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PA Bulletin, Doc. No. 01-547

RULES AND REGULATIONS

ENVIRONMENTAL QUALITY BOARD

[25 PA. CODE CH. 240]

Radon Certification; Continuing Education

[31 Pa.B. 1742]

   The Environmental Quality Board (Board) by this order amends Chapter 240 (relating to radon certification). The amendment is being adopted to modify the requirements for a continuing education program by certified persons performing radon-related work in this Commonwealth outlined in § 240.306 (relating to continuing education program) to read as set forth in Annex A.

   This order was adopted by the Board at its meeting of January 16, 2001.

A.  Effective Date

   This amendment will go into effect upon publication in the Pennsylvania Bulletin as final-form 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. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This rulemaking is available electronically through the Department of Environmental Protection's (Department) website (http:// www.dep.state.pa.us).

C.  Statutory Authority

   The final 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. § 510.20).

D.  Background of the Amendment

   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 the regulation requires that a certified person conducting radon-related activities in this Commonweatlh 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 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 the 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 in 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 in 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 was 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 indicated that participants continued to support this reduction of hours.

   No comments or questions were received from the public, the Independent Regulatory Review Commission (IRRC) or the House and Senate Standing Committees on the proposed rulemaking. As a result, the text of the final-form rulemaking submission is identical to the text of the proposed rulemaking. The radon regulatory workshop participants were notified in September 2000 that no comments or questions had been submitted on the proposed rulemaking and they continue to support the rulemaking.

E.  Benefits, Costs and Compliance

   Executive Order 1996-1 requires a cost/benefit analysis of the final-form regulation.

Benefits

   This final-form rulemaking would benefit about 200 certified radon laboratory, testing and mitigation persons who take continuing education courses to fulfill the requirements in § 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 regulation.

Compliance Costs

   The final-form regulation is not expected to impose any additional compliance costs on the regulated community.

F.  Sunset Review

   This final-form 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. § 745.5(a)), on July 11, 2000, the Department submitted a copy of the notice of proposed rulemaking, published at 30 Pa.B. 3661 (July 22, 2000), to IRRC and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment. There were no comments received from IRRC, the Committees or the public.

   Under section 5.1(g) of the Regulatory Review Act (71 P. S. § 745.5a(g)), on February 26, 2001, these final-form regulation was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on March 8, 2001, and approved the final-form regulation.

H.   Findings

   The Board finds that:

   (1)  Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided as required by law, and the comments were considered.

   (3)  The regulation do not enlarge the purpose of the proposal published at 30 Pa.B. 3661 (July 22, 2000).

   (4)  The regulation is necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this order.

I.  Order

   The Board, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Department, 25 Pa. Code Chapter 240, are amended by amending § 240.306 to read as set forth at 30 Pa.B. 3661.

   (b)  The Chairperson of the Board shall submit this order and 30 Pa.B. 3661 to the Office of General Counsel and the Office of Attorney General for review as to legality and form, as required by law.

   (c)  The Chairperson shall submit this order and 30 Pa.B. 3661 to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.

   (d)  The Chairperson of the Board shall certify this order and 30 Pa.B. 3661 and deposit them with the Legislative Reference Bureau, as required by law.

   (e)  This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

JAMES M. SEIF,   
Chairperson

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 31 Pa.B. 1647 (March 24, 2001).)

   Fiscal Note: Fiscal Note 7-351 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 01-547. Filed for public inspection March 30, 2001, 9:00 a.m.]


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