reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter C - GENERAL STANDARDS FOR ACCREDITATION › Section 252.301 - Laboratory supervisor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will consider the laboratory supervisor of an environmental
						laboratory as the individual listed on the laboratory's application for
						accreditation for which the Department has reviewed and approved the
						individual's qualifications.
(b)
						Testing, analysis and reporting of data by an environmental laboratory shall be
						under the direct supervision of a laboratory supervisor.
(c) The laboratory supervisor shall certify
						that each test or analysis is accurate and valid and the test or analysis was
						performed in accordance with all conditions of accreditation. A laboratory
						supervisor may certify a test or analysis by signing the final laboratory
						report. A laboratory may use other mechanisms to certify a test or analysis,
						provided the mechanism is documented in the laboratory quality
						manual.
(d) The laboratory
						supervisor shall ensure that the records required by this chapter are
						maintained.
(e) The Department may
						disqualify a laboratory supervisor who is responsible for the submission of
						inaccurate test or analysis results.
(f) The Department will disqualify a
						laboratory supervisor convicted of any crime or offense related to violations
						of State or Federal laws or regulations related to the provision of
						environmental laboratory services or reimbursement for the services.
(g) An environmental laboratory may appoint
						one or more laboratory supervisors for the appropriate fields of accreditation
						for which they are seeking accreditation.
(h) An environmental laboratory shall
						designate another staff member meeting the qualifications of a laboratory
						supervisor and who is approved by the Department as described in subsection (a)
						to temporarily perform this function when a laboratory supervisor is absent for
						a period of time exceeding 21 consecutive calendar days. If this temporary
						absence exceeds 30 consecutive calendar days, the environmental laboratory
						shall notify the Department in writing under §
												252.708 (relating to reporting and
						notification requirements).
(i) An
						individual may not be the laboratory supervisor of more than one environmental
						laboratory without authorization from the Department. Circumstances to be
						considered in the decision to grant the authorization will include at least the
						following:
(1) The extent to which operating
						hours of the laboratories to be supervised overlap.
(2) The adequacy of supervision in each
						laboratory.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter C - GENERAL STANDARDS FOR ACCREDITATION › Section 252.302 - Qualifications of the laboratory supervisor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A laboratory supervisor of an
						environmental laboratory engaged in chemical analysis of organics or metals, or
						both, shall have the following qualifications:
(1) A bachelor's degree in chemistry,
						biochemistry, physics, environmental science, biology, microbiology, physical
						sciences or engineering.
(2) At
						least 24-college semester credit hours in chemistry.
(3) At least 2 years of experience in the
						testing or analysis of environmental samples in representative inorganic and
						organic fields of accreditation for which the environmental laboratory seeks to
						obtain or to maintain accreditation. An earned master's or doctoral degree in
						chemistry, biochemistry, physics, environmental science, biology, microbiology,
						physical sciences or engineering may be substituted for 1 year of
						experience.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter C - GENERAL STANDARDS FOR ACCREDITATION › Section 252.303 - Grandfathering provisions for laboratory supervisors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who does not meet the education
						credential requirements for a laboratory supervisor but possesses the requisite
						years of experience required by §
												252.302 (relating to
						qualifications of the laboratory supervisor) shall qualify as laboratory
						supervisor subject to the following conditions:
(1) The person shall be a laboratory
						supervisor of the environmental laboratory on January 28, 2006.
(2) The person shall have been a laboratory
						supervisor of the environmental laboratory for at least 12 months for the
						fields of accreditation for which the environmental laboratory is
						applying.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter C - GENERAL STANDARDS FOR ACCREDITATION › Section 252.304 - Personnel requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General requirements for technical staff.
(1) An environmental laboratory shall have
						sufficient personnel with the necessary education, training, technical
						knowledge and experience for their assigned functions.
(2) Each member of the environmental
						laboratory technical staff shall be responsible for complying with quality
						assurance and quality control requirements that pertain to the member's
						organizational or technical function.
(3) Each environmental laboratory technical
						staff member shall have a combination of experience and education to adequately
						demonstrate a specific knowledge of the member's particular function and a
						general knowledge of laboratory operations, test methods, quality assurance and
						quality control procedures and records management.
