[47 Pa.B. 2722]
[Saturday, May 13, 2017]
[Continued from previous Web Page]
CHAPTER 225. RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS
Subchapter A. GENERAL PROVISIONS § 225.3a. Effect of incorporation of 10 CFR Part 34.
To reconcile differences between this chapter and the incorporated sections of 10 CFR Part 34 (relating to licenses for industrial radiography and radiation safety requirements for industrial radiographic operations), the following words and phrases shall be substituted for the language in 10 CFR Part 34 as follows:
* * * * * (5) Notifications, reports and correspondence referenced in the incorporated parts of 10 CFR (relating to energy) shall be directed to the Department [and, for NRC licenses, to the NRC until agreement state status is in effect].
§ 225.4a. Radiation safety program.
(a) A person who intends to use radiation-producing machines for industrial radiography shall have a program for training personnel, written operating procedures and emergency procedures, individual monitoring reports required under 10 CFR 20.2206(a)(2) (relating to reports of individual monitoring), an internal review system and an organizational structure for radiographic operations which includes specified delegations of authority and responsibility for operation of the program. This program shall be approved by the Department before [commencing] beginning industrial radiographic operations.
(b) The registrant shall notify the Department of intended changes to the registrant's radiation safety program and obtain Departmental approval.
Subchapter B. RADIATION-PRODUCING MACHINES
GENERAL TECHNICAL REQUIREMENTS § 225.81. Permanent radiographic installations.
(a) Permanent radiographic installations having high radiation area entrance controls of the types described in 10 CFR 20.1601 and 20.1902 (relating to control of access to high radiation areas; and posting requirements) shall also meet all of the following requirements[.]:
(1) Each entrance that is used for personnel access to the high radiation area in a permanent radiographic installation shall have both visible and audible warning signals to warn of the presence of radiation. The visible signal shall be activated by radiation whenever the X-ray source is energized. The audible signal shall be actuated when an attempt is made to enter the installation while the X-ray source is energized.
(2) The entrance control device or alarm system shall be tested for proper function prior to beginning operations on each day of use.
(3) The radiographic exposure system may not be used if an entrance control device or alarm system is not operating properly. If an entrance control device or alarm system is not functioning properly, it shall be removed from service and repaired or replaced immediately. If no replacement is available, the facility may continue to be used provided that the registrant implements the continuous surveillance under 10 CFR 34.51 and [34.52] 34.53 (relating to surveillance; and posting), § 225.83 (relating to records required at field radiography sites) and uses an alarming ratemeter. Before the entrance control device or alarm system is returned to service, the radiation safety officer or an individual designated by the radiation safety officer shall validate the repair.
(b) Records of the tests performed under subsection (a) shall be maintained for inspection by the Department for [3] 5 years.
CHAPTER 227. RADIATION SAFETY REQUIREMENTS FOR ANALYTICAL X-RAY EQUIPMENT, X-RAY GAUGING EQUIPMENT, ELECTRON MICROSCOPES AND X-RAY CALIBRATION SYSTEMS
ANALYTICAL X-RAY EQUIPMENT § 227.11a. Equipment requirements.
* * * * * (h) Equipment exclusively designed and exclusively used for vacuum spectroscopy where the tube housing and sample chamber is located behind all external surfaces of the unit shall be exempt from the requirements of this section, §§ 227.12a and 227.13a (relating to area requirements; and operating requirements), but shall meet the requirements of § 227.14 (relating to personnel [procedures] requirements) and the following:
* * * * * (6) A sign bearing the radiation symbol and the words ''CAUTION—RADIATION,'' or words of similar intent shall be placed next to the opening of the sample chamber.
(i) Analytical X-ray equipment operating at less than or equal to 50 kV tube voltage and designed to be held by an operator during use are exempt from the requirements of this section and § 227.12a(b), but shall meet the requirements of subsection (f)(2) and §§ 227.13a(a) and 227.14(a).
CHAPTER 228. RADIATION SAFETY REQUIREMENTS FOR PARTICLE ACCELERATORS
ADMINISTRATIVE CONTROLS § 228.11a. Licensee responsibilities.
(a) A person may not possess, operate or permit the operation of an accelerator unless the accelerator and installation meet the applicable requirements of this article.
(b) Written safety procedures and rules shall be available at a facility, including restrictions of the operating technique required for the safe operation of the particular accelerator. The operator shall be able to demonstrate familiarity with the rules. The operator of an accelerator used for healing arts shall have additional instruction, including certification in the applicable specialty by a professional organization recognized by the Department.
(c) An individual may not be exposed to the useful beam except for healing arts purposes. An exposure shall be authorized by a licensed practitioner of the healing arts.
NOTIFICATION AND LICENSING PROCEDURES § 228.21a. Notification and license requirements.
(a) A person who intends to purchase, construct or acquire an accelerator shall notify the Department of this intent by filing an application for a specific license within [30] 90 days after the initial order is issued to obtain any or all parts of the accelerator.
(1) The application shall be filed in duplicate on a form prescribed by the Department and shall be accompanied by the required fee as described in § 218.11(d) (relating to registration, renewal of registration and license fees).
(2) The application shall contain pertinent information to permit the Department to evaluate the accelerator facility for compliance with the act and this article.
(b) In addition to the notification requirement in subsection (a), a person who intends to install an accelerator shall notify the Department within 30 days after the initial construction or installation begins.
[(c) Except as provided in subsection (d), a person may not operate a particle accelerator after October 3, 1998, without having obtained a license from the Department.
(d) A registrant possessing an accelerator before October 3, 1998, may continue to operate the accelerator provided an application for a license is filed in duplicate with the Department by October 4, 1999.
(e)] (c) The Department may, after the filing of an original application, and before the expiration of the license, require further information to enable the Department to determine whether the application will be granted or denied or whether a license will be modified or revoked.
[(f)] (d) The application shall be signed by the applicant or licensee, or an individual authorized by the applicant or licensee.
[(g)] (e) A license issued under this chapter may not be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, to any person except through submission of a written request by the licensee to the Department for approval.
GENERAL RADIATION SAFETY REQUIREMENTS § 228.35. Operating procedures.
* * * * * (c) Each safety and warning device, [including] except interlocks, shall be checked at least every 3 months for proper functioning and shall be repaired as necessary. Interlocks shall be checked at least annually. Results of these checks and records of repairs shall be maintained for [4] 5 years at the accelerator facility for inspection by the Department.
* * * * * (g) For accelerators used in the healing arts, operating procedures shall meet the following requirements:
* * * * * [(5)] (h) An individual who operates an accelerator system shall be instructed adequately in the safe operating procedures and be competent in the safe use of the equipment. The instructions [shall include, but not be limited to,] must include items included in Appendix A (relating to determination of competence) for medical accelerator operations, as well as basic radiation protection for nonmedical accelerator operations. There shall be continuing education in radiation safety, biological effects of radiation, quality assurance and quality control.
§ 228.36. Radiation monitoring requirements.
An independent radiation monitoring system shall be provided so that the individuals entering or present in a potential very high radiation area become aware of the existence of the hazard. Independent radiation monitors shall be tested for response [at least annually] daily and after each servicing or repair.
RADIATION SAFETY REQUIREMENTS FOR ACCELERATORS USED IN THE HEALING ARTS § 228.61. Leakage radiation to the patient area.
(a) [New equipment shall meet] Equipment must meet all of the following requirements:
(1) For operating conditions producing maximum leakage radiation, the dose due to leakage radiation, including X-rays, electrons and neutrons, at any point on a circle of 2 meters radius centered on and perpendicular to the central axis of the beam at the isocenter or normal treatment distance and outside the maximum useful beam size, may not exceed 0.1% of the maximum dose of the unattenuated useful beam measured at the point of intersection of the central axis of the beam and the plane surface. Measurements, excluding those for neutrons, shall be averaged over an area up to, but not exceeding, 100 square centimeters at the position specified. Measurements of the portion of the leakage radiation dose contributed by neutrons shall be averaged over an area up to, but not exceeding, 200 square centimeters.
(2) For each system, the licensee shall determine or obtain from the manufacturer the leakage radiation existing at the positions specified in paragraph (1) for the specified operating conditions. The licensee shall maintain records for 5 years on leakage radiation measurements for inspection by the Department.
(b) [Existing equipment shall meet] Equipment manufactured or installed prior to July 17, 2004, must meet all of the following requirements:
(1) For operating conditions producing maximum leakage radiation, the absorbed dose due to leakage radiation, including neutrons, at any point on a circle of 2 meters radius centered on and perpendicular to the central axis of the beam 1 meter from the virtual source, may not exceed 0.1% of the maximum absorbed dose of the unattenuated useful beam measured at the point of intersection of the central axis of the beam and the surface of the circular plane. Measurements shall be averaged over an area up to but not exceeding 100 square centimeters at the positions specified.
