NR 149.155 HistoryHistory: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.18(1)(1) Subcontracting samples shall be to a laboratory that holds valid certifications corresponding to the matrix, technology or method, and analyte requested. NR 149.18(2)(2) A laboratory accepting samples under a subcontract from another laboratory shall maintain any analytical records needed to determine compliance with this chapter. The records shall be made available to the laboratory providing the samples. NR 149.18 HistoryHistory: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.19NR 149.19 Requirements for certification in the drinking water matrix. NR 149.19(1)(1) Applicability. This section contains additional requirements that apply to laboratories analyzing drinking water for compliance under ch. NR 809. NR 149.19(2)(a)(a) The minimum criteria and procedures for certification in the drinking water matrix are specified in the following documents: NR 149.19(2)(a)1.1. As updated, the “Manual for the Certification of Laboratories Analyzing Drinking Water,” EPA 815-R-05-004, fifth edition, EPA, Office of Ground Water and Drinking Water, January 2005. NR 149.19(2)(a)2.2. As updated, the “Supplement 1 to the Fifth Edition of the Manual for the Certification of Laboratories Analyzing Drinking Water,” EPA 815-F-08-006 EPA, Office of Ground Water and Drinking Water, June 2008. NR 149.19 NoteNote: The documents above can be found on the Wisconsin department of natural resources laboratory accreditation program website and are available for inspection at the offices of the department and the legislative reference bureau.
NR 149.19(2)(b)(b) The department may not grant either interim or provisional certifications. NR 149.19(2)(c)(c) A laboratory shall follow any additional criteria and procedures identified in this chapter applying to drinking water analyses. NR 149.19 NoteNote: Links to 40 CFR Part 141 can be found on the Wisconsin department of natural resources laboratory accreditation program website. NR 149.19 NoteNote: Links to 40 CFR Part 141 can be found on the Wisconsin department of natural resources laboratory accreditation program website and are available for inspection at the offices of the department and the legislative reference bureau. NR 149.19(4)(a)(a) To receive and maintain certification to conduct analyses of vinyl chloride, the laboratory shall achieve a MDL no greater than 0.0002 mg/L for each accredited method. NR 149.19(4)(b)(b) Each laboratory shall successfully analyze at least one PT sample annually for each accredited method according to criteria specified in 40 CFR 141.24 (f) (17) (ii) (B). Vinyl chloride is evaluated separately from the other regulated volatile organic compounds and certification for the regulated volatile organic compounds requires successful analysis of vinyl chloride in addition to requirements for the other regulated volatile organic compounds. NR 149.19 NoteNote: Links to 40 CFR Part 141 can be found on the Wisconsin department of natural resources laboratory accreditation program website and are available for inspection at the offices of the department and the legislative reference bureau. NR 149.19(5)(5) Requirements for other volatile organic compounds. NR 149.19(5)(a)(a) To receive and maintain certification to conduct analyses of volatile organic compounds, excluding vinyl chloride, the laboratory shall achieve MDLs no greater than 0.0005 mg/L for all regulated volatile organic compounds for each accredited method. NR 149.19(5)(b)(b) Each laboratory shall successfully analyze at least one PT sample annually for each accredited method according to criteria specified in 40 CFR 141.24 (f) (17) (i) (B). Excluding vinyl chloride, a laboratory may be certified for all volatile organic compounds if the laboratory successfully analyzes at least 80% of the regulated volatile organic compounds. NR 149.19 NoteNote: Some PT sample providers include the trihalomethanes in the sample for regulated volatile organic compounds. Trihalomethanes are not considered part of the “80%” rule. To be accredited for the regulated volatile organic compounds, vinyl chloride and 16 of the remaining 20 regulated volatile organic compounds are to pass in each PT sample.
