---
kind: "section"
citation: "40 C.F.R. § 61.204"
title: "40"
number: "61.204"
heading: "Distribution and use of phosphogypsum for outdoor agricultural purposes."
url: "https://uscodex.org/cfr/40/61.204"
---

# §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:

- (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](/cfr/40/61.207.md).
- (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](/cfr/40/61.207.md), 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)](/cfr/40/61.208.md?p=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)](/cfr/40/61.208.md?p=b).
- (e) Use of phosphogypsum for indoor research and development in a laboratory must comply with [§ 61.205](/cfr/40/61.205.md).

## Notes

### Amendments

[57 FR 23317, June 3, 1992, as amended at 64 FR 5579, Feb. 3, 1999; 65 FR 62158, Oct. 17, 2000]

### Source

Source: 57 FR 23317, June 3, 1992, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 38 FR 8826, Apr. 6, 1973, unless otherwise noted.

### Amendments

[57 FR 23317, June 3, 1992, as amended at 64 FR 5579, Feb. 3, 1999; 65 FR 62158, Oct. 17, 2000]