Federal Register #2026-08097

EPA Proposed Denial of Petition to Regulate Phosphogypsum as Hazardous Waste Under RCRA

This notice is a regulatory response from the Environmental Protection Agency (EPA) regarding a petition to regulate phosphogypsum and phosphoric acid production process wastewater as hazardous waste under RCRA Subtitle C. - Government Buyer: - Environmental Protection Agency (EPA) - Petitioners: - Center for Biological Diversity - People for Protecting Peace River (representing a consortium of non-profit groups) - Request Details: - Petition sought reversal of the 1991 Bevill regulatory determination, which currently excludes phosphogypsum and phosphoric acid production process wastewater from hazardous waste regulation - Requested EPA to establish rules for safe treatment, storage, and disposal of these materials as hazardous wastes - EPA Response: - Proposes to deny the petition, citing insufficient new information to reconsider the exclusion - Soliciting public comment on the proposed denial - Procurement Relevance: - No OEMs, vendors, products, or services are being procured - No contract, solicitation, or award is associated with this notice

Description

The Environmental Protection Agency (EPA) is responding to a rulemaking petition from the Center for Biological Diversity and People for Protecting Peace River, representing a consortium of non-profit groups. The petition requests the EPA to reverse its 1991 regulatory determination that excludes phosphogypsum and phosphoric acid production process wastewater from hazardous waste regulations under RCRA Subtitle C, and to establish rules for their safe treatment, storage, and disposal as hazardous wastes. After review, the EPA proposes to deny the petition, concluding that the petition does not provide sufficient new information to warrant reconsideration of the exclusion. The EPA is soliciting public comments on this proposed denial until May 26, 2026.

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