(2) For each system, the licensee shall have available the leakage radiation data existing at the positions specified in paragraph (1) for the specified operating conditions. The licensee shall maintain records on radiation leakage for 5 years for inspection by the Department.
§ 228.72. Selection of radiation type.
Equipment capable of [both X-ray therapy and electron therapy shall meet] X-ray therapy or electron therapy, or both, must meet all of the following additional requirements:
* * * * * § 228.73. Selection of stationary beam therapy or moving beam therapy.
Equipment capable of [both stationary beam therapy and moving beam therapy shall meet] stationary beam therapy or moving beam therapy, or both, must meet all of the following additional requirements:
* * * * * § 228.75. Calibrations.
* * * * * (e) The calibration of the therapy beam shall include, but is not limited to, the following determinations:
(1) Verification that the equipment is operating in compliance with the design specifications concerning the light localizer, the side light and back-pointer alignment with the isocenter when applicable, variation in the axis of rotation for the table, gantry and beam limiting device (collimator) system.
(2) The absorbed dose rate at various depths (depth dose) and beam profile measured in water and the beam flatness and symmetry for the range of field sizes used, for each beam energy, and if applicable, for each flattening filter free mode.
* * * * *
CHAPTER 230. PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL
Subchapter B. GENERAL (Editor's Note: The following section is proposed to be added and printed in regular type to enhance readability.)
§ 230.15. Packaging and transportation of unlicensed material.
Radioactive material not licensed by the Department or under the specific regulatory control of another state or Federal agency that meets the definition of radioactive material in 49 CFR 173.403 (relating to definitions) must be packaged and transported in compliance with the standards and requirements of 49 CFR 173.401—173.477 (relating to class 7 (radioactive) materials).
CHAPTER 240. RADON CERTIFICATION
Subchapter A. GENERAL PROVISIONS
GENERAL § 240.1. Description of regulatory structure.
* * * * * (e) Subchapter E (relating to enforcement and decertification) contains the enforcement provisions, including inspection, decertification and assessment of civil penalties. Other enforcement actions are available under sections 308 and 309 of the Radiation Protection Act (35 P.S. §§ 7110.308 and 7110.309) and section 14 of the act (63 P.S. § 2014).
[(f) Subchapter F (relating to interim certification) specifies the requirements for persons certified under the Department's Interim Certification Program.
(g)] (f) This section is for descriptive purposes only. This section does not limit the authority of the Department under the acts or this chapter.
§ 240.2. Scope.
(a) This chapter applies to all persons except a person:
(1) Testing for or mitigating against radon contamination in a building that the person owns or [occupies] in which the person resides.
(2) Using measures designed to prevent radon contamination in newly constructed buildings. This exemption does not apply to radon testing or installation of radon mitigating devices in these buildings following occupancy.
(3) Performing testing or mitigation in the course of the person's normal duties as an employee or contractor of the Department or the Federal government.
(4) Performing Department-approved scientific research if the person discloses the information obtained to the Department under § 240.303 (relating to reporting of information) and the person informs the owner or occupant of the affected building of all of the following:
(i) That the person is not certified by the Department to test for or mitigate against radon contamination.
(ii) That the test results are not [certified] valid.
(iii) That the mitigation methods are for experimental purposes and may be unsuccessful.
(5) Purveying[, but not placing, or retrieving passive radon testing devices, such as charcoal canisters or track etch monitors] secondary devices supplied by a certified laboratory, if radon concentrations determined by the laboratory are only reported directly to the owner or [occupier] resident of the building tested.
(i) Test results may also be reported to the certified mitigator who installed a mitigation system at the property.
(ii) Purveying does not include the activities of either placing or retrieving radon testing devices.
(6) Employed by a local government or a school who performs testing for that local government or school if all of the following criteria are met:
(i) The practice is limited to the employee's official duties and no fee is charged for the testing except for the employee's salary.
(ii) Radon testing is limited to the buildings owned or occupied by the local government or school.
(b) This chapter is in addition to, and not in substitution for, other applicable provisions of this article.
§ 240.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AC—Activated charcoal—A device used to measure radon by exposing activated charcoal to air in the area to be tested.
ALARA—As low as reasonably achievable—Making every reasonable effort to maintain exposures as far below the dose limits as is practical, taking into account economic considerations and other societal concerns.
AT—Alpha track—A device used to measure radon by recording alpha particle tracks on a plastic chip.
Act—The Radon Certification Act (63 P.S. §§ 2001—2014).
Acts—The Radon Certification Act and the Radiation Protection Act (35 P.S. §§ 7110.101—7110.703).
Alteration—A change to the original mitigation system design, including fan size, number or placement of suction points, or pipe diameter.
Blind study—A study in which the certified person's device is exposed to a specific radon concentration that is unknown to the certified person.
CRM—Continuous radon monitor—An active device used to measure radon with solid state silicon surface barrier detectors, scintillation cells or ion chambers, usually on an hourly basis.
CWLM—Continuous working level monitor—An active device used to measure radon decay products, usually on an hourly basis.
Calibration—The process of determining the response of an instrument (or measurement system) to a series of known values over the range of the instrument (or measurement system).
Certification year—Each 12-month period beginning with the most recent certification date of the certified individual.
Certified individual—An individual with a Department certification to perform radon testing, mitigation or laboratory analysis in this Commonwealth.
Client—A receiver of services that are regulated under the Act or this chapter.
Control limit—A QC value set at ±3 sigma.
Diagnostic test—A test performed to determine specific radon entry points and sources, the result of which is not reported to the Department or in writing to the client.
Duplicate measurements—Two measurements made concurrently, for the same time period and in the same location, approximately 4 inches from one another.
Electret ion chamber—A radon measurement device that consists of a small plastic container with an electrostatically charged disk inside to serve as a detector.
Electret reader—A radon measurement device that consists of a voltmeter used to measure the voltage on the electrostatically charged disk of an electret ion chamber testing device at the beginning and end of a test period.
Electret voltage drift—A QC process which evaluates the voltage drift of each new batch of electrets received from the manufacturer of the electrets.
Field blank—A QC measurement made by analyzing unexposed (closed) detectors that have been maintained in a low-radon environment to assess radon exposure to the detector from a source other than the concentration in the environment to be measured.
Firm—[A person, other than an individual.] A Department-certified entity that has one certified individual in responsible charge of the entity's testing, mitigation or laboratory radon activities. A business, such as a corporation or limited liability company, may contain more than one firm.
Firm employee—A Department-listed radon testing, mitigation or laboratory employee under the responsible charge of a certified individual.
Firm owner—A person or business entity which owns and is responsible for the radon firm.
LS—Liquid scintillation—A device used to measure radon by exposing a small amount of AC contained within a small vial and placed in the area to be sampled.
Laboratory—A Department-certified individual or firm.
Laboratory analysis—[The act of determining radon concentrations in air, water, soil or passive radon testing devices.] The act of analyzing a radon test device and calculating a radon concentration in air or water.
Lowest livable level—The lowest level of a building that may be used as a living space without requiring any major structural changes.
MV—Measured value—The radon concentration reported by the analyst, in units of picocuries per liter or WLs.
Measurement—A radon or radon decay product test result used for the performance of quality assurance, including a spike, blank, duplicate, intercomparison or cross check.
Mitigate—To repair or alter a building or building design for the purpose in whole or in part of reducing the concentration of radon in the indoor atmosphere.
Mitigator—A Department-certified individual or a Department-listed mitigation employee of a Department-certified mitigation firm.
Multifamily building—A building with more than three attached dwellings.
Nonreported test—A test conducted for reasons other than reporting valid, written results to the client, such as a diagnostic test.
pCi/L—Picocurie per liter—2.22 disintegrations per minute of radioactive material per liter of air.
Person—An individual, corporation, partnership, business entity, association, trust, estate, public or private institution, group, agency or political subdivision of this Commonwealth, another state or political subdivision or agency thereof, and a legal successor, representative, agency or agency of the entities [listed] in this definition.
[Picocurie per liter—2.2 disintegrations per minute of radioactive material per liter of air.]
Primary device—Continuous monitors or [electrets] electret ion chambers, or both, read or analyzed, or both, by a primary tester.
Primary tester—A tester who reads or analyzes, or both, [the continuous monitors or electrets, or both,] a primary device that the tester places or retrieves, or both.
QA—Quality assurance—The activities required to provide the evidences needed to establish confidence that radon test data are of the required precision and accuracy.
