[48 Pa.B. 6791]
[Saturday, October 27, 2018]

[Continued from previous Web Page]

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) Obtains certification to do so from a state with which the Department has entered into a reciprocal agreement.

 (2) Conducts that activity in this Commonwealth 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 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 certification from the foreign state.

 (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. 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 the applicant that the information contained in the application is correct to the best of the applicant's information and belief.

 (b) Within 10 business 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.

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 (1) An application may be withdrawn before Department approval is granted.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 may request to have the application reinstated prior to expiration of current certification.

 (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 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 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 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 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 all activities as described in the approved application.

 (2) The certified person shall allow the Department, its agents and 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 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 individual shall remain in responsible charge of the radon-related activities. The certified individual shall have his duties and responsibilities listed in the firm's certification application.

 (5) Certified testing and laboratory individuals shall pass blind studies conducted by the Department. The individual measurement results of the blind study must achieve an individual relative percent error of less than or equal to ±25% of the reference value. The blind study is conducted without the knowledge of the certified individual so that no special precaution is taken during the measurement device analysis. Blind studies are designed to assess the performance of the measurement device to ensure that clients are receiving accurate and precise results.

 (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 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 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 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 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. 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 mitigators, a written estimate for services shall constitute a price list. The notice must read substantially as follows:

NOTICE TO CLIENTS:

 Pennsylvania law requires that anyone who performs radon testing, mitigation or laboratory analysis activities 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.

 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 as available:

 (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 after 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 business days after testing or laboratory analysis is provided, the person providing radon-related services shall report in writing to the client and to the owner or occupant the results in picocuries per liter and, when appropriate, in WLs of radon measurements taken in the building. If a certified tester provides the service through a certified laboratory, it is the responsibility of the certified laboratory to report the results to the client and to the owner or occupant of the building.

 (4) Postmitigation testing and reporting. For a person performing mitigation, each building shall be tested for radon levels after the mitigation is performed. Each test must be at least 48 hours in duration and follow Department-approved protocols in § 240.310 (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 unless the postmitigation test is performed by someone other than the mitigator and the client does not provide the postmitigation test results to the mitigator.

§ 240.304. (Reserved).

§ 240.305. Health and safety program.

 A certified individual shall have a radon health and safety program to protect himself and firm employees from exposure to radon that, at a minimum, includes minimizing one's time in the building and providing fresh air intake from outside air, when appropriate. The program must include records of each mitigator's exposure to radon during the course of employment. 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 may not exceed 4 WLM/yr in radon exposure.

§ 240.306. Continuing education program.

 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.

§ 240.307. Radon measurement proficiency program.

 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. Radon mitigation standards for detached and attached residential buildings three stories or less in height.

 (a) The certified individual shall conduct a thorough visual inspection of the building prior to initiating any radon mitigation work.

 (b) Terminal discharge. To prevent re-entrainment of radon, discharges of depressurization systems, whether fan-powered or passive, must meet all of the following requirements:

 (1) The termination point shall be above the immediate edge of the roof for vent pipes attached to the side of the building.

 (2) The termination point must be vertical, upward, outside the structure and discharging to the atmosphere. A 45-degree elbow is permitted. Rain caps may not be used.

 (3) The termination point must be 10 feet or more above the ground level nearest to the point of discharge.

 (4) 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.

 (5) The termination point must be at least 5 feet horizontally from a vertical wall that extends above the roof or higher than the vertical wall.

 (6) The termination point must be 10 feet or more from an opening into an adjacent structure and be:

 (i) At least 12 inches above the surface of the roof for vent pipes that penetrate the roof.

 (ii) At least 10 feet from any openings of conditioned spaces in the structure.

 (c) Fan location. A radon fan used in active soil depressurization or a block wall depressurization system may not be installed:

 (1) Below grade, in a window well or egress window well, or in the conditioned space of a building.

 (2) In a basement, crawl space or other interior location directly beneath the heated or cooled spaces of a building.

 (d) 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) Expansion or control joints.

 (iv) Openings around utility penetrations of the foundation walls.

 (v) Sump pits that allow entry of soil gas or that allow conditioned air to be drawn into a sub-slab depressurization system.

 (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, then the mitigator may leave those areas unsealed and shall provide the following written statements to the homeowner:

 (i) This technique may contribute to increased heating and cooling costs.

 (ii) This technique may reduce the effectiveness of the radon mitigation system.

 (iii) This technique may increase the potential for backdrafting natural draft combustion appliances.

 (e) 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 or firm.

 (iii) The contact telephone number of the mitigation certified individual or firm.

 (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.''

 (f) 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 copy of contracts and warranties for the mitigation system.

 (2) A description of the installed mitigation system and its basic operating principles.

 (3) 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.

 (4) A list of appropriate actions for the client to take if the system failure warning device indicates system degradation or failure.

 (5) A recommendation to retest at least every 2 years.

 (6) A recommendation to have an electrical inspection performed on the applicable components of the installed system.

 (g) Compliance. A person conducting radon mitigation activities shall conduct the mitigation in accordance with 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 source:

 Department 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

§ 240.310. 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. If the system is not functioning, the client must be notified immediately.

 (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 unusually severe storms or periods of 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.

 (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) Anti-tampering devices shall be employed to indicate if a test device was moved during the testing period.

 (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 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 MAMF-2017, ''Protocol for Conducting Radon and Radon Decay Product Measurements in Multifamily Buildings,'' or its equivalent as determined by the Department.

 (8) Multifamily building mitigation. Multifamily building mitigation shall be performed in accordance with ANSI/AARST RMS-MF 2014, ''Radon Mitigation Standards for Multifamily Buildings,'' or its equivalent as determined by the Department.

 (9) 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.

