Notice2023-05354
Notice of Proposed Radon Credentialing Criteria
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 22, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) seeks input on criteria to help align and ensure consistency across radon service provider credentialing programs operated by certification bodies and states. The criteria reflect stakeholder feedback received in response to a 2017 Federal Register Notice on the same subject and consideration of conformity assessment practices in place across the federal government. The EPA is soliciting comment on these criteria. The comments will inform development of the final version of the criteria.
Full Text
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<title>Federal Register, Volume 88 Issue 55 (Wednesday, March 22, 2023)</title>
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[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17215-17218]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05354]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2017-0430; FRL-10784-01-OAR]
Notice of Proposed Radon Credentialing Criteria
AGENCY: Environmental Protection Agency, Office of Radiation and Indoor
Air.
ACTION: Notice of availability; opening of a 60-day public comment
period.
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SUMMARY: The Environmental Protection Agency (EPA) seeks input on
criteria to help align and ensure consistency across radon service
provider credentialing programs operated by certification bodies and
states. The criteria reflect stakeholder feedback received in response
to a 2017 Federal Register Notice on the same subject and consideration
of conformity assessment practices in place across the federal
government. The EPA is soliciting comment on these criteria. The
comments will inform development of the final version of the criteria.
DATES: Comments may be submitted on or before May 22, 2023.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2017-0430 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#badb97dbd4de97c897fed5d9d1dfcefadfcadb94ddd5cc"><span class="__cf_email__" data-cfemail="dabbf7bbb4bef7a8f79eb5b9b1bfae9abfaabbf4bdb5ac">[email protected]</span></a>. Include Docket ID No. EPA-
HQ-OAR-2017-0430 in the subject line of the message.
<bullet> U.S. Postal Service Mail: U.S. Environmental Protection
Agency, EPA Docket Center, Air and Radiation Docket, Mail Code 28221T,
1200 Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand Delivery/Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m.,
Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. EPA-HQ-OAR-2017-0430. Comments received may be posted without
change to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal
information provided. For detailed instructions on sending comments,
see the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Katrin Kral, Indoor Environments
Division, Office of Radiation and Indoor Air 6609T, Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
202-343-9454; <a href="/cdn-cgi/l/email-protection#fa91889b96d4919b8e889394ba9f8a9bd49d958c"><span class="__cf_email__" data-cfemail="5f342d3e3371343e2b2d36311f3a2f3e71383029">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Submit your comments, identified by Docket
ID No. EPA-HQ-OAR-2017-0430, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our
preferred method), or the other methods identified in the ADDRESSES
section. The
[[Page 17216]]
KEY QUESTIONS section includes specific areas on which the EPA is
seeking comment.
Once submitted, comments cannot be edited or removed from the
docket. The EPA may publish any comment received to its public docket.
Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
Tips for Preparing Your Comments. When submitting comments,
remember to:
<bullet> Identify the notice by docket number, subject heading,
Federal Register date, and page number.
<bullet> Provide a brief description of yourself and your role or
organization before addressing the questions.
<bullet> Identify the question(s) you are responding to from the
KEY QUESTIONS section by question number when submitting your comments.
You do not need to address every question.
<bullet> Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
<bullet> Describe any assumptions and provide any technical
information and/or data that you used.
<bullet> If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow it to be
reproduced.
<bullet> Illustrate your concerns with specific examples and
suggest alternatives.
<bullet> Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
<bullet> Make sure to submit your comments by the comment period
deadline identified.
Public Information Session. The EPA will also host a public
information session during the comment period. Additional details about
timing and the registration process for the information session webinar
will be shared on the EPA's radon website at <a href="https://www.epa.gov/radon/epas-draft-criteria-radon-credentialing-organizations">https://www.epa.gov/radon/epas-draft-criteria-radon-credentialing-organizations</a>. The information
session will cover the EPA's role in overseeing the quality of radon
service providers as well as conformity assessment and application of
voluntary consensus standards within federal programs, including the
proposed criteria. Participants will have an opportunity to ask
clarifying questions via the webinar chat function. The EPA will not
accept comments on the criteria during the information session.
