Illinois Radon Program Certification, Fees, and Regulations Illinois Emergency Management Agency Illinois Radon Program Certification, Fees, and Regulations Patrick I Daniels September 21, 2016 Illinois Emergency Management Agency

Illinois Radon Program Patrick Daniels Radon Program Manager Melinda Lewis Licensing Coordinator Vera Small Audit Coordinator

Illinois Statewide Results Average Indoor Radon Concentration by County The only way to tell how much radon a home has is to TEST.

Highest Radon Measurements City Result Peoria 1,307.0 Le Roy 442.5 Morrison 362.6 257.1 Mascoutah 196.6 Sterling 190.0 Channahon 178.9 Joliet 176.0 Minooka 162.0 Charleston 148.0

Legislation in Illinois

Radon Industry Licensing Act - 1998 Requires individuals providing radon measurement or mitigation services to be licensed. Requested legislation by Industry Professionals IEMA as lead agency 32 IL Administrative Code 422

Applying for a License www.radon.illinois.gov Illinois Approved Qualification Course Illinois License Exam Illinois Application Quality Assurance Program Guidance Worker Protection Program

Initial Application Fee $125 Annual Measurement Professional – $500 Licensing Fees Initial Application Fee $125 Annual Measurement Professional – $500 Annual Measurement Technician – $250 Annual Mitigation Professional – $500 Annual Mitigation Technician – $250 Annual Laboratory Analysis – $500 Mitigation System Tag - $50

Licensing Program Updates Measurement Professional – 200 Measurement Technician – 132 Mitigation Professional – 78 Mitigation Technician – 50 Laboratory Analysis – 22 Total Licensees – 482 (+30) 154 Total Licensees in 1998

Amendments to Regulations 32 Illinois Administrative Code 422 Regulations for Radon Service Providers Amendments to make the Illinois regulations as consistent as possible with AARST/ANSI Standards. Radon Program has requested to hold public meetings to receive stakeholder input prior to submission to the Joint Committee for Administrative Rules. Upstate – Chicago or Collar Counties Downstate – Springfield Both meetings include remote access.

Real Property Disclosure Act 14. ..... ..... ..... I am aware of unsafe concentrations of radon on the premises. Script: Illinois takes radon exposure seriously. In response to industry requests for more stringent regulations for radon measurement and mitigation, the former Illinois Department of Nuclear Safety (now the Illinois Emergency Management Agency) proposed The Radon Industry Licensing Act which was signed into law in July 1997 and became effective January 1, 1998. Illinois regulations implementing this Act, 32 IL. Adm. Code 422, Licensing of Radon Detection and Mitigation Services (the Radon Rule) became effective June 1, 1998. The Radon Industry Licensing Act is a consumer protection act requiring that individuals who provide radon measurement and mitigation services be licensed with the Illinois Emergency Management Agency. Occupants are exempt from the Act if testing their own residence. The Act does not require that radon testing be performed. There is no law requiring that a radon test be performed. However, the Illinois Residential Real Property Disclosure Act requires sellers to disclose known radon levels of 4.0 picocuries per liter of air (pCi/L) or more. The United States Environmental Protection Agency (USEPA) has designated 4.0 pCi/L as the Action Level, the level at which mitigation is recommended to reduce indoor radon levels.

Radon Awareness Act - 2008 Mandated disclosure of radon risks and measurement information by a seller to a buyer prior to the buyer making an offer to purchase a home.

Illinois School Code - 2010 Recommends all school facilities in Illinois have radon measurements performed once every 5 years.

Illinois Child Care Act - 2013 Requires daycares to test for radon once every 3 years.

Radon Resistant Construction Act - 2013 Mandates that all new homes built after June 1, 2013, must be built using techniques to reduce radon.

Audits and Inspections Audits – Measurement & Mitigation Professionals 6 months after licensed issued. Once each licensing period. Performed in the offices of the Agency. Complaints from the public (measurement) Inspections - Mitigations Complaints received from the public. Non-Conformance reported by licensee. Mitigation Systems as part of the Audit.

Measurement Audit Findings Quality Controls Crosschecks vs Duplicates Calibration Spikes Records Management Providing / Quality of Diagrams Rule Changes (Mitigation Tag Numbers) Vent Status / Weather Mitigation System

Mitigation Audit Findings Mitigation Tags Caulking and Sealing Above the Highest Eave Fail to Reduce the Radon Concentration Warranty (exceptions to section) ALARA – not mitigating entire footprint

Enforcement Actions are determined on a case by case basis. Enforcement or fines are used only as a tool obtain compliance with the regulations. Enforcement Actions are determined on a case by case basis. Generally, fines are based on twice the cost of doing the measurement or mitigation activity correctly.

Measurement Enforcement Audit Finding (2nd Audit) Un-Calibrated CRM. Agency found that a measurement licensee had failed to calibrate 16 CRM devices and that were used to perform 445 measurements. Initial recommended penalty was a $4,500 and the licensee would be required to offer each occupant a free radon measurement.

Measurement Enforcement The Agency and Licensee entered into a settlement agreement. Licensee required to send all CRM’s to Bowser-Morner for calibration and have the Correction Factor calculated for each device. That correction factor was applied to all 445 measurements and 23 were found to have changed the mitigation decision. Licensee had to send letters to each occupant.

Mitigation Enforcement Annual Reporting Review. Agency found that a mitigation licensee had failed to purchase 56 radon mitigation system tags from the Agency. Initial recommended penalty was a $9,900 and suspension of the license.

Mitigation Enforcement Licensee had to purchase the 56 tags. $50 fine for 2 tags missing in 2009 (no evidence of willfully avoiding the regulation). $100 fine for 43 tags missing (evidence of willfully avoiding the regulation). $500 fine for 11 tags missing after the Agency audited his records (continued to willfully avoid the regulation).

Patrick I Daniels / Radon Program Manager Contact Information Patrick I Daniels / Radon Program Manager Bureau of Radiation Safety Illinois Emergency Management Agency 217 782-1325 patrick.daniels@illinois.gov www.radon.illinois.gov www.ready.illinois.gov Illinois Emergency Management Agency