Subchapter B. APPLICATION, FEES AND SUPPORTING DOCUMENTS
Sec.
252.201. Application and supporting documents.
252.202. Application for transfer of laboratory accreditation.
252.203. Accreditation renewal.
252.204. Fees.
252.205. Out-of-State laboratories.
252.206. Out-of-State onsite reimbursement.
252.207. Expiration of application.
Cross References This subchapter cited in 25 Pa. Code § 252.5 (relating to NELAP equivalency); and 25 Pa. Code § 252.6 (relating to accreditation-by-rule).
§ 252.201. Application and supporting documents.
(a) An environmental laboratory seeking accreditation for one or more fields of accreditation within a matrix described in § 252.3 (relating to scope) or that seeks to add a field of accreditation shall apply to the Department for accreditation on forms provided by the Department and in the format specified by the Department. The applicant shall provide other relevant material requested by the Department.
(b) An application for accreditation must include the appropriate application fee in accordance with § 252.204 (relating to fees.)
(c) Environmental laboratories maintained on separate premises shall maintain distinct accreditation. Separate accreditation is not required for environmental laboratories in different buildings on the same or adjoining grounds, provided the laboratories are operated under the same management.
(d) Separate accreditation is required for a mobile laboratory.
Authority The provisions of this § 252.201 amended under 27 Pa.C.S. § 4105(a); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 252.201 amended July 28, 2017, effective July 29, 2017, 47 Pa.B. 4085. Immediately preceding text appears at serial page (348790).
Cross References This section cited in 25 Pa. Code § 252.202 (relating to application for transfer of laboratory accreditation).
§ 252.202. Application for transfer of laboratory accreditation.
(a) The new owner of an accredited environmental laboratory shall notify the Department in writing within 10 calendar days following a change in laboratory ownership. Within 30 calendar days following the change in laboratory ownership, an accredited environmental laboratory shall do the following:
(1) Submit an ownership transfer application, indicating any changes in the equipment, methodology and staffing.
(2) Pay the application fee for ownership transfer.
(3) Agree to correct any violations that exist at the time of the sale or transfer in accordance with a schedule that is acceptable to the Department.
(b) Enforcement actions will be transferred with the accreditation.
(c) Failure to comply with this section will cause the previous accreditation to expire.
(d) An environmental laboratory may operate under the previous accreditation until the Department makes a final decision on the transfer application. If the Department denies the transfer application, the environmental laboratory is no longer accredited and the new owner shall submit an application under § 252.201 (relating to application and supporting documents).
§ 252.203. Accreditation renewal.
(a) Applications for accreditation renewal shall be submitted annually to the Department at least 60 calendar days prior to the expiration date of the current certificate of accreditation in writing on forms provided by the Department and in the format specified by the Department.
(b) An application for accreditation renewal must include the appropriate application fee in accordance with § 252.204 (relating to fees).
(c) Failure to submit an application for renewal in accordance with this section will result in a lapse in accreditation if the Department has not approved the renewal application prior to the expiration of the current certificate of accreditation. If a lapse in accreditation occurs, the environmental laboratory shall cease all testing or analysis of environmental samples for the affected fields of accreditation.
(d) Within 48 hours of expiration of the certificate of accreditation, the laboratory shall notify each of its customers affected by the expiration of the certificate of accreditation in writing of the lapse in accreditation. The Department may choose to require the laboratory to use specific language in the written notice or to require Department approval of the notice before issuance.
Authority The provisions of this § 252.203 amended under 27 Pa.C.S. § 4105(a); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 252.203 amended July 28, 2017, effective July 29, 2017, 47 Pa.B. 4085. Immediately preceding text appears at serial pages (348790) to (348791).
§ 252.204. Fees.
