[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: 40CFR61.223]

[Page 152-153]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
   Subpart T_National Emission Standards for Radon Emissions From the 
                    Disposal of Uranium Mill Tailings
 
Sec. 61.223  Compliance procedures.

    (a) Sixty days following the completion of covering the pile to 
limit radon emissions but prior to the long term stabilization of the 
pile, the owners or operators of uranium mill tailings shall conduct 
testing for all piles within the facility in accordance with the 
procedures described in 40 CFR part 61, appendix B, Method 115, or other 
procedures for which EPA has granted prior approval.
    (b) Ninety days after the testing is required, each facility shall 
provide EPA with a report detailing the actions taken and the results of 
the radon-222 flux testing. EPA shall be notified at least 30 days prior 
to an emission 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. Each report shall also include the following 
information:
    (1) The name and location of the facility.
    (2) A list of the piles at the facility.
    (3) 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.
    (4) The results of the testing conducted, including the results of 
each measurement.
    (5) Each report shall be signed and dated by a public official 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

[[Page 153]]

on my 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 year long measurements are made in accordance with Method 115 
of appendix B of part 61, this report shall include the results of the 
first measurement period and provide a schedule for the measurement 
frequency to be used. An additional report shall be submitted ninety 
days after completion of the final measurements.
    (d) If long term stabilization has begun before the effective date 
of the rule then testing may be conducted at any time, up to 60 days 
after the long term stabilization is completed.
    (e) If the testing demonstrates that the pile meets the requirement 
of Sec. 61.222(a) and long term stabilization has been completed then 
the pile is considered disposed for purposes of this rule.

[54 FR 51702, Dec. 15, 1989, as amended at 59 FR 36302, July 15, 1994]