EPA denies petition to improve oversite of phosphogypsum waste

Phosphate companies have had decades to figure out a way to dispose of their radioactive wastes in a way that doesn’t put the public and environment at risk of spills, and they have yet to do so”

Glenn Compton, chairman of ManaSota-88

On Thursday, the Environmental Protection Agency denied a petition by conservation groups to improve federal oversight of the radioactive waste produced by phosphogypsum facilities, including wastewater from phosphoric acid production.

Phosphogypsum and process wastewater from phosphogypsum facilities are currently excluded from certain federal hazardous waste regulations. Under this regulatory system, there have been numerous toxic waste spills into the environment. A 30-day public comment period on the decision begins on Friday. Click here to submit a comment.

“This casual denial of our petition exposes the EPA’s habit of prioritizing industry profits over protecting the public from this dangerous, toxic waste,” said Ragan Whitlock, a staff attorney at the Center for Biological Diversity. "It’s disturbing that the agency refuses to change course even after a pollution disaster like the massive toxic discharges from Piney Point into Tampa Bay, which harmed wildlife and water quality. Once again, the EPA has ditched its mission to protect the environment in favor of cutting costs for Fortune 500 fertilizer companies, even if it means ignoring unchecked toxic risks to the American public and our land, water, and wildlife."

Phosphogypsum is the radioactive waste from processing phosphate ore into phosphoric acid, which is predominantly used in fertilizer. Radium-226, found in phosphogypsum, has a 1,600-year radioactive decay half-life. In addition to high concentrations of radioactive materials, phosphogypsum and process wastewater can also contain carcinogens and heavy toxic metals like antimony, arsenic, barium, cadmium, chromium, copper, fluoride, lead, mercury, nickel, silver, sulfur, thallium and zinc.

“Phosphate companies have had decades to figure out a way to dispose of their radioactive wastes in a way that doesn’t put the public and environment at risk of spills, and they have yet to do so,” said Glenn Compton, chairman of ManaSota-88. “Every possible effort to minimize radiation exposure to the public should be made. EPA is mandated to protect the health of the environment and the people of this nation. However, in this case, EPA is serving the phosphate industry and needlessly risking the health and wellbeing of the public and the environment.”

For every ton of phosphoric acid produced, the fertilizer industry creates five tons of radioactive phosphogypsum waste, which is stored in mountainous stacks hundreds of acres wide and hundreds of feet tall. More than 1 billion tons of radioactive waste have already been stored in 25 stacks scattered throughout Florida. The stacks are perched above the Floridan aquifer, which supplies drinking water to 10 million people and is prone to sinkholes.

"From toxic algae blooms to fish kills, phosphorus fertilizer pollution has a real impact on communities throughout the United States," said Matt Rota, senior policy director for Healthy Gulf. "It is deeply disconcerting that the EPA has denied our request to properly regulate fertilizer waste pollution. We intend to ensure EPA hears community voices regarding the continued risk of damage to public and wildlife health from toxic fertilizer-processing waste."

Phosphogypsum stacks are also found in Arkansas, Idaho, Illinois, Iowa, Louisiana, Mississippi, Missouri, North Carolina, Texas, Utah and Wyoming. The EPA recently approved using this radioactive waste in road construction.

The regulatory petition was filed by Atchafalaya Basinkeeper, Bayou City Waterkeeper, Center for Biological Diversity, The Cherokee Concerned Citizens, Healthy Gulf, ManaSota-88, Our Santa Fe River, People for Protecting Peace River, RISE St. James, Sierra Club’s Florida and Delta chapters, Waterkeeper Alliance, and Waterkeepers Florida, which includes all 14 of Florida’s waterkeeper groups.