Title 15Commerce and TradeRelease 119-73

§2665 Technical assistance to States for radon programs

Title 15 › Chapter CHAPTER 53— - TOXIC SUBSTANCES CONTROL › Subchapter SUBCHAPTER III— - INDOOR RADON ABATEMENT › § 2665

Last updated Apr 6, 2026|Official source

Summary

The EPA (or another federal agency it chooses) must help States run radon programs. It must set up a radon information clearinghouse, run a voluntary program to rate radon measuring and mitigation devices and the people or firms that sell those services (this rating program had to be running within one year after October 28, 1988), offer training seminars, publish public health materials, run cooperative projects with States (including a Home Evaluation Program that should, when possible, test and show fixes in low-income homes), demonstrate mitigation methods in different building types and places (again prioritizing low-income homes when practical), build a national State-by-State radon database, and develop special measurement and mitigation methods for nonresidential buildings that house child care facilities. The EPA must also give technical help to States on surveys, public education, state program design, unusual buildings, and child care buildings, and give technical information to professional building organizations. Up to $1,500,000 may be appropriated to start the rating program and training. The EPA may charge people and private firms who apply for ratings or attend training to cover operating costs, but it may not charge State or local governments. Charges go into a special Treasury account to run the program or repay start-up money. For the first three years, the EPA should try to collect extra funds to repay the Treasury. The EPA must do research with other agencies on radon measurement methods and issue guidance and model programs. It must study whether a mandatory proficiency testing program is feasible, including recall or stop-sale rules and quality rules. The EPA will also collect $1,500,000 in user fees each year for fiscal years 1991–1995 to pay for that research. Finally, up to $3,000,000 may be appropriated for each of fiscal years 1989–1991 for related radon activities, but those funds cannot be used to run a grant program or to pay for the proficiency rating program.

Full Legal Text

Title 15, §2665

Commerce and Trade — Source: USLM XML via OLRC

(a)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)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)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)(1)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) and the training seminars under subsection (a)(3).
(2)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)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)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)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)(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.
(7)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)(1)There is authorized to be appropriated for the purposes of carrying out section 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).

Legislative History

Notes & Related Subsidiaries

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 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).

Reference

Citations & Metadata

Citation

15 U.S.C. § 2665

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73