N.J. Admin. Code § 7:18-2.13

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:18-2.13 - Proficiency testing program

(a) A laboratory seeking certification for any parameter shall successfully complete the proficiency testing program described in (h) through (j) below for that parameter.

(b) To maintain certification, a certified environmental laboratory shall successfully complete proficiency testing pursuant to (h) through (j) below.

1. For all categories other than radiochemical testing, radon in water, and radon/radon progeny-in-air:

i. Each certified laboratory shall obtain and analyze PT samples from a Department-approved PT sample provider within the timeframe and in accordance with the schedule that the Department establishes. A Department-approved PT sample provider is one that is accredited by a proficiency test provider accreditor that meets the TNI requirements. The Department will announce at least two pre-determined timeframes a year for the required parameters within a matrix. All laboratories certified for that parameter (including indicator parameters) shall participate in at least one proficiency test study each year per matrix in accordance with the predetermined schedule. If a laboratory fails to successfully complete a proficiency test study, it shall participate in another proficiency test study within the Department's prescribed timeframe;

ii. Upon the Department's request, a particular laboratory shall participate in proficiency tests in addition to the test or tests under (b)1 above. The Department may make such a request based upon information indicating that the laboratory's analyses for the parameter in question do not meet the requirements of this chapter; and

iii. A laboratory shall not be required to participate in more than two proficiency tests pursuant to (b)1i and ii above in a certification year.

2. For radiochemical testing, a laboratory shall acceptably analyze one PT sample obtained from a Department-approved PT sample provider within the prescribed timeframe and schedule designated by the Department per year.

3. For radon in water, a laboratory shall acceptably analyze all required PT samples, obtained from a Department-approved PT sample provider within the prescribed timeframe and schedule designated by the Department, not to exceed four samples per year, at such time as radon in water PT samples are available.

4. For radon/radon progeny-in-air, a laboratory shall not be required to participate in more than four proficiency tests in a certification year.

(c) Proficiency testing for a specific parameter or group thereof in a particular Category is not required if the Department determines that PT samples are unavailable.

(d) Except as provided in (e) through (g) below, the Department-approved PT sample provider shall distribute PT samples or make them available, at times and frequencies that the Department determines are necessary for effective administration of proficiency testing. 7:18-2.9(g)provides for the Department to be reimbursed if it purchases PT samples to send to a laboratory for use in the proficiency testing program.

(e) A laboratory shall obtain PT samples for the determination of radioactivity and radionuclide parameters in water from a Department-approved PT sample provider within the prescribed timeframe and schedule designated by the OQA.

(f) A laboratory shall obtain PT samples for the determination of radon in water from a Department-approved PT sample provider within the prescribed timeframe and schedule designated by the OQA, at such time as radon in water PT samples are available.

(g) A laboratory shall obtain PT samples for the determination of radon/radon progeny-in-air from the USEPA's Radon Measurement Program or from a Department-approved PT sample provider.

(h) A laboratory participating in the proficiency testing program shall perform the following tasks:

1. Receive, examine, and analyze PT samples according to instructions;

2. Maintain all records of PT testing results;

3. For all Categories, except radiochemical testing, radon in water, and radon/radon progeny-in-air, request that the approved PT sample provider submit results of PT testing to the Department for evaluation in accordance with the Department's instructions;

4. For radiochemical testing, radon in water, and radon/radon progeny-in-air Categories, submit results of PT testing in accordance with the directions of the USEPA or the authorized proficiency testing program; and

5. For radon/radon progeny-in-air, request that the approved PT sample provider submit evaluated radon measurement proficiency results to the Department.

(i) The specific requirements for the proficiency testing program are set forth below in this subsection.

1. For a laboratory seeking certification in any Category other than radiochemical testing, radon in water, or radon/radon progeny-in-air:

i. A laboratory that has participated in a PT study conducted by a Department-approved PT sample provider for the Drinking Water, Non-Potable Water, Air and Emissions, and/or Solid and Chemical Materials Proficiency Testing Program during the immediate preceding 12 months may submit, for the Department's evaluation, the results for the parameters for which it is applying in the Department's Drinking Water, Non-Potable Water, Air and Emissions, and/or Solid and Chemical Materials Programs. Otherwise, the conditions of (i)1ii below apply; and

ii. A laboratory seeking certification in a specific parameter or group thereof under a particular Category shall acceptably analyze a PT sample obtained from a Department-approved PT sample provider. The laboratory shall have two separate opportunities to acceptably analyze PT samples for each parameter. If the laboratory fails in both opportunities to acceptably analyze PT samples for a parameter, the Department shall deny the application for certification. The laboratory may reapply for certification in that parameter.

