[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4592 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 4592
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
July 22, 2025
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Radioactive Roads Act of 2025''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since 1992, the Environmental Protection Agency
(hereinafter referred to as the ``EPA'') has prohibited the use
of phosphogypsum in road construction, citing numerous
scenarios that would expose the public, and especially road
construction workers, to an unacceptable risk of cancer.
(2) EPA prohibited use of phosphogypsum in roads because it
contains uranium and radium that produce radionuclides linked
to higher risks of cancer and genetic damage. The Clean Air Act
was amended in 1977 after finding that exposure to radioactive
materials can cause serious harm to health, and that exposures
to radioactivity are cumulative, which means each new or
additional exposure increases the risk of serious illness.
(3) EPA found that phosphogypsum used in roads could
contaminate nearby surface and groundwater quality through
leaching, and that radioactive material could be resuspended
into the air by wind and vehicle traffic.
(4) EPA found that stacking of phosphogypsum presented a
lifetime cancer risk of 9.1 in 100,000, meaning that any
alternative distribution of phosphogypsum must meet this same
protective threshold.
(5) The Director of EPA's Office of Radiation and Indoor
Air has testified that use of phosphogysum as ``road building
material could not meet the EPA's risk criteria''.
(6) EPA has further acknowledged it cannot authorize
categorical approvals and requires case-by-case consideration
of other uses.
SEC. 3. CLARIFICATION OF OTHER PURPOSE.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency shall promulgate a final rule revising section 61.206
of title 40, Code of Federal Regulations, to ensure the following:
(1) Any request that Administrator approve distribution or
use of phosphogypsum for any purpose not expressly specified in
section 61.204 or 61.205 of title 40, Code of Federal
Regulations, shall include--
(A) the maximum individual risk imposed on a person
due to exposure to a pollutant;
(B) a description of measures to minimize, to the
greatest extent possible, exposure to any individual
who may be directly or indirectly exposed to
phosphogypsum, in furtherance of the other purpose,
including a--
(i) construction worker;
(ii) utility worker;
(iii) user of any final product that
includes phosphogypsum; or
(iv) nearby resident of an area of exposure
to phosphogypsum; and
(C) a description of both surfacewater and
groundwater exposure pathways and a monitoring program
to eliminate potential exposure to contaminants within
the water pathways that includes--
(i) an estimate of the amount and
composition of leachate from phosphogypsum
expected from the phosphogypsum application
throughout the product's lifecycle;
(ii) an estimate of ecotoxicity impacts
from potential leachate contamination of nearby
or downstream environments (soil, vegetation,
waterways, and aquatic life); and
(iii) a written plan approved by the
Administrator for quarterly leachate and
ecotoxicity monitoring of the nearby and
immediately downstream environments, including
soil, vegetation, waterways, and aquatic life.
(2) Any approval for distribution or use of phosphogypsum
for any purpose not expressly specified in sections section
61.204 or 61.205 of title 40, Code of Federal Regulations--
(A) shall be determined on a case-by-case basis;
and
(B) may not exceed a maximum individual risk of 9.1
in 100,000.
(3) Any request that the Administrator approves
distribution or use of phosphogypsum for any purpose not
expressly specified in section 61.204 or 61.205 of title 40,
Code of Federal Regulations, including the results of any
required testing specified in paragraph (1)(C) shall be made
publicly available on the public website of the Environmental
Protection Agency.
(b) Maximum Individual Risk.--In this Act, the term ``maximum
individual risk'' means the highest increase in lifetime cancer risk an
individual faces in a population that is exposed to the highest
concentration of phosphogypsum over a 70-year period.
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