NR 149.21(4)(c)1.
1. Analytical technology fees. The department shall assess a fee for each analytical technology, per matrix, to all accredited laboratories, in fields involving the aqueous and non-aqueous matrices. The assessed fee shall be based on the RV units specified in this section, Table 3.
NR 149.21(4)(c)2.
2. Analytical class fees. The department shall assess a fee, per analytical class, to all certified laboratories in fields involving the drinking water matrix. The assessed fee shall be based on the RV units specified in this section, Table 3.
1 Actual cost will be determined by the department considering the complexity of the technology.
NR 149.21 History
History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21; correction in (4) (c) (intro.) made under s. 35.17, Stats., Register February 2021 No. 782. NR 149.22
NR 149.22
Required proficiency testing samples and frequency of analysis. NR 149.22(1)(a)(a) A laboratory shall participate in at least one PT sample study per accreditation period as specified in sub.
(2), subject to all the following:
NR 149.22(1)(a)1.
1. For aqueous and non-aqueous matrices, a laboratory shall analyze aqueous matrix PT samples for each combination of technology and analyte or analyte group in its fields of accreditation.
NR 149.22(1)(a)2.
2. For the drinking water matrix, a laboratory shall analyze PT samples for each combination of method and analyte or analyte group in its fields of certification. Acceptance criteria for these samples are set in s.
NR 149.27.
NR 149.22(1)(b)
(b) PT samples may be those offered by approved PT sample providers at regular intervals, as “rapid response” PT samples, or as custom formulations approved by the department.
NR 149.22(1)(c)
(c) A laboratory shall report a proper method code, which matches the technology and analyte or analyte group for which accreditation is held, with results for PT samples.
NR 149.22 Note
Note:
A link to the universal list of method codes for methods and technologies is available from the NELAC Institute (TNI) which can be found on the Wisconsin department of natural resources laboratory accreditation program website.
NR 149.22(2)
(2)
Lists of required PT samples and approved PT sample providers. NR 149.22(2)(a)(a) The department shall seek the advice of the council prior to identifying required PT samples and approved PT sample providers.
NR 149.22(2)(b)
(b) The list shall identify matrix-specific PT samples required for submittal for renewal of accreditation or with initial or revised applications and the specific PT sample providers approved for supplying each required PT sample.
NR 149.22 Note
Note:
Lists of required PT samples and approved PT sample providers can be found on the Wisconsin department of natural resources laboratory accreditation program website.
NR 149.22 History
History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.23
NR 149.23
Approval of proficiency testing sample providers. NR 149.23(1)(1)
Criteria for approval. When evaluating a PT sample provider for approval, the department shall consider criteria including all the following:
NR 149.23(1)(a)
(a) The PT sample provider accreditation status by national accreditation programs.
NR 149.23(1)(b)
(b) The PT sample provider use of techniques for calculating acceptance limits as specified in s.
NR 149.27.
NR 149.23(2)
(2)
Proficiency testing sample provider requirements. Approved PT sample providers shall submit all PT sample results to the department electronically in a format specified by the department.
NR 149.23 History
History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21; renumbering in (1) under s. 13.92 (4) (b) 1., Stats., Register February 2021 No. 782. NR 149.24
NR 149.24
Proficiency testing samples for applications and accreditation renewal. NR 149.24(1)(1)
PT sample acceptance criteria. The department may not grant or renew an accreditation unless the associated PT sample results meet the criteria specified in s.
NR 149.27.
NR 149.24(2)
(2)
PT sample study close date. Acceptable PT samples shall have a PT sample study close date no more than six months prior to the date of application.
NR 149.24(3)
(3)
PT sample due date for renewal. For renewal of accreditations, which begin on September 1 of each calendar year, acceptable PT sample results shall have been reported electronically to the department by an approved PT sample provider no sooner than January 1 or later than August 31 of the same calendar year
. Preliminary reports from approved PT sample providers may not be used for renewal of accreditation.
NR 149.24 Note
Note:
For example, to renew accreditation for any analyte effective for the period from September 1, 2009 to August 31, 2010, a laboratory shall have successfully analyzed a PT sample for that analyte reported between January 1 and August 31, 2009.
