1. 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

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

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

4. 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

5. Legislation in Illinois

6. 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

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

8. 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

9. 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

10. 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.

11. Real Property Disclosure Act
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, Illinois regulations implementing this Act, 32 IL. Adm. Code 422, Licensing of Radon Detection and Mitigation Services (the Radon Rule) became effective June 1, 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.

12. Radon Awareness Act
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.

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

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

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

16. 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.

17. 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

18. 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

19. 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.

20. 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.

21. 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.

22. 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.

23. 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).

24. Patrick I Daniels / Radon Program Manager
Contact Information
Patrick I Daniels / Radon Program Manager
Bureau of Radiation Safety Illinois Emergency Management Agency
Illinois Emergency Management Agency