[36 Pa.B. 465]
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Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE I. LAND RESOURCES
CHAPTER 78. OIL AND GAS WELLS
Subchapter A. GENERAL PROVISIONS § 78.1. Definitions.
* * * * * (b) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Certified laboratory--A laboratory accredited by the Department under Chapter 252 (relating to laboratory accreditation).
* * * * *
Subchapter C. ENVIRONMENTAL PROTECTION
PERFORMANCE STANDARDS
§ 78.52. Predrilling or prealteration survey.
(a) A well operator who wishes to preserve its defense under section 208(d)(1) of the act (58 P. S. § 601.208(d)(1))that the pollution of a water supply existed prior to the drilling or alteration of the well shall cause a predrilling or prealteration survey to be conducted in accordance with this section.
(b) A person who wishes to document the quality of a water supply to support a future claim that the drilling or alteration of the well affected the water supply by pollution may conduct a predrilling or prealteration survey in accordance with this section.
(c) The survey shall be conducted by an independent certified laboratory. A person independent of the well owner or well operator, other than an employee of the certified laboratory, may collect the sample and document the condition of the water supply, if the certified laboratory affirms that the sampling and documentation is performed in accordance with the laboratory's approved sample collection, preservation and handling procedure and chain of custody.
(d) An operator electing to preserve its defenses under section 208(d)(1) of the act shall provide a copy of the results of the survey to the Department and the landowner or water purveyor within 10-calendar days of being notified by the Department to submit a copy of the results.
(e) The report describing the results of the survey must contain the following information:
(1) The location of the water supply and the name of the surface landowner or water purveyor.
(2) The date of the survey, and the name of the certified laboratory and the person who conducted the survey.
(3) A description of where and how the sample was collected.
(4) A description of the type and age, if known, of the water supply, and treatment, if any.
(5) The name of the well operator, name and number of well to be drilled and permit number if known.
(6) The results of the laboratory analysis.
(f) A well operator who wishes to preserve the defense under section 208(d)(2) of the act that the landowner or water purveyor refused the operator access to conduct a survey shall confirm the desire to conduct this survey and that access was refused by issuing notice to the person by certified mail, or otherwise document that access was refused. The notice must include the following:
(1) The operator's intention to drill or alter a well.
(2) The desire to conduct a predrilling or prealteration survey.
(3) The name of the person who requested and was refused access to conduct the survey and the date of the request and refusal.
(4) The name and address of the well operator and the address of the Department, to which the water purveyor or landowner may respond.
Subchapter F. (RESERVED) §§ 78.141--78.146. (Reserved).
ARTICLE II. WATER RESOURCES
CHAPTER 109. SAFE DRINKING WATER
Subchapter H. LABORATORY CERTIFICATION § 109.801. Certification requirement.
A laboratory shall be accredited under Chapter 252 (relating to laboratory accreditation) to perform analyses acceptable to the Department for the purposes of ascertaining drinking water quality and demonstrating compliance with monitoring requirements established in Subchapter C (relating to monitoring requirements).
§§ 109.802--109.809. (Reserved).
§ 109.810. Reporting and notification requirements.
(a) A laboratory accredited under Chapter 252 (relating to laboratory accreditation) shall submit to the Department, on forms provided by the Department, the results of test measurements or analyses performed by the laboratory under this chapter. Unless a different reporting period is specified in this chapter, these results shall be reported within either the first 10 days following the month in which the result is determined or the first 10 days following the end of the required monitoring period as stipulated by the Department, whichever is shorter.
