Chapter 3745-89 | Laboratory Approval

Rule 3745-89-01 | Laboratory certification definitions.

• Effective: October 26, 2020
• Promulgated Under: 119.03

Except as follows, the definitions of "director," "gross alpha particle activity," "gross beta particle activity," "total trihalomethanes," and all other terms defined in rules 3745-81-01 and 3745-90-01 of the Administrative Code shall apply to this chapter.

(A)

(1) "Acceptance of certification" means a document identifying a specific laboratory to perform specific drinking water analyses based on their compliance with rule 3745-89-12 of the Administrative Code.

(2) "Analyte" means a substance which is undergoing analysis. Analyte may be identified as, but is not limited to the following: contaminant, cyanotoxin, disinfectant, disinfectant residual, disinfection by product, haloacetic acid, inorganic chemical, metal, microbial contaminant, organic chemical, parameter, particle, operational requirement testing as prescribed in rule 3745-83-01 of the Administrative Code, radionuclide, trace metal, volatile organic chemical or water quality parameters as prescribed in rule 3745-81-87 of the Administrative Code.

(B) [Reserved.]

(C)

(1) "Certificate" means a document identifying an individual approved to perform specific drinking water analyses at a specific laboratory. The certificate indicates the effective period and is non-transferable to another laboratory or another analyst.

(2) "Certificate of Accreditation" means a certificate issued by an environmental laboratory accreditation program for the analysis of environmental samples to a laboratory demonstrating compliance to a set of standards.

(D) [Reserved.]

(E) [Reserved.]

(F) "Fields of Accreditation" means the categories identified on a certificate of accreditation for which a laboratory has demonstrated compliance with a set of standards determined by the accrediting program issuing the certificate for the examination of environmental samples. These categories may be identified as, but not limited to the following: "Drinking Water, Non-Potable Water or Solid and Chemical Materials."

(G) [Reserved.]

(H) [Reserved.]

(I)

(1) "Interim authorization for plant control tests or MMO-MUG (SM 9223 B)" means granting an analyst operational approval to conduct certain plant control tests for those parameters defined in rule 3745-89-09 of the Administrative Code pending an on-site survey approval.

(2) "Interim authorization for new contaminants and new methods" means granting a laboratory certification to perform drinking water analyses using new methods or for new contaminants pending implementation of new or amended regulations.

(J) [Reserved.]

(K) [Reserved.]

(L) [Reserved.]

(M)

(1) "Media" means nutrient and mineral complexes used in the growth and identification of microorganisms.

(2) "Method detection limit" or "MDL" means either the minimum measured concentration of a substance that can be reported with ninety-nine per cent confidence that the measured concentration is distinguishable from method blank results, or, for analyses performed in accordance with Chapter 3745-90 of the Administrative Code, the minimum concentration of a substance that can be measured and reported with ninety-nine per cent confidence that the analyte concentration is greater than zero and is determined from analysis of a sample in a given matrix containing the analyte.

(N) [Reserved.]

(O)

(1) "Operational certification" means certification granted by the director for an analyst to perform one or more of the plant control tests for alkalinity, alkalinity stability, chloride, chlorine, chlorite, chlorine dioxide, fluoride, hardness, pH, or turbidity, including daily calibration and standardization, but neither including the preparation of standards or reagents nor the required monthly or quarterly calibration and standardization; or for an analyst to perform MMO-MUG (SM 9223 B) and Quanti-Tray (SM 9223 B), limited to set up and interpretation of samples, including positive and negative controls..

(2) "On-site survey" means a scheduled or unannounced on-location evaluation and review of a laboratory and its personnel to determine compliance with this chapter.

(P)

(1) "Plant control test" means measurement of any or all of the following parameters that are used to monitor or control drinking water plant treatment processes: alkalinity; alkalinity stability; chloride, chlorine, chlorite, chlorine dioxide and other disinfectants; fluoride; hardness; pH; total phosphorus; total dissolved solids; turbidity; copper; iron; manganese; and nitrate.

(2) "Proficiency test" (PT) means a sample or a group of samples provided to a laboratory by an approved provider of the national environmental laboratory accreditation program (NELAP), used for the purpose of determining the ability of a laboratory and its analysts to successfully perform analyses within acceptable limits specified by the United States environmental protection agency. The director may designate other acceptable providers of proficiency test samples for analysis to meet this requirement.

(Q) [Reserved.]

(R) "Reporting limit" means the numerical value at and above which a laboratory is required to quantify a contaminant.

(S)

(1) "Standard operating procedure" or "SOP" means a document written by a laboratory that details the prescribed techniques and steps necessary for the performance of a specific method by that laboratory.

(2) "State Principal Laboratory" means the laboratory designated by the director as required by the United States environmental protection agency under 40 C.F.R. 142.10 (10/13/2005 edition) and certified by the United States environmental protection agency.

(3) "Subcontract" means an arrangement whereby a laboratory or facility obtains drinking water samples from a public water system and directly provides the samples to a laboratory that is certified to perform the required analyses.

(T) [Reserved.]

(U) "Unacceptable data" means data that does not meet quality control acceptance limits referenced in each approved analytical method or as referenced in the "Ohio EPA Laboratory Manual for the Microbiological Analyses of Public Drinking Water 2020" and the "Ohio EPA Laboratory Manual for the Chemical Analyses of Public Drinking Water 2020."

(V) "Violation" means any non-compliance with laboratory certification requirements, which cover the physical facility, testing equipment, analytical method, reporting, and all quality control requirements whether they are in the method, the laboratory certification manuals for chemical and microbiological analyses of public drinking water or Chapter 6109. of the Revised Code, and rules adopted thereunder.

(W) [Reserved.]

Supplemental Information

Authorized By: 6109.03, 6109.04
Amplifies: 6109.03, 6109.04, 3745.50
Five Year Review Date: 10/26/2025
Prior Effective Dates: 11/26/1980, 4/1/1999, 5/4/2015, 6/1/2016

Rule 3745-89-02 | Analyses requiring laboratory certification.

• Effective: October 26, 2020
• Promulgated Under: 119.03

For the purpose of determining compliance with Chapters 3745-81, 3745-82 and 3745-90, and rules 3745-91-06 and 3745-9-09 of the Administrative Code, and as specified by paragraph (B) of rule 3745-83-01 of the Administrative Code, including plant control tests but excluding water quality parameter determinations, or for other analyses required by the director, only those analyses may be acceptable to the director that are performed in one of the following facilities:

(A) A laboratory located in the state of Ohio and holding a valid and unexpired laboratory certification under this chapter, and by an individual conducting analyses as designated on the laboratory certificate.