 (10) 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.

 (11) 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. If the system is not functioning, the client must be notified immediately.

 (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 unless unforeseen circumstances prohibit the testing being performed within this timeframe, such as the owner or occupier refusing or ignoring requests to complete the postmitigation test.

 (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 business 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 as available:

 (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 unusually severe storms or periods of high winds 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 Consumers Guide to Reduction.''

 (2) A laboratory shall use a Department-approved Result Report Form. Laboratories shall provide the client with a completed Result Report Form within 10 business days after completion of test analysis. The Result Report Form must contain all of the following as available:

 (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, as available.

 (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, as available.

 (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 Consumers Guide to Reduction.''

Subchapter E. ENFORCEMENT AND DECERTIFICATION

§ 240.401. Inspection.

 (a) The Department and its agents and employees will:

*  *  *  *  *

 (b) The Department, its agents and employees may conduct inspections of a building, property, premises or place of business of a person who conducts radon-related activities if a person presents information to the Department or the Department has access to information which gives it reason to believe that one of the following exists:

*  *  *  *  *

 (c) An agent or employee of the Department may not enter a private residence for the purpose of conducting an inspection under this section without a search warrant or without the consent of the occupant.

*  *  *  *  *

Subchapter F. (Reserved)

§ 240.501. (Reserved).

§ 240.502. (Reserved).

Subchapter G. QA REQUIREMENTS

Sec.

240.601.	Scope.
240.602.	General requirements.
240.603.	QA program.
240.604.	QA requirements for testing using primary devices.
240.605.	QA requirements for testing using secondary devices.
240.606.	QA requirements for laboratories.

§ 240.601. Scope.

 (a) This subchapter applies to QA requirements for:

 (1) Persons conducting radon testing and radon laboratory analysis activities.

 (2) Testing devices listed with the Department on the individual's certification.

 (b) The subchapter does not apply to tests performed for the sole purpose of diagnostic testing.

§ 240.602. General requirements.

 (a) The certified individual is responsible for all requirements in this subchapter, including when QA activities are performed by others.

 (b) QA requirements and corrective actions in this section shall be documented and the records retained for a minimum of 5 years.

§ 240.603. QA program.

 A person conducting radon testing or radon laboratory analysis activities shall have a QA program to ensure the measurements are accurate and errors are controlled. The program must ensure that testing devices are routinely and properly calibrated. The program shall provide the information related to all of 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) QA reports to management.

§ 240.604. QA requirements for testing using primary devices.

 (a) CRMs for primary testers.

 (1) Calibration. Each Department-listed CRM must have a current calibration. To have a current calibration, the CRM shall be calibrated in a Department-approved calibration facility within 1 year from the date of the previous calibration and when alterations or repairs are made to the CRM.

 (2) Background measurements. Background measurements shall be performed and documented after every 1,000 hours of operation of scintillation cell-type CRM. These background measurements shall be checked by purging the unit with clean, aged air or nitrogen in accordance with the manufacturer's instructions. For all CRMs, the background shall be monitored in accordance with the manufacturer's instructions.

 (3) Check source counting. For a CRM with a check source, check source counting shall be documented and completed with that check source prior to each test.

 (4) Routine instrument checks. Before and after each measurement, the CRM shall be checked according to the manufacturer's instructions. For each check, all of the following shall be verified:

 (i) The correct input parameters and the unit's clock or timer are set properly.

 (ii) The pump's flow rates are within the range of the manufacturer's specifications.

 (5) Data collection log.

 (i) CRM data shall be tracked on a form that contains all of the following:

 (A) The CRM serial number.

 (B) The exposure dates and times.

 (C) The test result.

 (D) The address of the building tested.

 (E) The test location in the building.

 (F) The name of the tester who placed the CRM.

 (G) The name of the tester who retrieved the CRM.

 (H) The calibration, repair and Department listing dates.

 (ii) For a CRM without a check source, the data collection log must also contain all of the following intercomparison measurement information:

 (A) The intercomparison devices' serial numbers.

 (B) The RPD value.

 (C) The intercomparison measurements results.

 (6) Intercomparison measurements. An intercomparison measurement shall be performed for each CRM without a check source.

 (i) Intercomparison measurements shall be made at least every tenth test with another Department-listed passive device that is analyzed by a Department-certified laboratory or with another CRM with a hard copy printout. The intercomparison measurements shall be distributed systematically throughout the entire population of test locations. Original printouts or Department-certified laboratory results, or both, shall be kept for each intercomparison. Each intercomparison measurement must be performed with the devices side by side for the measurement for at least 48 hours.

 (ii) For intercomparison measurements, the RPD shall be used to track performance. The RPD value shall be tracked using control charts from ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibits B-2 and B-3.

 (iii) If the RPD value exceeds the control limit, the CRM may not be used for radon measurements until the problem is identified and corrected. If the RPD value exceeds the warning level, the criteria in ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibit B-5, shall be followed.

 (iv) In addition to the control charts, intercomparison measurements shall be documented on the CRM data collection log.

 (b) CWLMs for primary testers.

 (1) Calibration. Each Department-listed CWLM must have a current calibration. To have a current calibration, the CWLM shall be calibrated in a Department-approved calibration facility within 1 year from the date of the previous calibration and when alterations or repairs are made to the CWLM.

 (2) Background measurements. CWLM background measurements shall be performed and documented at least every 168 hours of operation and when the unit is calibrated.

 (3) Routine instrument checks. Routine instrument checks for each CWLM shall be documented and performed before and after each test by using an Am-241 or similar energy check source. Pumps and flow meters shall be checked in accordance with the manufacturer's instructions and documented. The pump and flow meter check shall be performed with a dry-gas meter or other flow measurement device of traceable accuracy.

