ACCREDITATION-BY-RULE .us



ACCREDITATION BY RULE

CONCEPTS AND OPTIONS

November 4, 2003

BACKGROUND: The Environmental Laboratory Accreditation Act (27 Pa C.S. §§ 4101 – 4113) provides the Department of Environmental Protection with the power and duty to establish an accreditation program for environmental laboratories. The Act further indicates that “The Environmental Quality Board may adopt regulations that establish a general certificate of accreditation program or certificates of accreditation by rule.” (27 PA C.S. § 4105(c) In the May 2003 preliminary draft regulations, the Department proposed creation of accreditation by rule as follows:

|Accreditation by rule— |Accreditation which an environmental laboratory is deemed to have for the fields of accreditation |

| |identified in § 252.6 upon compliance with that section. |

6. Accreditation-by-Rule.

a) Purpose. Environmental laboratories performing testing or analysis described in this section shall 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 promulgated methods and guidelines established by the Department.

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 guidelines governing quality control established by the Department.

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 on-site and in accordance with § 252.707 (relating to record keeping) Records shall be made available to the Department upon request.

b) Inappropriate activity. The Department may require an environmental laboratory deemed to have accreditation-by-rule to apply for, and obtain, environmental laboratory accreditation pursuant to 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 the 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) 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) shall be deemed to be accredited under this chapter to perform those measurements identified in Chapter 109, Subchapter C (relating to monitoring requirements) as measurements that may be performed by a person meeting the requirements of § 109.704.

d) Other testing and analysis. With the exception of environmental laboratories identified in subsection (c) above, an environmental laboratory in compliance with subsections (a) and (b) shall be deemed accredited under this chapter for the following tests or analyses:

1) pH,

2) Dissolved oxygen,

3) Conductivity,

4) Oxidation reduction potential,

5) Residual disinfectant concentration,

6) Alkalinity,

7) Hardness,

8) Specific Gravity,

9) Temperature,

10) Turbidity,

11) Flow,

12) Sulfite,

13) Taste,

14) Foam,

15) Color,

16) Sheen,

17) Odor,

18) Settleable solids,

19) Sludge volume index,

20) Field radioactivity using hand held survey instruments,

21) Vapor analysis using hand held survey instruments,

22) 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.)

DISCUSSION: Accreditation by rule is a mechanism to permit an environmental laboratory to perform testing or analysis with minimal oversight by the Department. Therefore, only a limited number of tests or analyses are appropriate for accreditation by rule. The section on accreditation by rule must address testing and analysis in the diverse areas of drinking water, wastewater, underground storage tanks, solid waste, oil and gas, mining, and recycling of land.

At its February 13, 2003 meeting, the Laboratory Accreditation Advisory Committee recommended that in order to be considered for accreditation by rule, a test parameter must meet at least one of the following criteria:

1. A test with a holding time of two hours or less.

2. A non-instrumental observational test.

3. A screening test to determine if further laboratory testing is required, except for those required for compliance determinations.

4. The sample cannot be transferred/transported without degradation.

5. Process testing used for immediate decision-making purposes.

6. A test allowed by another program regulation.

The Department identified two additional criteria for evaluating the tests or analyses to include under accreditation by rule. The additional criteria are:

1. The test or analysis is relatively easy to perform, and

2. An improperly performed test has minimal impact on the environment or the public health, safety, and welfare.

The proposed accreditation by rule section continues the exemptions provided in the Drinking Water Program under sections 109.304(c) and 109.704. No changes are being proposed to the parameter listing, the methods to be used, or the qualifications of the persons permitted to perform the testing or analysis under the Drinking Water Program. The Environmental Laboratory Regulations will reference the Chapter 109 drinking water regulations. Accreditation by rule for drinking water parameters must meet the USEPA requirements in order for Pennsylvania to retain primacy for this program. Referencing the current Drinking Water Regulations in Chapter 109 accomplishes this.

A total of 22 additional tests or analyses were listed in the May 2003 Preliminary Draft Regulations that met the established criteria.

The Department explored linking some parameters in accreditation by rule to an individual’s status as a certified operator. According to the State Board for Certification of Water and Wastewater Systems Operators and the Certification Program Advisory Committee for Water and Wastewater Systems Operators (CPAC) the current examinations for obtaining certification as a water or wastewater operator do not provide assurance that the individual possesses the necessary knowledge, skills, or abilities as either a laboratory analyst or as a laboratory supervisor. In general, therefore, limiting the performance of a test or analysis to persons meeting specific qualifications is currently not possible.

DEPARTMENT PROPOSAL: The Department does not support including cBOD, BOD testing and fecal coliform testing under accreditation by rule because of the significance of these parameters in assessing environmental quality and because of the technical skills necessary to perform these tests correctly.

The Department would propose including 3 additional tests or analyses under accreditation by rule. Additionally, the Department would propose including testing or analysis performed by an environmental laboratory in a wastewater system and an industrial wastewater system that is done solely for the purpose of making a process control decision.

Insert the following new sections as 252.6 (d) and 252.6(e):

(d) Industrial Wastewater Systems. Analyses performed by an environmental laboratory operated by an industrial wastewater system solely for the purpose of making a process control decision and in compliance with subsections (a) and (b) shall be deemed to be accredited under this chapter.

(e) Wastewater Systems. Analyses performed by an environmental laboratory operated by a wastewater system solely for the purpose of making a process control decision and in compliance with subsections (a) and (b) shall be deemed to be accredited under this chapter.

Amend the current Section 252.6 (d) by adding the following tests or analyses:

1) Paint filter test

2) Carbon Dioxide (CO2)

3) Volatile Acids in wastewater

Addition of these sections would require some minor editorial changes to the introductory paragraph of the current Section 252.6 (d) and additional definitions. The proposed definitions would be identical to those proposed or contained in Chapter 303 (relating to Operator Certification.) The additional proposed definitions are:

Industrial wastewater treatment system - Any system that treats industrial waste or pollution, but not sewage, as those terms are defined in the Act of June 22, 1937 (P.L. 1987, No. 394), known as “The Clean Streams Law,” as amended.

Process control decision - A decision that maintains or changes the water quality or quantity of a water system or wastewater system in a manner that may affect the public health or environment.

Wastewater system - Any structure designed to collect, convey or treat wastewater and from which effluent in excess of two thousand gallons per day is discharged into waters of the Commonwealth.

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