NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
AIR QUALITY, ENERGY, AND SUSTAINABILITY
DIVISION OF CLIMATE, CLEAN ENERGY, AND RADIATION PROTECTION
COMMISSION ON RADIATION PROTECTION
Notice of Rule Proposal
Radiation Protection Programs; Certification of Radon Testers and Mitigators
Proposed Amendments: N.J.A.C. 7:28-27.1 and 27.2
Proposed Repeal: N.J.A.C. 7:28-27
Proposed New Rules: N.J.A.C. 7:28-27A
Take notice that the NJ Department of Environmental Protection and the Commission on Radiation Protection are proposing new rules for Certification of Radon Testers and Mitigators at N.J.A.C. 7:28-27A, amendments to N.J.A.C. 7:28-27.1 and 27.2, and the proposed prospective repeal of N.J.A.C. 7:28-27.
This proposed rulemaking represents a continuation of the Department’s and Commission’s efforts to prohibit and prevent unnecessary radiation. The existing rules at N.J.A.C. 7:28-27 govern the certification of individuals and businesses who test for and mitigate radon. The proposed rules establish a new certification program that is based on an affiliate relationship between the certified business and certified individual; update the testing and mitigation protocols to the most recent science; discontinue the mitigation technician category for certification (after a period of time to allow existing mitigation technicians to apply for certification as mitigation specialists); and amend the experience and education requirements for other certification categories. The proposed rules also require out-of-State businesses to pay the Department inspectors’ costs associated with travel to conduct inspections.
The proposal is scheduled to be published in the New Jersey Register dated April 5, 2021. A copy of the proposal is available on the Department’s website at https://dep.nj.gov/wp-content/uploads/rules/proposals/20210405a.pdf, and LexisNexis free public access to the New Jersey Register (https://www.lexisnexis.com/hottopics/njoal).
A public hearing concerning the proposal will be conducted virtually via the Department’s video conferencing software on Wednesday, May 5, 2021, at 9:00 A.M. A link to the virtual public hearing will be provided on the Department’s Radon Section website at https://www.njradon.org/.
The Department encourages electronic submittal of comments. Written comments may be submitted electronically by June 4, 2021 at https://dep.nj.gov/rules/comment-on-dep-rulemaking-2/. In the alternative, comments may be submitted on paper to:
Alice A. Previte, Esq.
ATTN: DEP Docket No. 04-21-03
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402