(b) A laboratory accredited under Chapter 252 shall whenever an MCL, MRDL or a treatment technique performance requirement under § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements) is violated, or a sample result requires the collection of check samples under § 109.301 (relating to general monitoring requirements):
(1) Notify the public water supplier by telephone within 1 hour of the laboratory's determination. If the supplier cannot be reached within that time, notify the Department by telephone within 2 hours of the determination. If it is necessary for the laboratory to contact the Department after the Department's routine business hours, the laboratory shall contact the appropriate Department regional office's after-hours emergency response telephone number and provide information regarding the occurrence, the name of a contact person and the telephone number where that individual may be reached in the event further information is needed. If the Department's appropriate emergency number cannot be reached, the laboratory shall notify the appropriate Department regional office by telephone within 1 hour of the beginning of the next business day. Each certified laboratory shall be responsible for the following:
(i) Obtaining and then maintaining the Department's current after-hours emergency response telephone numbers for each applicable regional office.
(ii) Establishing or updating a standard operating procedure by November 8, 2002, and at least annually thereafter to provide the information needed to report the occurrences to the Department. The information regarding the public water system must include, but is not limited to, the PWSID number of the system, the system's name, the contaminant involved in the occurrence, the level of the contaminant found, where the sample was collected, the dates and times that the sample was collected and analyzed, the name and identification number of the certified laboratory, the name and telephone number of a contact person at the laboratory and what steps the laboratory took to contact the public water system before calling the Department.
(2) Notify the appropriate Department district office in writing within 24 hours of the determination. For the purpose of determining compliance with this requirement, the postmark, if the notice is mailed, or the date the notice is received by the Department, whichever is earlier, will be used. Upon approval by the Department, the notice may be made electronically to the Department as long as the information is received within the 24-hour deadline.
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VI. GENERAL HEALTH AND SAFETY
CHAPTER 252. ENVIRONMENTAL LABORATORY ACCREDITATION Subchap.
A. GENERAL PROVISIONS B. APPLICATION, FEES AND SUPPORTING DOCUMENTS C. GENERAL STANDARDS FOR ACCREDITATION D. QUALITY ASSURANCE AND QUALITY CONTROL
REQUIREMENTSE. PROFICIENCY TEST STUDY REQUIREMENTS F. ONSITE ASSESSMENT REQUIREMENTS G. MISCELLANEOUS PROVISIONS
Subchapter A. GENERAL PROVISIONS Sec.
252.1. Definitions. 252.2. Purpose. 252.3. Scope. 252.4. General requirements. 252.5. NELAP equivalency. 252.6. Accreditation-by-rule. § 252.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Acceptance criteria--Specified limits placed on a measurement, quality control sample or process.
Accreditation--A determination by the Department that an environmental laboratory is capable of performing one or more classes of testing or analysis of environmental samples in accordance with the act and this chapter.
Accreditation-by-rule--Accreditation which an environmental laboratory is deemed to have for the fields of accreditation identified in § 252.6 (relating to accreditation-by-rule) upon compliance with that section.
Accrediting authority--A territorial, state or Federal agency having responsibility and accountability for environmental laboratory accreditation and which grants accreditation.
Act--27 Pa.C.S. §§ 4101--4113 (relating to environmental laboratory accreditation).
Analysis day--A continuous 24-hour period during which testing or analysis of environmental samples is performed.
Analyst--An individual who performs the analytical methods and associated techniques and who is responsible for applying the required laboratory practices and quality controls to meet the required level of quality.
Analyte--The component, compound, element or isotope to be identified or quantified using a test or analysis.
Batch--Environmental samples that are prepared or analyzed together using the same procedures, personnel, lots of reagents and standards.
Batch, analytical--A batch composed of prepared environmental samples that are analyzed together as a group. An analytical batch may contain samples originating from various environmental matrices and can exceed 20 samples.
Batch, preparation--A batch composed of 1 to 20 environmental samples of the same matrix with a maximum time between the start of processing of the first and last sample in the batch to be 24 hours.
Calibration verification standard--A standard used to confirm the validity of a previously performed initial calibration of a measurement process.
Certificate of accreditation--A document issued by the Department certifying that an environmental laboratory has met standards for accreditation.
Commonwealth agency--An agency that is a Commonwealth agency as that term is defined under 62 Pa.C.S. § 103 (relating to definitions.)
Deficiency--A deviation from acceptable procedures or practices.
