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(continued)
(2) It includes an inspection program that requires all process, conveying, and air pollution control equipment to be inspected at least once per shift to ensure that the equipment is being properly operated and maintained. The program will specify the evaluation criteria and will use a standardized checklist, which will be included as part of the plan required in paragraph (b) of this section, to document the inspection, maintenance, and housekeeping status of the equipment and that the objectives of paragraph (b)(1) of this section are being achieved.
(3) It includes a systematic procedure for identifying malfunctions and for reporting them immediately to supervisory personnel.
(4) It specifies the procedures that will be followed to ensure that equipment or process malfunctions due entirely or in part to poor maintenance or other preventable conditions do not occur.
(5) It includes a program for curtailing all operations necessary to minimize any increase in emissions of inorganic arsenic to the atmosphere resulting from a malfunction. The program will describe:
(i) The specific steps that will be taken to curtail each operation as soon as technically feasible after the malfunction is discovered.
(ii) The minimum time required to curtail each operation.
(iii) The procedures that will be used to ensure that the curtailment continues until after the malfunction is corrected.
(c) The owner or operator shall implement the plan required in paragraph (b) of this section until otherwise specified by the Administrator.
(d) At all times, including periods of startup, shutdown, and malfunction, the owner or operator of each source to which this subpart applies shall operate and maintain the source including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions of inorganic arsenic to the atmosphere to the maximum extent practicable. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Administrator, which may include, but is not limited to, monitoring results, review of operating and maintenance procedures, inspection of the source, and review of other records.
§ 61.183 Emission monitoring.
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(a) The owner or operator of each source subject to the provisions of this subpart shall install, calibrate, maintain, and operate a continuous monitoring system for the measurement of the opacity of each arsenic trioxide and metallic arsenic process emission stream that exits from a control device.
(b) The owner or operator shall install, operate, and maintain each continuous monitoring system for the measurement of opacity required in paragraph (a) of this section according to the following procedures:
(1) Ensure that each system is installed and operational no later than 90 days after the effective date of this subpart for an existing source or a new source that has an initial startup date preceding the effective date. For a new source whose initial startup occurs after the effective date of this subpart, ensure that the system is installed and operational no later than 90 days after startup. Verification of the operational status shall, as a minimum, consist of an evaluation of the monitoring system in accordance with the requirements and procedures contained in Performance Specification 1 of appendix B of 40 CFR part 60.
(2) Comply with the provisions of §60.13(d) of 40 CFR part 60.
(3) Except for system breakdowns, repairs, calibration checks, and zero and span adjustments required under §60.13(d), ensure that each continuous monitoring system is in continuous operation and meets frequency of operation requirements by completing a minimum of one cycle of sampling and analysis for each successive 10-second period and one cycle of data recording for each successive 6-minute period. Each data point shall represent the opacity measured for one cycle of sampling and analysis and shall be expressed as percent opacity.
(c) The owner or operator shall calculate 6-minute opacity averages from 36 or more consecutive data points equally spaced over each 6-minute period. Data recorded during periods of monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments shall not be included in the data averages computed under this paragraph.
(d) No later than 60 days after each continuous opacity monitoring system required in paragraph (a) of this section becomes operational, the owner or operator shall establish a reference opacity level for each monitored emission stream according to the following procedures:
(1) Conduct continuous opacity monitoring over a preplanned period of not less than 36 hours during which the processes and emission control equipment upstream of the monitoring system are operating in a manner that will minimize opacity under representative operating conditions subject to the Administrator's approval.
(2) Calculate 6-minute averages of the opacity readings using 36 or more consecutive data points equally spaced over each 6-minute period.
(3) Establish the reference opacity level by determining the highest 6-minute average opacity calculated under paragraph (d)(2) of this section.
(e) With a minimum of 30 days prior notice, the Administrator may require an owner or operator to redetermine the reference opacity level for any monitored emission stream.
(f) Each owner or operator shall install all continuous monitoring systems or monitoring devices required in paragraph (a) of this section in such a manner that representative measurements of emissions or process parameters are obtained.
§ 61.184 Ambient air monitoring for inorganic arsenic.
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(a) The owner or operator of each source to which this subpart applies shall operate a continuous monitoring system for the measurement of inorganic arsenic concentrations in the ambient air.
