Examination of Indoor Air in Basements and Cellar Apartments for Radon and Certain Organic Chemical Vapors

Online comments: 5

• Five Star Environmental - Peter Wilk

  Please specify what credentials or licenses are required for professionals conducting the testing. To our knowledge, there are no specific licenses for radon or VOC sample collection.

  Comment added July 23, 2025 10:33am

• Jack Glass - ALC Environmental

  The proposed rule sets out specific requirements to perform the collection of TO-15 air samples. Specifically, the rule states:

  (1) hold a current professional engineer’s or a professional geologist’s license or
  registration issued by the State or another state, and have the equivalent of three
  years of full-time relevant experience in site investigation and remediation of the
  type detailed in this Part; or (2) be a site remediation professional licensed or
  certified by the Federal government, a state or a recognized accrediting agency, to
  perform investigation or remediation tasks consistent with department guidance,
  and have the equivalent of three years of full-time relevant experience.

  While PGs and PEs are well-trained, the collection of Indoor Air Quality samples is not in their specific expertise. The investigation of Indoor Air Quality is directly in the purview of the Industrial Hygienist. It is not reasonable to exclude IHs and, more specifically, the Certified Industrial Hygienist (CIH) from a task that they are specifically trained and certified to perform.

  I request the addition of CIH to the list of professionals permitted to conduct this monitoring.

  Comment added July 23, 2025 11:01am

• SAIDREZA B. FARROKH

  Proposed rule: The adoption of NYS-DEC rule for must be conducted by a “qualified environmental professional.” The rule requires that such a person must: (1) hold a current professional engineer’s or a professional geologist’s license or registration issued by the State or another state, and have the equivalent of three years of full-time relevant experience in site investigation and remediation of the type detailed in this Part; or (2) be a site remediation professional licensed or certified by the Federal government, a state or a recognized accrediting agency, to perform investigation or remediation tasks consistent with department guidance,
  and have the equivalent of three years of full-time relevant experience.

  Objection to this language: There are many other professionals who have been involved in Indoor Air Quality Studies/investigations and have performed Radon/TO-15 testing such as Professional Industrial Hygienist (Article 146 in New York State law does address the practice of industrial hygiene and safety), NYS-DOL Workplace Safety and Loss prevention consultant (12 CRR-NY 59-1.12); Professional Environmental Consultant or Certified Indoor Air Quality Manager [The National Registry of Environmental Professionals® (NREPSM), established in 1987].

  The proposed rule intention looks creating another scheme to take advantage of home owners. I have been on more than 100 construction jobs and many Site Safety Manages have no knowledge of “so-called chapter 33” since the department has opted not to ask these license holders taking exams every five years to check their knowledge/competencies.

  Lastly; Indoor air quality (IAQ) professionals in New York State don’t have a singular, dedicated license issued by the NYS Department of Environmental Conservation (DEC) that specifically covers all aspects of “indoor air professional” work. However, depending on the specific tasks they perform, IAQ professionals may need to meet certain requirements or certifications overseen by the DEC or other state agencies like the New York State Department of Health (NYSDOH) or the New York State Department of Labor (NYSDOL).

  These requirements are not intended to make qualified person to conduct TO-15 (which I have done so many times) or Radon testing since 1987.

  The purpose of this new regulations are not clear whether the proposed rule intends to protect the occupants and NYC citizens or just creating another industries for many scammers and unqualified individuals.

  I have attached one document that an industrial hygienist with three years experience and as defined by AIHA/ACGIH can perform the work and NYS-DEC has no such definition.

  Copy of this comment has been sent to President of NYC Council.

  SAIDREZA B. FARROKH
  HSE COMPLIANCE DIRECTOR
  IAQ/RADON SPECIALIST SINCE 1985

  Comment attachment
  NYS-RULE-A4107.pdf

  Comment added July 24, 2025 2:33pm

• SAIDREZA B. FARROKH

  Proposed rule: The adoption of NYS-DEC rule for must be conducted by a “qualified environmental professional.” The rule requires that such a person must: (1) hold a current professional engineer’s or a professional geologist’s license or registration issued by the State or another state, and have the equivalent of three years of full-time relevant experience in site investigation and remediation of the type detailed in this Part; or (2) be a site remediation professional licensed or certified by the Federal government, a state or a recognized accrediting agency, to perform investigation or remediation tasks consistent with department guidance,
  and have the equivalent of three years of full-time relevant experience.

  Objection to this language: There are many other professionals who have been involved in Indoor Air Quality Studies/investigations and have performed Radon/TO-15 testing such as Professional Industrial Hygienist (Article 146 in New York State law does address the practice of industrial hygiene and safety), NYS-DOL Workplace Safety and Loss prevention consultant (12 CRR-NY 59-1.12); Professional Environmental Consultant or Certified Indoor Air Quality Manager [The National Registry of Environmental Professionals® (NREPSM), established in 1987].

  The proposed rule intention looks creating another scheme to take advantage of home owners. I have been on more than 100 construction jobs and many Site Safety Manages have no knowledge of “so-called chapter 33” since the department has opted not to ask these license holders taking exams every five years to check their knowledge/competencies.

  Lastly; Indoor air quality (IAQ) professionals in New York State don’t have a singular, dedicated license issued by the NYS Department of Environmental Conservation (DEC) that specifically covers all aspects of “indoor air professional” work. However, depending on the specific tasks they perform, IAQ professionals may need to meet certain requirements or certifications overseen by the DEC or other state agencies like the New York State Department of Health (NYSDOH) or the New York State Department of Labor (NYSDOL).

  These requirements are not intended to make qualified person to conduct TO-15 (which I have done so many times) or Radon testing since 1987.

  The purpose of this new regulations are not clear whether the proposed rule intends to protect the occupants and NYC citizens or just creating another industries for many scammers and unqualified individuals.

  I have attached two documents that an industrial hygienist with three years experience and as defined by AIHA/ACGIH can perform the work and NYS-DEC has no such definition.

  Copy of this comment has been sent to President of NYC Council.

  SAIDREZA B. FARROKH
  HSE COMPLIANCE DIRECTOR
  IAQ/RADON SPECIALIST SINCE 1985

  Comment attachment
  NYS-RULE-A4107-1.pdf

  Comment added July 24, 2025 2:34pm

• Maddie DeCerbo

  attached

  Comment attachment
  20250724-REBNY-Comments-DOHMH-Radon-and-Vapor-Rules.pdf

  Comment added July 24, 2025 4:22pm