reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter H - INSPECTIONS, TESTS AND RECORDS › Section 236.710 - Submittal of reports by generators and brokers

Current through Register Vol. 54, No. 28, July 13, 2024
Generators and brokers shall submit, on a quarterly
						  basis, reports to the Department. The reports shall include a listing of the
						  quantities, types and classes of low-level radioactive waste generated during
						  the previous quarter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 237 - REBUTTABLE PRESUMPTION OF LIABILITY OF THE OPERATOR OF THE REGIONAL LOW-LEVEL WASTE FACILITY › Subchapter A - GENERAL PROVISIONS › Section 237.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
						addresses the rebuttable presumption of liability of the operator of a regional
						low-level radioactive waste disposal facility for all damages and radioactive
						contamination within 3 miles of the regional facility boundary. This chapter
						establishes terms, conditions and criteria for the implementation of section
						319 of the act (35 P. S. §
													7130.319).
(b) The presumption of liability of the
						regional facility operator applies only to civil and administrative proceedings
						initiated under the act to the extent the actions provide for recovery for
						damages, the abatement of radioactive contamination or the replacement of a
						contaminated water supply. The presumption of liability may be invoked by the
						Department, county and municipal officials and by private citizens instituting
						the legal actions under the act.
(c) The regional facility operator may not
						engage in an activity, operation or process prohibited by the act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 237 - REBUTTABLE PRESUMPTION OF LIABILITY OF THE OPERATOR OF THE REGIONAL LOW-LEVEL WASTE FACILITY › Subchapter B - LIABILITY OF THE OPERATOR › Section 237.101 - Presumption of liability

Current through Register Vol. 54, No. 28, July 13, 2024
It is a rebuttable presumption of law that the regional
						  facility operator is liable and responsible for all damages and radioactive
						  contamination within 3 miles of the regional facility boundary without proof of
						  fault, negligence or causation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 237 - REBUTTABLE PRESUMPTION OF LIABILITY OF THE OPERATOR OF THE REGIONAL LOW-LEVEL WASTE FACILITY › Subchapter B - LIABILITY OF THE OPERATOR › Section 237.102 - Defenses to overcome the presumption

