[Federal Register Volume 60, Number 156 (Monday, August 14, 1995)]
[Rules and Regulations]
[Pages 41812-41817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20008]
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[[Page 41813]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 195
[FRL-5276-3]
RIN 2060-AF40
User Fees for Radon Proficiency Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Technical amendment.
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SUMMARY: This technical amendment to the Radon Proficiency Program's
User Fee establishes fees for the calendar year 1995. The User Fee Rule
requires that individuals and organizations applying to or
participating in the National Radon Measurement Proficiency (RMP) or
the National Radon Contractor Proficiency (RCP) Programs pay annual
fees. This amendment establishes the fee schedule for the calendar year
1995.
In 1994 the Agency began an aggressive effort to streamline
operation of the proficiency programs as a way of reducing costs.
Because of these streamlining efforts, the cost to operate the
proficiency programs in 1994 was reduced by about 34% from 1993. Thus,
the 1995 user fees will generally be lower than the 1994 user fees in
some areas while the fees for other areas of the program will go up
slightly from the 1994 user fees. The Agency remains committed to
recovering all of its operating costs over a period of five years.
Consistent with the schedule established in the 1994 User Fee Rule, the
Agency has increased the level of anticipated cost recovery from 30% in
1994 to 47.5% in 1995.
Upon receipt of an invoice from EPA following the effective date of
this technical amendment, organizations offering primary measurement
services must pay an annual fee of $390 per device entered or listed in
the RMP program. Organizations offering secondary measurement services
must pay an annual fee of $50 for each business location listed in the
program. Participants in the individual proficiency component of the
RMP program must pay an annual fee of $105. Participants in the RCP
program must pay an annual fee of $210. As before, State and local
governments are exempted from these fees under section 305(e)(2) of the
Indoor Radon Abatement Act of 1988, 15 U.S.C. 2665(e)(2).
EFFECTIVE DATE: September 13, 1995.
FOR FURTHER INFORMATION CONTACT: James W. Long, (202) 233-9433, U.S.
EPA, Office of Radiation and Indoor Air, 401 M St. S.W., (6604J),
Washington, DC 20460.
SUPPLEMENTARY INFORMATION:
I. Authority
Section 305 of the Indoor Radon Abatement Act (IRAA) of 1988, 15
U.S.C. 2661 et seq., authorizes the Administrator of EPA to assess fees
to defray the costs associated with operating its radon proficiency
programs. The User Fees for Radon Proficiency Programs Final Rule,
Federal Register, 59 FR 13166, established fees for two proficiency
programs: the National Radon Measurement Proficiency Program and the
National Radon Contractor Proficiency Program. The funds received by
EPA have been authorized to be deposited into a special account in the
United States Treasury with amounts in the account to be appropriated
for administering the radon proficiency programs. State and local
governments, including educational entities, are exempt from paying a
fee to participate in the radon proficiency programs.
The final rule is cross-referenced to Title 40 of the Code of
Federal Regulations (CFR) chapter I, subchapter R, Part 700 that lists
regulations promulgated under the Toxic Substances Control Act (TSCA).
Although the IRAA was enacted as Title III of TSCA, the Final User Fee
Rule itself is listed under subchapter F of the CFR (40 CFR 195.20 et
seq.) because it deals solely with a radiation program.
II. Background
On March 18, 1994, EPA issued a final rule in the Federal Register,
59 FR 13166, that established an initial fee schedule of $375 per
device entered or listed in the RMP program for organizations offering
primary measurement services, $75 per business location for
organizations offering secondary measurement services, $150 for
participants in the individual proficiency component of the RMP
program, and $200 for participants in the RCP program.
The fees that the Agency established in the 1994 final rule were
set to recover 30% of the total costs of administering the proficiency
programs. As stated in the 1994 rule, the Agency intends to adjust its
fees annually to recover ever increasing percentages of its program
costs according to the following schedule: 1994 (30%), 1995 (47.5%),
1996 (65%), 1997 (82.5%) and 1998 (100%). For Fiscal Year (FY) 1994,
total Agency costs to operate the radon proficiency programs were $1.7
million. EPA expects similar costs for fiscal year 1995. Based on a
projected cost recovery percentage of 47.5%, the Agency expects to
collect approximately $750,000 from user fees during 1995. EPA shall
continue to review and adjust the fees over the next three years (as
necessary) to recover ultimately the full annual costs of the
proficiency programs. Fees may also be adjusted to account for other
factors such as inflation and changes in programs costs. As it adjusts
fees in the future, EPA will assess the potential effects of its fee
adjustments on the radon industry and the regional impacts.