(B) "The State Principal Laboratory."

(C) With the exception of those analytes required in Chapter 3745-90 of the Administrative Code, a laboratory certified by the United States environmental protection agency (USEPA), the national environmental laboratory accreditation program (NELAP), or by another environmental laboratory accreditation program for the field of accreditation of drinking water may be acceptable to the director to perform required analyses for drinking water analytes.

(D) With the exception of analytes required in Chapter 3745-90 of the Administrative Code, an out of state laboratory may be accepted to analyze drinking water samples by meeting the analytical and reporting requirements of this chapter in order for those analyses to be acceptable to the director but only if any of the following conditions apply.

(1) For those analytes and during those times for which no Ohio laboratory is certified under this chapter of the Administrative Code for the analyses.

(2) During those times when the director determines there is insufficient laboratory capacity.

(3) For analytes which Ohio has determined not to certify laboratories.

(4) For samples collected from a public water system located outside the state of Ohio which provides water to a consecutive water system located in the state of Ohio.

(E) Laboratories identified in paragraphs (C) and (D) of this rule requesting initial acceptance of certification shall follow the requirements set forth in rule 3745-89-12 of the Administrative Code.

Supplemental Information

Authorized By: 6109.03, 6109.04, 6109.12
Amplifies: 6109.03, 6109.04, 6109.12, 3745.50
Five Year Review Date: 10/26/2025
Prior Effective Dates: 4/9/1990, 5/4/2015

Rule 3745-89-03 | Procedure for laboratory certification.

• Effective: October 26, 2020
• Promulgated Under: 119.03

(A) General requirements. Laboratories applying for certification to perform analyses to determine compliance with Chapters 3745-81, 3745-82 and 3745-90, and rules 3745-91-06 and 3745-9-09, and as specified by paragraph (B) of rule 3745-83-01 of the Administrative Code, and with plant control tests for one or more public water systems, shall meet the following:

(1) The laboratory shall submit, for approval by the director, a detailed laboratory plan which includes the following:

(a) The analyses for which certification is sought and the number of individuals proposed to perform each analysis.

(b) Plans meeting the facility requirements as defined in the "Ohio EPA Laboratory Manual for the Microbiological Analyses of Public Drinking Water 2020" and the "Ohio EPA Laboratory Manual for the Chemical Analyses of Public Drinking Water 2020."

(c) The equipment proposed to be used in the laboratory, including specifications or names, descriptions, manufacturers, and model numbers for each type of equipment.

(d) The inventory of standards, reagents and media to be used in analyses for which certification is sought.

(2) The laboratory shall submit a quality assurance plan acceptable to the director when certification is sought for drinking water analysis. The "Ohio EPA Laboratory Manual for the Microbiological Analyses of Public Drinking Water 2020" and the "Ohio EPA Laboratory Manual for the Chemical Analyses of Public Drinking Water 2020" may be used by laboratories seeking certification for plant control and microbiological testing. Otherwise, an acceptable quality assurance plan shall be developed by the laboratory as described in the United States environmental protection agency's "Manual for the Certification of Laboratories Analyzing Drinking Water" fifth edition, dated January 2005 (designated "EPA 815-R-05-004"), as supplemented in both June 2008 (designated "EPA 815-F-08-006") and November 2012 (designated "EPA 815-F-12-006") by "the United States Environmental Protection Agency, Office of Ground Water and Drinking Water, Cincinnati, OH 45268." The quality assurance plan shall include at least the following parts:

(a) Table of laboratory organization which delineates the responsibilities of all laboratory personnel associated with drinking water analyses and designates the individuals responsible for quality assurance of drinking water analyses in the laboratory.

(b) Standard operating procedures including identification of the reference methods used to perform the drinking water analyses approved by the United States environmental protection agency.

(c) Sample handling procedures, including the following:

(i) Instructions for maintaining the integrity of the samples by tracking samples from collection to receipt, and testing to disposal.

(ii) Instructions for sample preservation, dechlorination, etc. as required by the reference method and the documentation used by the laboratory to verify that proper sample treatment is done.

(iii) Instructions to ensure that adequate sample information is obtained to allow the proper analysis and reporting of results.

(iv) Chain of custody forms, where applicable.

(v) Instructions for rejecting samples that do not meet shipping requirements, required reporting information, holding time or preservation requirements and instructions for notifying a public water system which submitted a sample that is rejected for failing to meet minimum requirements.

(d) Routine practices to maintain the precision and accuracy of data as specified by the director or required by each method of analysis.

(e) Corrective action procedures taken when unacceptable results are obtained from the analysis of performance evaluation samples or quality control checks.

(f) Preventive maintenance procedures including directions and scheduling for instrumentation servicing.

(g) Documentation of the preparation and expiration of drinking water standards and reagents.

(h) Reporting procedures including directions followed to ensure that reporting is completed as specified in rule 3745-89-08 of the Administrative Code.

(3) The laboratory shall submit to the director an application for certification for drinking water analyses required of public water systems, on a form provided by the director. The application shall include the following parts:

(a) The name, address and telephone number of the laboratory and of the individuals responsible for the laboratory.

(b) A list of analyses for which certification is sought. This list shall designate which analytical methods in rule 3745-81-27 or 3745-90-04 of the Administrative Code shall be used for each analysis and shall include the name of each individual who shall perform each analysis.

(c) Documentation that the laboratory plan in paragraph (A)(1) of this rule has been accepted by the director.

(d) Documentation that the laboratory has obtained acceptable results described in paragraph (B) of this rule for analyses performed on all appropriate proficiency test samples provided by a proficiency testing provider accredited by a provider of PT samples accredited by a proficiency testing provider accreditor meeting the "National Environmental Laboratory Accreditation Program requirement (NELAP)", and documentation that proficiency test samples were analyzed at least annually for every contaminant by each method for which the laboratory desires certification. The director may designate other acceptable providers of proficiency test samples for analyses to meet this requirement.