(b) The ambient air monitors shall be located at sites to detect maximum concentrations of inorganic arsenic in the ambient air in accordance with a plan approved by the Administrator that shall include the sampling and analytical method used.
(c) The owner or operator shall submit a written plan describing, and explaining the basis for, the design and adequacy of the monitoring network, sampling and analytical procedures, and quality assurance within 45 days after the effective date of this subpart.
(d) Each monitor shall be operated continuously except for a reasonable time allowance for instrument maintenance and calibration, for changing filters, or for replacement of equipment needing major repair.
(e) Filters shall be changed daily and shall be analyzed and concentrations calculated within 30 days after filters are collected.
(f) The Administrator at any time may require changes in, or expansion of, the sampling program, including sampling and analytical protocols and network design.
§ 61.185 Recordkeeping requirements.
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(a) Each owner or operator of a source subject to the provisions of this subpart shall maintain at the source for a period of at least 2 years the following records: All measurements, including continuous monitoring for measurement of opacity; all continuous monitoring system performance evaluations, including calibration checks and adjustments; all periods during which the continuous monitoring system or monitoring device is inoperative; and all maintenance and repairs made to the continuous monitoring system or monitoring device.
(b) Each owner or operator shall maintain at the source for a period of at least 2 years a log for each plant department in which the operating status of process, conveying, and emission control equipment is described for each shift. For malfunctions and upsets, the following information shall be recorded in the log:
(1) The time of discovery.
(2) A description of the malfunction or upset.
(3) The time corrective action was initiated.
(4) A description of corrective action taken.
(5) The time corrective action was completed.
(6) A description of steps taken to reduce emissions of inorganic arsenic to the atmosphere between the time of discovery and the time corrective action was taken.
(c) Each owner or operator subject to the provisions of this subpart shall maintain for a period of a least 2 years records of 6-minute average opacity levels for each separate control device.
(d) Each owner or operator subject to the provisions of §61.186 shall maintain for a period of at least 2 years records of ambient inorganic arsenic concentrations at all sampling sites and other data needed to determine such concentrations.
§ 61.186 Reporting requirements.
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(a) Each owner or operator subject to the provisions of §61.183(a) shall provide the Administrator at least 30 days prior notice of each reference opacity level determination required in §61.183(a) to afford the Administrator the opportunity to have an observer present.
(b) Each owner or operator subject to the provisions of §61.183(a) shall submit to the Administrator:
(1) Within 60 days of conducting the evaluation required in §61.183(b)(1), a written report of the continuous monitoring system evaluation;
(2) Within 30 days of establishing the reference opacity level required in §61.183(d), a written report of the reference opacity level. The report shall also include the opacity data used and the calculations performed to determine the reference opacity level, and sufficient documentation to show that process and emission control equipment were operating normally during the reference opacity level determination; and
(3) A written report each quarter of each occurrence of excess opacity during the quarter. For the purposes of this paragraph, an occurrence of excess opacity is any 6-minute period during which the average opacity, as measured by the continuous monitoring system, exceeds the reference opacity level established under §61.183(d).
(c) All quarterly reports of excess opacity shall be postmarked by the 30th day following the end of each quarter and shall include the following information:
(1) The magnitude of excess opacity, any conversion factor(s) used, and the dates and times of commencement and completion of each occurrence of excess opacity, the cause of each exceedance of the reference opacity level, and the measures taken to minimize emissions.
(2) Specific identification of each period of excess opacity that occurred during startups, shutdowns, and malfunctions of the source.
(3) The date and time identifying each period during which the continuous monitoring system or monitoring device was inoperative, except for zero and span checks, and the nature of the system repairs or adjustments.
(d) Each owner or operator subject to this subpart shall submit a written report semiannually to the Administrator that describes the status and results, for the reporting period, of any pilot plant studies on alternative arsenic trioxide production processes. Conclusions and recommendations of the studies shall also be reported.
(e) All semiannual progress reports required in paragraph (d) of this section shall be postmarked by the 30th day following the end of each 6-month period.
(f) Each owner or operator of a source to which this subpart applies shall submit a written report each quarter to the Administrator that includes the following information:
(1) All ambient inorganic arsenic concentrations measured at all monitoring sites in accordance with §61.184.
(2) A description of any modifications to the sampling network, during the reporting period, including any major maintenance, site changes, calibrations, and quality assurance information including sampling and analytical precision and accuracy estimates.
