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Radiation Protection

Approval of Other Uses of Phosphogypsum: Supporting Documents

On October 15, 2019, EPA received a request from The Fertilizer Institute (TFI), on behalf of its members that own or operate phosphogypsum stacks, to take phosphogypsum out of the stacks and use it in road construction. This request was subsequently revised on April 7, 2020. TFI’s revised request asked that EPA review and approve phosphogypsum use in government road construction projects.

EPA evaluated TFI’s request, concluding that the request demonstrated that the proposed alternative use is at least as protective of public health as disposal of the phosphogypsum in stacks, and, on October 14, 2020, EPA Administrator Andrew Wheeler approved TFI’s revised request for the use of phosphogypsum in road base and road surface subject to certain terms and conditions. These conditions include that phosphogypsum be used in government road projects [i.e., projects that are authorized by federal, state and local Departments of Transportation (DOT) or Public Works (PW)], and conducted as part of a government road project using appropriate, generally accepted road construction standards and specifications such as the American Society for Testing and Materials (ASTM),  Federal Highway Administration, federal or state DOT standards and specifications, or standards developed or approved in consultation with the appropriate regulatory DOT or PW authorities. The terms and conditions of the approval also require that EPA be notified in writing prior to the distribution and/or use of phosphogypsum for any government road project. Further, there are road design and construction limitations, site monitoring, record-keeping, public notification, and worker safety requirements included as part of the approval terms and conditions.

EPA released a Federal Register Notice “Approval of the Request for Other Use of Phosphogypsum by The Fertilizer Institute,” publicizing the approval of the  use of phosphogypsum in government road construction projects. 

View the official notice in the Federal Register (85 FR 66501, October 20, 2020).

The following documents are also available electronically in Docket ID No. EPA-HQ-OAR-2020-0442 on 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

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