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House Bill 367 — New and existing phosphogypsum stacks

House Bill 367 — New and existing phosphogypsum stacks

Alli Megal
February 5, 2020

Bill description: HB 367 would authorize the Idaho Board of Environmental Quality  to establish design criteria for new phosphogypsum stacks.

Rating: -2

Does it create, expand, or enlarge any agency, board, program, function, or activity of government?

This bill expands the power of the Idaho Board of Environmental Quality to make rules about how new phosphogypsum stacks must be designed and built.

Phosphogypsum is a solid waste byproduct that results from producing phosphoric acid, commonly used in fertilizer.  It is exempt from the definition of hazardous waste in federal law § 261.4(b)(7). However, through this bill, the Legislature is imposing design requirements on these stacks, including:

  • Run-on and runoff controls for the phosphogypsum stack systems
  • Liner and leachate control systems that achieve specified design standards 
  • Perimeter dikes that meet specific design and quality control standards

This legislation imposes construction requirements on stacks that are exclusively constructed on private land, away from the public.

Construction plans to build new stacks or expand old ones would have to be submitted to the board, which would determine if the plans meet its specific rules. It would then approve or reject the plans.

If the board rejects the plans, the petitioner can use an appeal process. If the board approves the plans, the petitioner must submit a final, detailed construction completion report to the board.


Does it directly or indirectly create or increase any taxes, fees, or other assessments? Conversely, does it eliminate or reduce any taxes, fees, or other assessments?

The board is allowed to require a fee to cover the costs of reviewing plans and the associated documents. There is no upper fee limit set by the Legislature.


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