(g) All quarterly reports required in paragraph (f) of this section shall be postmarked by the 30th day following the end of each quarter.
Subpart Q—National Emission Standards for Radon Emissions From Department of Energy Facilities
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Source: 54 FR 51701, Dec. 15, 1989, unless otherwise noted.
§ 61.190 Designation of facilities.
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The provisions of this subpart apply to the design and operation of all storage and disposal facilities for radium-containing material (i.e., byproduct material as defined under section 11.e(2) of the Atomic Energy Act of 1954 (as amended)) that are owned or operated by the Department of Energy that emit radon-222 into air, including these facilities: The Feed Materials Production Center, Fernald, Ohio; the Niagara Falls Storage Site, Lewiston, New York; the Weldon Spring Site, Weldon Spring, Missouri; the Middlesex Sampling Plant, Middlesex, New Jersey; the Monticello Uranium Mill Tailings Pile, Monticello, Utah. This subpart does not apply to facilities listed in, or designated by the Secretary of Energy under title I of the Uranium Mill Tailings Control Act of 1978.
§ 61.191 Definitions.
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As used in this subpart, all terms not defined here have the meaning given them in the Clean Air Act or subpart A of part 61. The following terms shall have the following specific meanings:
(a) Facility means all buildings, structures and operations on one contiguous site.
(b) Source means any building, structure, pile, impoundment or area used for interim storage or disposal that is or contains waste material containing radium in sufficient concentration to emit radon-222 in excess of this standard prior to remedial action.
§ 61.192 Standard.
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No source at a Department of Energy facility shall emit more than 20 picocuries per square meter per second (pCi/(m 2 -sec)) (1.9 pCi/(ft 2 -sec)) of radon-222 as an average for the entire source, into the air. This requirement will be part of any Federal Facilities Agreement reached between Environmental Protection Agency and Department of Energy.
[54 FR 51701, Dec. 15, 1989, as amended at 65 FR 62158, Oct. 17, 2000]
§ 61.193 Exemption from the reporting and testing requirements of 40 CFR 61.10.
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All facilities designated under this subpart are exempt from the reporting requirements of 40 CFR 61.10.
Subpart R—National Emission Standards for Radon Emissions From Phosphogypsum Stacks
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Source: 57 FR 23317, June 3, 1992, unless otherwise noted.
§ 61.200 Designation of facilities.
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The provisions of this subpart apply to each owner or operator of a phosphogypsum stack, and to each person who owns, sells, distributes, or otherwise uses any quantity of phosphogypsum which is produced as a result of wet acid phosphorus production or is removed from any existing phosphogypsum stack.
§ 61.201 Definitions.
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As used in this subpart, all terms not defined here have the meaning given them in the Clean Air Act or subpart A of part 61. The following terms shall have the following specific meanings:
(a) Inactive stack means a stack to which no further routine additions of phosphogypsum will be made and which is no longer used for water management associated with the production of phosphogypsum. If a stack has not been used for either purpose for two years, it is presumed to be inactive.
(b) Phosphogypsum is the solid waste byproduct which results from the process of wet acid phosphorus production.
(c) Phosphogypsum stacks or stacks are piles of waste resulting from wet acid phosphorus production, including phosphate mines or other sites that are used for the disposal of phosphogypsum.
§ 61.202 Standard.
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Each person who generates phosphogypsum shall place all phosphogypsum in stacks. Phosphogypsum may be removed from a phosphogypsum stack only as expressly provided by this subpart. After a phosphogypsum stack has become an inactive stack, the owner or operator shall assure that the stack does not emit more than 20 pCi/(m 2 -sec) (1.9 pCi/(ft 2 -sec)) of radon-222 into the air.
[57 FR 23317, June 3, 1992, as amended at 65 FR 62158, Oct. 17, 2000]
§ 61.203 Radon monitoring and compliance procedures.
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(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 §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 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 §61.203(b).
§ 61.204 Distribution and use of phosphogypsum for outdoor agricultural purposes.
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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 §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 §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 §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 §61.208(b).
(e) Use of phosphogypsum for indoor research and development in a laboratory must comply with §61.205.
[57 FR 23317, June 3, 1992, as amended at 64 FR 5579, Feb. 3, 1999; 65 FR 62158, Oct. 17, 2000]
§ 61.205 Distribution and use of phosphogypsum for indoor research and development.
