§ 2666. — Grant 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: 15USC2666]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER III--INDOOR RADON ABATEMENT
Sec. 2666. Grant assistance to States for radon programs
(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 conditions
as the Administrator considers appropriate, under this section to the
State for the purpose of assisting the State in the development 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 information as the Administrator shall require,
including each of the following:
(1) A description of the seriousness and extent 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
description of the roles and responsibilities of any municipal,
district, or areawide organization involved in radon programs.
(3) A description of the activities and programs related to
radon which the State proposes 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 anticipated
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 buildings (such as, among others,
public buildings, school buildings, high-risk residential
construction types).
(2) Development of public information and educational materials
concerning radon assessment, mitigation, and control programs.
(3) Implementation of programs to control radon in existing and
new structures.
(4) Purchase by the State of radon measurement 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 Protection Agency-approved
training programs related to radon for permanent State or local
employees.
(7) Payment of general overhead and program administration
costs.
(8) Development of a data storage and management 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 Protection Agency Home
Evaluation Program.
(10) A toll-free radon hotline to provide information and
technical assistance.
(d) Preference to certain States
Beginning in fiscal year 1991, the Administrator shall give a
preference for grant assistance under this section to States that have
made reasonable efforts to ensure the adoption, by the authorities which
regulate building construction within that State or political
subdivisions within States, of the model construction standards and
techniques for new buildings developed under section 2664 of this title.
(e) Priority activities and projects
The Administrator shall support eligible activities 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 Administrator shall give priority to activities or
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 innovative 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 Administrator deems
necessary to promote the goals of the grant program and that the
Administrator provides to States before the application process.
(f) Federal share
The Federal share of the cost of radon program activities
implemented with Federal assistance 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
percent 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
provided 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
activities eligible for assistance under paragraphs (2), (3), and (6) of
subsection (c) of this section.
(h) Information
(1) The Administrator may request such information, data, and
reports developed by the State as he considers necessary to make the
determination of continuing eligibility under this section.
(2) Any State receiving funds under this section shall provide to
the Administrator all radon-related information generated in its
activities, including the results of radon surveys, mitigation
demonstration projects, and risk communication studies.
(3) Any State receiving funds under this section 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 proficiency 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 assumes
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) of this section shall not in the aggregate 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-income persons.
(3) The costs of general overhead and program administration under
subsection (c)(7) of this section 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
demonstration 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
necessary 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 subsection 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, Sec. 306, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2758.)
Section Referred to in Other Sections
This section is referred to in section 2665 of this title.
