NAC445A.0626. Requirements for certification.

     1. To be certified to conduct laboratory testing, a laboratory must comply with the requirements set forth in sections 1.8.3, 4.1.1, 5.0, 5.1, 5.4 and 5.5 of the Standards.

     2. To be certified in:

     (a) Chemistry, a laboratory must comply with the requirements set forth in section 1.8.5 and Appendix D.1 of chapter 5 of the Standards;

     (b) Whole effluent toxicity, a laboratory must comply with the requirements set forth in section 1.8.6 of the Standards and Appendix D.2 of chapter 5 of the Standards;

     (c) Microbiology, a laboratory must comply with the requirements set forth in section 1.8.7 and Appendix D.3 of chapter 5 of the Standards; or

     (d) Radiochemistry, a laboratory must comply with the requirements set forth in section 1.8.8 and Appendix D.4 of chapter 5 of the Standards.

     3. To be certified pursuant to the program specified in subsection 3 of NAC 445A.0622, a laboratory must comply with:

     (a) The provisions concerning method detection limits, sample containers, holding times and preservation set forth in 40 C.F.R. § 136.3(e) and Appendix B to that part;

     (b) The provisions of 40 C.F.R. §§ 403.7(b)(2), 403.12(b)(5) and 403.12(g)(4), if applicable;

     (c) The provisions concerning the methods set forth in 40 C.F.R. § 455.50, if the laboratory conducts tests for active ingredients in pesticides; and

     (d) The provisions concerning the collection of representative samples and the methods set forth in 40 C.F.R. §§ 501.15(b)(10)(iv) and 503.8, if the laboratory conducts tests of sewage sludge.

     4. To be certified for an approved method of testing, a laboratory must comply with the requirements for using that approved method of testing specified in subsection 4 of NAC 445A.0622 and the Standards. If a conflict occurs between a provision specified in that subsection and the Standards concerning an approved method of testing, the Standards apply. If a manufacturer provides instructions for maintaining any equipment used for testing or for ensuring the performance of any test or demonstrating the performance of any system of measurement, the laboratory shall comply with those instructions. If a conflict occurs between a provision of those instructions and a provision specified in subsection 4 of NAC 445A.0622 or the Standards, the provisions specified in that section or the Standards apply.

     5. If a laboratory intends to use a performance-based measurement system or any other alternative method of testing, the laboratory shall, before the Division conducts an inspection of the laboratory pursuant to the provisions of NAC 445A.0638, submit to the Division a written statement setting forth the performance-based measurement system or other alternative method of testing it intends to use. The Division may approve the performance-based measurement system or alternative method of testing if, as determined by the Division:

     (a) The system or method is equivalent to or exceeds the approved method of testing for accuracy, precision, completeness and comparability relating to determining compliance with the regulatory concentration levels or system conditions;

     (b) An approved method of testing is not available for use by the laboratory to determine the presence of an analyte for which the laboratory requests certification pursuant to the provisions of NAC 445A.0552 to 445A.067, inclusive; or

     (c) The laboratory obtains approval for the system or method from the Environmental Protection Agency.

     6. To be certified to test for a specific analyte using an approved method of testing, a laboratory must comply with the requirements established by the Division for the approved method of testing and the standards for initial and continuing calibrations of test equipment and demonstrations by analysts of precision, accuracy, sensitivity and low system background for each analyte. If a conflict occurs between the requirements established by the Division and the Standards, the Standards apply.

     7. As used in this section:

     (a) “Holding times” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.

     (b) “Limit of detection” means the smallest amount or concentration of an analyte that can be reliably detected in a given sample by a specific measurement process.

     (c) “Low system background” means an analysis of a method blank that does not yield contamination at a concentration that is greater than the method detection limit or the limit of detection, whichever is applicable to the particular analyte.

     (d) “Method blank” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.

     (e) “Method detection limit” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.

     (Added to NAC by Environmental Comm’n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004)