I 

118TH CONGRESS 

2D SESSION H. R. 10304 

To direct the Administrator of the Environmental Protection Agency to revise 

section 61.206 of title 40, Code of Federal Regulations, to approve 

certain distribution or use of phosphogypsum, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 5, 2024 

Mr. FROST (for himself and Mrs. CHERFILUS-MCCORMICK) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To direct the Administrator of the Environmental Protection 

Agency to revise section 61.206 of title 40, Code of 

Federal Regulations, to approve certain distribution or 

use of phosphogypsum, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Radioactive Roads 

5 Act of 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Since 1992, the Environmental Protection 

2 Agency (hereinafter referred to as the ‘‘EPA’’) has 

3 prohibited the use of phosphogypsum in road con4 struction, citing numerous scenarios that would ex5 pose the public, and especially road construction 

6 workers, to an unacceptable risk of cancer. 

7 (2) EPA prohibited use of phosphogypsum in 

8 roads because it contains uranium and radium that 

9 produce radionuclides linked to higher risks of can10 cer and genetic damage. The Clean Air Act was 

11 amended in 1977 after finding that exposure to ra12 dioactive materials can cause serious harm to health, 

13 and that exposures to radioactivity are cumulative, 

14 which means each new or additional exposure in15 creases the risk of serious illness. 

16 (3) EPA found that phosphogypsum used in 

17 roads could contaminate nearby surface and ground18 water quality through leaching, and that radioactive 

19 material could be resuspended into the air by wind 

20 and vehicle traffic. 

21 (4) EPA found that stacking of phosphogypsum 

22 presented a lifetime cancer risk of 9.1 in 100,000, 

23 meaning that any alternative distribution of 

24 phosphogypsum must meet this same protective 

25 threshold. 


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1 (5) The Director of EPA’s Office of Radiation 

2 and Indoor Air has testified that use of 

3 phosphogysum as ‘‘road building material could not 

4 meet the EPA’s risk criteria’’. 

5 (6) EPA has further acknowledged it cannot 

6 authorize categorical approvals and requires case-by7 case consideration of other uses. 

8 SEC. 3. CLARIFICATION OF OTHER PURPOSE. 

9 (a) IN GENERAL.—Not later than 2 years after the 

10 date of the enactment of this Act, the Administrator of 

11 the Environmental Protection Agency shall promulgate a 

12 final rule revising section 61.206 of title 40, Code of Fed13 eral Regulations, to ensure the following: 

14 (1) Any request that Administrator approve dis15 tribution or use of phosphogypsum for any purpose 

16 not expressly specified in section 61.204 or 61.205 

17 of title 40, Code of Federal Regulations, shall in18 clude— 

19 (A) the maximum individual risk imposed 

20 on a person due to exposure to a pollutant; and 

21 (B) a description of measures to minimize, 

22 to the greatest extent possible, exposure to any 

23 individual who may be directly or indirectly ex24 posed to phosphogypsum, in furtherance of the 

25 other purpose, including a— 


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1 (i) construction worker; 

2 (ii) utility worker; 

3 (iii) user of any final product that in4 cludes phosphogypsum; or 

5 (iv) nearby resident of an area of ex6 posure to phosphogypsum. 

7 (C) a description of both surfacewater and 

8 groundwater exposure pathways and a moni9 toring program to eliminate potential exposure 

10 to contaminants within the water pathways that 

11 includes— 

12 (i) an estimate of the amount and 

13 composition of leachate from 

14 phosphogypsum expected from the 

15 phosphogypsum application throughout the 

16 product’s lifecycle; 

17 (ii) an estimate of ecotoxicity impacts 

18 from potential leachate contamination of 

19 nearby or downstream environments (soil, 

20 vegetation, waterways, and aquatic life); 

21 and 

22 (iii) a written plan approved by the 

23 Administrator for quarterly leachate and 

24 ecotoxicity monitoring of the nearby and 

25 immediately downstream environments, inVerDate Sep 11 2014 15:57 Dec 28, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H10304.IH H10304

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1 cluding soil, vegetation, waterways, and 

2 aquatic life. 

3 (2) Any approval for distribution or use of 

4 phosphogypsum for any purpose not expressly speci5 fied in sections section 61.204 or 61.205 of title 40, 

6 Code of Federal Regulations— 

7 (A) shall be determined on a case-by-case 

8 basis; and 

9 (B) may not exceed a maximum individual 

10 risk of 9.1 in 100,000. 

11 (3) Any request that the Administrator ap12 proves distribution or use of phosphogypsum for any 

13 purpose not expressly specified in section 61.204 or 

14 61.205 of title 40, Code of Federal Regulations, in15 cluding the results of any required testing specified 

16 in paragraph (1)(C) shall be made publicly available 

17 on the public website of the Environmental Protec18 tion Agency. 

19 (b) MAXIMUM INDIVIDUAL RISK.—In this Act, the 

20 term ‘‘maximum individual risk’’ means the highest in21 crease in lifetime cancer risk an individual faces in a popu22 lation that is exposed to the highest concentration of 

23 phosphogypsum over a 70-year period. 

Æ 


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