 (4) Data collection log.

 (i) CWLM data shall be tracked on a form that contains all of the following:

 (A) The CWLM serial number.

 (B) The exposure dates and times.

 (C) The test result.

 (D) The address of the building tested.

 (E) The test location in the building.

 (F) The name of the tester who placed the CWLM.

 (G) The name of the tester who retrieved the CWLM.

 (H) The calibration, repair and Department listing dates.

 (ii) For CWLMs without a check source, the data collection log must also contain all of the following intercomparison measurement information:

 (A) The intercomparison devices' serial numbers.

 (B) The RPE value or RPD value.

 (C) The intercomparison measurement results.

 (5) Intercomparison measurements. An intercomparison measurement shall be performed for each CWLM monitor without a check source.

 (i) A CWLM without check source capability must have an informal intercomparison measurement made with another CWLM with a hard copy printout at least every tenth test. This printout shall be retained for each intercomparison. The intercomparison measurements shall be distributed systematically throughout the entire population of test locations. Each intercomparison measurement must be performed with the devices side by side for the measurement for at least 48 hours.

 (ii) Each intercomparison shall be documented on the data collection log.

 (iii) For intercomparison measurements the RPD shall be used to track performance. The RPD value shall be tracked using control charts from ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibits B-2 and B-3.

 (iv) If the RPD value exceeds the control limit, the CWLM may not be used for radon measurements until the problem is identified and corrected. If the RPD value exceeds the warning level, the criteria in ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibit B-5, shall be followed.

 (c) Electret ion chambers for primary testers.

 (1) Calibration. Each Department-listed electret reader must have a current calibration. To have a current calibration, the electret reader shall be calibrated in a Department-approved calibration facility within 1 year from the date of the previous calibration and when alterations or repairs are made to the electret reader. Each electret reader shall be calibrated simultaneously with its corresponding reference electret's recertification.

 (2) Data collection log. Electret custody shall be tracked on a form that contains all of the following:

 (i) The electret serial number.

 (ii) The initial voltage reading.

 (iii) The final voltage reading.

 (iv) The exposure dates and times.

 (v) The test result.

 (vi) The serial number of duplicate electret.

 (vii) The RPD value.

 (viii) The address of the building tested.

 (ix) The test location in the building.

 (x) The name of the tester who placed the electret.

 (xi) The name of the tester who retrieved the electret.

 (3) Known exposure measurements (spikes).

 (i) Spikes shall be conducted at a rate of 3 for each 100 test devices deployed, with a minimum of 3 spikes for each certification year when tests were conducted in the certification year, and with a maximum of 6 spikes each month.

 (ii) Spikes shall be analyzed in the same manner as all other testing.

 (iii) Spikes shall be monitored using a means control chart. The means control chart must be established as follows:

 (A) Using an RPE value of plus and minus 10%, which corresponds to the 1 sigma level.

 (B) A warning level of the RPE of plus and minus 20%, which corresponds to the 2 sigma warning level.

 (C) Control limits of the RPE of plus and minus 30%, which corresponds to the 3 sigma control level.

 (iv) Each RPE value shall be plotted on the means control chart within 1 week of return of the device from the chamber. If the RPE value is outside the 3 sigma control level, all measurements shall cease until the problem is evaluated and corrected. All evaluations shall be documented.

 (v) In addition to the means control chart, all spikes shall be documented on a form that contains all of the following:

 (A) The radon chamber name.

 (B) The electret serial numbers.

 (C) The RV from radon chamber.

 (D) The measured spike value or values.

 (E) The individual RPE results.

 (F) The certification year beginning date and end date.

 (G) The exposure dates.

 (4) Duplicate measurements.

 (i) Duplicates shall be made in at least 10% of the total number of test devices deployed each month, or 50 each month, whichever is smaller.

 (ii) The RPD shall be calculated for all duplicate results with an average of greater than or equal to 2.0 pCi/L. Two control charts shall be constructed to monitor duplicate precision:

 (A) One for duplicates when the average is greater than or equal to 4.0 pCi/L.

 (B) One for duplicates when the average is greater than or equal to 2.0 pCi/L and less than 4.0 pCi/L.

 (iii) Each RPD value shall be plotted on the control chart within 1 week of performing the duplicate measurement.

 (iv) The RPD shall be tracked using control charts from ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibits B-2 and B-3.

 (v) For duplicates when the average is greater than or equal to 4.0 pCi/L, all of the following apply:

 (A) The control level shall be set at an RPD of 14%.

 (B) The warning level shall be set at an RPD of 28%.

 (C) The control limit shall be set at an RPD of 36%.

 (vi) For duplicates when the average is greater than or equal to 2.0 pCi/L and less than 4.0 pCi/L, all of the following apply:

 (A) The control level shall be set at an RPD of 25%.

 (B) The warning level shall be set at an RPD of 50%.

 (C) The control limit shall be set at an RPD of 67%.

 (vii) If the plotted RPD result falls outside of the control limit, the measurements shall cease until the problem is identified and corrected.

 (viii) If the plotted RPD result falls outside of the warning level, ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibit B-5, shall be used to determine the action to be taken.

 (ix) Documentation of duplicates must include all of the following:

 (A) The device serial numbers.

 (B) The exposure dates.

 (C) Each duplicate measurement result.

 (D) The RPD results.

 (5) Voltmeter routine instrument checks.

 (i) Proper operation of the surface voltmeter shall be monitored following the manufacturer's procedures for analyzing the reference electrets and zeroing the voltmeter.

 (ii) A voltage reading of a reference electret difference of more than 2 volts from the reference electret specified value shall be considered a wrong reading. The second reference electret in the set shall be read to determine whether the wrong reading is in the first reference electret or in the reader. Corrective action shall be taken in consultation with the manufacturer.