I. Background
Radon is the second leading cause of lung cancer in the United
States and responsible for an estimated 21,000 deaths each year. One in
15 U.S. homes is estimated to have elevated radon levels. Radon-induced
lung cancer is highly preventable and may be addressed by testing and
mitigating homes when necessary. Professionals who provide radon
testing and mitigation services play a key role in public health
protection efforts. Because of the substantial risk resulting from
exposure to radon, a naturally occurring radioactive gas, it is
critical for radon service providers to possess the necessary skills to
provide quality services, ensure consumer protection, and protect
public health.
Since 1988, the EPA has administered a non-regulatory program under
the Indoor Radon Abatement Act of 1988 (IRAA) \1\ to reduce exposure to
indoor radon by promoting awareness, testing, installation of radon
mitigation systems in existing homes, and the use of radon-resistant
new construction techniques in new buildings. The EPA works with state
and tribal programs, industry, and the public to reduce human exposure
to radon, thereby reducing deaths due to lung cancer. Essential to this
mission is access to quality service providers who possess the skills
required to measure indoor radon levels and conduct mitigation when
necessary. Historically, the EPA has played a key role in establishing
a standard of quality for radon service providers, including
development and maintenance of a provider credentialing program (or
provider proficiency program) and a one-time evaluation of two
certification bodies in 2001, the National Radon Proficiency Program
(NRPP) and the National Radon Safety Board (NRSB). Since then, the EPA
has maintained oversight of radon credentialing systems, provided an
associated national radon reference, and supported the development of
and access to radon measurement and mitigation standards of practice.
Taken together, these activities align with the EPA's authority to
operate a proficiency program designed to rate the effectiveness of
radon measurement and mitigation service providers and radon
measurement devices.
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\1\ Public Law 100-551, Title III--Indoor Radon Abatement,
enacted October 28, 1988 (also known as the Indoor Radon Abatement
Act of 1988 or ``IRAA'') (15 U.S.C. 2661, et seq.).
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An August 2017 Federal Register Notice \2\ outlined proposed non-
regulatory criteria aimed at establishing consistency across radon
credentialing programs. These criteria included a third-party process
for accrediting radon professional credentialing organizations to an
international standard for certification bodies (International
Organization for Standardization/International Electrotechnical
Commission; ISO/IEC 17024:2012). The Agency requested comment on the
proposed approach.
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\2\ EPA. ``Notice of Intent to Establish Voluntary Criteria for
Radon Credentialing Organizations; Notice of Availability; Opening
of a 60-Day Public Comment Period.'' Federal Register (82 FR 39993,
August 23, 2017) (FRL-9966-07-OAR).
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The Proposed Radon Credentialing Criteria document \3\,which is the
subject of this notice and is included in the docket, reflects
stakeholder feedback received through the 2017 Federal Register Notice.
The criteria outlined in this document remain grounded in third-party
accreditation to ISO/IEC 17024:2012,\4\ and are intended to support
establishment and maintenance of a base level of organizational and
program-specific competencies as well as maintain flexibility for
state-run programs. The Proposed Radon Credentialing Criteria document
contains four sections: I--Executive Summary; II--Discussion of
Stakeholder Input on 2017 Federal Register Notice and EPA Responses;
III--Evaluation Framework; IV--Implementation Approach. The EPA is
particularly interested in feedback on Sections III and IV.
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\3\ EPA. ``Proposed Radon Credentialing Criteria.'' U.S. EPA,
Washington DC, EPA 402/D-22/001, December 2022. Available in the
Docket: EPA-HQ-OAR-2017-0430.
\4\ ISO, IEC. Conformity Assessment--General Requirements for
Bodies Operating Certification of Persons. ISO/IEC 17024:2012(E). 2
ed. July 1, 2012.
