401 KAR 42:340. Laboratory certification.
RELATES TO: KRS 224.60-110, 224.60-130,
STATUTORY AUTHORITY: KRS 224.60-130(1)(a)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
224.60-130(1)(a) requires the establishment of criteria to certify laboratories
that contract with owners or operators of petroleum storage tanks to perform
analytical testing and that owners and operators have all required analytical
testing performed by a certified laboratory to be eligible for Petroleum
Storage Tank Environmental Assurance Fund (PSTEAF) reimbursement. This
administrative regulation establishes the requirements for certification and
the parameters and methods on which certification shall be granted.
Section 1. Applicability. (1) Owners and
operators seeking reimbursement from the PSTEAF for analytical testing shall
utilize a laboratory certified pursuant to this administrative regulation.
(2) This administrative regulation shall
apply to analytical testing performed on or after October 1, 1999.
(3) An owner or operator of a petroleum storage
tank who fails to comply with this requirement shall not be reimbursed by the
cabinet for costs related to analytical testing.
Section 2. Certification Requirements.
(1) A laboratory shall demonstrate current accreditation by:
(a) The American Association for
Laboratory Accreditation; or
(b) A state approved to accredit
environmental laboratories, in accordance with National Environmental
Laboratory Accreditation Program requirements and standards.
(2) A laboratory seeking certification
from the cabinet shall submit a completed Application for Laboratory
Certification, DEP 6074.
(a) The application shall include proof
of accreditation as described in subsection (1) of this section; and
(b) The applicant shall retain a copy of
the form for his or her own records.
(3) The cabinet shall reimburse a petroleum
storage tank owner or operator for the cost of a laboratory analysis if the:
(a) Analysis is conducted in accordance
with the established parameters and methods;
(b) Analysis is required by written
directive by the cabinet and performed in accordance with 401 KAR Chapter 42;
(c) Laboratory is certified by the
cabinet to conduct that analysis.
Section 3. Maintaining Laboratory Certification. (1)
A certified laboratory shall maintain accreditation by the American Association
for Laboratory Accreditation or the National Environmental Laboratory
Accreditation Program for the duration of certification.
(2) If a certified laboratory’s
accreditation, in accordance with Section 1 of this administrative regulation,
is renewed, or otherwise changes in status, the certified laboratory shall
submit updated documentation of the accreditation status to the cabinet within
thirty (30) days.
(3)(a) A laboratory holding valid certification
from the USTB issued prior to October 1, 2011 shall not be required to submit a
new Application for Laboratory Certification, DEP 6074.
(b) In order to maintain certification
status, the certified laboratory shall comply with subsection (2) of this
(4) If a certified laboratory fails to
maintain certification in accordance with this section, the laboratory shall be
required to submit an Application for Laboratory Certification, DEP 6074, in
accordance with Section 2 of this administrative regulation.
Section 4. Loss of Certification. (1) The
cabinet shall revoke a certification if the applicant:
(a) Obtains the certification through
fraud or misrepresentation; or
(b) Knowingly or intentionally submits
materially false information to owners, operators, contractors, or the cabinet.
(2) The cabinet shall, within ten (10)
days of a revocation determination, notify the laboratory, in writing, of the revocation
(3) A laboratory seeking to dispute
revocation may appeal that decision pursuant to KRS 224.10-420, 224.10-440, 401
KAR 42:320, and 100:010.
Section 5. Extensions. (1) The owner or
operator of a UST system may request an extension to a deadline established by
this administrative regulation or established by the cabinet in writing pursuant
to this administrative regulation.
(2) The extension request shall be
submitted in writing and received by the Underground Storage Tank Branch of the
Division of Waste Management prior to the deadline.
(3) The cabinet shall grant an extension,
if the cabinet determines that an extension would not have a detrimental impact
on human health or the environment.
Section 6. Incorporation by Reference.
(1) "Application for Laboratory Certification", DEP 6074, April 2011
is incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Division of
Waste Management, 200 Fair Oaks Lane, Second Floor, Frankfort, Kentucky 40601,
Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on
the Division of Waste Management's Web site at http://waste.ky.gov/ust. (25 Ky.R. 2052; Am.
2871; eff. 6-9-99; 29 Ky.R. 551; 944; eff. 10-9-2002; Recodified from 415 KAR
1:140; 32 Ky.R. 2145; 33 Ky.R. 759; eff. 9-13-2006; 37 Ky.R. 2739; 38 Ky.R.
549; eff. 10-6-11.)