Section 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/TNI accreditation body for the same fields of accreditation for which the Department is a primary NELAP/TNI accreditation body.

(ii) The Department may recognize the accreditation of an environmental laboratory by another state accreditation body 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 accreditation body.

(D) Submit a copy of all onsite assessment reports conducted by the primary accreditation body within the last 3 years.

(E) 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 accreditation body, the laboratory’s authorization to perform testing or analysis is automatically revoked for the same fields of accreditation.

The provisions of this § 252.205 amended April 9, 2010, effective April 10, 2010, 40 Pa.B. 1898. Immediately preceding text appears at serial pages (317256) to (317257).

Notation

Authority

The provisions of this § 252.205 amended under 27 Pa.C.S. § § 4103(a), 4104 and 4105; and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).