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The Evaluation Framework is grounded in conformity assessment
practices designed to promote consistency across credentialing programs
operated by certification bodies and states. This is accomplished
through specifications for the maintenance of credentialing programs
and radon measurement and mitigation service provider job categories,
including identification of radon service provider competencies and
assessment methods. Service providers who achieve
[[Page 17217]]
and maintain credentials from certification bodies and/or state-run
programs that meet the Evaluation Framework specifications will have
demonstrated and be required to maintain comparable knowledge, skills,
and abilities to perform radon services.
The Implementation Approach will facilitate identification of
qualified radon service providers meeting a standardized set of
specifications outlined within the Evaluation Framework. The
Implementation Approach outlines the EPA's planned activities to
facilitate adoption of the Evaluation Framework specifications:
<bullet> Develop and maintain a process by which credentialing
organizations (certification bodies and state-run programs) can
annually attest that they meet the Evaluation Framework specifications.
<bullet> Maintain a public list of credentialing organizations and
accreditation bodies that meet the framework (see TSCA Sec. 305(a)).
<bullet> Establish conditions for the State and Tribal Indoor Radon
Grants (SIRG) program. It is important to note that IRAA does not
provide the EPA with authority to require actions on the part of state
or tribal governments. Nonetheless, the EPA may set conditions for
receiving funding as part of the SIRG Program, which is authorized
under IRAA, that are consistent with the purpose of the Act.
Taken together, the Evaluation Framework and Implementation
Approach will help standardize program-specific competencies for
credentialing radon service providers and facilitate access to and
identification of a skilled and qualified workforce demonstrating a
consistent set of competencies to perform radon testing and mitigation.
II. Request for Comments
Comments will inform development of a final version of the Radon
Credentialing Criteria to help align and ensure consistency across
credentialing programs operated by certification bodies and states.
Widespread adherence to the Evaluation Framework as reinforced by the
Implementation Approach will support standardization of quality among
radon service provider credentials and credentialing organizations,
help maximize the utility of the SIRG program by providing assistance
to states in a manner that will facilitate access to--and
identification of--radon service providers credentialed by
organizations meeting a consistent set of specifications, and support
streamlined approaches to addressing provider credentials within radon
testing/mitigation polices. This in turn may lead to increased consumer
confidence in, and demand for, radon service providers, as well as
expanded markets for radon service providers.
As mentioned previously, the EPA is particularly interested in
feedback on Sections III (Evaluation Framework) and IV (Implementation
Approach) of the Proposed Radon Credentialing Criteria document, which
is available in the docket. The KEY QUESTIONS section contains specific
information requests on these two sections (III and IV).
The Agency is seeking comment from stakeholders working to reduce
exposure to indoor radon. This includes stakeholders involved with
promoting and/or conducting testing and installation of radon
mitigation systems, such as:
<bullet> Organizations credentialing radon service providers and other
building construction and/or maintenance related providers
<bullet> Radon service providers
<bullet> Organizations who provide third-party accreditation to the
ISO/IEC 17024:2012
<bullet> Organizations representing state health and environmental
programs, green building initiatives, and the radon services industry
<bullet> State radon programs
<bullet> Federal agencies who own, influence, or control housing
III. Key Questions
These questions pertain to Sections III and IV of the Proposed
Radon Credentialing Criteria document. In addition to responding to
specific requests for comments below, commenters are welcome to share
any overarching feedback.
Key Questions 1-4. These questions address the Evaluation Framework
which outlines a set of specifications in three areas (Accreditation,
Examination, and Maintenance) that will help promote consistency across
credentialing programs operated by certification bodies and states.
Service providers who achieve and maintain credentials from
certification bodies and/or state-run programs that meet the Evaluation
Framework will have demonstrated and be required to maintain comparable
knowledge, skills, and abilities to perform radon services.
1. Do you have any general feedback on the Evaluation Framework
(Accreditation, Examination and Maintenance)?
2. What features of the Evaluation Framework may positively and/or
negatively impact a state's ability to make any necessary modifications
within their organizational structures to ensure adherence of the
state-run program to the Evaluation Framework specifications?
3. Will creation of certifications and examinations for the
measurement and mitigation service provider categories be sufficient
for state-run programs seeking to meet the Evaluation Framework?