QC—Quality control—The process through which a person measures performance, compares performance with standards and acts on any differences.
RPD—Relative percent difference—The absolute value of the difference between two measurements divided by their average, multiplied by 100. The equation is:
RPD={(¦MV1-MV2¦)/(MV1+ MV2)/2} × 100.
RPE—Relative percent error—The measured value (pCi/L) minus the RV (pCi/L), divided by the RV, multiplied by 100. The equation is:
RPE = {(MV—RV)/RV} × 100.
RV—Reference value—The known radon concentration value, in units of picocuries per liter or WL, to which a test device is exposed.
Radon—The radioactive noble gas Radon-222 and the short-lived radionuclides which are products of Radon-222 decay, including polonium-218, lead-214, bismuth-214 and polonium-214.
Secondary device—A radon test device that is analyzed by a Department-certified laboratory.
Secondary tester—A tester who places or retrieves, or both, a radon test device that is analyzed by a Department-certified laboratory.
Sigma level—A sample standard deviation around a mean, which is a measure of the scatter of data around a mean. The term is often described as 1, 2 or 3 sigma, corresponding to one, two or three standard deviations around the mean.
Spiked measurement or spike—A QC measurement conducted to evaluate accuracy by exposing the detector or device to a known concentration and submitted for analysis.
Test—[The act of examining a building, soil, air or water for the presence of radon, including taking air, soil or water samples, or the act of diagnosing the cause of radon contamination in a building.] The act of measuring for the presence of radon in a building's air or water supply.
Tester—A Department-certified individual or a Department-listed testing employee of a Department-certified testing firm.
WL—[working] Working level—[One working level is that amount of potential alpha-particle energy dissipated in air by the short-lived daughters in equilibrium with 100 pCi/1 of Radon-222. One WL is equal to 130,000 Mev of alpha-particle energy deposited per liter of air.] Any combination of short-lived radon progeny (for radon-222: polonium-218, lead-214, bismuth-214 and polonium-214; and for radon-220: polonium-216, lead-212, bismuth-212 and polonium-212) in 1 liter of air that will result in the ultimate emission of 1.3 × 105 MeV of alpha particle energy.
WLM—Working level month—The cumulative exposure from breathing in an atmosphere at a concentration of 1 WL for a working month of 170 hours.
WLM/yr—Working level month per year—The cumulative exposure incurred over 1 year (2,040 hours) from breathing in an atmosphere at a concentration of 1 WL for a working month of 170 hours.
Warning level—A QC value set at ±2 sigma.
Subchapter B. CERTIFICATION
CERTIFICATION FOR RADON TESTING § 240.101. [Requirement] Requirements for radon testing certification.
(a) A person may not test for radon or represent or advertise that he may so test in a building [or building lot] in this Commonwealth[,] unless the person has first applied for and obtained certification [to test] from the Department to test or is a firm employee of a certified testing firm.
(b) For a firm to perform radon testing it shall employ [at least one person certified to test] one individual certified to test who is in responsible charge of the firm's testing activities, and the firm shall submit an application for certification and receive certification from the Department. [Not everyone within the firm is required to be certified to test. An individual performing testing and not working for a certified radon testing firm shall obtain radon testing certification prior to performing testing.]
(c) A certified primary tester does not also have to be certified in radon laboratory analysis to read or analyze continuous monitors or electret ion chambers that he places and retrieves.
(d) A person using [passive radon monitors, such as charcoal canisters] secondary radon testing devices, such as AC, from a certified radon laboratory does not also have to [become] be certified in radon laboratory analysis.
§ 240.102. Prerequisites for radon testing certification.
(a) Individual certification for radon testing. An individual will not be certified to test unless the individual has [done the following]:
(1) [Taken] Completed a Department-approved course on radon.
(2) [Taken and passed] Passed a Department-approved written exam on radon testing within 2 years before the postmark date of the individual's application submittal. The applicant shall forward [an official] a copy of exam results to the Department.
[(3) Had 1 year of professional experience in performing radon measurements or equivalent as determined by the Department.
(4)] (3) Submitted a complete and accurate application to the Department, including applicable fees.
(b) Firm certification for radon testing. If the applicant for testing certification is a firm, it shall employ [at least] one individual who is certified to test and who is in responsible charge of the firm's testing activities. [If the firm loses its certified individual, the certification automatically lapses and is void until the firm has notified the Department of employment of another certified individual. Within 5 days' the firm shall notify the Department in writing when it loses its certified individual. Each testing firm employee, after the first initial testing firm employee, will be charged a fee as set forth in Appendix A (relating to radon certification fee schedule).]
(1) If the firm loses its certified individual, all of the following apply:
(i) The firm owner shall notify the Department in writing within 5 days of losing that individual.
(ii) The firm's certification automatically lapses and is void until the Department approves in writing the firm owner's written and signed request for a certified individual to be in responsible charge of that firm's radon testing activities.
(2) The firm's certified individual may not also be a testing firm employee.
(3) If a testing firm employee is no longer under the responsible charge of the firm's certified individual, all of the following apply:
(i) The firm's certified individual shall notify the Department within 5 days of this change.
(ii) The firm employee's Department listing becomes invalid.
(4) A testing firm may list a maximum of five testing firm employees at one time.
(5) Each testing firm employee shall conduct activities in accordance with the signed testing firm employee application.
(6) Each testing firm employee applicant shall submit all of the following:
(i) A nonrefundable fee as set forth in Appendix A (relating to radon certification fee schedule).
(ii) A completed firm employee application as provided by the Department.
(iii) Proof of passing a Department-approved radon measurement exam.
(iv) The applicant's current photograph, in a format specified by the Department, to be used on the identification card as required under § 240.142 (relating to testing and mitigation identification cards).
(7) The firm's certified individual shall receive written approval from the Department before a testing firm employee may conduct radon testing activities.
(c) Additional requirements. If the applicant for testing certification is a firm, or an individual performing testing and not working for a certified radon testing firm, the applicant shall also have a [quality assurance program, a health and safety] QA program and a continuing education program as [required in §§ 240.304—240.307] required under §§ 240.306 and 240.604 (relating to continuing education program; and QA requirements for testing using primary devices). In addition, the applicant shall be successfully enrolled in [the EPA] a Department-approved radon measurement proficiency program [or equivalent, as required in §§ 240.304—240.307] as required under § 240.307 (relating to radon measurement proficiency program).
§ 240.103. Radon testing application contents.
(a) An application for radon testing certification, by [both] an individual [and] or a firm, shall be submitted to the Department in writing on forms provided by the Department and must contain all of the following:
(1) Evidence that the applicant has the certification prerequisites in § 240.102 (relating to prerequisites for radon testing certification)[, including the services offered and experience in each. If the applicant is a firm, the]. The application must [also] include the duties assigned to the certified individual in responsible charge of the testing activities.
(2) A nonrefundable fee as set forth in Appendix A (relating to radon certification fee schedule).
(3) The applicant's name, address [and], telephone number and, if the applicant is an individual, the applicant's date of birth. It must also indicate if the applicant is an individual, partnership, limited partnership, corporation or other entity. The application must include, when appropriate, the name and address of every officer, general and limited partner, director, principal shareholder, parent corporation and certified person within the applicant's organization.
(4) Compliance information, including descriptions of notices of violation, administrative orders, civil penalty assessments and actions for violations of the act, this chapter or a term or condition of a certification.
(5) Copies of reporting forms, information distributed to potential clients and recent or proposed advertisements.
(6) The applicant's current photograph, in a format specified by the Department, to be used on the identification card as required under § 240.142 (relating to testing and mitigation identification cards).
[(6)] (7) Other information the Department may require related to an applicant's qualifications or technical or administrative information related to radon testing.
[(7)] (8) A verification by [a responsible official of] the applicant that the information contained in the application is correct to the best of the [official's] applicant's information and belief. This verification is subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(b) Within 10 days of a change to the information submitted in the certified individual application or firm certification application, the certified individual shall submit to the Department a written and signed notification listing each change. The change will not take effect until the Department provides written approval of the change.
§ 240.104. Application filing deadline.
(a) A person who expects to conduct radon testing shall file a complete application for certification a minimum of 30 days prior to the anticipated starting date of testing activity [and any].
(b) A testing individual certification renewal application postmarked after the previous testing individual certification expiration date will be charged a late application fee as set forth in Appendix A (relating to radon certification fee schedule).
CERTIFICATION FOR RADON MITIGATION § 240.111. [Requirement] Requirements for radon mitigation certification.
