Current through Register Vol. 56, No. 24, December 18, 2024
(a)
Modifications to DSAMs or new methods not included in DSAMs, Laboratory
Developed, and/or Non-Standard Methods are considered ATPs. A certified
environmental laboratory or laboratory holding temporary approval shall not use
such a modification or new Laboratory Developed and/or Non-Standard Method
unless the Department has approved it as an ATP and added it to the
laboratory's Annual Certified Parameter List. Any certified environmental
laboratory may apply to the Department for approval of an ATP, in accordance
with this section. The Department will not approve a proposed ATP unless it
meets the following requirements:
1. An ATP
proposed as a modification to a DSAM must achieve equal or improved precision,
accuracy, and method detection limits or quantitation limits as appropriate
when compared to the approved method for the specified parameters;
2. If the ATP is proposed as a new method
rather than as a modification to a DSAM, the laboratory must demonstrate that
the proposed ATP will achieve precision, accuracy, and method detection limits
or quantitation limits as appropriate, that are sufficient to meet the data
quality requirements of the regulatory program for which the ATP is to be used;
and
3. For methods that include
modifications to the determinative step, preservations, or pretreatment
procedures, the laboratory can obtain certification for a laboratory developed
and/or non-standard method option on its Annual Certified Parameter List as
long as the laboratory and its client agree to the use of the method for other
than the reporting of compliance data, or for use as specified in a Quality
Assurance Project Plan or other form of contracted analytical
services.
(b) The
Department may approve an ATP for a laboratory method that is driven by client
needs for limited use, or for limited use for a facility-specific request.
1. The Department may approve an ATP for
limited use by a certified environmental laboratory if the ATP is developed by
the environmental laboratory to improve the analysis of a specific parameter.
If the Department approves the ATP for limited use, it can be used only by the
certified environmental laboratory that receives the approval.
2. The Department may approve an ATP for
limited use by a certified environmental laboratory for a facility-specific
request. Facility-specific method requests are methods developed by an
environmental laboratory to meet unique analysis requirements of a particular
client facility when DSAMs are not applicable. Generally, these methods are
DSAMs modified for macro/micro analysis or matrix interferences. The
facility-specific ATP can be used only by the certified environmental
laboratory that receives the approval, and only for analyses performed for the
specified client facility.
(c) To apply for an ATP, the certified
environmental laboratory shall submit a letter of request to the Department,
including:
1. The name and address of the
certified environmental laboratory seeking the ATP approval;
2. The name of the Department program that
requires the parameter analysis;
3.
Applicable permit numbers or site identification numbers;
4. The name of each parameter and method for
which approval of the ATP is being requested;
5. Justification for using the ATP instead of
those methods included in DSAMs;
6.
A detailed description (standard operating procedure) of the proposed ATP,
including any references to published studies of the applicability of the ATP
to the effluents, source water, waste or matrices in question;
7. Precision, accuracy, and method detection
limits (MDLs) data or quantitation limits as appropriate in a reference matrix
for the proposed ATP. MDLs shall be determined as outlined in Appendix B of
Section 136 of 40 CFR;
8.
Precision, accuracy, and MDL data or quantitation limits as appropriate for the
parameter(s) of interest spiked into the actual matrices covered by the
method;
9. Comparability data
(precision, accuracy, MDLs, or quantitation limits) for the performance of the
proposed ATP versus that of a DSAM if the parameter(s) can be analyzed by the
DSAM; and
10. The ATP application
fee required under
N.J.A.C.
7:18-2.9.
(d) The Department shall evaluate
applications for ATP approvals in accordance with (a) above. The certified
environmental laboratory shall remit the ATP approval fee required under
N.J.A.C.
7:18-2.9 after the Department has accepted
the ATP for evaluation. The fee is applicable whether or not the ATP is
approved.