Notice of Pending Approval for Other Use of Phosphogypsum; Extension of Public Comment Period, 88762-88764 [2024-25746]
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88762
Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices
issuances and submittals in specific
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Dated: October 30, 2024.
Debbie-Anne A. Reese,
Secretary.
Appeals for the appropriate circuit no
later than January 7, 2025.
Dated: November 2, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024–25944 Filed 11–7–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R08–SFUND–2024–0470; FRL–12305–
01–R8]
[FR Doc. 2024–26045 Filed 11–7–24; 8:45 am]
BILLING CODE 6717–01–P
Cashout Settlement Agreement:
Broderick Wood Products, Superfund
Site, Adams County, Colorado,
Broderick Investment Company
ENVIRONMENTAL PROTECTION
AGENCY
Clean Air Act Operating Permit
Program; Order on Petition for
Objection to State Operating Permit for
Ultramar Inc.
Environmental Protection
Agency (EPA).
ACTION: Notice of final order on petition.
AGENCY:
The Environmental Protection
Agency (EPA) Administrator signed an
order dated October 4, 2024, denying a
petition dated July 13, 2024, from Dr.
Genghmun Eng. The petition requested
that the EPA object to a Clean Air Act
(CAA) title V operating permit renewal
issued by the South Coast Air Quality
Management District (SCAQMD) to
Ultramar Inc. for its refinery located in
Wilmington, Los Angeles County,
California.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Nidia K. Trejo, EPA Region 9, (415)
972–3968, trejo.nidia@epa.gov. The
final order and petition are available
electronically at: https://www.epa.gov/
title-v-operating-permits/title-v-petitiondatabase.
The EPA
received a petition from Dr. Genghmun
Eng dated July 13, 2024, requesting that
the EPA object to the issuance of
operating permit renewal for Facility ID
800026, issued by SCAQMD to Ultramar
Inc. in Wilmington, Los Angeles
County, California. On October 4, 2024,
the EPA Administrator issued an order
denying the petition. The order itself
explains the basis for the EPA’s
decision.
Sections 307(b) and 505(b)(2) of the
CAA provide that a petitioner may
request judicial review of those portions
of an order that deny issues in a
petition. Any petition for review shall
be filed in the United States Court of
ddrumheller on DSK120RN23PROD with NOTICES1
SUPPLEMENTARY INFORMATION:
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17:38 Nov 07, 2024
Jkt 265001
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed agreement;
request for public comment.
AGENCY:
[FRL–12350–01–R9]
Notice is hereby given by the
U.S. Environmental Protection Agency
(EPA), Region 8, of a Cashout
Agreement between the United States
on behalf of the EPA, the State of
Colorado (State), and Broderick
Investment Company (Settling Party), at
the Broderick Wood Products
Superfund Site (Site) located in Adams
County, Colorado. By entering into this
Settlement Agreement, the mutual
objective of the Parties is to avoid
difficult and prolonged litigation by
allowing Settling Party to make a cash
payment to address its alleged civil
liability for the Site.
DATES: Comments must be submitted on
or before December 9, 2024.
ADDRESSES: The proposed agreement
and additional background information
relating to the agreement will be
available upon request and will be
posted at https://www.epa.gov/
superfund. Comments and requests for
an electronic copy of the proposed
agreement should be addressed to
Natalie Timmons, Enforcement
Specialist, Superfund and Emergency
Management Division, Environmental
Protection Agency—Region 8, Mail
Code 8SEM–PAC, 1595 Wynkoop Street,
Denver, Colorado 80202, telephone
number: (303) 312–6385 or email
address: timmons.natalie@epa.gov and
should reference the Broderick Wood
Products Superfund Site. You may also
send comments, identified by Docket ID
No. EPA–R08–SFUND–2024–0470 to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Kayleen Castelli, General Attorney,
Office of Regional Counsel,
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
Environmental Protection Agency,
Region 8, Mail Code 8 ORC–LEB–CES_
1595 Wynkoop, Denver, Colorado
80202, telephone number: (303) 312–
6174, email address: castelli.kayleen@
epa.gov.
SUPPLEMENTARY INFORMATION: For thirty
(30) days following the date of
publication of this document, the
Agency will receive written comments
relating to the agreement. The Agency
will consider all comments received and
may modify or withdraw its consent to
the agreement if comments received
disclose facts or considerations that
indicate that the agreement is
inappropriate, improper, or inadequate.
