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1 This space for use by IRRC (1) Agency n,_. ^ _,,, _ ^ Department of Environmental Protection 7P«, _ rn c,..,, # ^ (2) I.D. Number (Governor's Office Use) REvii < % IRRC Number: H/g J (3) Short Title Radon Certification - Amendment to Continuing Education Requirements (4) PA Code Cite (5) Agency Contacts & Telephone Numbers 25 Pa. Code Chapter 24 ^ ^ Contact: Sharon Trostle ' 783 " 133 Secondary Contact: Barbara Sexton, (6) Type of Rulemaking (Check One) (7) Is a 12-Day Emergency Certification Attached? ^_Proposed Rulemaking X_ No X Final Order Adopting Regulation Yes: By the Attorney General Final Order, Proposed Rulemaking Omitted Yes: By the Governor (8) Briefly explain the regulation in clear and nontechnical language. The rulemaking is an amendment to the existing 25 Pa, Code Chapter 24 to modify requirements in Section relating to continuing education for persons certified to perform radon-related work in Pennsylvania. Currently the regulation requires that a certified person conducting radon-related work in Pennsylvania will participate in a continuing education program consisting of a minimum of 16 hours of Department-approved courses or seminars on radon testing or mitigation each year. This amendment would reduce the continuing education requirement to a minimum of 8 hours each year. (9) State the statutory authority for the regulation and any relevant state or federal court decisions. Section 13 of the Pennsylvania Radon Certification Act, the act of July 9, 1987 (PL. (1987) 238, No. 43) (63 PS. 213) and Section 192-A of the Administrative Code of 1929 (71 P.S. 51.2). Page 1 of8

2 (1) Is the regulation mandated by any federal or state law or court order, or federal regulation?' If yes, cite the specific law, case or regulation, and any deadlines for action. (11) Explain the compelling public interest that justifies the regulation. What is the problem it addresses? The Department is responsible for maintaining a certification program for persons conducting racjonrelated work in Pennsylvania, and a component of that certification program is a continuing education program. (Ref: 25 Pa Code ) The current requirement in Chapter 24 of a minimum of 16 hours of continuing education each year was established in the late 198's, in the infancy of the radon program, when guidance on continuing education hours each year did not exist. National bodies including the National Environmental Health Association (NEHA) and the National Radon Safety Board (NRSB) have recently set a standard of a minimum of 8 hours of continuing education each year for persons conducting radon-related work. Likewise, the neighboring states of New Jersey and Ohio have active radon certification programs, and require a minimum of 8 hours: of continuing education each year. This regulation would reduce from a minimum of 16 hours each year to 8 hours each year the number of continuing education hours persons performing radon-related activities in Pennsylvania would be required to complete. (12) State the public health, safety, environmental or general welfare risks associated with nonregulation. Radon is a colorless, odorless, radioactive gas that seeps into buildings through the foundation frpm surrounding rocks and soil. About 4% of the homes in Pennsylvania which have been tested for radon have shown levels above the threshold for remediation of 4 picocuries per liter of radon in ^iir. Radon is a proven carcinogen. In the Radon Certification Act (PL. (1987) 238, No. 43) Section 2, the General Assembly found and declared that, "Radon levels in public and private buildings can present a significant health risk to the occupants". The Department believes that a continuing education program for certified persons performing radon related work in Pennsylvania should be maintained, with a requirement of a minimum of 8 hours of continuing education each year. (13) Describe who will benefit from the regulation. (Quantify the benefits as completely as possible and approximate the number of people who will benefit.) This regulation will benefit approximately 2 certified radon laboratory, testing, and mitigation persons who take continuing education courses to fulfill the requirements of Section By reducing the minimum number of required continuing education hours from 16 hours each year to 8 hours each year, the estimated savings per certified person per year is expected to be $15. Thus the total savings to the community of certified radon laboratory, testing, and mitigation persons is estimated to be approximately $ per year. Page 2 of8