(4) If a method, regulation or program
						requires more stringent qualifications for education or experience, or both,
						the laboratory technical staff shall meet the more stringent
						requirement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter C - GENERAL STANDARDS FOR ACCREDITATION › Section 252.305 - Physical facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						environmental laboratory shall have accommodations, work areas, energy sources,
						lighting, heating and ventilation necessary to assure proper performance of
						tests and analyses.
(b) The
						environment in which testing or analysis of environmental samples is undertaken
						may not adversely affect the results of the testing or analysis or the required
						accuracy of measurement.
(c) An
						environmental laboratory shall document its monitoring and control of
						environmental conditions where monitoring or control of environmental
						conditions is specified in a method or by regulation.
(d) There must be effective separation
						between neighboring work areas and between work areas and nonwork areas when
						the activities performed in the different areas are incompatible.
(e) Adequate measures shall be taken to
						ensure that contamination does not adversely affect data quality.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter C - GENERAL STANDARDS FOR ACCREDITATION › Section 252.306 - Equipment, supplies and reference materials

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An environmental laboratory shall be
						furnished with all items of equipment, including reference materials, required
						for the correct performance of tests or analyses for which accreditation is
						sought.
(b) An environmental
						laboratory shall maintain records of each item of equipment significant to the
						testing or analysis performed. These records must include documentation on the
						following:
(1) The name of the item of
						equipment.
(2) The manufacturer's
						name, type identification, and serial number or other unique
						identification.
(3) The date
						received and date placed in service (if available).
(4) The current location, when
						appropriate.
(5) If available,
						condition when received (for example, new, used or reconditioned).
(6) A copy of the manufacturer's
						instructions, when available.
(7)
						The dates and results of calibrations or verifications.
(8) The manufacturer's instructions, if
						available, or reference their location.
(9) The details of maintenance
						performed.
(10) A history of
						damage, malfunction, modification or repair.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter C - GENERAL STANDARDS FOR ACCREDITATION › Section 252.307 - Methodology

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						environmental laboratory shall follow the requirements for testing or analysis,
						sample collection, sample preservation and holding times specified in this
						section.
(b) An environmental
						laboratory shall select an analytical method for a specific test or analysis
						that meets the following criteria:
(1) The
						method is appropriate for the analyte and sample matrix.
(2) The method is required by, or considered
						appropriate for use under, applicable State or Federal regulations, a permit,
						an order, or is an approved alternate method under subsection (c).
(3) The method enables the laboratory to
						quantitate at required levels.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter D - QUALITY ASSURANCE AND QUALITY CONTROL REQUIREMENTS › Section 252.401 - Basic requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						environmental laboratory shall develop and maintain a quality manual
						appropriate to the type, range and volume of testing and analysis of
						environmental samples. The quality manual shall be available to and used by
						environmental laboratory personnel. The quality manual must contain the
						following:
(1) The full name and physical
						address of the laboratory.
(2) The
						name, address (if different from paragraph (1)), and telephone number of the
						laboratory supervisors.
(3) A
						revision number and effective date.
(4) A table of contents, and applicable lists
						of references, glossaries and appendices.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter D - QUALITY ASSURANCE AND QUALITY CONTROL REQUIREMENTS › Section 252.402 - Essential quality control requirements- chemistry

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the requirements of §
												252.401 (relating to basic
						requirements), laboratories performing testing or analysis of environmental
						samples in the area of chemistry shall comply with this section.
(b) When the method selected by an
						environmental laboratory in accordance with §
												252.307 (relating to methodology)
						contains more stringent requirements than the requirements of this section, the
						environmental laboratory shall follow the more stringent requirements contained
						in the method.
(c) Initial
						calibration requirements are as follows:
(1)
						An environmental laboratory shall follow the initial calibration requirements
						of the method.
(2) The results of
						testing or analysis of environmental samples shall be determined from an
						initial calibration and may not be determined from any continuing calibration
						verification, unless otherwise required by regulation, method or
						program.
(3) The details of the
						initial calibration procedures including calculations, integrations, acceptance
						criteria and associated statistics shall be included or referenced in the
						laboratory's standard operating procedure.
(4) Raw data records shall be retained to
						permit reconstruction of the initial calibration, including identification or
						reference to the reagents, standards and supplies used, dates of analysis,
						instrument identification, results of the initial calibration, calibration
						criteria and analyst identification.
(5) Initial calibrations shall be verified
						with a standard obtained from a second manufacturer or with a standard from the
						same manufacturer if the verification standard is documented by the
						manufacturer as prepared independently of the standard used during initial
						calibration.