 (iii) When zeroing the reader, if the voltmeter displays more than (±) 3 volts, corrective action shall be taken in consultation with the manufacturer.

 (iv) Voltmeter checks shall be conducted at least once each week while the voltmeter is in use and shall be documented. Documentation of routine instrument checks must include all of the following:

 (A) The reader serial number.

 (B) The date of analysis.

 (C) Zero value.

 (D) The reference electret values.

 (E) Corrective actions performed.

§ 240.605. QA requirements for testing using secondary devices.

 (a) CRMs for secondary testers.

 (1) Calibration. Each Department-listed CRM must have a current calibration. To have a current calibration, the CRM shall be calibrated in a Department-approved calibration facility within 1 year from the date of the previous calibration and when alterations or repairs are made to the CRM. A current calibration certificate shall be retained for each monitor.

 (2) Check source counting. For a CRM with a check source, check source counting shall be documented and completed with that check source prior to each test.

 (3) Routine instrument checks. Before and after each measurement, the CRM shall be checked according to the manufacturer's instructions. For each check, all of the following shall be verified:

 (i) The correct input parameters and the unit's clock or timer are set properly.

 (ii) The pump's flow rates are within the range of the manufacturer's specifications.

 (4) Data collection log.

 (i) CRM data shall be tracked on a form that contains all of the following:

 (A) The CRM serial number.

 (B) The exposure dates and times.

 (C) The test result.

 (D) The address of the building tested.

 (E) The test location in the building.

 (F) The name of the tester who placed the CRM.

 (G) The name of the tester who retrieved the CRM.

 (H) The calibration, repair and Department listing dates.

 (ii) For a CRM without a check source, the data collection log must also contain all of the following intercomparison measurement information:

 (A) The intercomparison device serial number.

 (B) The RPE value or RPD value.

 (C) The intercomparison measurement result.

 (5) Intercomparison measurements. An intercomparison measurement shall be performed for each CRM without a check source.

 (i) Intercomparison measurements shall be made at least every tenth test with another Department-listed passive device that is analyzed by a Department-certified laboratory or with another CRM with a hard copy printout. The intercomparison measurements shall be distributed systematically throughout the entire population of test locations. Original printouts or Department-certified laboratory results, or both, shall be kept for each intercomparison. Each intercomparison measurement must be performed with the devices side by side for the measurement for at least 48 hours.

 (ii) When performing intercomparison measurements, the RPD shall be used to track performance. The RPD value shall be tracked using control charts from ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibits B-2 and B-3.

 (iii) If the RPD value exceeds the control limit, the CRM may not be used for radon measurements until the problem is identified and corrected. If the RPD value exceeds the warning level, the criteria in the ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibit B-5, shall be followed.

 (iv) In addition to the control charts, intercomparison measurements shall be documented on the CRM data collection log.

 (b) CWLM for secondary testers.

 (1) Calibration. Each Department-listed CWLM must have a current calibration. To have a current calibration, the CWLM shall be calibrated in a Department-approved calibration facility within 1 year from the date of the previous calibration and when alterations or repairs are made to the CWLM. A current calibration certificate shall be retained for each monitor.

 (2) Data collection log.

 (i) CWLM data shall be tracked on a form that contains all of the following:

 (A) The CWLM serial number.

 (B) The exposure dates and times.

 (C) The test result.

 (D) The address of the building tested.

 (E) The test location in the building.

 (F) The name of the tester who placed the CWLM.

 (G) The name of the tester who retrieved the CWLM.

 (H) The calibration, repair and Department listing dates.

 (ii) For CWLMs without a check source, the data collection log must also contain all of the following intercomparison measurement information:

 (A) The intercomparison device serial number.

 (B) The RPD value.

 (C) The intercomparison measurement result.

 (3) Intercomparison measurements. An intercomparison measurement shall be performed for all CWLM monitors without a check source.

 (i) A CWLM without check source capability shall have an informal intercomparison measurement made with another CWLM with a hard copy printout at least every tenth test. This printout shall be retained for each intercomparison. The intercomparison measurements shall be distributed systematically throughout the entire population of test locations. Each intercomparison measurement must be performed with the devices side by side for the measurement for at least 48 hours.

 (ii) Each intercomparison shall be documented on the data collection log.

 (iii) When performing intercomparison measurements, the RPD shall be used to track performance. The RPD value shall be tracked using control charts from ''Protocols for Radon and Radon Decay product measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibits B-2 and B-3.

 (iv) If the RPD value exceeds the control limit, the CWLM may not be used for radon measurements until the problem is identified and corrected. If the RPD value exceeds the warning level, the criteria in the ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibit B-5, shall be followed.

 (c) Electret ion chambers for secondary testers.

 (1) Data collection log. Electret data shall be tracked on a form that contains all of the following:

 (i) The electret serial number.

 (ii) The initial voltage reading.

 (iii) The final voltage reading.

 (iv) The exposure dates and times.

 (v) The test results.

 (vi) The serial number of duplicate electret.

 (vii) The RPD value.

 (viii) The address of the building tested.

 (ix) The test location in the building.

 (x) The name of the tester who placed the electret.

 (xi) The name of the tester who retrieved the electret.

 (2) Known exposure measurements (spikes).

 (i) Spikes shall be conducted at a rate of 3 for each 100 test devices deployed, with a minimum of 3 spikes for each certification year when tests were conducted in the certification year, and with a maximum of 6 spikes each month.

 (ii) Spikes shall be submitted to a Department-certified laboratory labeled as QA. The RV of the spiked device may not be revealed to the laboratory prior to analysis.

