Notice of Pending Approval for Other Use of Phosphogypsum, 81910-81912 [2024-23294]

Download as PDF 81910 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices Additional information about the Project is available from the Commission’s Office of External Affairs at (866) 208–FERC or on the FERC website (www.ferc.gov). Using the ‘‘eLibrary’’ link, select ‘‘General Search’’ from the eLibrary menu, enter the selected date range and ‘‘Docket Number’’ excluding the last three digits (i.e., CP24–494), and follow the instructions. For assistance with access to eLibrary, the helpline can be reached at (866) 208–3676, TTY (202) 502–8659, or at FERCOnlineSupport@ferc.gov. The eLibrary link on the FERC website also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings. Dated: October 2, 2024. Debbie-Anne A. Reese, Acting Secretary. [FR Doc. 2024–23303 Filed 10–8–24; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 15364–000] khammond on DSKJM1Z7X2PROD with NOTICES Desert Bloom Energy Storage, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications On June 14, 2024, Desert Bloom Energy Storage, LLC, filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the Desert Bloom Energy Storage Project (Desert Bloom Project or project) to be located near the city of Las Vegas in Clark County, Nevada. The proposed project would occupy federal land managed by the Bureau of Land Management. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners’ express permission. The proposed project would be a closed-loop pumped storage project that would consist of the following: (1) a new upper reservoir with a maximum elevation of 4,810 feet above mean sea level (MSL), and a storage capacity of 4,900 acre-feet; (2) a new lower reservoir with a maximum elevation of 3,320 feet MSL, and a storage capacity of 4,900 VerDate Sep<11>2014 17:05 Oct 08, 2024 Jkt 265001 acre-feet; (3) a 21-foot-diameter, 4,300foot-long concrete and steel penstock; (4) a powerhouse with approximate dimensions of 200 feet by 100 feet and 150 feet high, and containing two vertical single-stage reversible Francistype pump/turbine units with a total installed capacity of 450 megawatts; (5) a 132-kilovolt, 3.5-mile-long transmission line; and (6) appurtenant facilities. The water used to initially fill the reservoirs and supplement evaporative losses will either be hauled or piped in from a yet-to-be-determined source. The estimated annual generation of the Desert Bloom Project would be 1,170 gigawatt-hours. Applicant Contact: Jonathan Blum, Desert Bloom Energy Storage, LLC; 10000 West Charleston Blvd., Suite 230, Las Vegas, Nevada 89135; (702) 910– 3329. FERC Contact: Lee Baker; email: everard.baker@ferc.gov; phone: (202) 502–8554. Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36. The Commission’s Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members, and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502–6595 or OPP@ ferc.gov. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission’s eFiling system at https:// ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at https://ferconline.ferc.gov/.aspx. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Acting Secretary DebbieAnne A. Reese, Federal Energy PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Regulatory Commission, 888 First Street NE, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Acting Secretary Debbie-Anne A. Reese, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any filing should include docket number P–15364–000. More information about this project, including a copy of the application, can be viewed or printed on the ‘‘eLibrary’’ link of Commission’s website at https:// www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P–15364) in the docket number field to access the document. For assistance, contact FERC Online Support. Dated: October 3, 2024. Debbie-Anne A. Reese, Acting Secretary. [FR Doc. 2024–23385 Filed 10–8–24; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2024–0446; FRL–12268–01– OAR] Notice of Pending Approval for Other Use of Phosphogypsum Office of Air and Radiation, Environmental Protection Agency (EPA). ACTION: Notice of availability. AGENCY: The Environmental Protection Agency (the EPA or the Agency) seeks public comment on its pending approval of a request for a ‘‘Small-scale Road Pilot Project on Private Land in Florida’’ submitted by Mosaic Fertilizer, LLC in March 2022, and updated by the ‘‘Revised Request for Approval of Use of Phosphogypsum in Small-scale Pilot Project’’, submitted in August 2023. The Agency’s review found that Mosaic’s request is complete per the requirements of EPA’s National Emissions Standards for Hazardous Air Pollutants under the Clean Air Act, and that the potential radiological risks from conducting the pilot project meet the regulatory requirement that the project is at least as protective of public health as maintaining the phosphogypsum in a stack. On October 9, 2024 the EPA issued a pending approval of the request subject to certain conditions. The EPA is soliciting public comments on the pending approval. DATES: Comments may be submitted on or before November 8, 2024. ADDRESSES: You may send comments, identified by Docket ID No. EPA–HQ– SUMMARY: E:\FR\FM\09OCN1.SGM 09OCN1 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices OAR–2024–0446 by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov (our preferred method). Follow the online instructions for submitting comments. • Email: a-and-r-Docket@epa.gov. Include Docket ID No. EPA–HQ–OAR– 2024–0446 in the subject line of the message. • U.S. Postal Service Mail: U.S. Environmental Protection Agency, EPA Docket Center, Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. • Hand Delivery/Courier: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m.