NAC459.96962. 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) 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

     (c) 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 459.96958, a laboratory must comply with:

     (a) If the laboratory supports a solid waste disposal facility or a municipal solid waste landfill, the provisions concerning:

          (1) The requirements for a groundwater monitoring program relating to sampling, preservation and transport, analysis, chain-of-custody, quality assurance and quality control set forth in 40 C.F.R. §§ 257.23(a) and 258.53(a); and

          (2) The methodological requirements for the testing of solid waste to determine whether the waste is subject to the land disposal restrictions set forth in 40 C.F.R. §§ 268.7(a)(1), 268.7(b)(1) and 268.40(f).

     (b) If the laboratory supports a hazardous waste facility, the provisions concerning:

          (1) The requirements for a waste analysis plan relating to sampling, preservation and transport, analysis and chain-of-custody set forth in 40 C.F.R. §§ 264.13 and 265.13;

          (2) The requirements for a groundwater monitoring plan set forth in 40 C.F.R. §§ 264.97(d), 264.97(e) and 265.92(a); and

          (3) If applicable to the laboratory, the requirements for soil and soil-pore liquid monitoring set forth in 40 C.F.R. § 264.278(e).

     (c) If the laboratory performs the testing of waste to determine compliance with air emission standards from tanks, surface impoundments or containers, the requirements for sampling and analysis set forth in 40 C.F.R. § 265.1084.

     (d) If the laboratory supports an underground injection control program for hazardous waste, the requirements relating to an approved waste analysis plan set forth in 40 C.F.R. § 146.68(a).

     (e) If the laboratory performs testing to determine compliance with air emission standards for process vents and equipment leaks, the methodological requirements set forth in 40 C.F.R. §§ 264.1033(e)(1), 264.1034, 264.1063, 265.1033(e)(1), 265.1034 and 265.1063.

     (f) If the laboratory performs the sampling and analysis of hazardous waste burned in a boiler or industrial furnace, the methodological requirements set forth in 40 C.F.R. §§ 266.100(c)(1)(ii), 266.100(f), 266.102(b), 266.104(e)(1), 266.106(g), 266.107(f) and 266.112(b).

     (g) If the laboratory performs the analysis of waste for a hazardous waste permit and a trial burn plan for incinerators, boilers and industrial furnaces, the methodological requirements set forth in 40 C.F.R. §§ 270.19(c)(1)(iii), 270.22(a)(2)(ii)(B), 270.62(b)(2)(i)(C) and 270.66(c)(2)(i).

     (h) If the laboratory supports the processing of used oil or a re-refining facility, the requirements to determine whether used oil is hazardous for representative sampling and the analytical methodological requirements set forth in 40 C.F.R. §§ 279.10(b)(1)(ii), 279.44(c), 279.53(c), 279.55 and 279.63(c).

     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 459.96958 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 459.96958 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 459.96972, 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 459.96902 to 459.9699, 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) “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.

     (b) “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.

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

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

     (e) “Quality assurance” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.

     (Added to NAC by Environmental Comm’n by R061-04, eff. 10-7-2004)