[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: 40CFR61.204]

[Page 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. 61.204  Distribution and use of phosphogypsum for outdoor
agricultural purposes.

    Phosphogypsum may be lawfully removed from a stack and distributed 
in commerce for use in outdoor agricultural research and development and 
agricultural field use if each of the following requirements is 
satisfied:
    (a) The owner or operator of the stack from which the phosphogypsum 
is removed shall determine annually the average radium-226 concentration 
at the location in the stack from which the phosphogypsum will be 
removed, as provided by Sec. 61.207.
    (b) The average radium-226 concentration at the location in the 
stack from which the phosphogypsum will be removed, as determined 
pursuant to Sec. 61.207, shall not exceed 10 pCi/g (4500 pCi/lb).
    (c) All phosphogypsum distributed in commerce for use pursuant to 
this section by the owner or operator of a phosphogypsum stack shall be 
accompanied by a certification document which conforms to the 
requirements of Sec. 61.208(a).
    (d) Each distributor, retailer, or reseller who distributes 
phosphogypsum for use pursuant to this section shall prepare 
certification documents which conform to the requirements of Sec. 
61.208(b).
    (e) Use of phosphogypsum for indoor research and development in a 
laboratory must comply with Sec. 61.205.

[57 FR 23317, June 3, 1992, as amended at 64 FR 5579, Feb. 3, 1999; 65 
FR 62158, Oct. 17, 2000]