–4:30 p.m., Monday–Friday (except Federal holidays). Instructions: All submissions received must include the Docket ID No. EPA– HQ–OAR–2024–0446. Comments received may be posted without change to https://www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments, see the SUPPLEMENTARY INFORMATION section of this document. Copies of Mosaic’s request, supporting materials, and the EPA’s analysis are available on the EPA’s phosphogypsum website at https://www.epa.gov/radiation/ phosphogypsum#aaup. FOR FURTHER INFORMATION CONTACT: Jonathan Walsh, Radiation Protection Division, Office of Radiation and Indoor Air, Mail Code 6608T, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; 202–343–9238; Walsh.Jonathan@ epa.gov. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES I. Public Participation Submit your comments, identified by Docket ID No. EPA–HQ–OAR–2024– 0446, at https://www.regulations.gov (our preferred method), or the other methods identified in the ADDRESSES section. Once submitted, comments cannot be edited or removed from the docket. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business VerDate Sep<11>2014 17:05 Oct 08, 2024 Jkt 265001 Information (CBI) or other information whose disclosure is restricted by statute. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA generally will not consider comments or their contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. Tips for Preparing Your Comments. When submitting comments, remember to: • Identify the notice by docket number, subject heading, Federal Register date, and page number. • Provide a brief description of yourself and your role or organization. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • Illustrate your concerns with specific examples and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. II. Background Phosphogypsum is the waste byproduct of wet acid phosphorous production. It contains elevated concentrations of the radionuclide radium, which decays to form radon gas. The EPA’s regulations under the Clean Air Act at 40 CFR part 61, subpart R (hereafter ‘‘Subpart R’’) require that phosphogypsum must be disposed of in engineered piles, called stacks, to limit public exposure to its radioactive components. Subpart R allows the removal of phosphogypsum from stacks for outdoor agricultural purposes and indoor research and development, subject to conditions and restrictions. Any other use of phosphogypsum requires prior approval from the EPA. The EPA may approve a request for a specific use of phosphogypsum if it PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 81911 determines that the proposed use is at least as protective of public health as placement of phosphogypsum in a stack. The processes for requesting such an approval are described in 40 CFR 61.206. Mosaic Fertilizer, LLC submitted a request for a Small-scale Road Pilot Project on Private Land in Florida in March 2022, and submitted a Revised Request for Approval of Use of Phosphogypsum in Small-scale Pilot Project in August 2023. Mosaic has proposed to construct a small-scale pilot project at its New Wales facility in Polk County, Florida. Mosaic’s plan is to construct four sections of test road having varying mixtures of phosphogypsum (PG) in the road base ‘‘to demonstrate the range of PG road construction designs that meet the Florida Standard Specifications for Road and Bridge construction’’ (Request for Approval of Additional Uses of Phosphogypsum Pursuant to 40 CFR 61.206, Small-scale Road Pilot Project on Private Land in Florida, Docket #). The pilot project will be constructed in the place of an existing facility road near the phosphogypsum stack, and the study will be conducted in conjunction with researchers from the University of Florida. The EPA has performed a complete review of Mosaic’s request, documented in ‘‘Review of the Small-scale Road Pilot Project on Private Land in Florida Submitted by Mosaic Fertilizer, LLC’’ (E-Docket EPA–HQ–OAR–2024–0446). The Agency’s review found that Mosaic’s request is complete per the requirements of 40 CFR 61.206(b). Further, the review found that Mosaic’s risk assessment is technically acceptable, and that the potential radiological risks from the proposed project meet the regulatory requirements of 40 CFR 61.206(c); that is, the project is at least as protective of public health as maintaining the phosphogypsum in a stack. Therefore, the Agency has issued a pending approval of the small-scale pilot project per 40 CFR 61.206. The pending approval is available at EDocket EPA–HQ–OAR–2024–0446. This approval is pending a 30-day public comment period. Approval by the Agency is specific to the pilot project as described in the Mosaic request and indicates only that this project meets the approval requirements of Subpart R. E:\FR\FM\09OCN1.SGM 09OCN1 81912 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices III. Request for Comments The Agency is soliciting public comment on its pending approval. Electronic copies of the application, the EPA’s review, and relevant background materials are available in the public docket 1 and on the EPA phosphogypsum website.2 The EPA’s decision to approve or deny a request for other use under 40 CFR 61.206 is not a rulemaking. In December 2005, the EPA issued a guidance document, ‘‘Applying to EPA for Approval of Other Uses of Phosphogypsum: Preparing and Submitting a Complete Petition Under 40 CFR 61.206, A Workbook’’ (December 2005). Although this guidance is not binding, the EPA is seeking public comment on this pending approval. Physical copies of the Mosaic request and the EPA’s technical