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Autumn 2015Your source for timely practical information you need to succeed in the radon profession
Certified Radon Pros - A Real Estate Professional’s Best Friend
NRAP Official Roll-out November 10th
6 Strategies To Reduce Exposure to Liability
Public Policy Updates
Association News
2 The radon reporTer / autumn 2015
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Autumn 2015
29th International Radon Symposium™ Boasts Record Attendance!™
continued on page 23
329 in Bloomington, Minnesota you say? No Way!
“It’s always a good sign when you have to add more seat-
ing on the first day of the conference. The hotel lined up two
extra rows in the back and we still had standing room only,”
reported Shawn Price, AARST President. “Up on the podium, I
could see the effort of hotel staff to accommodate the crowds.”
According to Symposium Manager Nicole Chazaud, nearly
100 radon professionals attended pre-Symposium C.E. courses
on Sunday the 20th. Ready for some fun after a full day of
learning, the social festivities began on Sunday evening with a
welcome reception. Special guest Goldy, the UMN mascot es-
corted by Bill Angell, greeted and amused the attendees with
his antics.
The Symposium Planning Committee and staff anticipated the
Joint Meeting day to accom-
modate 375 seats for AARST
and CRCPD. Nearly 450
people attended the policy
sessions on Monday, Sep-
tember 21, 2015. It was a
result of good planning and
outreach through a team ef-
fort. Registration and flow
into pre-Symposium classes
was as smooth as it has ever
been thanks to a dedicated
staff and key volunteers. Ni-
cole gives an organizational
“hats off” to Johnna, Janna, Jan, Marcey, Dave, Pat, Kevin,
Bruce, Shannon and the many volunteer Symposium Ambas-
sadors who helped out.
Monday’s Joint Meeting day attraction this year was not only
the content, but also the entire day was covered as Category
I (requiring an on-site quiz, which over 150 attendees took
advantage of). Track II, AARST’s Nuts and Bolts practical ses-
sions, began after lunch and included introductions to new
standards and QA/QC guidance, liability subjects and working
with real estate professionals.
Monday’s keynote speakers and presenters addressed risk re-
duction science and policies. Dr. Antonio Neri of the Center
for Disease Control (CDC) presented an analysis of the effec-
tiveness of new radon policy and other program initiatives at
the state, local and tribal levels. He also communicated details
of direct radon-related health initiatives, including radon risk
reduction goals and the focus on awareness in many state-
wide Cancer Control Plans. In addition, Dr. Neri highlighted
the success of new radon awareness program initiatives in a
number of states and tribal nations while presenting references
for policy and programmatic risk reduction success which are
posted on the CDC’s website.
Other Keynote speakers and presenters included; Dr. Aaron
Goodarzi, of the University of Calgary, who spoke regarding
genetics and radon in a presentation entitled, Genome Instabil-
ity is Breathtaking, Dr. Tahera Emilie Van Deventer provided
an update from the perspective of the World Health Organiza-
tion and Tony Colgan from the International Atomic Energy
Agency (IAEA) presented on
radiation safety programs in-
volving radon in Europe.
Monday’s biggest news for ra-
don professionals came from
Janice E. Nolen, the American
Lung Association’s Assistant
for Government Affairs. Janice
spoke on behalf of a group of
radon stakeholders including
AARST, other non-government
agencies and key federal agen-
cies, previewing the release
of the National Radon Action
Plan (NRAP) this coming November. The NRAP reflects the
work and efforts of various stakeholders who have contributed
to shaping radon policy and action and is a concerted effort to
reduce radon in over 5 million homes and to save 3,200 lives
by 2020. (see related article on p.13).
Full sessions in Tracks I and II occurred on Tuesday and
Wednesday, with over forty presentations ranging from peer-
reviewed research on radon absorption, measurement tech-
niques, and sub-slab pressurization, to legal theory for the
radon professional by AARST member Pat Zitek. Due to the
comprehensive programming, it was possible for a radon
4 The radon reporTer / autumn 2015
OFFiCERSPRESIDENT: Shawn Price [email protected]
PRESIDENT ELECT: Phil Jenkins, PhD [email protected]
VICE PRESIDENT: Matt Koch [email protected]
VICE PRESIDENT: David Wilson [email protected]
SECRETARY: Arnold Drennen [email protected]
TREASURER: David Kapturowski [email protected]
AARST CHAPTERSEmail: [email protected]
Erie Canal Joe Mahr [email protected]
Heartland Gary Boesker [email protected]
Kentucky (KARP) Kyle Hoylman [email protected]
Midwest Eric Lewandowski [email protected]
New EnglandDave Hill [email protected]
Ohio (OARP) Tracey Capuano [email protected]
Pennsylvania (formerly Tri-State) Celia Rajkovich [email protected]
Rocky Mountain Tammy Linton [email protected]
NATiONAL DiRECTORSCarolyn Allen [email protected]
Jay Bauder [email protected]
David Daniels [email protected]
Tony [email protected]
William [email protected]
John Mallon [email protected]
Steve [email protected]
Alexandra R. [email protected]
Gloria [email protected]
STAFFExecutive Director, AARST-NRPP Peter C. Hendrick, (603) 756-9259 [email protected]
Jane Malone, National Policy Director [email protected]
Nicole Chazaud Communications/Symposium [email protected]
Johnna McNamara, Exam Coordinator [email protected]
Janna Sinclair Credentialing Coordinator [email protected]
Jan Orr AARST Membership Coordinator [email protected]
NRPP Compliance [email protected]
Pat Everett, Radon Reporter, Editor Emeritus
AARST, the American Association of Radon Scientists &
Technologists, is a nonprofit, professional organization
dedicated to the highest standard of excellence and ethical
performance of radon measurement, mitigation, and transfer
of information for the benefit of members, consumers, and the
public at large. AARST’s leadership is democratically elected by
the members.
AARST represents your voice as we meet the wide range of
challenges facing radon professionals and the community.
Your membership and participation provides you a voice in the
changes to come, and allows you to gain updated information,
discover new techniques, learn about new problems before
they occur, and hone your professional skills.
AARST has several local chapters where you can meet other
radon professionals and state and federal officials who work
with the radon industry.
AARST Radon Reporter is published quarterly by the American Association of Radon Scientists & Technologists, Inc. Copyright © 2015 American Association of Radon Scientists & Technologists. All rights reserved.
