2026-08097NoticeWallet

EPA Says No to Relaxing Rules on Radioactive Fertilizer Waste

Published Date: 4/24/2026

Notice

Summary

The EPA is saying no to changing the rules that treat phosphogypsum and its wastewater as hazardous waste. This means companies handling these materials won’t face new strict hazardous waste rules, keeping things steady for now. The EPA wants your thoughts by May 26, 2026, before making a final call.

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Phosphogypsum Rules Stay As-Is

The EPA is proposing to deny the 2021 petition to treat phosphogypsum and phosphoric acid process wastewater as hazardous waste under RCRA Subtitle C. That means phosphogypsum and process wastewater remain excluded from Subtitle C regulation (the EPA's 1991 Bevill determination remains in place), and the EPA says this proposed denial creates no incremental costs or benefits. The EPA previously concluded in 1991 that Subtitle C controls would have resulted in "unsustainable costs exceeding the operating margins of facilities."

Public Comment Window Open Until May 26, 2026

The EPA is requesting public comment on its proposed denial and says comments must be received on or before May 26, 2026. Submit comments identified by Docket ID No. EPA-HQ-OLEM-2026-0232 via https://www.regulations.gov, by mail to the EPA Docket Center (Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460), or by hand delivery to the WJC West Building (Room 3334).

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Key Dates

Published Date
Comments Due
4/24/2026
5/26/2026

Department and Agencies

Department
Independent Agency
Agency
Environmental Protection Agency
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