Notice2021-14377
Withdrawal of Approval for Use of Phosphogypsum in Road Construction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2021
Effective
July 7, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is withdrawing its October 14, 2020 approval for use of phosphogypsum in government road projects. Under the Clean Air Act, the EPA may approve a request for other use of phosphogypsum if it includes certain prescribed information. Upon further review, EPA has determined that the approval was premature and should be withdrawn because the request did not contain all of the required information. With this action, phosphogypsum remains prohibited from use in road construction projects.
Full Text
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<title>Federal Register, Volume 86 Issue 127 (Wednesday, July 7, 2021)</title>
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[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Page 35795]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14377]
[[Page 35795]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2020-0442; FRL-10024-70-OAR]
Withdrawal of Approval for Use of Phosphogypsum in Road
Construction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) is withdrawing its
October 14, 2020 approval for use of phosphogypsum in government road
projects. Under the Clean Air Act, the EPA may approve a request for
other use of phosphogypsum if it includes certain prescribed
information. Upon further review, EPA has determined that the approval
was premature and should be withdrawn because the request did not
contain all of the required information. With this action,
phosphogypsum remains prohibited from use in road construction
projects.
DATES: Effective July 7, 2021.
FOR FURTHER INFORMATION CONTACT: Jonathan P. Walsh, Radiation
Protection Division, Office of Radiation and Indoor Air, Mail Code
6608T, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number: (202) 343-9238; fax number:
(202) 343-2304; email address: <a href="/cdn-cgi/l/email-protection#ed9a8c819e85c38782838c99858c83ad889d8cc38a829b"><span class="__cf_email__" data-cfemail="cabdaba6b9a2e4a0a5a4abbea2aba48aafbaabe4ada5bc">[email protected]</span></a>.
Organization of this document. The information in this notice is
organized as follows:
I. General Information
II. Background and Overview of Decision
SUPPLEMENTARY INFORMATION:
I. General Information
A. How can I get copies of this document and other related information?
1. Docket. The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2020-0442. Publicly available docket materials
are available either electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> 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. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Air and Radiation Docket is (202) 566-1742.
2. Electronic Access. You may access this Federal Register document
electronically from the Government Printing Office under the ``Federal
Register'' listings at FDSys (<a href="http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR">http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR</a>).
II. Background and Overview of Decision
On October 14, 2020, EPA approved, subject to certain conditions, a
request by The Fertilizer Institute (TFI) for the use of phosphogypsum
in government road projects.\1\ This request was submitted pursuant to
Clean Air Act regulations at 40 CFR 61.206, which provide that EPA may
approve request for a specific use of phosphogypsum if it is determined
that the proposed use is at least as protective of public health as
placement in a stack, which is the designated management method. EPA
identified ten components that such a request ``must contain'' (40 CFR
61.206(b)). These include such items as the specific location where
phosphogypsum will be used and the quantity of phosphogypsum to be
used.
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\1\ Letter from Andrew R. Wheeler, Administrator, Environmental
Protection Agency, to Corey Rosenbusch, President and CEO, The
Fertilizer Institute, dated October 14, 2020, Docket No. EPA-HQ-OAR-
2020-0442-0015. See also 85 FR 66550, October 20, 2020.
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On December 18, 2020, various groups \2\ petitioned the United
States Court of Appeals for the District of Columbia Circuit for review
of EPA's action conditionally approving TFI's request. On that same
date, these same groups, ``as a precaution and as a matter of
courtesy,'' submitted to EPA, ostensibly under Clean Air Act (CAA)
Sec. 307(d)(7)(B) (42 U.S.C. 7607(d)(7)(B)), a petition asking EPA to
reconsider its action. EPA is further prompted to review this approval
by Executive Order 13990, which directs agencies to examine a wide
range of previously-issued actions in light of various policies and
national objectives.\3\
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\2\ Center for Biological Diversity, Healthy Gulf, Manasota-88,
Inc., North America's Building Trades Unions, People for Protecting
Peace River, Inc., Public Employees for Environmental
Responsibility, Rise St. James, and Sierra Club and its Florida
chapter. See Center for Biological Diversity v. EPA, No. 20-1506.
\3\ ``Protecting Public Health and the Environment and Restoring
Science to Tackle the Climate Crisis,'' signed January 20, 2021. 86
FR 7037, January 25, 2021.
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EPA has the authority to review and reconsider, on its own
initiative, previous decisions and actions. Upon further evaluation,
EPA decides that it was premature for the Agency to approve the
proposed use without all of the information specified as constituting a
proper request under Sec. 61.206(b). Therefore, EPA has withdrawn,
revoked and rescinded the October 2020 approval.\4\ This decision is
without prejudice to a subsequent or further proper request under Sec.
61.206 for approval of the use of phosphogypsum for other purposes that
contains the information required by Sec. 61.206(b). In accordance
with the regulations at 40 CFR part 61, subpart R, unless and until any
such request is approved, phosphogypsum must continue to be placed in
stacks and may not be removed from stacks for use in road construction.
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\4\ Letter from Michael S. Regan, Administrator, Environmental
Protection Agency, to Corey Rosenbusch, President and CEO, The
Fertilizer Institute, Docket No. EPA-HQ-OAR-2020-0442. See this
letter for further discussion of the reasons for the withdrawal,
revocation, and recission of the prior October 2020 decision.
Michael S. Regan,
Administrator.
[FR Doc. 2021-14377 Filed 7-6-21; 8:45 am]
BILLING CODE 6560-50-P
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