Certified Radon Pros - A Real Estate Professional’s Best FriendEstablish a positive partnership with real estate professionals and Test
and Mitigate in a timely and professional manner following the new
TRID guidelines keeps you ahead of your peers. Communication and
attention to new rulings make you the go-to certified radon
professional. Page 18, by Peter Hendrick.
National Radon Action Plan – A Strategy for Saving Lives The New National Radon Action Plan rolls out November 10th. Will
you be a part of Radon Risk Reduction in 5 million homes by 2020?
See how this might effect you on Page 13, by Jane Malone.
6 Strategies To Reduce Exposure to Liability6 helpful must-do tips to protect your business and personal assets. It’s
about the entire package, do it all and you stand out as a professional
who excels. Page 22, by Patrick Zetik.
Association NewsAARST-NRPP updates, AARST Board election results, Leadership
awards and much more. Page 3
Public Policy UpdatesUpdate on Voting Radon into Building Code. Page 12
Photo Credits for this Issue:Many thanks to many members and friends of AARST who stepped up to the task , in the absence of the AARST Photograpgher, at the Radon Symposium, to archive the entire event:
in This issue:
RadonAway page 2
Fantech page 5
RCi page 8
AccuStar page 9
Radon Supplies page 10
Air Chek page 15
University Educational Services, inc. page 18
PDS page 23
AD iNDEx
The radon reporTer / autumn 2015 5
6 The radon reporTer / autumn 2015
The AARST Annual Business Meeting takes place during the Symposium. In addition to Association reports, Shawn Price AARST President, presented a number of awards at this year’s Symposium including the President’s Awards, whose recipients are selected by the President with guidance and input from Board officers and the Scott Akerblom award, which is awarded to an individual based on guidance from a selection committee. We congratulate our winners for 2015. presented a number of awards: The President’s Awards, whose recipients are chosen typically by of the President with guidance and input from officers from the board. The Scott Akerblom is typically awarded to an individual based on guidance from a selection committee. All awards are
prestigious and we congratulate our winners for 2015.
AARST Citizenship Award For outstanding dedication, and commitment, to further the excellence of the Association.
Recipient: Kevin Stewart
Kevin Stewart has shown consistent participation on the Board, committees, and the various industry discussions that take place across the radon community. His participation in board efforts is meticulous, editorial and precise. He has been known to ask questions,
sometimes difficult, which initiate thorough discussions on important items. Thank you Kevin, for your contributions
over the years.
AARST Governance Award For significant contributions as the AARST Secretary and dedication to radon science.
Recipient: Michael Kitto, PhDMike Kitto has participated in the AARST Board as Secretary for three terms. He took his duties as Secretary seriously. His commitment and professionalism helped to ensure Board meeting success. Mike also contributes on the Technical and Science Committee, has authored
technical papers, and provides lists of radon-related papers published across the world each year. (monthly installments
are featured in each monthly edition of RN Biz ™, the AARST E-newsletter.) We look forward to Mike’s future contributions
to the Association on the Technical and Science Committee.
AARST National Real Estate Leadership AwardFor outstanding commitment to the education of radon health risks, testing and mitigation in the Real Estate industry.
Recipient: Kerry Kidwell In 2014 AARST began outreach to our partners in the real estate industry. Beginning as nominations and award recipients on regional levels, our Chapters continue to recognize participation in the Radon Risk reduction communication efforts by celebrating colleagues in the
real estate industry. The Regional winners are awarded throughout the years, and the 2015 National award recipient is chosen, using stringent criteria for such a prestigious level of acknowledgement. The national winner is chosen from the pool of regional winners from the previous year. AARST recognizes real estate agents across the country for their leadership in the radon message. Kerry exemplifies this award through all of his work and training in the real estate circles in Illinois. Since the 1980’s, Kerry’s focus has been training real estate agents and the public about radon. His goal is to break the proverbial door down in regards to radon, and communicate, educate, and guide home buyers and real estate professionals in the need to test and fix if needed. He will often say to other real estate professionals, “Encouraging buyers to test for radon is better than any closing gift; you may be saving their lives!
Elizabeth Hoffman Award For dedication to saving lives and advancing state policy to prevent radon-induced lung cancer through advocacy.
Recipient: Gail Orcutt As a lung cancer survivor, Gail has shown strength and resolve in tackling radon policy and legislative efforts in her home state of Iowa. Gail has met with key political leaders and provided testimony on the dangers of radon-induced lung
AARST ASSOCIATION NEWS
The radon reporTer / autumn 2015 7
cancer and has been very involved in the radon in schools initiatives at the State and National level. We owe Gail Orcutt and Liz Hoffman a debt of gratitude for putting the very important stamp of reality on our radon messaging and are grateful for Gail’s continued efforts regarding radon
advocacy.
innovative Leadership AwardFor innovation, dedication, and effectiveness in furthering radon education and awareness in the United Kingdom.
Recipient: Rebecca CoatesIt is exciting to see other countries embrace the public health risks of radon, radon risk reduction, research, communications and testimony to get laws passed. Each year at the Symposium we hear from many in regards to new international research, studies and programs. The
UK has risen to the challenge and is flourishing under the guidance of Rebecca, who has altered the way radon risk is communicated and perceived in the UK. She presented radon information in educational cpds to almost 5000 building professionals (including architects, building surveyors, construction specialists and occupational health practitioners) and is the Co-founder, director and driving force in UK Radon Association (UKRA). Her resume of participation, lobbying, communication and publicity in the UK reads like the European Radon Association (ERA) has been at it for 29 years. They have not, ERA was formalized
in 2013!
Jack Bartholomew Award For dedication and education of the dangers of radon gas toprevent radon-induced lung cancer.
Recipient: R. William (Bill) Field, PhDThis award is a living testimony of the unique qualities found in Jack Bartholomew’s passion to educate. Matching educators today to Jack’s level of dedication is difficult, and the task this year turned our eyes to Bill Field. Bill has been educating people for
years on the subject of radon and most of his work goes on outside of the radon community, such as his work on the President’s Cancer Panel. Earlier this year, Bill made a trip to the White House to educate the Office of Management and Budget (OMB) on the topic of radon and its significant impact on public health. He delivered presentations at several regional radon stakeholder meetings this year and his description of the evidence that we have on the health effects of radon exposure is unquestioned by anyone in the audience. Bill continues epidemiological research at the University of Iowa and he inspires his students to attain
greater levels of excellence, research and clarity.
