Approval of the Request for Other Use of Phosphogypsum by the Fertilizer Institute, 66550-66552 [2020-23154]
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[FR Doc. 2020–23158 Filed 10–19–20; 8:45 am]
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[FR Doc. 2020–23122 Filed 10–19–20; 8:45 am]
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Jkt 253001
ENVIRONMENTAL PROTECTION
AGENCY
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–10015–95–Region 1]
2020 Annual Meeting of the Ozone
Transport Commission
Environmental Protection
Agency (EPA).
AGENCY:
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[EPA–HQ–OAR–2020–0442; FRL–10014–36–
OAR]
Approval of the Request for Other Use
of Phosphogypsum by the Fertilizer
Institute
Environmental Protection
Agency (EPA).
AGENCY:
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Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices
ACTION:
Notice.
The Environmental Protection
Agency (EPA) is approving, subject to
certain conditions, a request by The
Fertilizer Institute for use of
phosphogypsum in government road
projects. This decision and supporting
information is being made available to
the public through this notice. Under
the Clean Air Act, the EPA may approve
a request for other use of
phosphogypsum if it determines that the
proposed use is at least as protective of
human health as placement in a stack,
which is the designated management
method. With this approval, and in
accordance with its terms and
conditions, government entities may use
phosphogypsum for road construction
projects.
DATES: October 20, 2020.
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:
walsh.jonathan@epa.gov.
Organization of this document. The
information in this notice is organized
as follows:
SUMMARY:
I. General Information
A. How can I get copies of this document
and other related information?
II. Background and Overview of Decision
A. The EPA’s 1992 Risk Assessment
B. Request by The Fertilizer Institute
C. TFI’s Risk Assessment
D. Terms and Conditions of the Approval
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
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. 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
VerDate Sep<11>2014
18:08 Oct 19, 2020
Jkt 253001
Printing Office under the ‘‘Federal
Register’’ listings at FDSys (https://
www.gpo.gov/fdsys/browse/
collection.action?collectionCode=FR).
II. Background and Overview of
Decision
Phosphogypsum stacks are large piles
of waste from wet acid phosphorous
production. There are more than 60
stacks of phosphogypsum located in 13
different states. The majority of these
stacks are located in the southeastern
region of the United States. Because the
phosphate ore used to produce the
phosphoric acid contains relatively high
concentrations of uranium and radium,
phosphogypsum stacks also contain
high concentrations of these elements.
The presence of radium in the stacks
causes them to release radon gas into
the atmosphere.
The EPA regulates the management of
phosphogypsum based on its elevated
levels of radium and its decay products,
including radon gas, which is classified
as a hazardous air pollutant under the
Clean Air Act. As required by 40 CFR
part 61, subpart R (hereafter ‘‘Subpart
R’’), phosphogypsum must be disposed
of in engineered piles, called stacks,
with the exception of limited use for
agricultural and research purposes. In
addition, applicants may request
approval of other uses of
phosphogypsum by following the
process prescribed in 40 CFR 61.206.
A. The EPA’s 1992 Risk Assessment
The EPA initially established the
requirement that phosphogypsum be
placed into stacks without any
exceptions (54 FR 51674, December 15,
1989). In response to petitions for
reconsideration, the EPA re-evaluated
the risks of selected applications of
phosphogypsum against the risks from
stacking (57 FR 23305, June 3, 1992).1
The EPA determined that the use of
phosphogypsum in limited agricultural
and indoor research activities could be
as protective of human health, in the
short- and long-term, as stacking. These
approved uses were incorporated into
Subpart R at 40 CFR 61.204–205.
The EPA also assessed the use of
phosphogypsum in road construction.
While the risks were found to be
acceptable from most of the exposure
scenarios analyzed, the potential risks to
residents of dwellings constructed on an
abandoned road were calculated to be
unacceptably high. The EPA therefore
did not approve road construction as a
categorical use of phosphogypsum. The
1 ‘‘Potential Uses of Phosphogypsum and
Associated Risks: Background Information
Document,’’ EPA 402–R92–002, May 1992.
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66551
EPA did, however, define in 40 CFR
61.206 a process to request approval of
other uses of phosphogypsum,
including a risk assessment
demonstrating that the proposed use is
at least as protective of human health,
in the short- and long-term, as
placement in a stack. As stated in the
preamble to the final rule, the measure
of protectiveness is lifetime risk of fatal
cancer to individuals. In connection
with the removal of phosphogypsum
from stacks for authorized uses, the EPA
incorporated sampling, certification,
and record-keeping requirements into
Subpart R at 40 CFR 61.207 through
61.209.