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(a) Phosphogypsum may be lawfully removed from a stack and distributed in commerce for use in indoor research and development activities, provided that it is accompanied at all times by certification documents which conform to the requirements of §61.208. In addition, before distributing phosphogypsum to any person for use in indoor research and development activities, the owner or operator of a phosphogypsum stack shall obtain from that person written confirmation that the research facility will comply with all of the limitations set forth in paragraph (b) of this section.
(b) Any person who purchases and uses phosphogypsum for indoor research and development purposes shall comply with all of the following limitations. Any use of phosphogypsum for indoor research and development purposes not consistent with the limitations set forth in this section shall be construed as unauthorized distribution of phosphogypsum.
(1) Each quantity of phosphogypsum purchased by a facility for a particular research and development activity shall be accompanied by certification documents which conform to the requirements of §61.208.
(2) No facility shall purchase or possess more than 3182 kg (7,000 lb) of phosphogypsum for a particular indoor research and development activity. The total quantity of all phosphogypsum at a facility, as determined by summing the individual quantities purchased or possessed for each individual research and development activity conducted by that facility, may exceed 3182 kg (7,000 lb), provided that no single room in which research and development activities are conducted shall contain more than 3182 kg (7,000 lb).
(3) Containers of phosphogypsum used in indoor research and development activities shall be labeled with the following warning: Caution: Phosphogypsum Contains Elevated Levels of Naturally Occurring Radioactivity.
(4) For each indoor research and development activity in which phosphogypsum is used, the facility shall maintain records which conform to the requirements of §61.209(c).
(5) Indoor research and development activities must be performed in a controlled laboratory setting which the general public cannot enter except on an infrequent basis for tours of the facility. Uses of phosphogypsum for outdoor agricultural research and development and agricultural field use must comply with §61.204.
(c) Phosphogypsum not intended for distribution in commerce may be lawfully removed from a stack by an owner or operator to perform laboratory analyses required by this subpart or any other quality control or quality assurance analyses associated with wet acid phosphorus production.
[57 FR 23317, June 3, 1992, as amended at 64 FR 5579, Feb. 3, 1999; 64 FR 53213, Oct. 1, 1999; 65 FR 62158, Oct. 17, 2000]
§ 61.206 Distribution and use of phosphogypsum for other purposes.
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(a) Phosphogypsum may not be lawfully removed from a stack and distributed or used for any purpose not expressly specified in §61.204 or §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 §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 §61.208.
(3) The end-user of the phosphogypsum shall maintain records which conform to the requirements of §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 §61.209(c).
§ 61.207 Radium-226 sampling and measurement procedures.
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(a) Before removing phosphogypsum from a stack for distribution in commerce pursuant to §61.204, or §61.206, the owner or operator of a phosphogypsum stack shall measure the average radium-226 concentration at the location in the stack from which phosphogypsum will be removed. Measurements shall be performed for each such location prior to the initial distribution in commerce of phosphogypsum removed from that location and at least once during each calendar year while distribution of phosphogypsum removed from the location continues.
(1) A minimum of 30 phosphogypsum samples shall be taken at regularly spaced intervals across the surface of the location on the stack from which the phosphogypsum will be removed. Let n1 represent the number of samples taken.
(2) Measure the radium-226 concentration of each of the n1 samples in accordance with the analytical procedures described in 40 CFR part 61, appendix B, Method 114.
(3) Calculate the mean, x 1, and the standard deviation, s1, of the n1 radium-226 concentrations:
Where x 1 and s1 are expressed in pCi/g.
(4) Calculate the 95th percentile for the distribution, x *, using the following equation:
Where x * is expressed in pCi/g.
(5) If the purpose for removing phosphogypsum from a stack is for distribution to commerce pursuant to §61.206, the owner or operator of a phosphogypsum stack shall report the mean, standard deviation, 95th percentile and sample size. If the purpose for removing phosphogypsum from a stack is for distribution to commerce pursuant to §61.204, the additional sampling procedures set forth in paragraphs (b) and (c) of this section shall apply.
(b) Based on the values for x 1 and x * calculated in paragraphs paragraphs (a)(3) and (4) of this section, determine which of the following conditions will be met:
(1) If x 1 < 10 pCi/g and x * = 10 pCi/g; phosphogypsum may be removed from this area of the stack for distribution in commerce pursuant to §61.204.
