Current through Register Vol. XLI, No. 50, December 13, 2024
Section 47-32-1 - General1.1. Scope. -- This rule governs the certification of laboratories conducting environmental analysis of waste and wastewater performed as required by rules or orders issued pursuant to the covered statutory programs. The rule establishes the provisions for obtaining and maintaining laboratory certifications and the criteria and procedures laboratories will be required to follow in analyzing samples.1.2. Authority. -- W. Va. Code § 22-1-15.1.3. Filing Date. -- May 12, 2009.1.4. Effective Date. -- July 1, 2009.1.5. Incorporation by Reference. -- The Department hereby adopts and incorporates into this rule the approved "Guidelines Establishing Test Procedures for the Analysis of Pollutants" 40 CFR 136, EPA SW 846 Methods, and such other methods as may be approved by U.S. Environmental Protection Agency (EPA) or the Secretary.1.6. Construction. -- This rule shall be liberally construed to permit the Department to discharge its statutory functions and to effectuate the purposes of the laboratory certification program.1.7. Purpose of this Rule. -- This rule is promulgated to ensure that the results of environmental analyses are accurate, reproducible and verifiable. This purpose will be achieved by: 1.7.1. Establishing the administrative procedures to be followed by certified laboratories and laboratories seeking certification;1.7.2. Establishing the categories in which, and the parameters for which laboratories may be certified;1.7.3. Establishing the minimum requirements, criteria and procedures for laboratory equipment and supplies, practices, methodology, quality control, personnel, facilities, data reporting, and laboratory and record maintenance, which a certified laboratory shall continually meet; and1.7.4. Establishing the enforcement procedures the Department will follow to ensure that all certified laboratories or laboratories seeking certification are in compliance with this rule.1.8. Certification Program Requirements. 1.8.1. A laboratory analyzing samples for compliance with adopted rules, permits, or orders issued pursuant to a covered statutory program will follow the procedures set forth in this rule in order to obtain and maintain certification. The provisions of this rule are only applicable to tests required by State and Federal regulatory programs.1.8.2. Certified laboratories and laboratories seeking certification will analyze all samples requiring testing under this rule in accordance with the procedures and methods required by this rule.1.9. Program Information and Communications. -- Questions concerning the requirements of this rule should be directed to the Department of Environmental Protection, Division of Water and Waste Management, Quality Assurance Program, 601 57th Street SE, Charleston, WV 25304-2345.