B. Request by The Fertilizer Institute
On October 15, 2019, The Fertilizer
Institute (TFI) submitted its initial
‘‘Request for Approval of Additional
Uses of Phosphogypsum Pursuant to 40
CFR 61.206,’’ requesting that EPA
approve the use of phosphogypsum in
road construction. Subsequently, on
April 7, 2020, TFI submitted, on behalf
of its members that own or operate
phosphogypsum stacks, a revised
request: ‘‘Revised Request for Approval
of Additional Uses of Phosphogypsum
Pursuant to 40 CFR 61.206: Use in Road
Construction Projects Authorized by
Federal, State and Local Departments of
Transportation or Public Works.’’
TFI requested that phosphogypsum be
approved specifically for government
road projects 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 ASTM,2
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. Notably, as envisioned by
the request, the submitter of the request
(TFI) would not be the entity using the
phosphogypsum, although its members
may supply the phosphogypsum to the
end user (i.e., the government agency
responsible for the road construction
project). To address this situation, the
terms and conditions of the approval
require that the phosphogypsum
supplier (stack owner or operator) and
the end user each provide information
to the EPA, as appropriate, prior to
removal of phosphogypsum from the
stack.
TFI estimates that the cost of
transportation would make the use of
2 Formerly the American Society for Testing and
Materials, now ASTM International.
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66552
Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices
phosphogypsum uneconomical at
distances greater than about 200 miles
from a stack.3 In that case, the regional
distribution of phosphogypsum stacks
suggests that its use for road
construction would likely be
concentrated in the southeastern part of
the country but could also occur in
western states such as Idaho and
Wyoming.
C. TFI’s Risk Assessment
As required by Subpart R, TFI
submitted a risk assessment as part of its
request.4 The risk assessment assessed
potential exposures to individuals in
various scenarios involving road users,
nearby residents, and road construction
workers. TFI’s exposure scenarios and
modeling approaches were largely
consistent with the EPA’s 1992 analysis,
as were the overall results.
The EPA finds TFI’s risk assessment
to adequately demonstrate that the use
of phosphogypsum in road construction
will be at least as protective of human
health, in the short- and long-term, as
stacking.5 However, as in 1992, the EPA
remains concerned about potential
exposures should the road become
abandoned, particularly for a residence
built on road material containing
phosphogypsum. The EPA does not
agree that TFI’s assumptions in its
analysis of this scenario, such as the use
of radon resistant home construction
techniques, could be relied upon to
limit the potential risks to a future
residential individual from such an
occurrence. In this case, however, the
EPA believes that this risk can be
acceptably mitigated by including
appropriate terms and conditions in the
approval.
In defining its request and exposure
scenarios, TFI’s risk assessment assumes
certain limitations involving the
construction and placement of roads.
For example, phosphogypsum
incorporated into the road base and the
road surface is limited in its radium-226
concentration and is assumed to be
mixed with other materials in limited
proportions. The terms and conditions
of the approval reflect these
assumptions and limitations.
3 ‘‘Economic Analysis of Phosphogypsum Reuse,’’
prepared for TFI by Policy Navigation Group,
submitted as Appendix 6 to TFI’s Revised Request,
December 2019, page 19.
4 ‘‘Radiological Risk Assessment in Support of
Petition for Beneficial Use of Phosphogypsum,’’
prepared for TFI by Arcadis Canada Inc., submitted
as Appendix 2 to TFI’s Revised Request, October
2019.
5 ‘‘Review of the Radiological Risk Assessment
Submitted in Support of Request for Approval of
Other Use of Phosphogypsum,’’ October 2019, The
Fertilizer Institute.
VerDate Sep<11>2014
18:08 Oct 19, 2020
Jkt 253001
D. Terms and Conditions of the
Approval
The EPA has determined that, subject
to the terms and conditions summarized
below, phosphogypsum may be
removed from stacks and used in
government road projects, as requested
by TFI. This approval to use
phosphogypsum in road construction
does not authorize the removal of any
phosphogypsum from any stacks or the
use of any phosphogypsum for road
construction unless and until the
information required by the ‘‘Initial
Conditions,’’ below, is provided to EPA.
Only after such information is provided
to EPA, may phosphogypsum be
removed from stacks and used in road
construction, further provided that the
conditions expressed in ‘‘Other
Conditions,’’ below, continue to be met.
A complete listing of the terms and
conditions applicable to this approval
may be found in the approval letter.6
Additional supporting documentation,
such as the complete TFI request and
risk assessment, are also in the docket.