3 (14) Describe who will be adversely affected by the regulation. (Quantify the adverse effect as completely as possible and approximate the number of people who will be adversely affected.) Fourteen course providers currently offer approved continuing education courses for Pennsylvania radon laboratory, testing, and mitigation persons. Six of these course providers are in Pennsylvania, with the remaining 8 being out-of-state. About 7% percent of the radon continuing education courses taken by certified persons in Pennsylvania are from continuing education course providers in Pennsylvania. Reducing the minimum number of continuing education hours required from 16 each year to 8 each year would reduce the demand for continuing education courses by a corresponding amount. Representatives from the course providers were included in the Radon Regulatory Workshops (see Section 16 below). The course providers represented in the workshops supported the reduction in continuing education hours. (15) List the persons, groups or entities that will be required to comply with the regulation. (Approximate the number of people who will be required to comply.) Approximately 2 certified radon laboratory, testing, and mitigation persons who take continuing education courses to fulfill the requirements of 25 Pa Code will be required to comply with this regulation. (16) Describe the communications with and input from the public in the development and drafting of the regulation. List the persons and/or groups who where involved, if applicable. A series of eight Radon Regulatory Workshops were held in 1996 to consider various issues with Chapter 24. The participants in these workshops included members of the radon laboratory, testing, and mitigation community, radon continuing education course providers, and public health organizations with an interest in the radon issue. At that time, the workshop participants recommended that the minimum continuing education requirement for certified persons performing radon-related work in Pennsylvania be reduced from 16 hours each year to 8 hours each year. The participants believed that the 16-hour minimum requirement was unnecessarily burdensome. In February 2, staff from DSP's Radon Division surveyed the workshop participants to confirm their views on this amendment. The results of this survey indicated that participants continued to support this reduction m No comments or questions were received from the public, the IRRC or the Standing Committees on the proposed rulemaking, and the text of thefinalrulemaking submission is identical to the text of the proposed rulemaking. The Radon Regulatory Workshop participants were contacted in Septemeber 2, and briefed that no comments or questions had been submitted on the proposed rulemaking, and that it was being submitted forfinalaction. The Radon Regulatory Workshop participants continue to support the rulemaking. (17) Provide a specific estimate of the costs and/or savings to the regulated community associated with compliance, including any legal, accounting or consulting procedures which may be required. The regulation will result in no additional costs to the regulated community. The regulation will result in savings to the regulated community. Approximately 2 certified radon laboratory, testing, and mitigation persons who take continuing education each year to fulfill the requirement of 25 Pa, Code would be affected by this regulation. By reducing the minimum number of required continuing education hours from 16 hours each year to 8 hours each year, the estimated savings per certified person per year is expected to be $15. Thus, the total savings to the radon certified community is estimated to be about $ per year. Page 3 of8

4 Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll (l^provideaspecificestimateofthecos implementation ofthe regulations including any legal^ accounting or consulting procedur^^ herequired^ The regulation will result in no increase costs or cost savings to state gove^ment Page^of^

5 (2) In the table below, provide an estimate of thefiscalsavings and cost associated with implementation and compliance for the regulated community, local government, and state government for the current year and five subsequent years. Current FY Year Year Year Year SAVINGS: Regulated Community Local Government State Government Total Savings COSTS: Regulated Community Local Government State Government Total Costs REVENUE LOSSES: Regulated Community Local Government State Government Total Revenue Losses (2a) Explain how the cost estimates listed above were derived. $ $ $ $ $ $ Approximately 2 certified radon laboratory, testing, and mitigation persons take continuing education courses each year to fulfill the requirements of Chapter 24, Section By reducing the minimum number of required hours of continuing education from 16 hours each year to 8 hours each year, the estimated savings per certified person per year is expected to be $15. Thus, the total savings to the regulated community of certified radon laboratory, testing, and mitigation persons is estimated to be about $ per year. Page 5 of8