Detection limit--The lowest concentration or amount of the target analyte that can be identified, measured and reported with confidence that the analyte concentration is not zero.
Drinking water--Any aqueous sample that has been collected for the purposes of demonstrating compliance with the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17) or is from a potable or potential potable water source.
ECp--Effective concentration percent--The concentration that affects the test variable at p percent from the control value.
Environmental laboratory--A facility engaged in the testing or analysis of environmental samples.
Environmental sample--A solid, liquid, gas or other specimen taken for the purpose of testing or analysis as required by an environmental statute.
Environmental statute--A statute administered by the Department relating to the protection of the environment or of public health, safety and welfare.
Facility--A sole proprietor, partnership, corporation, association, institution, cooperative enterprise, municipal authority, political subdivision, Federal government or agency, state institution or agency or other legal entity which is recognized by law as the subject of rights and duties.
Field of accreditation--A combination of matrix; method or technology, or both; and analyte or analyte group for which an environmental laboratory may be accredited. Examples are:
(i) Nonpotable water; GC/MS, US EPA Method 625; benzo(a)pyrene.
(ii) Drinking water; ICP, US EPA Method 200.7; magnesium.
(iii) Drinking water; GC/MS, US EPA Method 524.2; total trihalomethanes.
Holding time--The maximum elapsed time from sample collection to initiation of testing or analysis.
ICp--Inhibition concentration percent--The concentration that inhibits the test variable at p percent from the control value.
Industrial wastewater treatment facility--Any facility that treats industrial waste or pollution, but not sewage, as those terms are defined in The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
Initial calibration--Determination by measurement or comparison with a standard of known concentration the correct value or response of each scale reading on a meter, instrument or other device. Comparison of a measurement standard or instrument with another standard or instrument to report or eliminate by adjustment any variation in the accuracy of the item being compared.
Initial demonstration of capability--A procedure to establish the ability of an analyst, technical staff member or work cell to generate data of acceptable accuracy and precision.
LCp--Lethal concentration percent--The concentration that is lethal to p percent of the test organisms from the control organisms.
Laboratory control sample--A sample of a controlled matrix known to be free of the analyte of interest, to which a known and verified concentration of analyte has been added and that is taken through all preparation and analytical steps in the method.
Laboratory management--
(i) The individuals responsible for the overall operation, all personnel and the physical plant of an environmental laboratory.
(ii) The term includes the laboratory supervisor.
Laboratory notebook--A chronological record of observations, results of testing or analysis, equipment maintenance or calibration or other environmental laboratory data. A laboratory notebook may be maintained in an electronic format.
Laboratory supervisor--A technical supervisor of an environmental laboratory who supervises laboratory procedures and reporting of analytical data.
Linear range--The range of concentrations over which the instrument response is directly proportional to the analyte concentration.
MCL--Maximum Contaminant Level--The maximum permissible level of a contaminant in water which is delivered to a user of a public water system, and includes the primary and secondary MCLs established under the Safe Drinking Water Act (42 U.S.C.A. §§ 300f--300j--10) and MCLs adopted under the Pennsylvania Safe Drinking Water Act and the regulations promulgated thereunder.
Matrix or matrices--The media of an environmental sample that includes drinking water, nonpotable water, and solid and chemical materials.
Matrix spike--A sample prepared by adding a known mass of target analyte to a specified amount of environmental sample and that is taken through all preparation and analytical steps in the method.
Method--The scientific technique used to perform testing or analysis on an environmental sample.
Method blank--A sample of a known matrix, similar to the associated samples, and known to be free of the analyte of interest and that is taken through all preparation and analytical steps in the method.
Mobile laboratory--
(i) A portable enclosed structure within which testing or analysis of environmental samples occurs.
(ii) Examples include trailers, vans and skid--mounted structures configured to house environmental testing equipment and personnel.
NELAC--National Environmental Laboratory Accreditation Conference.
NELAP--National Environmental Laboratory Accreditation Program.
