15 U.S.C. § 2665 — Technical assistance to States for radon

Page 1924 TITLE 15—COMMERCE AND TRADE § 2663 1 So in original. Probably should be ‘‘action’’. grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of Title 20, Education. § 2663. EPA citizen’s guide (a) Publication In order to make continuous progress toward the long-term goal established in section 2661 of this title, the Administrator of the Environ- mental Protection Agency shall, not later than June 1, 1989, publish and make available to the public an updated version of its document titled ‘‘A Citizen’s Guide to Radon’’. The Adminis- trator shall revise and republish the guide as necessary thereafter. (b) Information included (1) Action levels The updated citizen’s guide published as pro- vided in subsection (a) shall include a descrip- tion of a series of action levels indicating the health risk associated with different levels of radon exposure. (2) Other information The updated citizen’s guide shall also in- clude information with respect to each of the following: (A) The increased health risk associated with the exposure of potentially sensitive populations to different levels of radon. (B) The increased health risk associated with the exposure to radon of persons en- gaged in potentially risk-increasing behav- ior. (C) The cost and technological feasibility of reducing radon concentrations within ex- isting and new buildings. (D) The relationship between short-term and long-term testing techniques and the re- lationship between (i) measurements based on both such techniques, and (ii) the ac- tions 1 levels set forth as provided in para- graph (1). (E) Outdoor radon levels around the coun- try. (Pub. L. 94–469, title III, § 303, as added Pub. L. 100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2755.) § 2664. Model construction standards and tech- niques The Administrator of the Environmental Pro- tection Agency shall develop model construction standards and techniques for controlling radon levels within new buildings. To the maximum extent possible, these standards and techniques should be developed with the assistance of orga- nizations involved in establishing national building construction standards and techniques. The Administrator shall make a draft of the document containing the model standards and techniques available for public review and com- ment. The model standards and techniques shall provide for geographic differences in construc- tion types and materials, geology, weather, and other variables that may affect radon levels in new buildings. The Administrator shall make final model standards and techniques available to the public by June 1, 1990. The Administrator shall work to ensure that organizations respon- sible for developing national model building codes, and authorities which regulate building construction within States or political subdivi- sions within States, adopt the Agency’s model standards and techniques. (Pub. L. 94–469, title III, § 304, as added Pub. L. 100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2756.) § 2665. Technical assistance to States for radon programs (a) Required activities The Administrator (or another Federal depart- ment or agency designated by the Adminis- trator) 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 mitiga- tion studies, public information materials, surveys of radon levels, and other relevant in- formation. (2) Operation of a voluntary proficiency pro- gram for rating the effectiveness of radon measurement devices and methods, the effec- tiveness of radon mitigation devices and meth- ods, and the effectiveness of private firms and individuals offering radon-related architec- ture, 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 pri- vate and professional firms dealing with radon and addressing topics such as monitoring, analysis, mitigation, health effects, public in- formation, and program design. (4) Publication of public information mate- rials concerning radon health risks and meth- ods of radon mitigation. (5) Operation of cooperative projects be- tween 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 Environ- mental Protection Agency evaluates homes and States demonstrate mitigation methods in these homes. To the maximum extent prac- ticable, consistent with the objectives of the evaluation and demonstration, homes of low- income persons should be selected for evalua- tion and demonstration. (6) Demonstration of radon mitigation meth- ods in various types of structures and in var- ious 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. Page 1925 TITLE 15—COMMERCE AND TRADE § 2665 (7) Establishment of a national data base with data organized by State concerning the location and amounts of radon. (8) Development and demonstration of meth- ods 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 des- ignated by the Administrator) may provide technical assistance to such State in develop- ment 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 in- formation and education programs. (3) Design and implementation of State pro- grams 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 fa- cilities. (c) Information provided to professional organi- zations The Administrator, or another Federal depart- ment or agency designated by the Adminis- trator, shall provide appropriate information concerning technology and methods of radon as- sessment and mitigation to professional organi- zations representing private firms involved in building design, engineering, and construction. (d) Proficiency rating program and training sem- inar (1) Authorization There is authorized to be appropriated not more than $1,500,000 for the purposes of ini- tially establishing the proficiency rating pro- gram under subsection (a)(2) and the training seminars under subsection (a)(3). (2) Charge imposed To cover the operating costs of such pro- ficiency rating program and training semi- nars, the Administrator shall impose on per- sons applying for a proficiency rating and on private and professional firms participating in training seminars such charges as may be nec- essary 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 spe- cial account in the Treasury. Amounts in the special account are authorized to be appro- priated only for purposes of administering such proficiency rating program or training seminars or for reimbursement of funds appro- priated to the Administrator to initially es- tablish 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 suc- cessful 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 oper- ating 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 measure- ment 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 em- ploying a technique, used in connection with a service offered to the public for the meas- urement 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 measure- ment of radon which does not meet min- imum performance criteria; and (iii) establishing adequate quality assur- ance requirements for each company offer- ing radon measurement services to the pub- lic to follow. The study shall identify enforcement mecha- nisms 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 col- 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