DRAFT GUIDANCE
Applying for Other Uses of
Phosphogypsum:
Submitting a Complete Petition
40CFR61.206
January 18, 2005
Prepared for:
Radiation Protection Division
Office of Radiation and Indoor Air
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W. (6608J)
Washington, DC 20460
Prepared by:
EC/R Incorporated
6330 Quadrangle Drive, Suite 325
Chapel Hill, NC 27517
Under EPA Contract No. EP-D-04-007, Work Assignment 0-2
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Applying for Other Uses of Phosphogypsum:
Submitting a Complete Petition
Table of Contents
1.0 Introduction I
1.1 What is the purpose of this document? 1
1.2 Does this guidance replace the regulation? I
1.3 Where can I get more information? 1
1.4 Who do I contact if I have questions about the regulation or petition process? .. 2
2.0 Petition Process 3
2.1 How do I start the petition process? 3
2.2 What should I include in the description of my potential use and how it's
implemented? 4
2.3 What must I do to show that the potential use won't be any more hazardous than
storing phosphogypsum in stacks? 5.
2.4. What steps will EPA take to review and approve my petition? 5
3.0 Project Description 8
3.1 How do I describe the proposed small-scale study? 8
3.2 How do I characterize the phosphogypsum waste? 9
3.3 How does the small-scale study measure success? 10
3.4 How does the small-scale study limit or control possible undesirable results? .. H)
3.5 How do I monitor potential exposures? K)
3.6 How will the phosphogypsum be handled at the study site? H
3.7 What are the expected benefits of the proposed use? ii
4.0 Risk Assessment 12
4.1 What is a risk assessment? 12
4.2 How do the results of the risk assessment affect the decision on approval? .... 13
5.0 Risk Models 14
5.1 What EPA models are available? 14
5.2 Which models should I use and how can I obtain them? 15
6.0 Other Requirements 16
6.1 Are there any other EPA requirements than those related to the petition? 16
6.2 If I meet EPA requirements, do I have to consider other Federal and/or state and
local requirements? 16
6.3 What recordkeeping requirements must 1 meet? 16
6.4 What are the certification requirements and how do I meet them? 1_7_
ii
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6.5 What post-approval requirements must I meet?
Appendix A: Complete Text of 40 CFR 61.200 - 209
Appendix B: Petition Completeness Checklist
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Applying for Other Uses of Phosphogypsum:
Submitting a Complete Petition
1.0 Introduction
1.1 What is the purpose of this document?
The purpose of this document is to provide information on how to prepare a complete
petition to the U.S. EPA for the distribution and use of phosphogypsum for "other purposes" that
is consistent with the requirements of the Subpart R
rule for radon emissions from phosphogypsum stacks.
(See Appendix A for the complete text of the rule.)
This document includes guidance on petition
procedures, content, analysis, and the review and
approval process. It is designed to help you submit a
complete petition for approval of other uses of
phosphogypsum. We have included a checklist in
Appendix B to assist you in submitting a complete
petition.
1.2 Does this guidance replace the regulation?
What is Subpart R? EPA has developed National
Emissions Standards for Hazardous Air Pollutants
(NESHAP), titled "Subpart R, National Emission
Standards for Radon Emissions from
Phosphogypsum Stacks." The rule limits radon
piles, with exceptions for agricultural and research
uses and other uses on a case-by-case basis.
No. This document does not replace or change the final rule and covers only
requirements published on or before 09/30/04. Contact us to make sure you have the latest
version of the subpart R rule, which is located in part 61 of title 40, chapter I of the Code of
Federal Regulations ("40 CFR 61").
Subpart R was most recently amended on February 3, 1999. You can find a copy of the
Federal Register notice (64 FR 5574, titled: "National Emission Standards for Radon Emissions
from Phosphogypsum Stacks") through the Office of Federal Register main page at:
http://www.gpoaccess.gov/fr/index.htnil You can see the most up-to-date version of the rule at
hrtp.7/www.gpoacccss.gov/cfr/indcx.html. We've also included the complete text of subpart R in
Appendix A.
1.3 Where can I get more information?
This document compiles and supplements a wealth of information that is available on the
EPA radiation website. See the website at
hLtn://vvww.epa.gov/radiation.''«es)iaps/subDartr/iTidex.html for additional information.
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1.4 Who do I contact if I have questions about the regulation or petition process?
You may contact our staff in the Office of Radiation and Indoor Air using the following
information:.
Phone (202) 343-9290
FAX (202) 343-2304
US Mail Office of Radiation and Indoor Air
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Mail Code 6608J
Washington, DC 20460-0001
E-Mail radiation. questions@epa. gov
Figure 1. Phosphogypsum Stacks
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2.0 Petition Process
2.1 How do I start the petition process?
If you have a potential use for phosphogypsum, you may apply for an exemption from the
existing use and disposal requirements. You may apply for other use approval by following the
specific steps listed in the regulation. The two key elements in any proposal for alternative use
are:
A detailed description of your idea for using phosphogypsum and how you plan to
implement your idea.
