North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-23 - DIVISION OF CHEMISTRY LABORATORIES › Chapter 33.1-23-02 - ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM › Section 33.1-23-02-02 - Definitions

Current through Supplement No. 393, July, 2024
In this article, unless the context otherwise requires, the
				  following definitions apply:
1.
				"Analyte" means the chemical substance, physical property, or organism
				determined in a sample.
2. "Analyte
				group" means a set of analytes that can be determined using the same method or
				technology.
3. "Biosolids" means
				sewage sludge or a solid, semisolid, or liquid residue generated during the
				treatment of domestic sewage in a treatment works. Biosolids includes domestic
				septage; scum or solids removed in primary, secondary, or advanced wastewater
				treatment processes; and a material derived from sewage sludge. Sewage sludge
				does not include ash generated during the firing of sewage sludge in a sewage
				sludge incinerator or grit and screenings generated during preliminary
				treatment of domestic sewage in a treatment works.
4. "Certified laboratory" means a laboratory
				that has a valid certification issued by the department.
5. "Client" means an entity that has arranged
				with a laboratory to perform tests and analyses to meet the requirements of a
				department issued permit or another department program or regulatory
				requirement.
6. "Coal Combustion
				Residual Rule" means the sampling and analysis requirements under title 40 Code
				of Federal Regulations, part 257 and appendices III and IV to part
				257.
7. "Department" means the
				North Dakota department of environmental quality.
8. "Department program" means a program or
				rule administered by the department which requires submission of data for
				compliance reporting purposes that must come from a certified
				laboratory.
9. "Field of testing"
				means the combination of analyte, method, matrix, and program for which a
				laboratory may hold accreditation or certification.
10. "Initial application" means an
				application submitted by a laboratory that either has never had certification
				or has not met the requirements and qualifications for either a renewal or
				revised application.
11.
				"Laboratory" means a facility that performs analyses on potable water,
				nonpotable water, a hazardous liquid, or solid matrix.
12. "Manual for the Certification of
				Laboratories Analyzing Drinking Water" means the environmental protection
				agency publication "Manual for the Certification of Laboratories Analyzing
				Drinking Water", 5th edition and including supplement 1 to the 5th edition of
				the "Manual for the Certification of Laboratories Analyzing Drinking Water" and
				supplement 2 to the 5th edition of the "Manual for the Certification of
				Laboratories Analyzing Drinking Water".
13. "Method" means an environmental
				protection agency promulgated or environmental protection agency accepted
				published scientific technique for performing a specific measurement. Method
				includes instructions for sample preparation, sample preservation, and sample
				analysis.
14. "Method defined
				parameter" means parameters that are physical or chemical properties of
				materials determined with specific methods used to evaluate whether the
				materials comply with certain Resource Conservation and Recovery Act of 1976,
				42 U.S.C. section
				6901 et seq., subtitle C
				regulations.
15. "National Primary
				Drinking Water Regulations" means the federal program authorized under title 40
				Code of Federal Regulations, part 141, section 141.1 et seq.
16. "National pollutant discharge elimination
				system" means the federal program authorized under title 40 Code of Federal
				Regulations, part 136, section 136.1 et seq.
17. "Nonpotable water" means water not
				suitable for drinking. It is a matrix in the Clean Water Act Program, the
				Resource Conservation and Recovery Act program and the Coal Combustion
				Residuals Rule program.
18. "North
				Dakota Environmental Laboratory Certification Program Manual" means the manual
				used by the environmental laboratory certification program for chemistry
				parameters. It is available on the department's website and is the Rev.
				November 2019 edition.
19.
				"Parameter" means the chemical substance, physical property, or organism being
				determined.
20. "Point value" means
				the numerical increments which represent the amount necessary to cover costs of
				reviewing applications, issuing certifications, conducting laboratory
				evaluations, training, collecting fees, and providing compliance assistance and
				other anticipated costs of administering the environmental laboratory
				certification program.
21. "Potable
				water" means water suitable for drinking. It is the matrix in the Safe Drinking
				Water Act program.
22. "Proficiency
				test" means the process of testing and reporting of test results performed by a
				laboratory for a specific analyte or analyte group to determine the ability of
				a laboratory to employ applicable analytical methods and to produce an accurate
				measurement of the concentration of the analyte or analyte group in the
				sample.
23. "Reciprocal
				certification" means a reciprocal or secondary certification that is based on a
				primary certification.
24. "Renewal
				application" means an application submitted by a laboratory to renew an
				existing certification.
25.
				"Reporting limit" means the lowest level of an analyte that can be accurately
				recovered from the matrix of interest. This limit is equivalent to a level of
				quantitation.
26. "Resource
				Conservation and Recovery Act" means the federal law found under
				42 U.S.C. section
				6901 et seq. (1976) and its corresponding
				regulations found under title 40, Code of Federal Regulations, parts 239
				through 282.
27. "Revised
				application" means an application that is submitted to make changes to an
				existing certification.
28.
				"SW-846" means the environmental protection agency guidance for using the "Test
				Methods for Evaluation Solid Waste: Physical/Chemical Methods", Publication
				SW-846, United States environmental protection department (2019). This guidance
				consists of three main parts: chapters, methods, and supporting documents and
				is the environmental protection agency SW-846 compendium.
29. "Test methods for evaluating solid waste:
				physical/chemical methods" means the environmental protection agency
				publication also known as SW-846.
General Authority:
NDCC 23.1-01-14
Law Implemented:
NDCC
					 23.1-01-14