NR 149.19 NoteNote: Links to 40 CFR Part 141 can be found on the Wisconsin department of natural resources laboratory accreditation program website and are available for inspection at the offices of the department and the legislative reference bureau. NR 149.19(6)(6) Requirements for synthetic organic contaminants. NR 149.19(6)(a)(a) To receive and maintain certification to conduct analyses of synthetic organic contaminants, the laboratory shall achieve MDLs no greater than the MDLs specified in 40 CFR 141.24 (h) (18) for each accredited method. NR 149.19 NoteNote: Links to 40 CFR Part 141 can be found on the Wisconsin department of natural resources laboratory accreditation program website and are available for inspection at the offices of the department and the legislative reference bureau. NR 149.19 NoteNote: Links to 40 CFR Part 141 can be found on the Wisconsin department of natural resources laboratory accreditation program website and are available for inspection at the offices of the department and the legislative reference bureau. NR 149.19(7)(a)(a) To receive and maintain certification to conduct analyses of disinfection by-products, the laboratory shall meet the requirements specified in 40 CFR 141.131 (b) (2) (iv) for each accredited method. To receive certification to conduct analyses of trihalomethanes, the laboratory shall achieve MDLs no greater than 0.0005 mg/L for each regulated analyte for each accredited method. NR 149.19 NoteNote: Links to 40 CFR Part 141 can be found on the Wisconsin department of natural resources laboratory accreditation program website and are available for inspection at the offices of the department and the legislative reference bureau. NR 149.19(7)(b)(b) For the haloacetic acid and trihalomethane PT samples, laboratories shall pass 80%, or 4 of the analytes present in each PT sample. NR 149.19(8)(8) Failed PT samples. The department may not renew the accreditation for analytes for which the laboratory fails consecutive PT samples. NR 149.19(9)(9) Certification exemptions. Certification is not required to perform any of the following analyses: NR 149.19 HistoryHistory: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21; (1) (title), (8) (title) created under s. 13.92 (4) (4) (b) 2., Stats., Register February 2021 No. 782. NR 149.20NR 149.20 Requirements for whole effluent toxicity testing. All the following apply to laboratories accredited to perform whole effluent toxicity testing: NR 149.20(1)(1) Acute and chronic whole effluent toxicity testing by species. Laboratories analyzing whole effluents for acute and chronic toxicity for a given species shall follow the quality control requirements referenced in the “State of Wisconsin Aquatic Life Toxicity Testing Methods Manual,” as updated. NR 149.20 NoteNote: Links to the ”State of Wisconsin Aquatic Life Toxicity Testing Methods Manual,” can be found on the Wisconsin department of natural resources laboratory accreditation program website and are available for inspection at the offices of the department and the legislative reference bureau.
NR 149.20(2)(2) Accreditation requirements for chemical testing in support of whole effluent toxicity testing. Water chemistry testing performed in support of whole effluent toxicity testing for ammonia, alkalinity, hardness, pH, dissolved oxygen, conductivity, and total residual chlorine do not require separate accreditation under this chapter. NR 149.20 HistoryHistory: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.21NR 149.21 Fees. The department shall establish fees for laboratories participating in the laboratory accreditation program. These costs include those associated with laboratory evaluations, discretionary acceptance of data, reciprocity, training, and collection of fees. Fees may not be prorated and, except for overpayment, are not refundable. NR 149.21(1)(a)(a) The laboratory accreditation program’s total fee income shall be designed to generate revenues equal to the costs of administering this chapter. Any amendments to the formulas in this subsection shall be reviewed by the council prior to being proposed as rule amendments. NR 149.21(1)(b)(b) The department may adjust the fee schedule according to the formulas in this subsection and the relative value unit items specified in Tables 1, 2, and 3. Annual fee adjustments shall be reviewed by the council and approved annually by the natural resources board. NR 149.21(1)(c)(c) The following formulas shall be used to generate and adjust the laboratory accreditation program’s fee schedule: NR 149.21(1)(c)1.1. Fee Revenue Required = Projected Laboratory Accreditation Program Expenses - (Application Fees + Travel Reimbursement) NR 149.21(1)(c)1.a.a. Fee Revenue Required is the total amount of revenue which shall be collected via fees to cover all laboratory accreditation program costs. NR 149.21(1)(c)1.b.b. “Laboratory Accreditation Program Expenses” is the sum of all anticipated laboratory accreditation program expenses including salary, fringes, evaluation travel costs, supplies, and services. This includes travel costs for evaluation of out-of-state labs which are required to reimburse the laboratory accreditation program for laboratory evaluation travel costs. Application Fee revenues are excluded from the Fee Revenue required because the application fee revenues are variable and collected independently throughout an accreditation period. NR 149.21 NoteNote: “Laboratory accreditation program expenses” may not exceed the legislature’s approved spending authority for the laboratory accreditation program in a fiscal year. The department of administration approved spending authority is given in s. 20.370 (9) (fj), Stats., and may be revised by the department of administration to recover laboratory accreditation program cost. NR 149.21(1)(c)1.c.c. Application Fees is a three-year moving average of application fees received for the three most recent fiscal years. NR 149.21(1)(c)1.d.d. Travel Reimbursement is a three-year moving average of out-of-state travel reimbursements for the three most recent fiscal years. Laboratory accreditation program costs related to travel for out-of-state audits are negated because the department recovers these costs directly from each lab. NR 149.21 NoteNote: For example, given the following,
NR 149.21 NoteProjected Laboratory Accreditation Program Expenses = $612,121
NR 149.21 NoteApplication Fees (three-year average) = $31,681
NR 149.21 NoteTravel Reimbursement (three-year average) = $17,079
NR 149.21 NoteFee Revenue Required would be $612,121 - ($31,681 + $17,079) = $563,361.
