HUD Issues Notice for Addressing Radon

By: Steven Molinari, Policy Analyst

On January 11, HUD issued Notice CPD-23-103, addressing radon in the environmental review process. The notice clarifies that radon must be considered in the contamination analysis process for programs subject to 24 CFR Parts 50 and 58, with the exception of Tribes, Tribally Designated Housing Entity (TDHE), and Department of Hawaiian Homeland (DHHL) recipients.

The intention of the notice is also meant to provide guidance on recommended best practices for considering radon and identifying HUD programs that have established radon guidance.

According to HUD, radon is subject for environmental review since it is categorized as a radioactive substance. Pursuant to HUD’s environmental regulations, HUD programs must be free of hazardous materials, contamination, toxic chemicals and gases, and radioactive substances.

On April 10, 2023, NAHRO submitted a comment letter to HUD’s request for comment to “Addressing Radon in the Environmental Review Process”. In the letter, NAHRO strongly urged consideration of federal funding to cover the cost of radon testing and any subsequent mitigation measures in connection with the rehabilitation, preservation or development of affordable housing and related community facilities.

Additionally, NAHRO expressed support exempting certain building types from further radon consideration and the use of alternatives for considering radon in the environmental analysis process other than the ANSI/AARST radon testing standards.

The notice mentions that costs for radon testing and mitigation qualify as an eligible program expense for many HUD grant programs. Of the many programs that qualify, most of them include community development programs like the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME). The Rental Assistance Demonstration (RAD) and the Public Housing Capital and Operating Funds are also eligible. The full list can be found in the notice.

Programs that are subject to this notice must comply within 90 days after the issue date.

For the full notice please see here.

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