Scott-Åkerblom AwardFor dedication to radon education, science, and technical review of research abstracts submitted to the International Radon Symposium.
James F Burkhart, PhDDr. Burkhart is deserving of awards at several levels and this is arguably AARST’s highest honor. Past recipients include Arthur Scott, Gustav Åkerblom, Andy George, Paul Kotrappa, and Phil Jenkins. While this award has gone to individuals who have made technological advances in
the radon sciences, Jim has advanced the credibility of AARST and the entire industry through the peer-review process that he has led for Symposium papers. Jim’s determination that AARST be THE leader in radon research has had a direct bearing on the reputation and integrity that AARST enjoys today. This hard-earned credibility is international in scope, as researchers and scientists from around the globe regard the International Radon Symposium™ as the pinnacle of radon-specific meetings; getting papers published through AARST is a significant accomplishment. We are proud to honor our
dear friend and leader.
AARST ASSOCIATION NEWS
8 The radon reporTer / autumn 2015
The radon reporTer / autumn 2015 9
Newly electeD 2016-2017AARST Board Membersnow include:
President Elect Phil Jenkins (2018)
Vice President Matt Koch (2017)
Dave Kapturowski (2017)
Secretary Arnold Drennen (2017)
National Directors John Mallon (2017)
Alexandra R. Stieff (2017)
Steve Tucker (2017)
William Goebel (2017)
Gloria Linnertz (2017)
AARST ASSOCIATION NEWS 2015 Election: New Board Members Announced at the 29th Symposium!
Did you know, that AARST bylaws require annual elections for the national
board? Fourteen AARST members volunteered for a total of nine spots
to be filled this year, five directors & four officer positions. AARST voting
is a benefit for full AARST members and takes place annually as 5 board
positions and various officers come to the end of their terms. Except for the
President, whose term/s include one year as President Elect and one year as
Past President, board members serve for 2 years in alternating sets of years
so overlap of existing boards remain as new members step in.E-voting lasted
approximately 30 days. All AARST members are emailed through Constant
Contact alerting them of the ballot and close date to vote. This year, voting
opened on August 18thand closed September 19th. Voting is electronically
tallied by VoteNet, an independent third party balloting service which
specializes in non-profits association elections. The day after the close of
the online polls, the tallies from VoteNet (which also archives the election)
are downloaded to the Election Committee. The AARST Election committee
consists of the AARST Secretary, board, and a radon non-board members,
verifies the elections and tries to notify all the candidates of the results
10 The radon reporTer / autumn 2015
AARST ASSOCIATION NEWS Continued from page 9
before the Annual Business Meeting (Tuesday Sept 22nd at
the Symposium.) Of the fourteen candidates, the remaining
five candidates may be approached in the last quarter of
the year to serve on various AARST committees, as serving
on a committee is no less important to the functions and
decision making processes of the association and helps
to showcase their talents for future board elections. In
additional to elected board members, Chapter Presidents,
elected by their local chapter members, hold a seat on the
AARST National Board.
Congratulations to all our leaders!
AARST & Stakeholder MeetingsEnergized Professionals Attend New York Stakeholders Meeting
A New York Stakeholders meeting, sponsored by the New
York Radon Coalition and the New York Department of
Health radon program at the University of Albany East,
was held October 22, 2015. A cross-section of New York
radon professionals and public health professionals were
welcomed by Dr. Nathan Graber, M.D., Director of the
Center for Environmental Health, who stressed the high risk
that radon represents and the positive impact of prevention.
This was followed by presentations covering the New York
state’s radon program’s service and a presentation on Radon
in Water by New York state research scientist Dr. Michael
Kitto. Michelle Wunderlich spoke about the National Radon
Safety Program and Peter Hendrick provided an overview on
codes, national policy and the compliance program within
AARST’s certification agency, the National Radon Proficiency
Program (See Related Article QAQC Policies In a Nutshell
The radon reporTer / autumn 2015 11
page 18. Participating radon professionals
vocalized their support of more state regulation
of the industry, resulting in AARST organizing
a policy committee to seek new authorizing
legislation to raise the bar in New York. In
addition, the committee will address the issue
of untrained, inexperienced people who claim
to be radon professionals and the adverse effect
they have on consumers in the marketplace, as
well as seeking residential and building radon
code adoption in the state.
American Public Health Association’s Annual Meeting & Exposition
October 31—November 4, 2015, is where
public health professionals convene, learn,
network and engage with peers. By attending
APHA’s Annual Meeting, we strengthen the
profession of public health in regards to radon,
by sharing the latest research and information,
promoting best practices and advocating
for radon as a public health issue. This will
be the Foundation’s second year attending,
giving AARST and the AARST Foundation
an opportunity to discuss radon health risk
reduction with thousands of public health
officials attending the conference.
National Assotiation of Realotors Annual Conference
AARST and NRPP are going to the BIG
SHOW. We’ll be represented at the National
Association of Realtors Annual Conference
in San Diego, November 14-16 and will be
delivering a simple but powerful message:
“Realtors Play a Key Role in Reducing Radon
and Saving Lives.” We’ll be inviting attendees
to partner early with AARST and NRPP-
certified professionals to inform and educate
their clients about this deadly radioactive
gas. Partnering with AARST Standards and
professionals reduces liability and makes the
real estate transaction smooth sailing!
AARST ASSOCIATION NEWS Letter of intent Signed
AARST Joins Coalition of international Radon Associations (COiRA)
Radon risk reduction is developing as a professional endeavor worldwide. AARST recently joined with other professional associations in other countries to form an alliance – a think tank of sorts - to create a larger international conversation about radon, awareness, risk reduction, policies and standardization and communicate information and ideas.
At this year’s Symposium in Minnesota, a Letter of Intent was signed between representatives of AARST and international organizations including the Canadian Association of Radon Scientists and Technologists (CARST), the UK Radon Association (UKRA) and the European Radon Association (ERA.) Leaders took the step to form a coalition, to be known as the Coalition of International Radon Associations (COIRA), to enable radon scientists and professionals to establish to further radon reductions initiatives around the world.
