Introduction: As of July 2009, the NDEP Bureau of Corrective Actions (BCA) will no longer require a separate lab jurat on reports prepared by CEMs. The original certification statement at NAC 459.97285 and described in the Regulatory Clarification CERT-08-01 [pdf] is the only certification statement required on reports prepared by CEMs.
Background discussion and rationale for this update is provided below. You will also find useful information for CEMs related to: 1) certification statements required by the NDEP Laboratory Certification program for individuals submitting soil or water samples to laboratories; and 2) use of analytical methods for which no laboratory is certified by the NDEP.
Lab Certification Requirements Pertaining to CEM Activities
In addition to other programs within the Division, the Nevada Revised Statutes (NRS) require that analyses of soil and water samples at a site to determine the release of a hazardous substance, or investigate and cleanup a release (including Phase II Site Assessments, All Appropriate Inquiries in accordance with 40 CFR 312, and active BCA corrective action and LUST sites) be performed by a laboratory certified in accordance with regulations administered by the NDEP (see NRS 445A.427 and NRS 459.501).
Regulations for Laboratory Certification Program went into effect in 2005 and can be found at NAC 445A.0552 to 445A.067 (includes corrective action sites) and NAC 459.96902 to NAC 459.9699 (includes LUST sites and other sites where CEMs are providing services to investigate, sample, or cleanup a release or potential release of a hazardous substance).
Please note that laboratory certifications are constituent and method specific and are specific to each individual laboratory location.
CEM Certification Statement - No Separate Lab Jurat Required
As described in Regulatory Clarification CERT-08-01, NAC 459.97285 requires the following language be included in documents prepared by CEMs:
I hereby certify that I am responsible for the services described in this document and for the preparation of this document. The services described in this document have been provided in a manner consistent with the current standards of the profession and to the best of my knowledge comply with all applicable federal, state and local statutes, regulations and ordinances.
By signing a document with this statement, the CEM is attesting that they have followed all the federal, state and local requirements, which would include the Nevada Certified Laboratory regulations. As such, the NDEP BCA no longer requires a separate "lab jurat" for reports.
Additionally, NAC 459.9729.1(a) requires that CEMs "shall provide services which are ethical, meet the current standards of the profession and which comply with federal state and local regulations concerning hazardous substances or underground storage tanks." Again, this requires compliance with Nevada Certified Laboratory requirements.
Laboratory Certification Program - Chain of Custody Certification Statement
The Laboratory Certification Program regulations require that individuals submitting soil or water samples to a laboratory provide a certification statement on the chain of custody documentation. At sites where a CEM is providing services, the person submitting samples must be a CEM or working under the direction of a CEM. NAC 445A.0636 and NAC 459.9697 require that the Quality Manual for each certified laboratory include a policy for collection of soil and water samples. The regulation requires the policy provide that a person taking a sample shall sign and date an attestation indicating the validity and authenticity of the sample.
The statement is part of each laboratories Quality Manual and CEMs should be familiar with each manual for the laboratories they use. Samplers may be required to sign a statement on their chain of custody that also fulfills this requirement. An example of this statement might be:
I attest to the validity and authenticity of this sample. I am aware that tampering with or intentionally mislabeling the sample location, date or time is considered fraud and may be ground for legal action.
CEMs should also be aware that not all analyses are regulated by the Nevada Laboratory Certification Program. However, CEMs are still required to follow all quality and control procedures as appropriate for theses analyses that are not specified in the Nevada Certified Laboratory regulations. CEMs should work with their case officers to ensure compliance.