A risk analysis to demonstrate that
introduction of this material into the
environment will not result in greater
risks to the public or the environment than
leaving the phosphogypsum in the stacks.
Phosphogypsum stacks are a less than ideal
management alternative, but they still represent
the best option we have identified to date for the
majority of material generated.
Note that you must have EPA approval before you do anything with phosphogypsum
other than those uses already allowed under subpart R. You may not proceed with any project on
a "petition pending" basis.
We encourage you to contact us early in the development process. Even if you're just
thinking about an idea, wondering if it's been done before, or even feasible, we encourage you to
contact us. It may save you a lot of time and trouble. While we do not fund efforts to seek
alternatives uses, there are several organizations that may provide funding and/or other
assistance. These include:
Phosphate mining and processing companies.
State government or the municipal agencies responsible for managing phosphate
operations. For example, Florida has created a group devoted to finding solutions
to the problem and has funded its research
and development.
Local and national environmental groups.
Contact us if you need more information on potential
partners. We will share any information we have about
organizations or companies that may provide funding.
This guidance document provides a suggested
format for your petition. However, each case is different
and you shoufd feel free to use any well-organized
If possible, submit both a hard copy and an
electronic copy of the entire petition. If this is
not possible, these steps will help us review
your petition:
Number the pages in the body of the petition
as well as the pages in any appendices.
Do not permanently bind your petition, so that
we can make additional copies for the review
process.
Submit one original (marked as such) and two
copies.
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format. Fancy presentations aren't required either. Our review is made on technical merit rather
than presentation. However, we prefer simple, straightforward petitions.
2.2 What should 1 include in the description of my potential use and how it's
implemented?
Your petition must provide the information requested in 40 CFR 61.206, "Distribution
and use of phosphogypsum for other purposes." We are looking for specific pieces of
information about the applicant, whether you are applying for yourself or another person. The
information required includes the following:
The name and address of the person(s) making the request.
A description of the proposed use, including any handling and processing that the
phosphogypsum will undergo. Be specific for each phase or step. Remember we
may not be familiar with the technology.
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. If the mailing address is different, provide it too.
The quantity of phosphogypsum to be used by each facility. Remember, each
petition is for a specific amount, which may not be exceeded. If you aren't sure,
estimate on the high side. This will save you from having to call us later for
approval of a larger amount.
The average concentration of radium-226 in the phosphogypsum to be used. This
information may be available from the owner of the stack. The sampling must
have been done within the past 12 months.
A description of any measures which will be taken to prevent the uncontrolled
release of phosphogypsum into the environment. Please be specific when you
provide this information.
An estimate of the maximum individual risk and incidence associated with the
proposed use, including the ultimate disposition of the phosphogypsum or any
product in which the phosphogypsum is incorporated.
How the applicant will dispose of any unused phosphogypsum.
Each request must be signed and dated by a corporate officer or public official in charge of the
facility.
Section 3.0 contains more information on the project description elements of the petition.
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2.3 What must I do to show that the potential use won't be any more hazardous than
storing phosphogypsum in stacks?
Your petition must include the results of a risk assessment demonstrating that the
proposed other use will not cause a threat to the public or environment greater than if the
phosphogypsum were left in the stack. As part of the NESHAP rulemaking process, we
conducted an assessment of the maximum individual lifetime risk of fatal cancer from radon
emissions from stacks. This risk was estimated to be less than three in ten thousand to the
maximally exposed individual. This risk threshold is consistent with the determination of a
"safe" level first announced in the NESHAPs for certain benzene source categories (54 FR
38044, September 13, 1989). Based on our analysis, we also determined that this level provides
an ample margin of safety, considering the cost, scientific uncertainty, and technological
feasibility of control technologies needed to further reduce the radon emissions from stacks.
Therefore, your proposed alternative use petition must demonstrate that the alternative use does
not exceed a three in 10 thousand maximum individual risk level.
Sections 4.0 and 5.0 on Risk Assessment and Risk Assessment Models have more
detailed information on how to complete the risk assessment portion of your petition.
2.4. What steps will EPA take to review and approve my petition?
As suggested above, we urge you to contact us early in the development of your petition.
Once you submit a petition, we will assign an Office of Air and Radiation (OAR) staff person to
your petition. This person will work with you to ensure your petition is processed as quickly as
possible and will keep you up-to-date on our progress. We seek to review your petition and give
you a determination in a timely manner.
Our first step will be to assess your petition for completeness. We cannot finalize or
review incomplete petitions or petitions that contain inaccurate or questionable data or analyses.