1. Initial Conditions
Prior to the distribution and/or use of
phosphogypsum for any government
road project, the owner or operator of
the stack from which phosphogypsum is
to be distributed or the governmental
entity responsible for building and
maintaining the road, as appropriate,
must submit to the Agency all
information required by 40 CFR
61.206(b), as more specifically described
in the approval letter.
Conditions 7
2. Other
Subsequent to the provision of the
initial required information to EPA,
phosphogypsum may be used in
government road projects in accordance
with additional conditions, as stated in
the approval letter, including, for
example, conditions related to:
6 Letter from Andrew Wheeler, Administrator,
Environmental Protection Agency, to Corey
Rosenbusch, President and CEO, The Fertilizer
Institute, Docket No. EPA–HQ–OAR–2020–0442.
7 In addition to the information required by 40
CFR 61.206(b), as noted in connection with the
‘‘Initial Conditions,’’ the ‘‘Other Conditions’’
include conditions associated with the
requirements of 40 CFR 61.206(d) and 61.207–
61.209; conditions inherent in the nature of or
limitations or assumptions associated with TFI’s
request; and conditions imposed under the EPA’s
authority and discretion under 40 CFR 61.206(e).
The EPA believes that these conditions are either
required by 40 CFR part 61, subpart R or are
reasonably appropriate to help provide continued
assurance that the use is at least as protective as
disposal of phosphogypsum in stacks and will
ensure that the removal of phosphogypsum from
stacks and use in government road projects will be
consistent with TFI’s request and will occur with
public notice and appropriate information
availability.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
• Continued control, maintenance,
and use of the road;
• Sampling, certification, and recordkeeping requirements in 40 CFR
61.206(d) and 61.207 through 61.209;
• Construction of the road consistent
with the assumptions, scenarios,
limitations, and parameters analyzed in
TFI’s risk assessment, including an
average radium content of no more than
35 pCi/g, no more than 2.25% PG by
weight in surface pavement and no
more than 50% PG by weight in the
road base; and
• Notification and availability of
information for the public and road
construction workers on the use of
phosphogypsum in the road project.
Any use of phosphogypsum not
consistent with the terms and
conditions and any other limitations set
forth in this approval shall be construed
as unauthorized distribution of
phosphogypsum and may constitute a
violation of or noncompliance with 40
CFR part 61, subpart R. This approval is
pursuant to Subpart R promulgated
under the authority of the Clean Air Act.
This approval does not relieve TFI,
phosphogypsum stack owners or
operators or resellers, retailers,
distributors, or end users or other
entities handling, processing or using
phosphogypsum of responsibility to
comply with other applicable laws and
regulations.
Andrew Wheeler,
Administrator.
[FR Doc. 2020–23154 Filed 10–19–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2020–0077; FRL–10015–
81]
Certain New Chemicals; Receipt and
Status Information for September 2020
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA is required under the
Toxic Substances Control Act (TSCA),
as amended by the Frank R. Lautenberg
Chemical Safety for the 21st Century
Act, to make information publicly
available and to publish information in
the Federal Register pertaining to
submissions under TSCA Section 5,
including notice of receipt of a
Premanufacture notice (PMN),
Significant New Use Notice (SNUN) or
Microbial Commercial Activity Notice
(MCAN), including an amended notice
or test information; an exemption
SUMMARY:
E:\FR\FM\20OCN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Notices]
[Pages 66550-66552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23154]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2020-0442; FRL-10014-36-OAR]
Approval of the Request for Other Use of Phosphogypsum by the
Fertilizer Institute
AGENCY: Environmental Protection Agency (EPA).
[[Page 66551]]
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving,
subject to certain conditions, a request by The Fertilizer Institute
for use of phosphogypsum in government road projects. This decision and
supporting information is being made available to the public through
this notice. Under the Clean Air Act, the EPA may approve a request for
other use of phosphogypsum if it determines that the proposed use is at
least as protective of human health as placement in a stack, which is
the designated management method. With this approval, and in accordance
with its terms and conditions, government entities may use
phosphogypsum for road construction projects.
DATES: October 20, 2020.
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: [email protected].
Organization of this document. The information in this notice is
organized as follows:
I. General Information
A. How can I get copies of this document and other related
information?
II. Background and Overview of Decision
A. The EPA's 1992 Risk Assessment
B. Request by The Fertilizer Institute
C. TFI's Risk Assessment
D. Terms and Conditions of the Approval
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 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. 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 (https://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR).
II. Background and Overview of Decision
Phosphogypsum stacks are large piles of waste from wet acid
phosphorous production. There are more than 60 stacks of phosphogypsum
located in 13 different states. The majority of these stacks are
located in the southeastern region of the United States. Because the
phosphate ore used to produce the phosphoric acid contains relatively
high concentrations of uranium and radium, phosphogypsum stacks also
contain high concentrations of these elements. The presence of radium
in the stacks causes them to release radon gas into the atmosphere.
