1. (a) An environmental testing laboratory must be accredited according to this chapter, except as provided in §25.6 of this title (relating to Conditions Under Which the Commission May Accept Analytical Data), if the laboratory provides analytical data which is used for a commission decision relating to a:

   1. (1) permit;
   2. (2) authorization;
   3. (3) compliance action;
   4. (4) enforcement action;
   5. (5) corrective action;
   6. (6) characterization of an environmental process or condition; or
   7. (7) assessment of an environmental process or condition.

2. (b) An in-house environmental testing laboratory is to be accredited if it provides analytical data to a third party and the data is used for a commission decision relating to a:

   1. (1) permit;
   2. (2) authorization;
   3. (3) compliance action;
   4. (4) enforcement action;
   5. (5) corrective action;
   6. (6) characterization of an environmental process or condition; or
   7. (7) assessment of an environmental process or condition.
3. (c) Subsections (a) and (b) of this section apply only to environmental testing laboratory results prepared and submitted to the commission on or after July 1, 2008.

4. (d) An environmental testing laboratory that provides analytical data used for a commission decision relating to the Safe Drinking Water Act must be:

   1. (1) accredited according to this subchapter and Subchapter B of this chapter (relating to Environmental Testing Laboratory Accreditation); or
   2. (2) certified by the United States Environmental Protection Agency.

Source Note:The provisions of this §25.4 adopted to be effective September 12, 2002, 27 TexReg 8480; amended to be effective October 7, 2010, 35 TexReg 8930.