NR 149.22 HistoryHistory: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.23NR 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 HistoryHistory: 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 149.24NR 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 NoteNote: 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 NoteNote: 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 HistoryHistory: 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 149.25NR 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 NoteNote: 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 HistoryHistory: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.26NR 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 NoteNote: 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 HistoryHistory: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.27NR 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 NoteNote: 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 NoteNote: 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 HistoryHistory: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.28NR 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. NR 149.28(2)(2) Drinking water. If a certified laboratory does not meet the acceptance limits that have been established by the department, the department shall require the laboratory to analyze a second PT sample and may require the laboratory to submit a corrective action report. If the results of the second sample do not meet the acceptance limits, the department may not renew the laboratory’s certification and may revoke the laboratory’s certification as specified in s. NR 149.10. To reinstate the certification for the affected method-analyte or analyte group, the laboratory shall submit a revised application, pay the revised application fee, and provide acceptable results on two subsequent and consecutive PT sample studies for that method-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. NR 149.28 HistoryHistory: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.29NR 149.29 Purpose, type, and frequency. NR 149.29(1)(1) The department shall perform on-site evaluations to determine a laboratory’s potential, actual, or continued ability to comply with the provisions of this chapter. NR 149.29(2)(2) The department shall conduct announced on-site evaluations of laboratories once every three years and when any of the following occurs: NR 149.29(2)(a)(a) A laboratory applies to become certified or registered in any field of accreditation unless the department waives the requirement to perform an on-site evaluation. When the department does not waive an evaluation, the evaluation shall be performed within 90 days after the department determines that a received application is complete. NR 149.29(2)(b)(b) A laboratory changes its location, ownership or key personnel, unless the department waives the requirement to perform an on-site evaluation. When the department does not waive an evaluation, the evaluation shall be performed within 90 days after the department receives notification of these changes. NR 149.29(2)(c)(c) The department determines that an on-site evaluation is necessary to verify corrective action implemented by a laboratory to address deficiencies identified in a previous on-site evaluation. NR 149.29(2)(d)(d) The department has reason to believe that a laboratory is not in compliance with this chapter. NR 149.29(3)(3) The department may conduct unannounced on-site evaluations of a laboratory to verify compliance with this chapter after a notice of violation has been issued to a laboratory. NR 149.29 HistoryHistory: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register February 2021 No. 782. NR 149.30NR 149.30 Evaluation procedures and appraisal. NR 149.30(1)(1) The department shall perform on-site evaluations of laboratories to evaluate systems, practices, procedures, and documentation in a laboratory and to identify deficiencies according to documented procedures that promote consistency in determining a laboratory’s potential, actual, or continued ability to comply with this chapter. NR 149.30(2)(2) If, in performing an on-site evaluation, the department finds that the laboratory is implementing a procedure that is neither allowed nor disallowed by method or this chapter, the department will assess the scientific validity of the procedure. The department may seek the advice of the council in making determinations under this subsection. NR 149.30(3)(3) The department shall provide laboratories with a survey to allow them to appraise the evaluation process. NR 149.30 HistoryHistory: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2021 No. 782.