The Agency has determined that the Paperwork Reduction Act of 1980
(PRA) requirements do not apply to this technical amendment. This
action was not classified by the Agency as a significant regulatory
action, however, the Office of Management and Budget did request to
review this action. The technical amendment cleared review on May 4,
1995 with no comments from OMB.
III. Provisions of the Amendment
A. National Radon Measurement Proficiency Program
EPA's total costs for the organizational component of the RMP
Program for Fiscal Year 1994 were about $960,000 (a more detailed
description of costs and how they were calculated is presented in the
Technical Support Document for the 1995 User Fee Calculation in Support
of the Radon Proficiency Program User Fee Final Rule, U.S. EPA/Office
of Radiation and Indoor Air, January 24, 1995.). As of October 1, 1994,
EPA had approximately 985 primary devices and approximately 1,485
secondary organizations listed or seeking to be listed in the program.
If the RMP Program fees had been set at a full cost recovery level
(100%) the annual fee for 1995 for a primary device would be about $825
per application or listing, and a fee of $100 would be assessed for
each secondary firm applying to or listed in the RMP program. The
difference between the fees for primary devices and secondary firms
reflects differences in EPA's costs to process and maintain each type
of applicant or participant in the organizational component of the RMP
Program.
In this technical amendment to the 1994 Final Rule we have
clarified the text in Section 195.20(a)(2) to reflect the fact that
organizations listed or seeking to be listed for secondary measurement
services in the RMP Program must pay an annual fee of $50 for each
business location. Since the inception of the RMP
[[Page 41814]]
Program in 1989, EPA has required secondary organizations to submit
applications and be listed separately for each business location they
operate. In the 1994 user fee billing cycle, EPA invoiced and collected
fees for organizations listed for or seeking listing for secondary
measurement services based on separate business locations. To clarify
this aspect of the program's operation, EPA has added the phrase, ``a
fee for each business location listed'' at appropriate places in
Section 195.20(a)(2) of the final rule.
B. Individual Measurement Proficiency
The total costs of the individual proficiency component of the RMP
program in Fiscal Year 1994 were about $459,400. As of October 1, 1994,
approximately 2,075 individuals were listed or in the process of being
listed in the individual proficiency program. If the individual
component of the RMP Program fees had been set at a full cost recovery
level (100%) the annual fee for 1995 would be about $220 per
individual.
C. National Radon Contractor Proficiency Program
The total costs for the RCP program were about $305,400 in fiscal
year 1994. Approximately 686 individuals were listed or in the process
of being listed in the RCP Program as of October 1, 1994. If the RCP
Program fee had been set at a full cost recovery level (100%) the
annual fee for 1995 would be about $445 per individual.
D. Fee Schedule--1995
1. Fee Amounts
The 1995 user fee schedule for applicants to and participants in
the RMP and RCP programs is, apart from some minor editorial changes,
essentially unchanged from 1994. That schedule appears as a revised 40
CFR section 195.20, which follows this preamble.
Organizations or individuals whose proficiency program application
has not yet been accepted by EPA on the effective date of this
technical amendment (i.e., 30 days after the date of its publication in
the Federal Register) become subject to the fees described above once
their application has been accepted. Their user fees will be prorated
quarterly, based on the acceptance date of the application. New
applicants will be assessed an annual user fee based on the acceptance
date of their application.
2. Exemptions
State and local governments, including educational entities, are
exempted from these fees under section 305(e)(2) of the IRAA. EPA has
determined that exempted organizations or individuals include:
State or local governments (or employees thereof acting in their
official capacities) who are listed, or applying to be listed, in the
EPA proficiency programs who wish to perform radon measurements and/or
mitigations. Specific exempted entities include the following
classifications:
--Indian Tribes,
--State and local educational entities, that is, schools and school
districts (this includes public universities, colleges and educational
agencies), and
--State and local medical institutions and hospitals.