We will look for the following three elements in our completeness determination:
A demonstration that the potential radiological risk from the alternative use is at
least as protective as placement of phosphogypsum in a stack or mine, consistent
with regulations.
A description of the proposed monitoring scheme covering both radiological and
non-radiological parameters with sufficient detail to demonstrate that the project
does not adversely affect the environment and that the project is an effective and
appropriately identified small-scale study (or other application) or a justification
for why monitoring is not needed.
Some discussion and documentation that the description of the project lies within
generally accepted methodologies for such research, that the effectiveness and
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benefit of such research is adequately documented, and that the proposed use is
legitimate (i.e., not considered "disposal").
We have included an example completeness checklist in Appendix B to help you develop
your petition. During this phase, we would expect to work closely with you to identify any
information gaps and address questions we may have regarding your petition. If we still find that
the petition is incomplete, we will document in a letter to you any deficiencies we find and offer
suggestions for how you might remedy them. At that point, you will be welcome to resubmit
your petition with additional material.
Once we determine you have a complete petition, we will notify you that we are starting
the technical review phase of your petition. Once that review is complete, we will issue a notice
of pending approval or a notice of disapproval signed by the OAR Assistant Administrator. If
the petition is to be approved, we will ask you to submit a copy of the complete petition to the
public library closest to the site of the intended alternative use and another to the public library
closest to the phosphogypsum stack. We will publish a notice of our pending approval in the
local newspapers near the site and stack informing the public of our pending approval, the
location of the libraries where the petition is available for public review, and notice that we will
approve the petition in 30 days unless significant adverse comments are received. We will also
directly notify other stakeholders of our pending approval.
Upon receipt of public comments, we will review them for their significance and
determine if they contain information that would lead to a concern for human health or
environmental impacts not previously considered in the risk analysis, some other reason to
reconsider our decision to approve, or the potential to revise the finding that the alternative use is
at least as protective as leaving the phosphogypsum in the stack. If we determine that there are
adverse comments, we will advise you of the comments and give you an opportunity to amend
your analysis or proposed use, or take other steps to address the public concerns. If we determine
that the amended petition is approvable, we will notify the local newspapers that a "response to
comments" document is available on our website, and issue the approval.
Consistent with 40 CFR 61.106(e), if we decide to grant a request that approves
distribution and/or use of phosphogypsum for a specified purpose, we may decide to impose
additional terms or conditions governing such distribution or use. hi some cases, we may require
you to take special precautions. For example, if you were proposing to use phosphogypsum in a
way that would bring it into contact with the surface of the ground, such as using it for a road
base, we might require you to establish a groundwater monitoring program. See section 6.0 of
this guidance document for more discussion of post-approval requirements.
Since each idea is different, the length of time we need to review each proposal is
different. You can expect the length of the review period to depend on the scope of the project,
its level of complexity, and the quality of your petition. If your petition is simple,
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straightforward, and complete, we may be able to review and approve it in a matter of months. If
it is complex, we will probably need more time and may need to consult with experts outside the
Agency, which can extend the review period. To the extent your proposal is similar to other
proposals we have approved, we anticipate there may be some opportunity for streamlining the
process.
Unless there is material, such as details about a proprietary process, that you have marked
confidential business information (CBI), we will make the entire petition available to the public.
In some circumstances, we will also provide copies of your petition to local and state officials for
their comments. Therefore, if you believe that disclosure of information in your petition would
reveal a trade secret or is otherwise considered CBI, you should clearly identify such information
in your submittal. Any information subsequently determined to constitute CBI will be protected
under 18 U.S.C. 1905. If no claim of confidentiality accompanies the information when it is
received by us, it may be made available to the public by us without further notice
(40 CFR 2.203(a)(2)). Note1 that emissions data are exempt from claims of confidentiality, and
any emissions data you provide may be made available to the public. Contact us if you have any
concerns about how we will handle CBI.
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3.0 Project Description
Based on our experience with petitions we have received to date, we expect that most
petitions for new uses will start with a small-scale (field) study designed to validate the proposed
use. Subsequent to successful completion of a small-scale study, we would expect you to submit
a follow-on petition for more wide-spread use of the proposed process or material. Therefore,
this document emphasizes the important role that a properly designed small-scale study would
play in the process of considering a request to use or distribute phosphogypsum for other
purposes. There is no requirement for you to pursue a small-scale study. However,
documentation of the proposed use through a small-scale study can greatly advance your ability
to make the needed showing that your proposed use meets our approval criteria.
Several possible "other uses" of phosphogypsum have been explored over the years.
These include:
Landfill daily cover material
Road base material
Marine environment stabilization (oyster culch and riprap applications)
Grassland fertilizer
Glass-ceramic tiles
Cement, wallboard, and other building materials.