COIRA was established in order to agree upon positions on identified key radon issues and communicate these, to relevant policy bodies, both national and international (WHO, IAEA, ICRP, ICRU, etc). A unified voice is hoped to speak more loudly than one in making radon awareness a global issue for action. The coalition hopes to identify and preserve certain fundamentals, such as the need for radon risk reduction to be considered in all types of buildings, protection of non-smokers as well as smokers, radon reduction recognized as an indoor air quality issue and a public health problem, ensure new building stocks are properly protected from radon intrusion, and the develop competent radon mitigation industries.
One specific topic to be explored is to create a system of international radon chamber inter-comparisons. By having several national associations requesting the same need, this may further the goal of such a worthy project.
From left to right: ERA - James (Jim) McLaughlin, UKRA - Martin Freeman, CARST - Alan Whitehead, AARST - Shawn Price
12 The radon reporTer / autumn 2015
PUBLIC POLICY UPDATESiBC iCC Codes UpdatesAppendix N for Radon Reduction Coming to the iBC’s 2018
Edition
On Monday, October 5th, a strong majority of the eligible
governmental members of the International Code Council
presented at a hearing in Long Beach, CA voted to support
a new Appendix N for Radon Reduction in the International
Building Code (IBC).This vote will be confirmed by an
electronic vote among eligible governmental ICC members
in December or January.
Appendix N, Radon Reduction (known in the ICC process as
G209 As Modified by Public Comment 1) was proposed as a
public comment by EPA, with AARST’s strong support, after
the IBC Committee voted in April to reject EPA’s proposal
(G209) to require radon reduction in educational buildings.
Jane Malone and EPA’s Jani Palmer attended the ICC hearing
in Long Beach to present Appendix N.
ACTiON NEEDED: Radon professionals, health advocates
and others should thank your local /state code officials
for iCC members’ support to date for Appendix N Radon
Reduction in the iBC and ask, if they will be voting during
the iCC online governmental consensus voting process in
December or January, for support for G209 As Modified by
Public Comment 1 (G209 AMPC1).
There has never been any RRNC provision whatsoever for
radon in the IBC. The IBC applies to schools, multi-family
housing, workplaces, and other occupied buildings not
covered by the IRC. The IBC is in effect state-wide in 31
states and is used by local jurisdictions in all other states.
Like IRC Appendix F, the IBC Appendix N will only apply in
Zone One buildings and only upon locality or state adoption.
When adopting Appendix N, the jurisdiction will have the
option to restrict the types of buildings that will receive
RRNC to categories such as schools, residential structures,
workplaces, occupied buildings, and more.
iCC Government Relations Manager Speaks at theSymposium
Rick Hauffe, the International Code Council’s Government
Relations Regional Manager for Iowa, Minnesota, Nebraska,
North Dakota and South Dakota, presented Tuesday
morning at the Symposium. He stated that ICC was created
in 1994 as a non-profit organization dedicated to developing
a single set of comprehensive and coordinated national
model construction codes. The ICC codes were built on the
work of ICC’s three founders and predecessors: the Building
Officials and Code Administrators International (BOCA),
International Conference of Building Officials (ICBO), and
Southern Building Code Congress International (SBCCI).
Rick explained how the future edition of the green
construction code will be powered by Standard
189.1,Standard for the Design of High-Performance, Green
Buildings except Low-Rise Residential Buildings, which was
developed as an American Society of Heating Refrigeration
and Air-conditioning Engineers (ASHRAE) standard. This
i-CODE DEVELOPMENT CYCLE Source: ICC – adapted by AARST
The radon reporTer / autumn 2015 13
standard will be jointly managed through the
ASHRAE standards maintenance process and
co-sponsored by the American Institute of
Architects, Illuminating Engineering Society
and the U.S. Green Building Council along
with ASHRAE and ICC. The new iteration of
189.1 is scheduled to be released in 2018.
EPA and AARST are working on a proposal
to strengthen the radon provision in this
code.
Rick also outlined the way ICC members
determine how the codes can change during
the three-year code development process.
PUBLIC POLICY UPDATESICC was created in 1994 as a non-profit organization dedicated to developing a single set of comprehensive and coordinated national model construction codes.
iMPORTANT ANNOUNCEMENT REGARDiNG iRC’S APPENDix F FOR RRNC iN ONE- AND TWO-FAMiLY DWELLiNGS
Due to an administrative error at the International Code Council, Appendix
F was misprinted in the 2015 International Residential Code (IRC). A fairly
extensive code change proposal (that was not approved by the membership
during the code development process) was somehow added to the First
Printing of the IRC. ICC has issued an errata. You can read the errata at http://
www.iccsafe.org/wp-content/uploads/errata_central/2015IRC-AppendixF.pdf
Note that the ICC’s electronic and web versions of the 2015 IRC will remain
incorrect unless and until ICC issues a second printing; the errata supersedes
the first printing of the code.
WHAT YOU NEED TO DO:
Keep using the 2012 version of Appendix F. The correct version is here: http://
publicecodes.cyberregs.com/icod/irc/2012/icod_irc_2012_appf_section.
htm?bu=IC-P-2012-000002&bu2=IC-P-2012-000019
Alert homebuilders, code officials, and other radon professionals that the ICC
book, electronic and web versions of the 2015 IRC, First Printing, are wrong,
and that the 2012 version is still in effect.
National Radon Action Plan – A Strategy for Saving Lives Program Announced - Rolls Out in November 2015 initial initiatives Underway in Housing Finance and Codes
Janice E. Nolen, the American Lung Association’s Assistant
Vice President for Government Affairs, attended this year’s
Symposium in Bloomington. Attendees had the opportunity
to hear first-hand a preview about the new National Radon
Action Plan (NRAP), to be released to the general public mid-
November. Ms Nolen spoke at length of the new program,
the workgroup involved in the creation of a very specific
plan of action for eliminating avoidable radon-induced
lung cancer in the United States, and a bit of history about
how the NRAP plan came to fruition. AARST leadership has
been at the table throughout the development of the NRAP,
along with like-minded groups, such as the American
Lung Association, CRCPD, CanSAR, CRRR and other non-
governmental organizations (NGOs).
The Plan’s near-term goals are to reduce radon risk in 5
million homes and to save 3,200 lives by 2020. The 2020
goals offer bold and important milestones, but they are not
the endpoint.
The ultimate goal is to eliminate avoidable radon-induced
lung cancer in the United States by incorporating radon
testing, radon mitigation and radon-resistant construction
into systems that govern purchasing, financing, constructing
14 The radon reporTer / autumn 2015
PUBLIC POLICY UPDATESContinued from page 13
and renovating homes and other buildings. Using simple and proven technologies, avoidable radon-induced lung cancers can
be eliminated. The Plan seeks to apply those technologies as standard practice in order to, over time, reduce exposure risk across
the U.S. building stock.
