Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 35795 

1Letter from Andrew R. Wheeler, Administrator, 

Environmental Protection Agency, to Corey 

Rosenbusch, President and CEO, The Fertilizer 

Institute, dated October 14, 2020, Docket No. EPA– 

HQ–OAR–2020–0442–0015. See also 85 FR 66550, 

October 20, 2020. 

2Center for Biological Diversity, Healthy Gulf, 

Manasota–88, Inc., North America’s Building 

Trades Unions, People for Protecting Peace River, 

Inc., Public Employees for Environmental 

Responsibility, Rise St. James, and Sierra Club and 

its Florida chapter. See Center for Biological 

Diversity v. EPA, No. 20–1506. 

3 ‘‘Protecting Public Health and the Environment 

and Restoring Science to Tackle the Climate Crisis,’’ 

signed January 20, 2021. 86 FR 7037, January 25, 

2021. 

4Letter from Michael S. Regan, Administrator, 

Environmental Protection Agency, to Corey 

Rosenbusch, President and CEO, The Fertilizer 

Institute, Docket No. EPA–HQ–OAR–2020–0442. 

See this letter for further discussion of the reasons 

for the withdrawal, revocation, and recission of the 

prior October 2020 decision. 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2020–0442; FRL–10024–70– 

OAR] 

Withdrawal of Approval for Use of 

Phosphogypsum in Road Construction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) is withdrawing its 

October 14, 2020 approval for use of 

phosphogypsum in government road 

projects. Under the Clean Air Act, the 

EPA may approve a request for other use 

of phosphogypsum if it includes certain 

prescribed information. Upon further 

review, EPA has determined that the 

approval was premature and should be 

withdrawn because the request did not 

contain all of the required information. 

With this action, phosphogypsum 

remains prohibited from use in road 

construction projects. 

DATES: Effective July 7, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan P. Walsh, Radiation Protection 

Division, Office of Radiation and Indoor 

Air, Mail Code 6608T, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460; 

telephone number: (202) 343–9238; fax 

number: (202) 343–2304; email address: 

walsh.jonathan@epa.gov. 

Organization of this document. The 

information in this notice is organized 

as follows: 

I. General Information 

II. Background and Overview of Decision 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. How can I get copies of this 

document and other related 

information? 

1. Docket. The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2020–0442. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket in the EPA 

Docket Center, (EPA/DC) EPA West, 

Room 3334, 1301 Constitution Ave. NW, 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

and Radiation Docket is (202) 566–1742. 

2. Electronic Access. You may access 

this Federal Register document 

electronically from the Government 

Printing Office under the ‘‘Federal 

Register’’ listings at FDSys (http://

www.gpo.gov/fdsys/browse/ 

collection.action?collectionCode=FR). 

II. Background and Overview of 

Decision 

On October 14, 2020, EPA approved, 

subject to certain conditions, a request 

by The Fertilizer Institute (TFI) for the 

use of phosphogypsum in government 

road projects.1 This request was 

submitted pursuant to Clean Air Act 

regulations at 40 CFR 61.206, which 

provide that EPA may approve request 

for a specific use of phosphogypsum if 

it is determined that the proposed use 

is at least as protective of public health 

as placement in a stack, which is the 

designated management method. EPA 

identified ten components that such a 

request ‘‘must contain’’ (40 CFR 

61.206(b)). These include such items as 

the specific location where 

phosphogypsum will be used and the 

quantity of phosphogypsum to be used. 

On December 18, 2020, various 

groups 2 petitioned the United States 

Court of Appeals for the District of 

Columbia Circuit for review of EPA’s 

action conditionally approving TFI’s 

request. On that same date, these same 

groups, ‘‘as a precaution and as a matter 

of courtesy,’’ submitted to EPA, 

ostensibly under Clean Air Act (CAA) 

§ 307(d)(7)(B) (42 U.S.C. 7607(d)(7)(B)), 

a petition asking EPA to reconsider its 

action. EPA is further prompted to 

review this approval by Executive Order 

13990, which directs agencies to 

examine a wide range of previouslyissued actions in light of various 

policies and national objectives.3

EPA has the authority to review and 

reconsider, on its own initiative, 

previous decisions and actions. Upon 

further evaluation, EPA decides that it 

was premature for the Agency to 

approve the proposed use without all of 

the information specified as constituting 

a proper request under § 61.206(b). 

Therefore, EPA has withdrawn, revoked 

and rescinded the October 2020 

approval.4 This decision is without 

prejudice to a subsequent or further 

proper request under § 61.206 for 

approval of the use of phosphogypsum 

for other purposes that contains the 

information required by § 61.206(b). In 

accordance with the regulations at 40 

CFR part 61, subpart R, unless and until 

any such request is approved, 

phosphogypsum must continue to be 

placed in stacks and may not be 

removed from stacks for use in road 

construction. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2021–14377 Filed 7–6–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Notice to All Interested Parties of 

Intent To Terminate Receivership; 

Correction 

In the notice the Federal Deposit 

Insurance Corporation (FDIC or 

Receiver) published in the April 27, 

2021, Federal Register (86 FR 22204), 

Georgian Bank was incorrectly listed as 

Georgia Bank. This notice makes that 

correction. 

Notice is hereby given that the FDIC 

as Receiver for the institution listed 

below intends to terminate its 

receivership for said institution. 


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