NR 149.24(4)
(4)
PT samples for applications. A laboratory submitting initial or revised applications for accreditation shall analyze PT samples from an approved PT sample provider and submit acceptable results for any of the following:
NR 149.24(4)(a)
(a) For aqueous and non-aqueous matrices, acceptable PT sample results are required for each combination of technology and analyte or analyte group for which the department has identified that PT samples are required.
NR 149.24(4)(b)
(b) For the drinking water matrix, acceptable PT sample results, from a water supply study, are required for each combination of method and analyte or analyte group.
NR 149.24(5)
(5)
PT samples for renewal. A laboratory wishing to renew its accreditation shall analyze PT samples from an approved PT sample provider and submit acceptable results for any of the following:
NR 149.24(5)(a)
(a) For aqueous and non-aqueous matrices, acceptable PT sample results from a water pollution study are required for each combination of technology and analyte or analyte group for which the department has identified that PT samples are required.
NR 149.24(5)(b)
(b) For the drinking water matrix, acceptable PT sample results from a water supply study are required for each combination of method and analyte or analyte group.
NR 149.24 Note
Note:
The department does not accept PT samples prepared in a non-aqueous matrix to obtain or renew accreditation for analytes or analyte groups under the non-aqueous matrix.
NR 149.24(6)
(6)
Renewal requirements for multiple successive pt sample failures. NR 149.24(6)(am)(am) A laboratory that experiences multiple successive PT sample failures shall submit two consecutive acceptable PT samples from an approved PT sample provider to renew its accreditation. Consecutive PT samples shall be two unique studies received by the laboratory at least ten business days apart. The laboratory may not prepare or analyze the two PT samples in the same batch.
NR 149.24(6)(bm)1.1. For aqueous and non-aqueous matrices, multiple successive PT sample failure means failing three consecutive PT samples for any combination of technology and analyte or analyte group.
NR 149.24(6)(bm)2.
2. For the drinking water matrix, multiple successive PT sample failure means failing two consecutive PT samples for any combination of method and analyte or analyte group.
NR 149.24 History
History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21; correction in numbering in (6) made under s. 13.92 (4) (b) 1., Stats., and correction in (6) (bm) made under s. 35.17, Stats., Register February 2021 No. 782. NR 149.25
NR 149.25
Treatment of proficiency testing samples. NR 149.25(1)(1)
PT samples shall be subjected to any preparatory steps undergone by analytical samples of that matrix, unless the preparation instructions submitted by a PT sample provider specifically instruct omitting a preparatory step.
NR 149.25 Note
Note:
Preparatory steps include digestions, distillations, extractions, concentrations, and dilutions.
NR 149.25(2)
(2) A laboratory may report multiple results for a single PT sample when the laboratory maintains accreditations for multiple technologies for any analyte or analyte group in aqueous and non-aqueous matrices.
NR 149.25(3)
(3) A laboratory may report multiple results of a single PT sample when the laboratory maintains certifications for multiple methods for any analyte or analyte group in the drinking water matrix.
NR 149.25(4)
(4) Prior to submitting PT sample results to a PT sample provider, all the following apply:
NR 149.25(4)(a)
(a) A laboratory may not send a PT sample, or portion of a PT sample, to another laboratory for analysis.
NR 149.25(4)(b)
(b) A laboratory may not knowingly analyze a PT sample, or a portion of a PT sample, from another laboratory.
NR 149.25(4)(c)
(c) Until a PT sample study has been closed, a laboratory may not share results of a PT sample from that study to any party other than the PT sample provider or regulatory agency.
NR 149.25 History
History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.26
NR 149.26
Reporting proficiency testing sample results. NR 149.26(1)(1)
A laboratory shall submit PT sample results to PT sample providers in accordance with the dates specified by the PT sample providers.
NR 149.26(2)
(2) PT sample reports may be submitted to the department directly from the PT sample provider or by the laboratory, but it is the laboratory's responsibility to ensure the department receives the necessary reports for initial and revised applications. The laboratory shall submit PT sample reports in their entirety, without modification, to the department.
NR 149.26(3)
(3) Results from all PT sample reports issued to the department by PT sample providers shall be used to determine a laboratory's accreditation status.
NR 149.26(4)
(4) The department may only accept amended and reissued PT sample reports if the reissue is due to an error made by the PT sample provider and revised reports are all the following:
NR 149.26(4)(b)
(b) Directly submitted to the department by the PT sample provider.
