Pub. L. 101-508, tit. X, subtit. C, sec. 10202
RADON MEASUREMENT PROFICIENCY.
SEC. 10202. RADON MEASUREMENT PROFICIENCY.Section 305(e) of the Toxic Substances Control Act is amended by adding at the end the following new paragraphs: “(5) Research.—The Administrator shall, in conjunction with other Federal agencies, conduct research to develop, test, and evaluate radon and radon progeny measurement methods and protocols. The purpose of such research shall be to assess the ability of those methods and protocols to accurately assess exposure to radon progeny. Such research shall include— “(A) conducting comparisons among radon and radon progeny measurement techniques; “(B) developing measurement protocols for different building types under varying operating conditions; and “(C) comparing the exposures estimated by stationary monitors and protocols to those measured by personal monitors, and issue guidance documents that— “(i) provide information on the results of research conducted under this paragraph; and “(ii) describe model State radon measurement and mitigation programs. “(6) Mandatory proficiency testing program study.—(A) The Administrator shall conduct a study to determine the feasibility of establishing a mandatory proficiency testing program that would require that— “(i) any product offered for sale, or device used in connection with a service offered to the public, for the measurement of radon meets minimum performance criteria; and “(ii) any operator of a device, or person employing a technique, used in connection with a service offered to the public for the measurement of radon meets a minimum level of proficiency. “(B) The study shall also address procedures for— 104 STAT. 1388–394 “(i) ordering the recall of any product sold for the measurement of radon which does not meet minimum performance criteria; “(ii) ordering the discontinuance of any service offered to the public for the measurement of radon which does not meet minimum performance criteria; and “(iii) establishing adequate quality assurance requirements for each company offering radon measurement services to the public to follow. The study shall identify enforcement mechanisms necessary to the success of the program. The Administrator shall report the findings of the study with recommendations to Congress by March 1, 1991. “(7) User fee.—In addition to any charge imposed pursuant to paragraph (2), the Administrator shall collect user fees from persons seeking certification under the radon proficiency program in an amount equal to $1,500,000 to cover the Environmental Protection Agency’s cost of conducting research pursuant to paragraph (5) for each of the fiscal years 1991, 1992, 1993, 1994, and 1995. Such funds shall be deposited in the account established pursuant to paragraph (3).”.