(e) Payment of the appropriate laboratory survey fee established in accordance with section 3745.11 of the Revised Code. Fees for these surveys shall be paid via a method acceptable to the director. For the purposes of this rule, fees are as follows:

(i) The "organic chemicals" fee covers all surveys necessary to obtain laboratory certification for the analysis of drinking water for either of the following:

(a) Total trihalomethanes, haloacetic acids, or volatile organic chemicals.

(b) Pesticides and other organic chemicals.

(ii) The "trace metals" fee covers all surveys necessary to obtain laboratory certification for the analysis of drinking water for all metals identified by the United States environmental protection agency as primary contaminants, secondary contaminants and contaminants with action levels.

(iii) The "standard chemistry" fee covers all surveys necessary to obtain laboratory certification for the analysis of drinking water for bromate, chlorite, cyanide, fluoride, nitrate, nitrate-nitrite, nitrite, orthophosphate, total phosphorus, sulfate, total dissolved solids and plant control tests.

(iv) The "limited chemistry" fee covers all surveys necessary to obtain laboratory certification for the analysis of drinking water for the following:

(a) Any three of the analyses included in standard chemistry.

(b) Any two of the analyses included in trace metals.

(c) Asbestos.

(d) Radioactivity and radioactive chemicals.

(e) Beginning one year from the effective date of this rule, total microcystins and cyanobacteria screening.

(v) The "microbiological" fee covers all surveys necessary to obtain laboratory certification for the analysis of drinking water for one of the following:

(a) MMO-MUG (Colilert or Colisure).

(b) Membrane filtration (MF).

(c) Most probable number (MPN) by MMO-MUG and MF.

(4) The director shall return any application which is not filed in accordance with paragraph (A)(3) of this rule.

(5) Upon the laboratory's successful completion of the requirements of paragraphs (A)(1), (A)(2) and (A)(3) of this rule, the laboratory shall demonstrate acceptable levels of performance during the initial and subsequent on-site surveys, including the following:

(a) Conformance by the laboratory to the "Ohio EPA Laboratory Manual for the Microbiological Analyses of Public Drinking Water 2020" and the "Ohio EPA Laboratory Manual for the Chemical Analyses of Public Drinking Water 2020."

(b) Proficiency in appropriate analytical procedures, methodologies, techniques, and use of equipment by analysts participating in the on-site survey.

(c) Analysis of proficiency test samples.

(d) Maintenance of laboratory records for at least thirty days prior to the scheduled on-site survey, with the records documenting the following:

(i) All appropriate laboratory equipment and auxiliary equipment is operational within prescribed limits.

(ii) Sufficient practice analyses have been conducted by each analyst participating in the on-site survey to demonstrate the analyst's proficiency.

(iii) An acceptable quality assurance plan has been documented and implemented, as required by paragraph (A)(2) of this rule.

(iv) The analyses, quality control procedures, and preparation of standards were correctly performed by each analyst participating in the on-site survey, as required for the certification being requested.

(v) Acceptable method detection limit studies have been completed as required by the director for each method and instrument in accordance with the procedures in the 40 Code of Federal Regulations (C.F.R.) Part 136.

(e) The laboratory conforms to the laboratory plan as approved by the director.

(f) The laboratory is able to meet the analytical reporting limits listed in tables 1, 2, 3, 4 and 5 in the appendix to this rule. Laboratories shall report to the minimum level that they can consistently quantify but shall not have a minimum reporting limit any higher than the level in the appendix to this rule. Unless stated in this rule, the detection limits listed and defined in Chapter 3745-81 of the Administrative Code shall also be used as reporting limits.

(g) Correction of violations noted in previous survey reports.

(6) The survey report shall be issued to the applicant by the Ohio environmental protection agency within forty-five days of any on-site survey, shall indicate the acceptability of the applicant's performance during the survey, and shall state violations that are required to be corrected prior to certification of the laboratory. If the survey report notes violations the director may deny, suspend, or revoke certification in accordance with rule 3745-89-06 of the Administrative Code.

(B) Specific requirements for proficiency testing (PT). Laboratories applying for certification to perform drinking water analyses to determine compliance with Chapters 3745-81 and 3745-82, rules 3745-91-06 and 3745-9-09, and as specified by paragraph (B) of rule 3745-83-01 of the Administrative Code, as well as plant control tests shall, in addition to the requirements of paragraph (A) of this rule, include with the application the appropriate required reports as follows:

(1) Applicants for laboratory certification for analytes referenced in paragraphs (C) to (K) of rule 3745-81-27 of the Administrative Code shall report PT results in accordance with paragraph (A)(3)(d) of this rule with no unacceptable results.

(2) Total trihalomethanes. Applicants for laboratory certification to perform analyses for analytes to determine compliance with rules 3745-81-12 and 3745-81-24 of the Administrative Code shall report bromodichloromethane, bromoform, chloroform and dibromochloromethane analysis in accordance with paragraph (A)(3)(d) of this rule with no unacceptable results. Total trihalomethanes analysis requires reporting all of the compounds established in the definition of total trihalomethanes in rule 3745-81-01 of the Administrative Code.

(3) Volatile organic chemicals. Applicants for laboratory certification for analytes referenced in rules 3745-81-12 and 3745-81-24 of the Administrative Code shall report PT analyses for volatile organic chemicals with maximum contaminant levels (except vinyl chloride) in accordance with paragraph (A)(3)(d) of this rule, with not more than twenty per cent unacceptable results.

(4) Microbiological contaminants. Applicants for laboratory certification to perform analyses for analytes to determine compliance with rules 3745-81-14, 3745-81-21, and 3745-81-41 to 3745-81-45 of the Administrative Code shall report microbiological contaminants analyses in accordance with paragraph (A)(3)(d) of this rule with no more than one unacceptable total coliform result, no more than one unacceptable E. coli result, and no false negative reported values.

(5) Haloacetic acids (five). Applicants for laboratory certification to perform analyses for analytes to determine compliance with rules 3745-81-12 and 3745-81-24 of the Administrative Code shall report haloacetic acids (five) analysis in accordance with paragraph (A)(3)(d) of this rule with no more than one unacceptable result. Haloacetic acids (five) analysis requires reporting all of the compounds listed in the definition of haloacetic acids (five) in rule 3745-81-01 of the Administrative Code.

(C) The director may issue, deny, suspend or revoke a laboratory certificate in accordance with rule 3745-89-06 of the Administrative Code.

