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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
AIR QUALITY, ENERGY, AND SUSTAINABILITY
DIVISION OF CLIMATE, CLEAN ENERGY, AND RADIATION PROTECTION
AND
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

PUBLIC NOTICE
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 http://www.nj.gov/dep/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 www.nj.gov/dep/rules/comments.  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

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Last Updated: March 16, 2021