(a) A person may not mitigate radon contamination in a building or represent or advertise that he may so mitigate in a building [or building lot] in this Commonwealth[,] unless the person has first applied for and obtained certification from the Department to mitigate or is a firm employee of a certified mitigation firm.
(b) For a firm to perform radon mitigation it shall employ [at least one person] one individual certified to mitigate who is in responsible charge of the firm's mitigation activities, and the firm shall submit an application for certification and receive certification from the Department prior to performing mitigation of radon contamination. [Not everyone within the firm is required to be certified to mitigate. An individual performing mitigation and not working for a certified radon mitigation firm shall obtain radon mitigation certification prior to performing mitigation of radon contamination.]
§ 240.112. Prerequisites for radon mitigation certification.
(a) Individual certification for radon mitigation. An individual will not be certified to mitigate unless [he has done the following] the individual has:
(1) [Taken] Completed a Department-approved course on radon mitigation.
(2) [Taken and passed] Passed a Department-approved written exam on radon mitigation within 2 years before the postmark date of the individual's application submittal. The applicant shall forward [an official] a copy of exam results to the Department.
(3) Had 1 year professional experience [or supervised experience] in radon mitigation system installation or 3 years experience in architecture, engineering, electrical contracting, plumbing, carpentry, masonry or related trades.
(4) Submitted a complete and accurate application to the Department including applicable fees.
(b) Firm certification for radon mitigation. If the applicant for mitigation certification is a firm, it shall employ [at least] one individual who is certified to mitigate and who is in responsible charge of the firm's mitigation activities. [If the firm loses its certified individual, the certification automatically lapses and is void until the firm has notified the Department of employment of another certified individual. Within 5 days the firm shall notify the Department in writing when it loses its certified individual.]
(1) If the firm loses its certified mitigation individual, all of the following apply:
(i) The mitigation firm owner shall notify the Department in writing within 5 days of losing that individual.
(ii) The firm's certification automatically lapses and is void until the Department approves in writing the mitigation firm owner's written and signed request for a certified individual to be in responsible charge of that firm's radon mitigation activities.
(2) The firm's certified individual may not also be a mitigation firm employee.
(3) If the mitigation firm employee is no longer under the responsible charge of the firm's certified individual, all of the following apply:
(i) The firm's certified individual shall notify the Department within 5 days of this change.
(ii) The firm employee's Department listing becomes invalid.
(4) The mitigation firm employee shall conduct activities in accordance with the signed mitigation firm employee application.
(5) A mitigation firm may list a maximum of five mitigation firm employees at one time.
(6) Each mitigation firm employee applicant shall submit all of the following:
(i) A completed firm employee application as provided by the Department.
(ii) The applicant's current photograph, in a format specified by the Department, to be used on the identification card as required under § 240.142 (relating to testing and mitigation identification cards).
(iii) Proof of passing a Department-approved course on radon mitigation or passing a Department-approved mitigation exam.
(7) The firm's certified individual shall receive written approval from the Department before a mitigation firm employee may conduct radon mitigation activities.
(c) Additional requirements. If the applicant for mitigation certification is a firm, or an individual performing mitigation and not working for a certified mitigation firm, he shall also have a health and safety program, and a continuing education program, as required in §§ 240.305 and 240.306 (relating to health and safety program; and continuing education program).
§ 240.113. Radon mitigation application contents.
(a) An application for radon mitigation certification, by [both individual and] an individual or a firm, shall be submitted to the Department in writing on forms provided by the Department and must contain all of the following:
(1) Evidence that the applicant has the certification prerequisites contained in § 240.112 (relating to prerequisites for radon mitigation certification)[, including the services offered and experience in each]. [If the applicant is a firm, the applicant shall also] The application must include the duties assigned to the certified individual in responsible charge of the mitigation activities.
(2) A nonrefundable fee as set forth in Appendix A (relating to radon certification fee schedule).
(3) The applicant's name, address [and], telephone number and, if the applicant is an individual, the applicant's date of birth. It must also indicate if the applicant is an individual, partnership, limited partnership, corporation or other entity. The application must include, when appropriate, the name and address of every officer, general and limited partner, director, principal shareholder, parent corporation and certified person within the applicant's organization.
(4) Compliance information, including descriptions of notices of violation, administrative orders, civil penalty assessments and actions for violations of the act, this chapter or a term or condition of a certification.
(5) Copies of reporting forms, information distributed to potential clients and recent or proposed advertisements.
(6) The applicant's current photograph, in a format specified by the Department, to be used on the identification card as required under § 240.142 (relating to testing and mitigation identification cards).
[(5)] (7) Other information the Department may require related to an applicant's qualifications or technical or administrative information related to radon mitigation.
[(6)] (8) A verification by [a responsible official of] the applicant that the information contained in the application is correct to the best of the [official's] applicant's information and belief. This verification is subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(b) Within 10 days of a change to the information submitted in the mitigation certification application, the certified individual shall submit to the Department a written and signed notification listing each change. The change will not take effect until the Department provides written approval of the change.
§ 240.114. Application filing deadline.
(a) A person who anticipates conducting radon mitigation services shall file a complete application for certification a minimum of 30 days prior to the anticipated starting date of mitigation activities.
(b) A certified individual renewal application postmarked after the previous certified individual certification expiration date will be charged a late application fee as set forth in Appendix A (relating to radon certification fee schedule).
CERTIFICATION FOR RADON LABORATORY § 240.121. [Requirement] Requirements for radon laboratory certification.
(a) A person in this Commonwealth or a person analyzing devices placed or retrieved in this Commonwealth may not perform laboratory analysis or represent or advertise that [he] the person may perform laboratory analysis of radon testing devices supplied to the public or of samples or devices received from the public or from other certified persons, unless that person has first applied for and obtained radon laboratory analysis certification from the Department or is a firm employee of a certified laboratory firm.
(b) For a firm to perform radon laboratory analysis it shall employ one individual certified to perform laboratory analysis who is in responsible charge of the firm's laboratory radon analytical activities, and the firm shall submit an application for certification and receive certification from the Department.
§ 240.122. Prerequisites for radon laboratory certification.
(a) Individual certification for laboratory analysis. A person will not be certified to perform radon laboratory analysis unless the person has [done the following]:
(1) [Taken] Completed a Department-approved course on radon.
(2) Had 1 year professional experience in performing laboratory analysis of radon measurement devices or samples or is certified in Health Physics by the American Board of Health Physics, or equivalent certification or professional work experience, or both, as determined by the Department.
(3) Received a bachelors degree in the physical sciences or engineering or related fields as approved by the Department, or the education or professional work experience equivalent to a degree, as determined by the Department.
(4) Submitted a complete and accurate application to the Department, including applicable fees.
(b) Firm certification for laboratory analysis. If the applicant for radon laboratory certification is a firm, it shall employ [at least] one individual who is certified to perform radon laboratory analysis and who is in responsible charge of the laboratory radon analytical activities. [If the firm loses its certified individual, the certification automatically lapses and is void until the firm has notified the Department of employment of another certified individual. Within 5 days the firm shall notify the Department in writing when it loses its certified individual.]
(1) If the firm loses its certified individual, all of the following apply:
(i) The firm owner shall notify the Department in writing within 5 days of losing its certified individual.
(ii) The firm's certification automatically lapses and is void until the Department approves in writing the firm owner's written and signed request for a certified individual to be in responsible charge of that firm's radon laboratory activities.
(2) The firm's certified individual may not also be a laboratory firm employee.
(3) If a laboratory firm employee is no longer under the responsible charge of the firm's certified individual, the following apply:
(i) The firm's certified individual shall notify the Department within 5 days of this change.
(ii) The firm employee's Department listing becomes invalid.
(4) Activities of the laboratory firm employee shall be conducted in accordance with the signed laboratory firm employee application.
(5) Each laboratory firm employee applicant shall submit a completed and signed laboratory firm employee application as provided by the Department.
(6) Each laboratory firm employee shall receive written approval from the Department prior to conducting radon laboratory activities as a laboratory firm employee.
(c) Additional requirements. If the applicant for radon laboratory certification is a firm, or an individual performing laboratory analysis and not working for a certified laboratory, the applicant shall also have a [quality assurance] QA program and a continuing education program as [required in §§ 240.304—240.307] required under §§ 240.306 and 240.604 (relating to continuing education program; and QA requirements for testing using primary devices). [In addition, the applicant shall be successfully enrolled in the EPA radon measurement proficiency program or equivalent, as required in §§ 240.304—240.307.] In addition, the applicant shall be successfully enrolled in a Department-approved radon measurement proficiency program as required under § 240.307 (relating to radon measurement proficiency program).