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Damages
. To rebut the
						presumption of liability for damages, the regional facility operator shall
						affirmatively prove, by clear and convincing evidence, that the operator did
						not contribute to the damage.
(b)
Radioactive contamination
. To rebut the presumption of
						liability for radioactive contamination within 3 miles of the boundary of the
						regional facility, the regional facility operator shall prove, by clear and
						convincing evidence, one of the following three defenses:
(1) The radioactive contamination existed
						prior to disposal operations on the site of the regional facility as determined
						by a preoperational survey.
(2) The
						landowner has refused to allow the regional facility operator access to the
						landowner's property to conduct a preoperational survey.
(3) The radioactive contamination occurred as
						a result of some cause other than regional facility
						operations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter A - GENERAL PROVISIONS › GENERAL › Section 240.1 - Description of regulatory structure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The act directs the Department to
						  establish a Radon Certification Program. This chapter specifies the
						  requirements to certify a person to test for and mitigate radon contamination
						  of occupied buildings and to analyze radon samples. Persons exempt from
						  certification are specified in §
													240.2 (relating to
						  scope).
(b) Subchapter B (relating
						  to certification) specifies the requirement that a person shall be certified to
						  conduct radon testing, and the requirements for obtaining certification.
						  Subchapter B also contains the requirements for certification in mitigation and
						  laboratory analysis.
(c) Subchapter
						  C (relating to certification review procedures and standards) provides the
						  standards and procedures for review of applications, renewal and modification
						  of certification.
(d) Subchapter D
						  (relating to operation requirements) contains operation requirements for
						  certified persons who conduct radon-related activities. Subchapter D includes
						  the requirements concerning advertising, notice to clients and disclosure of
						  radon information to the Department. These operation requirements are in
						  addition to specific requirements contained in a certification.
(e) Subchapter E (relating to enforcement and
						  decertification) contains the enforcement provisions, including inspection,
						  decertification and assessment of civil penalties. Other enforcement actions
						  are available under sections 308 and 309 of the Radiation Protection Act
						  (35
						  P.S. §§
														7110.308 and
						  7110.309) and section 14 of
						  the act (63 P.S. §
														2014).
(f) This section is for descriptive purposes
						  only. This section does not limit the authority of the Department under the
						  acts or this chapter.
The provisions of this §
															240.1 amended under sections 12
								and 13 of the Radon Certification Act (63 P.S. §§
																2012 and
								2013); section 302 of the
								Radiation Protection Act (35 P.S. §
																7110.302); and section 1920-A of the
								Administrative Code (71 P.S. §
																510.20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter A - GENERAL PROVISIONS › GENERAL › Section 240.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
						  applies to a person except when the person is:
(1) Testing for or mitigating against radon
						  contamination in a building that the person owns or in which the person
						  resides.
(2) Using measures
						  designed to prevent radon contamination in newly constructed buildings. This
						  exemption does not apply to radon testing or installation of radon mitigating
						  devices in these buildings following occupancy.
(3) Performing testing or mitigation in the
						  course of the person's normal duties as an employee or contractor of the
						  Department or the Federal government.
(4) Performing scientific research if the
						  person discloses the information obtained to the Department under §
														240.303 (relating to reporting of
						  information) and the person informs the owner or occupant of the affected
						  building of all of the following:
(i) That
						  the person is not certified by the Department to test for or mitigate against
						  radon contamination.
(ii) That the
						  test results are not valid.
(iii)
						  That the mitigation methods are for experimental purposes and may be
						  unsuccessful.
(5)
						  Purveying secondary devices supplied by a certified laboratory, if radon
						  concentrations determined by the laboratory are only reported directly to the
						  owner or resident of the building tested.
(i)
						  Test results may also be reported to the certified mitigator who installed a
						  mitigation system at the property.
(ii) Purveying does not include the
						  activities of either placing or retrieving activated charcoal, liquid
						  scintillation, or alpha track radon testing devices.
(6) Employed by a local government or a
						  school and performing testing for that local government or school if all of the
						  following criteria are met:
(i) The practice
						  is limited to the employee's official duties and no fee is charged for the
						  testing except for the employee's salary.
(ii) Radon testing is limited to the
						  buildings owned or occupied by the local government or school.
(iii) The radon testing is performed in
						  accordance with the device manufacturer's instructions.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR RADON TESTING › Section 240.101 - Requirements for radon testing certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may not test for radon or
						  represent or advertise that he may so test in a building in this Commonwealth
						  unless the person has first applied for and obtained certification from the
						  Department to test or is a firm employee of a certified testing firm.
(b) For a firm to perform radon testing it
						  shall employ at least one individual certified to test who is in responsible
						  charge of the firm's testing activities, and the firm shall submit an
						  application for certification and receive certification from the
						  Department.
(c) A certified primary
						  tester does not also have to be certified in radon laboratory analysis to read
						  or analyze continuous monitors or electret ion chambers that he places and
						  retrieves.
(d) A person using
						  secondary radon testing devices, such as AC, from a certified radon laboratory
						  does not also have to be certified in radon laboratory analysis.
The provisions of this §
															240.101 amended under sections 12
								and 13 of the Radon Certification Act (63 P.S. §§
																2012 and
								2013); section 302 of the
								Radiation Protection Act (35 P.S. §
																7110.302); and section 1920-A of the
								Administrative Code (71 P.S. §
																510.20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR RADON TESTING › Section 240.102 - Prerequisites for radon testing certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Individual certification for
						  radon testing.
An individual will not be certified to test unless the
						  individual has:
(1) Completed a
						  Department-approved course on radon.
(2) Passed a Department-approved written exam
						  on radon testing within 2 years before the postmark date of the individual's
						  application submittal. The applicant shall forward a copy of exam results to
						  the Department.
(3) Submitted a
						  complete and accurate application to the Department, including applicable
						  fees.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR RADON TESTING › Section 240.104 - Application filing deadline