2. For a laboratory seeking certification in radiochemistry, radioactivity and radionuclide testing, or radon/radon progeny-in-air:

i. For analysis of radiochemical parameters in water, the laboratory shall have acceptably analyzed a PT study conducted by a Department-approved PT sample provider within the preceding 12 months. If PT samples are unavailable for the required parameters, then results for two cross-check samples that are within the control limits established for each parameter in which certification is sought shall be submitted to the Department for evaluation;

ii. For analysis of radon in drinking water and non-potable water samples, the laboratory shall have a Department-approved PT sample provider submit final PT reports indicating that during the applicant's participation in the most recent Radon Intercomparison Study, at least one PT sample or two cross-check samples were within the established control limits within the preceding 12 months; and

iii. For analysis of radon/radon progeny-in-air, the laboratory shall have a Department-approved PT sample provider submit final PT reports showing passage of a Department-approved PT study. The PT study administered shall have been performed within the past 12 months and obtained from a Department-approved PT sample provider. The laboratory shall pass a test for each measurement device/technique for which certification is desired, prior to applying for certification.

3. For certified environmental laboratories:

i. For all Categories, except radiochemical testing, radon in water, and radon/radon progeny-in-air, the Department shall notify the laboratory, in writing by certified mail or other means that provides proof of delivery, of the specific timeframe within which laboratories are required to analyze the PT samples, the due date by which the final PT study results are to be submitted to the Department by the PT sample provider, a list of Department-approved PT sample providers, and the list of parameters required for analysis within the applicable matrix.

ii. In connection with a proficiency test announced under (i)3i above, if a laboratory does not meet the deadlines or comply with any requirement set forth in the announcement notice, the laboratory's PT study results shall be considered unacceptable and an additional PT sample shall be analyzed as directed by the Department;

iii. For the Radiochemical Categories not included in the Department's pre-determined schedule, the scheduling and requirements for the proficiency test are as established by the Department-approved PT sample provider. For the Radon/Radon Progeny-in-Air Categories, the laboratory shall contact the OQA to obtain a list of exposure facilities approved for the Department's authorized radon/radon progeny-in-air proficiency testing program. The laboratory shall arrange with the exposure facility to schedule an exposure period for the laboratory's test devices;

iv. During a proficiency test, if a laboratory decides to drop any parameter pursuant to 7:18-2.15(a), it shall notify the Department before the final date for submission of results. Otherwise, the laboratory shall report results for all analyses for which it was certified at the time of the proficiency test announcement;

v. The Department shall consider the results of each proficiency test in determining whether the certification of a laboratory should be maintained or suspended;

vi. The Department may require a laboratory to analyze additional PT samples beyond what is required under (i)3i above, if information available to the Department indicates that the laboratory is failing to acceptably analyze samples;

vii. Upon request of any person using or requesting the services of a certified environmental laboratory, the laboratory shall make available all results of the past 12 months' proficiency testing; and

viii. Upon a laboratory's receipt of unacceptable results for a PT study, the laboratory shall investigate the cause for the failure and implement any necessary corrective action. This corrective action shall be documented immediately. Documentation shall be maintained and made available to the Department upon request.

(j) For all drinking water, non-potable water, air and/or emissions, solid and chemical materials, and radon/radon progeny-in-air parameters tested using Department-approved PT studies, the reported values must fall within the acceptance limits established by the PT sample provider for a given PT sample, except:

1. For the radon/radon progeny-in-air measurement proficiency program, the criterion used in evaluating the radon measurement test results requires that the value of the individual relative error (IRE) of radon measurement not exceed 25 percent.

N.J. Admin. Code § 7:18-2.13

Amended by 47 N.J.R. 782(a), effective 4/20/2015.