W. Va. Code R. § 47-32-2

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-32-2 - Definitions

The following words and terms, when used in this rule have the following meanings unless the context clearly indicates otherwise.

2.1. "Accredited" means an approval conferred upon institutions or programs where appropriate by a nationally recognized accrediting agency or association as determined by the Department.

2.2. "Accuracy" means the closeness of agreement between an observed value and the accepted reference value. Accuracy is best determined through the analysis of a sample spiked with a known concentration of target analytes and this value compared to an unspiked aliquot.

2.3. "Analyte" means an element, ion, isotope, compound, or component of interest to the analyst.

2.4. "Analytical Reagent Grade" (AR), "ACS reagent grade", and "Reagent Grade" are synonymous terms for reagents which conform to the current specifications of the Committee on Analytical Reagents of the American Chemical Society.

2.5. "Analyst" means the individual who performs the analytical methods and associated techniques and who is responsible for applying the required laboratory practices and quality controls to meet the required level of quality.

2.6. "APHA Standard Methods" or "Standard Methods for the Examination of Water and Wastewater" means the methods published by the American Public Health Association, 1015 Fifteenth Street NW, Washington, DC 20005.

2.7. "Approved analytical methods" are those analytical or test methods cited in the Code of Federal Regulations as being approved by EPA or such other methods as shall be approved by the Secretary.

2.8. "Batch" means the environmental samples that are prepared or analyzed together using the same procedures, personnel, lots of reagents, and standards.

2.9. "Batch, Analytical" means a batch composed of prepared environmental samples that are analyzed together as a group. An analytical batch may contain samples originating from various environmental matrices and can exceed 20 samples.

2.10. "Batch, Preparation" means a batch composed of 1 to 20 environmental samples of the same matrix with a maximum time between the start of processing of the first and last sample in the batch to be 24 hours.

2.11. "Cancellation" means the voluntary removal of a previously certified laboratory from the laboratory certification program.

2.12. "Category" means a group of parameters for which certification is offered.

2.13. "Certification" means the approval granted by the Secretary authorizing a laboratory to provide environmental compliance data.

2.14. "Certification parameter" means a parameter that is identified in a proficiency test sample and that is used to evaluate the overall analytical performance of a laboratory on the specific method.

2.15. "Certification year" is that period of time following the date upon which the laboratory first receives certification for any parameter or category and lasting for 365 consecutive days.

2.16. "Certified thermometer" is a thermometer that has documentation from the manufacturer showing that it has been compared against a National Institute for Standards Testing (NIST) thermometer covering the temperature ranges employed by the laboratory.

2.17. "CFR" means the Code of Federal Regulations.

2.18. "Compliance analysis" means the analysis of a sample that is required to be analyzed by a Department rule, permit or order.

2.19. "Covered statutory programs" means one of the regulatory programs developed under statutory authority of one of the following acts of the Legislature:

2.19.1. Water Pollution Control Act, W. Va. Code § 22-11-1.

2.19.2. Hazardous Waste Management Act, W. Va. Code § 22-18-1.

2.19.3. Hazardous Waste Emergency Response Fund Act, W. Va. Code § 22-19-1.

2.19.4. Underground Storage Tank Act, W. Va. Code § 22-17-1.

2.19.5. Solid Waste Management Act, W. Va. Code § 22-15-1.

2.19.6. Groundwater Protection Act, W. Va. Code § 22-12-1.

2.20. "Deficiency" means a deviation from acceptable procedures or practices.

2.21. "Department" means the West Virginia Department of Environmental Protection.

2.22. "EPA" and "USEPA" means the United States Environmental Protection Agency.

2.23. "Laboratory" means a facility conducting tests or analyses of parameters for which certification is required, where the results of such tests or analyses are used for purposes of demonstrating compliance under the covered statutory programs. Provided; The term "laboratory" shall not include individuals conducting analyses of constituents that must be conducted in the field because of practical constraints; such as, but not limited to pH, dissolved oxygen, total residual chlorine and sulfide.

2.24. "Laboratory pure water" means distilled or deionized water which is free of contaminants that interfere with analytical tests.

2.25. "Laboratory seeking certification" means an uncertified laboratory which has submitted an acceptable application and the appropriate fee.

2.26. "List of certified parameters" means the document displaying the categories and parameters for which a laboratory is certified.

2.27. "Matrix or matrices" means the media of an environmental sample, either non-potable water or solid and chemical materials.

2.28. "Method" means the scientific technique used to perform testing or analyses of an environmental sample.

2.29. "Mobile laboratory" means a portable enclosed structure within which testing or analyses of environmental samples occurs.

2.30. "NPDES" means National Pollutant Discharge Elimination System.

2.31. "Nonpotable water" means wastewater, ambient water, surface water, groundwater, effluents, water treatment chemicals, and toxicity characteristic leaching procedure or other extracts.

2.32. "Parameter" means an analytical method or test within a category and for which certification is offered.

2.33. "Proficiency test sample" means a sample containing a known amount of a specific or combination of parameters used in part to evaluate the performance of a laboratory.

2.34. "Person, Persons, or applicant" means any industrial user, public or private corporation, institution, association, firm or company organized or existing under the laws of this or any other state or country; state of West Virginia; governmental agency, including federal facilities; political subdivision; county commission; municipal corporation; industry; sanitary district; public service district; drainage district; soil conservation district; watershed improvement district; partnership; trust; estate; person or individual; group of persons or individuals acting individually or as a group; or any legal entity whatever.

2.35. "Personal and direct supervision" means that a supervisor is available either in person or on call at all times when laboratory procedures are being performed.

2.36. "Precision" means the agreement among a set of measurements performed on duplicate samples without assumption of knowledge of the true value. Precision is estimated by means of duplicate/replicate analyses.

2.37. "Quality Assurance Program" means a program developed to achieve the purposes of subsection 1.7 for the covered statutory programs of the Department.

2.38. "Quality Manual" means the document stating, or making reference to the policies, objectives, principles, responsibilities, accountability, implementation plans, methods, operation procedures, or other documents of an environmental laboratory for ensuring the quality of its testing analyses.

2.39. "Raw Data" means that data acquired in the process of collecting and analyzing samples for compliance testing purposes. Raw data includes such sampling report forms, sample log books, laboratory bench sheets, calculations and formulas, and analytical data and notes as are used during sample analysis. Raw data may be in the form of graphs, line recorder charts, handwritten data, or computer printouts made at or near the time of the analysis or sample collection.

2.40. "Revocation of certification" means the action taken by the Department to halt the certification of a laboratory for cause.

2.41. "Sample Duplicate" means a sample prepared by dividing a homogeneous sample into separate parts so that each part is also homogeneous and representative of the original sample.

2.42. "Secretary" means the Secretary of the West Virginia Department of Environmental Protection or his or her designee.

2.43. "Solid and Chemical Materials" means soils, sediments, sludges, solid waste, drill cuttings, overburden, minerals, coal ash, and products and by-products of an industrial process that result in a matrix that is not otherwise defined.

2.44. "Standard Operating Procedure" means a written document that provides detailed instructions for the performance of all aspects of test analyses, operation, or action.

2.45. "Suspension of certification" means the temporary removal of approval to perform analyses under this rule until such time as the basis for suspension is rectified.

2.46. "Supervisor" means that designated person responsible for the technical adequacy and quality of data for a certification category, and who possesses the qualifications required under subsection 3.7.

W. Va. Code R. § 47-32-2