[Comment: This rule incorporates the "Ohio EPA Laboratory Manual for the Microbiological Analyses of Drinking Water 2020" and "Ohio EPA Laboratory Manual for the Chemical Analyses of Public Drinking Water 2020" by reference. Copies are available at www.epa.ohio.gov/ddagw/labcert.aspx and at the "Ohio EPA, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH, 43215." Copies can also be obtained by contacting the laboratory certification office at 614-644-4245.]

[Comment: This rule incorporates the United States environmental protection agency's "Manual for Certification of Laboratories Analyzing Drinking Water" fifth edition, dated January 2005 (designated "EPA 815-R-05-004"), as supplemented in both June 2008 (designated "EPA 815-F-08-006") and November 2012 (designated "EPA 815-F-12-006) by the United States environmental protection agency, office of ground water and drinking water, Cincinnati, OH 45268 by reference. Copies are available at http://www.epa.gov/dwlabcert and also at the "Water Resource Center (RC-4100), United States Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, D.C., 20460, [phone]." Copies can also be obtained by contacting the "Safe Drinking Water Hotline" at 1-800-426-4791. This document is available for review at "Ohio EPA, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH, 43215."]

View Appendix

Supplemental Information

Authorized By: 6109.03, 6109.04
Amplifies: 6109.03, 6109.04, 3745.50
Five Year Review Date: 10/26/2025
Prior Effective Dates: 11/26/1980, 4/9/1990, 9/13/1993, 12/1/1993, 4/1/1999, 1/1/2002, 10/31/2010, 6/1/2016

Rule 3745-89-04 | Renewal of laboratory certification.

• Effective: October 26, 2020
• Promulgated Under: 119.03

(A) Except for certifications issued in accordance with rule 3745-89-12 of the Administrative Code, the director may renew a laboratory certification for analysis of drinking water upon the laboratory's successful completion of the following:

(1) The laboratory shall maintain a valid and unexpired laboratory certification under rule 3745-89-05 of the Administrative Code for the analyses for which renewal is sought.

(2) The laboratory shall submit to the director a completed application for renewal, including the parts described in paragraphs (A)(2) and (A)(3)(a) to (A)(3)(e) of rule 3745-89-03 of the Administrative Code, no sooner than one hundred twenty days and no later than thirty days prior to the expiration date of the currently valid certification. When applications are submitted in accordance with this rule and deemed complete, the laboratory certification will be extended until such time as an onsite survey is completed.

(3) If the applicable laboratory survey fee is not already paid, the laboratory shall submit the appropriate laboratory survey fee in accordance with section 3745.11 of the Revised Code. Fees are referenced in paragraph (A)(3)(e) of rule 3745-89-03 of the Administrative Code.

.

(4) The laboratory shall demonstrate an acceptable level of performance, by all persons to be included in renewal of laboratory certification, during an on-site survey as described in paragraph (A)(5) of rule 3745-89-03 of the Administrative Code. An on-site survey shall also include an evaluation of the maintenance of laboratory data. Microbiological records shall be maintained for at least five years; chemical records shall be maintained for at least ten years; lead and copper records shall be maintained for at least twelve years; and, all other records shall be maintained for at least ten years.

(5) The laboratory shall maintain documentation that the quality assurance plan required in paragraph (A)(2) of rule 3745-89-03 of the Administrative Code is reviewed annually. The director may request the documentation be submitted with the laboratory's application for renewal.

(B) For acceptance of certifications issued in accordance with paragraphs (C) and (D) of rule 3745-89-02 of the Administrative Code, the director may renew a laboratory certification for analysis of drinking water upon the laboratory's successful completion of the requirements identified in rule 3745-89-12 of the Administrative Code.

(1) The laboratory shall maintain a valid and unexpired laboratory certification issued by an accreditation program in accordance with paragraph (B) of rule 3745-89-12 of the Administrative Code for the analyses for which renewal is sought.

(2) The laboratory shall submit to the director for a completed application for renewal, including the parts described in paragraph (A) of rule 3745-89-12 of the Administrative Code, no sooner than one hundred twenty days and no later than thirty days prior to the expiration of the currently valid certification. When applications are submitted in accordance with this rule and deemed complete, the laboratory acceptance of certification will be extended until expiration of certification.

(C) When a valid certification for analysis of drinking water is not renewed in accordance with paragraph (A) of this rule, the certification expires and analyses by the laboratory shall not satisfy the requirements of Chapters 3745-81, 3745-82 and 3745-90, and rules 3745-91-06 and 3745-9-09, and as specified by paragraph (B) of rule 3745-83-01 of the Administrative Code. If the laboratory wishes to be recertified for drinking water analysis, it may apply for certification as required by rule 3745-89-03 of the Administrative Code. Where the physical facility of the laboratory conforms to a laboratory plan which has been previously approved, the requirements of paragraph (A)(1) of rule 3745-89-03 of the Administrative Code may be considered to be satisfied.

(D) The director may approve or deny an application for renewal in accordance with rule 3745-89-06 of the Administrative Code.

Supplemental Information

Authorized By: 3745.11, 6109.04
Amplifies: 3745.11, 6109.04, 3745.50
Five Year Review Date: 10/26/2025
Prior Effective Dates: 12/17/1993, 6/1/2016

Rule 3745-89-05 | Maintenance of a laboratory certification.

• Effective: October 26, 2020
• Promulgated Under: 119.03

(A) The requirements for maintaining laboratory certification include each of the following:

(1) Conformance by the laboratory to the "Ohio EPA Laboratory Manual for the Microbiological Analyses of Public Drinking Water 2020" and the "Ohio EPA Laboratory Manual for the Chemical Analyses of Public Drinking Water 2020."

(2) Documentation that all analysts designated on the laboratory certificates have participated proportionally in drinking water analyses for which they are certified.

(3) Documentation that only individuals who have interim authorization or have participated acceptably in a recent on-site survey for a laboratory certification or are listed on a laboratory certificate have performed drinking water analyses and reported results thereof for the purpose of determining compliance with plant control tests, MMO-MUG (SM 9223 B) or membrane filtration (SM 9222 B and G) tests, and Chapters 3745-81, 3745-82 and 3745-90, and rules 3745-91-06 and 3745-9-09, and as specified by paragraph (B) of rule 3745-83-01 of the Administrative Code.