 (iii) Spikes shall be monitored using a means control chart. The means control chart must be established as follows:

 (A) Using an RPE value of plus and minus 10%, which corresponds to the 1 sigma level.

 (B) A warning level of the RPE of plus and minus 20%, which corresponds to the 2 sigma warning level.

 (C) Control limits of the RPE of plus and minus 30%, which correspond to the 3 sigma control level.

 (iv) Each RPE value shall be plotted on the means control chart within 1 week of return of the device from the chamber. If the RPE value is outside the 3 sigma control level, all measurements shall cease until the problem is evaluated and corrected. All evaluations shall be documented.

 (v) In addition to the means control chart, all spikes shall be documented on a form that contains all of the following:

 (A) The radon chamber name.

 (B) The electret serial numbers.

 (C) The RV from radon chamber.

 (D) The measured spike value or values.

 (E) The individual RPE results.

 (F) The certification year beginning date and end date.

 (G) The exposure dates.

 (3) Duplicate measurements.

 (i) Duplicates shall be made in at least 10% of the total number of test devices deployed each month, or 50 each month, whichever is smaller.

 (ii) The RPD shall be calculated for all duplicate results with an average of greater than or equal to 2.0 pCi/L. Two control charts shall be constructed to monitor duplicate precision:

 (A) One for duplicates when the average is greater than or equal to 4.0 pCi/L.

 (B) One for duplicates when the average is greater than or equal to 2.0 pCi/L and less than 4.0 pCi/L.

 (iii) Each RPD value shall be plotted on the control chart within 1 week of performing the duplicate measurement.

 (iv) The RPD shall be tracked using control charts from ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibits B-2 and B-3.

 (v) For duplicates when the average is greater than or equal to 4.0 pCi/L, all of the following apply:

 (A) The control level shall be set at an RPD of 14%.

 (B) The warning level shall be set at an RPD of 28%.

 (C) The control limit shall be set at an RPD of 36%.

 (vi) For duplicates when the average is greater than or equal to 2.0 pCi/L and less than 4.0 pCi/L, all of the following apply:

 (A) The control level shall be set at an RPD of 25%.

 (B) The warning level shall be set at an RPD of 50%.

 (C) The control limit shall be set at an RPD of 67%.

 (vii) If the plotted RPD result falls outside of the control limit, the measurements shall cease until the problem is identified and corrected.

 (viii) If the plotted RPD result falls outside of the warning level, ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibit B-5, shall be used to determine the action to be taken.

 (ix) Documentation of duplicates must include all of the following:

 (A) The device serial numbers.

 (B) The exposure dates.

 (C) Each duplicate measurement result.

 (D) The RPD results.

 (d) LS, AC and ATs for secondary testers.

 (1) Data collection log. Detector data shall be tracked on a form that contains all of the following:

 (i) The device serial number.

 (ii) The serial number of duplicate devices.

 (iii) The serial number of spiked devices.

 (iv) The exposure dates and times.

 (v) The test results.

 (vi) The RPE value or RPD value.

 (vii) The address of the building tested.

 (viii) The test location in the building.

 (ix) The name of the tester who placed the device.

 (x) The name of the tester who retrieved the device.

 (xi) The name of the laboratory to which device was sent.

 (2) Known exposure measurements (spikes).

 (i) Spikes shall be conducted at a rate of 3 for each 100 test devices deployed, with a minimum of 3 spikes for each certification year when tests were conducted in the certification year, and with a maximum of 6 spikes each month.

 (ii) Spikes shall be submitted to a Department-certified laboratory labeled as QA. The RV of the spiked device may not be revealed to the laboratory prior to analysis.

 (iii) Spikes shall be monitored using a means control chart. The means control chart must be established as follows:

 (A) Using an RPE value of plus and minus 10%, which corresponds to the 1 sigma level.

 (B) A warning level of the RPE of plus and minus 20%, which corresponds to the 2 sigma warning level.

 (C) Control limits of the RPE of plus and minus 30%, which correspond to the 3 sigma control level.

 (iv) Each RPE value shall be plotted on the means control chart within 1 week of receiving the result from the laboratory. If the RPE value is outside the 3 sigma control level, all measurements shall cease until the problem is evaluated and corrected. All evaluations shall be documented.

 (v) In addition to the means control chart, all spikes shall be documented on a form that contains all of the following:

 (A) The radon chamber name.

 (B) The device serial numbers.

 (C) The RV from radon chamber.

 (D) The measured spike value or values.

 (E) The individual RPE results.

 (F) The certification year beginning date and end date.

 (G) The exposure dates.

 (3) Duplicate measurements.

 (i) Duplicates shall be made in at least 10% of the total number of test devices deployed each month, or 50 each month, whichever is smaller.

 (ii) The RPD shall be calculated for all duplicate results with an average of greater than or equal to 2.0 pCi/L. Two control charts shall be constructed to monitor duplicate precision:

 (A) One for duplicates when the average is greater than or equal to 4.0 pCi/L.

 (B) One for duplicates when the average is greater than or equal to 2.0 pCi/L and less than 4.0 pCi/L.

 (iii) Each RPD value shall be plotted on the control chart within 1 week of performing the duplicate measurement.

 (iv) The RPD shall be tracked using control charts from ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibits B-2 and B-3.

 (v) For duplicates when the average is greater than or equal to 4.0 pCi/L, all of the following apply:

 (A) The control level shall be set at an RPD of 14%.

 (B) The warning level shall be set at an RPD of 28%.

 (C) The control limit shall be set at an RPD of 36%.

 (vi) For duplicates when the average is greater than or equal to 2.0 pCi/L and less than 4.0 pCi/L, all of the following apply:

 (A) The control level shall be set at an RPD of 25%.