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person who expects to conduct radon testing shall file a complete application
						  for certification a minimum of 30 days prior to the anticipated starting date
						  of testing activity.
(b) A testing
						  individual certification renewal application postmarked after the previous
						  testing individual certification expiration date will be charged a late
						  application fee as set forth in Appendix A (relating to radon certification fee
						  schedule).
The provisions of this §
															240.104 amended under sections
								301, 302 and 401 of the Radiation Protection Act (35 P.S. §§
																7110.301 and
								7110.302); section 1920-A of
								The Administrative Code of 1929 (71 P.S. §
																510-20); and the Radon Certification Act
								(63
								P.S. §§
																2001-2014).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR RADON MITIGATION › Section 240.111 - Requirements for radon mitigation certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may not mitigate radon
						  contamination in a building or represent or advertise that he may so mitigate
						  in a building in this Commonwealth unless the person has first applied for and
						  obtained certification from the Department to mitigate or is a firm employee of
						  a certified mitigation firm.
(b)
						  For a firm to perform radon mitigation it shall employ at least one individual
						  certified to mitigate who is in responsible charge of the firm's mitigation
						  activities, and the firm shall submit an application for certification and
						  receive certification from the Department prior to performing mitigation of
						  radon contamination.
The provisions of this §
															240.111 amended under sections 12
								and 13 of the Radon Certification Act (63 P.S. §§
																2012 and
								2013); section 302 of the
								Radiation Protection Act (35 P.S. §
																7110.302); and section 1920-A of the
								Administrative Code (71 P.S. §
																510.20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR RADON MITIGATION › Section 240.112 - Prerequisites for radon mitigation certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Individual certification for
						  radon mitigation.
An individual will not be certified to mitigate
						  unless the individual has:
(1) Completed a
						  Department-approved course on radon mitigation.
(2) Passed a Department-approved written exam
						  on radon mitigation within 2 years before the postmark date of the individual's
						  application submittal. The applicant shall forward a copy of exam results to
						  the Department.
(3) Had 1 year
						  professional experience in radon mitigation system installation or 3 years
						  experience in architecture, engineering, electrical contracting, plumbing,
						  carpentry, masonry or related trades.
(4) Submitted a complete and accurate
						  application to the Department including applicable fees.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR RADON MITIGATION › Section 240.114 - Application filing deadline

