Title: Section 55-2.9 - Recognition of other state regulatory programs

Effective Date

11/17/2004

55-2.9 Recognition of other state regulatory programs.

(a) An environmental laboratory located in another state may request that the department recognize, for purposes of a New York State certificate of approval, that the requirements of this Subpart for on-site assessment, technical direction, quality systems and/or proficiency testing have been met by the laboratory’s participation in another state’s environmental laboratory approval program. The department may recognize one or more of such requirements as met by participation in another state’s program, provided:

(1) the legal, technical and record keeping requirements of the state regulatory program in which the laboratory is participating are determined by the department to meet or exceed New York State’s requirements;

(2) the laboratory demonstrates good standing in the other state’s program, including successful completion of an on-site assessment and satisfactory performance in required proficiency testing, and documents such good standing to the department;

(3) the laboratory submits to the department a completed application for approval;

(4) the laboratory pays all applicable fees required by Subpart 55-3 of this Part;

(5) the laboratory pays any costs incurred by department representatives traveling outside New York State to perform an on-site assessment pursuant to this Subpart; and

(6) the technical director(s) meet(s) the requirements of section 55-2.10 of this Subpart.

(b) The department may enter into agreements with other state agencies or programs to assist the department in assessing an environmental laboratory’s performance or in determining whether another state’s program meets or exceeds the department’s requirements.

(c) Notwithstanding another state program's equivalency to the department’s program, the department may require an environmental laboratory to participate in the department’s proficiency testing program, on-site assessment, and/or similar evaluations to ensure the laboratory’s full compliance with New York State statutes, regulations and standards for laboratories approved pursuant to this Subpart.

Volume

VOLUME A-1 (Title 10)

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