AARST_Radon_Reporter_July_2023

HUD’s department wide policy should be consistent with HUD’s multifamily lending programs and require the ANSI/AARST standards exclusively. They are the only US radon standards that are subject to active continuous maintenance and accountable for compliance with ANSI procedures for openness, lack of dominance, balance, coordination and harmonization, notification of standards development, consideration of views and objections, consensus votes and appeals. Most regulatory states, both EPA-recognized national proficiency programs, the International Code Council’s green building code, and other bodies require adherence to the EPA-recommended voluntary consensus standards. The National Technology and Transfer of Information Act (NTTIA) at 15 USC 272 requires that federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies. HUD has the capacity and duty to comply with this federal policy on consensus standards. HUD has not sought or obtained a waiver from the Office of Management and Budget that would permit HUD to develop or adopt substandard techniques or methods of measuring (or mitigating radon). OMB would be unlikely to grant that waiver given the existence of standards that meet the NTTIA and are recommended by the leading federal agency tasked with oversight of radon and related technology. Qualified Professionals. The Indoor Radon Abatement Act (IRAA), which is a significant federal statute relevant to radon, directed EPA at 15 USC 2665(a)(2) to operate a voluntary proficiency program: “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” After implementing the program, EPA ceased operating it, and in 2001 recognized two private radon certification programs, the National Radon Proficiency Program (NRPP) and the National Radon Safety Board (NRSB) to carry out nationwide proficiency functions. EPA also recognizes state credentialing programs. Combined, these programs implement Congressional intent regarding indoor radon and deliver the only nationwide framework for qualifications to perform radon services. EPA has recently issued a notice at 88 FR 17215 to describe its intended criteria to recognize private and state radon proficiency programs in the future. HUD policy should not sidestep this infrastructure, but instead should unequivocally and consistently require use of “qualified professionals” i.e., persons with state radon licenses or certification and persons certified by the NRPP and/or NRSB. Low-income families should not be subjected to incompetent work, like testing for radon improperly and missing high radon levels or digging around in a basement to release high levels of radon into a home. HUD should insist that programs deploy or use personnel who have the relevant education, training, and experience to conduct radon measurement or mitigation. AARST and others would be pleased to assist HUD in providing housing authorities, local governments, and other responsible parties with technical assistance regarding how to create and maintain in-house capacity for qualified professionals. Alternative Testing Strategies. It is unclear what would be the meaning of “Where radon testing is not feasible.” These strategies are not protective of public health and fail to meet the requirement of 24 CFR 58.5(i)(2)(iv) to use current techniques by qualified professionals to undertake investigations. 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. In those jurisdictions, what HUD allows as alternative strategies will conflict with applicable law. Do-it-yourself Radon Test Kits. This strategy is not protective of public health and fails to meet the POLICY training@spruce.com | 800-767-3703 NEW COURSES! ENTRY LEVEL & CE HIGHER KNOWLEDGE LOWER COURSE FEES