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person who anticipates conducting radon mitigation services shall file a
						  complete application for certification a minimum of 30 days prior to the
						  anticipated starting date of mitigation activities.
(b) A certified individual renewal
						  application postmarked after the previous certified individual certification
						  expiration date will be charged a late application fee as set forth in Appendix
						  A (relating to radon certification fee schedule).
The provisions of this §
															240.114 amended under sections 12
								and 13 of the Radon Certification Act (63 P.S. §§
																2012 and
								2013); section 302 of the
								Radiation Protection Act (35 P.S. §
																7110.302); and section 1920-A of the
								Administrative Code (71 P.S. §
																510.20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR RADON LABORATORY › Section 240.121 - Requirements for radon laboratory certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person in this Commonwealth or a person
						  analyzing devices placed or retrieved in this Commonwealth may not perform
						  laboratory analysis or represent or advertise that the person may perform
						  laboratory analysis of radon testing devices supplied to the public or of
						  samples or devices received from the public or from other certified persons,
						  unless that person has first applied for and obtained radon laboratory analysis
						  certification from the Department or is a firm employee of a certified
						  laboratory firm.
(b) For a firm to
						  perform radon laboratory analysis it shall employ at least one individual
						  certified to perform laboratory analysis who is in responsible charge of the
						  firm's laboratory radon analytical activities, and the firm shall submit an
						  application for certification and receive certification from the
						  Department.
The provisions of this §
															240.121 amended under sections 12
								and 13 of the Radon Certification Act (63 P.S. §§
																2012 and
								2013); section 302 of the
								Radiation Protection Act (35 P.S. §
																7110.302); and section 1920-A of the
								Administrative Code (71 P.S. §
																510.20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR RADON LABORATORY › Section 240.122 - Prerequisites for radon laboratory certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Individual certification for
						  laboratory analysis.
A person will not be certified to perform radon
						  laboratory analysis unless the person has:
(1)
						  Completed a Department-approved course on radon.
(2) Had 1 year professional experience in
						  performing laboratory analysis of radon measurement devices or samples or is
						  certified in Health Physics by the American Board of Health Physics, or
						  equivalent certification or professional work experience, or both, as
						  determined by the Department.
(3)
						  Received a bachelors degree in the physical sciences or engineering or related
						  fields as approved by the Department, or the education or professional work
						  experience equivalent to a degree, as determined by the Department.
(4) Submitted a complete and accurate
						  application to the Department, including applicable fees.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR RADON LABORATORY › Section 240.123 - Radon laboratory application contents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application for radon laboratory
						  certification, by an individual or a firm, shall be submitted to the Department
						  in writing on forms provided by the Department and must contain all of the
						  following:
(1) Evidence that the applicant
						  has the certification prerequisites contained in §
														240.122 (relating to prerequisites
						  for radon laboratory certification). The application must include the duties
						  assigned to the certified individual in responsible charge of the laboratory
						  analysis activities.
(2) A
						  nonrefundable fee as set forth in Appendix A (relating to radon certification
						  fee schedule).
(3) The applicant's
						  name, address, and telephone number. It must also indicate if the applicant is
						  an individual, partnership, limited partnership, corporation or other entity.
						  The application must include, when appropriate, the name and address of every
						  officer, general and limited partner, director, principal shareholder, parent
						  corporation and certified person within the applicant's organization.
(4) Compliance information, including
						  descriptions of notices of violation, administrative orders, civil penalty
						  assessments and actions for violations of the act, this chapter or a term or
						  condition of a certification.
(5)
						  Other information the Department may require related to an applicant's
						  qualifications or technical or administrative information related to laboratory
						  analysis of radon samples.
(6) A
						  verification by the applicant that the information contained in the application
						  is correct to the best of the applicant's information and belief. This
						  verification is subject to the penalties of
						  18 Pa.C.S. §
															4904
						  (relating to unsworn falsification to authorities).
(7) If the applicant for laboratory
						  certification is a firm, the application shall include a demonstration that the
						  firm's certified individual will maintain adequate span of control over the
						  firm's employees. This demonstration shall at least include:
(i) Information regarding the initial
						  training and continuing education given to firm employees that is required by
						  §
															240.122(b)(6) and
						  (b)(7) (relating to prerequisites for radon
						  laboratory certification).
(ii) The
						  firm's protocol for ensuring that firm employees are adequately supervised by
						  the firm's certified individual.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR RADON LABORATORY › Section 240.124 - Application filing deadline

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person who anticipates performing laboratory analysis of samples to determine
						  radon concentrations shall file a complete application for laboratory analysis
						  certification a minimum of 30 days prior to the anticipated starting date of
						  laboratory analysis.
(b) A
						  laboratory individual certification application postmarked after the previous
						  laboratory individual certification expiration date will be charged a late
						  application fee as set forth in Appendix A (relating to radon certification fee
						  schedule).
The provisions of this §
															240.124 amended under sections
								301, 302 and 401 of the Radiation Protection Act (35 P.S. §§
																7110.301 and
								7110.302); section 1920-A of
								The Administrative Code of 1929 (71 P.S. §
																510-20) and the Radon Certification Act
								(63
								P.S. §§
																2001-2014).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR PERSONS CERTIFIED IN ANOTHER STATE › Section 240.131 - States with reciprocal agreements with the Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may enter into a reciprocal agreement
							 with another state recognizing each state's radon certification program. The
							 Department will not recognize another state's program unless the program's
							 certification is compatible with the one established under the act and this
							 chapter. The Department will publish a notice in the
Pennsylvania
							 Bulletin
listing the state programs it has
							 recognized.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR PERSONS CERTIFIED IN ANOTHER STATE › Section 240.132 - Limited radon practice in this Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
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.
The provisions of this §
															240.132 amended under sections 12
								and 13 of the Radon Certification Act (63 P.S. §§
																2012 and
								2013); section 302 of the
								Radiation Protection Act (35 P.S. §
																7110.302); and section 1920-A of the
								Administrative Code (71 P.S. §
																510.20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › CERTIFICATION FOR PERSONS CERTIFIED IN ANOTHER STATE › Section 240.133 - Certification application contents

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › OTHER CERTIFICATION PROCEDURES › Section 240.141 - Withdrawal of applications and certifications

