401 KAR 42:340. Laboratory certification

Link to law: http://www.lrc.ky.gov/kar/401/042/340.htm
Published: 2015

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      401 KAR 42:340. Laboratory certification.


      RELATES TO: KRS 224.60-110, 224.60-130,


      STATUTORY AUTHORITY: KRS 224.60-130(1)(a)


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

of certification.

      (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.)