Proposed Radiological Health Rulemaking Public Webinar May 31, 2017 Bob Lewis Radiation Control Division Chief Bureau of Radiation Protection Patrick McDonnell, Secretary Tom Wolf, Governor

DEP/BRP Radon Division Keith Salador, Assistant Counsel Kelley Oberdick, Radon Certification Section Chief Denise Bleiler, Radon Monitoring Section Chief Bob Lewis, Radon Division Chief Previously results from the lab could only be reported to the owner or occupier of the building tested.

Regulations Open for Public Comment Comment period: May 13, 2017 to June 26, 2017 Options for public comment: DEP’s eComment site, http://www.ahs.dep.pa.gov/eComment Written comments mailed or e-mailed to DEP Previously results from the lab could only be reported to the owner or occupier of the building tested.

DEP/BRP Radon Division Changes to Radon Certification Exemptions § 240.2 (5) Under Purveying added: Test results may also be reported to the certified mitigator who installed a mitigation system at the property. Purveying does not include the activities of either placing or retrieving radon test devices. Previously results from the lab could only be reported to the owner or occupier of the building tested.

DEP/BRP Radon Division Changes to Radon Certification Exemptions § 240.2(6) Exceptions from certification For local government or school personnel if the following exist: The practice is limited to their official duties and no fee is charged All testing is performed using passive secondary devices Must have taken a school/large building course Have a Department approved QA plan Test only buildings owned or occupied by local gov’t or school

DEP/BRP Radon Division Changes to Certification Exemptions (cont’d) Applications in general Any change to one’s certification must be submitted to the Department in writing. The change does not take effect until the Department provides written approval of the change.

DEP/BRP Radon Division Certification Requirements for both Testing and Mitigation Firms The firm may list only five employees at one time. This is a major change. This is not a interference in business activities, it is a means for the responsible individual to maintain oversight of the firm employees. This however, does not preclude the company from adding a new firm to their company to add additional employees if necessary.

DEP/BRP Radon Division § 240.102 Prerequisites for Radon Testing Individual Certification Removed the one year radon measurement experience requirement. Thought it most unlikely that one could get the prior one year experience.

DEP/BRP Radon Division DEP/BRP Radon Division § 240.302 Required client information Notice to Clients. Slight change to the wording. Be sure to incorporate the new language in your documentation. The notice shall read substantially as follows: …

DEP/BRP Radon Division § 240.303 Reporting of Information Retain test, laboratory, or mitigation reported activity for 5 years.

DEP/BRP Radon Division DEP/BRP Radon Division § 240.303 Reporting of Information, cont. Do not report: Invalid data Diagnostics testing QA data

DEP/BRP Radon Division DEP/BRP Radon Division § 240.303 (3) Reporting to Clients The tester or lab report shall be provided to the client within 10 days after testing or lab analysis. This used to be 45 days.

DEP/BRP Radon Division § 240.305 Health and Safety program Mitigator shall retain worker exposure records for 5 years. Testers not required to track worker exposure. 4 WLM/yr is still the exposure limit for radon progeny.

DEP/BRP Radon Division § 240.308 Radon Mitigation Standards To codify the current PA RMS. This section has only what we considered the most important parts of PA RMS in regulation.

DEP/BRP Radon Division § 240.309 Testing Protocols Codifies four current radon testing protocols: EPA Protocols for Radon and Radon Decay Product Measurements in Homes. Indoor Radon and Radon Decay Product Measurement Device Protocols. EPA Radon Measurement in Schools. ANSI/AARST Protocol for conducting Radon and Radon Decay Product Measurements in Multifamily Buildings. Yes, we did not use the newer AARST radon testing protocol or the latest AARST Schools protocols. We are not codifying the actual documents but the contents in general from the documents. For instance min. 48 hour msmt., closed-house conditions, etc. Schools document and the ANSI/AARST Multifamily are referenced in full.

DEP/BRP Radon Division § 240.309 Testing Protocols (cont’d) Tester shall have a Department approved report form. Tester shall provide the client the test results within 10 working days from the completion of the test. .

DEP/BRP Radon Division § 240.601 Quality Assurance Requirements Codifies QA requirements for testers and laboratory analysis.

DEP/BRP Radon Division § 240.602 General QA Requirements The certified individual is responsible for all QA requirements. QA records shall be maintained for 5 years. Others can perform or help with the QA activities but the certified individual is ultimately responsible.

DEP/BRP Radon Division § 240.604 QA Requirements for testing using primary devices. Continuous radon monitors, continuous working level monitors, electret ion chambers. Removed the requirement to do a cross-check every six months. This section just specifies the individual requirements for each device such as calibration, background msmts., check sources, intercomparison msmts., etc. Intercomparisons still required every 10th test

DEP/BRP Radon Division § 240.605 QA Requirements for testing using secondary devices. Secondary devices could be CRM’s, EIC’s, AC, LS, ATD. Mentions specific requirements, logging requirements, and control charts/limits. No longer require minimum of 3 spikes when no testing activity. Secondary for CRM’s would be only for those that one is placing and retrieving only, such as Radalink.

DEP/BRP Radon Division § 240.606 QA Requirements for Labs AC, CRM, ATD, EIC, LS Specifies the QA requirements for each device, the frequency of the QA activity, logging QA data, and control charts/limits.

DEP/BRP Radon Division Appendix B Non-interference Agreement for Real Estate Radon Testing Specifies the building conditions necessary to ensure a valid radon test during a real estate transaction Normal operation of HVAC, closed house conditions, ASD system on during test, etc. If no one is there to sign the form make sure you document this.

DEP/BRP Radon Division Appendix C, Radon Exposure Tracking Record Provides a form for tracking exposure under 240.305 (Health and Safety Program). Helps to assure that exposure does not exceed exposure limit (4 WLM/yr). Applies to mitigators only. Exposure tracking now only required for mitigators.

DEP/BRP Radon Division Finally, What’s not covered. Radon Resistant New Construction. Radon in Water.

Robert Lewis, 717 783-9485 or rolewis@pa.gov www.dep.pa.gov