EPA has determined that IRAA does not exempt Federal employees from
paying a fee to participate in the EPA proficiency programs.
3. Determination of Fees
Participants listed in the RMP and RCP programs on the effective
date of this technical amendment will be sent, by EPA, a payment
invoice with its fee calculation at least 30 days before the payment is
due. Fees will be assessed based on the current information in EPA's
proficiency data bases. Participants who intend to pay the invoiced fee
amount must send their payment to EPA following the procedures stated
in the invoice. Organizations or individuals who wish to notify EPA of
any errors or corrections they wish to make to their listing status
must do so by following the instructions on the payment invoice.
Corrected payment invoices for both the RMP Program and the RCP Program
shall be sent to: Radon Proficiency Programs User Fees, c/o Sanford
Cohen and Associates, Inc. (SC&A), 1418 I-85 Parkway, Montgomery,
Alabama, 36106. EPA will review any corrections noted on the payment
invoice, adjust the payment invoice amount (as appropriate) and issue a
new invoice. Participants must pay the amount in the corrected payment
invoice within 30 days of the date listed on the corrected invoice.
If the appropriate fee or a revised payment invoice for an
individual or organization participating in the RMP or RCP program has
not been received by EPA on or before the payment due date, EPA will
send, by certified mail, notice that the individual or organization
will be delisted from the proficiency program unless he/she pays the
fee within 30 days of this second certified notification. If payment
still has not been received by EPA on or before 30 days or after of the
second certified notification, the organization's or individual's
listing will be removed from the proficiency program.
New or initial applicants to the RMP or RCP programs will be
assessed a fee at the time of their initial application. EPA will send
a payment invoice to the new applicant upon acceptance of the initial
application. The applicant will be given at least 30 days from the date
on the payment invoice to remit payment. The fee assessed will be
prorated quarterly, based on the acceptance date of the application.
The prorated fee schedule for 1995 is as follows:
------------------------------------------------------------------------
1st Jan 1- 2nd Apr 1- 3rd Jul 1- 4th Oct 1-
Quarter Mar 31 Jun 30 Sep 30 Dec 31
------------------------------------------------------------------------
RMP Program:
Per Primary
measurement
device......... 1$390 $295 $195 $95
Per Organization
listed for
secondary
services....... 50 40 25 10
Per Individual
listed for
measurement
services....... 105 80 55 25
RCP Program;
Per Individual
listed for
mitigation
services....... 210 160 105 50
------------------------------------------------------------------------
If the appropriate fee has not been received by EPA on or before the
payment due date, the application will be placed in an inactive file
with no further action taken by EPA.
4. Payment Procedures
Each remittance to EPA under this technical amendment must be in
United States currency and must be paid by either certified check,
personal or business check, or money order made payable to the order of
the ``U.S. ENVIRONMENTAL PROTECTION AGENCY'' and sent to: U.S. EPA,
Washington Financial Management
[[Page 41815]]
Center, Radon Proficiency Program User Fees (IRAA), P.O. Box 952491,
St. Louis, Missouri, 63195-2491. The fee payment must include the
original copy of the EPA payment invoice. Collection of fees will begin
in the calendar year beginning January 1, 1995. Specific guidance on
how and when fees must be paid can be found in How to Pay Your Radon
Proficiency Programs User Fees, U.S. EPA/Office of Radiation and Indoor
Air. Copies of this document can be obtained by contacting the RIS at
(334) 272-2797 or by FAX at (334) 260-9051.
5. Failing the RMP Measurement Test
Organizations that fail the initial measurement device performance
test or the re-test for a particular device must re-apply to the RMP
program if they want to be listed or remain listed for that device.
When the organization re-applies, EPA will send a payment invoice for
the device(s) to be tested/re-tested. The appropriate user fee must be
paid prior the scheduling of the test/re-test. EPA will send written
notification of the measurement performance test results and listing
status. Any fee paid to EPA in the process of attaining a listing of a
particular device will not be refunded if the device fails to meet the
RMP program criteria as stated in the Radon Measurement Proficiency
(RMP) Program Handbook, EPA 402-B-94-003. Should the organization elect
to re-apply to test the failed device, EPA will assess a new fee based
on the information provided in the organization's application.