NR 149.26(4)(c)
(c) Accompanied by an explanation of the PT sample provider's error.
NR 149.26 Note
Note:
Re-issued reports are acceptable in cases when the laboratory neglected to instruct the PT sample provider to report results to the department.
NR 149.26 History
History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.27
NR 149.27
Proficiency testing sample acceptance limits and grading. NR 149.27(1)(1)
Acceptance limits. A laboratory's result for any analyte or analyte group is considered unacceptable if it meets any of the following conditions:
NR 149.27(1)(b)
(b) The laboratory reports a result for an analyte not present in the PT sample.
NR 149.27(1)(c)
(c) The laboratory does not report a result for an analyte present in the PT sample.
NR 149.27(1)(d)
(d) The laboratory fails to submit its results to the PT sample provider on or before the deadline for the PT sample study.
NR 149.27(1)(e)
(e) The laboratory reports a method code for either an unapproved method or the method code reported is not appropriate for the technology-analyte or method-analyte combination.
NR 149.27(1)(f)
(f) The laboratory fails to meet department specified grading criteria for multi-analyte PT samples.
NR 149.27 Note
Note:
Department grading criteria can be found on the Wisconsin department of natural resources laboratory accreditation program website.
NR 149.27(2)(a)(a) PT samples for analytes in aqueous and non-aqueous matrices shall be graded in accordance with acceptance limits established by the department considering criteria developed by the EPA.
NR 149.27(2)(b)
(b) When the EPA has not developed acceptance limits for required PT sample analytes, the department may develop acceptance limits based on its experience or information supplied by approved PT sample providers.
NR 149.27(2)(c)
(c) When an insufficient number of laboratories participate in a study to generate peer-based acceptance limits in a PT sample with analytes for which the EPA has not established acceptance limits, the department may grade results using fixed acceptance limits.
NR 149.27 Note
Note:
Links to
40 CFR Part 141 can be found on the Wisconsin department of natural resources laboratory accreditation program website.
NR 149.27(2)(e)
(e) When accreditation in an analyte group is based on passing a representative PT sample containing more than one analyte, the laboratory shall report acceptable results on at least 80% of the analytes to achieve acceptable results for that sample. The department may investigate repeated failures for specific analytes and direct enforcement action in the event of two consecutive failures in the drinking water matrix or three consecutive failures in the aqueous matrix.
NR 149.27(2)(f)
(f) The department shall establish procedures for evaluating false positives and false negatives reported in analyzed PT samples.
NR 149.27 History
History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.28
NR 149.28
Procedure for correcting unacceptable proficiency testing sample results. NR 149.28(1)(a)
(a) If a laboratory does not meet the acceptance limits for an analyte or analyte group and the laboratory does not have acceptable results on a previous sample analyzed during the same accreditation period, the laboratory shall analyze a second PT sample for that analyte or analyte group.
NR 149.28(1)(b)
(b) If the results of a second PT sample do not meet the acceptance limits, the department may initiate an assessment of the laboratory's quality control records if this action is necessary to validate data generated by the laboratory. If two consecutive PT samples do not meet acceptance limits, the laboratory shall do all the following:
NR 149.28(1)(b)1.
1. Prepare a corrective action report and initiate an action plan to correct the problems within 30 days of the date of notification of the second failure. This action plan shall include a timetable for correcting the problems and obtaining a third PT sample.
NR 149.28(1)(b)2.
2. Analyze a third PT sample within 60 days of the date of notification of the second failure. If the results of the third PT sample do not meet the acceptance limits, the laboratory shall analyze two subsequent and consecutive acceptable PT samples.
NR 149.28(1)(c)
(c) The department may not renew accreditation of those analytes or analyte groups for which a laboratory has failed three consecutive PT samples and has not successfully analyzed two subsequent and consecutive PT samples for those analytes or analyte groups prior to September 1.
NR 149.28(1)(d)
(d) When applying to have an analyte or analyte group reinstated after non-renewal for failing three consecutive PT samples, the laboratory shall provide acceptable results on two subsequent and consecutive PT sample studies for that analyte or analyte group. The consecutive PT samples shall be two unique studies received by the laboratory at least ten business days apart. The laboratory may not prepare or analyze the two PT samples in the same batch.