(6) The lowest
						standard used for initial calibration may not be below the detection limit. The
						lowest standard must be at or below the lower limit of the range of
						quantitation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter D - QUALITY ASSURANCE AND QUALITY CONTROL REQUIREMENTS › Section 252.403 - Essential quality control requirements-toxicity testing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the requirements of §
												252.401 (relating to basic
						requirements), an environmental laboratory that measures the toxicity or
						bioaccumulation of contaminants, including testing of effluents, receiving
						waters, sediments, elutriates, leachates and soils shall comply with this
						section.
(b) When the method
						selected by an environmental laboratory in accordance with §
												252.307 (relating to methodology)
						contains more stringent requirements than the requirements of this section, the
						environmental laboratory shall follow the more stringent requirements contained
						in the method.
(c) An environmental
						laboratory that measures toxicity or bioaccumulation of contaminants shall
						comply with Chapter 16 (relating to water quality toxics management
						strategy-statement of policy) regarding counting of neonates, algae cells and
						weighing of fish for selected endpoints.
(d) Negative control requirements are as
						follows:
(1) In addition to the negative
						controls specified by the method, permit or regulation, additional negative
						controls shall be included when sample adjustments (for example, pH adjustments
						or dechlorination) or solvent carriers are used in the test.
(2) The results of the negative controls
						shall be compared to the acceptance criteria published in the method. When
						there are no established acceptance criteria for the negative control in the
						method, the environmental laboratory shall establish internal criteria and
						document the method used to establish the acceptance limits.
(3) The test acceptability criteria for
						negative controls as specified in the method must be achieved for both the
						reference toxicant and the environmental sample toxicity
						test.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter D - QUALITY ASSURANCE AND QUALITY CONTROL REQUIREMENTS › Section 252.405 - Essential quality control requirement-radiochemistry

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the requirements of §
												252.401 (relating to basic
						requirements), laboratories performing testing or analysis of environmental
						samples in the area of radiochemistry shall comply with this section.
(b) When the method selected by an
						environmental laboratory in accordance with §
												252.307 (relating to methodology)
						contains more stringent requirements than the requirements of this section, the
						environmental laboratory shall follow the more stringent requirements contained
						in the method.
(c) The requirements
						for initial calibration are as follows:
(1) An
						environmental laboratory shall follow the initial calibration requirements of
						the method or regulation.
(2)
						Initial calibrations shall be performed using calibration standards that have
						the same general characteristics as the associated environmental samples, for
						example geometry, homogeneity and density.
(3) The initial calibration must include,
						when applicable, determination of instrument background, efficiency, mass
						attenuation and energy calibration.
(4) The results of testing or analysis of
						environmental samples shall be determined from an initial calibration that is
						not more than 12 months old and may not be determined from any continuing
						calibration verification, unless otherwise required by regulation, method or
						program.
(5) The details of the
						initial calibration procedures including calculations, integrations, acceptance
						criteria and associated statistics shall be included or referenced in the
						laboratory's standard operating procedures.
(6) Raw data records shall be retained to
						permit reconstruction of the initial calibration.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter F - ASSESSMENT REQUIREMENTS › Section 252.601 - Assessment requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
						to granting primary accreditation to an environmental laboratory, the
						Department will perform an onsite assessment of the laboratory.
(b) Prior to granting accreditation for an
						additional field of accreditation to an environmental laboratory, the
						Department may perform an onsite assessment of the laboratory.
(c) The Department may conduct announced or
						unannounced onsite assessments of an environmental laboratory to ensure
						compliance with the conditions of accreditation, this chapter or orders issued
						by the Department.
(d) The
						Department will provide the environmental laboratory with an assessment report
						documenting any deficiencies found by the Department. The Department may deny,
						suspend or revoke an environmental laboratory's accreditation in accordance
						with Subchapter G (relating to miscellaneous provisions) before issuing the
						assessment report or during the corrective action process.
(e) An environmental laboratory shall submit
						a corrective action report to the Department within 60 calendar days from
						receipt of an assessment report from the Department when the Department has
						found deficiencies. The corrective action report must:
(1) Document the corrective action taken by
						the laboratory to correct each deficiency and the time frame for
						completion.