 (B) The warning level shall be set at an RPD of 50%.

 (C) The control limit shall be set at an RPD of 67%.

 (vii) If the plotted RPD result falls outside of the control limit, the measurements shall cease until the problem is identified and corrected.

 (viii) If the plotted RPD result falls outside of the warning level, ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, shall be used to determine the action to be taken.

 (ix) Documentation of duplicates must include all of the following:

 (A) The device serial numbers.

 (B) The exposure dates.

 (C) Each duplicate measurement result.

 (D) The RPD results.

 (4) Field blanks.

 (i) Field blank results shall be monitored and recorded. Field blanks shall be performed at a rate of 5% of the devices that are deployed each month, or 25 each month, whichever is smaller, or a minimum of 1 per certification year, unless tests are not performed. These devices shall be set aside, kept in a low-radon environment and labeled as QA when submitted to the laboratory.

 (ii) If a field blank has a concentration greater than the lowest level of detection (LLD) as established by the laboratory, all of the following shall occur:

 (A) The occurrence shall be documented and reported to the laboratory.

 (B) The cause shall be investigated in conjunction with the laboratory and documented.

 (iii) Documentation of field blanks must include all of the following:

 (A) The device serial numbers.

 (B) The date submitted to laboratory.

 (C) The measurement results.

 (D) The laboratory's reported LLD.

§ 240.606. QA requirements for laboratories.

 (a) CRMs for laboratories.

 (1) Calibration. Each Department-listed CRM must have a current calibration. To have a current calibration, the CRM shall be calibrated in a Department-approved calibration facility within 1 year from the date of the previous calibration and when alterations or repairs are made to the CRM. A current calibration certificate shall be retained for each monitor. Analysis may not be performed on a monitor that was not calibrated during any portion of the testing period.

 (2) Data collection log. CRM data shall be tracked on a form that contains all of the following:

 (i) The CRM serial number.

 (ii) The exposure dates and times.

 (iii) The test result.

 (iv) The address of the building tested.

 (v) The test location in the building.

 (vi) The name of the tester who placed the CRM.

 (vii) The name of the tester who retrieved the CRM.

 (viii) The calibration, repair and Department listing dates.

 (b) CWLM for laboratories.

 (1) Calibration. Each Department-listed CWLM must have a current calibration. To have a current calibration, the CWLM shall be calibrated in a Department-approved calibration facility within 1 year from the date of the previous calibration and when alterations or repairs are made to the CWLM. A current calibration certificate shall be retained for each monitor. Analysis may not be performed on a monitor that was not calibrated during any portion of the testing period.

 (2) Data collection log. CWLM data shall be tracked on a form that contains all of the following:

 (i) The CWLM serial number.

 (ii) The exposure dates and times.

 (iii) The test result.

 (iv) The address of the building tested.

 (v) The test location in the building.

 (vi) The name of the tester who placed the CWLM.

 (vii) The name of the tester who retrieved the CWLM.

 (viii) The calibration, repair and Department listing dates.

 (c) Electret ion chamber for laboratory analysis.

 (1) Calibration. Each Department-listed electret reader shall have a current calibration. To have a current calibration, the electret reader shall be calibrated in a Department-approved calibration facility within 1 year from the date of the previous calibration and when alterations or repairs are made to the electret reader. Each electret reader shall be calibrated simultaneously with its corresponding reference electret's recertification.

 (2) Voltmeter routine instrument checks.

 (i) Proper operation of the surface voltmeter shall be monitored following the manufacturer's procedures for zeroing the voltmeter and analyzing the reference electrets.

 (ii) A voltage reading of a reference electret difference of more than 2 volts from its specified value shall be considered a wrong reading and corrective action shall be taken.

 (iii) If the voltmeter displays more than (±) 3 volts, corrective action shall be taken.

 (iv) Voltmeter checks shall be conducted at least once each week while the voltmeter is in use and shall be documented. Documentation of routine instrument checks must include all of the following:

 (A) The reader serial number.

 (B) The date of analysis.

 (C) Zero value.

 (D) The reference electret values.

 (E) Corrective actions performed.

 (3) Known exposure measurements (spikes).

 (i) Spikes shall be conducted at a rate of 3 for each 100 test devices deployed, with a minimum of 3 spikes for each certification year when tests were conducted in the certification year, and with a maximum of 6 spikes each month.

 (ii) Spikes shall be analyzed in the same manner as all other testing.

 (iii) Spikes shall be monitored using a means control chart. The means control chart must be established as follows:

 (A) Using an RPE value of plus and minus 10%, which corresponds to the 1 sigma level.

 (B) A warning level of the RPE of plus and minus 20%, which corresponds to the 2 sigma warning level.

 (C) Control limits of the RPE of plus and minus 30%, which correspond to the 3 sigma control level.

 (iv) Each RPE value shall be plotted on the means control chart within 1 week of return of the device from the radon chamber. If the RPE value is outside the 3 sigma control level, all measurements shall cease until the problem is evaluated and corrected. All evaluations shall be documented.

 (v) In addition to the means control chart, all spikes shall be documented on a form that contains all of the following:

 (A) The radon chamber name.

 (B) The electret serial numbers.

 (C) The RV from the radon chamber.

 (D) The measured spike value or values.

 (E) The individual RPE results.

 (F) The certification year beginning date and end date.

 (G) The exposure dates.

 (4) Duplicate measurements.

 (i) Duplicates shall be made in at least 10% of the total number of test devices deployed each month, or 50 each month, whichever is smaller.

 (ii) The RPD shall be calculated for all duplicate results with an average of greater than or equal to 2.0 pCi/L. Two control charts shall be constructed to monitor duplicate precision:

 (A) One for duplicates when the average is greater than or equal to 4.0 pCi/L.

