[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Page 9301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03004]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6358-N-01]


Addressing Radon in the Environmental Review Process; Request for 
Comment

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, Department of Housing and Urban Development (HUD).

ACTION: Notice; request for comments on HUD's Draft Departmental Radon 
Policy.

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SUMMARY: HUD has posted CPD-21-136, titled, Departmental Policy for 
Addressing Radon in the Environmental Review Process, on its website. 
HUD invites public comments from interested individuals, entities, and 
other parties on that Notice's proposed clarification that radon as a 
radioactive substance must be considered in the environmental review of 
proposed HUD-assisted projects.

DATES: Comments are due on or before: April 14, 2023.

ADDRESSES: Interested persons are invited to submit comments on the 
proposed Departmental Radon Policy. Comments may be submitted to HUD 
electronically. All submissions must refer to the above docket number 
and title.
    Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. Electronic submission allows the maximum time to 
prepare and submit comments, ensures timely receipt by HUD, and enables 
HUD to make them immediately available to the public. Comments 
submitted electronically through the www.regulations.gov website can be 
viewed by interested members of the public. Individuals should follow 
the instructions provided on that website to submit comments.

FOR FURTHER INFORMATION CONTACT: Kristin L. Fontenot, Director, Office 
of Environment and Energy, Department of Housing and Urban Development, 
451 Seventh Street SW, Room 7282, Washington, DC 20410-8000; email 
Kristin Fontenot at [email protected], telephone 
(202) 402-7671 (this is not a toll-free number). HUD welcomes and is 
prepared to receive calls from individuals who are deaf or hard of 
hearing, as well as individuals with speech or communication 
disabilities. To learn more about how to make an accessible telephone 
call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

SUPPLEMENTARY INFORMATION: 

I. Background

    The purpose of CPD-21-136, Departmental Policy for Addressing Radon 
in the Environmental Review Process, (``CPD notice'') is to clarify 
that radon must be considered in the contamination analysis for 24 CFR 
parts 50 or 58; to provide guidance on recommended best practices for 
considering radon; and to identify the HUD programs that have 
established specific radon guidance. According to the EPA, radon is the 
leading cause of lung cancer in non-smokers and kills an estimated 
21,000 Americans each year. HUD seeks to protect resident lives by 
considering radon as part of the contamination analysis. The policy 
would apply to projects that:
     Require an environmental review at the level of 
Categorically Excluded Subject to 50.4 or 58.5 (``CEST''), 
Environmental Assessment, or Environmental Impact Statement; and
     Involve structures that are occupied or are intended to be 
occupied at least four (4) hours a day.
    The Policy would allow flexibility in how radon can be considered 
in the environmental review record. Radon testing and mitigation costs 
are eligible program activities for HUD programs and can be financed 
with most program funds. HUD's contamination policy does not apply to 
projects that are Categorically Excluded Not Subject to 24 CFR 50.4 or 
58.5 (``CENST'') or Exempt (24 CFR 58.34), unless specifically required 
by HUD program office requirements.

II. Request for Public Comment

    HUD invites the public to review the CPD notice at the following 
link: https://www.hud.gov/program_offices/comm_planning/environment_energy/notices. HUD is interested in any comments you have 
regarding the proposed departmental radon policy and is specifically 
interested in:
     What concerns do you have about implementation of the 
proposed radon policy?
     What specific guidance would a HUD grantee or interested 
member of the public need to successfully identify and mitigate radon?
    HUD will review comments received and will consider rulemaking or 
other administrative actions to establish radon testing and mitigation 
requirements for HUD-assisted projects.

Kristin L. Fontenot,
Director of the Office of Environment and Energy.
[FR Doc. 2023-03004 Filed 2-10-23; 8:45 am]
BILLING CODE 4210-67-P