The EPA regulates the management of phosphogypsum based on its
elevated levels of radium and its decay products, including radon gas,
which is classified as a hazardous air pollutant under the Clean Air
Act. As required by 40 CFR part 61, subpart R (hereafter ``Subpart
R''), phosphogypsum must be disposed of in engineered piles, called
stacks, with the exception of limited use for agricultural and research
purposes. In addition, applicants may request approval of other uses of
phosphogypsum by following the process prescribed in 40 CFR 61.206.
A. The EPA's 1992 Risk Assessment
The EPA initially established the requirement that phosphogypsum be
placed into stacks without any exceptions (54 FR 51674, December 15,
1989). In response to petitions for reconsideration, the EPA re-
evaluated the risks of selected applications of phosphogypsum against
the risks from stacking (57 FR 23305, June 3, 1992).\1\ The EPA
determined that the use of phosphogypsum in limited agricultural and
indoor research activities could be as protective of human health, in
the short- and long-term, as stacking. These approved uses were
incorporated into Subpart R at 40 CFR 61.204-205.
---------------------------------------------------------------------------
\1\ ``Potential Uses of Phosphogypsum and Associated Risks:
Background Information Document,'' EPA 402-R92-002, May 1992.
---------------------------------------------------------------------------
The EPA also assessed the use of phosphogypsum in road
construction. While the risks were found to be acceptable from most of
the exposure scenarios analyzed, the potential risks to residents of
dwellings constructed on an abandoned road were calculated to be
unacceptably high. The EPA therefore did not approve road construction
as a categorical use of phosphogypsum. The EPA did, however, define in
40 CFR 61.206 a process to request approval of other uses of
phosphogypsum, including a risk assessment demonstrating that the
proposed use is at least as protective of human health, in the short-
and long-term, as placement in a stack. As stated in the preamble to
the final rule, the measure of protectiveness is lifetime risk of fatal
cancer to individuals. In connection with the removal of phosphogypsum
from stacks for authorized uses, the EPA incorporated sampling,
certification, and record-keeping requirements into Subpart R at 40 CFR
61.207 through 61.209.
B. Request by The Fertilizer Institute
On October 15, 2019, The Fertilizer Institute (TFI) submitted its
initial ``Request for Approval of Additional Uses of Phosphogypsum
Pursuant to 40 CFR 61.206,'' requesting that EPA approve the use of
phosphogypsum in road construction. Subsequently, on April 7, 2020, TFI
submitted, on behalf of its members that own or operate phosphogypsum
stacks, a revised request: ``Revised Request for Approval of Additional
Uses of Phosphogypsum Pursuant to 40 CFR 61.206: Use in Road
Construction Projects Authorized by Federal, State and Local
Departments of Transportation or Public Works.''
TFI requested that phosphogypsum be approved specifically for
government road projects 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
ASTM,\2\ 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. Notably, as
envisioned by the request, the submitter of the request (TFI) would not
be the entity using the phosphogypsum, although its members may supply
the phosphogypsum to the end user (i.e., the government agency
responsible for the road construction project). To address this
situation, the terms and conditions of the approval require that the
phosphogypsum supplier (stack owner or operator) and the end user each
provide information to the EPA, as appropriate, prior to removal of
phosphogypsum from the stack.
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\2\ Formerly the American Society for Testing and Materials, now
ASTM International.
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TFI estimates that the cost of transportation would make the use of
[[Page 66552]]
phosphogypsum uneconomical at distances greater than about 200 miles
from a stack.\3\ In that case, the regional distribution of
phosphogypsum stacks suggests that its use for road construction would
likely be concentrated in the southeastern part of the country but
could also occur in western states such as Idaho and Wyoming.
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\3\ ``Economic Analysis of Phosphogypsum Reuse,'' prepared for
TFI by Policy Navigation Group, submitted as Appendix 6 to TFI's
Revised Request, December 2019, page 19.
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C. TFI's Risk Assessment
As required by Subpart R, TFI submitted a risk assessment as part
of its request.\4\ The risk assessment assessed potential exposures to
individuals in various scenarios involving road users, nearby
residents, and road construction workers. TFI's exposure scenarios and
modeling approaches were largely consistent with the EPA's 1992
analysis, as were the overall results.
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\4\ ``Radiological Risk Assessment in Support of Petition for
Beneficial Use of Phosphogypsum,'' prepared for TFI by Arcadis
Canada Inc., submitted as Appendix 2 to TFI's Revised Request,
October 2019.
