R315-260-21. Petitions for Equivalent Testing or Analytical Methods

  (a) Any person seeking to add a testing or analytical method to Rules R315-261, R315-264, or R315-265 may petition for a regulatory amendment under Section R315-260-21 and Section R315-260-20. To be successful, the person shall demonstrate to the satisfaction of the Board that the proposed method is equal to or superior to the corresponding method prescribed in Rules R315-261, R315-264, or R315-265, in terms of its sensitivity, accuracy, and precision, i.e., reproducibility.

  (b) Each petition shall include, in addition to the information required by Section R315-260-20:

  (1) A full description of the proposed method, including all procedural steps and equipment used in the method;

  (2) A description of the types of wastes or waste matrices for which the proposed method may be used;

  (3) Comparative results obtained from using the proposed method with those obtained from using the relevant or corresponding methods prescribed in Rules R315-261, R315-264, or R315-265;

  (4) An assessment of any factors which may interfere with, or limit the use of, the proposed method; and

  (5) A description of the quality control procedures necessary to ensure the sensitivity, accuracy and precision of the proposed method.

  (c) After receiving a petition for an equivalent method, the Board may request any additional information on the proposed method which the Board may reasonably require to evaluate the method.

  (d) If the Board amends the rules to permit use of a new testing method, the method shall be incorporated by reference in Section R315-260-11.

  (e) Petitioner may, alternatively, proceed under the provisions of 40 CFR 260.21 to have an alternative analytical method approved by EPA. In the event approval is granted, the petitioner shall so notify the Board and the Director and the decision of EPA shall be binding upon the Board and the Director.