(In accordance with the section 122(h)
of the Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980, as amended (‘‘CERLCA’’))
Aaron Urdiales,
Division Director, Superfund and Emergency
Management Division, Region 8.
[FR Doc. 2024–25830 Filed 11–7–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2024–0446; FRL–12398–01–
OAR]
Notice of Pending Approval for Other
Use of Phosphogypsum; Extension of
Public Comment Period
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
AGENCY:
The Environmental Protection
Agency (the EPA or the Agency)
continues to seek 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 1, 2024, the EPA
issued a pending approval of the request
subject to certain conditions, and also
opened a 30-day public comment
period. With this notice, the Agency is
soliciting public comments for an
additional 15 days.
SUMMARY:
E:\FR\FM\08NON1.SGM
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Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices
Comments may be submitted on
or before November 23, 2024.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
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:
ddrumheller on DSK120RN23PROD with NOTICES1
DATES:
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. The
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
VerDate Sep<11>2014
17:38 Nov 07, 2024
Jkt 265001
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
PO 00000
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Fmt 4703
Sfmt 4703
88763
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.’’ 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.
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 and all supporting
documentation are available via the
regulations.gov website
(www.regulations.gov; Docket ID: EPA–
HQ–OAR–2024–0446). This approval
initially was pending a 30-day public
comment period; with today’s notice,
the Agency is extending the comment
period by an additional 15 days.
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.
III. Request for Comments
The Agency is continuing to solicit
public comment on its pending
approval until November 23, 2024.
Upon receipt of public comments, the
EPA will review them for 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
E:\FR\FM\08NON1.SGM
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Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices
pilot project, the Agency 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 Agency’s decision
to approve or deny a request for other
use under 40 CFR 61.206 is not a
rulemaking. 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.
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 Physical
copies of the Mosaic request and the
Agency’s technical evaluation have been
placed for public review in the
Mulberry Public Library, 905 NE 5th
Street, Mulberry, FL 33860.
Jonathan D. Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2024–25746 Filed 11–7–24; 8:45 am]
P
Dated: November 4, 2024.
Timothy Witman,
Acting Director, NEPA Compliance Division,
Office of Federal Activities.
ENVIRONMENTAL PROTECTION
AGENCY
[FRL OP–OFA–151]
ddrumheller on DSK120RN23PROD with NOTICES1
Final Environmental Impact
Statement, Review Period Ends: 12/
09/2024, Contact: Michael Collins
541–947–6112.
EIS No. 20240199, Final Supplement,
USFWS, BLM, UT, Supplemental
Environmental Impact Statement to
Reconsider a Highway Right-of-Way
and Associated Amendment of an
Incidental Take Permit, Washington
County, Utah, Review Period Ends:
12/09/2024, Contact: Dawna FerrisRowley 435–688–3216.
EIS No. 20240200, Draft, USACE, TX,
Cedar Port Navigation District
Channel Deepening Project, Baytown,
Texas, Comment Period Ends: 12/23/
2024, Contact: Christopher B. Ford
409–766–3079.
EIS No. 20240201, Final Supplement,
USFWS, BLM, AK, Coastal Plain Oil
and Gas Leasing Program, Review
Period Ends: 12/09/2024, Contact:
Serena Sweet 907–271–4543.
EIS No. 20240202, Final Supplement,
USACE, MD, Mid-Chesapeake Bay
Island Ecosystem Restoration at James
Island, Review Period Ends: 12/09/
2024, Contact: Dr. Angela Sowers
410–962–7440.
[FR Doc. 2024–25972 Filed 11–7–24; 8:45 am]
Environmental Impact Statements;
Notice of Availability
BILLING CODE 6560–50–P
Responsible Agency: Office of Federal
Activities, General Information 202–
564–5632 or https://www.epa.gov/nepa.
Weekly receipt of Environmental Impact
Statements (EIS)
Filed October 28, 2024 10 a.m. EST
Through November 4, 2024 10 a.m.
EST
Pursuant to 40 CFR 1506.9.
Notice: Section 309(a) of the Clean Air
Act requires that EPA make public its
comments on EISs issued by other
Federal agencies. EPA’s comment letters
on EISs are available at: https://
cdxapps.epa.gov/cdx-enepa-II/public/
action/eis/search.
