Indoor Radon Exposure

Radon is an odorless, colorless, radioactive, gaseous element that results from the breakdown of radium. Indoor radon air pollution is the number-one environmental pollution hazard in the state. Every citizen, whether they are aware of the problem or not, is affected. 
 
The United States Environmental Protection Agency (EPA) has identified indoor radon air pollution as the nation's major air pollution problem. Indoor radon is second only to smoking as the major cause of lung cancer. It is estimated that 10,000 to 20,000 people a year in the United States die of lung cancer caused by exposure to indoor radon.

The risk of developing lung cancer depends upon the concentration of radon and the length of the exposure. Long-term exposure to low levels of radon is believed to be more hazardous than exposure to high levels of radon for a short time.
 
All exposure to radon is potentially harmful. Nevertheless, the EPA has issued guidelines that recommend remedial action if annual average radon levels exceed 4 pCi/l of air indoors. The Florida Department of Health and Rehabilitative Services (HRS) requires that radiation exposure to the public be maintained as close to normal.
 
The cancer risk involved demonstrates the importance of maintaining indoor radon exposure as low as possible. Exposure to radon levels of .02 WL or 4 pCi/l for 70 years creates a lifetime fatal cancer risk of 2 in 100, and exposure for a mere seven years creates a fatal cancer risk of 2 in 1,000.

Both are very significant because these risk estimates are based on human epidemiological studies, not animal studies.
 
A risk of 2 in 100 is the equivalent of smoking half a pack of cigarettes a day. By comparison, State drinking water standards are set at levels of 1 in 1,000,000 to 1 in 100,000 lifetime fatal cancers. 
 
Florida home buyers have several legal protections from radon exposure when purchasing a home. Florida courts have established a common law implied warranty of fitness and habitability on all new home sales. This warranty includes the house and the land (or fill dirt) it is built upon. The implied warranty requires houses to be functional and habitable in accordance with contemporary community standards. In the case of indoor radon, the contemporary community standards are, at the very least, the EPA and HRS guidelines and standards.
 
In the case of houses built upon reclaimed phosphate lands, it should be noted that construction on these lands is highly suspect and has been discouraged at various times by governmental agencies.
 
Failure to disclose material facts will be considered fraudulent concealment, and buyers can rescind the sales and seek damages for fraud.

To fully protect themselves, the buyers of real property with structural improvements on the property should make inquiries to the seller about (1) indoor radon levels, (2) whether the property is reclaimed phosphate land or near reclaimed phosphate land, and (3) the source of the fill dirt used. It is also advisable to require radon sampling to be performed prior to the title closing, which is the way termite testing is presently required. In view of the risks involved, prudence is the only course for buyers to take.
 
To protect themselves from suits alleging fraudulent concealment, sellers should make full disclosure of all known material problems concerning radon.
 
The political pressures for development at full speed, with the welfare of its citizens secondary, may not be as great in other states as it is in Florida. However, Florida has a longer radon history. In fact, after years of controversy, political machinations and development pressures appear to have made the situation worse. ManaSota-88 believes this history indicates states will not adequately protect the public from the harm resulting from needless exposure to radon.
 
ManaSota-88 strongly recommends: 
 
1) The development of EPA standards limiting public exposure to provide an adequate margin of safety; 

2) The provision of Federal and State tax relief to enable homeowners to correct radon problems in existing buildings; 

3) A publicly funded radon-testing service to be offered free or at cost. State and federal assistance should be provided to obtain low-cost financing; 

4) The incorporation of a notification provision into all deeds and leases of property financed with HUD mortgage money should be required. The building must meet federal radon guides or standards before financing will be available; 

5) In some areas of the country where radon levels may be too high for radon reduction to be successful, the construction of homes, schools, and commercial buildings should be banned.
 
It is also recommended that vested-interest agencies, such as the Department of Energy, be removed from lead roles in the radon program. Protocol and monitoring procedures for commercial buildings, where many of us spend substantial amounts of time, should be developed.
         
Congress needs to ensure that EPA's budget is related to its potential contribution to our well-being.