NELAP accrediting authority--An accrediting authority that has been recognized as meeting the requirements of the NELAC standards and has the authority to grant NELAP accreditation.
NIST--The National Institute of Standards and Technology of the United States Department of Commerce's Technology Administration.
NOAEC--No observed adverse effect concentration.
NOEC--No observed effect concentration.
Negative culture control--An organism selected to demonstrate that the medium does not support the growth of nontarget organisms or does not demonstrate the typical positive reaction of the target organisms.
Nonpotable water--
(i) Any aqueous sample excluded from the definition of drinking water matrix.
(ii) The term includes wastewater, ambient water, surface water, groundwater, effluents, water treatment chemicals and toxicity characteristic leaching procedure or other extracts.
Positive culture control--An organism selected to demonstrate that the medium can support the growth of the target organisms and that the medium produces the specified or expected reaction to the target organism.
Primary accreditation--Accreditation received from the Department that is not based upon accreditation from another accrediting authority.
Proficiency test study--A sample or group of samples, the composition of which is unknown to the environmental laboratory and the analyst.
Promulgated method--A protocol for testing or analysis of a specific analyte that is approved for use by a State or Federal regulation.
Quality manual--A document stating, or making reference to, the policies, objectives, principles, responsibilities, accountability, implementation plans, methods, operating procedures or other documents of an environmental laboratory for ensuring the quality of its testing and analysis.
Quantitation limit--The minimum concentration or activity of the component, compound, element or isotope that can be reported with a specified degree of confidence. Typically it is the concentration that produces a signal ten standard deviations above the reagent water blank signal.
Range of quantitation--The concentration range between which an environmental laboratory reports results quantitatively which is defined by a low concentration standard and a high concentration standard.
Reagent water--Water with no detectable concentration of the component, compound, element or isotope to be analyzed and that is free of substances that interfere with the method. Reagent water may be prepared by distillation, ion exchange, adsorption, reverse osmosis or a combination thereof.
Revocation--Removal by the Department of one or more fields of accreditation from an environmental laboratory.
Sample duplicate--Replicate aliquots of the same sample taken through the entire analytical procedure.
Secondary accreditation--Accreditation received from the Department based upon the accreditation status granted by another accrediting authority.
Solid and chemical materials--Soils, sediments, sludges, solid waste, drill cuttings, overburden, minerals, coal ash, and products and by-products of an industrial process that result in a matrix that is not otherwise defined.
Solid waste--Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials as that term is defined in the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).
Spike--A known and verified mass or activity of the target analyte of interest added to reagent water or environmental sample to determine recovery efficiency or for other quality control purposes.
Standard operating procedure--A written document that provides detailed instructions for the performance of all aspects of test, analysis, operation or action.
Surrogate--A substance with properties similar to the analyte of interest. A surrogate is unlikely to be found in an environmental sample. A surrogate is added to an environmental sample prior to all preparation and analytical steps in the method for quality control purposes.
Suspension--The temporary removal by the Department of one or more fields of accreditation from an environmental laboratory for a period not to exceed 6 months.
Technical staff--Employees of an environmental laboratory that perform any portion of testing or analysis of environmental samples, including the analysts of the environmental laboratory.
Test--A technical operation that consists of the determination of one or more characteristics or performance of a given product, material, equipment, organism, physical phenomenon, process or service according to a specified procedure.
Wastewater--A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation, or which constitutes pollution under The Clean Streams Law.
Wastewater facility--A facility that operates a system designed to collect, convey or treat wastewater and from which effluent is discharged into waters of this Commonwealth.
Work area--The areas in an environmental laboratory necessary for testing and analysis and related activities. These areas include sample receipt area, sample storage area, chemical and waste storage area, data handling area and analytical areas.
Work cell--A defined group of analysts that together perform testing or analysis of environmental samples.
§ 252.2. Purpose.
The purpose of this chapter is to protect public health, safety, welfare and the environment by ensuring the accuracy, precision and reliability of data generated by environmental laboratories by establishing an accreditation program for environmental laboratories.