Of these uses, the most recent interest has been in the area of landfill daily cover material.
Because land applications are a common type of petition, this guidance will focus on the design
of projects to address land-based proposals. We also expect that this guidance will provide a
general template for other types of application. Note, however, that other applications may
involve additional concerns or requirements that must be addressed. For example, a project that
would affect the marine environment may require your compliance with the Marine Protection,
Research, and Sanctuaries Act (MPRSA, also known as the Ocean Dumping Act), which
prohibits the dumping of material into the ocean that would unreasonably degrade or endanger
human health or the marine environment. Ocean dumping cannot occur unless a permit is issued
under the MPRSA.
The rest of this section will discuss the key elements that comprise a good project
description in addition to the listed requirements in 40 CFR 61.206.
3.1 How do I describe the proposed small-scale study?
A small-scale study is the intermediate step between laboratory testing and full-scale
implementation of the alternative use. Because of its smaller size, both costs and potential risks
are lower in a small-scale study than in the full-scale implementation of the alternative use. The
small-scale study is designed to simulate alternative use conditions as much as possible. At a
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minimum, a small-scale study will consist of two components - a field test demonstrating how
the proposed alternative would function and a control test to generate baseline conditions. Good
study design ensures that activities in the field test component will be identical to activities in the
control test component. In other words, the field test and control test will be subject to the same
conditions at the same time.
We encourage you to describe the proposed use as completely as possible. Your petition
should include a detailed description of the small-scale study that includes engineering drawings
that clearly show the design of die field test and control test. Where needed, these should be in
both plan-view and in cross-section, with detail drawings as appropriate. For example, in a
landfill application, you should provide detailed information on the design of the geomembrane
layer (seam specifics), the hydraulic conductivity of the clay layer, distances to monitoring wells,
leachate circulation system design (if used), test cell sumps, etc. Please contact us for a more
detailed description of what would be needed in your specific project.
3.2 How do I characterize the phosphogypsum waste?
As part of your petition, you must report the average concentration of radium-226 in the
phosphogypsum you propose to use. This information should be available from the owner or
operator of the phosphogypsum stack. 40 CFR 61.207 describes the procedures that the owner or
operator must follow in determining the concentration. Then, if your petition is approved, you
must meet the 40 CFR 61.208 certification requirements to document the concentration that is
determined. See section 6.4 for more information on the certification requirements.
In addition to information on the average radium concentration of the phosphogypsum
you will be using, you also must provide information on the other characteristics of the waste.
For example, it may be important to analyze the waste for other toxic or hazardous constituents
in order to understand the basic nature of the material, particularly if there is a breach in
containment. Mobility of different constituents varies and can be an early indicator of a potential
leak in the system. In that event, constituents other than radionuclides may be the first to breach
the unit and an analysis of the waste would provide the information to answer that question.
Many leach tests are available to assess the mobility of various constituents and to assess
contaminated soil scenarios. Some tests may be appropriate in specific situations, e.g., EPA
Method 1311, the Toxicity Characteristic Leaching Procedure (TCLP), models leaching in a
municipal landfill environment. The EPA Method 1312, the Synthetic Precipitation Leaching
Procedure (SPLP), is designed to determine the mobility of both organic and inorganic analytes
present in liquids, soils, and wastes. The SPLP was developed to model an acid rain leaching
environment and is generally appropriate for a contaminated soil scenario. Like most leach tests,
the SPLP may not be appropriate for all situations (e.g., soils contaminated with oily constituents
may not yield suitable results). Therefore, one or more leach tests may be needed to adequately
characterize the phosphogypsum waste proposed for your petition.
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3.3 How does the small-scale study measure success?
The criteria used in determining success or failure of the tests needs to be explicit in the
petition. In the landfill example, one of the proposed benefits in this application method is the
enhanced biodegradation of the solid waste landfill material. The petition should explain the
factors that will be used to measure performance (e.g,, settlement rate or time/distance of
settlement) compared to the control test.
3.4 How does the small-scale study limit or control possible undesirable results?
This part of the petition should address quality control/quality assurance (QA/QC)
measures you will take to ensure that the small-scale study generates the anticipated results and
does not generate unexpected and/or undesirable results. In a landfill application, information on
the type of liner, how it is installed, and steps taken to prevent leaks should be presented. You
should develop a QA/QC plan that addresses leak prevention potential for liquids, solids, and
gases. For example, hydrogen suifide (HjS) is a common and very reactive landfill gas. Will
you take measurements to estimate the potential for its generation? How will you monitor for the
generation during the experiment? Will there be odor concerns from the emissions of H2S and
how will you manage them?
3.5 How do I monitor potential exposures?
Your petition should address all relevant exposure pathways, which will include air as
well as groundwater, ingestion, or others depending on the proposed use. You will be expected
to provide background documentation describing baseline exposure levels, anticipated exposure
levels, and how you will monitor exposure.