evaluation have been placed for public review in the Mulberry Public Library, 905 NE 5th Street, Mulberry, FL 33860. The Agency will accept comment until November 8, 2024. Upon receipt of public comments, EPA will review all comments for their relevance to the pending design and determine if they contain information that would lead to a concern for human health or environmental impacts not previously considered. Comments must be specific to the small-scale pilot project as it is described in Mosaic’s request and the EPA’s pending approval. Should the EPA receive significant adverse comments on aspects of this specific pilot project, the EPA will give the applicant the opportunity to amend the analysis or request. If the comments can be successfully addressed, the EPA will publish a response to comments and notify the public. The EPA’s complete process of soliciting and addressing comments is described in Section 2.4 of ‘‘Applying to EPA for Approval of Other Uses of Phosphogypsum: Preparing and Submitting a Complete Petition Under 40 CFR 61.206, A Workbook’’. Joseph Goffman, Assistant Administrator, Office of Air and Radiation. [FR Doc. 2024–23294 Filed 10–8–24; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE P 1 Docket ID No. EPA–HQ–OAR–2024–0446. 2 https://www.epa.gov/radiation/ phosphogypsum#aaup. VerDate Sep<11>2014 17:05 Oct 08, 2024 Jkt 265001 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OA–2024–0043; FRL–12321–01– OA] National Environmental Youth Advisory Council; Notification of Public Meeting Environmental Protection Agency (EPA). ACTION: Notice of meeting. AGENCY: Pursuant to the Federal Advisory Committee Act (FACA), the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Youth Advisory Council (NEYAC) will meet on the date and time described below. The meeting is open to the public. For additional information about registering to attend the meeting or to provide a public comment, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Due to unforeseen administrative circumstances, EPA is announcing this meeting with less than 15 calendar days’ notice. DATES: The NEYAC will convene a virtual public meeting on Tuesday, October 22, 2024. A public comment period relevant to the NEYAC will be considered by the NEYAC at the meeting (see SUPPLEMENTARY INFORMATION). Members of the public who wish to participate during the public comment period must register by 11:59 p.m., eastern time, Tuesday, October 15, 2024. ADDRESSES: You may send comments, identified by Docket ID No. EPA–HQ– OA–2024–0043, by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online instructions for submitting comments. • Email: neyac@epa.gov. Include Docket ID No. EPA–HQ–OA–2024–0043 in the subject line of the message. Instructions: All submissions received must include the Docket ID No. for this public meeting. Comments received may be posted without change to https://www.regulations.gov/, including any personal information provided. Comments must be submitted by 11:59 p.m. eastern time on Tuesday, November 5, 2024. For detailed instructions on sending comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. The virtual meeting will be through an online audio and video platform. The SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 meeting will convene on Tuesday, October 22, from 12 p.m. to 4:00 p.m. eastern time. Refer to the SUPPLEMENTARY INFORMATION section below for additional information. FOR FURTHER INFORMATION CONTACT: Carissa Cyran, NEYAC Designated Federal Officer (1702A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 566–1353; email address: cyran.carissa@epa.gov. Additional information about the NEYAC is available at https:// www.epa.gov/faca/nationalenvironmental-youth-advisory-councilneyac. The NEYAC will present the final recommendations to EPA on the topics the council has been deliberating, which include environmental justice and youth, climate change and environmental justice, and food loss and waste. EPA will also present the next set charge questions to the NEYAC. An agenda and meeting material will be posted online at https://www.epa.gov/ faca/national-environmental-youthadvisory-council-neyac-meetings. SUPPLEMENTARY INFORMATION: I. Public Participation Individual registration is required for the public meeting. No two individuals can share the same registration link. Members of the public wishing to attend or participate virtually must contact neyac@epa.gov with your name, organization, city and state, and email address to receive a link to the meeting. Please also indicate whether you would like to provide public comment during the meeting, or if you are submitting written comments. Registration to attend the meeting is available until the scheduled end time of the meeting. Registration to speak during the public comment period will close at 11:59 p.m., eastern time, on Tuesday, October 15, 2024. Information on how to register is located at https://www.epa.gov/faca/ national-environmental-youth-advisorycouncil-neyac. A. Written Comments Submit your comments, identified by Docket ID No. EPA–HQ–OA–2024– 0043, at https://www.regulations.gov (our preferred method), or the other methods identified in the ADDRESSES section. Comments must be submitted by 11:59 p.m. eastern time on Tuesday, November 5, 2024. Once submitted, comments cannot be edited or removed from the docket. EPA may publish any comment received to its public docket. Do not submit to EPA’s docket at https://www.regulations.gov any E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Notices]
[Pages 81910-81912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23294]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2024-0446; FRL-12268-01-OAR]