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The EPA finds TFI's risk assessment to adequately demonstrate that
the use of phosphogypsum in road construction will be at least as
protective of human health, in the short- and long-term, as
stacking.\5\ However, as in 1992, the EPA remains concerned about
potential exposures should the road become abandoned, particularly for
a residence built on road material containing phosphogypsum. The EPA
does not agree that TFI's assumptions in its analysis of this scenario,
such as the use of radon resistant home construction techniques, could
be relied upon to limit the potential risks to a future residential
individual from such an occurrence. In this case, however, the EPA
believes that this risk can be acceptably mitigated by including
appropriate terms and conditions in the approval.
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\5\ ``Review of the Radiological Risk Assessment Submitted in
Support of Request for Approval of Other Use of Phosphogypsum,''
October 2019, The Fertilizer Institute.
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In defining its request and exposure scenarios, TFI's risk
assessment assumes certain limitations involving the construction and
placement of roads. For example, phosphogypsum incorporated into the
road base and the road surface is limited in its radium-226
concentration and is assumed to be mixed with other materials in
limited proportions. The terms and conditions of the approval reflect
these assumptions and limitations.
D. Terms and Conditions of the Approval
The EPA has determined that, subject to the terms and conditions
summarized below, phosphogypsum may be removed from stacks and used in
government road projects, as requested by TFI. This approval to use
phosphogypsum in road construction does not authorize the removal of
any phosphogypsum from any stacks or the use of any phosphogypsum for
road construction unless and until the information required by the
``Initial Conditions,'' below, is provided to EPA. Only after such
information is provided to EPA, may phosphogypsum be removed from
stacks and used in road construction, further provided that the
conditions expressed in ``Other Conditions,'' below, continue to be
met. A complete listing of the terms and conditions applicable to this
approval may be found in the approval letter.\6\ Additional supporting
documentation, such as the complete TFI request and risk assessment,
are also in the docket.
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\6\ Letter from Andrew Wheeler, Administrator, Environmental
Protection Agency, to Corey Rosenbusch, President and CEO, The
Fertilizer Institute, Docket No. EPA-HQ-OAR-2020-0442.
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1. Initial Conditions
Prior to the distribution and/or use of phosphogypsum for any
government road project, the owner or operator of the stack from which
phosphogypsum is to be distributed or the governmental entity
responsible for building and maintaining the road, as appropriate, must
submit to the Agency all information required by 40 CFR 61.206(b), as
more specifically described in the approval letter.
2. Other Conditions \7\
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\7\ In addition to the information required by 40 CFR 61.206(b),
as noted in connection with the ``Initial Conditions,'' the ``Other
Conditions'' include conditions associated with the requirements of
40 CFR 61.206(d) and 61.207-61.209; conditions inherent in the
nature of or limitations or assumptions associated with TFI's
request; and conditions imposed under the EPA's authority and
discretion under 40 CFR 61.206(e). The EPA believes that these
conditions are either required by 40 CFR part 61, subpart R or are
reasonably appropriate to help provide continued assurance that the
use is at least as protective as disposal of phosphogypsum in stacks
and will ensure that the removal of phosphogypsum from stacks and
use in government road projects will be consistent with TFI's
request and will occur with public notice and appropriate
information availability.
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Subsequent to the provision of the initial required information to
EPA, phosphogypsum may be used in government road projects in
accordance with additional conditions, as stated in the approval
letter, including, for example, conditions related to:
Continued control, maintenance, and use of the road;
Sampling, certification, and record-keeping requirements
in 40 CFR 61.206(d) and 61.207 through 61.209;
Construction of the road consistent with the assumptions,
scenarios, limitations, and parameters analyzed in TFI's risk
assessment, including an average radium content of no more than 35 pCi/
g, no more than 2.25% PG by weight in surface pavement and no more than
50% PG by weight in the road base; and
Notification and availability of information for the
public and road construction workers on the use of phosphogypsum in the
road project.
Any use of phosphogypsum not consistent with the terms and
conditions and any other limitations set forth in this approval shall
be construed as unauthorized distribution of phosphogypsum and may
constitute a violation of or noncompliance with 40 CFR part 61, subpart
R. This approval is pursuant to Subpart R promulgated under the
authority of the Clean Air Act. This approval does not relieve TFI,
phosphogypsum stack owners or operators or resellers, retailers,
distributors, or end users or other entities handling, processing or
using phosphogypsum of responsibility to comply with other applicable
laws and regulations.
Andrew Wheeler,
Administrator.
[FR Doc. 2020-23154 Filed 10-19-20; 8:45 am]
BILLING CODE 6560-50-P
