Utah Admin. Code 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.
Notes
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