(2) If x 1, < 10 pCi/g and x * > 10 pCi/g, the owner or operator may elect to follow the procedures for further sampling set forth in paragraph (c) of this section:
(3) If x 1 = 10 pCi/g; phosphogypsum shall not be removed from this area of the stack for distribution in commerce pursuant to §61.204.
(c) If the owner or operator elects to conduct further sampling to determine if phosphogypsum can be removed from this area of the stack, the following procedure shall apply. The objective of the following procedure is to demonstrate, with a 95% probability, that the phosphogypsum from this area of the stack has a radium-226 concentration no greater than 10 pCi/g. The procedure is iterative, the sample size may have to be increased more than one time; otherwise the phosphogypsum cannot be removed from this area of the stack for distribution to commerce pursuant to §61.204.
(1)(i) Solve the following equation for the total number of samples required:
(ii) The sample size n2 shall be rounded upwards to the next whole number. The number of additional samples needed is nA = n2-n1.
(2) Obtain the necessary number of additional samples, nA, which shall also be taken at regularly spaced intervals across the surface of the location on the stack from which phosphogypsum will be removed.
(3) Measure the radium-226 concentration of each of the nA additional samples in accordance with the analytical procedures described in 40 CFR part 61, appendix B, Method 114.
(4) Recalculate the mean and standard deviation of the entire set of n2 radium-226 concentrations by joining this set of nA concentrations with the n1 concentrations previously measured. Use the formulas in paragraph (a)(3) of this section, substituting the entire set of n2 samples in place of the n1 samples called for in paragraph (a)(3) of this section, thereby determining the mean, x 2, and standard deviation, s2, for the entire set of n2 concentrations.
(5) Repeat the procedure described in paragraph (a)(4) of this section, substituting the recalculated mean, x 2, for x 1, the recalculated standard deviation, s2, for s1, and total sample size, n2, for n1.
(6) Repeat the procedure described in paragraph (b) of this section, substituting the recalculated mean, x 2 for x 1.
[64 FR 5579, Feb. 3, 1999]
§ 61.208 Certification requirements.
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(a)(1) The owner or operator of a stack from which phosphogypsum will be removed and distributed in commerce pursuant to §61.204, §61.205, or §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 §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.
(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]
§ 61.209 Required records.
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(a) Each owner or operator of a phosphogypsum stack must maintain records for each stack documenting the procedure used to verify compliance with the flux standard in §61.202, including all measurements, calculations, and analytical methods on which input parameters were based. The required documentation shall be sufficient to allow an independent auditor to verify the correctness of the determination made concerning compliance of the stack with flux standard.
(b) Each owner or operator of a phosphogypsum stack must maintain records documenting the procedure used to determine average radium-226 concentration pursuant to §61.207, including all measurements, calculations, and analytical methods on which input parameters were based. The required documentation shall be sufficient to allow an independent auditor to verify the accuracy of the radium-226 concentration.
(c) Each facility which uses phosphogypsum pursuant to §61.205 or §61.206 shall prepare records which include the following information:
(1) The name and address of the person in charge of the activity involving use of phosphogypsum.
(2) A description of each use of phosphogypsum, including the handling and processing that the phosphogypsum underwent.
(3) The location of each site where each use of phosphogypsum occurred, including the suite and/or building number, street, city, county, state, and zip code.
(4) The mailing address of each facility using phosphogypsum, if different from paragraph (c)(3) of this section.
(5) The date of each use of phosphogypsum.
(6) The quantity of phosphogypsum used.
(7) The certified average concentration of radium-226 for the phosphogypsum which was used.
(8) A description of all measures taken to prevent the uncontrolled release of phosphogypsum into the environment.
(9) A description of the disposition of any unused phosphogypsum.
(d) These records shall be retained by the facility for at least five years from the date of use of the phosphogypsum and shall be produced for inspection upon request by the Administrator, or his authorized representative.
§ 61.210 Exemption from the reporting and testing requirements of 40 CFR 61.10.
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All facilities designated under this subpart are exempt from the reporting requirements of 40 CFR 61.10.
Subpart S [Reserved]
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Subpart T—National Emission Standards for Radon Emissions From the Disposal of Uranium Mill Tailings
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Source: 54 FR 51702, Dec. 15, 1989, unless otherwise noted.
§ 61.220 Designation of facilities.