The air pathway should always be included as a potential pathway of exposure for
phosphogypsum. Movement of the materials from the stack to the area of alternative use can
result in particle and contaminated soil resuspension while diffuse radiation exposure from the
stack can occur at any time. Ambient air monitors can be used to estimate the potential exposure
to the general public through careful placement along the boundaries of the stack site and the
alternative use site. Place the monitors where maximum air concentrations of contaminants are
expected. Worker air pathway exposure can be estimated through the use of personal monitoring
devices. Personal monitors such as radiation badges or portable particulate samplers are worn by
the workers and provide a more precise estimate of exposure than the ambient monitors since the
workers move around the site.
In land applications, the groundwater pathway must be considered a potential route of
exposure in addition to the air pathway. Your project description must explain how you will
monitor the surrounding area to predict the impacts resulting from the small-scale study and to
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determine if there are leaks in the system. You should submit a groundwater monitoring plan
that includes the following elements:
Procedures and techniques for the following:
» Sample collection
» Sample preservation and shipment
» Analytical procedures
» Constituents to be analyzed
» Chain of custody control
» How you will determine if there has been a migration of constituents out
of the test site.
An engineering drawing that shows the location of monitoring wells and a
schematic showing how they will be constructed
What constituents will be analyzed.
More detailed information may be required for your specific proposal. Please contact us
early in the process to determine what requirements will be needed to ensure you are able to
submit a complete application.
3.6 How will the phosphogypsum be handled at the study site?
Your petition should include the details of how the phosphogypsum will be handled from
the point of release at the stack to your site, during the study, and how any remaining materials
will be removed from the site and returned to the stack. You should describe procedures to
prevent the unauthorized access to or use of materials at the site. What are the controls to ensure
you do not receive excess materials? How will the excess material be returned?
3.7 What are the expected benefits of the proposed use?
As described in section 2.4, your petition should include a discussion of the effectiveness
of proposed use relative to leaving the phosphogypsum in the stack. Your proposed use should
be a legitimate use with real benefits and not intended merely as a disposal option. Attention to
the benefit of the use is consistent with national and international approaches to radiation
protection: "No practice involving exposure to radiation should be adopted unless it produces
sufficient benefit to the exposed individuals or to society to offset the radiation detriment it
causes." 7990 Recommendations of the ICRP
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4.0 Risk Assessment
4.1 What is a risk assessment?
A risk assessment is a scientific analysis that examines the ways that your proposed use
could expose people and the environment to phosphogypsum radiation, how great the exposure
would be, and what health effects can be expected. The risk assessment should be designed to
confirm that the potential radiological risk from the proposed alternative use is:
At least as protective of public health, in both the short term and the long term, as
disposal of phosphogypsum in a stack or mine (40 CFR 61.206(c)).
Is an appropriate level of risk, acceptable and consistent with the NESHAP
program and the Clean Air Act.
Most radiologic risk assessments include the
inhalation or air exposure pathway. Air and water present jn phosphogypsum and can become
concentrations of radionuclides and exposure conditions
are used to calculate radionuclide intakes from which one
can estimate excess cancer risk. (Federal Guidance
Report No. 13 lists risk per unit intake for ingestion and mgy become ajrbome by djffusjng jnto ^ ajr
inhalation of radionuclides). Air concentrations used in
The radionuclides, uranium and radium-226, are
airborne. Once in the air, people and animals
can breathe them and they can settle out onto
ponds and agricultural areas. Radon-222, a
decay product of radium-226, is a gas and so
risk assessments can be estimated from models, ambient
monitors, or a combination of the two. Likewise, water
concentrations can be estimated by models, water monitoring, or a combination of both. A
preliminary risk assessment may assume default exposure conditions and that lifetime exposure
occurs. Further refinement of the risk assessment can be made as necessary.
To the extent the phosphogypsum is land applied or will remain in place following the
test, the risk assessment must examine other potential pathways of exposure, in particular with
respect to groundwater and surface water. Consideration of multiple pathways, particularly
pathways associated with groundwater, are consistent with our review of alternative uses as
found in the 1992 rulemaking on phosphogypsiim. To model these additional pathways, it will
be necessary for you to obtain some site-specific information (depending on your individual
application), such as:
Soil/landfill properties (e.g., soil types, densities, distribution coefficients)
Water table properties (e.g, depth, hydraulic gradient)
Meteorological data (e.g., average rainfall)
Land use scenario data for the region.