Notice of Pending Approval for Other Use of Phosphogypsum

AGENCY: Office of Air and Radiation, Environmental Protection Agency 
(EPA).

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (the EPA or the Agency) 
seeks public comment on its pending approval of a request for a 
``Small-scale Road Pilot Project on Private Land in Florida'' submitted 
by Mosaic Fertilizer, LLC in March 2022, and updated by the ``Revised 
Request for Approval of Use of Phosphogypsum in Small-scale Pilot 
Project'', submitted in August 2023. The Agency's review found that 
Mosaic's request is complete per the requirements of EPA's National 
Emissions Standards for Hazardous Air Pollutants under the Clean Air 
Act, and that the potential radiological risks from conducting the 
pilot project meet the regulatory requirement that the project is at 
least as protective of public health as maintaining the phosphogypsum 
in a stack. On October 9, 2024 the EPA issued a pending approval of the 
request subject to certain conditions. The EPA is soliciting public 
comments on the pending approval.

DATES: Comments may be submitted on or before November 8, 2024.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-

[[Page 81911]]

OAR-2024-0446 by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2024-0446 in the subject line of the message.
     U.S. Postal Service Mail: U.S. Environmental Protection 
Agency, EPA Docket Center, Air and Radiation Docket, Mail Code 28221T, 
1200 Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery/Courier: EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., 
Monday-Friday (except Federal holidays).
    Instructions: All submissions received must include the Docket ID 
No. EPA-HQ-OAR-2024-0446. Comments received may be posted without 
change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments, 
see the SUPPLEMENTARY INFORMATION section of this document. Copies of 
Mosaic's request, supporting materials, and the EPA's analysis are 
available on the EPA's phosphogypsum website at https://www.epa.gov/radiation/phosphogypsum#aaup.

