82 FR 39993 - Notice of Intent To Establish Voluntary Criteria for Radon Credentialing Organizations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 162 (August 23, 2017)

Since 1988, the Environmental Protection Agency (EPA) has administered a statutorily-mandated program under the Indoor Radon Abatement Act to reduce exposure to indoor radon by promoting awareness, testing, installation of radon mitigation systems in existing homes, and use of radon-resistant new construction techniques. EPA works with state programs, industry and the public to reduce human exposure to radon and thereby reduce deaths due to lung cancer. Access to quality service providers responsible for measuring indoor radon levels and conducting mitigation when necessary is essential to this mission. Historically, EPA operated a program, the Radon Proficiency Program (RPP), to identify qualified radon service providers, a service to assist consumers and states receiving indoor radon grants. Upon its discontinuation, two organizations qualified to be designated as responsible parties for credentialing radon service providers in the absence of a state-run process established under a state's regulatory requirements. Since that time, there has not been an ongoing and open evaluation process for organizations wanting to credential radon service providers. As the Federal agency responsible for implementing the national radon program, and in response to the needs of our state and private partners, EPA intends to establish voluntary criteria outlining a standard of competence for organizations that credential radon service providers. This notice provides interested parties with an opportunity to provide feedback on the Agency's proposed approach.

[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Notices]
[Pages 39993-39997]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17860]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2017-0430; FRL-9966-07-OAR]


Notice of Intent To Establish Voluntary Criteria for Radon 
Credentialing Organizations

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice of availability; opening of a 60-day public comment 
period.

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SUMMARY: Since 1988, the Environmental Protection Agency (EPA) has 
administered a statutorily-mandated program under the Indoor Radon 
Abatement Act to reduce exposure to indoor radon by promoting 
awareness, testing, installation of radon mitigation systems in 
existing homes, and use of radon-resistant new construction techniques. 
EPA works with state programs, industry and the public to reduce human 
exposure to radon and thereby reduce deaths due to lung cancer. Access 
to quality service providers responsible for measuring indoor radon 
levels and conducting mitigation when necessary is essential to this 
mission. Historically, EPA operated a program, the Radon Proficiency 
Program (RPP), to identify qualified radon service providers, a service 
to assist consumers and states receiving indoor radon grants. Upon its 
discontinuation, two organizations qualified to be designated as 
responsible parties for credentialing radon service providers in the 
absence of a state-run process established under a state's regulatory 
requirements. Since that time, there has not been an ongoing and open 
evaluation process for organizations wanting to credential radon 
service providers. As the Federal agency responsible for implementing 
the national radon program, and in response to the needs of our state 
and private partners, EPA intends to establish voluntary criteria 
outlining a standard of competence for organizations that credential 
radon service providers. This notice provides interested parties with 
an opportunity to provide feedback on the Agency's proposed approach.

DATES: Comments must be received on or before October 23, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2017-0430, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. 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. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

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; [email protected].

I. General Information

A. Does this action apply to me?

    This notice is directed to stakeholders working to reduce exposure 
to indoor radon. It may, however, be of particular interest to those 
involved with promoting and/or conducting testing and installation of 
radon mitigation systems, including, but not limited to:
     Organizations credentialing radon service providers and 
other building construction and/or maintenance related providers.
     Radon service providers.
     Organizations who provide third-party accreditation to the 
ISO/IEC 17024:2012.
     Organizations representing state health and environmental 
programs, green building initiatives, and the radon services industry.
     State radon programs.
     Federal agencies who own, influence or control housing.

B. What should I consider as I prepare my comments for EPA?

    1. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the notice by docket number, subject heading, 
Federal Register date and page number.
     Follow directions--EPA may ask you to respond to specific 
questions or organize comments by including a specific reference.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow it to be 
reproduced.
     Illustrate your concerns with specific examples and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

C. How can I learn more about this?

    To learn more, please visit www.epa.gov/radon. Depending on 
interest and questions received, EPA may host a question and answer 
session via webinar during the comment period. Please visit the Web 
site regularly for updates.