The risk assessment is a key part of your petition and must be submitted with your
petition in order to be determined complete. You should consider conducting a screening level
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assessment first to determine the overall magnitude of risk posed by your proposed use. If the
initial risk appears high, you may want to refine your idea to reduce the risk and then conduct a
refined assessment to better understand risk factors and assumptions that influence the outcome
of the analysis. See section 5.0 for more discussion of the EPA models that are available for
estimating cancer risks from exposure to radionuclides.
Please contact us if you have additional questions on how to conduct a risk assessment
for your petition. The following materials provide a good starting point for conducting a risk
assessment:
Risk Assessment Guidance for Superfund, Volume 1, Human Health Evaluation Manual
(Part A)
USEPA, Office of Emergency and Remedial Response, Washington, DC 20460,
December, 1989
EPA/540/1-89/002
Exposure Factors Handbook, Volume 1, General Factors
USEPA, Office of Research and Development, Washington, DC 20460
August, 1997
EPA/600/P-95/002Fa
Guidelines for Exposure Assessment
Published on May 29, 1992 in the Federal Register at 57 FR 22888-22938
4.2 How do the results of the risk assessment affect the decision on
approval?
The risk assessment must demonstrate that the proposed other use
will not cause a threat to the public or environment greater than if the
phosphogypsum were left in the stack. This means that the risk
assessment must show that the chance of developing a fatal cancer in
people who are exposed to phosphogypsum as a result of the use for which
you are applying must not increase more that three in ten thousand
(3 xlO"4). To put this number in perspective and allow you to see how
little increase in risk is permitted, the risk in the United States of
developing a fatal cancer is about one in four.
About
Rtek Assessment
EPAs Radiation Rsk
Assessment Program
provides The methods
and scientific bases for
EPAs radiation
exposure and dose
assessments. The
assessments are used
by EPAto develop
radiation protection and
risk management policy.
guidance, and
rulemahings.
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5.0 Risk Models
5.1 What EPA models are available?
EPA has made available multiple models for
estimating cancer risks from exposure to radionuclides.
The models are unique because they include not only
fate and transport of radionuclides released to air and
other media, but also estimate dose and risk. The first
question to ask when selecting a computer model for
your assessment is which exposure pathways do you
need to simulate. (If you are unsure, please contact
EPA.)
Risk models are a series of mathematical
equations combining the impact of many
different factors that determine the health
effects of your proposed use. For example, if
your proposed use involves making a product
that goes in the ground, the potential for the
phosphogypsum to affect the health of people
near it will depend on how dry or wet the soil is,
how close it will be to drinking wells, whether
there are people living near where you propose
to use it, etc. A risk model contains equations
to account for all these factors.
For air pathway only simulations, the COMPLYR and CAP-88 models are
available.
EPACMTP is used to simulate the impact of the release of constituents present in
waste that is managed in land disposal units.
COMPLYR is an atmospheric screening model for assessing dose from radioactive air
emissions. COMPLYR calculates the effective dose equivalent (ede) from radionuclides
released from stacks and vents. Atmospheric concentrations are estimated using a Gaussian
plume model and equations that account for building wake effects. For more information on this
model, go to the EPA radiation website at:
hltn://vvww.epa.gov/radiatioa''assessment/complv.html.
The CAP-88 (which stands for Clean Air Act Assessment Package-1988) computer
model is a set of computer programs, databases and associated utility programs for estimation of
dose and risk from radionuclide emissions to air. The CAP88-PC software, released in 1992,
allows the user to complete CAP-88 dose and risk assessment calculations in a personal
computer environment. For more information on this model, go to the EPA radiation website at:
http ://www. epa. gov/radi ation/assessment/'C AT' 88/index .htm L
The EPA CMTP (Composite Model for Leachate Migration with Transformation
Products) is a subsurface fate and transport model used to establish concentrations of constituents
in wastes managed in land-based units. EPACMTP can simulate the subsurface migration of
leachate from four different types of waste management units: landfills, waste piles, surface
impoundments, or land application units.
Guidance on models for estimating risks from other constituents is also available from
EPA in the Air Toxics Risk Assessment Reference Library at:
httD://www.eDa.gov/ttn/fera/risk atra rnain.html.
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5.2 Which models should I use and how can I obtain them?
As a first step, review the EPA models described in section 5.1. Also, please feel free to
contact us for help because we may be able to provide additional guidance on selecting
appropriate models.
If you decide to use a different model, you must send us an electronic copy of the model,
a user's manual, and verification and validation information, at a minimum. We will review the
information and let you know if it is appropriate for conducting a risk assessment.
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6.0 Other Requirements
6.1 Are there any other EPA requirements than those related to the petition?
As described in section 2.4 of this document and consistent with 40 CFR 61.106(e), if we
decide to grant a request that approves distribution and/or use of phosphogypsum for a specified
purpose, we may decide to impose additional terms or conditions governing such distribution or
use. In some cases, we may require you to take special precautions. For example, if you are
proposing to use phosphogypsum in a way that would bring it into contact with the surface of the
ground, such as using it for a road base, we will probably require you to establish a groundwater
monitoring program. In other cases, we might require use of a synthetic geomembrane as part of
a landfill cap design.
