Up & Atom

The US Environmental Protection Agency (EPA) reversed a Trump administration decision involving use of nuclear materials. On June 30, the EPA announced that it was “withdrawing, revoking and rescinding” its conditional approval of The Fertilizer Institute’s (TFI) request to approve the use of phosphogypsum (PG) in road construction. PG is a radioactive byproduct of fertilizer production and is regulated by the EPA. This action follows the EPA’s earlier announcement that it is reviewing a Trump administration decision on cleanup standards for radionuclide-contaminated effluent at a Tennessee Superfund site, which we reported on. Together, the two decisions confirm that the EPA continues to scrutinize prior agency decisions and to more strictly regulate radioactive materials.

The US Environmental Protection Agency (EPA) recently announced a site-specific review that has broader implications for Superfund site cleanups with radionuclide contamination. The EPA is reviewing a Trump-era decision on the applicability of water quality regulations for radionuclide-contaminated effluent from a Tennessee Superfund site. This review could result in reversing the prior determination that the Clean Water Act’s (CWA’s) technology-based effluent limits do not apply. If the EPA reverses this decision, it could signal that the EPA is looking to impose more stringent standards for the cleanup and discharge of radionuclide-contaminated water at other sites.

A panel of the US Court of Appeals for the Ninth Circuit on May 22 issued an order upholding a trial court’s dismissal of the long-running Cooper v. Tokyo Electric Power Co. Holdings Inc. lawsuit.