(4) Documentation that drinking water analyses required for the purpose of determining compliance with plant control tests and Chapters 3745-81, 3745-82 and 3745-90, and rules 3745-91-06 and 3745-9-09, and as specified by paragraph (B) of rule 3745-83-01 of the Administrative Code, are performed in accordance with the analytical methods which the laboratory has been certified to use.

(5) Obtaining written approval from the director prior to making any changes in the analytical methodologies or procedures which the laboratory has been certified to use.

(6) Documentation that the laboratory and equipment therein conform to the laboratory plan approved by the director, and that all necessary laboratory equipment is operational.

(7) Notification to the director in writing of any change in personnel or equipment which may affect the laboratory's ability to accurately perform drinking water analyses.

(8) Submitting revised plans and obtaining approval from the director prior to any proposed laboratory remodeling or relocation. During any remodeling or relocation, the director may refuse to accept drinking water analytical results for the purpose of determining compliance with plant control tests and Chapters 3745-81, 3745-82 and 3745-90, and rules 3745-91-06 and 3745-9-09, and as specified by paragraph (B) of rule 3745-83-01 of the Administrative Code. Upon completion of said remodeling or relocation the laboratory shall notify the director in writing.

(9) Documentation that an acceptable quality assurance plan as described in rule 3745-89-03 of the Administrative Code is being followed.

(10) Maintenance of an acceptable quality assurance plan for drinking water analyses and submittal of revisions to the director prior to implementation of any revisions.

(11) An acceptable level of performance for the reporting of analytical data as described in rule 3745-89-08 of the Administrative Code, including an absence of any falsification in the reports, as well as reporting analytical results in accordance with the reporting limits established in the appendix to rule 3745-89-03 of the Administrative Code.

(12) Obtaining acceptable results within the past twelve months in at least one proficiency test for each regulated contaminant that the laboratory has certification.

(13) Satisfactory performance for analyses included in interlaboratory comparison and verification studies, if such are required by the director.

(14) Allowing on-site surveys of the laboratory by certification personnel, including unannounced on-site surveys.

(15) Acceptable performance as described in paragraph (A)(5) of rule 3745-89-03 of the Administrative Code during each on-site survey, including unannounced on-site surveys.

(16) Correction of violations noted in survey reports, as set forth in paragraph (A)(6) of rule 3745-89-03 of the Administrative Code, within the time frame specified by the director. The corrections shall be reported to the director in writing, satisfactorily addressing each individual deviation.

(B) The laboratory may be required to issue notification to its customers, within a specified period of time, explaining violations noted in the survey. The laboratory may also be required to notify affected customers of unacceptable data, which may include, but not be limited to, a clear, accurate and easily understood explanation of why the results were unacceptable.

(C) Failure to maintain certification in accordance with this rule may result in suspension or revocation of a laboratory's certification in accordance with rule 3745-89-06 of the Administrative Code.

Supplemental Information

Authorized By: 6109.03, 6109.04
Amplifies: 6109.03, 6109.04, 3745.50
Five Year Review Date: 10/26/2025
Prior Effective Dates: 4/9/1990, 5/4/2015, 6/1/2016

Rule 3745-89-06 | Director's actions for laboratory certification.

• Effective: October 26, 2020
• Promulgated Under: 119.03

(A) The director shall issue or renew a laboratory certification provided the laboratory has met the laboratory certification requirements as described in this chapter of the Administrative Code.

(1) Laboratory certification shall expire within three years from the effective date of certification. Laboratory certification shall expire within one year from the effective date of certification if the laboratory certification meets one of the following:

(a) Is an initial certification under rule 3745-89-03 of the Administrative Code.

(b) Directly follows a period of revocation or denial of a former certification under this rule.

(2) Acceptance of any certification of a laboratory under rule 3745-89-12 of the Administrative Code shall expire on the earlier of the following dates:

(a) The date of expiration of the certification submitted in accordance with rule 3745-89-12 of the Administrative Code.

(b) Within three years of the date acceptance was granted pursuant to rule 3745-89-12 of the Administrative Code.

(3) The period and provisions of each laboratory certification are summarized on a laboratory certificate, which is issued to the laboratory as a record of the certification and its details.

(B) The director may deny, suspend or revoke a laboratory certification, or all such certifications issued to a laboratory under this chapter, in accordance with Chapters 3745-47 and 3745-49 of the Administrative Code, upon any finding of the following:

(1) The laboratory or any laboratory personnel has falsified laboratory data.

(2) The laboratory failed to meet laboratory certification requirements as described in rules 3745-89-03 to 3745-89-05 of the Administrative Code or submitted unacceptable data.

(3) The laboratory failed to meet the reporting requirements in rule 3745-89-08 of the Administrative Code.

(4) The laboratory has submitted unacceptable data.

(5) The laboratory has submitted a proficiency test sample to another laboratory for analysis and reported the data as its own.

(6) A person not named on a valid laboratory certificate performed analysis of a water proficiency test sample for purposes of retaining a valid laboratory certification.

(7) The laboratory or any laboratory personnel has performed, reported, or failed to report drinking water analyses in such a manner as to threaten public health or welfare.

(8) The laboratory failed to satisfactorily correct violations.

(9) A laboratory certified under paragraph (C) of rule 3745-89-03 of the Administrative Code had the laboratory's certification suspended or revoked by the recognized accreditation body which issued the certification.

(C) The director may deny, suspend or revoke an individual's certification to perform laboratory analyses issued under this chapter if the individual is an operator certified under Chapter 3745-7 of the Administrative Code and said certification is suspended or revoked for any reason other than falsification.

(D) The director shall revoke an individual's certification to perform laboratory analyses issued under this chapter if the individual is an operator certified under Chapter 3745-7 of the Administrative Code and said certification is suspended or revoked for actions related to falsification.

(E) During the pendency of an action to suspend or revoke a laboratory certification, the results of performances on a proficiency test shall not be considered by the director in making a determination to suspend or revoke the certification.

(F) The results of drinking water analyses shall not be acceptable for determining compliance with Chapters 3745-81, 3745-82 and 3745-90, and rules 3745-91-06 and 3745-9-09, or as specified by paragraph (B) of rule 3745-83-01 of the Administrative Code, or for other analyses required by the director, if the results are obtained in violation of rule 3745-81-27 of the Administrative Code or this chapter during the pendency of an action to suspend or revoke a laboratory certification.