§ 252.3. Scope.
(a) Environmental statutes. This chapter applies to facilities that test or analyze environmental samples in the matrices listed in subsection (b) for the purpose of complying with the following environmental statutes:
(1) The Oil and Gas Act (58 P. S. §§ 601.101--601.605).
(2) The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
(3) The Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305).
(4) The Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).
(5) The Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17).
(6) The Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).
(7) The Storage Tank and Spill Prevention Act (35 P. S. §§ 6021.101--6021.2104).
(8) The Pennsylvania Bituminous Coal Mine Act (52 P. S. §§ 701-101--701-706).
(9) The Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1369.31).
(10) The Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.206).
(11) The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21).
(12) The Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3001--3326).
(b) Matrix. The following matrices are included:
(1) Drinking water.
(2) Nonpotable water.
(3) Solid and chemical materials.
(c) Exclusions. The following testing and analysis is specifically excluded from the requirements of this chapter:
(1) Corrosion protection system testing or testing of a storage tank system for tightness or structural soundness under Chapter 245 (relating to the Administration of the Storage Tank and Spill Prevention Program).
(2) Routine release detection monitoring under §§ 245.442--245.445, 245.543 and 245.613.
(3) Analyses to determine the acceptability of soils for protective, daily, intermediate and final cover material, subbase, clay liner, clay cap, attenuating soil base and liner system construction material under Chapters 260a, 261a, 262a, 263a, 264a, 265a, 266a, 266b, 268a, 269a and 270a (relating to hazardous waste), Chapters 271--273, 275, 277, 279, 281 and 283--285 (relating to municipal waste) and Chapters 287--289, 291, 293, 295 and 297--299 (relating to residual waste).
(4) Testing or analysis of the physical, chemical, mechanical and thermal properties of liners, liner systems, leachate detection zones and barriers under Chapters 260a, 261a, 262a, 263a, 264a, 265a, 266a, 266b, 268a, 269a, 270a, 271--273, 275, 277, 279, 281, 283--285, 287--289, 291, 293, 295 and 297--299.
§ 252.4. General requirements.
(a) Testing or analysis of environmental samples within a matrix identified in § 252.3 (relating to scope) and to comply with a statute listed in § 252.3 shall be performed by an environmental laboratory accredited under this chapter.
(b) An environmental laboratory testing or analyzing environmental samples in a matrix identified in § 252.3 and required by a statute identified in § 252.3 shall be accredited and in compliance with this chapter to generate data and perform analysis used to comply with an environmental statute listed in § 252.3.
(c) By July 28, 2006, an environmental laboratory testing or analyzing environmental samples within a matrix identified in § 252.3 and to comply with a statute listed in § 252.3 shall apply to the Department for accreditation in accordance with Subchapter B (relating to application, fees and supporting documents). An environmental laboratory that files an application within that time period shall have interim accreditation to continue operations until the Department takes final action on the application.
(d) After July 28, 2006, an environmental laboratory that seeks accreditation under this chapter shall apply in accordance with Subchapter B. Interim accreditation will not be granted to an environmental laboratory which submits an application for accreditation after July 28, 2006.
§ 252.5. NELAP equivalency.
(a) An environmental laboratory may apply to the Department for NELAP accreditation for the fields of accreditation for which the Department offers accreditation.
(b) An environmental laboratory seeking NELAP accreditation shall:
(1) Submit a complete application as provided in Subchapter B (relating to application, fees and supporting documents).
(2) Comply with Subchapter G (relating to miscellaneous provisions).
(c) An environmental laboratory receiving NELAP accreditation from the Department may apply for accreditation under the remainder of this chapter for the fields of accreditation that are not included in NELAP accreditation and for which the Department offers accreditation.
(d) An environmental laboratory receiving NELAP accreditation from the Department may only test or analyze environmental samples within the fields of accreditation authorized by the accreditation received from the Department.
§ 252.6. Accreditation-by-rule.
