February 13, 2023

The Department of Homeland Security (DHS) is seeking comments on its new draft guidance entitled, “Departmental Policy for Addressing Radon in the Environmental Review Process.” The purpose of this policy document is to: (1) clarify that radon must be considered in the contamination analysis required under 24 CFR 50 (which implements the policies of the National Environmental Policy Act (NEPA) and other environmental requirements) and 24 CFR 58 (which provides instructions and guidance to recipients of HUD assistance and for conducting an environmental review for a particular project or activity); (2) provide guidance on recommended best practices for considering radon; and (3) to identify the HUD programs that have established specific radon guidance. The policy would generally apply to projects that: (1) require a NEPA analysis (e.g., an Environmental Assessment or Environmental Impact Statement) as well as certain projects that are otherwise excluded from NEPA requirements; and (2) involve structures that are occupied or are intended to be occupied at least four hours a day.

HUD notes that while the policy document does not impose radon testing requirements, it does include guidance on strategies for considering radon in the site contamination analysis. HUD specifically recommends using the American National Standards Institute/American Association of Radon Scientists and Technologists (ANSI/AARST) radon testing standards for single- and multi- family buildings, schools, and large buildings. The ANSI/AARST standard describes how to conduct testing, interpret test results, and draft a “Radon Test Report.” HUD also states that it is considering a rulemaking to establish radon testing and mitigation requirements for HUD-assisted projects.

Comments are due by April 14, 2023 and can be submitted here using Docket ID FR-6358-N-01.

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