4. Should independent certification bodies that meet the Evaluation
Framework be required to create certifications and examinations for two
job categories (measurement and mitigation) and two job sub-types
distinguishing roles for an entry-level technician position and a more
senior/supervisory specialist position?
Key Questions 5-6. These questions cover the Examination component
of the Evaluation Framework which includes specifications and standards
that pertain to determining service provider mastery of competencies
necessary to perform a specific job. Specifications for state-run
programs that embed third-party examinations within their credentialing
programs are also included.
5. Is the proposed stakeholder representation on the expert panel
adequate? Stakeholders identified to serve on a panel responsible for
developing a job task analysis are considered essential to ensure
appropriate representation of the entire population of stakeholders
that contribute to, and/or participate in, the credentialing of radon
service providers. Additional stakeholder groups (e.g., home
inspectors, builders) may be included as part of an expert panel at the
certification body's discretion.
6. Should radon service providers be required to complete a device
performance test as a requirement to receiving a credential for radon
measurement service provider job categories?
These performance tests are designed to evaluate a provider's
proficiency using an analytical device. This type of performance test
would be incorporated into the Evaluation Framework as part of the
``Examination'' component. Credentialing organizations would be
required to verify and validate how the performance test accurately and
reliably assesses the task(s) identified in the job task analysis, as
well as how it aligns with the applicable American National Standard
which specifies minimum performance criteria and testing procedures for
instruments and/or systems designed to quantify the concentration of
radon-222 gas in air (MS-PC, Performance Specifications for
Instrumentation Systems Designed to Measure Radon Gas in Air).
Key Question 7. This question covers the Maintenance component of
the
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Evaluation Framework which includes specifications that help ensure
continued adherence by certification bodies to third-party
accreditation requirements and consistency across credentialing program
requirements. The specifications addressing credentialing program
requirements will help assure that radon service providers are equipped
with knowledge, skills and competencies necessary to maintain
credentials issued by certification bodies and state-run programs. This
element also includes a specification for credentialing organizations
to verify the use of approved devices and maintenance of a Quality
Assurance Plan in accordance with the most current American National
Standards.
7. How frequently should providers be required to verify use of
approved testing devices (when applicable) and maintenance of a Quality
Assurance Plan?
Key Questions 8-15. These questions address the Implementation
Approach which outlines the EPA's planned activities to facilitate
adoption of the Evaluation Framework and outlines elements for three
time periods (while the Evaluation Framework is being finalized, once
the Evaluation Framework is finalized and during the 3-year phase-in
period, after the 3-year phase-in period):
<bullet> Annual Attestation Process: Develop and maintain a process
by which credentialing organizations (certification bodies and state-
run programs) can annually attest they meet the Evaluation Framework
specifications.
<bullet> Public List: Maintain a public list of credentialing
organizations and accreditation bodies that meet the Evaluation
Framework (see TSCA Sec. 305(a)).
<bullet> Conditions for the EPA's SIRG Program.
8. Do you have any general feedback on the Implementation Approach?
9. Will a 3-year phase-in period will be sufficient for
certification bodies to prepare for and achieve third-party
accreditation and meet the Evaluation Framework and for state-run
programs to meet the Evaluation Framework?
10. Do you have feedback on the size and impact of the costs
associated with third-party accreditation to ISO/IEC 17024:2012?
11. Do you have feedback regarding the proposed annual attestation
process?
12. What reporting mechanisms should the EPA consider for state-run
programs to provide annual progress updates and attestations once the
Evaluation Framework has been met?
13. Do you have feedback regarding the proposal for the EPA to
maintain a public list?
14. Should the EPA identify on its website the credentialing
organizations that have declared their intent, but do not yet meet, the
Evaluation Framework? In this case credentialing organizations that do
not meet all the requirements at the end of the 3-year phase-in period
would be removed from the website until such time as they can
demonstrate their ability to meet all the requirements of the
Evaluation Framework.
15. Do you have feedback regarding the proposal to establish
conditions for the SIRG program?
Jonathan D. Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2023-05354 Filed 3-21-23; 8:45 am]
BILLING CODE 6560-50-P
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