Response to Petition to Change Regulation of Phosphogypsum under RCRA

The Environmental Protection Agency (EPA or the Agency) is responding to a rulemaking petition from Center for Biological Diversity (CBD) and People for Protecting Peace River, on behalf of a consortium of non-profit groups. The petition requests the reversal of a 1991 Bevill regulatory determination and that EPA regulate phosphogypsum and process wastewater from phosphoric acid production as hazardous waste under the Resource Conservation and Recovery Act (RCRA). The Agency is proposing to deny the petition. The Agency is also soliciting public comment on the proposed denial.