FOR FURTHER INFORMATION CONTACT: Jonathan Walsh, Radiation Protection 
Division, Office of Radiation and Indoor Air, Mail Code 6608T, 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460; 202-343-9238; [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2024-
0446, at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section.
    Once submitted, comments cannot be edited or removed from the 
docket. EPA may publish any comment received to its public docket. Do 
not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA generally will not consider comments or their 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the notice by docket number, subject heading, 
Federal Register date, and page number.
     Provide a brief description of yourself and your role or 
organization.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     Illustrate your concerns with specific examples and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    Phosphogypsum is the waste byproduct of wet acid phosphorous 
production. It contains elevated concentrations of the radionuclide 
radium, which decays to form radon gas. The EPA's regulations under the 
Clean Air Act at 40 CFR part 61, subpart R (hereafter ``Subpart R'') 
require that phosphogypsum must be disposed of in engineered piles, 
called stacks, to limit public exposure to its radioactive components. 
Subpart R allows the removal of phosphogypsum from stacks for outdoor 
agricultural purposes and indoor research and development, subject to 
conditions and restrictions. Any other use of phosphogypsum requires 
prior approval from the EPA. The EPA may approve a request for a 
specific use of phosphogypsum if it determines that the proposed use is 
at least as protective of public health as placement of phosphogypsum 
in a stack. The processes for requesting such an approval are described 
in 40 CFR 61.206.
    Mosaic Fertilizer, LLC submitted a request for a Small-scale Road 
Pilot Project on Private Land in Florida in March 2022, and submitted a 
Revised Request for Approval of Use of Phosphogypsum in Small-scale 
Pilot Project in August 2023. Mosaic has proposed to construct a small-
scale pilot project at its New Wales facility in Polk County, Florida. 
Mosaic's plan is to construct four sections of test road having varying 
mixtures of phosphogypsum (PG) in the road base ``to demonstrate the 
range of PG road construction designs that meet the Florida Standard 
Specifications for Road and Bridge construction'' (Request for Approval 
of Additional Uses of Phosphogypsum Pursuant to 40 CFR 61.206, Small-
scale Road Pilot Project on Private Land in Florida, Docket #). The 
pilot project will be constructed in the place of an existing facility 
road near the phosphogypsum stack, and the study will be conducted in 
conjunction with researchers from the University of Florida.
    The EPA has performed a complete review of Mosaic's request, 
documented in ``Review of the Small-scale Road Pilot Project on Private 
Land in Florida Submitted by Mosaic Fertilizer, LLC'' (E-Docket EPA-HQ-
OAR-2024-0446). The Agency's review found that Mosaic's request is 
complete per the requirements of 40 CFR 61.206(b). Further, the review 
found that Mosaic's risk assessment is technically acceptable, and that 
the potential radiological risks from the proposed project meet the 
regulatory requirements of 40 CFR 61.206(c); that is, the project is at 
least as protective of public health as maintaining the phosphogypsum 
in a stack. Therefore, the Agency has issued a pending approval of the 
small-scale pilot project per 40 CFR 61.206. The pending approval is 
available at E-Docket EPA-HQ-OAR-2024-0446. This approval is pending a 
30-day public comment period. Approval by the Agency is specific to the 
pilot project as described in the Mosaic request and indicates only 
that this project meets the approval requirements of Subpart R.

[[Page 81912]]

III. Request for Comments

    The Agency is soliciting public comment on its pending approval. 
Electronic copies of the application, the EPA's review, and relevant 
background materials are available in the public docket \1\ and on the 
EPA phosphogypsum website.\2\ The EPA's decision to approve or deny a 
request for other use under 40 CFR 61.206 is not a rulemaking. In 
December 2005, the EPA issued a guidance document, ``Applying to EPA 
for Approval of Other Uses of Phosphogypsum: Preparing and Submitting a 
Complete Petition Under 40 CFR 61.206, A Workbook'' (December 2005). 
Although this guidance is not binding, the EPA is seeking public 
comment on this pending approval. Physical copies of the Mosaic request 
and the EPA's technical evaluation have been placed for public review 
in the Mulberry Public Library, 905 NE 5th Street, Mulberry, FL 33860.
---------------------------------------------------------------------------

    \1\ Docket ID No. EPA-HQ-OAR-2024-0446.
    \2\ https://www.epa.gov/radiation/phosphogypsum#aaup.
---------------------------------------------------------------------------

    The Agency will accept comment until November 8, 2024. Upon receipt 
of public comments, EPA will review all comments for their relevance to 
the pending design and determine if they contain information that would 
lead to a concern for human health or environmental impacts not 
previously considered. Comments must be specific to the small-scale 
pilot project as it is described in Mosaic's request and the EPA's 
pending approval. Should the EPA receive significant adverse comments 
on aspects of this specific pilot project, the EPA will give the 
applicant the opportunity to amend the analysis or request. If the 
comments can be successfully addressed, the EPA will publish a response 
to comments and notify the public. The EPA's complete process of 
soliciting and addressing comments is described in Section 2.4 of 
``Applying to EPA for Approval of Other Uses of Phosphogypsum: 
Preparing and Submitting a Complete Petition Under 40 CFR 61.206, A 
Workbook''.

Joseph Goffman,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2024-23294 Filed 10-8-24; 8:45 am]
BILLING CODE P
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