[[Page 39994]]

D. Description of Terms Used in This Notice

    Accreditation: Third party validation that a conformity assessment 
body complies with established standards. Under the International 
Organization for Standardization (ISO), accreditation refers to the 
formal recognition by an independent body, generally known as an 
accreditation body, that a conformity assessment body operates 
according to international standards.
    Accreditation Body/Organization: Authoritative body that performs 
accreditation.
    Certification: The provision by an independent body of written 
assurance (a certificate) that the product, personnel, service or 
system in question meets specific requirements.
    Certification Scheme: Component of ISO/IEC 17024:2012 that outlines 
competence and other requirements related to specific occupational or 
skilled categories of persons including a scope of certification, job 
and task description (JTA), abilities (when applicable), prerequisites 
(when applicable), and a code of conduct (when applicable). Criteria 
for the initial certification and recertification must be part of the 
scheme and includes a description of the assessment methods, and the 
criteria for suspending and withdrawing the certification.
    Competence: Ability to apply knowledge and skills to achieve 
intended results.
    Conference of Radiation Control Program Directors (CRCPD): 
501(c)(3) nonprofit non-governmental professional organization 
dedicated to radiation protection. CRCPD's primary membership is made 
up of radiation professionals in state and local government that 
regulate the use of radiation sources.
    Credential: Recognition of qualification or competence issued to a 
person by an organization.
    Credentialing: Term applied to processes used to designate that an 
individual, program, institution or product have met established 
standards set by an agent (governmental or non-governmental) recognized 
as qualified to carry out this task. Licensure, registration, 
accreditation, approval, certification, recognition or endorsement may 
be used to describe different credentialing processes.
    Credentialing Organization, Certification Body: Third-party 
conformity assessment body operating certification schemes for persons 
under ISO/IEC 17024:2012. A certification body can be non-governmental 
or governmental with or without regulatory authority.
    EPA Proficiency Program: Voluntary program established under 15 
U.S.C. 2665(a)(2) and run by EPA that assessed the proficiency of 
individuals and organizations and granted them a listing according to 
their measurement or mitigation service capabilities. The Radon 
Measurement Proficiency (RMP) Program was established in 1986, followed 
by the Radon Contractor Proficiency (RCP) Program in 1989. These two 
programs were consolidated into the Radon Proficiency Program (RPP) in 
1995.
    Guidance on Federal Conformity Assessment (15 CFR part 287): 
Provides guidance for each Federal agency to use in evaluating the 
efficacy and efficiency of its conformity assessment activities. Each 
agency should coordinate its conformity assessment activities with 
those of other appropriate government agencies and with those of the 
private sector to reduce unnecessary duplication. The guidance is 
intended to help Federal agencies improve the management and 
coordination of their own conformity assessment activities with respect 
to other government entities and the private sector.
    International Electrotechnical Commission (IEC): International 
organization that prepares and publishes international standards for 
all electrical, electronic and related technologies.
    Indoor Radon Abatement Act (IRAA; 1988): Subchapter III of the 
Toxic Substances Control Act, or TSCA. Provides the authority for EPA's 
indoor radon activities.
    International Organization for Standardization (ISO): Independent, 
non-governmental international organization with a membership of 161 
national standards bodies. Through its members, it brings together 
experts to share knowledge and develop voluntary, consensus-based, 
market relevant international standards that support innovation and 
provide solutions to global challenges.
    ISO/IEC: Joint technical committee of the International 
Organization for Standardization (ISO) and the International 
Electrotechnical Commission (IEC). Its purpose is to develop, maintain 
and promote voluntary consensus standards.
    ISO/IEC 17024:2012, Conformity assessment: General requirements for 
bodies operating certification of persons: Voluntary international 
consensus standard containing principles and requirements for a body 
certifying persons against specific requirements, and includes the 
development and maintenance of a certification scheme for persons.
    Job Task Analysis: Foundational requirement of ISO/IEC 17024:2012, 
included with the certification scheme. Helps to identify the core 
knowledge areas, critical work functions, and/or skills that are common 
across the representative sampling of current practitioners.
    License: An official document that gives you permission to own, do, 
or use something.
    The National Technology Transfer and Advancement Act (NTTAA): 
Directs Federal agencies with respect to their use of and participation 
in the development of voluntary consensus standards. The Act directs 
Federal agencies to adopt voluntary consensus standards, wherever 
possible, in lieu of creating proprietary, non-consensus standards. The 
Act also directs the National Institute of Standards and Technology 
(NIST) to coordinate the conformity assessment activities of Federal 
agencies, as well as state and local governments with the private 
sector in order to reduce unnecessary duplication and complexity of 
conformity assessment schemes.
    Office of Management and Budget Circular A-119 (OMB A-119): 
Establishes policies on Federal use and development of voluntary 
consensus standards and on conformity assessment activities.
    Personnel Certification: Voluntary process by which a non-
governmental entity grants a time-limited recognition and use of a 
credential to an individual after verifying that he or she has met 
predetermined and standardized criteria.
    Radon Service Providers (also referred to as ``radon providers'' or 
``providers''): Individuals who perform measurement and/or mitigation 
of radon.
    State Indoor Radon Grant (SIRG, also referred to as ``indoor radon 
grants''): States and tribes receive grant funds from EPA that help 
finance their radon risk reduction programs; recipients must provide a 
minimum of 40% in matching funds. The Indoor Radon Abatement Act 
provides statutory authority for EPA to run the grant program under 15 
U.S.C. 2666 (a-j).
    Voluntary Consensus Standards (VCS): Standard developed or adopted 
by voluntary consensus standards bodies, through the use of a voluntary 
consensus standards development process, as defined in OMB A-119.

