18 AAC 80.1100 - Laboratory certification
(a) To meet the
applicable analytical requirements of this chapter, analyses for inorganic,
organic, radioactive, and microbiological contaminants must be performed by a
laboratory holding, for the analytical method to be employed, valid certification
from the department in one of the following classifications:
(1) full certification under (c)(1) of this
section;
(2) interim certification
under (c)(2) of this section;
(3)
provisional certification under (c)(3) of this section;
(4) certification under (d) of this section of
a laboratory holding certification by another certifying agency.
(b) Except as provided in (d) of
this section, the department will certify a laboratory for an analytical method
if the laboratory
(1) submits, in a format
specified by the department , a complete application for certification specifying
each method for which the laboratory wishes to be certified, along with each
applicable fee under
18
AAC 80.1110;
(2) demonstrates to the department that the
laboratory meets the minimum standards listed in the Manual for the
Certification of Laboratories Analyzing Drinking Water : Criteria and Procedures,
Quality Assurance, adopted by reference in
18
AAC 80.010(b);
(3) submits to the department the results of
annual proficiency testing showing that the laboratory correctly analyzed
proficiency testing samples for each method being certified; the testing samples
shall be purchased by that laboratory from a supplier acceptable to the
department ; and
(4) submits to the
department for review and approval a quality assurance plan that complies with
the Manual for the Certification of Laboratories Analyzing Drinking
Water : Criteria and Procedures, Quality Assurance, adopted by reference
in 18 AAC
80.010(b).
(c) The department will give a laboratory that
meets the requirements of (b) of this section
(1) certification for one or more methods, if
(A) the department determines that the
laboratory meets each applicable criterion for that method in the Manual
for the Certification of Laboratories Analyzing Drinking Water : Criteria and
Procedures, Quality Assurance, adopted by reference in
18
AAC 80.010(b); and
(2) interim certification for one or more
methods, if
(A) the department determines that
the laboratory meets each applicable criterion for that method in the
Manual for the Certification of Laboratories Analyzing Drinking Water :
Criteria and Procedures, Quality Assurance, adopted by reference in
18
AAC 80.010(b); and
(B) the laboratory has not passed an onsite
inspection under
18
AAC 80.1105, the laboratory has not received an initial
onsite inspection under
18
AAC 80.1105(a), or more than three
years have elapsed since the date of the last onsite inspection under 18 AAC
1105(b) or (c); or
(3)
provisional certification for one or more methods, if
(A) the department determines that the
laboratory has not met one or more of the applicable criteria for that method in
the Manual for the Certification of Laboratories Analyzing Drinking
Water : Criteria and Procedures, Quality Assurance, adopted by reference
in 18 AAC 80.010(b);
and
(B) the department determines
that the laboratory is capable of consistently producing data within the limits
specified under this chapter.
(d) Notwithstanding (b) of this section, the
department will certify a laboratory holding a current certification from another
EPA-approved certifying agency if the laboratory submits each applicable fee
under 18 AAC 80.1110 and verification from
the certifying agency, in a form acceptable to the department , that the
laboratory holds that certification and has satisfied the requirements of (b)(2)
- (4) of this section with the other certifying agency, with respect to each
method for which the laboratory seeks department recognition of certification by
the other certifying agency. A certification under this subsection is subject to
the same requirements of
18
AAC 80.1100 -
18
AAC 80.1103 and
18
AAC 80.1109 -
18
AAC 80.1110 as a certification under (b) and (c) of this
section.
(e) A laboratory holding
provisional certification shall notify its clients of the laboratory's
provisionally certified status on any analysis report of samples to which the
provisional certification pertains.
(f) Certification under this section may be
obtained at any time, and is not valid after June 30, unless the laboratory
renews the certification in accordance with this subsection. To request renewal
of a certification under (b) and (c) of this section, the laboratory must submit
a complete application for renewal, along with each applicable fee under
18
AAC 80.1110, and must satisfy the requirements of (b)(2)
- (4) of this section. To request renewal of a certification under (d) of this
section, the laboratory must submit a complete application for renewal, along
with each applicable fee under
18
AAC 80.1110, and must submit verification from the other
certifying agency, in a form acceptable to the department , that the laboratory
holds that certification and has satisfied the requirements of (b)(2) - (4) of
this section with the other certifying agency. If the department receives a
complete application no later than May 30 for renewal, and approves that
application under (b) and (c) of this section or under (d) of this section, as
applicable, the renewed certification is valid on July 1. If the department
receives a complete application after May 30 for renewal, and approves that
application under (b) and (c) of this section or under (d) of this section, as
applicable, the renewed certification is valid on July 1 or on the date that the
department approves the application, whichever date is later. A renewed
certification is not valid after the following June 30.
(g) No later than seven days after the first
day that the certification is no longer valid, a laboratory whose certification
has expired shall give written notice of the expiration to each client. The
notice must include a statement that the laboratory may not submit data to the
department under an expired certification. No later than 14 days after the first
day that the certification is no longer valid, the laboratory shall certify to
the department in writing, subject to
18
AAC 80.1900, that the notice has been given.
(h) The department may downgrade or revoke a
certification under this section for one or more methods, for reasons described
in the Manual for the Certification of Laboratories Analyzing Drinking
Water : Criteria and Procedures, Quality Assurance, adopted by reference
in 18 AAC 80.010(b).
If another EPA -approved certifying agency revokes or downgrades the certification
upon which the department based a certification under (d) of this section, the
department will revoke its certification or downgrade it to a classification
corresponding to the classification by the other certifying agency. If the
certification upon which the department based a certification under (d) of this
section expires, the department's certification under (d) of this section becomes
invalid on the same date that the other certification becomes invalid. A person
aggrieved by a department certification decision under this section may request a
review under
18
AAC 80.1920. This subsection does not affect a person 's
rights under AS 44.62 (Administrative Procedure Act).
Notes
Information about how to review or obtain the reference materials referred to in 18 AAC 80.1100 is in the editor's note to 18 AAC 80.010.
Authority:AS 46.03.020
AS 46.03.050
AS 46.03.710
AS 46.03.720
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.