(2) Include
						documentation demonstrating correction of the deficiencies as requested by the
						Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter G - MISCELLANEOUS PROVISIONS › Section 252.701 - Denial of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will deny an application for accreditation, transfer of
						accreditation or application for renewal of accreditation under one or more of
						the following circumstances:
(1) The
						environmental laboratory is in continuing violation of or demonstrates an
						inability or lack of intention to comply with this chapter or other laws
						administered by the Department.
(2)
						The Department revoked the environmental laboratory's certificate of
						accreditation for all fields of accreditation for failure to correct
						deficiencies identified in an assessment report within the previous 6
						months.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter G - MISCELLANEOUS PROVISIONS › Section 252.702 - Revocation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						will revoke an environmental laboratory's accreditation for a field of
						accreditation when, after being suspended due to failure to participate in a
						required proficiency test study or due to failure to obtain an acceptable
						result for a proficiency test study, the laboratory's analysis of the next
						proficiency test study results in a failed proficiency test study for that
						field of accreditation.
(b) The
						Department may revoke an environmental laboratory's accreditation, in part or
						in total, for one or more of the following reasons:
(1) Failure to respond to an assessment
						report with a corrective action report within the required time
						frames.
(2) Failure to correct
						deficiencies identified during an assessment of the environmental
						laboratory.
(3) Failure to
						implement corrective action to correct violations or deficiencies found during
						an assessment.
(4) Failure of an
						environmental laboratory that has been suspended to correct all outstanding
						violations or deficiencies within 6 months of the effective date of the
						suspension.
(5) Failure to submit
						an acceptable corrective action report in response to an assessment report
						within the required time frames.
(6) Violation of a condition of
						accreditation.
(7) Violation of a
						statute, this chapter or an order of the Department.
(8) Falsifying analyses.
(9) Making misrepresentations to the
						Department.
(10) Engaging in
						unethical or fraudulent practices.
(11) Analysis of proficiency test studies by
						personnel, procedures, equipment, facilities, number of replicates and methods
						other than those associated with the routine analysis of environmental samples
						in the laboratory.
(12) Failure to
						implement a quality assurance program.
(13) Failure to participate in the
						proficiency test study program as required by this chapter.
(14) Denial of entry to the Department during
						normal business hours for an onsite assessment.
(15) Failure to comply with the reporting and
						notification requirements as specified in §
													252.708 (relating to reporting and
						notification requirements).
(16)
						Failure to employ staff that meets the personnel qualifications for education,
						training and experience.
(17)
						Failure to meet the requirements of this chapter.
(18) Failure to maintain test instruments,
						equipment, supplies and reference materials that meet the specifications
						required to produce valid analytical results.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter G - MISCELLANEOUS PROVISIONS › Section 252.703 - Suspension

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Denial of
						access to the Department during normal business hours will result in immediate
						suspension of accreditation for all fields of accreditation. Upon notice from
						the Department, the laboratory shall immediately cease testing or analysis of
						environmental samples.
(b) The
						Department will suspend an environmental laboratory's accreditation in total or
						in part for one or more of the following reasons:
(1) The Department finds that protection of
						the environment or the public health, safety or welfare requires emergency
						action.
(2) The environmental
						laboratory fails to successfully complete a proficiency test study within the
						previous 12 months.
(3) The
						environmental laboratory fails two consecutive proficiency test studies for a
						field of accreditation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter G - MISCELLANEOUS PROVISIONS › Section 252.704 - Voluntary relinquishment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						environmental laboratory wishing to voluntarily relinquish its certificate of
						accreditation or accreditation for fields of accreditation shall notify the
						Department in writing.
(b) An
						environmental laboratory that voluntarily relinquishes its certificate of
						accreditation shall ensure records are maintained in accordance with §
												252.706 (relating to
						recordkeeping).
(c) Within 72 hours
						of voluntarily relinquishing its certificate of accreditation, the laboratory
						shall notify each of its customers affected by the voluntary relinquishment in
						writing of the relinquishment. The Department may require the laboratory to use
						specific language in the written notice or require Department approval of the
						notice before issuance.
The provisions of this §
														252.704 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).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter G - MISCELLANEOUS PROVISIONS › Section 252.705 - Use of accreditation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Environmental laboratories accredited by the Department shall:
(1) Post or display their most recent
						certificate of accreditation in a prominent place in the laboratory.
(2) Make accurate statements concerning their
						accreditation status.