6.2 If I meet EPA requirements, do I have to consider other Federal and/or state and
local requirements?
As a matter of practice, we keep the affected EPA Regional Office, State Agency, and
other relevant jurisdictions informed of activities related to your petition. Before you send in
your petition, it would be wise to talk to the other regulators to ensure that you can proceed. If
you aren't sure whom to contact, we will be able to help you.
Note that our approval of your petition does not supersede any other Federal (e.g.,
OSHA), local, or state requirements. For example, as described in section 3.0 of this document,
a project that would affect the marine environment requires your compliance with the MPRSA,
which prohibits the dumping of material into the ocean that would unreasonably degrade or
endanger human health or the marine environment. Ocean dumping cannot occur unless a permit
is issued under the MPRSA.
6.3 What recordkeeping requirements must I meet?
The end-user of the phosphogypsum must retain records that conform to the requirements
of 40 CFR 61.209(c) for at least 5 years from the date of use of the phosphogypsum. For
example, in the case of a petition to use the phosphogypsum as a landfill cover, the end-user
would be the landfill facility. Your petition must ensure that the records requirement shall be
met.
The records must include the following information:
The name and address of the person in charge of the activity involving use of
phosphogypsum
A description of each use of phosphogypsum, including the handling and
processing that the phosphogypsum will undergo
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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
The mailing address of each facility using phosphogypsum, if different from that
described above
The date of each use of phosphogypsum
The quantity of phosphogypsum used
The certified average concentration of radium-226 for the phosphogypsum which
was used
A description of all measures taken to prevent the uncontrolled release of
phosphogypsum into the environment
A description of the disposition of any unused phosphogypsum.
In appropriate circumstances, we may also decide to waive or modify the recordkeeping
requirements established by 40 CFR 61.209(c).
6.4 What are the certification requirements and how do I meet them?
As described in section 3.2 of this document, 40 CFR 61.207 establishes radium-226
sampling and measurement procedures to characterize the phosphogypsum. The certification
requirements in 40 CFR 61.208 are designed to ensure the information on radium-226
concentration is documented and available at all times, whenever phosphogypsum is removed
from a stack for "distribution in commerce" under 40 CFR 61.206. Prior to removal and using
the procedures defined in 40 CFR 61.207, the owner or operator of a phosphogypsum stack must
measure the average radium-226 concentration at the location in the stack from which
phosphogypsum will be removed. Then, under 40 CFR 61.208, the owner or operator must
prepare a certificate document for each quantity of phosphogypsum which is distributed in
commerce that includes:
The name and address of the owner or operator
The name and address of the purchaser or recipient of the phosphogypsum
The quantity (in pounds) of phosphogypsum sold or transferred
The date of sale or transfer
A description of the intended end-use for the phosphogypsum
The average radium-226 concentration, in pCi/g, of the phosphogypsum, as
determined according to 40 CFR 61.207
The signature of the person who prepared the certification.
Each distributor, retailer, or reseller who purchases or receives phosphogypsum for
subsequent resale or transfer must prepare a certification document for each quantity of
phosphogypsum that is resold or transferred that includes:
The name and address of the distributor, retailer, or reseller
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The name and address of the purchaser or recipient of the phosphogypsum
The quantity (in pounds) of phosphogypsum resold or transferred
The date of resale or transfer
A description of the intended end-use for the phosphogypsum
A copy of each certification document which accompanied the phosphogypsum at
the time it was purchased or received by the distributor, retailer, or reseller
The signature of the person who prepared the certification.
Therefore, 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 must
be accompanied at all times by certification documents that conform to 40 CFR 61.208. While
the particular use described in your petition may not be described as "commerce" in a strict
sense, there is an end-user, and the petition must address this requirement.
6.5 What post-approval requirements must I meet?
Section 6.4, above, describes the ongoing recordkeeping requirements as specified in
subpart R. Additional requirements may be added as approval conditions. Similarly, we may
add reporting requirements to your approval. In any case, we may contact you from time to time
for an update.
"Other uses" are approved as long as nothing in the petition changes. If some piece of
information changes, you must notify us. You probably won't be required to do any additional
work unless the change is in one of the factors that was considered in the risk analysis. When
factors that affect the risk of the use change, you may have to redo part or all of the risk analysis.
Factors that could affect the risk analysis results include a decision to use phosphogypsum from a
different stack or supplier than indicated in your approved petition. Also, if you submit a petition
to manufacture a specific product and later realize it can be used for another purpose, you must
complete and submit a new petition containing a new use-specific risk analysis.