(G) Suspension of a laboratory certification shall be for a time period specified by the director, but no less than thirty days and no more than six months, provided a correction statement is submitted in writing to the director addressing each individual violation within the time period specified by the director and is acceptable to the director in accordance with paragraph (I) of this rule.

(H) The director may notify or require a laboratory to notify customers, within a specific period of time, of the suspended or revoked certification.

(I) The laboratory shall demonstrate in a manner acceptable to the director that violations have been addressed to cease suspended certification. The demonstration shall be in writing and may include, but not be limited to, on-site surveys or other means as determined by the director. If the violations are not satisfactorily addressed within the specified time period, the certificate may remain suspended or be revoked.

(J) Revocation or denial of a new or renewed laboratory certification shall remain in effect for a time period specified by the director of not less than ninety days and not more than one year. Laboratories shall not reapply for certification until the period of denial or revocation expires. After such time, the laboratory may apply for certification as specified in rule 3745-89-03 of the Administrative Code.

(K) All actions under this rule affecting the status of a laboratory's certification shall be in accordance with Chapters 3745-47 and 3745-49 of the Administrative Code. The director shall notify the laboratory of any action to deny, suspend or revoke certification. An action taken by the director under this rule does not preclude the director from pursuing additional civil or criminal enforcement. Suspension or revocation may include any or all laboratory certifications issued by the director under this chapter.

Supplemental Information

Authorized By: 6109.04
Amplifies: 6109.04, 3745.50
Five Year Review Date: 10/26/2025
Prior Effective Dates: 4/1/1999, 6/18/2004

Rule 3745-89-07 | Laboratory certificate property of state; display.

• Effective: October 26, 2020
• Promulgated Under: 119.03

A laboratory certificate issued under this chapter remains the property of the state and shall be surrendered to the director upon revocation. The certificate shall be displayed at all times in a prominent location in the laboratory for which the certification was issued.

Supplemental Information

Authorized By: 6109.03, 6109.04
Amplifies: 6109.03, 6109.04
Five Year Review Date: 10/26/2025
Prior Effective Dates: 11/26/1980, 4/9/1990

Rule 3745-89-08 | Analysis and Reporting.

• Effective: October 26, 2020
• Promulgated Under: 119.03

Analysis and reporting for samples used to determine compliance with Chapters 3745-81, 3745-82 and 3745-90, and rules 3745-9-09 and 3745-91-06 of the Administrative Code shall be completed by facilities meeting requirements to perform drinking water testing as identified in paragraphs (A) to (D) of rule 3745-89-02 of the Administrative Code, as follows:

(A) Beginning October 1, 2018, a complete analysis, including quality control, shall be performed no later than thirty business days after receipt of the sample. For radiological chemicals, a complete analysis, including quality control, shall be performed no later than sixty business days after receipt of the sample.

(B) Except as provided for in paragraph (C) of this rule, results shall be reported to the director and to public water systems by the tenth day following the date the analyses are completed. All reports required under this rule shall be submitted electronically via a method acceptable to the director.

(C) The following results shall be reported by no later than the end of the next business day after the analysis is completed:

(1) All positive and all repeat sample results required by rules 3745-81-14 and 3745-81-21 of the Administrative Code, and all microbial monitoring results required by rule 3745-81-42 of the Administrative Code.

(2) All results at or above any maximum contaminant level specified in rule 3745-81-11, 3745-81-12, or 3745-81-15 of the Administrative Code, and all resample results to confirm MCL exceedances.

(3) All detections of total microcystins in raw and finished water samples required by Chapter 3745-90 of the Administrative Code, all results of microcystins samples collected in response to an exceedance of the microcystins action level established in paragraph (A)(1) or (A)(2) of rule 3745-90-02 of the Administrative Code, and all results of cyanobacteria screening that indicate the potential for cyanotoxins.

(4) Results of lead and copper tap water sample analysis and all identifying information about where the sample was collected to the water system and the director.

(5) All startup sample results for seasonal public water systems required by rule 3745-81-51 of the Administrative Code.

(D) All results required to be reported under paragraph (C) of this rule shall be reported as follows:

(1) To the director electronically via a method acceptable to the director.

(2) To public water systems either by fax, electronically via a method acceptable to the director, or by overnight mail delivery.

(E) Reports required in accordance with this rule shall be submitted on forms or in a form acceptable to the director and shall be complete and correct. Each report shall include at least the analytical data, the name and certification number of the laboratory performing or reporting the analysis, the analytical method type, the dates that the sample was collected and received as well as the date the analysis was completed, the sample identification number as separately assigned by the laboratory for each sample, the analyst number of the laboratory analyst who performed the analyses, the sample collector's identification information, and complete sample and public water system identification information including sample location description, sample monitoring point and sample type. Additional information may be required based on contaminant.

(F) The director may establish reporting limits for any approved analytical method for contaminants listed in Chapters 3745-81 and 3745-90 of the Administrative Code. Laboratories shall report analytical results in accordance with the reporting limits established in the appendix to rule 3745-89-03 of the Administrative Code.

(G) Failure by a laboratory to file appropriate, complete, correct, and timely reports of analytical results required by this rule may be considered by the director as failure to meet an acceptable level of performance and as failure to successfully meet the requirements for renewal of a laboratory certification. Out of state laboratories and in state facilities that fail to meet the requirements of this rule may be removed from the list of acceptable analytical laboratories and reporting facilities by the director.

(H) Analytical results required by rules 3745-81-73 to 3745-81-75, and 3745-83-01 and Chapter 3745-82 of the Administrative Code, except for paragraph (G)(1) of rule 3745-81-75 of the Administrative Code, shall be reported to the director only when requested by the director.

(I) A laboratory or a facility that subcontracts, as defined in rule 3745-89-01 of the Administrative Code, is responsible for meeting the reporting requirements in this rule. A laboratory or facility may arrange with a subcontracted laboratory to perform this reporting; however, the laboratory retains the ultimate responsibility for these reporting requirements.

Supplemental Information

Authorized By: 6109.04, 6109.121
Amplifies: 6109.04, 6109.121, 3745.50
Five Year Review Date: 10/26/2025
Prior Effective Dates: 6/28/2003, 6/18/2009, 10/31/2010, 5/1/2018

Rule 3745-89-09 | Interim authorization for plant control tests or MMO-MUG (SM 9223) tests.