II. Background

A. What authority does EPA have to establish voluntary criteria for 
radon credentialing organizations?

    The 1988 Indoor Radon Abatement Act (See Toxic Substances Control 
Act,

[[Page 39995]]

Title III; 15 U.S.C. 2661-2671) addresses risks associated with indoor 
radon levels and establishes provisions that focus on voluntary 
activities, including education and grant and technical assistance to 
states for radon programs. Under 15 U.S.C. 2665(a)(2), EPA was granted 
authority to operate a voluntary proficiency program for rating, among 
other things, the effectiveness of radon measurement and mitigation 
devices and methods, and ``the effectiveness of private firms and 
individuals offering radon-related architecture, design, engineering, 
measurement, and mitigation services.'' Pursuant to 15 U.S.C. 
2666(h)(3), state grant recipients are required to maintain, and make 
available to the public, a list of firms and individuals receiving a 
passing rating under such a program.

B. What is the history of EPA's voluntary Radon Proficiency Program for 
radon service providers?

    In February 1986, EPA established the Radon Measurement Proficiency 
(RMP) Program to assist consumers in identifying organizations capable 
of providing reliable radon measurement analysis services. The Radon 
Contractor Proficiency (RCP) Program was established in 1989 to 
evaluate the proficiency of radon mitigators in residences and provide 
information to the public on proficient mitigators. In 1994, EPA began 
working to consolidate the RMP and RCP into one streamlined program to 
better meet industry needs and reduce costs. The consolidated program 
officially became the Radon Proficiency Program (RPP) in October 1995.
    In response to stakeholder feedback as part of the RPP development-
process, the Agency also began investigating the feasibility of 
transitioning oversight of the proficiency program away from EPA. The 
Agency tasked the Conference of Radiation Control Program Directors 
(CRCPD) with drafting a document containing the necessary components of 
a proficiency program. As part of this effort, a series of stakeholder 
meetings were held in 1997. Feedback was collected in five key areas 
critical to discontinuation of the EPA's RPP: (1) Radon tester; (2) 
radon mitigator; (3) approval and accreditation requirements for radon 
and radon decay product measurement devices, radon chambers, and radon 
laboratories; (4) the operational board and committees; and (5) the 
transition to private proficiency programs.
    Ultimately, CRCPD developed a final document outlining a plan for 
transitioning oversight of the proficiency program outside of the 
Federal government, entitled: ``Criteria for Certification of Radon 
Service Providers, the Accreditation of Radon Chambers and 
Laboratories, and the Approval of Measurement Devices.'' This plan was 
used to conduct a one-time evaluation and identify two organizations 
that sufficiently addressed components of EPA's RPP in the early 2000s. 
These two organizations--the National Radon Proficiency Program (NRPP; 
initially affiliated with the National Environmental Health Association 
and currently affiliated with the American Association of Radon 
Scientists and Technologists, or AARST) and the National Radon Safety 
Board (NRSB)--became responsible for credentialing radon service 
providers in the absence of a state run process established under a 
state's regulatory requirements. This service assisted consumers by 
identifying qualified radon providers. In addition, it assisted states 
receiving indoor radon grants, which are required to maintain and make 
available a list of qualified service providers to the public. Since 
the discontinuation of the RPP, the Agency has relied on NRPP, NRSB and 
state run certification programs to provide the national proficiency 
platform in the radon marketplace.