6 (2b) Provide the past three year expenditure history for programs affected by the regulation. None Program FY-3 FY-2 FY-1 Current FY (21) Using the cost-benefit information provided above, explain how the benefits of the regulation outweigh the adverse effects and costs. There are no adverse effects or costs associated with this regulation. (22) Describe the nonregulatory alternatives considered and the costs associated with those alternatives. Provide the reasons for their dismissal. There are no feasible nonregulatory alternatives to this regulation. (23) Describe alternative regulatory schemes considered and the costs associated with those schemes. Provide the reasons for their dismissal. There are no feasible alternative regulatory schemes to this regulation. Page 6 of8

7 (24) Are there any provisions that are more stringent than federal standards? If yes, identify the specific provisions and the compelling Pennsylvania interest that demands stronger regulation. No, (No federal standards exist in this area.) (25) How does the regulation compare with those of other states? Will the regulation put Pennsylvania at a competitive disadvantage with other states? One purpose of this regulation is to have Pennsylvania's requirement for continuing education conform with the requirement of neighboring states with active radon certification programs. New Jersey and Ohio both have active radon certification programs, and both require a minimum of 8 hours of continuing education each year by certified persons performing radon-related work in those states. This regulation will not put Pennsylvania at a competitive disadvantage with other states. (26) Will the regulation affect existing or proposed regulations of the promulgating agency or other state agencies? If yes, explain and provide specific citations. (27) Will any public hearings or informational meetings be scheduled? Please provide the dates, times, and locations, if available. No public hearings or informational meetings were held. No comments were received from the public during the 3-day public comment period, which ran from July 22, 2 to August 21, 2. Page 7 of 8

8 (29) Please list any special provisions which have been developed to meet the particular needs of affected groups or persons including, but not limited to, minorities, elderly, small businesses, and farmers. Nearly all radon service providers in Pennsylvania are small businesses. By reducing the minimum number of required continuing education hours each year from 16 to 8, relief will be provided to these small business from a requirement that is currently unnecessarily burdensome. (3) What is the anticipated effective date of the regulation; the date by which compliance with the regulation will be required; and the date by which any required permits, licenses or other approvals must be obtained? The anticipated effective date of this regulation is March 1, 21, (31) Provide the schedule for continual review of the regulation. This regulation will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulation effectively fulfills the goals for which it is intended. Page 8 of8

9 UL-1 FACE SHEET FOR FIUNG DOCUMENTS WITH THE LEGISLATIVE REFERENCE BUREAU (Pursuant to Commonwealth Documents Law) n r r% ^r?', - n?q! FEE -6.7,11:3 REVIEW oorwubblcsi tor below is hereby approved *s to and legality. Attorney General M>M Copy below is hereby certified to be a true and correct copy of a document issued, prescribed or promulgated by: DEPARTMENT OF ENVIRONMENTAL PROTECTION ENVIRONMENTAL QUALITY BOARD NOT WttTE * THtt SPACE is hereby approved as to *3EfUTY ATlQRHtX CCftCRAU BATE Of APPROVAL leckifapprcable opy not approved. Objections OOOlMEMT/flSCAL MOTE NO. 7~351 JAMES M. SEIF, CHAIRMAN (EXECUTIVE OFFICER. OMlflMAM * SECAETMY) till/of OAfE OF ^APPMOVAl (Deputy General Counsel) (Strike inapplicable title) Q Check if applicable. No Attorney General approval or objection within 3 days after submission. ORDER ADOPTING REGULATIONS DEPARTMENT OF ENVIRONMENTAL PROTECTION ENVIRONMENTAL QUALITY BOARD RADON CERTIFICATION AMENDMENT TO CONTINUING EDUCATION REQUIREMENTS 25 Pa. Code, Chapter 24