(3) Not use
						their certificate of accreditation, accreditation status or the Department's
						logo to imply endorsement by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter G - MISCELLANEOUS PROVISIONS › Section 252.706 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						environmental laboratory shall maintain records in an organized manner
						accessible by the Department.
(b)
						An environmental laboratory shall maintain records, including original
						handwritten data, that allow reconstruction of all laboratory activities
						associated with the testing or analysis of environmental samples, proficiency
						test studies, initial demonstration of capability or demonstration of continued
						proficiency. These records include the following:
(1) Start and end dates and times of
						incubations, drying cycles, digestion, distillations, and the like, when a
						minimum or maximum time is specified by method, regulation or permit.
(2) Unequivocal link between the laboratory's
						sample identification number to the results of all associated quality
						control.
(3) Instrument
						identification.
(4) Identification
						of, or reference to, the standards, reagents, media, supplies, and the like,
						used during sample preparation or analysis, or both.
(5) The results of chemical or thermal
						preservation verifications or adjustments, or both.
(6) Date of sample preparation or analysis,
						or both.
(7) Time of sample
						preparation or analysis, or both, if the holding time for either activity is
						less than or equal to 72 hours.
(8)
						Manual calculations.
(9) Test
						results.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter G - MISCELLANEOUS PROVISIONS › Section 252.707 - Subcontracting

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						environmental laboratory may not subcontract testing or analysis covered under
						this chapter to an environmental laboratory that is not accredited and in
						compliance with this chapter.
(b)
						The accreditation number of the subcontracted environmental laboratory shall be
						indicated on the final report.
The provisions of this §
														252.707 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).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter G - MISCELLANEOUS PROVISIONS › Section 252.708 - Reporting and notification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An environmental laboratory conducting
						testing or analysis of drinking water under Chapter 109 (relating to safe
						drinking water) shall:
(1) Meet the reporting
						and notification requirements of that chapter.
(2) Review all sample analysis data within 24
						hours of acquisition of the initial sample results for inorganic nonmetals and
						trace metals analyses. The 24-hour deadline may be extended to a maximum of 72
						hours to accommodate a holiday or weekend when the laboratory is closed for
						business.
(3) For organic and
						radiochemical analyses, review all sample analysis data within 7 days of
						acquisition of the initial sample results for organic analysis.
(4) For microbiological results, read all
						sample results within 30 minutes of the end of the incubation period.
(5) Analyze the laboratory control sample at
						a concentration at or below the maximum contaminant level.
(6) Report to the Drinking Water
						Environmental Lab Reporting system only those analytical test results that meet
						the method, regulatory and permit requirements for sample collection,
						preservation, holding time, sample analysis and quality control performance,
						unless the Department has specifically approved that the result may be
						reported.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 253 - ADMINISTRATION OF THE UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 253.2 - Contents and form of environmental covenant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An environmental covenant must contain
					 the following:
(1) A statement that the
					 instrument is an environmental covenant executed under UECA.
(2) A legally sufficient description of the
					 real property subject to the environmental covenant.
(3) A brief narrative description of the
					 contamination and the remedy.
(4) A
					 description of the activity and use limitations on the real property.
(5) An identification of every
					 holder.
(6) The signatures, with
					 the formalities required for a deed, by the following:
(i) The agency, unless the environmental
					 covenant has been deemed approved under subsection (c)(4).
(ii) Every holder.
(iii) Every owner in fee simple of the real
					 property subject to the environmental covenant, unless waived by the
					 agency.
(7) The name and
					 location of any administrative record for the environmental response project
					 reflected in the environmental covenant.
(8) A clause that the covenant may be amended
					 or terminated as to any portion of the real property subject to the covenant
					 that is acquired for use as highway right of way by the Commonwealth, providing
					 that:
(i) The Department waives the
					 requirements for an environmental covenant and for conversion under section
					 6517 of UECA (relating to relationship to other laws) to the same extent that
					 the environmental covenant is amended or terminated.
(ii) The Department determines that
					 termination or modification of the environmental covenant will not adversely
					 affect human health or the environment.