C. What is the framework for EPA's consideration of voluntary consensus 
standards and conformity assessment activities?

    Taken together, the National Technology Transfer and Advancement 
Act (NTTAA, Pub. L. 104-113), Office of Management and Budget Circular 
A-119 (OMB A-119) and Guidance on Federal Conformity Assessment (15 CFR 
part 287) direct Federal agencies to use voluntary consensus standards 
(VCS) wherever possible as the basis of regulation and other programs, 
to participate in the development of VCS, and to coordinate conformity 
assessment activities (testing, certification, etc.) with the private 
sector to avoid duplication. OMB A-119 outlines considerations Federal 
agencies should make when addressing the need for conformity 
assessment, and considerations agencies should take into account when 
designing conformity assessment programs.
    Personnel certification has become an important element of 
verifying the competence of an increasingly mobile and global 
workforce. In response to this growing need, a joint technical 
committee of the International Organization for Standardization and the 
International Electrotechnical Commission (the ISO/IEC) developed an 
international standard to establish uniform procedures for certifying 
the competence of personnel in different occupations or professions. 
The ISO/IEC 17024:2012 standard is designed to help ensure that 
personnel certification programs run by credentialing organizations 
(also referred to as a certifying body) operate in a consistent, 
comparable, impartial and reliable manner. In addition to ensuring the 
validity of individual certification programs, the ISO/IEC standard is 
intended to help ensure competence and quality of a workforce and 
promote consumer and public confidence. Key areas addressed in the 
standard include: The structure and governance of the certifying body 
and the characteristics of the certification program as it relates 
specifically to a job type (e.g., a certification scheme) and the 
assessment and recertification requirements.
    To verify compliance with ISO/IEC standard 17024:2012, 
credentialing organizations may seek accreditation from a third party. 
An organization accredited by a third party demonstrates ongoing 
compliance with a set of business standards and the necessary core 
competencies to perform the certification of persons and/or training 
functions. As a requirement of continuous accreditation recognition, an 
organization must demonstrate ongoing compliance with ISO/IEC standard 
17024:2012 by periodically maintaining accreditation.

III. Subject and Purpose of This Notice

    Radon exposure causes approximately 21,000 lung cancer deaths every 
year and is the leading environmental cause of cancer deaths. Many 
state programs and private industry stakeholders have, for years, 
asserted their belief that EPA should maintain a standard of competence 
for organizations credentialing radon service providers that reflect 
current industry standards and best practices. There is no current 
formal process to assess quality and competence of organizations 
wanting to credential radon service providers. The Agency believes it 
is necessary to establish an ongoing and open evaluation process moving 
forward and anticipates that it will take two to four years to 
establish a process and ensure ample opportunities for stakeholder 
involvement. Criteria establishing a standard of competence for 
organizations credentialing radon service provides will help ensure 
continued and sustained access to a qualified workforce.
    EPA recently issued a special term and condition to SIRG grantees 
clarifying guidance in the State and

[[Page 39996]]

Tribal Indoor Radon Grants Program Guidance and Handbook https://www.epa.gov/sites/production/files/2014-08/documents/guidance_and_handbook.pdf related to satisfying requirements for 15 
U.S.C. 2666(h)(3). Specifically, the Agency clarified that, to remain 
in compliance with 15 U.S.C. 2666(h)(3) requirements, states receiving 
SIRG funding must maintain and provide the public with a list of only 
those radon service providers who are credentialed either through:
    (1) An existing state-run process established under a state's 
regulatory requirements for credentialing radon service providers 
(e.g., state license), or
    (2) one of the two currently-recognized national radon proficiency 
programs (i.e., NRPP or NRSB).
    The term and condition will remain in effect until the Agency 
issues voluntary criteria, at which time, states receiving SIRG funding 
would list only those radon service providers credentialed by 
organizations meeting the criteria.