Once approved, your petition can be revoked if you violate the approved process. For
example, if you say you are going to be making your product in State A, then shipping it to State
B for testing, and we discover you have sent it to State C for testing, we may revoke your
approval. It is possible that we could involve our Office of Enforcement and Compliance
Assurance for further penalties. It is much easier to contact us beforehand and discuss any
needed changes to your approved petition.
Unless specified in your approval, there is no "official" closeout to your project.
However, we request that you send us a courtesy letter informing us when you complete your
study and closeout the site so that our records are complete. Your petition must include
information regarding final disposition of the test site and phosphogypsum used and your
approval will confirm the final requirements.
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Appendix A
40 CFR 61.200-210
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PART 61-National Emission Standards for Hazardous Air Pollutants
Subpart R: National Emission Standards for Radon Emissions
from Phosphogypsum Stacks
§ 61.200 Designation of facilities.
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.
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.
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.
§ 61.203 Radon monitoring and compliance procedures.
(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)(l) 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:
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(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, 1 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 1 IS 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
1 IS. 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.
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:
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(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.
§ 61.205 Distribution and use of phosphogypsum for indoor research and development.
(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 Ib) 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 Ib), provided that no single room in which research and development activities are
conducted shall contain more than 3182 kg (7,000 Ib).
(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
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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 maybe 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.
§ 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 §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.
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(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 §1.209(c).
§ 61.207 Radium-226 sampling and measurement procedures.
(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 nl
represent the number of samples taken.
(2) Measure the radium-226 concentration of each of thenl 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, si, of the nl radium-226 concentrations:
_ i-d
Where x 1 and si are
expressed in pCi/g.
(4) Calculate the 95th percentile for the distribution, x *, using the following equation:
: = *+1.64
Where x * is
expressed in pCi/g.
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(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* 1 and x * calculated in 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.
(l)(i) Solve the following equation for the total number of samples required:
(ii) The sample size ril shall be rounded upwards to the next whole number. The number of
additional samples needed is nA = n2--n\.
(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 «2 radium-226 concentrations
by joining this set of nA concentrations with the n\ concentrations previously measured. Use the
formulas in paragraph (a)(3) of this section, substituting the entire set ofn2 samples in place of
the nl samples called for in paragraph (a)(3) of this section, thereby determining the mean, x 2,
and standard deviation, 52, 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, forx 1, the recalculated standard deviation, 52, for si, and total sample
size, «2, for/il.
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(6) Repeat the procedure described in paragraph (b) of this section, substituting the recalculated
mean, x 2 for x 1.
§ 61.208 Certification requirements.
(a)(l) 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)(l) 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.
§ 61.209 Required records.
(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.
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(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.
All facilities designated under this subpart are exempt from the reporting requirements of 40
CFR 61.10.
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Appendix B
Petition Completeness Checklist
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PETITION COMPLETENESS CHECKLIST
Does your petition contain the following information?
The name and address of the person(s) making the request.
A description of the proposed use(s), including the following:
A detailed description of the small-scale study (field test, control test, QA/QC
plans, illustrative diagrams/pictures)
How the phosphogypsum will be handled or processed during each stage of the
study, including closure (if applicable)
Goals of the study and how performance will be measured
Characteristics of the phosphogypsum to be used (radium-226 concentration, as
defined below, as well as information on other characteristics of the waste such as
toxic or hazardous constituents and mobility of constituents, presence of
hazardous air pollutants)
D 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. If the mailing address is different, provide it too.
D The quantity of phosphogypsum to be used by each facility.
D The average concentration of radium-226 in the phosphogypsum to be used. This
information may be available from the owner of the stack. The sampling must have been
done within the past 12 months according to the procedures in 40 CFR 61.207. Include a
copy of the necessary 40 CFR 61.208 certification with your petition.
D A description of any measures which will be taken to prevent the uncontrolled release of
radium 226, radon, or other hazardous constituents into the environment. This includes
description of any monitoring plans for air and water pathways and worker exposure,
leak prevention programs, and QA/QC measures.
D An estimate of the maximum individual risk and incidence associated with the proposed
use, including the ultimate disposition of the phosphogypsum or any product in which the
phosphogypsum is incorporated. Include a copy of the risk assessment procedures,
assumptions, and results. If you use a non-EPA model, provide a copy of the model and
all needed documentation to understand and use the model.
D How the phosphogypsum will be handled at the study site, including procedures to
prevent unauthorized access and handling of excess materials.
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D Description of the effectiveness and benefit of the proposed use.
D Description of any other Federal, state, and/or local requirements affected by the
proposed use and how they will be satisfied.
D Description of any recordkeeping and reporting procedures, including the certification
requirements, and how they will be met.
D Each request shall be signed and dated by a corporate officer or public official in charge
of the facility.
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