,000 in in-house expenses, unchanged from the preceding quarter and up $14,970 from the third quarter of 2025.

GrayRobinson PA and Cassidy & Associates Inc. each reported $20,000 for the third quarter of 2026. Across all three registrants, the association reported $190,000, unchanged from the preceding quarter and up $19,970 from the same quarter in 2025.

The in-house team comprised Nile Elam IV, vice president of government affairs; Howard Marks, vice president of environment, health, and safety; and Mitch Baldwin, government affairs director.

Other disclosed topics included both implementation of existing laws and proposals for federal policy changes:

  • implementation of the Infrastructure Investment and Jobs Act and the Federal Aviation Administration (FAA) reauthorization program, plus fiscal 2025 appropriations priorities for the airfield pavement technology program, reclaimed asphalt pavement, work-zone safety, and Accelerated Implementation and Deployment of Pavement Technologies.
  • Workplace heat-illness rules, a potential budget reconciliation package, and reforms to the Clean Air Act, the Clean Water Act, and waters-of-the-United-States policy.
  • Tariffs on raw materials, including aggregates and asphalt binder, and a hauling proposal covering asphalt and other perishable materials.

Broader Context

The association joined the American Concrete Pavement Association and the National Ready Mixed Concrete Association in a coalition letter, arguing that pavement reuse saves billions and citing preliminary findings from the University of Florida indicating that approximately 90 to 95 percent of PFAS were encapsulated. Independent University of Florida research found that recycling aqueous film-forming foam (AFFF)-impacted pavement can immobilize about 95% to 99% of total PFAS under two leaching protocols.

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Separately, the Environmental Protection Agency issued updated interim guidance in April on destroying and disposing of PFAS-containing materials.

On the hauling proposal, Advocates for Highway and Auto Safety urged Congress to oppose it in May 2025, arguing that it would worsen truck fatalities and road damage. Industry backers named in a 2020 congressional release, including the Georgia Forestry Association and the National Ready Mix Concrete Association, argued that it would keep perishable-heavy trucks on interstates, improve safety, and save maintenance costs.

The FAA Reauthorization Act of 2024 included provisions establishing or authorizing the Airfield Pavement Technology Program. Congress considers appropriations separately from authorizing programs.

The Bottom Line

The disclosure described the introduction of the hauling proposal as pending when it was signed Oct. 23. The association’s in-house expenses rose from the first quarter to the second quarter.

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