Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-04 - Certified laboratories

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see rule
				3745-300-15 of the
				Administrative Code titled "Incorporation by reference - voluntary action
				program."]
(A)
								
								Authority of a certified laboratory to perform
			 analyses.
(1) A certified laboratory produces
			 certified data under affidavit in accordance with rule
			 3745-300-13 of the
			 Administrative Code only when the analyses are performed within the
			 laboratory's current certification. Certification may limit the analysis of
			 certain environmental media, as indicated on the laboratory's certificate
			 issued by Ohio EPA under this chapter.
(2) In order to produce certified data to
			 support a voluntary action under this chapter and Chapter 3746. of the Revised
			 Code, the following shall occur:
(a) The
			 certified laboratory shall be certified for each
			 analyte, parameter group, and method at the time the laboratory performs the
			 analyses.
(b) The
			 certified laboratory's analyses shall remain
			 consistent with the laboratory's standard operating procedures (SOPs) and
			 quality assurance program plan (QAPP).
(c) The certified laboratory's SOPs and QAPP used to produce
			 certified data shall be consistent with all of the following:
(i) Requirements in the published method
			 published or endorsed by U.S. EPA.
(ii) The applicable minimum requirements in
			 paragraph 
											(D) of this rule.
(iii) Any additional requirements specified
			 during approval for analysis using performance-based methods under paragraph
			 (B)(1)(c) of this rule.
(iv) Where
			 there is a conflict between paragraph (A)(2)(c)(i) of this rule and paragraph
			 (A)(2)(c)(ii) of this rule or paragraph (A)(2)(c)(iii) of this rule,
			 requirements consistent with paragraph (A)(2)(c)(ii) of this rule or paragraph
			 (A)(2)(c)(iii) of this rule take precedence.
(3) Certification pursuant to this rule is
			 applicable to analyses performed in support of a voluntary action, including
			 but not limited to the issuance of a no further action letter under this
			 chapter and Chapter 3746. of the Revised Code. Certification pursuant to this
			 rule does not constitute certification under any other state or federal
			 laboratory certification or accreditation program.
(4) For certification obtained that relies on
			 third-party accreditation, the certified laboratory shall maintain in good
			 standing the accreditation provided in paragraphs (B)(1)(d) and (B)(1)(e) of
			 this rule.
(5) A volunteer may
			 request that a certified laboratory analyze the constituents of a hazardous
			 substance when a chemical testing method or technology does not exist to
			 measure the concentration of the hazardous substance. When a hazardous
			 substance is comprised of more than one constituent, the certified laboratory
			 shall obtain certification for each constituent, even if the constituent is not
			 listed as a hazardous substance.
(6) If a certified laboratory no longer
			 intends to retain certification, the certified laboratory may return the
			 certificate with a notice to Ohio EPA that indicates the certified laboratory's
			 intent to withdraw from certification. Upon withdrawal, the laboratory shall
			 not report data as certified data under this chapter.