§ 240.123. Radon laboratory application contents.
(a) An application for radon laboratory certification, by an individual or a firm, shall be submitted to the Department in writing on forms provided by the Department and must contain all of the following:
(1) Evidence that the applicant has the certification prerequisites contained in § 240.122 (relating to prerequisites for radon laboratory certification)[, including the services offered and experience in each]. [If the applicant is a firm, the applicant shall also] The application must include the duties assigned to the certified individual in responsible charge of the laboratory analysis activities.
(2) A nonrefundable fee as set forth in Appendix A (relating to radon certification fee schedule).
(3) The applicant's name, address [and], telephone number and, if the applicant is an individual, the applicant's date of birth. It must also indicate if the applicant is an individual, partnership, limited partnership, corporation or other entity. The application must include, when appropriate, the name and address of every officer, general and limited partner, director, principal shareholder, parent corporation and certified person within the applicant's organization.
(4) Compliance information, including descriptions of notices of violation, administrative orders, civil penalty assessments and actions for violations of the act, this chapter or a term or condition of a certification.
(5) Other information the Department may require related to an applicant's qualifications or technical or administrative information related to laboratory analysis of radon samples.
(6) A verification by [a responsible official of] the applicant that the information contained in the application is correct to the best of the [official's] applicant's information and belief. This verification is subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(b) Within 10 days of a change to the information submitted in the laboratory certification application, the laboratory certified individual shall submit to the Department a written and signed notification listing each change.
§ 240.124. Application filing deadline.
(a) A person who anticipates performing laboratory analysis of samples to determine radon concentrations shall file a complete application for laboratory analysis certification a minimum of 30 days prior to the anticipated starting date of laboratory analysis [and any].
(b) A laboratory individual certification application postmarked after the previous laboratory individual certification expiration date will be charged a late application fee as set forth in Appendix A (relating to radon certification fee schedule).
CERTIFICATION FOR PERSONS CERTIFIED IN ANOTHER STATE § 240.132. Limited radon practice in this Commonwealth.
A person may test, mitigate or perform laboratory analysis without first obtaining certification from the Department if the person does all of the following:
(1) [The person has obtained] Obtains certification to do so from a state with which the Department has entered into a reciprocal agreement.
(2) [The person conducts] Conducts that activity in this Commonwealth [less] fewer than 90 days each calendar year.
§ 240.133. Certification application contents.
(a) A person who has a certification from a state with which the Department has entered into a reciprocal agreement, and who intends to conduct the radon-related activity in this Commonwealth for [at least] 90 days or more a year, shall first obtain certification from the Department. The application must be in writing and contain all of the following:
(1) A copy of the [certificatin from] certification from the foreign state.
(2) A nonrefundable fee [of $200] as set forth in Appendix A (relating to radon certification fee schedule).
(3) The applicant's name, address [and], telephone number and, if the applicant is an individual, date of birth. It must also indicate if the applicant is an individual, partnership, limited partnership, corporation or other entity. The application must include, when appropriate, the name and address of every officer, general and limited partner, director, principal shareholder, parent corporation and certified person within the applicant's organization.
(4) Compliance information, including descriptions of notices of violation, administrative orders, civil penalty assessments and actions for violations of the act, this chapter or a term or condition of a certification.
(5) Other information the Department may require related to an applicant's qualifications, or technical or administrative information related to radon testing, mitigation of radon contamination or laboratory analysis of radon samples.
(6) A verification by [a responsible official of] the applicant that the information contained in the application is correct to the best of the [official's] applicant's information and belief.
(b) Within 10 days of a change to the information submitted in the certification application, the certified individual shall submit to the Department a written and signed notification listing each change.
(Editor's Note: Sections 240.141—240.143 are proposed to be added and printed in regular type to enhance readability.)
OTHER CERTIFICATION PROCEDURES § 240.141. Withdrawal of applications and certifications.
(a) Withdrawal of applications.
(1) An application may be withdrawn before Department approval is granted.
(2) Fees will not be refunded.
(3) After an application for certification is withdrawn, a person who wishes to reapply for certification shall submit a new application along with the appropriate fee set forth in Appendix A (relating to radon certification fee schedule).
(4) The withdrawal is complete when all of the following conditions have been met:
(i) The request for an application withdrawal has been submitted to the Department in writing and signed by the applicant.
(ii) The Department has confirmed the withdrawal in writing.
(b) Withdrawal of certifications.
(1) A certified testing, mitigation or laboratory individual may request that the Department withdraw the individual's own certification or a firm certification. The withdrawal is complete when the request has been submitted in writing, signed by the certified individual and the Department has provided written confirmation of the withdrawal.
(2) A firm owner may request that the Department withdraw the firm's certification. The withdrawal is complete when the request has been submitted in writing, signed by the firm owner and the Department has provided written confirmation of the withdrawal.
(c) Withdrawal of a testing or laboratory individual certification by the Department.
(1) The Department may withdraw a testing or laboratory individual certification when that individual no longer has Department-listed testing devices.
(2) The Department will confirm the withdrawal in writing.
(d) Reinstatement of withdrawn certifications.
(1) The previously certified individual may submit a written, signed request to reinstate the individual's testing, mitigation or laboratory individual certification or the firm owner may request to reinstate the testing, mitigation or laboratory firm certification prior to the withdrawn certification's expiration date.
(2) The Department will approve or disapprove this request in writing.
(3) A person who wishes to reapply for certification after the expiration of the person's previous certification shall submit a new application along with appropriate fees as set forth in Appendix A.
§ 240.142. Testing and mitigation identification cards.
(a) All of the following persons shall obtain Department identification cards:
(1) Individuals for testing certification.
(2) Individuals for mitigation certification.
(3) Each testing firm employee.
(4) Each mitigation firm employee.
(b) Each applicant referenced in subsection (a) shall submit the applicant's current photograph, in a format specified by the Department, to the Department with the application.
(c) Each person listed in subsection (a) shall wear prominently the Department-issued identification card while performing radon-related activities and present the Department-issued identification card to a client upon request.
§ 240.143. Adding or removing devices from certification.
(a) To add or remove a device from laboratory or testing certification, the certified individual shall submit a written and signed request to the Department.
(b) The certified individual who analyzes each continuous monitor and electret reader shall provide in the request the specific serial number and proof of current calibration of each device to be added.
(c) The certified individual who analyzes each continuous monitor and electret reader shall provide in the request the specific serial number of each device to be removed.
(d) The device will be considered Department-listed or removed on the effective date stated in the Department's confirmation letter to the certified individual.
(e) After the effective removal date of the device, the device may no longer be used to conduct radon testing activities or laboratory analysis.
(f) The certified individual shall receive written approval from the Department to add a specific device prior to performing radon testing activities or laboratory analysis with the device.
Subchapter C. CERTIFICATION REVIEW PROCEDURES AND STANDARDS § 240.201. Criteria for [certification] issuance or denial of certifications or course provider applications.
(a) A certification or course provider application will not be approved unless the applicant affirmatively demonstrates to the Department's satisfaction that all of the following conditions are met:
(1) Neither the applicant nor a person identified in the application or involved with the course or its development is in violation of the act or this chapter or has been decertified under § 240.403 (relating to decertification).
(2) The application is accurate and complete and the applicant is in compliance with the requirements of the act and this chapter.
(3) The applicant has the qualifications required in this chapter and is capable of performing the activities for which he is seeking certification as required by the act and this chapter.
(b) The Department may deny the certification [to] or course provider application of a person who has shown a lack of ability or intention to comply with the acts or this chapter, as indicated by past or continuous conduct. A certification lapse under § 240.203(b) (relating to conditions of certification) may be considered evidence of a lack of ability or intention to comply with the acts or this chapter.
§ 240.202. Terms of certification.
(a) A certification will be valid for 2 years following issuance.
(b) Testing, mitigating or [other radon-related activity] laboratory analysis may not be conducted after the expiration of the term of certification.
§ 240.203. Conditions of certification.
(a) Persons certified under this chapter shall, at a minimum, comply with all of the following conditions:
(1) The certified person shall conduct [his] all activities as described in the approved application.
(2) The certified person shall allow the Department, its agents and [employes] employees, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access to the person's facilities, offices and files for inspection and examination of records. The certified person shall also allow the Department, its agents and [employes] employees to accompany him while performing radon-related activities for the purpose of inspection of those activities.
(3) The certified person shall remain in compliance with the acts and this chapter.
(4) For certification of a firm, the certified [person shall continue to direct] individual shall remain in responsible charge of the radon-related activities. The certified [person] individual shall have his duties and responsibilities listed in the firm's certification application.