When we find, fix and prevent high indoor radon levels as a standard practice so that no American is exposed to avoidable radon
at home, school or work, we will have achieved the vision of this Plan.
SOME HiSTORY: NRAP’s Roots in the FRAP
In 2010, nine federal agencies came together to look for new solutions. They developed the Federal Radon Action Plan (FRAP)
and launched 30 projects that promote action through three approaches: (1) Test for and mitigate high radon using professional
radon services, (2) Provide financial incentives and direct support where needed for radon risk reduction and (3) Demonstrate the
importance, feasibility and value of radon risk reduction.
An inter-agency effort, using existing authority but no extra funding from Congress, the FRAP is estimated to have implemented
policies and programs that reached 1.6 million homes, schools and childcare facilities, resulting in an additional 200,000 units
The National Radon Action Plan 6
Table 1: National Radon Action Plan: Priority Strategies for Saving Lives
What Needs to Happen Strategies to Drive Change Outcomes We Seek
1Build in Radon Risk Reduction
Work with government, quasi-governmental and private sector housing finance organizations to encourage radon testing and mitigation as a standard practice.
Housing finance and insurance industries take actions that will increase radon testing and mitigation in homes.
Embed radon risk-reduction requirements in state and local building codes.
State and local building codes require that homes be built to resist radon.
Develop the research base on the cost-effectiveness of preventive and mitigation actions for radon in energy upgrades.
Energy upgrades include radon risk reduction as standard practice where needed.
2 Provide Incentives and Support for Radon Risk Reduction
Ensure radon is a priority risk addressed in healthy homes programs and grant-making.
Criteria for national programs promoting healthy homes include radon risk reduction.
Leverage government-backed and other housing loans to cover radon mitigation.
New sources of funding are available to motivate homeowners to test for and mitigate high radon levels.
Secure direct support from philanthropies, charities and other sources, including governments, to reduce radon risk for low-income Americans in homes, schools and childcare centers.
Radon mitigation is financed in buildings where the occupants are unable to afford testing and mitigation on their own.
Leverage tax incentives, including health spending accounts, to cover radon mitigation costs in order to reduce cancer-related healthcare costs.
Tax incentives exist that increase voluntary radon testing and mitigation.
3Build Capacity to Test and Mitigate Using Professional Radon Services
Finalize and disseminate consensus standards for testing, mitigating and ensuring measurement device accuracy.
Quality professional standards to support the certified radon services industry are widely recognized, disseminated and adopted.
Provide training on high-quality radon testing and mitigation in home health and safety training.
Home health and safety training programs for in-home service practitioners routinely include radon.
Promote the radon profession to practitioners, such as home inspectors.
More certified radon professionals are available nationwide.
4Increase Visibility for Radon Issue
Promote radon testing and mitigation through a comprehensive disclosure of health risk to home buyers and loan borrowers.
State and local laws require that sellers disclose knowledge of radon levels and information about radon to prospective buyers.
During property sales, borrowers request testing and mitigation where needed to reduce radon risk.
Encourage state cancer control plans to prioritize radon.
State cancer plans include strategies for reducing radon.
Focus on radon in coordinated messaging about health risks in homes, schools and childcare centers.
Increased amount, coordination and effectiveness of communication tells Americans that radon is a serious risk that needs to be a priority for action.
Promote radon awareness to medical, public health and childcare communities through consistent outreach using targeted materials.
Medical, public health and childcare practitioners educate patients and families about radon during routine encounters and increase their actions to reduce radon in home and childcare environments.
The
Nat
iona
l Rad
on A
ctio
n Pl
an
5
being tested and mitigated.
One key milestone success of the FRAP was
the HUD FHA Multifamily Mortgage policy
on radon that now requires testing and
mitigation (by certified professionals) for any
financing of any FHA multifamily property.
The FRAP and NRAP are different but focus
on complementary efforts. FRAP was a new
starting point among federal entities only,
while NRAP is working on core initiatives
that change the foundation of the nation’s
risk reduction effort.
The NRAP goal is to initiate programs
and policies that will lower radon in an
additional five million homes by 2020 – a
very significant and aggressive goal. The
plan’s vision is to make radon risk reduction
standard practice to eliminate avoidable
radon-induced lung cancer in the United
States.
AARST and the American Lung Association
worked in a national radon workgroup with
other NGOs and several federal agencies
to develop the NRAP. The workgroup’s
purpose has been “to build upon, leverage
and accelerate the impact of the federal plan
The radon reporTer / autumn 2015 15
“When we find, fix and prevent high indoor radon levels as a standard practice so that no American is exposed to avoidable radon at home, school or work, we will have achieved the vision of this Plan.”
and to advance coordinated national action,” recognizing
no single approach will solve the radon problem. The job
was and remains “to identify proven effective policies,
techniques and strategies for reducing radon risk and to
gather the people, organizations and resources required from
government, non-government and industry organizations
to put those strategies into action.” The NRAP affirms “the
critical importance of supporting strong and effective state
and tribal radon programs that can engage with and support
other partners.”
The workgroup met throughout 2014 to discuss how to move
toward a future where all homes are tested for radon, all high-
radon homes are mitigated, and all new homes are built to
prevent high radon levels. The NRAP start was not without
controversy among many participants, since, at the same
time, EPA was telling Congress that state programs were
redundant and did not need further funding.
“There was a worry by some at the table,” said AARST
Executive Director Peter Hendrick, “that NRAP was
window dressing, a lateral pass of responsibility being
made by federal agencies to wash their hands and budgets
of radon.”
NRAP took time to get off the ground as the working group
considered and evaluated the effectiveness of proposed
strategies. It took effort to identify and rank priority goals
and strategies and to also identify future partners for each
strategy.
“One thing became clear early on,” said Hendrick. “If
we were to mitigate or positively impact five million
homes by 2020, we would need more troops and more
organizations with additional expertise to support these
new strategies.”
The workgroup saw value in the Federal Plan’s framework
for radon action, which focused on demonstrating radon’s
significance, providing incentives and support, and
building demand for professional radon services. But the
workgroup believed that transformational change required
new activities involving additional players to:
• Build in* radon risk reduction: Approaches that embed
radon risk reduction as standard practice across the entire
housing sector.