6. Failing the RMP Individual Proficiency and RCP Exams
a. Biennial Reexamination. To maintain their listing in the RCP
program and/or the individual proficiency component of the RMP program,
individuals must take and pass a biennial re-examination. EPA will
notify listed participants of this requirement within 120 days of their
exam expiration date. If an individual fails the exam, he/she may take
the examination as often as he/she wishes during the same calendar year
and not have to pay additional processing fees. This is a change from
the 1994 final rule. In the final rule each application for retest also
required that a $50.00 processing fee be paid. EPA has determined that
it was not cost effective to assess and administer the $50.00
processing fee for retests.
Fees will not be refunded in the event that a participant fails the
re-exam and/or chooses not to re-take the exam. If the same individual
wishes to re-enter the program by re-taking the exam, the individual
must re-apply. At the time that the application is submitted, EPA will
determine whether a user fee will be assessed. Since user fees are paid
for an entire year, so long as the original user fee was paid, an
individual wishing to re-enter the proficiency programs within the same
calendar year that he/she was delisted or failed the exam requirement,
will not be assessed an additional user fee.
b. New Applicants and the Exams. New applicants to the RCP Program
and/or the individual component of the RMP Program will be assessed a
user fee when their application has been accepted. A user fee must be
paid whether the individual passes or fails the exam. If an applicant
decides not to re-take a failed individual RMP program proficiency exam
or RCP exam, no further action is taken by EPA on the individual's
application. Fees will not be refunded in the event that an applicant
fails the exam and/or chooses not to re-take the exam. If the same
individual wishes to re-apply to the program by re-taking the exam, at
the time that the application is received, EPA will determine whether a
user fee will be assessed. Since user fees are paid for an entire year,
so long as the original user fee was paid, an individual wishing to re-
enter the proficiency programs by meeting the examination requirement,
will not be assessed an additional user fee.
7. Adjustment of Fees
EPA shall adjust the fees over the next three years to a level that
will ultimately be sufficient to recover the full annual costs of the
radon proficiency programs. Assuming that the Agency's cost of running
the proficiency programs remains the same over the next three years and
assuming that the level of participation in the proficiency programs
remains constant, the fee schedule for the next three years would be as
follows:
------------------------------------------------------------------------
Program element Fee year 3 Fee year 4 Fee year 5
------------------------------------------------------------------------
RMP Program:
Per Primary measurement
device...................... $540 $680 $825
Per Organization listed for
secondary services.......... 65 80 100
Per Individual listed for
measurement services........ 145 185 220
RCP Program:
Per Individual listed for
mitigation services......... 290 365 445
------------------------------------------------------------------------
The above table should only be considered as a guide. Actual fees for
each fiscal year will be adjusted based on program costs and
participation rates. EPA may also use the three-step process outlined
in the 1994 final rule to adjust the fees for years after 1995. If
future fee adjustments are made, the Agency will publish new fee
schedules in the Federal Register as a technical amendment final rule
to become effective 30 days or more after publication, as specified in
the 1994 final rule.
VI. Rulemaking Record
EPA has established a public record for this rulemaking (docket
control number A-90-09). The record for this rulemaking is available to
the public in the Clean Air Act Docket, located on the first floor
Waterside Mall, room M1500, U.S. Environmental Protection Agency, 401 M
St., SW, Mail Stop 6102, Washington, DC, 20460, open from 8:30 a.m. to
12 p.m. and 1:30 p.m. to 3:30 p.m., Monday through Friday, excluding
legal holidays, (202) 260-7548.
The record includes information considered by EPA in developing
this technical amendment. The record contains the following categories
of information: (1) Federal Register notices: ``Fees for Radon
Proficiency Programs and Training,'' Proposed Rule, FR vol. 55, No.
