,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #deib  ,,in ,,the ,,house ,,of  
,,representatives  ,july #bb1 #bjbe,mr4 
,frost 7for himself and ,mrs4           
,cherfilus-,mc,cormick7 introduced the  
following bill2 which was referred to   
the ,committee on ,energy and ,commerce 
,a ,,bill  ,to direct the ,administrator
 of the ,environmental ,protection      
,agency to revise section #fa4bjf of    
title #dj1 ,code of ,federal            
,regulations1 to approve certain        
distribution or use of phosphogypsum1   
and for other purposes4  #a4 ,short     
,title ,this ,act may be cited as the   
,no ,radioactive ,roads ,act of #bjbe4  
#b4 ,findings ,congress finds the       
following3  7#a7 ,since #aiib1 the      
,environmental ,protection ,agency      
7hereinafter referred to as the ,,epa7  
has prohibited the use of phosphogypsum 
in road construction1 citing numerous   
scenarios that would expose the public1 
and especially road construction        
workers1 to an unacceptable risk of     

cancer4  7#b7 ,,epa prohibited use of   
phosphogypsum in roads because it       
contains uranium and radium that produce
 radionuclides linked to higher risks of
 cancer and genetic damage4 ,the ,clean 
,air ,act was amended in #aigg after    
finding that exposure to radioactive    
materials can cause serious harm to     
health1 and that exposures to           
radioactivity are cumulative1 which     
means each new or additional exposure   
increases the risk of serious illness4  
7#c7 ,,epa found that phosphogypsum used
 in roads could contaminate nearby      
surface and groundwater quality through 
leaching1 and that radioactive material 
could be resuspended into the air by    
wind and vehicle traffic4  7#d7 ,,epa   
found that stacking of phosphogypsum    
presented a lifetime cancer risk of #i4a
 in #ajj1jjj1 meaning that any          
alternative distribution of             
phosphogypsum must meet this same       
protective threshold4  7#e7 ,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 criteria4  7#f7 ,,epa  
has further acknowledged it cannot      
authorize categorical approvals and     
requires case-by-case consideration of  
other uses4  #c4 ,clarification of      
,other ,purpose  7a7 ,in ,general ,not  
later than #b years after the date of   
the enactment of this ,act1 the         
,administrator of the ,environmental    
,protection ,agency shall promulgate a  
final rule revising section #fa4bjf of  
title #dj1 ,code of ,federal            
,regulations1 to ensure the following3  
7#a7 ,any request that ,administrator   
approve distribution or use of          
phosphogypsum for any purpose not       
expressly specified in section #fa4bjd  
or #fa4bje of title #dj1 ,code of       
,federal ,regulations1 shall include--  
7,a7 the maximum individual risk imposed
 on a person due to exposure to a       
pollutant2  7,b7 a description of       

measures to minimize1 to the greatest   
extent possible1 exposure to any        
individual who may be directly or       
indirectly exposed to phosphogypsum1 in 
furtherance of the other purpose1       
including a--  7i7 construction worker2 
7ii7 utility worker2  7iii7 user of any 
final product that includes             
phosphogypsum2 or  7iv7 nearby resident 
of an area of exposure to phosphogypsum2
 and  7,c7 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-- 7i7 an estimate of the  
amount and composition of leachate from 
phosphogypsum expected from the         
phosphogypsum application throughout the
 product's lifecycle2  7ii7 an estimate 
of ecotoxicity impacts from potential   
leachate contamination of nearby or     
downstream environments 7soil1          
vegetation1 waterways1 and aquatic      
life72 and  7iii7 a written plan        

approved by the ,administrator for      
quarterly leachate and ecotoxicity      
monitoring of the nearby and immediately
 downstream environments1 including     
soil1 vegetation1 waterways1 and aquatic
 life4  7#b7 ,any approval for          
distribution or use of phosphogypsum for
 any purpose not expressly specified in 
sections section #fa4bjd or #fa4bje of  
title #dj1 ,code of ,federal            
,regulations-- 7,a7 shall be determined 
on a case-by-case basis2 and  7,b7 may  
not exceed a maximum individual risk of 
#i4a in #ajj1jjj4  7#c7 ,any request    
that the ,administrator approves        
distribution or use of phosphogypsum for
 any purpose not expressly specified in 
section #fa4bjd or #fa4bje of title #dj1
 ,code of ,federal ,regulations1        
including the results of any required   
testing specified in paragraph 7#a77;,c7
 shall be made publicly available on the
 public website of the ,environmental   
,protection ,agency4  7b7 ,maximum      
,individual ,risk ,in this ,act1 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   
#gj-year period4