The Institute's case against EPA began in November of 1990 when the TFI filed a petition with EPA to delist phosphoric acid from the Toxic Release Inventory list. EPA denied this petition in January of 1998. TFI filed suit against EPA in June of 1998, claiming EPA incorrectly denied the delisting petition based on an overly broad definition of toxicity. Judge Gladys Kessler agreed with TFI that eutrophication is not due to any inherent toxicity of phosphoric acid. Consequently, Judge Kessler granted TFI's motion for summary judgement and reversed EPA's denial of TFI's delisting petition.
Phosphoric acid is the result of combining mined phosphate rock with acid.
Phosphate occurs naturally in the environment and is a major component in fertilization for improved plant growth. Phosphoric acid is also utilized as a food and beverage additive and is present in safe concentrations in a variety of household, medical and personal hygiene products. Typically, phosphoric acid is released from phosphate facilities as a solution of weak acid containing 1.0 to 2.5 percent concentrations of phosphoric acid. The Fertilizer Institute represents, by voluntary membership, more than 90 percent of the nation's fertilizer industry. Producers, manufacturers, retailers, trading firms and equipment manufacturers which comprise its membership are served by a full time Washington, DC staff in various legislative, educational and technical areas, as well as with information and public relations programs.