Environmental groups on Feb. 13 gave the US EPA a 60-day notice of plans to sue the agency for failing to respond to a rulemaking petition requesting stronger oversight and regulation of toxic and radioactive waste – phosphogypsum – from phosphate mining and fertilizer production.
“It’s time for the EPA to take aggressive steps to stop the ongoing environmental injustices and destruction caused by the phosphate industry’s waste,” said Ragan Whitlock, an attorney at the Center for Biological Diversity. “It’s been nearly three years since the state dumped 215 million gallons of toxic, radioactive waste from the Piney Point facility into Tampa Bay, but the EPA has done absolutely nothing to prevent the next phosphate pollution disaster.”
In February 2021, 17 organizations petitioned the EPA to better regulate phosphogypsum and process wastewater under the Resource Conservation and Recovery Act.
The wastes are currently exempt from hazardous waste regulations to protect the phosphate industry from the cost of compliance. However, the group’s noted that Florida’s largest phosphate manufacturer, The Mosaic Co., reported a net income of $3.6 billion in 2022 alone.
The groups’ petition asked the EPA to revisit its 1991 decision exempting phosphoric acid production wastes from federal hazardous waste regulations so the agency can properly oversee the safe treatment, storage and disposal of phosphogypsum and process wastewater.
The Mosaic Co. had not responded to inquiries at press time. As reported by the Tampa Bay Times, however, Mosaic’s website notes that phosphogypsum is deposited on stacks under “strict standards” established by the Florida Department of Environmental Protection and the EPA. Mosaic also described itself as “one of the most highly regulated companies” in the state.
“Florida regulations are among the most rigorous in the nation, which is why the US EPA is using Florida’s phosphogypsum regulations as a template for the rest of the nation,” according to the website. “Mosaic has developed extensive monitoring systems for air pollution control, surface and groundwater management, employee health and safety, process safety management, and waste management/minimization.”
The environmental groups involved include People for Protecting Peace River, Portneuf Resource Council, Rise St. James, Sierra Club, Waterkeeper Alliance, Waterkeepers Florida, Bayou City Waterkeeper, Our Santa Fe River, Healthy Gulf, ManaSota-88, and the Center for Biological Diversity.