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.