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
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.
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.