• Effective: October 26, 2020
• Promulgated Under: 119.03

(A) A laboratory with a valid and unexpired certification under this chapter may request that the director grant an individual interim authorization to perform for the laboratory one or more of the plant control tests for pH, turbidity, alkalinity, stability, hardness, fluoride, chloride, chlorite, or MMO-MUG (SM 9223 B) tests according to the following:

(1) The director shall grant interim authorization only to an individual(s) who has performed acceptably during parallel testing defined in paragraph (A)(3)(d) or (A)(3)(e) of this rule. Acceptable performance for plant control or MMO-MUG (SM 9223 B) tests is defined in Chapter 5 Section B. of the Ohio EPA Laboratory Manual for Chemical Analyses of Public Drinking Water 2020 and Ohio EPA Laboratory Manual for Microbiological Analyses of Public Drinking Water 2020, respectively.

(2) The number of individuals requested for interim authorization by the laboratory may be limited due to number of analyses requested.

(3) A laboratory shall submit an application for interim authorization to the director on a form provided by the director. The application shall include the following information:

(a) The name, address and telephone number of the laboratory and of the individual responsible for the laboratory.

(b) The list of analysts specified on the laboratory's applicable certificates and the plant control tests which each analyst currently performs.

(c) The list of individuals and the plant control tests or MMO-MUG (SM 9223 B) tests for which interim authorization is sought.

(d) Documentation for each individual on each plant control test requested for interim authorization of at least twenty days of analytical results generated in parallel testing with an analyst included on a certificate for those same plant control tests. The previous certification of an individual to perform plant control tests may be considered for reducing this requirement.

(e) Documentation for each individual requesting interim authorization for MMO-MUG (SM 9223 B) must include seven samples per day totaling at least twenty-one samples, including the required quality control samples, with results generated in parallel testing with an analyst included on a certificate for MMO-MUG (SM 9223 B) tests. The previous certification of an individual to perform MMO-MUG (SM 9223 B) tests may be considered for satisfying this requirement.

(B) In order for an individual to be granted interim authorization for any plant control or MMO-MUG (SM 9223 B) tests, the results required by paragraphs (A)(3)(d) and (A)(3)(e) of this rule shall indicate the individual has an acceptable performance as defined in paragraph (A)(1) of this rule.

(C) The analytical results produced by the individual with interim authorization shall be independently reviewed by an analyst included on a certificate for the same tests as those granted for interim authorization.

(D) Within six months of an interim authorization, an on-site survey will be scheduled. Interim authorization shall remain in effect for a period not to exceed six months, unless an extension is granted or, if an on-site survey is scheduled or has been conducted, until the on-site survey report is issued.

(E) The laboratory shall demonstrate an acceptable level of performance, by all individuals for which interim authorization is sought, during an on-site survey as described in paragraph (A)(5) of rule 3745-89-03 of the Administrative Code.

Supplemental Information

Authorized By: 6109.03, 6109.04
Amplifies: 6109.03, 6109.04
Five Year Review Date: 10/26/2025
Prior Effective Dates: 4/1/1999, 5/4/2015

Rule 3745-89-10 | Interim authorization for new contaminants and new methods.

• Effective: October 26, 2020
• Promulgated Under: 119.03

The director may grant interim authorization, as defined in rule 3745-89-01 of the Administrative Code, for certified laboratories to perform drinking water analyses by using new methods, for new analytes, or both, during a transition period necessary for implementation of new or amended regulations. Such authorization shall follow the following procedures:

(A) The director shall notify certified laboratories of the availability of interim authorization and the drinking water analyses to be included.

(B) Interim authorization shall only be available to laboratories which currently have valid certification under this chapter for the same type of drinking water analysis (microbiological contaminants, inorganic, trace metals, etc.) as the drinking water analyses to be included in the interim authorization.

(C) In order to be considered for interim authorization, the laboratory shall submit to the director an application for interim authorization, on a form provided by the director. The application shall include the following information:

(1) The name, address and telephone number of the laboratory and of the individuals responsible for the laboratory.

(2) Statement of the drinking water analyses and methods for which interim authorization is sought and the analysts to be included in the interim authorization to perform the analyses. The analysts shall be individuals already identified on a valid certificate of approval for the laboratory for performing similar analyses or for analyzing the same type of analyte.

(3) Documentation that the laboratory obtained acceptable results within the past twelve months for at least one proficiency test provided by a proficiency test provider for each drinking water analysis to be included in the interim authorization.

(4) Documentation that method detection limit (MDL) studies have been completed by the laboratory for each drinking water chemistry analysis to be included in the interim authorization, with the MDL studies indicating that the laboratory is capable of meeting any specified analytical reporting requirements.

(5) Documentation that the laboratory has successfully passed one microbiological proficiency test set from a "National Environmental Laboratory Accreditation Program (NELAP)" approved proficiency test supplier with the method not approved by the Ohio environmental protection agency. The test data shall be sent directly to the state proficiency test coordinator from the proficiency test provider. The laboratory shall pass the proficiency test study with the method for which interim authorization is being sought.

(D) When granted, interim authorization shall state the individuals and drinking water analyses included in the interim authorization and the length of time that the interim authorization will remain in effect.

(E) An on-site survey shall be scheduled to verify acceptable performance by the laboratory granted interim authorization. Interim authorization shall remain in effect for the length of time specified by the director or until the on-site survey is completed and certification is granted under rule 3745-89-06 of the Administrative Code, whichever occurs first.

Supplemental Information

Authorized By: 6109.03, 6109.04
Amplifies: 6109.03, 6109.04
Five Year Review Date: 10/26/2025
Prior Effective Dates: 5/4/2015

Rule 3745-89-11 | Certified laboratories for the "Long Term 2 Enhanced Surface Water Treatment Rule".

• Effective: October 26, 2020
• Promulgated Under: 119.03

(A) Cryptosporidium. Systems shall have Cryptosporidium samples analyzed in accordance with analytical techniques identified in rule 3745-81-27 and meeting certification requirements identified in this chapter.

(B) E. coli. Systems shall have E. coli samples analyzed in accordance with analytical techniques identified in rule 3745-81-27 of the Administrative Code and meeting certification requirements identified in this chapter.

(C) Turbidity. Systems shall have turbidity samples analyzed in accordance with analytical techniques identified in rule 3745-81-27 of the Administrative Code and meeting certification requirements identified in this chapter.