235, Thursday, December 6, 1990; ``User Fees for Radon Proficiency
Program,'' Final Rule, FR vol. 59, No. 53, Friday, March 18, 1994; (2)
Support Documents: ``Economic Impact Analysis of Radon Proficiency
Program User Fee Rule--Final Report.'' U.S. EPA/Office of Radiation and
Indoor Air, November 17, 1993; ``Technical Support Document for the
1995 User Fee Calculation in Support of the Radon Proficiency Programs
User Fee Final Rule,'' U.S. EPA/Office of Radiation and Indoor Air,
January 24, 1995; and, ``Operating Policies and Procedures for the User
Fees for Radon Proficiency Programs Final Rule--Fee Collection
Process,'' U.S. EPA/Office of Radiation and Indoor Air, June 19, 1995;
(3) Public
[[Page 41816]]
Comments received during the proposed rule notice and comment period
and those received by the Agency following publication of the 1994
final rule.
List of Subjects
40 CFR Part 195
Environmental protection, Radon, Proficiency programs, User fees.
40 CFR Part 700
Environmental protection, Radon, Proficiency programs, User fees.
Dated: August 7, 1995.
Carol M. Browner,
Administrator.
Therefore, 40 CFR part 195 is amended as follows:
PART 195--RADON PROFICIENCY PROGRAMS
1. The authority citation for part 195 continues to read as
follows:
Authority: 15 U.S.C. 2665.
Subpart B--Fees
2. Section 195.20 is revised to read as follows:
Sec. 195.20 Fee payments.
(a) Fee Amounts. Applicants to and participants in the RMP and RCP
programs shall pay fees according to the following fee schedule:
(1) Organizations Listed for or Seeking Listing for Primary
Measurement Services in the RMP Program.
(i) In order to remain a listed participant, each organization that
is listed for primary measurement services in the RMP program on the
effective date of this section shall pay an annual fee of $390 for each
device.
(ii) Each organization seeking listing for primary measurement
services that submits an initial application after the effective date
of this section shall pay an annual fee of $390 per device. This fee
will be prorated quarterly, based on the acceptance date of an
organization's application.
(iii) Organizations that have or are seeking a listing for
secondary measurement services for their primary devices will not be
required to pay the additional $50 fee applicable to secondary
organizations.
(2) Organizations Listed for or Seeking Listing for Secondary
Measurement Services in the RMP Program.
(i) In order to remain a listed participant, each organization that
is listed for secondary measurement services in the RMP program on the
effective date of this section shall pay an annual fee of $50 for each
business location listed.
(ii) Each organization seeking listing for secondary measurement
services that submits an initial application after the effective date
of this section shall pay an annual fee of $50 for each business
location listed. This fee will be prorated quarterly, based on the
acceptance date of an organization's application.
(iii) Primary organizations that have or are seeking secondary
listings for methods other than those for which they are listed as a
primary, are subject to the fees.
(3) Individual Proficiency Component of the RMP Program.
(i) In order to remain a listed participant, each individual listed
in the RMP individual proficiency program on the effective date of this
section shall pay an annual fee of $105.
(ii) Each individual who submits an initial application after the
effective date of this section shall pay an annual fee of $105. This
fee will be prorated quarterly, based on the acceptance date of an
individual's application.
(iii) Individuals who have or are seeking listing status as an RMP
primary or secondary organization are subject to the applicable fees
under paragraphs (a)(1) and (2) of this section.
(4) RCP Program.
(i)(A) In order to remain a listed participant, each individual
listed in the RCP program on the effective date of this section shall
pay an annual fee of $210.
(B) Each individual who is not a listed participant in the RCP
program on the effective date of this section and submits an initial
application after the effective date of this section shall pay an
annual fee of $210. This fee will be prorated quarterly, based on the
acceptance date of an individual's application.
(ii) An organization or individual who is not a listed participant
in EPA's radon proficiency programs on the effective date of this
section and/or whose proficiency program application has not yet been
accepted by EPA becomes subject to the fees described above once its
application has been accepted by EPA. Fees for such organizations or
individuals will be prorated quarterly, based on the acceptance date of
the application. To remain listed, each participant in the RMP or RCP
programs, whether individual or organization, shall submit the
appropriate annual fee to EPA each year.
(b) Exemptions. State and local governments are exempted from these
fees under section 305(e)(2) of TSCA, 15 U.S.C. 2665.
