147-A:5-a Hazardous Waste Testing Laboratory Certification. –
I. Any laboratory conducting tests for the presence of hazardous waste, other than water testing laboratories accredited under RSA 485:44, may apply for certification by the department.
II. The department shall establish and administer a program to certify on an annual basis the facilities, techniques, collection procedures, testing methods, analytical performance, and qualifications of personnel of any laboratory for the purposes of RSA 147-A:5-a, I. The program shall be no less stringent than the United States Environmental Protection Agency's rules and regulations for the certification of hazardous waste laboratories. Certification shall be granted on an analyte-by-analyte basis and shall be based on the capability of the laboratory to analyze samples with precision and accuracy.
III. The participation of laboratories in the certification program established under this section shall be voluntary.
IV. Provisional certification may be granted on terms and conditions as set forth in rules adopted by the department in accordance with RSA 541-A.
V. The department shall approve and certify laboratories certified in other states upon request, provided that the certification program in such states is at least equivalent to that enforced nationally by the United States Environmental Protection Agency. The department may inspect or otherwise verify that the applying laboratory is performing at the certification level.
VI. An alternate laboratory test method may be acceptable only if it is equivalent to the prescribed test in both accuracy and reproducibility as it relates to the determination of compliance with any maximum contaminant level. The department shall certify an alternate laboratory method if the method has been approved by the United States Environmental Protection Agency.
VII. Certification may be denied, revoked, suspended, or modified as determined by rules of the department. A laboratory which has had certification revoked or suspended shall be recertified at such time as it again meets criteria for certification, and requests recertification.
VIII. Changes in laboratory ownership, location, personnel, methodology, or other factors significantly affecting the performance of analyses for which it was originally certified shall be reported to the certification officer of the department of environmental services within 48 hours of the change.
IX. A laboratory may subcontract tests which it is not certified to perform to another laboratory which is so certified, provided that the test report clearly indicates which tests were subcontracted and that laboratory test records which specify the name and address of the laboratory which performed the work are maintained and made accessible to the department upon request.
X. Nothing in this section shall be construed to limit or control laboratory services which are offered or performed outside the scope of the certification program provided for in RSA 147-A:5-a, I and II.