(a) Purpose. Environmental laboratories performing testing or analysis described in this section will be deemed to have accreditation-by-rule if the following general requirements are met:
(1) The environmental laboratory performs the testing or analysis in conformance with applicable State or Federal laws, regulations, promulgated methods, orders and permit conditions.
(2) The environmental laboratory assures that samples for testing or analysis are properly preserved, are in proper containers, do not exceed maximum holding times between collection and analysis and are handled in accordance with applicable State or Federal Laws, regulations, promulgated methods, orders and permit conditions.
(3) The environmental laboratory has the other necessary permits under the applicable environmental protection acts and is operating under the acts and regulations promulgated thereunder and the terms and conditions of permits.
(4) Records pertaining to the testing or analysis of environmental samples are retained onsite and in accordance with § 252.706 (relating to recordkeeping). Records shall be made available to the Department upon request.
(5) The environmental laboratory is reporting the results of the testing or analysis of environmental samples in conformance with the applicable State or Federal laws, regulations, orders or permit conditions.
(b) Inappropriate activity. The Department may re- quire an environmental laboratory deemed to have accreditation-by-rule to apply for, and obtain, environmental laboratory accreditation under Subchapter B (relating to application, fees and supporting documents), or take other appropriate action, when the environmental laboratory is not in compliance with the conditions of accreditation-by-rule or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(c) Testing and analysis of samples from public water suppliers. An environmental laboratory using an individual meeting the requirements specified in § 109.704 (relating to operator certification) and in compliance with subsections (a) and (b) will be deemed to be accredited under this chapter to perform only those measurements identified in § 109.304(c) (relating to analytical requirements) as measurements that may be performed by a person meeting the requirements of § 109.704.
(d) Industrial wastewater treatment facility laboratory. An environmental laboratory operated by an industrial wastewater treatment facility in compliance with subsections (a) and (b) will be deemed to be accredited under this chapter to perform testing or analysis not mandated by the Department and those tests identified in subsection (f).
(e) Wastewater facility laboratory. An environmental laboratory operated by a wastewater facility in compliance with subsections (a) and (b) will be deemed to be accredited under this chapter to perform testing or analysis not mandated by the Department and those tests identified in subsection (f).
(f) Other testing and analysis. With the exception of environmental laboratories testing or analyzing environmental samples to comply with the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17), an environmental laboratory in compliance with subsections (a) and (b) will be deemed accredited under this chapter for the following tests or analyses:
(1) Alkalinity.
(2) Carbon dioxide (CO2).
(3) Color.
(4) Conductivity.
(5) Dissolved oxygen.
(6) Field radioactivity using hand held survey instruments.
(7) Flash point and total halogen determination on waste oil by a waste oil transporter or waste oil transfer facility as required by § 298.44 (relating to rebuttable presumption for waste oil and flash point screening).
(8) Flow.
(9) Foam.
(10) Hardness.
(11) Odor.
(12) Oxidation reduction potential.
(13) Paint filter test.
(14) pH.
(15) Residual disinfectant concentration.
(16) Settleable solids.
(17) Sheen.
(18) Sludge volume index.
(19) Specific gravity.
(20) Sulfite.
(21) Taste.
(22) Temperature.
(23) Turbidity.
(24) Vapor analysis using hand held survey instruments.
(25) Volatile acids in wastewater and sludge.
(g) Exclusion from requirements. An environmental laboratory deemed to be accredited under this section is not required to meet any other requirements in this chapter.
Subchapter B. APPLICATION, FEES AND SUPPORTING DOCUMENTS Sec.
252.201. Application and supporting documents. 252.202. Application for transfer of laboratory accreditation. 252.203. Accreditation renewal. 252.204. Fees. 252.205. Out-of-State laboratories. 252.206. Out-of-State onsite reimbursement. 252.207. Expiration of application. § 252.201. Application and supporting documents.
