[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.203]

[Page 146-147]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
     Subpart R_National Emission Standards for Radon Emissions From 
                          Phosphogypsum Stacks
 
Sec. 61.203  Radon monitoring and compliance procedures.

    (a) Within sixty days following the date on which a stack becomes an 
inactive stack, or within ninety days after the date on which this 
subpart first took effect if a stack was already inactive on that date, 
each owner or operator of an inactive phosphogypsum stack shall test the 
stack for radon-222 flux in accordance with the procedures described in 
40 CFR part 61, appendix B, Method 115. EPA shall be notified at least 
30 days prior to each such emissions test so that EPA may, at its 
option, observe the test. If meteorological conditions are such that a 
test cannot be properly conducted, then the owner or operator shall 
notify EPA and test as soon as conditions permit.
    (b)(1) Within ninety days after the testing is required, the owner 
or operator shall provide EPA with a report detailing the actions taken 
and the results of the radon-222 flux testing. Each report shall also 
include the following information:
    (i) The name and location of the facility;
    (ii) A list of the stacks at the facility including the size and 
dimensions of each stack;
    (iii) The name of the person responsible for the operation of the 
facility and the name of the person preparing the report (if different);
    (iv) A description of the control measures taken to decrease the 
radon flux from the source and any actions taken to insure the long term 
effectiveness of the control measures; and
    (v) The results of the testing conducted, including the results of 
each measurement.
    (2) Each report shall be signed and dated by a corporate officer in 
charge of the facility and contain the following declaration immediately 
above the signature line: ``I certify under penalty of law that I have 
personally examined and am familiar with the information submitted 
herein and based on may inquiry of those individuals immediately 
responsible for obtaining the information, I believe that the submitted 
information is true, accurate and complete. I am aware that there are 
significant penalties for submitting false information including the 
possibility of fine and imprisonment. See, 18 U.S.C. 1001.''
    (c) If the owner or operator of an inactive stack chooses to conduct 
measurements over a one year period as permitted by Method 115 in 
appendix B to part 61, within ninety days after the testing commences 
the owner or operator shall provide EPA with an initial report, 
including the results of the first measurement period and a schedule for 
all subsequent measurements. An additional report containing all the 
information in Sec. 61.203(b) shall be submitted within ninety days 
after completion of the final measurements.
    (d) If at any point an owner or operator of a stack once again uses 
an inactive stack for the disposal of phosphogypsum or for water 
management, the stack ceases to be in inactive status and the owner or 
operator must notify EPA in writing within 45 days. When the owner or 
operator ceases to use the stack for disposal of

[[Page 147]]

phosphogypsum or water management, the stack will once again become 
inactive and the owner or operator must satisfy again all testing and 
reporting requirements for inactive stacks.
    (e) If an owner or operator removes phosphogypsum from an inactive 
stack, the owner shall test the stack in accordance with the procedures 
described in 40 CFR part 61, appendix B, Method 115. The stack shall be 
tested within ninety days of the date that the owner or operator first 
removes phosphogypsum from the stack, and the test shall be repeated at 
least once during each calendar year that the owner or operator removes 
additional phosphogypsum from the stack. EPA shall be notified at least 
30 days prior to an emissions test so that EPA may, at its option, 
observe the test. If meteorological conditions are such that a test 
cannot be properly conducted, then the owner shall notify EPA and test 
as soon as conditions permit. Within ninety days after completion of a 
test, the owner or operator shall provide EPA with a report detailing 
the actions taken and the results of the radon-222 flux testing. Each 
such report shall include all of the information specified by Sec. 
61.203(b).