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(a) The provisions of this subpart apply to owners and operators of all sites that are used for the disposal of tailings, and that managed residual radioactive material during and following the processing of uranium ores, commonly referred to as uranium mills and their associated tailings, that are listed in, or designated by the Secretary of Energy under title I of the Uranium Mill Tailings Radiation Control Act of 1978, except §61.226 of this subpart which applies to owners and operators of all sites that are regulated under title II of the Uranium Mill Tailings Radiation Control Act of 1978.
(b) [Reserved]
[59 FR 36301, July 15, 1994]
§ 61.221 Definitions.
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As used in this subpart, all terms not defined here have the meanings given them in the Clean Air Act or subpart A of part 61. The following terms shall have the following specific meanings:
(a) Long term stabilization means the addition of material on a uranium mill tailings pile for the purpose of ensuring compliance with the requirements of 40 CFR 192.02(a). These actions shall be considered complete when the Nuclear Regulatory Commission determines that the requirements of 40 CFR 192.02(a) have been met.
(b) Operational means a uranium mill tailings pile that is licensed to accept additional tailings, and those tailings can be added without violating subpart W or any other Federal, state or local rule or law. A pile cannot be considered operational if it is filled to capacity or the mill it accepts tailings from has been dismantled or otherwise decommissioned.
(c) Residual radioactive materials shall have the same meaning as in section 101(7) of the Uranium Mill Tailings Radiation Control Act of 1978, 42 U.S.C. 7911(7).
(d) Tailings shall have the same meaning as in section 101(8) of the Uranium Mill Tailings Radiation Control Act of 1978, 42 U.S.C. 7911(8).
(e) In significant part means in a manner that is not reasonably expected to materially (i.e., more than de minimis) interfere with compliance with the 20 pCi/m 2 -s flux standard as expeditiously as practicable considering technological feasibility (including factors beyond the control of the licensee).
[54 FR 51702, Dec. 15, 1989, as amended at 59 FR 36301, July 15, 1994]
§ 61.222 Standard.
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(a) Radon-222 emissions to the ambient air from uranium mill tailings pile that are no longer operational shall not exceed 20 pCi/(m 2 -sec) (1.9 pCi/(ft 2 -sec)) of radon-222.
(b) Once a uranium mill tailings pile or impoundment ceases to be operational it must be disposed of and brought into compliance with this standard within two years of the effective date of the standard. If it is not physically possible for an owner or operator to complete disposal within that time, EPA shall, after consultation with the owner or operator, establish a compliance agreement which will assure that disposal will be completed as quickly as possible.
[54 FR 51702, Dec. 15, 1989, as amended at 59 FR 36301, July 15, 1994; 65 FR 62158, Oct. 17, 2000]
§ 61.223 Compliance procedures.
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(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 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 §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]
§ 61.224 Recordkeeping requirements.
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The owner or operator must maintain records documenting the source of input parameters including the results of all measurements upon which they are based, the calculations and/or analytical methods used to derive values for input parameters, and the procedure used to determine compliance. This documentation should be sufficient to allow an independent auditor to verify the accuracy of the determination made concerning the facility's compliance with the standard. The Administrator shall be kept apprised of the location of these records and the records must be kept for at least five years and upon request be made available for inspection by the Administrator, or his authorized representative.
§ 61.225 Exemption from the reporting and testing requirements of 40 CFR 61.10.
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All facilities designated under this subpart are exempt from the reporting requirements of 40 CFR 61.10.
§ 61.226 Reconsideration of rescission and reinstatement of this subpart.
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(a) Reinstatement of this subpart upon completion of reconsideration of rescission. (1) The Administrator shall reinstate 40 CFR part 61, subpart T as applied to owners and operators of non-operational uranium mill tailings disposal sites that are licensed by the NRC or an affected Agreement State if the Administrator determines by rulemaking, based on the record, that NRC or an affected Agreement State has:
(i) Failed on a programmatic basis to implement and enforce, in significant part, the regulations governing the disposal of uranium mill tailings promulgated by EPA and NRC or the tailings closure plan (radon) (i.e., contained in the license) requirements establishing milestones for the purpose of emplacing a permanent radon barrier that will achieve compliance with the 20 pCi/m 2 -s flux standard; and
(ii) Those failures may reasonably be anticipated to significantly interfere (i.e., more than de minimis) with the timely emplacement of a permanent radon barrier constructed to achieve compliance with the 20 pCi/m 2 -s flux standard at the uranium mill tailings disposal site.