EIS No. 20240196, Final, NPS, FL, Big
Cypress National Preserve, Final
Backcountry Access Plan/Wilderness
Study/Final Environmental Impact
Statement, Review Period Ends: 12/
09/2024, Contact: Thomas Forsyth
239–695–1101.
EIS No. 20240197, Final, BLM, OR,
Lakeview Proposed Resource
Management Plan Amendment and
ENVIRONMENTAL PROTECTION
AGENCY
1 Docket
ID No. EPA–HQ–OAR–2024–0446.
2 https://www.epa.gov/radiation/
phosphogypsum#aaup.
VerDate Sep<11>2014
17:38 Nov 07, 2024
Jkt 265001
[EPA–HQ–OAR–2020–0312; FRL–7887–05–
OAR]
Release of Planning Update in the
Review of the Lead National Ambient
Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
AGENCY:
On or about November 8,
2024, the Environmental Protection
Agency (EPA) is making available to the
public an update on two aspects of the
approach for the quantitative human
exposure and health risk analyses,
Update on Two Aspects of the
Analytical Approach (Update). This
Update provides additional detail
regarding aspects of the analysis plans
described in Volume 3 of the Integrated
Review Plan for the Lead National
Ambient Air Quality Standards (IRP).
The national ambient air quality
standards (NAAQS) for lead (Pb) are set
to protect the public health and the
public welfare from Pb in ambient air.
SUMMARY:
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
Volume 3 of the IRP is the planning
document for quantitative analyses to be
considered in the policy assessment
(PA), including human exposure and
health risk analyses.
DATES: Comments must be received on
or before December 9, 2024.
ADDRESSES: You may send comments on
this document, identified by Docket ID
No. EPA–HQ–OAR–2020–0312, by any
of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
preferred method). Follow the online
instructions for submitting comments.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Office of Air and Radiation Docket, Mail
Code 28221T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
• Hand Delivery or Courier (by
scheduled appointment only): 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. for this
notice. 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.
The document described here will be
available on the EPA’s website at
https://www.epa.gov/naaqs/lead-pb-airquality-standards. The document will
be accessible under ‘‘Planning
Documents’’ for the current review.
FOR FURTHER INFORMATION CONTACT: Dr.
Deirdre L. Murphy, Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency, Mail
Code: C504–06, 109 T.W. Alexander
Drive, P.O. Box 12055, Research
Triangle Park, NC 27711; telephone
number: 919–541–0729; or email:
murphy.deirdre@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
Written Comments
Submit your comments, identified by
Docket ID No. EPA–HQ–OAR–2020–
0312, 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. The 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\08NON1.SGM
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Agencies
[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88762-88764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25746]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2024-0446; FRL-12398-01-OAR]
Notice of Pending Approval for Other Use of Phosphogypsum;
Extension of Public Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (the EPA or the Agency)
continues to seek 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 1, 2024, the EPA issued a pending approval of
the request subject to certain conditions, and also opened a 30-day
public comment period. With this notice, the Agency is soliciting
public comments for an additional 15 days.
[[Page 88763]]
DATES: Comments may be submitted on or before November 23, 2024.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
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. The 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.'' 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. 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 and
all supporting documentation are available via the regulations.gov
website (www.regulations.gov; Docket ID: EPA-HQ-OAR-2024-0446). This
approval initially was pending a 30-day public comment period; with
today's notice, the Agency is extending the comment period by an
additional 15 days. 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.
III. Request for Comments
The Agency is continuing to solicit public comment on its pending
approval until November 23, 2024. Upon receipt of public comments, the
EPA will review them for 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
[[Page 88764]]
pilot project, the Agency 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 Agency's decision to approve or deny a request for other
use under 40 CFR 61.206 is not a rulemaking. 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.
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\ Physical copies of the Mosaic
request and the Agency's technical evaluation have been placed for
public review in the Mulberry Public Library, 905 NE 5th Street,
Mulberry, FL 33860.
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\1\ Docket ID No. EPA-HQ-OAR-2024-0446.
\2\ https://www.epa.gov/radiation/phosphogypsum#aaup.
Jonathan D. Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2024-25746 Filed 11-7-24; 8:45 am]
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