(iii) The Department will provide 30-days
					 advance written notice to the current property owner, each holder, and, as
					 practicable, each person that originally signed the environmental covenant or
					 successors in interest to those persons.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 253 - ADMINISTRATION OF THE UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 253.3 - Notice of environmental covenant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The environmental covenant must indicate
					 to whom copies are to be provided, when those copies are to be provided and by
					 whom the copies are to be provided. A grantor, a holder or any person who
					 signed the environmental covenant may be designated as the individual
					 responsible for distributing copies of the environmental covenant. File-stamped
					 copies shall be provided no later than 90 days after the recording of the
					 environmental covenant by the county recorder of deeds, unless the Department
					 agrees to an extension of time.
(b)
					 Unless waived by the Department in writing, copies of the environmental
					 covenant shall be provided to the following persons:
(1) Each person who signed the environmental
					 covenant.
(2) Each person holding a
					 recorded interest in that portion of the real property subject to the
					 environmental covenant.
(3) Each
					 person in possession of that property.
(4) If the environmental covenant covers
					 commonly owned property in a common interest community, the copies of the
					 environmental covenant may be provided to any person authorized by the
					 governing board of the owners association.
(5) Each political subdivision in which that
					 property is located.
(6) Other
					 persons designated by the agency, based upon the rights or interests that the
					 other persons have in receiving a copy of the environmental covenant.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 253 - ADMINISTRATION OF THE UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 253.4 - Requirements for and waiver of environmental covenants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless waived by the Department, activity
					 and use limitations used to demonstrate or maintain attainment of a remediation
					 standard under the Land Recycling Act or the Storage Tank Act must be in the
					 form of an environmental covenant. An environmental covenant may be used with
					 other types of environmental response projects.
(b) Remediation measures undertaken pursuant
					 to the special industrial area provisions of the Land Recycling Act which
					 include land use restrictions limiting use of the property to the intended
					 purpose shall implement those land use restrictions in the form of an
					 environmental covenant.
(c) For
					 remediations that require an environmental covenant under subsection (a),
					 requests and justifications for waivers from the requirement to develop and
					 record an environmental covenant shall be submitted to the Department in
					 writing no later than at the time of submission of the Remedial Action
					 Completion Report or the Final Report. Any waivers that are granted by the
					 Department will be issued in writing.
(d) An environmental covenant will not be
					 required, but may be used, for property owned by the Federal government before
					 transfer of the property to a non-Federal entity or individual. At least 120
					 days before the transfer of a property owned by the Federal government, at
					 which engineering or institutional controls are used to demonstrate or maintain
					 attainment of a remediation standard under the Land Recycling Act or the
					 Storage Tank Act, the Department shall be notified of the proposed transfer of
					 the property and be provided with a draft environmental covenant. The
					 requirement for providing notice and a draft environmental covenant to the
					 Department shall be incorporated into an installation's master plan or other
					 similar and appropriate remedial documentation.
This section cited in 25 Pa. Code §
													253.5 (relating to submission of
						  environmental covenants and related
						  information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 253 - ADMINISTRATION OF THE UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 253.5 - Submission of environmental covenants and related information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
					 remediations that require an environmental covenant under §
											253.4 (relating to requirements
					 for and waiver of environmental covenants), the remediator shall provide the
					 environmental covenant to the Department no later than 30 days after receipt of
					 written approval from the Department of the Remedial Action Completion Report
					 or the Final Report.
(b) For
					 remediations that require an environmental covenant under § 253.4, the
					 person who submits the environmental covenant to the agency shall provide the
					 agency with the name and current address of each person occupying or otherwise
					 in possession of the real property subject to the environmental covenant and
					 each person owning a recorded interest in that property. If the environmental
					 covenant covers commonly owned property in a common interest community, only
					 the person as is authorized by the governing board of the owners association to
					 receive the covenant needs to be included under this subsection. The
					 information shall be provided no later than when the Remedial Action Completion
					 Report or the Final Report is submitted to the agency.
(c) Within 90 days after the environmental
					 covenant has been approved and signed by the Department, the person who
					 submitted the environmental covenant shall provide the Department with proof of
					 recordation of either the approved environmental covenant or the substitute
					 notice allowed under section 6512(b) of UECA (relating to registry; substitute
					 notice), unless the Department agrees to an extension of time.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 253 - ADMINISTRATION OF THE UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 253.6 - Requirements for county recorder of deeds

Current through Register Vol. 54, No. 28, July 13, 2024
Within 45 days after the filing of an environmental
						covenant, or the substitute notice allowed under section 6512 of UECA (relating
						to registry; substitute notice), with a county recorder of deeds, the recorder
						of deeds shall provide the person who filed the document with a copy of the
						recorded document which indicates where the recorder has indexed the
						document.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 253 - ADMINISTRATION OF THE UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 253.7 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A nonrefundable
					 fee of $500 shall be submitted to the Department with each environmental
					 covenant appropriately signed by all parties other than the
					 Department.
