15 U.S.C. § 2665 : US Code - Section 2665: Technical assistance to States for radon programs

Search 15 U.S.C. § 2665 : US Code - Section 2665: Technical assistance to States for radon programs

(a) Required activities
The Administrator (or another Federal department or agency
designated by the Administrator) shall develop and implement
activities designed to assist State radon programs. These
activities may include, but are not limited to, the following:
(1) Establishment of a clearinghouse of radon related
information, including mitigation studies, public information
materials, surveys of radon levels, and other relevant
information.
(2) Operation of a voluntary proficiency program for rating the
effectiveness of radon measurement devices and methods, the
effectiveness of radon mitigation devices and methods, and the
effectiveness of private firms and individuals offering radon-
related architecture, design, engineering, measurement, and
mitigation services. The proficiency program under this
subparagraph shall be in operation within one year after October
28, 1988.
(3) Design and implementation of training seminars for State
and local officials and private and professional firms dealing
with radon and addressing topics such as monitoring, analysis,
mitigation, health effects, public information, and program
design.
(4) Publication of public information materials concerning
radon health risks and methods of radon mitigation.
(5) Operation of cooperative projects between the Environmental
Protection Agency's Radon Action Program and the State's radon
program. Such projects shall include the Home Evaluation Program,
in which the Environmental Protection Agency evaluates homes and
States demonstrate mitigation methods in these homes. To the
maximum extent practicable, consistent with the objectives of the
evaluation and demonstration, homes of low-income persons should
be selected for evaluation and demonstration.
(6) Demonstration of radon mitigation methods in various types
of structures and in various geographic settings and publication
of findings. In the case of demonstration of such methods in
homes, the Administrator should select homes of low-income
persons, to the maximum extent practicable and consistent with
the objectives of the demonstration.
(7) Establishment of a national data base with data organized
by State concerning the location and amounts of radon.
(8) Development and demonstration of methods of radon
measurement and mitigation that take into account unique
characteristics, if any, of nonresidential buildings housing
child care facilities.
(b) Discretionary assistance
Upon request of a State, the Administrator (or another Federal
department or agency designated by the Administrator) may provide
technical assistance to such State in development or implementation
of programs addressing radon. Such assistance may include, but is
not limited to, the following:
(1) Design and implementation of surveys of the location and
occurrence of radon within a State.
(2) Design and implementation of public information and
education programs.
(3) Design and implementation of State programs to control
radon in existing or new structures.
(4) Assessment of mitigation alternatives in unusual or
unconventional structures.
(5) Design and implementation of methods for radon measurement
and mitigation for nonresidential buildings housing child care
facilities.
(c) Information provided to professional organizations
The Administrator, or another Federal department or agency
designated by the Administrator, shall provide appropriate
information concerning technology and methods of radon assessment
and mitigation to professional organizations representing private
firms involved in building design, engineering, and construction.
(d) Proficiency rating program and training seminar
(1) Authorization
There is authorized to be appropriated not more than $1,500,000
for the purposes of initially establishing the proficiency rating
program under subsection (a)(2) of this section and the training
seminars under subsection (a)(3) of this section.
(2) Charge imposed
To cover the operating costs of such proficiency rating program
and training seminars, the Administrator shall impose on persons
applying for a proficiency rating and on private and professional
firms participating in training seminars such charges as may be
necessary to defray the costs of the program or seminars. No such
charge may be imposed on any State or local government.
(3) Special account
Funds derived from the charges imposed under paragraph (2)
shall be deposited in a special account in the Treasury. Amounts
in the special account are authorized to be appropriated only for
purposes of administering such proficiency rating program or
training seminars or for reimbursement of funds appropriated to
the Administrator to initially establish such program or
seminars.
(4) Reimbursement of general fund
During the first three years of the program and seminars, the
Administrator shall make every effort, consistent with the goals
and successful operation of the program and seminars, to set
charges imposed under paragraph (2) so that an amount in excess
of operation costs is collected. Such excess amount shall be used
to reimburse the General Fund of the Treasury for the full amount
appropriated to initially establish the program and seminars.
(5) Research
The Administrator shall, in conjunction with other Federal
agencies, conduct research to develop, test, and evaluate radon
and radon progeny measurement methods and protocols. The purpose
of such research shall be to assess the ability of those methods
and protocols to accurately assess exposure to radon progeny.
Such research shall include -
(A) conducting comparisons among radon and radon progeny
measurement techniques;
(B) developing measurement protocols for different building
types under varying operating conditions; and
(C) comparing the exposures estimated by stationary monitors
and protocols to those measured by personal monitors, and issue
guidance documents that -
(i) provide information on the results of research
conducted under this paragraph; and
(ii) describe model State radon measurement and mitigation
programs.
(6) Mandatory proficiency testing program study
(A) The Administrator shall conduct a study to determine the
feasibility of establishing a mandatory proficiency testing
program that would require that -
(i) any product offered for sale, or device used in
connection with a service offered to the public, for the
measurement of radon meets minimum performance criteria; and
(ii) any operator of a device, or person employing a
technique, used in connection with a service offered to the
public for the measurement of radon meets a minimum level of
proficiency.
(B) The study shall also address procedures for -
(i) ordering the recall of any product sold for the
measurement of radon which does not meet minimum performance
criteria;
(ii) ordering the discontinuance of any service offered to
the public for the measurement of radon which does not meet
minimum performance criteria; and
(iii) establishing adequate quality assurance requirements
for each company offering radon measurement services to the
public to follow.
The study shall identify enforcement mechanisms necessary to the
success of the program. The Administrator shall report the
findings of the study with recommendations to Congress by March
1, 1991.
(7) User fee
In addition to any charge imposed pursuant to paragraph (2),
the Administrator shall collect user fees from persons seeking
certification under the radon proficiency program in an amount
equal to $1,500,000 to cover the Environmental Protection
Agency's cost of conducting research pursuant to paragraph (5)
for each of the fiscal years 1991, 1992, 1993, 1994, and 1995.
Such funds shall be deposited in the account established pursuant
to paragraph (3).
(e) Authorization
(1) There is authorized to be appropriated for the purposes of
carrying out sections 2663, 2664, and 2665 of this title an amount
not to exceed $3,000,000 for each of fiscal years 1989, 1990, and
1991.
(2) No amount appropriated under this subsection may be used by
the Environmental Protection Agency to administer the grant program
under section 2666 of this title.
(3) No amount appropriated under this subsection may be used to
cover the costs of the proficiency rating program under subsection
(a)(2) of this section.