Request to Use Phosphogypsum in Government Road Projects: Supporting Documents

On June 30,  2021, the EPA withdrew previously granted conditional approval to use phosphogypsum in government road construction projects.  On October 14, 2020, the EPA approved The Fertilizer Institute’s request to use phosphogypsum in government road construction projects subject to certain terms and conditions.  Under Clean Air Act (CAA) regulations, EPA may approve a request for a specific use of phosphogypsum if it is determined that the proposed use is at least as protective of human health as placement in a stack. Upon review, EPA found that The Fertilizer Institute’s request did not provide all the information required for a complete request under these regulations. The EPA withdrew the approval for this reason. The decision was effective immediately, and phosphogypsum remains prohibited from use in road construction.  

The following documents are also available electronically in Docket ID No. EPA-HQ-OAR-2020-0442 on www.regulations.gov or in hard copy at the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC.

View Docket No. EPA-HQ-OAR-2020-0442 on Regulations.gov.

View Federal Register Notice "Withdrawal of Approval for Use of Phosphogypsum in Road Construction" (86 FR 35795)

Withdrawal of Approval of TFI Request for Use of Phosphogypsum in Road Construction (pdf) (4.51 MB, June 30, 2021) Letter from former EPA Administrator Michael S. Regan to The Fertilizer Institute withdrawing the conditional approval to remove phosphogypsum from required stacks for use in government road projects.

Approval of TFI Request for Use of Phosphogypsum in Road Construction (pdf) (6.14 MB, October 14, 2020)
Letter from former EPA Administrator Andrew Wheeler to The Fertilizer Institute approving the removal of phosphogypsum from required stacks for use in government road construction projects, subject to certain conditions.

EPA Review of the Radiological Risk Assessment in Support of Petition for Beneficial Use of Phosphogypsum Prepared for The Fertilizer Institute (pdf) (395.49 KB, October 14, 2020)
Review performed by the U.S. Environmental Protection Agency, Office of Radiation and Indoor Air, Radiation Protection Division, in response to the Radiological Risk Assessment in Support of Petition for Beneficial Use of Phosphogypsum prepared for The Fertilizer Institute (TFI).

EPA Memorandum: Public Road Abandonment Statutes, Implementation and Case Studies for the State of Florida (pdf) (358.66 KB, October 2020)
Road abandonment research in support of EPA’s review of TFI request for use of phosphogypsum in road construction in Florida.

Technical Review of The Fertilizer Institute Risk Assessment for Additional Use of Phosphogypsum In Road Base (pdf) (1.35 MB, June 2020)
Review of the risk assessment submitted by The Fertilizer Institute in support of its petition. This technical review was conducted by SC&A under contract to EPA.

Potential Uses of Phosphogypsum and Associated Risks (pdf) (4.89 MB, May 1992, EPA 402-R92-002)
Background Information Document

Revised Request for Approval of Additional Uses of Phosphogypsum Pursuant to 40 C.F.R. § 61.206 (pdf) (2 MB, April 2020)
Petition for approval of other uses of phosphogypsum and risk assessment.

Attachment A to Revised Request for Approval of Additional Uses of Phosphogypsum (pdf) (570.17 KB, April 2020)
Reference Road Construction Specifications

Appendix 1 to Revised Request for Approval of Additional Uses of Phosphogypsum (pdf) (519.54 KB, April 2020)
Summary of the Risk Assessment and Metals Screening Report.

Appendix 2 to Revised Request for Approval for Additional Uses of Phosphogypsum (pdf) (3.79 MB, October 2019)
Radiological Risk Assessment in Support of Petition for Beneficial Use of Phosphogypsum. Posted with consent of author.

Appendix 3 to Revised Request for Approval of Additional Uses of Phosphogypsum (pdf) (11.93 MB, October 2019)
Human Health Risk Screening for Metals and Metalloids.

Appendix 4a to Revised Request for Approval of Additional Uses of Phosphogypsum (pdf) (918.64 KB, April 2020)
Response to EPA Comments on January 16, 2020.

Appendix 4b to Revised Request for Approval of Additional Uses of Phosphogypsum (pdf) (192.32 KB, April 2020)
Responses to Second Set of USEPA Questions on March 6, 2020 –Reclaimer.

Appendix 5 to Revised Request for Approval of Additional Uses of Phosphogypsum (pdf) (87.13 KB, December 2019)
Report on recent measurements of PG radioactivity level in U.S. stacks.

Appendix 6 to Revised Request for Approval of Additional Uses of Phosphogypsum (pdf) (786.37 KB, December 2019)
Policy Navigation Group, Economic Analysis of Phosphogypsum Reuse.

Appendix 7 to Revised Request for Approval of Additional Uses of Phosphogypsum (pdf) (95.35 KB, February 2020)
Location of phosphogypsum stacks.

Appendix 8 to Revised Request for Approval of Additional Uses of Phosphogypsum (pdf) (638.76 KB, April 2020)
Other documents being submitted for the administrative record.

Original Request for Approval of Additional Uses of Phosphogypsum Pursuant to 40 C.F.R. § 61.206 (pdf) (1.82 MB, October 2019)
The Fertilizer Institute’s original request for approval of additional uses of phosphogypsum.