(a) The appropriate fee in accordance with the following schedule must accompany an application for accreditation, renewal of accreditation, change of ownership, change in administrative information, addition of fields of accreditation or supplemental onsite assessment. A check must be payable to ‘‘Commonwealth of Pennsylvania.’’ When the Department is able to accept credit card payments, an environmental laboratory may make payment by credit card and shall pay to the Commonwealth all service charges or other administrative fees in addition to the accreditation fees. The fees are as follows:
Category Fee Application fee—Initial Application for State Accreditation $1,500 Application fee—Renewal Application for State Accreditation $700 Application fee—Ownership Transfer or Change in Administrative Information $150 Application fee—Initial Application for NELAP Accreditation $3,500 Application fee—Renewal Application for NELAP Accreditation $2,750 Application fee—Addition of Field of Accreditation $350 Application fee—Supplemental Onsite Assessment $500 Basic Drinking Water Category—Includes one method for each of the following: Total Coliform Bacteria, Fecal Coliform Bacteria, E. coli Bacteria, Heterotrophic Bacteria, Nitrate, Nitrite, Fluoride, Cyanide $750 Basic Nonpotable Water Category—Includes one method for each of the following: Fecal Coliform Bacteria, BOD, CBOD, Nitrate, Ammonia, Total Nitrogen, Total Kjeldahl Nitrogen, Nitrite, Phosphorus, and one method for each type of residue including % Solids for land applied biosolids $850 Asbestos—first matrix $600 Basic Microbiology—includes fecal coliform, total coliform, E. coli and heterotrophic bacteria—first matrix $700 Complex Microbiology—first matrix $1,000 Trace Metal Category—first matrix $750 Inorganic Nonmetal Category—first matrix $850 Purgeable Volatile Organic Chemicals—first matrix $850 Extractable and Semivolatile Organic Chemicals—first matrix $1,750 Dioxin—first matrix $850 Radiochemical Category—first matrix $950 Whole Effluent Toxicity Testing—first matrix $950 Asbestos—second matrix $450 Basic Microbiology—includes fecal coliform, total coliform, E. coli and heterotrophic bacteria—second matrix $600 Complex Microbiology—second matrix $900 Trace Metal Category—second matrix $600 Inorganic Nonmetal Category—second matrix $700 Purgeable Volatile Organic Chemicals—second matrix $700 Extractable and Semivolatile Organic Chemicals—second matrix $1,600 Dioxin—second matrix $700 Radiochemical Category—second matrix $850 Asbestos—third matrix $400 Basic Microbiology—includes fecal coliform, total coliform, E. coli and heterotrophic bacteria—third matrix $500 Complex Microbiology—third matrix $800 Trace Metal Category—third matrix $550 Inorganic Nonmetal Category—third matrix $650 Purgeable Volatile Organic Chemicals—third matrix $600 Extractable and Semivolatile Organic Chemicals—third matrix $1,450 Dioxin—third matrix $650 Radiochemical Category—third matrix $750 (b) At least every 3 years, the Department will recommend regulatory changes to the fees in this section to the EQB to address any disparity between the program income generated by the fees and program costs. The regulatory amendment will be based upon an evaluation of the accreditation program fees income and the Department’s costs of administering the accreditation program.
(c) An environmental laboratory owned or operated by a Commonwealth agency is exempt from this fee requirement, but shall apply for accreditation under this chapter.
(d) Fees are nonrefundable.
(e) In addition to the nonrefundable application fee, an out-of-State environmental laboratory shall reimburse the Department for the costs associated with onsite assessments necessitated by accreditation as specified in § 252.206 (relating to out-of-State onsite reimbursement).
Authority The provisions of this § 252.204 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).
Source The provisions of this § 252.204 amended April 9, 2010, effective April 10, 2010, 40 Pa.B. 1898; amended July 28, 2017, effective July 29, 2017, 47 Pa.B. 4085. Immediately preceding text appears at serial pages (348791) to (348792).
Cross References This section cited in 25 Pa. Code § 252.201 (relating to application and supporting documents); and 25 Pa. Code § 252.203 (relating to accreditation renewal).
§ 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 accreditation body for the same fields of accreditation for which the Department is a primary NELAP accreditation body provided the environmental laboratory meets the requirements of § 252.5 (relating to NELAP equivalency).
(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.
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).
Source The provisions of this § 252.205 amended April 9, 2010, effective April 10, 2010, 40 Pa.B. 1898; amended July 28, 2017, effective July 29, 2017, 47 Pa.B. 4085. Immediately preceding text appears at serial pages (348793) to (348794).
§ 252.206. Out-of-State onsite reimbursement.
In addition to the nonrefundable application fee, an out-of-State environmental laboratory shall reimburse the Department for the following costs associated with onsite assessments necessitated by accreditation:
(1) Transportation costs, including airfare, mileage, tolls, car rental, public transportation and parking.
(2) Meals and lodging.
(3) Travel time for each assessor at a rate of $75/hour.
Authority The provisions of this § 252.206 amended under 27 Pa.C.S. § 4105(a); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 252.206 amended July 28, 2017, effective July 29, 2017, 47 Pa.B. 4085. Immediately preceding text appears at serial page (348794).
Cross References This section cited in 25 Pa. Code § 252.204 (relating to fees); and 25 Pa. Code § 252.205 (relating to out-of-State laboratories).
§ 252.207. Expiration of application.
An environmental laboratory that fails to meet the requirements for accreditation within 1 year from the date the Department receives the application shall submit a new application and pay the appropriate fee to become accredited under this chapter.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