 (B) One for duplicates when the average is greater than or equal to 2.0 pCi/L and less than 4.0 pCi/L.

 (iii) Each RPD value shall be plotted on the control chart within 1 week of performing the duplicate measurement.

 (iv) The RPD shall be tracked using control charts from ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibits B-2 and B-3.

 (v) For duplicates when the average is greater than or equal to 4.0 pCi/L, all of the following apply:

 (A) The control level shall be set at an RPD of 14%.

 (B) The warning level shall be set at an RPD of 28%.

 (C) The control limit shall be set at an RPD of 36%.

 (vi) For duplicates when the average is greater than or equal to 2.0 pCi/L and less than 4.0 pCi/L, all of the following apply:

 (A) The control level shall be set at an RPD of 25%.

 (B) The warning level shall be set at an RPD of 50%.

 (C) The control limit shall be set at an RPD of 67%.

 (vii) If the plotted RPD result falls outside of the control limit, the measurements shall cease until the problem is identified and corrected.

 (viii) If the plotted RPD result falls outside of the warning level, ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibit B-5, shall be used to determine the action to be taken.

 (ix) Documentation of duplicates must include all of the following:

 (A) The device serial numbers.

 (B) The exposure dates.

 (C) Each duplicate measurement result.

 (D) The RPD results.

 (d) AC and LS.

 (1) Calibration. All AC or LS laboratory systems shall be calibrated at least once every 12 months, when alterations or repairs are made to the system, or when a new batch of charcoal is received. This requires a determination of calibration factors for AC and LS devices by the exposure of these devices to a known concentration of radon in a Department-approved radon chamber. Calibration factors shall be determined for a range of exposure times and humidity levels.

 (2) Laboratory control devices. The laboratory background level for each batch of AC and LS devices shall be established by each laboratory. Laboratories shall measure the background of at least 5% of unexposed AC and LS devices that have been processed according to their standard operating procedures (laboratory blanks).

 (3) Routine counting system checks. Daily counting of a reference source shall be performed and documented. The characteristics of the check source (geometry, type of radiation emitted, and the like) must be similar to the samples to be analyzed. The count rate of the check sources must be high enough to yield reliable counting statistics in a short period of time, such as 1,000 to 10,000 counts per minute, to provide a maximum random uncertainty of 5%.

 (4) Known exposure measurements (spikes).

 (i) Spikes shall be conducted at a rate of 3 for each 100 test devices deployed, with a minimum of 3 spikes for each certification year when tests were conducted in the certification year, and with a maximum of 6 spikes each month.

 (ii) Spikes shall be analyzed in the same manner as all other testing.

 (iii) Spikes shall be monitored using a means control chart. The means control chart must be established as follows:

 (A) Using an RPE value of plus and minus 10%, which corresponds to the 1 sigma level.

 (B) A warning level of the RPE of plus and minus 20%, which corresponds to the 2 sigma warning level.

 (C) Control limits of the RPE of plus and minus 30%, which correspond to the 3 sigma control level.

 (iv) Each RPE value shall be plotted on the means control chart within 1 week of receiving the result from the laboratory. If the RPE value is outside the 3 sigma control level, all measurements shall cease until the problem is evaluated and corrected. All evaluations shall be documented.

 (v) In addition to the means control chart, all spikes shall be documented on a form that contains all of the following:

 (A) The radon chamber name.

 (B) The device serial numbers.

 (C) The RV from the radon chamber.

 (D) The measured spike value or values.

 (E) The individual RPE results.

 (F) The certification year beginning date and end date.

 (G) The exposure dates.

 (5) Duplicate measurements.

 (i) Duplicates shall be made in at least 10% of the total number of test devices deployed each month, or 50 each month, whichever is smaller.

 (ii) The RPD shall be calculated for all duplicate results with an average of greater than or equal to 2.0 pCi/L. Two control charts shall be constructed to monitor duplicate precision:

 (A) One for duplicates when the average is greater than or equal to 4.0 pCi/L.

 (B) One for duplicates when the average is greater than or equal to 2.0 pCi/L and less than 4.0 pCi/L.

 (iii) Each RPD value shall be plotted on the control chart within 1 week of performing the duplicate measurement.

 (iv) The RPD shall be tracked using control charts from ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibits B-2 and B-3.

 (v) For duplicates when the average is greater than or equal to 4.0 pCi/L, all of the following apply:

 (A) The control level shall be set at an RPD of 14%.

 (B) The warning level shall be set at an RPD of 28%.

 (C) The control limit shall be set at an RPD of 36%.

 (vi) For duplicates when the average is greater than or equal to 2.0 pCi/L and less than 4.0 pCi/L, all of the following apply:

 (A) The control level shall be set at an RPD of 25%.

 (B) The warning level shall be set at an RPD of 50%.

 (C) The control limit shall be set at an RPD of 67%.

 (vii) If the plotted RPD result falls outside of the control limit, the measurements shall cease until the problem is identified and corrected.

 (viii) If the plotted RPD result falls outside of the warning level, ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, shall be used to determine the action to be taken.

 (ix) Documentation of duplicates must include all of the following:

 (A) The device serial numbers.

 (B) The exposure dates.

 (C) Each duplicate measurement result.

 (D) The RPD results.

 (e) ATs.

 (1) Calibration. All AT laboratory systems shall be calibrated at least once every 12 months, when alterations or repairs are made to the system, or when each new batch or sheet of detector material is received. This requires a determination of calibration factors for AT devices by the exposure of these devices to different concentrations of radon in a Department-approved radon chamber.