NR 149.21(1)(c)2.a.a. Total # RV Units is the total number of RV units available for the fiscal year. It is the mechanism by which fees are distributed to individual laboratories. NR 149.21(1)(c)2.b.b. “# Laboratories in item” is a count of how many laboratories will be assessed the fee for that item for a fiscal year, based on accreditations currently held. NR 149.21(1)(c)2.c.c. The RV units for each fee item, “RV of item,” are listed in Table 3. The total number of RV units is the sum of all base fee RV, matrix fee RV, and technology or class fee RV. NR 149.21 NoteNote: For example, given the following,
NR 149.21 NoteBase RV: # Labs Registered (5 RV) = 225; # Labs Certified (10 RV) = 141;
NR 149.21 NoteMatrix RV = 341 Aqueous, 71 Solid, and 43 Drinking water.
NR 149.21 NoteTechnology/Class RV= 2612 Aqueous, 943 Solid, and 575 Drinking water.
NR 149.21 NoteBase Fee RV Units = (225 x 5) + (141 x 10) = 2535
NR 149.21 NoteMatrix RV Units = (341+ 71+43) = 455 x 5 RV/Matrix = 2275
NR 149.21 NoteTechnology/Class RV Units = (2612+ 943+575) = 4130 RV
NR 149.21 NoteTotal # RV Units = 2535 + 2275 + 4130 = 8940 RV Units.
NR 149.21(1)(c)3.3. Cost per RV = Fee Revenue Required / Total # RV Units. The Cost per RV is the dollar value assigned to one RV unit and is used to establish all fees for items in Table 3 of this section. The cost per RV is rounded to the nearest $0.50 to simplify fee statements. NR 149.21 NoteNote: For example, given the following,
NR 149.21 NoteFee Revenue Required = $563,361
NR 149.21 NoteTotal # RV Units = 8940 RVU
NR 149.21 NoteCost per RV ($/RV) = $563,361 / 8940 RVU = $63.01/RV Units; rounded to the nearest $0.50 = $63.00/RV Units.
NR 149.21(1)(c)4.4. Laboratory fees = (# RV units for a given laboratory) x (Cost per RV). The sum of base, matrix, technology, and class fees for a given laboratory is multiplied by the cost per RV to determine the fee for each laboratory. Any outstanding administrative fees may also be added. NR 149.21 NoteNote: For example, given the following for Pinestump Wastewater Treatment Plant Laboratory,
NR 149.21 NoteBase RV: 5 (registered)
NR 149.21 NoteMatrix RV =5 (aqueous matrix only)
NR 149.21 NoteTechnology/Class RV= 4 (Oxygen Demand Assays = 3 RV; Gravimetric Assays - Residue = 1 RVU).
NR 149.21 NoteTotal # RV Units = 5 + 5 + 4 = 14 RV Units
NR 149.21 NoteLaboratory fee = 14 RV Units x $63.00/RV Units = $882.00.
