1. (a) An environmental testing laboratory may apply for accreditation after the commission publishes notice in the Texas Register that the environmental testing laboratory accreditation program has met National Environmental Laboratory Accreditation Conference (NELAC) standards.

2. (b) 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.

3. (c) 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.
4. (d) Subsections (b) and (c) of this section apply only to environmental testing laboratory results prepared and submitted to the commission on or after the third anniversary of the date on which the commission publishes notice in the Texas Register that the commission's environmental laboratory testing program established under this chapter has met NELAC standards.

5. (e) Until subsection (d) of this section is effective, an environmental testing laboratory that provides analytical data used for a commission decision relating to the Safe Drinking Water Act (SDWA) must be:

   1. (1) accredited according to this subchapter and Subchapter B of this chapter (relating to Environmental Testing Laboratory Accreditation);
   2. (2) certified according to this subchapter and Subchapter C of this chapter (relating to Environmental Testing Laboratory Certification); or
   3. (3) certified by EPA.
6. (f) After subsection (d) of this section is effective, an environmental testing laboratory that provides analytical data used for a commission decision relating to the SDWA will no longer be certified and must be accredited according to this subchapter and Subchapter B of this chapter, unless the laboratory is certified by the EPA.

Source Note:The provisions of this §25.4 adopted to be effective September 12, 2002, 27 TexReg 8480.