10 Notice of Final Rulemaki ng Department of Environmental Protection Environmental Quality Board (25 Pa. Code Chapter 24) (Radon Certification) The Environmental Quality Board (Board) by this order amends 25 Pa, Code, Chapter 24 (relating to radon certification). The amendment is being proposed to modify the requirements for a continuing education program by certified persons performing radon-related work in Pennsylvania outlined at (relating to continuing education program) as set forth in Annex A. This order was adopted by the Board at its meeting of January 16, 21. A. Effective Date This amendment will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking. B. Contact Person For further information contact Michael A. Pyles, Chief, Division of Radon, P.O. Box 8469, Rachel Carson State Office Building, Harrisburg, PA , (717) ; or Marylou Barton, Assistant Counsel, Bureau of Regulatory Counsel, P.O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA, , (717) Persons with a disability may use the AT&T Relay Service by calling (TDD users) or (voice users). This proposal is available electronically through the DEP Web site ( C, Statutory Authority The final rulemaking is being made under the authority of Section 13 of the Pennsylvania Radon Certification Act, the act of July 9, 1987 (PL. (1987) 238, No. 43) (63 P.S. Section 213), and Section 192-A of the Administrative Code of 1929 (71 PS. Section 51.2).

11 D. Background of the Amendment The Department is responsible for maintaining a certification program for persons conducting radon-related work in Pennsylvania, and a component of that certification program is a continuing education program. Currently the regulation requires that a certified person conducting radon-related activities in Pennsylvania will participate in a continuing education program consisting of a minimum of 16 hours of Departmentapproved courses or seminars on radon testing or mitigation each year. This amendment will reduce this minimum continuing education requirement to 8 hours each year. The purpose of this reduction in the required number of continuing education hours is to conform Pennsylvania's regulations with the recommendations of national bodies which set standards in this area, as well as with the requirements for continuing education in neighboring states with active radon certification programs, and provide relief to the Pennsylvania radon regulated community from a regulation that is unnecessarily burdensome. The National Environmental Health Association (NEHA), and the National Radon Safety Board (NRSB), both of which have standards for continuing education by persons conducting radon-related activities, recommend a minimum of 8 hours of continuing education each year. Likewise, the neighboring states of New Jersey and Ohio have active radon certification programs, and require a minimum of 8 hours of continuing education each year. The Pennsylvania radon regulated community participated in a series of eight Radon Regulatory Workshops in At that time, the regulated community and members of organizations involved with the radon issue represented at these workshops recommended that the minimum continuing education requirement for certified persons performing radon-related work in Pennsylvania be reduced from 16 hours each year to 8 hours each year. The participants believed that the 16-hour minimum requirement was unnecessarily burdensome. In February 2, staff from DBFs Radon Division surveyed the workshop participants to confirm their views on this amendment. The results of this survey indicated that participants continued to support this reduction of hours. No comments or questions were received from the public, the Independent Regulatory Review Commission or the Standing Committees on the proposed rulemaking. As a result, the text of thefinalrulemaking submission is identical to the text of the proposed rulemaking. The Radon Regulatory Workshop participants were notified in September 2 that no comments or questions had been submitted on the proposed rulemaking and they continue to support the rulemaking.

12 E. Benefits. Costs and Compliance Executive Order requires a cost/benefit analysis of thefinalregulation. Benefits Thisfinalrulemaking would benefit about 2 certified radon laboratory, testing, and mitigation persons who take continuing education courses to fulfill the requirements of 25 Pa. Code By reducing the minimum number of required continuing education hours from 16 hours each year to 8 hours each year, the estimated savings per certified person per year is expected to be $15. Thus, the total savings to the community of certified radon laboratory, testing, and mitigation persons is estimated to be about $ per year. There are no additional costs to the Commonwealth, its citizens or regulated community associated with this regulation. Compliance Costs The regulation is not expected to impose any additional compliance costs on the regulated community. F. Sunset Review This regulation will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulation effectively fulfills the goals for which it was intended. G. Regulatory Review Under Section 5(a) of the Regulatory Review Act (71 P.S (a)), on July 11, 2, the Department submitted a copy of the notice of proposed rulemaking, published at 3 Pa.B. 3661, July 22, 2, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment. There were no comments received from the IRRC, the Committees, or the public. Under section 5.1(d) of the Regulatory Review Act (71 P.S a(d)), on, thesefinal-formregulations were deemed approved by the House and Senate Committees. Under section 5. l(e) of the Regulatory Review Act, IRRC met on, and approved thefinal-formregulations.

