[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: 40CFR61.208]

[Page 150-151]
 
                   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. 61.208  Certification requirements.

    (a)(1) The owner or operator of a stack from which phosphogypsum 
will be removed and distributed in commerce pursuant to Sec. 61.204, 
Sec. 61.205, or Sec. 61.206 shall prepare a certification document for 
each quantity of phosphogypsum which is distributed in commerce which 
includes:
    (i) The name and address of the owner or operator;
    (ii) The name and address of the purchaser or recipient of the 
phosphogypsum;
    (iii) The quantity of phosphogypsum, in kilograms or pounds sold or 
transferred;
    (iv) The date of sale or transfer;
    (v) A description of the intended end-use for the phosphogypsum;
    (vi) The average radium-226 concentration, in pCi/g (pCi/lb), of the 
phosphogypsum, as determined pursuant to Sec. 61.207; and
    (vii) The signature of the person who prepared the certification.
    (2) The owner or operator shall retain the certification document 
for five years from the date of sale or transfer, and shall produce the 
document for inspection upon request by the Administrator, or his 
authorized representative. The owner or operator shall also provide a 
copy of the certification document to the purchaser or recipient.
    (b)(1) Each distributor, retailer, or reseller who purchases or 
receives phosphogypsum for subsequent resale or transfer shall prepare a 
certification document for each quantity of phosphogypsum which is 
resold or transferred which includes:
    (i) The name and address of the distributor, retailer, or reseller;
    (ii) The name and address of the purchaser or recipient of the 
phosphogypsum;
    (iii) The quantity (in pounds) of phosphogypsum resold or 
transferred;
    (iv) The date of resale or transfer;
    (v) A description of the intended end-use for the phosphogypsum;
    (vi) A copy of each certification document which accompanied the 
phosphogypsum at the time it was purchased or received by the 
distributor, retailer, or reseller; and
    (vii) The signature of the person who prepared the certification.

[[Page 151]]

    (2) The distributor, retailer, or reseller shall retain the 
certification document for five years from the date of resale or 
transfer, and shall produce the document for inspection upon request by 
the Administrator, or his authorized representative. For every resale or 
transfer of phosphogypsum to a person other than an agricultural end-
user, the distributor, retailer, or reseller shall also provide a copy 
of the certification document to the purchaser or transferee.

[57 FR 23317, June 3, 1992, as amended at 65 FR 62158, Oct. 17, 2000]