 (2) Laboratory control detectors. Laboratory control detectors for each batch of ATs shall be established and documented. Each laboratory shall measure the background of a statistically significant number of unexposed ATs. The laboratory control background value shall be subtracted from the field readings to produce a final result.

 (3) Known exposure measurements (spikes).

 (i) Spikes shall be conducted at a rate of 3 for each 100 test devices deployed, with a minimum of 3 spikes for each certification year when tests were conducted in the certification year, and with a maximum of 6 spikes each month.

 (ii) Spikes shall be analyzed in the same manner as all other testing. The RV of a spike may not be revealed to the laboratory prior to analysis.

 (iii) Spikes shall be monitored using a means control chart. The means control chart must be established as follows:

 (A) Using an RPE value of plus and minus 10%, which corresponds to the 1 sigma level.

 (B) A warning level of the RPE of plus and minus 20%, which corresponds to the 2 sigma warning level.

 (C) Control limits of the RPE of plus and minus 30%, which correspond to the 3 sigma control level.

 (iv) Each RPE value shall be plotted on the means control chart within 1 week of receiving the result from the laboratory. If the RPE value is outside the 3 sigma control level, all measurements shall cease until the problem is evaluated and corrected. All evaluations shall be documented.

 (v) In addition to the means control chart, all spikes shall be documented on a form that contains all of the following:

 (A) The radon chamber name.

 (B) The device serial numbers.

 (C) The RV from radon chamber.

 (D) The measured spike value or values.

 (E) The individual RPE results.

 (F) The certification year beginning date and end date.

 (G) The exposure dates.

 (4) Duplicate measurements.

 (i) Duplicates shall be made in at least 10% of the total number of test devices deployed each month, or 50 each month, whichever is smaller.

 (ii) The RPD shall be calculated for all duplicate results with an average of greater than or equal to 2.0 pCi/L. Two control charts shall be constructed to monitor duplicate precision:

 (A) One for duplicates when the average is greater than or equal to 4.0 pCi/L.

 (B) One for duplicates when the average is greater than or equal to 2.0 pCi/L and less than 4.0 pCi/L.

 (iii) Each RPD value shall be plotted on the control chart within 1 week of performing the duplicate measurement.

 (iv) The RPD shall be tracked using control charts from ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibits B-2 and B-3.

 (v) For duplicates when the average is greater than or equal to 4.0 pCi/L, all of the following apply:

 (A) The control level shall be set at an RPD of 14%.

 (B) The warning level shall be set at an RPD of 28%.

 (C) The control limit shall be set at an RPD of 36%.

 (vi) For duplicates when the average is greater than or equal to 2.0 pCi/L and less than 4.0 pCi/L, all of the following apply:

 (A) The control level shall be set at an RPD of 25%.

 (B) The warning level shall be set at an RPD of 50%.

 (C) The control limit shall be set at an RPD of 67%.

 (vii) If the plotted RPD result falls outside of the control limit, the measurements shall cease until the problem is identified and corrected.

 (viii) If the plotted RPD result falls outside of the warning level, ''Protocols for Radon and Radon Decay Product Measurements in Homes,'' EPA 402-R-92-003, May 1993, Appendix B, Exhibit B-5, shall be used to determine the action to be taken.

 (ix) Documentation of duplicates shall include all of the following:

 (A) The device serial numbers.

 (B) The exposure dates.

 (C) Each duplicate measurement result.

 (D) The RPD results.

 (Editor's Note: Appendices B and C were added in the proposed rulemaking and are retained in this final-form rulemaking. They are printed in regular type to enhance readability.)

Appendix B. Non-interference Agreement for Real Estate Radon Testing

Property name:
Property address:
Property city, state, zip:
Dates of test:

 I hereby agree to abide by the following conditions to ensure a valid radon test result:

 1) I will maintain closed-house conditions during the entire test period, and for 12 hours prior to any test of less than 96 hours, by doing the following:

 • Continuing normal operation of permanently installed HVAC systems.

 • Minimizing operation of dryers, range hoods, bathroom fans and other mechanical systems, understanding that drawing air out of the building may adversely affect the test results.

 • In buildings having permanently installed radon mitigation systems, keeping the mitigation system functioning during the testing interval.

 • Operating window air conditioning systems if set to recycle interior air.

 • Keeping all windows closed.

 • Keeping all external doors closed except for normal entry and exit.

 • Not operating whole-house fans. Removing portable window fans from the window or covering and sealing the window fan.

 • Not operating fireplaces, wood/coal stoves or combustion appliances, except water heaters and cooking appliances, unless they are the primary sources of heat for the building.

 • Not operating ceiling fans, portable dehumidifiers, portable humidifiers, portable air filters and window air conditioners within 20 feet of the detector.

 2) I will not interfere with or move the radon test device.

 If the certified tester determines that these conditions were not maintained, this test will be deemed invalid.

_________________     _________________     ______
   Signature of Person             Printed Name of Person           Date
   in Control of Property            in Control of Property

Appendix C. Radon Exposure Tracking Record

Name ___________________________  Month(s) ______

Company Name _____________________________________

Employee ID Number ___________________________  Year ______

Date	Job Site	Radon Level (pCi/L)		Working Level (WL)		Hrs. of Exposure		Working Level Month (WLM)	Cumulative Exposure(1) (WLM)	Method used to assess Exposure(2)
__________
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______
____	______	_____	÷200=	______	×	______	÷170=	_____	______	______

¹. Based upon an annual recommended health and safety limit of 4 working level months (4 WLM)

². Highest Premitigation Level (a) or On-site Measurement (b)

WL = (pCi/L)/200 (assuming 50% ER)

[Pa.B. Doc. No. 18-1666. Filed for public inspection October 26, 2018, 9:00 a.m.]

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