Gov. Ron DeSantis (R-FL) signed a bill Thursday that could allow phosphogypsum, a radioactive material, to be used in road construction.
The legislation adds the radioactive waste to a list of “recyclable materials” that can be tested for construction suitability. House Bill 1191 rules the Florida Department of Transportation can “conduct a study to evaluate the suitability of using phosphogypsum as a construction aggregate material.”
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The material can join pavement aggregates such as stone, gravel, and sand, adding to other industrial byproducts and reclaimed materials used in construction, as listed by the Federal Highway Administration. Rubber from car tires, waste glass, and reclaimed concrete material and asphalt pavement are all examples of materials used in construction under guidelines from the agency.
The Environmental Protection Agency has regulated the waste product since 1989, and it notes that phosphogypsum contains the radioactive elements uranium, thorium, and radium. “All uses of phosphogypsum waste have been banned unless the waste has very little radioactivity,” according to the EPA.
The EPA told the Washington Examiner the bill’s passage into law “does not affect EPA’s regulation of phosphogypsum at 40 CFR Part 61, Subpart R.”
“The legislation specifies that ‘phosphogypsum from phosphate production may be used as a construction aggregate material in accordance with the conditions of the United States Environmental Protection Agency approval for the use,'” the EPA said. “Any request for a specific use of phosphogypsum in roads will need to be submitted to EPA, as EPA’s approval is legally required before the material can be used in road construction.”
Over 20 conservation organizations urged DeSantis to veto the bill in May, citing environmental risks and threats to road construction workers and public health. A statement from The Center for Biological Diversity highlights an “unreasonably short completion” deadline for the Florida Department of Transportation to conduct feasibility tests.
The organization argued allowing radioactive phosphogypsum in construction “would let the fertilizer industry off the hook for safely disposing of the millions of tons of dangerous waste” while “generating another cash stream for industry giants.”
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The act will take effect on July 1, and the department has until April 1, 2024, to determine the suitability of the material, as outlined in the bill.
DeSantis was yet to make a public statement as of Thursday evening on the passage of the bill, and the Washington Examiner reached out to his team for comment.