(5) Certified individuals shall pass blind studies conducted by the Department. The individual measurement results of the blind study must achieve an individual RPE of less than or equal to ±25% of the RV.
(b) The Department may suspend certification if a condition of certification is violated. The Department will publish notice of the suspension in the Pennsylvania Bulletin.
§ 240.204. Certification renewal.
(a) An application for certification renewal [shall] must contain the contents required in an initial certification application, except that the Department may permit an applicant to rely on information previously submitted if the information remains the same. A certification renewal application shall be issued or denied according to the criteria in § 240.201 (relating to criteria for [certification] issuance or denial of certifications or course provider applications).
(b) Prior to the expiration of radon certification, a person who intends to continue to provide radon-related services in this Commonwealth shall submit an application for certification renewal. To avoid a lapse in certification, an applicant for certification renewal shall file an application at least 30 days prior to the expiration of the current certification. Submitting a renewal application does not extend the previous certification period. The certified person is responsible to make a timely application for certification renewal.
(c) For an application from a radon service provider postmarked after the expiration of the certification, the following criteria will determine application requirements:
(1) An individual certification application postmarked prior to 1 year after the expiration of the certification is a renewal application subject to the late application fee in Appendix A (relating to radon certification fee schedule).
(2) An individual certification application postmarked 1 year or more after expiration of certification is an initial application subject to the initial application fee in Appendix A. The application is not subject to the late application fee set forth in Appendix A.
§ 240.205. Certification modification.
The terms and conditions of a certification are subject to amendment, revision or modification by the Department for a violation of the acts, this chapter or a term or condition of the certification, or for a false statement made to the Department by the certified party, or for a change of condition which would warrant the issuance or denial of a certification on the basis of an original application.
Subchapter D. OPERATION REQUIREMENTS § 240.301. Advertising.
A person may not advertise a radon-related service or product with false or misleading statements regarding the [offered service or product, or the risks to health] services or products offered, health effects or property value. A person required to obtain certification may not advertise a service or product, unless the person [has previously obtained] currently holds a valid certification from the Department to perform that service or provide that product. Advertising for a radon-related service or product must include the valid Department certification number of the certified individual providing that service.
§ 240.302. [Notice to clients] Required client information.
(a) A person may not test, mitigate against radon or provide a radon-related service or product without first offering the potential client a price list of services offered, and providing evidence of certification and a notice that only persons certified under the act and this chapter may provide the services or products. For [a person who mitigates against radon] mitigators, a written estimate for services shall constitute a price list. The notice [shall] must read substantially as follows:
NOTICE TO CLIENTS: [The Radon Certification Act requires that anyone who provides any radon-related service or product to the general public must be certified by the Pennsylvania Department of Environmental Protection. You are entitled to evidence of certification from any person who provides such services or products. You are also entitled to a price list for services or products offered. All radon measurement data will be sent to the Department as required in the Act and will be kept confidential. If you have any questions, comments or complaints concerning persons who provide radon-related services, please contact the Department at the Bureau of Radiation Protection, Department of Environmental Protection, P.O. Box 8469, Harrisburg, Pa. 17105-8469, (717) 783-3594.]Pennsylvania law requires that anyone who performs radon testing, mitigation or laboratory analysis activities for the general public must be currently certified by the Pennsylvania Department of Environmental Protection (DEP). Any person providing these radon services shall present to the client a current Department-issued photo identification card upon request. If you have questions, you may contact DEP at the Bureau of Radiation Protection, Department of Environmental Protection, P.O. Box 8469, Harrisburg, Pa. 17105-8469, (717) 783-3594.(b) For a person performing mitigation, warranty information, if offered, and information on the proper method of checking and servicing of mitigation equipment to maintain its function shall be provided in writing to the client.
§ 240.303. Reporting of information.
[(a) Within 45 days after testing, mitigation or other radon-related service is provided, the person providing the service shall submit to the Department in a format approved by the Department the results of testing, including screening measurements, follow-up measurements, premitigation measurements, postmitigation measurements and the method used to mitigate against radon contamination. If no testing, mitigation or radon-related service has been provided during this 45-day period, that person shall inform the Department of same in writing. Anyone required to provide this 45-day reporting who does not report within 90 days of the completion of the activity will be subject to the Late 45-Day Reporting Fee as set forth in Appendix A (relating to radon certification fee schedule). At a minimum, these results will be retained for 2 years. The information must include:
(1) The name of the person providing the service.
(2) The name and address of the owner or occupant of the building involved.
(3) The address and location of the building involved, including street and number, post office, full zip code and county.
(4) The date each measurement was taken, or the mitigation performed.
(5) The type of house or building, the types of measurements, location within the building of specific measurements, and the results in picocuries per liter or in working levels.
(6) The type and price of mitigation system installed.
(b) Within 45 days after testing, mitigation or other radon-related service is provided, the person providing radon-related services shall report in writing to the owner or occupier of the building the results in picocuries per liter and when appropriate in working levels of radon measurements taken in the building. If a person provides the service through a certified intermediary, it is the responsibility of the intermediary to report the results.
(c) For a person performing mitigation, each building shall be tested for radon levels before and after the mitigation is performed. Each test must be at least 48 hours in duration and follow EPA- or DEP-approved protocols. The postmitigation test shall be conducted no sooner than 24 hours after completion of the mitigation. The results of radon testing shall be reported in accordance with this section.]
This section specifies reporting requirements for testing, mitigation and other radon-related services.
(1) Laboratory reporting and primary tester reporting.
(i) A primary tester performing analyses or a certified individual performing laboratory analyses shall report test results to the Department within 45 days of the analysis date. If a radon-related analysis is not provided during a 45-day period, the certified individual shall inform the Department by the end of that 45-day period in a format approved by the Department. Radon tests used for diagnostic purposes must be identified as ''diagnostic'' when submitted to the laboratory. The information must include all of the following:
(A) The name and certification number of the person certified to provide the testing or laboratory analysis service.
(B) The address of the building tested, including street and number, post office, full zip code and county.
(C) The begin and end date of each measurement, measurement method and locations in the building.
(D) The type of house or building, the types of measurement devices used, the locations within the building of specific measurements and the results in picocuries per liter.
(E) The operational status of the mitigation system at the test site.
(F) The date the analysis was performed.
(G) The serial number of the CRM or electret reader.
(ii) The primary certified individual shall retain for 5 years the test result documentation identified in subparagraph (i).
(iii) The following test results should not be reported to the Department:
(A) An invalid test.
(B) A diagnostic test.
(C) A measurement performed only for QA.
(2) Mitigation reporting.
(i) A mitigation certified individual shall report the mitigation activity results to the Department within 45 days of the mitigation system initial fan activation or the alteration to an existing mitigation system. If mitigation activity is not performed during a 45-day period, the certified individual shall inform the Department by the end of that 45-day period in a format approved by the Department. The reported information must include all of the following:
(A) The name and certification number of the person providing the service.
(B) The address of the building involved, including street and number, post office, full zip code and county.
(C) The date of the initial fan activation or the alteration to an existing mitigation system.
(D) The type of house or building.
(E) The type of mitigation installation or alteration.
(F) The cost to the client.
(G) The postmitigation result.
(ii) The mitigation certified individual shall retain for 5 years the mitigation activity result documentation identified in subparagraph (i).
(3) Reporting to client. Within 10 days after testing or laboratory analysis is provided, the person providing radon-related services shall report in writing to the client the results in picocuries per liter and, when appropriate, in WLs of radon measurements taken in the building. If a secondary tester provides the service through a certified laboratory, it is the responsibility of the certified individual to report the results to the client.
(4) Postmitigation testing and reporting. For a person performing mitigation, each building shall be tested for radon levels before and after the mitigation is performed. Each test must be at least 48 hours in duration and follow Department-approved protocols, § 240.308(e) (relating to radon mitigation standards) after system installation and § 240.309 (relating to testing protocols). The postmitigation test shall be conducted no sooner than 24 hours after completion of the mitigation. The results of the postmitigation test shall be reported in accordance with this section.
§ 240.304. [Quality assurance program] (Reserved).
[A person conducting radon testing or radon laboratory analysis activities shall have a quality assurance program to assure that measurements are accurate and errors are controlled. The program shall insure that testing devices are routinely and properly calibrated. The program shall provide the information related to the following activities:
(1) Organization and responsibilities.
(2) Sampling procedures.
(3) Detector custody.
(4) Analytical procedures.
(5) Data reduction, validation and reporting.
(6) Corrective action.
(7) Quality assurance reports to management.]
§ 240.305. Health and safety program.
