No. 29549: R444-14. Rule for the Certification of Environmental Laboratories

DAR File No.: 29549
Filed: 02/26/2007, 11:03
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 26-1-30(2)(m) charges the Department of Health to set and enforce standards for laboratory services

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

This rule has been through rulemaking three times since the last notice of continuation. There were two comments received during this time from the same individual recommending a parallel certification process for small laboratories.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is the basis of the environmental laboratory certification program for Utah. This certification must continue for Utah to maintain its primacy status with the Unites States Environmental Protection Agency (EPA). Historically, this certification program had a two-tiered certification process for labs based on scope and complexity of work. The differences were found in the personnel requirements only. The National Environmental Protection Agency (NELAC) standards also allow for varying personnel requirements based on scope and complexity of testing. All facilities are held to the same standard for all other Quality Systems requirements. The "smaller" laboratories have been able to stay in compliance with the standard. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Epidemiology and Laboratory Services, Laboratory Improvement
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

David Mendenhall at the above address, by phone at 801-584-8470, by FAX at 801-584-8501, or by Internet E-mail at [e-mail]

Authorized by:

David N. Sundwall, Executive Director