(a) An environmental laboratory seeking accreditation for one or more fields of accreditation within a matrix described in § 252.3 (relating to scope) or that seeks to add a field of accreditation, shall apply to the Department for accreditation in writing on forms provided by the Department. The applicant shall provide other relevant material requested by the Department.
(b) An application for accreditation must include the appropriate application fee in accordance with § 252.204 (relating to fees.)
(c) Environmental laboratories maintained on separate premises shall maintain distinct accreditation. Separate accreditation is not required for environmental laboratories in different buildings on the same or adjoining grounds, provided the laboratories are operated under the same management.
(d) Separate accreditation is required for a mobile laboratory.
§ 252.202. Application for transfer of laboratory accreditation.
(a) The new owner of an accredited environmental laboratory shall notify the Department in writing within 10 calendar days following a change in laboratory ownership. Within 30 calendar days following the change in laboratory ownership, an accredited environmental laboratory shall do the following:
(1) Submit an ownership transfer application, indicating any changes in the equipment, methodology and staffing.
(2) Pay the application fee for ownership transfer.
(3) Agree to correct any violations that exist at the time of the sale or transfer in accordance with a schedule that is acceptable to the Department.
(b) Open or pending enforcement actions will be transferred with the accreditation.
(c) Failure to comply with this section will cause the previous accreditation to expire.
(d) An environmental laboratory may operate under the previous accreditation until the Department makes a final decision on the transfer application. If the Department denies the transfer application, the environmental laboratory is no longer accredited and the new owner shall submit an application under § 252.201 (relating to application and supporting documents).
§ 252.203. Accreditation renewal.
(a) Applications for accreditation renewal shall be submitted annually to the Department at least 60 calendar days prior to the expiration date of the current certificate of accreditation on forms provided by the Department.
(b) An application for accreditation renewal must include the appropriate application fee in accordance with § 252.204 (relating to fees.)
(c) Failure to submit an application for renewal in accordance with this section will result in a lapse in accreditation if the Department has not approved the renewal application prior to the expiration of the current certificate of accreditation. If a lapse in accreditation occurs, the environmental laboratory shall cease all testing or analysis of environmental samples for the affected fields of accreditation.
§ 252.204. Fees.
(a) The appropriate fee in accordance with the following schedule must accompany an application for accreditation, renewal of accreditation, change of ownership, or addition of fields of accreditation. A check must be payable to ''Commonwealth of Pennsylvania.'' The fees are as follows:
Category Fee Application fee--initial application $600 Application fee--renewal application $500 Application fee--ownership transfer $150 Application fee--addition of fields of accreditation $250 Basic drinking water category (one method for each of the following: total coliform bacteria, fecal coliform bacteria, E-coli bacteria, heterotropic bacteria, nitrate, nitrite, fluoride, cyanide) $600 Asbestos--drinking water $350 Microbiology--drinking water $450 Trace metal category--drinking water $450 Inorganic nonmetal category--drinking water $500 Trace metal and inorganic nonmetal category--drinking water $800 Volatile organic chemicals--drinking water $500 Extractable and semivolatile organic chemicals--drinking water $750 Dioxin--drinking water $600 Radiochemical category--drinking water $700 Basic nonpotable water category (one method
for each of the following: fecal coliform bacteria, BOD, CBOD, nitrate, ammonia, total nitrogen, total kjeldahl nitrogen, nitrite, phosphorus and one method for each type of residue)$700 Asbestos--nonpotable water $350 Microbiology--nonpotable water $400 Trace metal category--nonpotable water $450 Inorganic nonmetal category--nonpotable water $550 Trace metal and inorganic nonmetal category--nonpotable water $900 Volatile organic chemicals--nonpotable water $500 Extractable and semivolatile organic chemicals--nonpotable water $950 Dioxin--nonpotable water $600 Radiochemical category--nonpotable water $600 Whole effluent toxicity testing category $600 Microbiology--drinking water and nonpotable water $750 Trace metal category--drinking water and nonpotable water $800 Inorganic nonmetal category--drinking water and nonpotable water $1,000 Trace metal and inorganic nonmetal category--drinking water and nonpotable water $1,550 Volatile organic chemicals--drinking water and nonpotable water $900 Extractable and semivolatile organic chemicals--drinking water and nonpotable water $1,650 Dioxin--drinking water and nonpotable water $1,050 Radiochemical category--drinking water and nonpotable water $1,050 Asbestos--solid and chemical materials $350 Microbiology--solid and chemical materials $450 Trace metal category--solid and chemical materials $450 Inorganic nonmetal category--solid and chemical materials $550 Volatile organic chemicals--solid and chemical materials $550 Extractable and semivolatile organic chemicals--solid and chemical materials $1,200 Dioxin--solid and chemical materials $600 Radiochemical category--solid and chemical materials $600 (b) At least every 3 years, the Department will recommend regulatory changes to the fees in this section to the EQB to address any disparity between the program income generated by the fees and program costs. The regulatory amendment will be based upon an evaluation of the accreditation program fees income and the Department's costs of administering the accreditation program.