• Provide incentives and support for radon risk reduction:
Approaches that motivate individuals to pay for testing,
mitigation and radon-resistant construction with financial
encouragement and provide direct financial support for
radon testing and risk reduction for people who cannot
pay.
PUBLIC POLICY UPDATES
continued on page 23
16 The radon reporTer / autumn 2015
Nuts and BoltsNuts and BoltsRadon Risk Management is RadonRisk ReductionCertified Radon Professionals Play a Key Role in Reducing Radon, Saving Lives, and Helping Real Estate Agents Make Their Sale!
Certified radon professionals are successfully partnering
with real estate professionals to inform and educate their
clients about radon - the deadly radioactive gas – and, thus,
more real estate agents are making radon a routine part of
the home sale process.
The key to this success is taking the experience we’ve
developed in the first three decades of working on the street
with radon risk reduction and home sales and realizing that
we’ve been doing risk management all along.
Risk Management? isn’t That the Same as Radon Risk Reduction?
Not really. While they are complimentary and accomplish
something to mutual benefit, risk reduction is about health
care. Risk management is about reducing financial and legal
liabilities well before they start.
For the first twenty years of radon risk messaging, we have
communicated to the American public that radon is a real
and deadly health risk. But there are also legal and financial
liabilities associated with radon exposure and one particular
issue involving all of the players in the housing sector: radon
poses a serious risk that could result in the loss of investment
and life savings for all involved in the home sale.
In the early days of radon, there was a theory that civil
lawsuits (often referred to as torts) would create a risk
management culture that would help to drive testing and
mitigation. That was the theory but it did not happen right
away.
Most of the first lawsuits in radon case law focused on cases
involving the interruption of a home sale. For example,
perhaps a test was done and the buyer backed out, or the
testing and mitigation was not completed in time, the sale
was lost and the seller challenged the failed sale. These
cases might require the return (or non-return) of deposits.
The most serious cases sometimes involved a dispute
encompassing the entire sale amount. In the late 1990s and
early 21st century, with real estate sale prices generally in
the range of $120,000 to $300,000, it became clear this
type of case law involving failed contractual agreements
were ultimately not moving, shaking or changing how the
real estate and housing sector considered radon as a risk
management question.
A Perfect Risk Management Storm
In recent years, a perfect risk management storm began
brewing in the marketplace. An increase in civil suit
opportunities, combined with more knowledgeable
consumers, initial model building codes, state regulations,
industry standards and a growing body of risk science
confirming increased health risk due to low level ionizing
radiation, have made conditions ripe for damaging lawsuits.
Setting precedence, two ground-breaking toxic torts (as
class law suits) in New Jersey and West Virginia focused on
inherent liabilities faced by builders, developers, realtors and
radon professionals in dealing with radon (radioactivity) in an
unregulated setting. The two cases ranged from not following
standards or the absence of standards to begin with. Housing
professionals (from agents to bankers to radon
professionals) suddenly became targets in the cross-hairs of
tort attorneys seeking damages for a more informed group
of home buyers and consumers. Now, instead of the case
law resulting in tens of thousands of dollars in potential
claims, defendants and their insurance companies were
spending hundreds of thousands of dollars on defense alone.
• Engaging Radon early Is GOOD due to new Truth in Lending requirements
• American National Standards are BETTER
• Using NRPP-Certified Professionals is BEST!
National Radon Proficiency Program
GOOD, BETTER, BEST!
The radon reporTer / autumn 2015 17
Nuts and BoltsSettlement, when one was reached, was in
the millions or tens of millions of dollars.
The housing industry no longer ignores
the financial or legal risk. Builder, real
estate agent, property management firm,
and radon professionals who do not have
a standard to fall back on, and/or did not
perform to accepted or known protocols
are often drawn into these expensive
actions. Repercussions to these events are
evident as:
• Two national builders have taken
notice and are now paying serious
attention to radon-resistant new
construction standards.
• Underwriters of mortgages are paying
attention to national radon standards
and are requiring buyers to perform
tests and mitigations using certified
professionals.
• Real estate professionals are seeking
out well trained, certified and licensed
professionals.
In the 21st century, everyone in the housing
sector, including the radon professional,
is in the management of risk together.
The certified radon professional, using
American National Standards, is the Risk
Management Specialist; protecting seller,
agent, builder, and yes, ultimately the
buyer.
Certified professionals have much in
common with real estate professionals. As
a matter of self-interest, both professionals
voluntarily hold themselves to a high ethical
standard, exhibiting integrity, dedication
and commitment to their profession.
Today’s common practices of home
inspectors and health professionals, and
Working with Real Estate Professionals regarding the New TRiD Guidelines
After the finance meltdown in the recent past, Congress passed a variety of laws to avoid similar problems in the future. They also commissioned a new “super bureau” to oversee most consumer finance issues. Thus the Consumer Financial Protection Bureau (CFPB) was born. One of the required tasks of the CFPB was to integrate the Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA) disclosures and regulations. Real estate
transactions involving a residential mortgage will use new CFPB disclosure forms after October 3, 2015. These are now referred to as TRID: Truth in Lending / Real Estate Settlement Procedure Act Integrated Disclosure. So how does this affect the average radon tester or mitigator? Although there is no direct effect, it will require that work be performed in a timely fashion, invoices be submitted immediately and there be no last minute surprises if the contractor wishes to keep a good working relationship with the real estate industry. The crux of the issue is that the new rule requires the final settlement sheet be in the buyer’s hands no less than three days prior to closing. If the form is mailed or emailed it would be sent a week in advance. If there are significant changes to the settlement sheet after the buyer receives it, the closing may have to be pushed back three more days. So what can you do to help? Communication is key. Find out what the deadlines are and help the consumer meet them. If called to do a test, get it done right away and include your invoice with your report. If performing a mitigation, get it done as quickly as possible and invoice immediately. The same would apply for any retesting. If you are invoicing the client directly, send a copy to their real estate agent. Last minute work and billing could seriously delay a closing and strain your relationship with the real estate community and consumers in general.
Kerry Kidwell
some state laws, provide homebuyers with radon awareness information that
encourages testing and mitigation. Certified testers and mitigators are trained
using American National Standards (ANSI-AARST) to measure and lower
(mitigate) this radioactive gas found in homes.