Supplemental Information

Authorized By: 6109.04
Amplifies: 6109.03, 6109.04
Five Year Review Date: 10/26/2025

Rule 3745-89-12 | Alternate acceptance of laboratory certification.

• Effective: October 26, 2020
• Promulgated Under: 119.03

(A) Acceptance of certification. In lieu of complying with the requirements of rule 3745-89-03 of the Administrative Code, laboratories may apply for acceptance of certification to perform analyses to determine compliance with Chapters 3745-81 and 3745-82, and rules 3745-91-06 and 3745-9-09, and as specified by paragraph (B) of rule 3745-83-01 of the Administrative Code by meeting the following requirements:

(1) The laboratory is certified by the United States environmental protection agency (USEPA), the national environmental laboratory accreditation program (NELAP), or by another environmental laboratory accreditation program acceptable to the director to perform required analyses for those Fields of Accreditation in which the laboratory is requesting acceptance of certification pursuant to this rule, with the exception of those analytes required in Chapter 3745-90 of the Administrative Code. The field of accreditation shall be for drinking water.

(2) The laboratory submits an application on a form acceptable to the director.

(3) The laboratory submits a copy of the most recent certificate and field of accreditation issued by an acceptable accrediting body for the USEPA approved drinking water methods which acceptance is sought.

(4) The laboratory submits evaluations of the two most recent proficiency test (PT) sample studies. A provider of PT samples must be accredited by a proficiency testing provider accreditor that meets the national environmental laboratory accreditation conference requirements.

(5) The laboratory submits evaluations of any PT sample studies within the previous five years that have resulted in an evaluation of "Unacceptable" and the subsequent make-up PT sample evaluation.

(6) The laboratory submits reports from the most recent on-site survey by the accrediting body issuing the certification. The on-site inspection shall be completed by a program acceptable to the Ohio EPA.

(7) The laboratory shall submit all correspondence, documents or other communications between the laboratory and the accrediting body which may affect the laboratory's accreditation within thirty days. Failure to submit these articles may result in loss of Ohio EPA acceptance of certification.

(8) For out of state laboratories, a certification that one of the conditions listed in paragraph (D) of rule 3745-89-02 of the Administrative Code exists at the time of application. Any acceptance of certification for an out of state laboratory shall only remain effective so long as one of the conditions listed in paragraph (D) of rule 3745-89-02 of the Administrative Code continues to exist.

(B) Renewal of acceptance of certification. For acceptance of certifications issued in accordance with paragraph (A) of this rule, the director may renew an acceptance of certification in accordance with paragraph (D) of this rule upon the laboratory's successful completion of the following:

(1) The laboratory shall maintain a valid and unexpired laboratory certification issued by an accreditation program approved under paragraph (A)(1) of this rule for the analyses for which renewal is sought.

(2) The laboratory shall submit to the director for a completed application for renewal, including the information required under paragraph (A) of this rule, with the exception of paragraph (A)(4) of this rule, no sooner than one hundred twenty days and no later than thirty days prior to the expiration of the currently valid certification. When applications are submitted in accordance with this rule and deemed complete, the laboratory acceptance of certification will be extended until the earlier of three years from the date of renewal or the expiration of certification issued by an accreditation program approved under paragraph (A)(1) of this rule.

(3) The laboratory submits evaluations of the most recent proficiency test (PT) sample studies. A provider of PT samples must be accredited by a proficiency testing provider accreditor that meets the national environmental laboratory accreditation conference requirements.

(C) Maintenance of acceptance of certification. To maintain an acceptance of certification a laboratory shall comply with the requirements of paragraphs (A)(11), (A)(12) and (A)(14) of rule 3745-89-05 and rule 3745-89-08 of the Administrative Code.

(D) Director's actions.

(1) The director may issue or renew an acceptance of certification provided the laboratory has met the requirements for acceptance as described in this rule.

(2) The period and provisions of each acceptance of certification are summarized on a laboratory acceptance, which is issued to the laboratory as a record of the acceptance and certification details.

(3) The director may deny, suspend or revoke an acceptance of certification in accordance with Chapters 3745-47 and 3745-49 of the Administrative Code upon a finding of any of the criteria under paragraph (B) or (C) of rule 3745-89-06 of the Administrative Code or upon a finding that the laboratory no longer holds a valid unexpired certification from an accreditation program approved under paragraph (A)(1) of this rule.

(4) During the pendency of an action to suspend or revoke an acceptance of certification, the results of performances on a proficiency test shall not be considered by the director in making a determination to suspend or revoke the acceptance of certification.

(5) The results of drinking water analyses shall not be acceptable for determining compliance with Chapter 3745-81 or 3745-82, and rules 3745-91-06 and 3745-9-09, or as specified by paragraph (B) of rule 3745-83-01 of the Administrative Code, or for other analyses required by the director, if the results are obtained in violation of rule 3745-81-27 of the Administrative Code or this chapter during the pendency of an action to suspend or revoke an acceptance of certification.

(6) Suspension of an acceptance of certification shall be for a time period specified by the director, but no less than thirty days and no more than six months, provided a correction statement is submitted in writing to the director addressing each individual violation within the time period specified by the director and is acceptable to the director.

(7) The director may notify or require a laboratory to notify customers, within a specific period of time, of the suspended or revoked acceptance of certification.

(8) The laboratory shall demonstrate in a manner acceptable to the director that violations have been addressed to cease suspended acceptance of certifications. The demonstration shall be in writing and may include, but not be limited to, on-site surveys or other means as determined by the director. If the violations are not satisfactorily addressed within the specified time period, the acceptance of certification may remain suspended or be revoked.

(9) Revocation or denial of a new or renewed acceptance of certification shall remain in effect for a time period specified by the director of not less than ninety days and not more than one year. Laboratories shall not reapply for acceptance of certification until the period of denial or revocation expires. After such time, the laboratory may apply for acceptance of certification as specified in this rule.

(10) An action taken by the director under this rule does not preclude the director from pursuing additional civil or criminal enforcement. Suspension or revocation may include any or all acceptance of certifications issued by the director under this chapter.

(E) An acceptance of certification issued under this rule remains the property of the state and shall be surrendered to the director upon revocation.

Supplemental Information

Authorized By: 6109.03, 6109.04
Amplifies: 6109.03, 6109.04, 3745.50
Five Year Review Date: 10/26/2025