(c) An environmental laboratory owned or operated by a Commonwealth agency is exempt from this fee requirement, but shall apply for accreditation under this chapter.
(d) Fees are nonrefundable.
(e) In addition to the nonrefundable application fee, an out-of-State environmental laboratory shall reimburse the Department for the costs associated with onsite assessments necessitated by accreditation as specified in § 252.206 (relating to out-of-State onsite reimbursement).
§ 252.205. Out-of-State laboratories.
(a) Out-of-State environmental laboratories may apply for primary accreditation or secondary accreditation from the Department.
(1) Primary accreditation. Out-of-State environmental laboratories may apply to the Department for primary accreditation under this chapter.
(2) Secondary accreditation.
(i) The Department will recognize accreditation granted by a primary NELAP accrediting authority for the same fields of accreditation for which the Department is a primary NELAP accrediting authority.
(ii) The Department may recognize the accreditation of an environmental laboratory by another state accrediting authority if the standards for accreditation are substantially equivalent to those established under this chapter and the laboratory is physically located within the state granting accreditation.
(iii) An environmental laboratory seeking secondary accreditation from the Department shall:
(A) Submit a properly completed application on forms provided by the Department.
(B) Pay the appropriate fee.
(C) Submit a copy of a valid accreditation certificate from the primary accrediting authority.
(D) Submit a copy of all onsite assessment reports conducted by the primary accrediting authority within the last 3 years.
(E) Submit copies of all proficiency test sample results reported to the primary accrediting authority within the past 12 months.
(F) Submit any other material relevant to accreditation, upon request of the Department.
(b) The Department may conduct an onsite assessment or require analysis of a proficiency test study by an out-of-State environmental laboratory seeking secondary accreditation for reasons which may include addressing complaints from the public or Department personnel, discrepancies with environmental sample results, onsite assessment deficiencies, frequent errors in reporting data to the Department and suspicions of fraud regarding data quality. If the Department determines that an onsite assessment is required, the environmental laboratory shall pay the Department's travel costs associated with the onsite assessment in accordance with § 252.206 (relating to out-of-State onsite reimbursement).
(c) If any portion of the out-of-State environmental laboratory's accreditation is denied, revoked or suspended by the primary accrediting authority, the laboratory's authorization to perform testing or analysis is automatically revoked for the same fields of accreditation.
§ 252.206. Out-of-State onsite reimbursement.
In addition to the nonrefundable application fee, an out-of-State environmental laboratory shall reimburse the Department for the following costs associated with onsite assessments necessitated by accreditation:
(1) Transportation costs, including airfare, mileage, tolls, car rental, public transportation and parking.
(2) Meals and lodging.
(3) Travel time for each assessor at a rate of $50/hour.
§ 252.207. Expiration of application.
An environmental laboratory that fails to meet the requirements for accreditation within 1 year from the date the Department receives the application shall submit a new application and pay the appropriate fee to become accredited under this chapter.
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