Analytical Data: Notice of Statutory Deadline

Starting July 1, 2008, analytical data submitted to us that is related to permitting or remediation must be generated by a lab that our Texas Laboratory Accreditation Program has accredited under the NELAC standard for matrices, methods, and parameters of analysis, unless:

• The lab is an in-house lab and meets one of these criteria:
  • The lab performs work for its owner, for another company with a unit located on the same site, or without compensation for a governmental agency or charitable organization.
  • The lab is in another state and is accredited or inspected by that state.
• The lab is accredited under federal law.
• The data are needed for emergency-response activities and no TLAP-accredited lab is available.
• The lab supplies data for which we do not offer accreditation.

Starting July 1, 2008, we will accept analytical data for a permitting or remediation decision only if the data comply with all applicable rules for the regulatory program involved and:

• the lab generating the data is NELAC-accredited by TLAP,
• we have approved an exception as described above, or
• the data were generated on or before June 30, 2008.