From:  Charles N. Dyer

 Date: November 12, 1999

   Re:   New Rules Adopted
           Year 2000 Applications 
           Performance Evaluation Studies

On October 18, 1999 Env-C 300 was readopted with many changes, making the rules consistent with RSA 485: 44, 46, and 47 which were readopted in August 1998 and the 1999 NELAC standards.  A copy of these are included with this newsletter.  The New Hampshire Environmental Laboratory Accreditation Program (NH ELAP) is now compliant with the NELAC standards.  Although the rules are now in effect, they cannot be fully implemented until July 1, 2000 when the first round of laboratories receiving NELAP accreditation are formally recognized.  The following are some major changes:
 

1. The Program will be based on the NELAC standards instead of the Manual for the Certification of Laboratories Analyzing Drinking Water. 
3. The non-refundable fee required with all applications has changed from $100 to:

(1) A $100 base fee;

(2) In addition to the base fee, the non-refundable fee also includes the amount(s) in Table 300-1 below:    

3) Except as allowed by Env-C 302.03, out-of-state laboratories will need to apply to New Hampshire as a secondary accrediting authority.  Since this is not possible until July 1, 2000 when the first class of NELAP accredited laboratories are announced, out-of-state laboratories may reapply without having a primary accrediting authority.  These laboratories will receive a New Hampshire certificate similar to what has been issued in the past.  These certificates may not be used to state or imply that the laboratory has been granted NELAP accreditation by NH ELAP.  Because of this, New Hampshire based laboratories are not required to be in the first round, but must apply for NELAP accreditation upon renewal of their certificate if the expiration date is after July 1.   The certificate issued during this transition period shall not be used to state or imply NELAC/NELAP accreditation. Env-C 302.07 and Env-C 310.03 (a) (5) about misrepresentation of your NH certification should be reviewed.  After July 1, an out-of-state laboratory can apply to NH ELAP for secondary accreditation.  The expiration date of the secondary accreditation will be the expiration date of the certificate in affect at the time of applying without paying an additional non-refundable fee.  Upon renewal, the expiration date will be the expiration date of the certificate issued by the primary accrediting authority. 

 4) Performance evaluation studies will be handled differently.  Certification/accreditation will be granted for those analyses for which the laboratory has successfully analyzed on two out of the last three studies.  The 80% rule for Organics and metals analyses will no longer apply to certificates issued after July 1, 2000.  All certificates will list the approved analyses on a matrix-analyte-method basis after that date.  Additional information about PE studies can be found later in this newsletter.

During this transition period, in-state laboratories and out-of-state laboratories with an expiration date before July 1, 2000 will receive an application for renewal, similar to the one that you have received in the past, about one month before your current certificate expires.  Laboratories with an expiration date after July 1, 2000 requiring an on-site assessment by NH ELAP will receive an application about 7 months prior to the expiration date of their current certificate.  The laboratory will have about two months to submit the application to NH ELAP.  The on-site assessment will be scheduled for about 2 months after the application is due and about 3 months before the current certificate expires.   This amount of time is required for NH ELAP to process the application and conduct the on-site assessment and for the laboratory to respond to the assessment report before the current certificate expires.  Laboratories not requiring an on-site assessment by NH ELAP will receive an application form for renewal about one month before the current certificate expires.  MDL studies and quality systems manuals are no longer required with the application from out-of-state laboratories.

As stated in previous newsletters, PE results for 1999 were to be submitted to this office between  October 1 and October 31, 1999 even if they were submitted prior to October 1.  If they were not submitted between those dates, you must get them to me before November 18th.  I am planning to evaluate those studies on November 18-19th.  

Env-C 300 now requires performance evaluation studies twice a year.  Drinking water studies are required for microbiology and chemistry in February and August; wastewater studies are required in May and November.  The November wastewater study for 1999 will be waived since there is not enough time for laboratories to plan and make arrangements for the study.  If an out-of-state laboratory is required to submit results on a different schedule by their host state, the laboratory may request in writing a different schedule as long as the study is done between January 1, 2000 and June 30, 2000.  The results of any study analyzed by the laboratory after October 25, 1999 must be provided by one of the NIST approved providers.