37.12.313    RECIPROCITY

(1) The department may issue a license to an out-of-state laboratory to perform analyses for public drinking water systems in Montana provided that the laboratory:

(a) applies for licensure and is currently approved by the Environmental Protection Agency or the state in which the laboratory is located if that state has a certification program approved by EPA for laboratories analyzing water from public water supplies;

(b) the EPA or the state's certifying authority, whichever is appropriate, provides the department with a copy of the laboratory's current certification and most recent inspection report;

(c) the requirements for certification in the approving state are no less stringent than the requirements for resident laboratories in the state of Montana;

(d) the laboratory submits qualification information for all key personnel and provides the department with a current copy of the laboratory's quality assurance plan;

(e) the laboratory performs, analyzes, and successfully passes PE audits for analytes from sources approved by the department. The provider of the PE samples shall report results of the analyses directly to the department; and

(f) the laboratory complies with the notification requirements of ARM 37.12.324, 37.12.325, and 37.12.326.

(2) The department may license a laboratory that is accredited by the National Environmental Laboratory Accreditation Program (NELAP) if:

(a) it provides evidence of its accreditation and applies for licensure on that basis;

(b) it obtains approval from the department of the testing procedures for each analyte or interdependent analyte group and method and meets the approval requirements of this rule; and

(c) the methods are approved by EPA for drinking water analysis.

History: 50-1-202, MCA; IMP, 50-1-202, 75-6-106, MCA; NEW, 1999 MAR p. 291, Eff. 2/12/99; AMD, 2011 MAR p. 2286, Eff. 10/28/11.