NEW Radon Federal Testing & Mitigation Requirements Effective 6/4/2013 (HUD-Notice H 2013-3) (NOTICE PIH 2013-06)

YOU WONT BELIEVE THIS, but Radon is back in the environmental forefront in a big way!   As of June 2013 Radon testing and mitigation is now required under federal law. HUD’s Office of Multifamily Housing’s new policy requires radon testing and, if applicable, mitigation for most new FHA-insured construction, conversion and substantial rehabilitation projects, as well as most FHA-insured refinance transactions.

As stated on HUD’s web site “Radon is a priority of the Federal Radon Action Plan, developed by a federal government interagency team chaired by the U.S. Environmental Protection Agency (EPA). This invisible air hazard in homes is preventable and there are straight-forward, low-cost solutions to protect families against radon risks,” said Janet McCabe, EPA Principal Deputy Assistant Administrator for the Office of Air and Radiation. She continued, “These new HUD policies will better protect thousands of Americans in the years ahead.”

Please be aware that these new HUD Radon requirements are very different from the Radon testing protocol requirements of Freddie Mac mortgage lending programs.   When you are required/requested to have a Radon Test, make sure you make it clear who is requesting the testing or you might be sampling/paying A-LOT more than is necessary and NOT satisfy the requesting entities requirements!    HUD’s Radon testing requires compliance with the protocols set by the American Association of Radon Scientists and Technologists, Protocol for Conducting Radon and Radon Decay Product Measurements in Multifamily Buildings (ANSI-AARST MAMF-2010, Section III.)  Freddie Mac’s Radon testing requires compliance with the testing protocols provided in The Multi-Family Seller/Servicer Guide – Environmental Requirements Chapter 13.14.

Under this new rule, Resident notification is Required, if Both HUD & State Radon requirements exist both  must be followed.  Testing & Remediation must be “Performed under the supervision of a Radon Professional” and per the requirements, Radon Testing must be performed by an independent third party.    All results will be compared to HUD’s & EPA Action level for Radon which is currently 4 picoCuries per liter.

Prepared by Philip I. Brilliant, CHMM, LSRP Owner of Brilliant Environmental Services, LLC (Brilliant) in conjunction with Lee Wasserman, President of Lew Corporation, a member of the Brilliant-Lew Strategic Partnership.  For More Information or Assistance, call 800-783-0567 or go on line to www.brilliantenvironmental.com or www.lewcorp.com.