§ 2665. — Technical assistance to States for radon programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2665]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER III--INDOOR RADON ABATEMENT
Sec. 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.
(Pub. L. 94-469, title III, Sec. 305, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2756; amended Pub. L. 101-508, title
X, Sec. 10202, Nov. 5, 1990, 104 Stat. 1388-393; Pub. L. 104-66, title
II, Sec. 2021(l), Dec. 21, 1995, 109 Stat. 728.)
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
submit to Congress a plan identifying assistance to be provided under
this section and outlining personnel and financial resources necessary
to implement this section. Prior to submission to Congress, this plan
shall be reviewed by the advisory groups provided for in section 403(c)
of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.
7401 note).''
1990--Subsec. (e)(5) to (7). Pub. L. 101-508 added pars. (5) to (7).
Section Referred to in Other Sections
This section is referred to in section 2666 of this title; title 42
section 4370c.
