The commission may accept analytical data provided by an environmental testing laboratory, for any matter under the commission's jurisdiction relating to permits or other authorizations, compliance matters, enforcement actions, or corrective actions, that is not accredited according to this chapter if the laboratory:
  (1) is an on-site or in-house environmental testing laboratory that is:
    (A) inspected at least every three years by the executive director;
    (B) located in another state and accredited or periodically inspected by that state; or
    (C) inspected at least every three years by the executive director and is performing work:
      (i) for another company with a unit located on the same site; or
      (ii) without compensation for a governmental agency or a charitable organization.
  (2) is accredited under federal law, including certification by the United States Environmental Protection Agency to provide analytical data for decisions relating to compliance with the Safe Drinking Water Act;
  (3) provides analytical data necessary for emergency response activities and the required analytical data are not otherwise available from an environmental testing laboratory accredited according to this chapter or federal law; or
  (4) provides analytical data for which the commission does not offer accreditation.

Source Note: The provisions of this §25.6 adopted to be effective September 12, 2002, 27 TexReg 8480; amended to be effective August 24, 2005, 30 TexReg 4841