---
kind: "range"
citation: "40 C.F.R. §§ 35.290–35.298"
title: "40"
from: "35.290"
to: "35.298"
count: 4
url: "https://uscodex.org/cfr/40/35.290..35.298"
---

# §35.290. Purpose.

- (a) **Purpose of section.** [Sections 35.290 through 35.298](/cfr/40/35.290..35.298.md) govern Indoor Radon Grants to States (as defined in section 3 of the Toxic Substances Control Act, which include territories and the District of Columbia) under [section 306](/cfr/40/306.md) of the Toxic Substances Control Act.
- (b) **Purpose of program.**
  - (1) State Indoor Radon Grants are awarded to assist States with the development and implementation of programs that assess and mitigate radon and that aim at reducing radon health risks. State Indoor Radon Grant funds may be used for the following eligible activities:
    - (i) Survey of radon levels, including special surveys of geographic areas or classes of buildings (such as public buildings, school buildings, high-risk residential construction types);
    - (ii) Development of public information and education materials concerning radon assessment, mitigation, and control programs;
    - (iii) Implementation of programs to control radon on existing and new structures;
    - (iv) Purchase by the State of radon measurement equipment and devices;
    - (v) Purchase and maintenance of analytical equipment connected to radon measurement and analysis, including costs of calibration of such equipment;
    - (vi) Payment of costs of EPA-approved training programs related to radon for permanent State or local employees;
    - (vii) Payment of general overhead and program administration costs in accordance with [§ 35.298(d)](/cfr/40/35.298.md?p=d);
    - (viii) Development of a data storage and management system for information concerning radon occurrence, levels, and programs;
    - (ix) Payment of costs of demonstration of radon mitigation methods and technologies as approved by EPA, including State participation in the EPA Home Evaluation Program; and
    - (x) **A toll-free radon hotline to provide information and technical assistance.**
  - (2) States may use grant funds to assist local governments in implementation of activities eligible for assistance under paragraphs [(b)(1)(ii)](#b-1-ii), [(iii)](#b-1-iii), and [(vi)](#b-1-vi) of this section.
  - (3) In implementing paragraphs [(b)(1)(iv)](#b-1-iv) and [(ix)](#b-1-ix) of this section, a State should make every effort, consistent with the goals and successful operation of the State radon program, to give preference to low-income persons.
  - (4) Funds appropriated for [section 306](/cfr/40/306.md) may not be used to cover the costs of federal proficiency rating programs under [section 305(a)(2)](/cfr/40/305.md?p=a-2) of the Act. Funds appropriated for [section 306](/cfr/40/306.md) and grants awarded under [section 306](/cfr/40/306.md) may be used to cover the costs of State proficiency rating programs.

# §35.292. Basis for allotment.

- (a) The Regional Administrator will allot State Indoor Radon Grant funds based on the criteria in EPA Guidance in accordance with sections [306(d)](/cfr/40/306.md?p=d) and [(e)](/cfr/40/306.md?p=e) of the Toxic Substances Control Act.
- (b) No State may receive a State Indoor Radon Grant in excess of 10 percent of the total appropriated amount made available each fiscal year.

# §35.295. Maximum federal share.


The Regional Administrator may provide State agencies up to 50 percent of the approved costs for the development and implementation of radon program activities.


# §35.298. Award limitations.

- (a) The Regional Administrator shall not include State Indoor Radon funds in a Performance Partnership Grant awarded to another State Agency without consulting with the State Agency which has the primary responsibility for radon programs as designated by the Governor of the affected State.
- (b) No grant may be made in any fiscal year to a State which in the preceding fiscal year did not satisfactorily implement the activities funded by the grant in the preceding fiscal year.
- (c) The costs of radon measurement equipment or devices (see [§ 35.290(b)(1)(iv)](/cfr/40/35.290.md?p=b-1-iv)) and demonstration of radon mitigation, methods, and technologies (see [§ 35.290(b)(1)(ix)](/cfr/40/35.290.md?p=b-1-ix)) shall not, in the aggregate, exceed 50 percent of a State's radon grant award in a fiscal year.
- (d) The costs of general overhead and program administration (see [§ 35.290(b)(1)(vii)](/cfr/40/35.290.md?p=b-1-vii)) of a State Indoor Radon grant shall not exceed 25 percent of the amount of a State's Indoor Radon Grant in a fiscal year.
- (e) A State may use funds for financial assistance to persons only to the extent such assistance is related to demonstration projects or the purchase and analysis of radon measurement devices.
- (f) Recipients must provide the Regional Administrator all radon-related information generated in its grant supported activities, including the results of radon surveys, mitigation demonstration projects, and risk communication studies.
- (g) Recipients must maintain and make available to the public, a list of firms and individuals in the State that have received a passing rating under the EPA proficiency rating program under [section 305(a)(2)](/cfr/40/305.md?p=a-2) of the Act.