                                 CODE OF VIRGINIA

ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM (§ 2.2-1105)

A. The Division shall by regulation establish a program for the certification of
laboratories conducting any tests, analyses, measurements, or monitoring
required pursuant to Chapter 13 (&#xA7; 10.1-1300 et seq.) of Title 10.1, the
Virginia Waste Management Act (&#xA7; 10.1-1400 et seq.), or the State Water
Control Law (&#xA7; 62.1-44.2 et seq.). The program shall include, but need not
be limited to, minimum criteria for (i) laboratory procedures, (ii) performance
evaluations, (iii) supervisory and personnel requirements, (iv) facilities and
equipment, (v) analytical quality control and quality assurance, (vi)
certificate issuance and maintenance, (vii) recertification and decertification,
and (viii) granting partial and full exemptions from the program based on
compliance and performance. The regulations shall be promulgated only after
adoption of national accreditation standards by the National Environmental
Laboratory Accreditation Conference sponsored by the United States Environmental
Protection Agency. The purpose of the program shall be to ensure that
laboratories provide accurate and consistent tests, analyses, measurements and
monitoring so that the goals and requirements of Chapter 13 of Title 10.1, the
Virginia Waste Management Act, and the State Water Control Law may be met.

B. Once the certification program has been established, laboratory certification
shall be required before any tests, analyses, measurements or monitoring
performed by a laboratory after the effective date of such program may be used
for the purposes of Chapter 13 (&#xA7; 10.1-1300 et seq.) of Title 10.1, the
Virginia Waste Management Act, and the State Water Control Law.

C. The Division shall by regulation establish a fee system to offset the costs
of the certification program. The regulations shall establish fee categories
based upon the types of substances for which tests, analyses, measurements or
monitoring are performed. The fees shall be used solely for offsetting the costs
of the laboratory certification program.

D. The Division shall develop procedures for determining the qualifications of
laboratories located in jurisdictions outside of Virginia to conduct tests,
analyses, measurements or monitoring for use in Virginia. Laboratories located
outside of Virginia that are certified or accredited under a program determined
by the Division to be equivalent to the program established under this section
shall be deemed to meet the certification requirements.

E. In addition to any other penalty provided by law, laboratories found to be
falsifying any data or providing false information to support certification
shall be decertified or denied certification.

F. Any laboratory subject to this section may petition the Director of the
Division for a reasonable variance from the requirements of the regulations
promulgated under this section. The Division may grant a reasonable variance if
the petitioner demonstrates to the Director&#8217;s satisfaction that (i) the
proposed variance will meet the goals and purposes of the provisions of this
section or regulation promulgated under this section, and (ii) the variance does
not conflict with federal or state law or regulations. Any petition submitted to
the Director is subject to the Administrative Process Act (&#xA7; 2.2-4000 et
seq.).

G. The provisions of this section shall not apply to laboratories when
performing tests, analyses, measurements, or monitoring, using protocols
pursuant to &#xA7; 10.1-104.2 to determine soil fertility, animal manure
nutrient content, or plant tissue nutrient uptake for the purposes of nutrient
management.

HISTORY: 1997, c. 652, § 2.1-429.01; 2001, c. 844; 2003, c. 580; 2012, cc. 99,
753.