[A person conducting radon-related activities] A certified individual shall have a radon health and safety program to protect himself and [employes] firm employees from exposure to radon [during the course of their employment]. The program [shall] must include records of each [individual's] mitigator's exposure to radon during the course of employment. [Persons conducting radon-related activities shall maintain exposure to radon as low as reasonably achievable.] The certified individual shall record the items on the form in Appendix C (relating to radon exposure tracking record) and retain the records for a period of 5 years. Testers and mitigators shall maintain exposure to radon ALARA. A tester or mitigator may not exceed 4 WLM/yr in radon exposure.
§ 240.306. Continuing education program.
[A person conducting radon-related activities shall have a radon education program to assure that the applicant and all employees have a minimum of 4 hours initial training, and the certified person shall participate in a continuing education program consisting of a minimum of 8 hours of Department-approved courses or seminars on radon testing or mitigation each year. Course providers are required to submit course information as requested by the Department and the Course Provider Fee as set forth in Appendix A (relating to radon certification fee schedule) prior to Department approval of any course.] Upon certification renewal, the certified individual shall submit to the Department proof of having satisfactorily completed 16 credit hours of Department-approved continuing education courses or Department-approved equivalent. Continuing education credit hours may only be used for one certification period for each certification activity.
§ 240.307. [EPA Radon Measurement Proficiency Program] Radon measurement proficiency program.
[A person conducting radon testing or radon laboratory activities shall provide written evidence of successful participation in the most recent EPA Radon/Radon Progeny Measurement Proficiency Program or an alternative program approved by the Department for each radon measurement utilized.] An initial laboratory individual applicant, initial primary testing individual applicant, or an applicant applying to add a new primary testing or laboratory device shall provide written evidence of successful participation in a Department-approved radon measurement proficiency program for each model type.
§ 240.308. [Testing and mitigation protocols] Radon mitigation standards.
(a) Terminal discharge. To prevent re-entrainment of radon, fan discharges of depressurization systems, whether fan-powered or passive, must meet all of the following requirements:
(1) The termination point must be vertical, upward, outside the structure and discharging to the atmosphere. Rain caps or terminal bends may not be used.
(2) For vent pipes attached to the side of a building, the termination point must be above the immediate edge of the roof.
(3) For vent pipes that penetrate the roof, the termination point must be at least 12 inches above the surface of the roof.
(4) The termination point must be 10 feet or more above the ground level nearest to the point of discharge.
(5) The termination point must be 10 feet or more from an operable window unit, door or other opening into conditioned spaces unless it is 2 feet above the top of the openings. The 10-foot distance may be measured directly between the opening and the exhaust point or with a flexible tape following the shortest path possible around intervening solid objects. A chimney is not considered an opening into conditioned spaces.
(6) The termination point must be 10 feet or more horizontally from a vertical wall that extends above the roof.
(7) The termination point must be 10 feet or more from an opening into an adjacent structure.
(b) Fan location. A radon fan used in active soil depressurization or a block wall depressurization system may not be installed:
(1) Below grade or in the heated or cooled space of a building.
(2) In a basement, crawl space or other interior location directly beneath the heated or cooled spaces of a building.
(c) Sealing.
(1) When accessible, the following are required to be adequately sealed with urethane caulk or equivalent material using methods and materials that are permanent and durable when installing a mitigation system:
(i) Perimeter channel drains.
(ii) Cracks that exist where the slab meets the foundation wall (floor wall joint).
(iii) Openings or cracks in the foundation or at expansion or control joint.
(2) When the opening or channel is greater than 1/2 inch in width, a foam backer rod or other equivalent filler material shall be inserted into the channel before application of the sealant. Materials inserted into the channel must leave adequate space below the filler material to allow subsurface drainage from the channel into the subslab material.
(3) If the mitigator and homeowner determine that the perimeter channel drain cannot be sealed for water control reasons, or that openings or cracks are inaccessible, then the mitigator may leave those areas unsealed and shall provide the following written statements to the homeowner:
(i) This technique may contribute to an increased heating and cooling penalty.
(ii) This technique may decrease the efficiency of the radon mitigation system.
(iii) This technique may increase the potential for backdrafting natural draft combustion appliances.
(d) Labeling.
(1) If the mitigation system is accessible and visible, a system description label shall be prominently and permanently affixed to the mitigation system piping. If the mitigation system is concealed or not accessible, then the label shall be placed in another prominent location. The label must be legible from a distance of at least 3 feet and include all of the following information:
(i) ''Radon Reduction System.''
(ii) The name and certification number of the mitigation certified individual.
(iii) The contact telephone number of the mitigator.
(iv) The date of installation.
(v) ''Building should be tested for radon at least every two years.''
(2) Each exposed and visible interior radon mitigation system vent pipe section shall be identified with at least one label on each floor level. The label must read ''Radon Reduction System.''
(e) Required client information. Upon completion of the mitigation project, the mitigator shall attach an information package to the mitigation system in a secure and permanent manner, visible location and labeled ''Radon Mitigation Information.'' The information package must include all of the following:
(1) A completed copy of the Radon Mitigation Project Record from ''Pennsylvania Radon Mitigation Standards,'' 294-2309-002, October 1, 1997, Appendix A.
(2) A copy of contracts and warranties for the mitigation system.
(3) A description of the installed mitigation system and its basic operating principles.
(4) A description of the proper operating procedures of installed mechanical or electrical systems, including the manufacturer's operation and maintenance instructions, drain-filling instructions and warning device interpretations.
(5) A list of appropriate actions for the client to take if the system failure warning device indicates system degradation or failure.
(6) A recommendation to retest at least every 2 years.
(7) A recommendation to have an electrical inspection performed on the applicable components of the installed system.
(f) Compliance. A person conducting radon [testing or mitigation for radon contamination] mitigation activities shall conduct the [testing and] mitigation in accordance with [EPA- or DEP-approved protocols] Department-approved mitigation standards and shall comply with applicable statutes, regulations, ordinances and building codes. The following protocols, ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' ''Indoor Radon and Radon Decay Product Measurement Device Protocols'' and ''Pennsylvania Radon Mitigation Standards'' are available upon request from the following sources:
Environmental Protection Agency
Office of Radiation Programs
Washington, D.C. 20460Department of Environmental Protection
Bureau of Radiation Protection
Rachel Carson State Office Building, 13th Floor
400 Market Street
Post Office Box 8469
Harrisburg, Pennsylvania 17105-8469(Editor's Note: The following section is proposed to be added and printed in regular type to enhance readability.)
§ 240.309. Testing protocols.
(a) Radon testing protocols. The certified individual shall ensure that the requirements in this section are completed. For testing that is required to be reported to the Department under § 240.303 (relating to reporting of information), radon testing shall be performed in accordance with all of the following testing protocols:
(1) Placement of testing devices. Testing devices shall be placed as follows:
(i) At least 3 feet from exterior doors, windows or ventilation ducts.
(ii) Out of the direct flow of air.
(iii) At least 1 foot from ceilings and exterior walls.
(iv) At least 20 inches but not more than 6 feet from the floor.
(v) At least 4 inches from other objects horizontally or vertically above the detector.
(vi) At least 4 feet from heat sources including fireplaces, furnaces and direct sunlight.
(vii) At least 7 feet from sump pits.
(viii) Where the device will remain undisturbed during the test period.
(2) Improper placement of testing devices. Testing devices may not be placed in the following locations:
(i) Bathrooms.
(ii) Kitchens.
(iii) Within 10 feet of washer/dryer unit.
(iv) Spa rooms or other areas of high humidity.
(v) Closets.
(vi) Cupboards.
(vii) Sump pits.
(viii) Crawlspaces or nooks within the foundation.
(3) Short-term tests. Short-term tests shall be taken in the lowest livable level of each structural zone that contacts the soil.
(4) Conditions of testing. Testing shall be conducted under the following conditions:
(i) Testing devices must remain undisturbed during the testing period.
(ii) A short-term test must range in duration from 48 hours to 90 days.
(iii) Short-term tests must be conducted under closed-building conditions.
(iv) Closed-building conditions must begin at least 12 hours prior to the beginning of the test period for tests lasting less than 96 hours.
(v) Closed-building conditions consist of all of the following criteria:
(A) All windows must be closed.
(B) All external doors must be closed except for normal entry and exit. Structural openings due to disrepair or structural defects shall be repaired to correct their condition prior to initiation of testing.
(C) Normal operation of permanently installed HVAC systems must continue during closed-building conditions.
(D) Fireplaces, wood stoves and coal stoves may not be operated unless they are normal sources of heat for the building.
(E) Air conditioning systems that recycle interior air may be operated during closed-building conditions.