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › OTHER CERTIFICATION PROCEDURES › Section 240.142 - Testing and mitigation identification cards

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter B - CERTIFICATION › OTHER CERTIFICATION PROCEDURES › Section 240.143 - Adding or removing devices from certification

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
The provisions of this §
															240.143 issued under sections 12
								and 13 of the Radon Certification Act (63 P.S. §§
																2012 and
								2013); section 302 of the
								Radiation Protection Act (35 P.S. §
																7110.302); and section 1920-A of the
								Administrative Code (71 P.S. §
																510.20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter C - CERTIFICATION REVIEW PROCEDURES AND STANDARDS › Section 240.201 - Criteria for issuance or denial of certifications or course provider applications

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter C - CERTIFICATION REVIEW PROCEDURES AND STANDARDS › Section 240.202 - Terms of certification

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
The provisions of this §
														240.202 amended under sections 12
							 and 13 of the Radon Certification Act (63 P.S. §§
															2012 and
							 2013); section 302 of the
							 Radiation Protection Act (35 P.S. §
															7110.302); and section 1920-A of the
							 Administrative Code (71 P.S. §
															510.20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter C - CERTIFICATION REVIEW PROCEDURES AND STANDARDS › Section 240.203 - Conditions of certification

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter C - CERTIFICATION REVIEW PROCEDURES AND STANDARDS › Section 240.204 - Certification renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter C - CERTIFICATION REVIEW PROCEDURES AND STANDARDS › Section 240.205 - Certification modification

Current through Register Vol. 54, No. 28, July 13, 2024
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.
The provisions of this §
														240.205 amended under sections 12
							 and 13 of the Radon Certification Act (63 P.S. §§
															2012 and
							 2013); section 302 of the
							 Radiation Protection Act (35 P.S. §
															7110.302); and section 1920-A of the
							 Administrative Code (71 P.S. §
															510.20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter C - CERTIFICATION REVIEW PROCEDURES AND STANDARDS › Section 240.206 - Notice of certification

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will publish as a notice in the
Pennsylvania Bulletin
The name and address of each person
						  certified under this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter D - OPERATION REQUIREMENTS › Section 240.301 - Advertising

Current through Register Vol. 54, No. 28, July 13, 2024
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.
The provisions of this §
														240.301 amended under sections 12
							 and 13 of the Radon Certification Act (63 P.S. §§
															2012 and
							 2013); section 302 of the
							 Radiation Protection Act (35 P.S. §
															7110.302); and section 1920-A of the
							 Administrative Code (71 P.S. §
															510.20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter D - OPERATION REQUIREMENTS › Section 240.302 - Required client information

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
The provisions of this §
														240.302 amended under sections 12
							 and 13 of the Radon Certification Act (63 P.S. §§
															2012 and
							 2013); section 302 of the
							 Radiation Protection Act (35 P.S. §
															7110.302); and section 1920-A of the
							 Administrative Code (71 P.S. §
															510.20).
This section cited in 25 Pa. Code §
														240.310 (relating to testing
							 protocols).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter D - OPERATION REQUIREMENTS › Section 240.303 - Reporting of information

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter D - OPERATION REQUIREMENTS › Section 240.304 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														240.304 reserved under sections 12
							 and 13 of the Radon Certification Act (63 P.S. §§
															2012 and
							 2013); section 302 of the
							 Radiation Protection Act (35 P.S. §
															7110.302); and section 1920-A of the
							 Administrative Code (71 P.S. §
															510.20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 240 - RADON CERTIFICATION › Subchapter D - OPERATION REQUIREMENTS › Section 240.305 - Health and safety program

Current through Register Vol. 54, No. 28, July 13, 2024
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.
The provisions of this §
														240.305 amended under sections 12
							 and 13 of the Radon Certification Act (63 P.S. §§
															2012 and
							 2013); section 302 of the
							 Radiation Protection Act (35 P.S. §
															7110.302); and section 1920-A of the
							 Administrative Code (71 P.S. §
															510.20).
This section cited in 25 Pa. Code §
														240.112 (relating to prerequisites
							 for radon mitigation certification).