15 U.S.C. § 2666 — Grant assistance to States for radon pro-

Page 1926 TITLE 15—COMMERCE AND TRADE § 2666 lect user fees from persons seeking certifi- cation under the radon proficiency program in an amount equal to $1,500,000 to cover the En- vironmental Protection Agency’s cost of con- ducting 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 sub- section may be used by the Environmental Pro- tection Agency to administer the grant program under section 2666 of this title. (3) No amount appropriated under this sub- section may be used to cover the costs of the proficiency rating program under subsection (a)(2). (Pub. L. 94–469, title III, § 305, as added Pub. L. 100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2756; amend- ed Pub. L. 101–508, title X, § 10202, Nov. 5, 1990, 104 Stat. 1388–393; Pub. L. 104–66, title II, § 2021(l), Dec. 21, 1995, 109 Stat. 728.) Editorial Notes AMENDMENTS 1995—Subsecs. (d) to (f). Pub. L. 104–66 redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out heading and text of former subsec. (d). Text read as follows: ‘‘Within 9 months after October 28, 1988, and annually thereafter, the Administrator shall sub- mit to Congress a plan identifying assistance to be pro- vided under this section and outlining personnel and fi- nancial resources necessary to implement this section. Prior to submission to Congress, this plan shall be re- viewed by the advisory groups provided for in section 403(c) of the Superfund Amendments and Reauthoriza- tion Act of 1986 (42 U.S.C. 7401 note).’’ 1990—Subsec. (e)(5) to (7). Pub. L. 101–508 added pars. (5) to (7). § 2666. Grant assistance to States for radon pro- grams (a) In general For each fiscal year, upon application of the Governor of a State, the Administrator may make a grant, subject to such terms and condi- tions as the Administrator considers appro- priate, under this section to the State for the purpose of assisting the State in the develop- ment and implementation of programs for the assessment and mitigation of radon. (b) Application An application for a grant under this section in any fiscal year shall contain such informa- tion as the Administrator shall require, includ- ing each of the following: (1) A description of the seriousness and ex- tent of radon exposure in the State. (2) An identification of the State agency which has the primary responsibility for radon programs and which will receive the grant, a description of the roles and responsibilities of the lead State agency and any other State agencies involved in radon programs, and de- scription of the roles and responsibilities of any municipal, district, or areawide organiza- tion involved in radon programs. (3) A description of the activities and pro- grams related to radon which the State pro- poses in such year. (4) A budget specifying Federal and State funding of each element of activity of the grant application. (5) A 3-year plan which outlines long range program goals and objectives, tasks necessary to achieve them, and resource requirements for the entire 3-year period, including antici- pated State funding levels and desired Federal funding levels. This clause shall apply only for the initial year in which a grant application is made. (c) Eligible activities Activities eligible for grant assistance under this section are the following: (1) Survey of radon levels, including special surveys of geographic areas or classes of build- ings (such as, among others, public buildings, school buildings, high-risk residential con- struction types). (2) Development of public information and educational materials concerning radon as- sessment, mitigation, and control programs. (3) Implementation of programs to control radon in existing and new structures. (4) Purchase by the State of radon measure- ment equipment or devices. (5) Purchase and maintenance of analytical equipment connected to radon measurement and analysis, including costs of calibration of such equipment. (6) Payment of costs of Environmental Pro- tection Agency-approved training programs related to radon for permanent State or local employees. (7) Payment of general overhead and pro- gram administration costs. (8) Development of a data storage and man- agement system for information concerning radon occurrence, levels, and programs. (9) Payment of costs of demonstration of radon mitigation methods and technologies as approved by the Administrator, including State participation in the Environmental Pro- tection Agency Home Evaluation Program. (10) A toll-free radon hotline to provide in- formation and technical assistance. (d) Preference to certain States Beginning in fiscal year 1991, the Adminis- trator shall give a preference for grant assist- ance under this section to States that have made reasonable efforts to ensure the adoption, by the authorities which regulate building con- struction within that State or political subdivi- sions within States, of the model construction standards and techniques for new buildings de- veloped under section 2664 of this title. (e) Priority activities and projects The Administrator shall support eligible ac- tivities contained in State applications with the full amount of available funds. In the event that State applications for funds exceed the total funds available in a fiscal year, the Adminis- trator shall give priority to activities or Page 1927 TITLE 15—COMMERCE AND TRADE § 2667 projects proposed by States based on each of the following criteria: (1) The seriousness and extent of the radon contamination