AARST_Radon_Reporter_July_2023

THE RADON REPORTER | 25 POLICY Excerpts: AARST's Comments to HUD Regarding HUD Notice CPD-21-136 “Departmental Policy for Addressing Radon in the Environmental Review Process” submitted electronically 4-14-23 at www.regulations.gov Docket No. FR-6358-N-01 AARST commends HUD for its decision to formally recognize the need for a department-wide radon policy and acknowledge that properties used in HUD programs must be evaluated for radon to ensure that occupant health and safety are not adversely affected. The decision is consistent with the conclusion of the Inspector General Report of April 8, 2021, OIG 2020-OE-0003, HUD Program Offices’ Policies and Approaches for Radon (OIG report) that HUD policy must “ensure that residents in HUD- assisted housing receive consistent and sufficient protection from the hazardous health effects of radon exposure.” The notice specifically invites responses to two questions: What specific guidance would a HUD grantee or interested member of the public need to successfully identify and mitigate radon? HUD grantees should ensure the use of “current techniques by qualified professionals” as required by 24 CFR 58.5(i)(2)(iv). Contracting with one of the thousands of professionals already credentialed by an EPA- recognized proficiency program such as NRPP or state agency, all of which require adherence to legitimate consensus standards, is one option. Another option is to build in-house capacity by getting staff properly trained and credentialed by an EPA-recognized proficiency program or state agency. HUD grantees should not take the public health risk and incur the potential legal liability of having unqualified persons using substandard methods to identify or mitigate radon. Interested members of the public - everyone who owns or rents their own home – should be encouraged to get that home tested for radon. Testing is the only way to know if the radon level is above or below the EPA action level of four picocuries per liter of air (4 pCi/l). Radon professionals are available to provide measurement and if needed mitigation. A low- cost do-it-yourself test kit can be used to screen a home, but it is important to have a qualified radon professional perform another test to confirm the result. What concerns do you have about implementation of the proposed radon policy? Notice Incomplete. The notice should clarify in the opening paragraphs that existing HUD program policies that support testing and mitigations are not pre-empted by the policy. Ambiguous Language Regarding Testing. It is suggested in the draft that “As radon is a radioactive substance, HUD or the responsible entity (RE) must “consider it” as part of the site contamination analysis.” “Consider,” which is used elsewhere in the draft, falls far short of the requirement in the regulation at 24 CFR 58.5(i)(2)(i) and (ii) 4 [i]t is HUD’s policy that all properties that are being proposed for use in HUD programs be free of hazardous materials, contamination, toxic chemicals and gases, and radioactive substances, where a hazard could affect the health and safety of occupants or conflict with the intended utilization of the property. The environmental review of multifamily housing... must include the evaluation of ...other evidence of contamination on or near the site, to ensure that occupants of proposed sites are not adversely affected by any of the hazards listed in paragraph (i) (2)(i) of this section. Current Methods and Qualified Professionals Are Required by HUD Regulation. HUD programs are subject to the provisions of 24 CFR 50 or 24 CFR Part 58 regulations which are not ambiguous about requiring action. Indeed, the HUD environmental standards at 24 CFR 58.5(i)(2)(iv) require the use of both current techniques and qualified professionals for testing: “(iv) The responsible entity shall use current techniques by qualified professionals to undertake investigations determined necessary.” Adherence to Standards Should Be Required, Not Just A Best Practice. It is acknowledged that the policy recommends the American National Standards Institute/American Association of Radon Scientists and Technologists (ANSI/AARST) radon testing standards for single- and multi- family buildings, schools, and large buildings. This section of the policy neglects to make clear that the laws and or regulations in 20 states, covering 48% of the US population, require that radon work be performed in compliance with established standards. continued on page 26