Response to Petition to Change Regulation of Phosphogypsum under RCRA

The Center for Biological Diversity, Bayou City Waterkeeper, Healthy Gulf, ManaSota-88, Portneuf Resource Council, Sierra Club, and Waterkeepers Florida submit the attached comments opposing the U.S. Environmental Protection Agency's (EPA) proposed denial of the request to initiate a rulemaking that removes EPA's phosphogypsum and phosphoric acid production process wastewater Bevill exclusion from regulation as hazardous waste under Subtitle C of the Resource Conservation and Recovery Act (RCRA). See Response to Petition to Change Regulation of Phosphogypsum Under RCRA, 91 Fed. Reg. 22149, 22149–54 (Apr. 24, 2026). EPA should withdraw its proposed denial, grant the petition, revisit the 1991 Bevill determination, and initiate rulemaking to regulate phosphogypsum and process wastewater under RCRA Subtitle C, including through the tailored Subtitle C authority Congress provided for mineral-processing wastes. 42 U.S.C. §§ 6921(a), 6924(x); Special Wastes From Mineral Processing (Mining Waste Exclusion), Final Regulatory Determination and Final Rule, 56 Fed. Reg. 27300, 27316–18 (June 13, 1991).

This submission supplements comments previously submitted in this docket on May 26, 202. These materials contain additional supporting exhibits omitted due to Regulations.gov attachment limitations. The Center for Biological Diversity, Bayou City Waterkeeper, Healthy Gulf, ManaSota-88, Portneuf Resource Council, Sierra Club, and Waterkeepers Florida submit these comments opposing the U.S. Environmental Protection Agency's (EPA) proposed denial of the request to initiate a rulemaking that removes EPA's phosphogypsum and phosphoric acid production process wastewater Bevill exclusion from regulation as hazardous waste under Subtitle C of the Resource Conservation and Recovery Act (RCRA). See Response to Petition to Change Regulation of Phosphogypsum Under RCRA, 91 Fed. Reg. 22149, 22149–54 (Apr. 24, 2026). EPA should withdraw its proposed denial, grant the petition, revisit the 1991 Bevill determination, and initiate rulemaking to regulate phosphogypsum and process wastewater under RCRA Subtitle C, including through the tailored Subtitle C authority Congress provided for mineral-processing wastes. 42 U.S.C. §§ 6921(a), 6924(x); Special Wastes From Mineral Processing (Mining Waste Exclusion), Final Regulatory Determination and Final Rule, 56 Fed. Reg. 27300, 27316–18 (June 13, 1991).