13 H. Findings of the Board The Board finds that: (1) Public notice of proposed rulemaking was given under sections 21 and 22 of the act of July 31, 1968 (P.L. 769, No. 24) (45 P.S. 121 and 122) and regulations promulgated thereunder at 1 Pennsylvania Code 7.1 and 7.2. (2) A public comment period was provided as required by law, and all comments were considered. (3) These regulations do not enlarge the purpose of the proposal published at 3 Pennsylvania Bulletin 3661, July 22, 2. (4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this order. I. Order of the Board The Board, acting under the authorizing statutes, orders that: (a) (b) (c) (d) (e) The regulations of the Department of Environmental Protection, 25 Pennsylvania Code, Chapter 24, are amended by amending Section to read as set forth in Annex A, with ellipses referring to the existing text of the regulations. The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review as to legality and form, as required by law. The Chairperson shall submit this order and Annex A to the Independent Regulatory Review Commission and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act. The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law. This order shall take effect immediately. BY: JAMES M. SEIF Chairman Environmental Quality Board

14 ANNEX A CHAPTER 24. RADON CERTIFICATION Continuing education program, A person conducting radon-related activities shall have a radon education program to assure that the applicant and all employes have a minimum of 4 hours initial traininga_and the certified person [will] SHALL participate in a continuing education program consisting of a minimum of [16] 8 hours of Department-approved courses or seminars on radon testing or mitigation each year.

15 Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 263 Harrisburg, PA February 6, 21 The Secretary Mr. Robert E. Nyce Executive Director Independent Regulatory Review Commission 14th Floor, Harristown II Harrisburg, PA 1711 RE: Final Rulemaking: Amendment to Radon Certification Continuing Education Requirements (#7-351) Dear Bob: Pursuant to Section 5.1 (a) of the Regulatory Review Act, enclosed is a copy of a final-form regulation for review by the Commission. This final rulemaking was approved by the Environmental Quality Board (EQB) on January 16, 21. This final rulemaking reduces the number of continuing education hours required for certified persons who perform radon-related activities in Pennsylvania from 16 to 8 hours. This reduction will conform Pennsylvania's regulations to those of neighboring states and to standards of the National Environmental Health Association (NEHA) and the National Radon Safety Board (NRSB). The proposed rulemaking was adopted by the EQB on June 2, 2, and published on July 22. There were no comments received during the 3-day public comment period, and no changes have been made at final rulemaking. The Department will provide the Commission with any assistance required to facilitate a thorough review of this final-form regulation. Section 5.1 (e) of the Act provides that the Commission shall, within ten days after the expiration of the committee review period, approve or disapprove the final-form regulation. For additional information, please contact Sharon Trostle, Regulatory Coordinator, at Sincerely, Enclosures James M. Seif Secretary An Equal Opportunity Employer Printed on Recycled Paper

16 TRANSMTTTAL SHEET FOR REGULATIONS SUBJECT TO THE REGULATORY REVIEW ACT ID. NUMBER: SUBJECT: Z^FED-G AnU:^ Radon Certification Amendment to Continuing Education Requirements AGENCY: DEPARTMENT OF ENVIRONMENTAL PROTECTION ^ Proposed Regulation TYPE OF REGULATION Final Regulation Final Regulation with Notice of Proposed Rulemaking Omitted 12-day Emergency Certification of the Attorney General 12-day Emergency Certification of the Governor Delivery of Tolled Regulation a. With Revisions Without Revisions FILING OF REGULATION SIGNATURE DESIGNATION HOUSE COMMITTEE ON ENVIRONMENTAL RESOURCES & ENERGY <SL»-DI \()W&K, a-tf-oi 9. SENATE COMMITTEE ON ENVIRONMENTAL RESOURCES & ENERGY INDEPENDENT REGULATORY REVIEW COMMISSION ATTORNEY GENERAL LEGISLATIVE REFERENCE BUREAU January 19,21