DeSantis Signs Bill to Test Phosphate Mining Waste in Road Construction

BRADENTON — A controversial bill that critics have referred to as the "radioactive roads" bill was recently signed into law by Florida Governor Ron DeSantis. The measure, HB 1191, categorizes phosphogypsum as a "recyclable material," allowing the Florida Department of Transportation to begin studying the feasibility of using the radioactive phosphate mining waste in the construction of roadways. 

 

Phosphogypsum is a waste byproduct of the fertilizer industry’s phosphate mining. The radioactive waste byproduct is stored in mountainous stacks referred to as "gypstacks." Manatee County is the home to one such former phosphate processing site where multiple ponds of leftover wastewater and gypsum rise from the Palmetto landscape near the county’s port. The site is most commonly referred to as Piney Point. 

 

Phosphogypsum contains uranium, thorium, and radium-226, which emits radiation in the form of radon, a radioactive gas. Radon exposure carries a risk to humans of potentially causing cancer, according to the U.S. Environmental Protection Agency. 

 

The bill had drawn strong opposition from environmental and conservation groups who urged the governor to veto the measure. 

 

In a recent Op-ed, Glenn Compton, the Chairman of the environmental advocacy group ManaSota 88, wrote, "The Environmental Protection Agency (EPA) and other studies have determined that the use of radioactive phosphate gypsum wastes as building materials is unsafe and should not be done. This decision reflects the EPA's past concern that the radium-bearing waste, if spread throughout Florida, would present a public health threat that would continue for generations, given radium's 1,630-year radioactive decay half-life."

 

But the bill’s legislative sponsors argued that identifying safe re-use for the toxic byproduct—such as in road construction—could be a better way to deal with the waste than stacking it in gypstack sites that could potentially become future environmental and public health risks like Piney Point. 

 

Critics of the bill have pointed out that while the bill claims to be about opening up research for the potential use of the toxic waste in road construction, both research and application carry a risk and possible human health implications. The most obvious benefactor, critics have argued, would be the major industry players in phosphate mining who, in the future, could begin selling off the hazardous waste byproduct for profit as a road construction material. 

 

On June 29, the Tampa Bay Times reported that phosphate fertilizer industry giant Mosaic "hosted and paid nearly $25,000 for a fundraising event” for the state lawmaker who sponsored the bill, Plant City Republican Rep. Lawrence McClure. 

 

"Some elected officials are aiding the phosphate industry in their efforts to convince people that phosphogypsum will soon become an important asset in the form of material used for construction," wrote Compton. "It appears some legislatures are advancing the interests of the phosphate industry and needlessly risking the health of future generations." 

 

Elise Bennett, Director of the Florida Center for Biological Diversity, told NPR in a statement following DeSantis' signing of the bill into law, "By signing off on this reckless handout to the fertilizer industry, Gov. DeSantis is paving the way to a toxic legacy generations of Floridians will have to grapple with." 

 

The new bill requires the Florida Department of Transportation to "evaluate the suitability" of using the material for road construction by April 1, 2024.