In over 25 years of testing and mitigating, radon professionals have proven
their value as part of the real estate service team. Now radon professionals are
transitioning from being the new kids on the block, but an essential services
provider protecting both the homeowner and the housing industry from risk.
18 The radon reporTer / autumn 2015
Nuts and BoltsNuts and BoltsContinued from page 17
Radon is real, that has been proven. And radon professionals
are an integral part of risk management for the home building
and real estate industry. We’re part of that industry. That’s
real, too!
New NRPP QAQC Policies in a Nutshell The search for “Quality” service is the reason
consumers choose Certified Professionals rather than a
layperson handyman.
When Certified Professionals deliver poor quality,
trust in our profession is diminished to the extent that:
1. Fewer tests and mitigations are purchased,
2. Good people can sometimes hardly earn a decent
living, and
3. Fewer lives are saved.
After many years of looking for answers, the NRPP Policy
Advisory Board approved and the AARST Board accepted
new policies concerning Disciplinary Infractions and
Quality Assurance and Control.
in A Nutshell:
All NRPP credentials related to testing and mitigation
will soon require individuals to self-certify that they
operate under a written Quality Assurance Plan and
retain evidence of conducting routine Quality Control
activities. Requirements to self-certify QA plans and
QC activity are the same as historically required
for measurement professionals.
This is new for mitigation professionals, even though
most seasoned professionals already conduct and retain
evidence of Quality Control activities by tracking jobsite
information. Seasoned professionals already know that
these Quality Control activities save thousands of dollars
every year. (See related article, Six Strategies To Reduce
Exposure to Liability, page 21)
What Else is New?
1. Disciplinary Infractions when a consumer complaint
is received: Effective April 2015, Certified
Professionals can sometimes be required to
provide evidence sufficient to demonstrate that
services are normally being provided with quality
and adherence to NRPP-recognized standards.
Some key points for certified radon professionals to keep in mind when working with real estate professionals:
• Assure them that you are ready to respond to consumer demand for radon testing and mitigation.
• Educate them that detection and mitigation can be accomplished early in the real estate transaction, in a timely and economical manner.
• Let realtors know you are their go-to partner in getting the job done right.
• Emphasize that the cost is often less than a major home appliance
• Remind real estate professionals that HUD FHA Multifamily mortgage policy requires testing and requires use of NRPP-certified professionals to test and mitigate multifamily buildings (> 5 units.)
• Get the word out to real estate professionals: “Protect your Business from Future Liability – Use NRPP-Certified Professionals”
The radon reporTer / autumn 2015 19
Join the ARPC-100 in 2016
ARPC Pledge Formplease use this pledge payment form or you may choose to be invoiced.
payment can be made via Check, Credit Card or recurring payment with Credit/debit account.
name
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Make checks payable to aarST and mail with this form to: aarST, p.o. Box 2109, Fletcher, nC 28732 To pay by credit card please use the reverse side of this form. You will receive a receipt.
“It is a way to make your voice heard about the need to test every home, to get rid of radon.” – Ruth Ann Lipic, President, MidWest AARST Chapter
YoU Can Be a hero“Most cancers,” writes daniel J. hunter of the harvard School of public health in a recent Boston Globe article, “are theoretically preventable.” In the case of radon-induced lung cancer, it isn’t just theory. Radon-induced lung cancer is preventable. reducing the radon levels a person is exposed to will significantly reduce potential damage to lung cells caused by inhaled radioactive decay particles.
With more than 224,000 new lung cancer diagnoses in the U.S. in 2014 (10% or more due to radon exposure) it is inevitable that we, as family members, friends, and radon professionals, are in the unfortunate position of seeing someone suffer through this terrible disease. The treatments alone are heart wrenching, and the prognosis is grim: The 5-year survival rate is less than 17%. help us prevent the preventable. Become a contributor to the arpC-100 advertising fund.
as a contributor you will effect LonG TerM ChanGe. You can be the hero in this story.The need for your contribution goes beyond the effect a change in radon policy will have on our business. By contributing to the arpC-100 fund you are creating the opporTUnITY to reduce the numbers of radon-induced lung cancer patients we see in our working and personal lives daily.
We are making headway in our behind the scenes work. We continue to work tirelessly in hallways and in countless meetings, advocating the position that a policy change must occur and MUST be supported by all branches of government. This change Will save more lives - be a part of it!
20 The radon reporTer / autumn 2015
Thank you for your Contribution!
if you wish to use your credit card for your one-time or reoccuring payments, please fill out the following information and mail it to the AARST Office at the address on the reverse side.
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Help us meet our goal in 2016!
Thank you for your thoughtful
consideration. Let’s help save lives.
AccuStarAce RadonA-Z Solutions, incC. AllenDawn SandoeFour Square RestorationsGMD Construction, incHome PrideMW AARSTNE AARSTRadon Be Gone, incRadon Protection, LLCRadon At Tahoe
Ruth Ann LipicRadon Corp of AmericaRadonAwayRadon EaseRCiRDS Environmental, inc.Spectrum inspectionSWAT EnvironmentalTK Home inspectionVSi Radon Reduction CorpWilliam AngellWNY inspection Services Your Name Here!
Be a 2016 ARPC-100 Contributor Change:We want to thank the following people and companies for being 2015 contributors. Won’t you add your name to the list in 2016?
The radon reporTer / autumn 2015 21
Nuts and BoltsContinued from page 18
Such “audits for cause” will play a role in sanctions
or penalties.
2. Random QA/QC audits: To enhance consumer trust
in Certified Professionals, the near future includes
conducting audits on a small percentage of QA/
QC plans each year.
Making it Easy:
AARST and the NRPP have no desire to add needless
exhaustive work to your world. Actions are being taken
to provide aid in meeting this policy over the next
year. These plans include educational courses, guidance
literature and incentives that might often offset other
expenses for C.E.
Meanwhile, AARST and the NRPP have heard your
requests to make the words “Certified Professional” mean
something. The investments you make in achieving these
credentials and the service consumers expect and deserve
require no less.
Six Strategies To Reduce Exposure to Liability Just as we engage in preventive healthcare to prevent risk of
disease, radon professionals need to engage in preventive
business law strategies to reduce their exposure to liability.
By reducing your exposure to liability, you reduce the
likelihood of being involved in litigation. Litigants invariably
discover that time, money, and energy must be diverted
from business operations and be used to try and resolve
the dispute. Litigation is a costly, emotionally draining,
and stressful situation to be in. The only people who enjoy
litigation are lawyers!