(F) Whole-house fans may not be operated during the test period. Portable window fans shall be removed from windows or sealed in place. Window air conditioning units may only be operated in a recirculation mode. If the building contains an air handling system, the air handling system may not be set for continuous operation unless the air handling equipment is specifically used for radon control and is labeled accordingly.
(G) In buildings with permanently installed radon mitigation systems, the mitigation system must be functioning during the test period.
(H) Operation of fans, portable dehumidifiers, portable humidifiers, portable air filters and window air conditioners may not create a direct flow of air on the radon testing device.
(vi) All closed-building conditions shall be inspected and documented at the time of placement and retrieval of the detectors.
(vii) Short-term tests of fewer than 96 hours may not be conducted during severe storms or periods of sustained high winds of 30 miles per hour or greater. Local weather forecasts shall be checked and documented prior to placing short-term test devices when the test period is less than 96 hours.
(viii) Instructions describing closed-building conditions required in this section shall be provided to the persons who control the building and shall be documented.
(ix) Only co-located duplicate tests may be averaged.
(5) Minimum requirements for short-term testing.
(i) Simultaneous testing using short-term passive devices.
(A) Simultaneous testing must comprise at least two short-term indoor radon tests conducted simultaneously with identical test devices.
(B) Simultaneous testing devices shall be:
(I) Co-located and the near edges spaced 4 to 5 inches apart.
(II) Exposed for the same test period.
(C) Both tests and the average of the simultaneous tests shall be reported to the client, except as indicated in subclause (II):
(I) If the RPD is greater than 67% for simultaneous test results that are both between 2.0 and 3.9 pCi/L, the tests shall be reported to the client and the cause investigated, documented and corrected.
(II) If the RPD is greater than 36% for simultaneous test results that are both equal to or greater than 4.0 pCi/L, the tests may not be reported to the client, and the cause shall be investigated, documented and corrected.
(D) If one test is equal to or greater than 4.0 pCi/L and one test is less than 4.0 pCi/L, and the higher test is more than twice the amount of the lower test, the tests may not be reported to the client.
(ii) CRM testing.
(A) A CRM must have the capability to integrate and record a new result at least hourly.
(B) The minimum test period is 48 hours, with 44 contiguous hours of usable data to produce a valid average. The first 4 hours of data from a CRM may be discarded.
(C) The contiguous results shall be averaged to produce a result that is reported to the client.
(D) A copy of the hourly printout shall be provided to the client as part of the test results.
(6) Real estate testing. Real estate testing shall be conducted using all of the following anti-tampering procedures:
(i) Testing devices shall be secured against movement by employing anti-tampering methods.
(ii) The buyer, seller, occupant, real estate professional or other individual in control of the property shall sign a Conditions for Short-Term Radon Testing Agreement, which must contain the information in Appendix B (relating to non-interference agreement for real estate radon testing).
(iii) If the Conditions for Short-Term Radon Testing Agreement cannot be signed by the buyer, seller, occupant, real estate professional or other individual in control of the property, the reason shall be documented on the completed agreement.
(iv) A Radon Testing in Progress Notice shall be posted at every building entry and in a conspicuous indoor location. The notice shall be posted upon initiation of a radon test and include all of the following statements:
(A) ''Radon Testing in Progress.''
(B) ''Keep all windows closed.''
(C) ''Keep all exterior doors closed, except for normal entry and exit.''
(D) ''Do not move or touch the radon testing device.''
(7) Multifamily building tests. Multifamily building tests shall be performed in accordance with ANSI/AARST MSMF-2010, ''Protocol for Conducting Radon and Radon Decay Product Measurements in Multifamily Buildings,'' or its equivalent as determined by the Department.
(8) School and commercial building tests. School and commercial building tests shall be performed in accordance with Radon Measurement in Schools (EPA 402-R-92-014) or its equivalent as determined by the Department.
(9) New construction and buildings under renovation. This paragraph provides the testing requirements for new construction and buildings under renovation. A newly constructed building or existing building under renovation may not be tested for radon or radon progeny unless all of the following items have been installed:
(i) Insulation.
(ii) Exterior doors with associated hardware.
(iii) Windows.
(iv) Fireplaces and fireplace dampers, if they are or will be installed.
(v) Heating, air conditioning and plumbing appliances.
(vi) Ceilings.
(vii) Interior trim and coverings for the exterior walls.
(viii) Exterior siding, weatherproofing and caulking.
(ix) Interior and exterior structural components.
(x) Interior or exterior work that may adversely affect the test validity.
(10) Postmitigation testing.
(i) Testing conducted while temporary radon reduction systems are in use may not be used as the postmitigation test.
(ii) The mitigation system must be operated continuously during the entire test period.
(iii) The postmitigation test may not be performed sooner than 24 hours or later than 30 days following the completion and activation of the mitigation system or an alteration to an existing system.
(iv) Postmitigation testing shall be conducted in accordance with this subsection.
(b) Result Report Form.
(1) A tester shall have a Department-approved Result Report Form. Testers shall provide the client with a completed Result Report Form within 10 working days from the completion of the test or the receipt of the test results from the laboratory. The Result Report Form must contain all of the following:
(i) Each test result in pCi/L and rounded to one decimal place. Standard mathematical rules for rounding shall be followed.
(ii) Notification of an invalid radon test with an explanation and without a test result given.
(iii) The average of co-located test device results as well as the individual results.
(iv) The exact start and stop dates and times of the test period.
(v) The complete street address of the test location, including, when applicable, the apartment, suite or building number.
(vi) The test device used and its manufacturer, model and serial number.
(vii) The complete name, street address and telephone number of the tester.
(viii) The name and Department certification number of each tester placing and retrieving each testing device.
(ix) The name and certification number of the laboratory analyzing the testing device, if applicable.
(x) A statement whether a mitigation system was observed in the building during placement or retrieval of the testing device, including whether the mitigation system was operating.
(xi) A statement describing if tampering, interference or deviations from the required test conditions was observed.
(xii) A description of the condition (open, closed or not applicable) of permanent vents that allow outdoor air into the building, such as crawlspace vents or combustion air supply to combustive appliances.
(xiii) A description of severe weather conditions during the test period.
(xiv) The location within the building of each testing device.
(xv) The Pennsylvania ''Notice to Clients'' statement as indicated in § 240.302 (relating to required client information).
(xvi) If using a CRM, a copy of the device printout.
(xvii) If using a CRM or electret reader, the calibration expiration date.
(xviii) If using a CRM or electret reader, the device serial number.
(xix) The following radon health risk information:
Radon is the second leading cause of lung cancer, after smoking. The U.S. Environmental Protection Agency (EPA) and the Surgeon General strongly recommend taking further action when the home's radon test results are 4.0 pCi/L or greater. The national average indoor radon level is about 1.3 pCi/L. The higher the home's radon level the greater the health risk to you and your family. Reducing your radon levels can be done easily, effectively and fairly inexpensively. Even homes with very high radon levels can be reduced below 4.0 pCi/L. For further information about reducing elevated radon levels, please refer to the ''Pennsylvania Citizen's Guide to Radon.''(2) A laboratory shall use a Department-approved Result Report Form. Laboratories shall provide the client with a completed Result Report Form within 10 working days after completion of test analysis. The Result Report Form must contain all of the following:
(i) Each test result in pCi/L and rounded to one decimal place. Standard mathematical rules for rounding shall be followed.
(ii) Notification of invalid radon tests with an explanation and without a test result given.
(iii) The average of co-located testing devices as well as the individual results.
(iv) The exact start and stop dates and times of the test period.
(v) The complete street address of the test location, including, when applicable, the apartment, suite or building number.
(vi) The test device used and its manufacturer, model and serial numbers.
(vii) The name and certification number of the laboratory analyzing the testing device.
(viii) The location within the building of each test device.
(ix) The Pennsylvania ''Notice to Clients'' statement as indicated in § 240.302.
(x) If using a CRM, a copy of the device printout.
(xi) The calibration expiration date of the electret reader or continuous monitor.
(xii) The following radon health risk information:
Radon is the second leading cause of lung cancer, after smoking. The U.S. Environmental Protection Agency (EPA) and the Surgeon General strongly recommend taking further action when the home's radon test results are 4.0 pCi/L or greater. The national average indoor radon level is about 1.3 pCi/L. The higher the home's radon level the greater the health risk to you and your family. Reducing your radon levels can be done easily, effectively and fairly inexpensively. Even homes with very high radon levels can be reduced below 4.0 pCi/L. For further information about reducing elevated radon levels, please refer to the ''Pennsylvania Citizen's Guide to Radon.''
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