A. What specific comments are being sought?

    While all comments regarding any aspect related to the development 
of voluntary criteria for radon credentialing organizations are 
welcomed, comments on the following key areas are specifically 
requested.
1. Overall Approach
    While EPA cannot require that radon credentialing bodies take any 
particular action in order to conduct business, EPA does have authority 
to require that states receiving indoor radon grants list only 
providers who meet certain standards of competence. By establishing 
criteria for organizations credentialing radon service providers, EPA 
would help states ensure high-quality radon services are available to 
their citizens. States receiving SIRG funding would be required to list 
only radon service providers who are certified by organizations meeting 
these criteria (possibly including state-run credentialing programs).
    To satisfy the criteria, organizations that credential radon 
service providers would need to demonstrate and maintain compliance 
with ISO/IEC standard 17024:2012 through independent, third party 
accreditation. The voluntary criteria would specify a timeframe for 
organizations to demonstrate compliance with ISO/IEC 17024:2012 through 
third party accreditation.
    As a condition of continuous accreditation recognition, an 
organization would need to demonstrate ongoing compliance with ISO/IEC 
17024:2012 by periodically reapplying and earning accreditation.
    Credentialing organizations accredited to ISO/IEC 17024:2012 have 
to ensure that certificate holders meet requirements outlined in the 
certification scheme. The credentialing organization may use 
recertification to bring those who do not meet the current requirements 
into compliance. In this case, recertification may be required for 
service providers previously credentialed by one of the two national 
credentialing organizations.
    EPA is seeking comments on the overall feasibility, appropriateness 
and potential impacts of these criteria, in particular as they relate 
to: Time-frame for demonstrating compliance through third-party 
accreditation and options for a phased-in approach, maintaining 
continuous accreditation, and recertification as a means to bring 
existing certificate holders into compliance.
2. Application of Voluntary Criteria to State-Run Programs
    Currently, approximately twenty-three states have regulatory 
requirements in place for credentialing of radon service providers and 
implement a process accordingly (e.g., state license). While some of 
these states require certification by one of the two currently 
recognized national credentialing organizations (i.e., NRPP and/or 
NRSB), there are states operating processes that do not require this 
certification.
    EPA is seeking comments on the feasibility, appropriateness and 
potential impacts of requiring states that operate independent programs 
(i.e., currently do not require certification by one of two recognized 
national credentialing organizations) to meet the criteria if receiving 
SIRG funding.
3. Requirements for Accreditation Organizations
    Organizations providing independent, third party accreditation may 
be required to demonstrate compliance with ISO/IEC 17011:2004 as a 
signatory of the International Accreditation Forum's Multilateral 
Recognition Agreement, or MRA.
    EPA is seeking feedback on the value of including conditions for 
organizations providing independent, third party accreditation.
4. Development of ISO/IEC 17024:2012 Program-Related Components
    To help reduce the burden to credentialing organizations seeking 
accreditation to the ISO/IEC 17024:2012 and to standardize competency 
and testing requirements for radon service providers, EPA recognizes 
that there may be value in the Agency supporting development of the 
certification scheme, a requirement of ISO/IEC 17024:2012. It should be 
noted that the choice of what role EPA plays ultimately will depend on 
both what the community needs and what resources the Agency can 
sustainably support.
    EPA is seeking comments on the feasibility, appropriateness, and 
potential impacts of each possible scenario presented below:
    (a) EPA develops basic framework for credentialing organizations to 
follow.
    EPA would define parameters for the certification scheme (e.g., 
scope(s) of practice, use of existing American National Standards 
Institute/American Association of Radon Scientists and Technologists 
(ANSI/AARST) measurement and mitigation voluntary consensus standards 
when developing the job task analysis (JTA), recertification 
requirements).
    Credentialing organizations might enter into a Memorandum of 
Understanding with EPA committing to develop and maintain a 
certification scheme in compliance with specified parameters.
    (b) EPA supports development of initial certification scheme.
    EPA would support development of the initial certification scheme 
and then would transfer ownership of the scheme to a third party or 
individual credentialing organization(s) after a specified time-frame 
(e.g., five years). In this case, new scheme owners might sign a 
licensing agreement transferring ownership of the certification scheme 
and stipulating conditions for use and maintenance of the scheme. For 
example, the licensing agreement may specify that the scheme owner may 
only make changes to the scheme that are deemed more stringent.
    (c) EPA supports development and maintenance of certification 
scheme.
    EPA would retain ownership of the certification scheme, including 
development and maintenance. Organizations seeking accreditation to 
ISO/IEC 17024:2012 might enter into a licensing agreement with the 
Agency which would specify requirements for use of the certification 
scheme.
5. Scope of This Effort
    EPA's RPP addressed labs and devices in addition to radon testing 
and mitigation service providers. The proposed approach outlined above 
does not directly address labs and devices. If the Agency were to 
address labs, a different ISO/IEC standard would apply

[[Page 39997]]

(17025) and would require an independent process. Device requirements 
for certified radon service providers will be incorporated within the 
scope of this effort. (e.g., device must have demonstrated compliance 
with the voluntary consensus standard MS-PC 2015, Performance 
Specifications for Instrumentation Systems Designed to Measure Radon 
Gas in Air).
    EPA is seeking comments on the proposed scope for this effort, 
including the planned approach for including devices. Comments are also 
welcomed on job titles and scopes that should be included for radon 
testing and mitigation providers.

    Dated: August 3, 2017.
David Rowson,
Director, Indoor Environments Division.
[FR Doc. 2017-17860 Filed 8-22-17; 8:45 am]
BILLING CODE 6560-50-P