Petitions for equivalent testing or analytical methods

1. Any person seeking to add a testing or analytical method to chapter 33.1-24-02 or 33.1-24-05 may petition for a regulatory amendment to this section and section 33.1-24-01-06. To be successful, the person must demonstrate to the satisfaction of the department the proposed method is equal to or superior to the corresponding method prescribed in chapter 33.1-24-02 or 33.1-24-05, in terms of its sensitivity, accuracy, and precision, i.e., reproducibility. 2. Each petition must include, in addition to the information required by section 33.1-24-01-06: a. A full description of the proposed method, including all procedural steps and equipment used in the method; b. A description of the types of wastes or waste matrices for which the proposed method may be used; c. Comparative results obtained from using the proposed method with those obtained from using the relevant or corresponding methods prescribed in chapter 33.1-24-02 or 33.1-24-05; d. An assessment of any factors which may interfere with, or limit the use of, the proposed method; and e. A description of the quality control procedures necessary to ensure the sensitivity, accuracy, and precision of the proposed method. 3. After receiving a petition for an equivalent method, the department may request any additional information of the proposed method which it may reasonably require to evaluate the method. 4. If the department amends the regulations to permit use of a new testing method, the method will be incorporated by reference in section 33.1-24-01-05.