problem to be addressed. (2) The potential for the activity or project to bring about reduction in radon levels. (3) The potential for development of innova- tive radon assessment techniques, mitigation measures as approved by the Administrator, or program management approaches which may be of use to other States. (4) Any other uniform criteria that the Ad- ministrator deems necessary to promote the goals of the grant program and that the Ad- ministrator provides to States before the ap- plication process. (f) Federal share The Federal share of the cost of radon pro- gram activities implemented with Federal as- sistance under this section in any fiscal year shall not exceed 75 percent of the costs incurred by the State in implementing such program in the first year of a grant to such State, 60 per- cent in the second year, and 50 percent in the third year. Federal assistance shall be made on the condition that the non-Federal share is pro- vided from non-Federal funds. (g) Assistance to local governments States may, at the Governor’s discretion, use funds from grants under this section to assist local governments in implementation of activi- ties eligible for assistance under paragraphs (2), (3), and (6) of subsection (c). (h) Information (1) The Administrator may request such infor- mation, data, and reports developed by the State as he considers necessary to make the de- termination of continuing eligibility under this section. (2) Any State receiving funds under this sec- tion shall provide to the Administrator all radon-related information generated in its ac- tivities, including the results of radon surveys, mitigation demonstration projects, and risk communication studies. (3) Any State receiving funds under this sec- tion shall maintain, and make available to the public, a list of firms and individuals within the State that have received a passing rating under the Environmental Protection Agency pro- ficiency rating program referred to in section 2665(a)(2) of this title. The list shall also include the address and phone number of such firms and individuals, together with the proficiency rating received by each. The Administrator shall make such list available to the public at appropriate locations in each State which does not receive funds under this section unless the State as- sumes such responsibility. (i) Limitations (1) No grant may be made under this section in any fiscal year to a State which in the preceding fiscal year received a grant under this section unless the Administrator determines that such State satisfactorily implemented the activities funded by the grant in such preceding fiscal year. (2) The costs of implementing paragraphs (4) and (9) of subsection (c) shall not in the aggre- gate exceed 50 percent of the amount of any grant awarded under this section to a State in a fiscal year. In implementing such paragraphs, a State should make every effort, consistent with the goals and successful operation of the State radon program, to give a preference to low-in- come persons. (3) The costs of general overhead and program administration under subsection (c)(7) shall not exceed 25 percent of the amount of any grant awarded under this section to a State in a fiscal year. (4) A State may use funds received under this section for financial assistance to persons only to the extent such assistance is related to dem- onstration projects or the purchase and analysis of radon measurement devices. (j) Authorization (1) There is authorized to be appropriated for grant assistance under this section an amount not to exceed $10,000,000 for each of fiscal years 1989, 1990, and 1991. (2) There is authorized to be appropriated for the purpose of administering the grant program under this section such sums as may be nec- essary for each of such fiscal years. (3) Notwithstanding any other provision of this section, not more than 10 percent of the amount appropriated to carry out this section may be used to make grants to any one State. (4) Funds not obligated to States in the fiscal year for which funds are appropriated under this section shall remain available for obligation during the next fiscal year. (5) No amount appropriated under this sub- section may be used to cover the costs of the proficiency rating program under section 2665(a)(2) of this title. (Pub. L. 94–469, title III, § 306, as added Pub. L. 100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2758.) Statutory Notes and Related Subsidiaries FEDERAL SHARE OF COST Pub. L. 109–54, title II, Aug. 2, 2005, 119 Stat. 531, pro- vided in part that: ‘‘Beginning in fiscal year 2006 and thereafter, and notwithstanding section 306 of the Toxic Substances Control Act [15 U.S.C. 2666], the Fed- eral share of the cost of radon program activities im- plemented with Federal assistance under section 306 shall not exceed 60 percent in the third and subsequent grant years.’’ § 2667. Radon in schools (a) Study of radon in schools (1) Authority The Administrator shall conduct a study for the purpose of determining the extent of radon contamination in the Nation’s school build- ings. (2) List of high probability areas In carrying out such study, the Adminis- trator shall identify and compile a list of areas within the United States which the Ad- ministrator determines have a high prob- ability of including schools which have ele- vated levels of radon. (3) Basis of list In compiling such list, the Administrator shall make such determinations on the basis of, among other things, each of the following: