[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: 40CFR61.206]

[Page 148-149]
 
                   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. 61.206  Distribution and use of phosphogypsum for other purposes.

    (a) Phosphogypsum may not be lawfully removed from a stack and 
distributed or used for any purpose not expressly specified in Sec. 
61.204 or Sec. 61.205 without prior EPA approval.
    (b) A request that EPA approve distribution and/or use of 
phosphogypsum for any other purpose must be submitted in writing and 
must contain the following information:
    (1) The name and address of the person(s) making the request.
    (2) A description of the proposed use, including any handling and 
processing that the phosphogypsum will undergo.
    (3) The location of each facility, including suite and/or building 
number, street, city, county, state, and zip code, where any use, 
handling, or processing of the phosphogypsum will take place.
    (4) The mailing address of each facility where any use, handling, or 
processing of the phosphogypsum will take place, if different from 
paragraph (b)(3) of this section.
    (5) The quantity of phosphogypsum to be used by each facility.
    (6) The average concentration of radium-226 in the phosphogypsum to 
be used.
    (7) A description of any measures which will be taken to prevent the 
uncontrolled release of phosphogypsum into the environment.
    (8) An estimate of the maximum individual risk, risk distribution, 
and incidence associated with the proposed use, including the ultimate 
disposition of the phosphogypsum or any product in which the 
phosphogypsum is incorporated.
    (9) A description of the intended disposition of any unused 
phosphogypsum.
    (10) Each request shall be signed and dated by a corporate officer 
or public official in charge of the facility.
    (c) The Assistant Administrator for Air and Radiation may decide to 
grant a request that EPA approve distribution and/or use of 
phosphogypsum if he determines that the proposed distribution and/or use 
is at lease as protective of public health, in both the short term and 
the long term, as disposal of phosphogypsum in a stack or a mine.
    (d) If the Assistant Administrator for Air and Radiation decides to 
grant a request that EPA approve distribution and/or use of 
phosphogypsum for a specified purpose, each of the following 
requirements shall be satisfied:
    (1) 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.
    (2) All phosphogypsum distributed in commerce by the owner or 
operator of a phosphogypsum stack, or by a distributor, retailer, or 
reseller, or purchased by the end-user, shall be accompanied at all 
times by certification documents which conform to the requirements Sec. 
61.208.

[[Page 149]]

    (3) The end-user of the phosphogypsum shall maintain records which 
conform to the requirements of Sec. 61.209(c).
    (e) If the Assistant Administrator for Air and Radiation decides to 
grant a request that EPA approve distribution and/or use of 
phosphogypsum for a specified purpose, the Assistant Administrator may 
decide to impose additional terms or conditions governing such 
distribution or use. In appropriate circumstances, the Assistant 
Administrator may also decide to waive or modify the recordkeeping 
requirements established by Sec. 61.209(c).