Commissioner Nikki Fried Calls on EPA to Prevent Expansion of New Wales Gypstack

Tallahassee, Fla. — Today, in response to troubling reports of seismic activity detected at the New Wales phosphogypsum site, Florida Agriculture Commissioner Nikki Fried is calling on the U.S. Environmental Protection Agency (EPA) to object to the State of Florida’s permit allowing for expansion of this gypstack. Commissioner Fried has been outspoken in her opposition to the Florida Department of Environmental Protection authorizing any new permits or expansions of phosphogypsum stacks in the state, and offered formal comments objecting to the New Wales expansion in August.

In the letter today to the EPA, Commissioner Fried wrote, “Given this gypstack’s history of environmental violations – and given the recent breach of the Piney Point gypstack that spilled a quarter-billion gallons of toxic process water into Tampa Bay, likely causing a severe harmful algal bloom in the region – there is no confidence that the Florida Department of Environmental Protection can effectively regulate or mitigate the environmental effects of phosphogypsum stacks.”

“I join the Center for Biological Diversity, Sierra Club, Florida Conservation Voters, and our state’s Waterkeepers in requesting that you object to the State of Florida’s permit and prevent further environmental disaster at the New Wales phosphogypsum stack. The health of Florida’s ecology and residents relies on halting further expansion and toxic discharges from the New Wales site into our waters,” she concluded.

Full text of the letter can be found Fried%20Letter%20to%20EPA%20Administrator%20Regan%20on%20New%20Wales%20Gypstack.pdf?dl=0" target="_blank" title="Full text of letter | opens in a new tab">here and below.

October 29, 2021

Dear Administrator Regan,

In the alarming wake of just-reported seismic activity at the New Wales phosphogypsum stack in Polk County, Florida, I write to request that you object to the State of Florida’s National Pollutant Discharge Elimination System (NPDES) permit under your authority within the Clean Water Act.

On October 15, the Florida Department of Environmental Protection quietly approved Mosaic Fertilizer, LLC’s request to expand this gypsum stack by 230 acres, despite opposition by concerned citizens and stakeholders, and despite a well-documented record of prior environmental catastrophe dating back at least four decades. In 2016, the New Wales gypstack suffered a massive sinkhole that released 215 million gallons of radioactive, toxic wastewater into the Floridan aquifer. This information was kept from the public for weeks, and a study has found it may require more than a decade to reduce radioactivity levels in the affected area to an acceptable standard.

This follows decades of other structural issues that, combined with the predisposition to sinkholes in this region, and along with recovery wells and remediation efforts that were not proven effective in 2016, make it absolutely irresponsible for the State of Florida to have approved further expansion of this site. According to records, prior NPDES permits indicate a history of permit violations at the New Wales gypsum stack, with more than 200 violations related to discharge values beyond limits and missing or delayed monitoring reports.

On October 27, it was publicly reported that multiple acoustic detections indicating seismic activity has occurred from October 8-18 in the Phase III East area of the New Wales gypstack, with conditions present that may adversely affect the stack’s integrity. This incident has required the halting of phosphogypsum stacking operations, adding to this site’s record of serious concerns to Florida’s environment, waters, and human and animal health.

Not only has Mosaic Fertilizer, LLC not proffered sufficient reasonable assurances against discharges, as required by Florida law for issuance of a state permit, there are no assurances that the permit applicant would be able to meet all federal pollutant discharge requirements. Given this gypstack’s history of environmental violations – and given the recent breach of the Piney Point gypstack that spilled a quarter-billion gallons of toxic process water into Tampa Bay, likely causing a severe harmful algal bloom in the region – there is no confidence that the Florida Department of Environmental Protection can effectively regulate or mitigate the environmental effects of phosphogypsum stacks.

Under Section 402(d) of the Clean Water Act, no NPDES permit shall issue if the Administrator objects to issuance of the permit within ninety days. I join the Center for Biological Diversity, Sierra Club, Florida Conservation Voters, and our state’s Waterkeepers in requesting that you object to the State of Florida’s permit and prevent further environmental disaster at the New Wales phosphogypsum stack. The health of Florida’s ecology and residents relies on halting further expansion and toxic discharges from the New Wales site into our waters.

Sincerely,

Nicole Fried
Florida Commissioner of Agriculture

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