The Fertilizer Institute on July 7 expressed disappointment following a U.S. EPA decision to withdraw approval for limited reuse of phosphogypsum (PG) in road construction. EPA, which had granted approval for the limited reuse in October 2020 (GM Oct. 16, 2020), withdrew approval on June 30.
Several environmental and labor groups filed a petition with the U.S. Court of Appeals for the District of Columbia on Dec. 18 asking it to review the final action taken by EPA (GM Jan. 8, p. 29). TFI intervened in the case (GM March 26, p. 31).
The same groups also petitioned EPA to regulate phosphogypsum and its related wastewater rather than the states about a month before the recent leak at the Piney Point facility (GM April 16, p. 1).
TFI said the EPA decision was inconsistent with the agency’s prior interpretation of its regulations. However, TFI said it agrees that EPA decisions should be based on, and adhere to, existing regulatory requirements.
Despite the withdrawal, TFI said that importantly it was based solely on procedural grounds, and the withdrawal did not contradict TFI’s risk assessment in support of the use of PG in road construction. TFI said the decision to withdraw left the window open for site specific projects to be considered for EPA approval based on the same scientific merits, which focus on safe, sustainable use. TFI said it concurs with EPA’s scientific evaluation and conclusion that the risk associated with the use of PG in road construction is no greater than stacking the material or placing it in mines.
TFI said the International Atomic Energy Agency said it best when they concluded that, “[a]ll evidence suggests that the [radiation] doses received as a result of the use of phosphogypsum in agriculture, road construction, in the marine environment, and in landfill facilities are sufficiently low that no restrictions on such use are necessary.”
TFI said it will continue to work with EPA and other stakeholders so that the U.S. can join with the numerous countries throughout South America, Asia, Europe, Africa, and Canada that permit the safe and environmentally conscious beneficial use of PG.
Environmental groups were elated by the decision and took a different spin on the science. “Allowing phosphogypsum in roads was a boneheaded, short-sighted favor to the industry,” said Jaclyn Lopez, Florida Director at the Center for Biological Diversity. “While the withdrawal cites technical deficiencies in the applicant’s petition, this action is consistent with 30 years of science showing that phosphogypsum poses a substantial risk to humans and the environment.”
As to the technical issues, according to TFI, it had contended that the facility specific information was not necessary for EPA to make a risk assessment decision. EPA agreed and made the risk assessment decision, and decided that projects using the PG could submit the facility-specific information when the project was found and approved. However, the EPA regulations stated that the facility address, signature, etc., had to be submitted prior to approval.