(b) A fee is not
					 required for environmental covenants submitted under §
											253.10 (relating to conversion and
					 waiver of conversion) where the person submitting the environmental covenant
					 did not cause or contribute to the contamination described in the environmental
					 covenant.
(c) At least every 3
					 years, the Department will provide the EQB with an evaluation of the fees in
					 this chapter and recommend regulatory changes to the EQB to address any
					 disparity between the program income generated by the fees and the Department's
					 cost of administering the program with the objective of ensuring fees meet all
					 program costs and programs are self-sustaining.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 253 - ADMINISTRATION OF THE UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 253.8 - Subordination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As a condition
					 of approving an environmental covenant, the Department may require that an
					 owner of a prior interest subordinate its interest to the environmental
					 covenant.
(b) If the Department
					 requires subordination of a prior interest to the environmental covenant, it
					 will notify the person submitting the environmental covenant and the owner of
					 the prior interest of this condition in writing and describe the basis for
					 requiring subordination.
(c) A
					 subordination agreement may be contained in the environmental covenant or in a
					 separate record. If contained in a separate record, a copy of the subordination
					 document shall be provided to the Department prior to approval of the
					 environmental covenant, unless the Department agrees to an extension of time.
					 If the environmental covenant covers commonly owned property in a common
					 interest community, the agreement or record may be signed by any person
					 authorized by the governing board of the owners association.
(d) An agreement by a person to subordinate a
					 prior interest to an environmental covenant affects the priority of the
					 person's interest but does not itself impose an affirmative obligation on the
					 person with respect to the environmental covenant nor does it affect the
					 person's existing environmental liabilities.
This section cited in 25 Pa. Code §
													253.2 (relating to contents and
						  form of environmental covenant).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 253 - ADMINISTRATION OF THE UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 253.9 - Duration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Duration of covenant.
An environmental covenant is perpetual
					 except as provided under section 6509 of UECA (relating to duration).
(b)
Eminent domain.
When the
					 Department is the agency referenced in section 6509(a)(5) of UECA, notice and
					 request for consent must be made in writing and submitted to the Department at
					 least 30 days prior to commencement of the eminent domain proceeding.
(c)
Judicial termination
or
amendment.
Where the Department is the agency referenced in
					 section 6509(b) of UECA, the notice and request for determination must be made
					 in writing and submitted to the Department at least 90 days prior to
					 commencement of the judicial proceeding.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 253 - ADMINISTRATION OF THE UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 253.10 - Conversion and waiver of conversion

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An instrument created before February 18,
					 2008, which establishes activity and use limitations to demonstrate attainment
					 or maintenance of one or a combination of cleanup standards under the Land
					 Recycling Act or to demonstrate satisfaction of a corrective action requirement
					 under the Storage Tank Act shall be converted to an environmental covenant by
					 February 18, 2013, unless waived by the Department or as otherwise provided in
					 this section.
(b) The current owner
					 of a property subject to an instrument covered in subsection (a) shall have the
					 responsibility to convert the existing instrument to an environmental covenant
					 in accordance with the requirements of UECA and this chapter. The Department
					 will not require, but may allow, such an environmental covenant to contain
					 information, restrictions or requirements, including activity and use
					 limitations, not contained in the existing instrument or a Department-approved
					 postremediation care plan.
(c) The
					 obligation to convert an instrument covered in subsection (a) shall be waived
					 until the property is transferred to a new owner if the current owner of the
					 property requests the waiver in writing and provides the Department with proof
					 of recordation of the instrument covered by subsection (a).
(d) The Department may waive the requirement
					 to convert an instrument. Waivers that are granted by the Department will be
					 issued in writing.
This section cited in §
													253.7 (relating to
						  fees).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 253 - ADMINISTRATION OF THE UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 253.11 - Assignment of interest

Current through Register Vol. 54, No. 28, July 13, 2024
When the Department's consent is required for a holder to
						assign its interest, or for the removal and replacement of a holder, request
						for the consent must be made in writing and submitted to the Department at
						least 30 days prior to the assignment, unless waived by the
						Department.