PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CH. 240]
Radon Certification; Continuing Education
[30 Pa.B. 3661] The Environmental Quality Board (Board) proposes to amend § 240.306 (relating to continuing education program). The amendment is being proposed to modify the requirements for a continuing education program by certified persons performing radon-related work in this Commonwealth outlined in § 240.306 to read as set forth in Annex A.
This proposal was adopted by the Board at its meeting of June 20, 2000.
A. Effective Date
This proposed 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 17105-8469, (717) 783-3594, or Marylou Barton, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA, 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposal appears in Section I of this Preamble. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TTD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection's (Department) Web site (http://www.dep.state.pa.us).
C. Statutory Authority
This proposed rulemaking is being made under the authority of section 13 of the Pennsylvania Radon Certification Act (63 P. S. § 2013) and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-21).
D. Background and Purpose
The Department is responsible for maintaining a certification program for persons conducting radon-related work in this Commonwealth, and a component of that certification program is a continuing education program. Currently § 240.306 requires that a certified person conducting radon-related activities in this Commonwealth 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. The proposed amendment would reduce this minimum continuing education requirement to 8 hours each year.
The purpose of this proposed reduction in the required number of continuing education hours is to conform this Commonwealth'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 radon regulated community of this Commonwealth 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 radon regulated community of this Commonwealth participated in a series of eight radon regulatory workshops in 1996. 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 this Commonwealth be reduced from 16 hours each year to 8 hours each year. The participants believed that the 16-hour minimum requirement is unnecessarily burdensome. In February 2000, staff from the Department's Radon Division surveyed the workshop participants to confirm their views on this amendment. The results of this survey indicate that participants continue to support this reduction of hours.
E. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed amendment.
Benefits
This proposed rulemaking would benefit about 200 certified radon laboratory, testing and mitigation persons who take continuing education courses to fulfill the requirements of § 240.306. 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 $150. Thus, the total savings to the community of certified radon laboratory, testing and mitigation persons is estimated to be about $30,000 per year.
Costs
There are no additional costs to the Commonwealth, its citizens or regulated community associated with this proposal.
Compliance Costs
The proposed amendment is not expected to impose any additional compliance costs on the regulated community.
F. Pollution Prevention
Not applicable.
G. 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.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 11, 2000, the Department submitted a copy of this proposed amendment to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees. In addition to submitting the proposed amendment, the Department has provided IRRC and the Committees with a detailed regulatory analysis form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendment, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by the portion of the proposed amendment to which an objection has been made. The Regulatory Review Act specifies detailed procedures for review by the General Assembly and the Governor of objections raised by IRRC prior to final publication of the amendment by the Department.
I. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendment to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by August 21, 2000 (within 30 days of publica-tion in the Pennsylvania Bulletin). Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must be received by August 21, 2000 (within 30 days following publication in the Pennsylvania Bulletin). The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@dep.state.pa.us and must also be received by the Board by August 21, 2000. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-351. No fiscal impact; recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE V. RADIOLOGICAL HEALTH
CHAPTER 240. RADON CERTIFICATION § 240.306. 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 training, 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.
[Pa.B. Doc. No. 00-1242. Filed for public inspection July 21, 2000, 9:00 a.m.]
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