(2) The Administrator shall reinstate 40 CFR part 61, subpart T on a site-specific basis as applied to owners and operators of non-operational uranium mill tailings disposal sites that are licensed by the NRC or an affected Agreement State if the Administrator determines by rulemaking, based on the record:
(i) That NRC or an affected Agreement State has failed in significant part on a site-specific basis to achieve compliance by the operator of the site or sites with applicable license requirements, regulations, or standards implemented by NRC and the affected Agreement States; and
(ii) Those failures may reasonably be anticipated to significantly interfere (i.e., more than de minimis) with the timely emplacement of a permanent radon barrier constructed to achieve compliance with the 20 pCi/m 2 -s flux standard at the uranium mill tailings disposal site.
(3) Upon completion of the reconsideration of rescission pursuant to §61.226(c) the Administrator may issue a finding that reinstatement of this subpart is not appropriate if the Administrator finds:
(i) NRC and the affected Agreement States are on a programmatic basis implementing and enforcing, in significant part, the regulations governing the disposal of uranium mill tailings promulgated by EPA and NRC or the tailings closure plan (radon) (i.e., contained in the license) requirements establishing milestones for the purpose of emplacing a permanent radon barrier that will achieve compliance with the 20 pCi/m 2 -s flux standard; or
(ii) NRC or an affected Agreement State are on a site-specific basis, in significant part, achieving compliance by the operator of the site or sites with applicable license requirements, regulations, or standards implemented by NRC and the affected Agreement States.
(b) Procedures to petition for reconsideration of rescission of this subpart. (1) A person may petition the Administrator to reconsider the rescission and seek reinstatement of this subpart under §61.226(a).
(2) EPA shall summarily dismiss a petition to reconsider rescission and seek reinstatement of this subpart under §61.226(a)(1) (programmatic basis), without prejudice, unless the petitioner demonstrates that written notice of the alleged failure(s) was provided to NRC at least 60 days before filing the petition with EPA. This notification shall include a statement of the grounds for such a petition and this notice requirement may be satisfied by, but is not limited to, submissions or pleadings submitted to NRC during a proceeding conducted by NRC.
(3) EPA shall summarily dismiss a petition to reconsider rescission and seek reinstatement of this subpart under §61.226(a)(2) (site-specific basis), without prejudice, unless the petitioner demonstrates that a written request was made to NRC or an affected Agreement State for enforcement or other relief at least 60 days before filing its petition with EPA, and unless the petitioner alleges that NRC or the affected Agreement State failed to respond to such request by taking action, as necessary, to assure timely implementation and enforcement of the 20 pCi/m 2 -s flux standard.
(4) Upon receipt of a petition under §61.226(b)(1) that is not dismissed under §61.226(b)(2) or (b)(3), EPA will propose to grant or deny an authorized petition to reconsider, take comments on the Agency's proposed action, and take final action granting or denying such petition to reconsider within 300 days of receipt.
(c) Reconsideration of rescission of this subpart initiated by the Administrator. (1) The Administrator may initiate reconsideration of the rescission and reinstatement of this subpart as applied to owners and operators of non-operational uranium mill tailings disposal sites if EPA has reason to believe that NRC or an affected Agreement State has failed to implement and enforce, in significant part, the regulations governing the disposal of uranium mill tailings promulgated by EPA and NRC or the tailings closure plan (radon) requirements establishing milestones for the purpose of emplacing a permanent radon barrier that will achieve compliance with the 20 pCi/m 2 -s flux standard.
(2) Before the Administrator initiates reconsideration of the rescission and reinstatement of this subpart under §61.226(c)(1), EPA shall consult with NRC to address EPA's concerns and if the consultation does not resolve the concerns, EPA shall provide NRC with 60 days notice of the Agency's intent to initiate rulemaking to reinstate this subpart.
[59 FR 36302, July 15, 1994]
Subpart U [Reserved]
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Subpart V—National Emission Standard for Equipment Leaks (Fugitive Emission Sources)
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Source: 49 FR 23513, June 6, 1984, unless otherwise noted.
§ 61.240 Applicability and designation of sources.
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(a) The provisions of this subpart apply to each of the following sources that are intended to operate in volatile hazardous air pollutant (VHAP) service: pumps, compressors, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, surge control vessels, bottoms receivers, and control devices or systems required by this subpart. (continued)