Identified below are a minimum of six (6) business law
strategies businesses and individuals can employ to reduce
their exposure to liability:1. Well drafted contracts2. Internal processes and procedures3. Taking advantage of State Incorporation laws4. Employee handbook (for employers)5. Maintaining professional education
6. Membership in industry and trade associations
When discussing preventive business law strategies with both
individuals and businesses, a common concern is the cost
to implement. Some, if not all, of these strategies will have
an immediate cost to implement. As radon professionals, we
know there is an immediate cost to our customers to have
us install a radon mitigation system. We also know the long
term benefit of a properly operating radon mitigation system
is priceless. Implementing preventive law requires the same
long-term view of these immediate costs and priceless
benefits: the cost to implement these strategies will pale in
comparison to the costs of litigation. I will briefly discuss
each strategy.
1. Well-drafted contracts and liability waivers are a
must. Generic contracts downloaded from the internet
or purchased at an office supply store deny you the
opportunity to clearly define who you are, what you do,
and what is expected of both vendor and customer. Well
drafted contracts employ strategic risk shifting, placing
the appropriate level of liability on each party.
2. internal processes and procedures can serve to reduce
your risk of liability. Processes should be in written form
and understood by employees. One example of this is
the measurement QA/QC plans required by §7.4.2 of
ANSI/AARST MAH 2014; §5.0 of ANSI/AARST MAMF-
2012; and §5.0 of ANSI/AARST MALB 2014.
3. In general, sole proprietors and partnerships enjoy no
personal protection from business debts and liabilities. A
Corporation or LLC provides a complete liability shield
(of your personal assets) for the debts and liabilities
of the business. Formation and operation must be
in compliance, for example; complete separation of
personal financial accounts and your business accounts,
in order for the courts to uphold the liability shield.
4. Under the legal theory of Respondeat Superior, an
employer can be held liable for the actions of an
employee (on the job). An employee handbook can
reduce or eliminate an employer’s liability by defining
acceptable and appropriate conduct and specifying
work duties
5. Maintaining and increasing your professional knowledge
can reduce your exposure to liability. A comprehensive
22 The radon reporTer / autumn 2015
Nuts and BoltsNuts and BoltsContinued from page 21
knowledge of current measurement and mitigation protocols and best
practices will reduce the likelihood of committing negligence as a result
of ignorance.
6. Active membership in industry and trade associations such as AARST
can serve as a valuable resource in limiting your risk of liability. For
example, AARST provides new members with a CD that contains a wealth
of materials, such as sample contracts and liability waivers that can be
modified for your own use.
Employing any of these strategies will reduce your exposure to liability and
allow you to stay focused on saving lives and not on resolving avoidable
disputes.
“Active membership in industry and trade associations such as AARST can serve as a valuable resource in limiting your risk of liability.”
Patrick Zitek
29th international Radon Symposium™
The radon reporTer / autumn 2015 23
• Test and mitigate using professional radon services:
Approaches that promote the use of certified radon
services and help to build demand to sustain a high-
quality industry.
• increase visibility: Approaches that garner broad
public attention for the radon issue and demonstrate
the importance of radon risk reduction. *“Building in” is a term to describe strategies to embed radon testing, mitigation and radon-resistant construction as norms of individual behavior, industry practice and public policy so that radon risk reduction occurs as a matter of course.
In addition to AARST, the NGO signers of the National
Radon Action Plan are the American Lung Association,
ASHI, CanSAR, CRRR, Children’s Environmental Health
Network, CRCPD, Environmental Law Institute, and
National Center for Healthy Housing.
Workgroups support two of the NRAP’s 14 strategies to
build in radon risk reduction. Both are chaired by AARST
staff.
The Financing Workgroup: Work with government,
quasi-governmental and private sector housing finance
organizations to encourage radon testing and mitigation
as standard practice. This group is advancing dialogue
with the Federal Housing Finance Agency, which oversees
Fannie Mae and Freddie Mac, the entities that guarantee
thousands of private sector mortgage loans. The group is
also pursuing Federal Housing Administration (FHA) action,
and has commissioned a study of lender practices. Contact
Peter Hendrick [email protected]
The Codes Workgroup: Embed radon risk-reduction
requirements in state and local building codes. This group
has targeted eight states (CO GA IA KS NE NY OH PA) for
policy change - to add radon resistant new construction
- in 2016 and aims to improve radon standards in model
building codes. If you live or work in any of the eight
states, we need your help! Contact Jane Malone jmalone@
aarst.org
National Radon Action Plan A Strategy for Saving Lives Continued from page 15
Last Notes
professional to attend the 29th International Radon Sympo-
sium™ and pre-Symposium classes and earn 14 Category I
credits plus up to 8 Category II credits, more than enough to
complete C.E. requirements for one NRPP certification.
Tuesday ended with a very successful Chapters Meet and
Greet, with 9 chapters represented!
The Night Out on Monday night was a true highlight. At-
tendees received tickets to the Mall of America’s Sea Life
Aquarium for a quick visit and a pass to the private event
room for a harvest meal with a local R&R cover band, South-
side Band. The buzz in the room shifted when, one of our
physicists, Phil Jenkins along with Gary Hodgden, got up on
stage to jam with the band. Other musicians took the stage
and before you knew it, Southside Band had taken a back
seat to the Radon Change All-Star Band, starring Gary Hodg-
den, Phil Jenkins, Jim Burkhart, Matt Hendrick, Phil Rivas,
Melinda Ronca-Battista and Karla Newman.
With only two songs in, Dr. B. covered Johnny Cash, Phil
Jenkins and Melinda Ronca-Battista took to lead vocals,.
Gary presented his own tunes and Bruce Snead got the
crowd going with special sing-along lyrics. Clearly, radon
scientists and technologists rock! The local band joined in
and jammed and everyone had a great time.
29th international Radon Symposium™ Boasts Record Attendance!Continued from page 3
AARST Bookstore NewsPremiered at this year’s Symposium, AARST is excited to introduce our new line of AARST branded apparel and business products through Gem Marketing.
Visit the AARST Bookstore at AARST.org to order your staff jackets and sweatshirts (and much more) today.
aarSTp.o. Box 2109Fletcher, nC 28732phone: 1.800.269.4174Fax: 828.214.6299
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