(c) Determination of Fees. (1) Participants listed in the RMP and
RCP programs on the effective date of this section will be sent, by
EPA, a payment invoice with its fee calculation at least 30 days before
the payment is due. Fees will be assessed based on the current
information in EPA's proficiency data bases. Participants who intend to
pay the invoiced fee amount must send their payment to EPA following
the procedures in the invoice. Organizations or individuals who wish to
notify EPA of any errors or corrections they wish to make to their
listing status must do so by following the instructions on the payment
invoice. Corrected payment invoices for both the RMP Program and the
RCP Program shall be sent to: Radon Proficiency Programs User Fees, c/o
Sanford Cohen and Associates, Inc. (SC&A), 1418 I-85 Parkway,
Montgomery, Alabama, 36106. EPA will review the corrections noted on
the payment invoice, adjust the payment invoice amount (as appropriate)
and issue a new invoice. Participants must pay the amount in the
corrected payment invoice within 30 days of the date listed on the
corrected invoice.
(2) If the appropriate fee or a revised payment invoice for an
individual or organization participating in the RMP or RCP program has
not been received by EPA on or before the payment due date, EPA will
send, by certified mail, notice that the individual or organization
will be delisted from the proficiency program unless he/she pays the
fee within 30 days of this second certified notification. If payment
still has not been received by EPA after 30 days of the second
certified notification, the organization's or individual's listing
shall be removed from the proficiency program.
(3) New or initial applicants to the RMP or RCP programs will be
assessed a fee at the time of their initial application. EPA will send
a payment invoice to the new applicant upon acceptance of the initial
application. The applicant will be given at least 30 days from the date
on the payment invoice to remit payment. The fee assessed will be
prorated quarterly, based on the acceptance date of the application. If
the appropriate fee has not been received by EPA by the payment due
date, the application will be placed in an inactive file with no
further action taken by EPA.
(d) Payment Procedures. Each remittance to EPA under this section
shall be in United States currency and shall be paid by certified
check, personal or business check, or money order made payable to the
order of the ``U.S. ENVIRONMENTAL PROTECTION AGENCY'' and sent to: U.S.
EPA, Washington Financial Management
[[Page 41817]]
Center, Radon Proficiency Program User Fees (IRAA), P.O. Box 952491,
St. Louis, Missouri, 63195-2491. The fee payment shall include the
original copy of the EPA payment invoice. Collection of fees will begin
in the calendar year beginning January 1, 1995. Specific guidance on
how and when fees must be paid can be found in How to Pay Your Radon
Proficiency Programs User Fees, U.S. EPA/Office of Radiation and Indoor
Air. Copies of this document can be obtained by contacting the RIS at
(334) 272-2797 or by FAX at (334) 260-9051.
(e) Adjustment of Fees. (1) EPA shall collect 100 percent of its
operating costs associated with its radon proficiency programs by
calendar year 1998. As necessary, EPA shall adjust the fees established
by this subpart each year over the next four years to collect the
following percentages of program costs:
------------------------------------------------------------------------
Year 1 Year 2 Year 3 Year 4 Year 5
------------------------------------------------------------------------
30%.......... 47.5% 65% 82.5% 100%
------------------------------------------------------------------------
Actual fees for each fiscal year will be calculated based on program
costs and participation rates. New fee schedules will be published in
the Federal Register as a technical amendment final rule to this part
to become effective 30 days or more after publication.
(2) EPA will use a three-step process to adjust the fees annually.
First, EPA will estimate the costs of providing each of the proficiency
programs for the upcoming year. EPA will account for future additional
fixed costs (e.g., updating examinations) and increases/decreases in
variable costs due to inflation and other factors. In order to
calculate increases/decreases in costs due to inflation, EPA may use
one of the three following indices: the Federal General Schedule (GS)
pay scale, the Consumer Price Index (CPI), and/or a component of the
CPI, such as services. Second, EPA will estimate the number of
participants for each program. At a minimum, these participation rates
will be based on past and current program participation rates. Third,
EPA shall calculate the per capita costs that individuals and
organizations should pay to enable it to recover its fixed and variable
costs each year for each program. EPA shall also consider potential
industry impacts as it adjusts to levels to ultimately achieve full
cost recovery over the period of five years.
[FR Doc. 95-20008 Filed 8-11-95; 8:45 am]
BILLING CODE 6560-50-P