Small business laboratories are not likely to change their scope of certification under the proposed certification structure, as long as the costs for maintaining those certifications do not increase dramatically. In general, the proposed rule maintains these costs as in check.
When given options for quality control analyses that could reduce operation costs, laboratories are selective and respond that cost is not the sole determinant in selecting an option. Some small businesses are likely to continue to choose existing more costly practices and may need to be educated in selecting valid and more economical alternatives.
Most operating costs in laboratories are associated with maintaining staff to perform analyses. The proposed rule does not require increases in staff to ensure compliance with it.
The Department concludes that the proposed rule provides flexibility in meeting many of its requirements. Small businesses may be able to realize some savings in implementing the proposed rule by judiciously selecting among the options contained in it. The specificity and flexibility contained in the proposed rule bring equity and uniformity to all laboratory operations and are likely to increase the competitiveness of small laboratories providing analytical services in and out of state.
11. Agency Contact Person:
Tom Trainor
Certification Services/BEAS
920-412-5970
WDNR
2984 Shawano Avenue
Green Bay, WI 54313
12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax or email to:
Same as above
Deadline for comments: July 12, 2017
Hearing Information
Date: 7.10.17
Time: 11:00 – 12:00 AM
Locations:
DNR – 101 S. Webster, St, Room 708, Madison, WI
DNR – 2984 Shawano Avenue, Room 113 (Whitetail), Green Bay, WI
DNR – 1300 W Clairemont, Paddlefish Room, Eau Claire, WI 54701
The consent of the Attorney General will be requested for the incorporation by reference of
[See pdf for correctly formatted document.]
Section 1 NR 149 is repealed and recreated to read:
SUBCHAPTER I - GENERAL PROVISIONS
NR 149.01 Purpose. The purpose of this chapter is to establish a program for the accreditation of laboratories performing testing under s. 299.11, Stats. NR 149.02 Applicability. (1) This chapter specifies requirements for the administration of the laboratory accreditation program by the department.
(2) Unless otherwise exempted in this section, this chapter applies to all of the following:
(a)
Laboratories applying for accreditation.(b)
Laboratories holding an accreditation.(c)
Laboratories submitting data to the department for a covered program.(d)
Laboratories generating data that is necessary for the department to determine compliance with a covered program.Note: Administrative codes and covered programs requiring analyses to be performed by an accredited laboratory are chs. NR 106 – Procedures For Calculating Water Quality Based Effluent Limitations For Point Source Discharges To Surface Waters, 110 – Sewerage Systems, 123 – Well Compensation Program, 131 – Nonferrous Metallic Mineral Prospecting, 132 – Nonferrous Metallic Mineral Mining, 140 – Groundwater Quality, 150 – Environmental Analysis and Review Procedures, 153 – Targeted Runoff Management And Notice Of Discharge Grant Programs, 155 – Urban Nonpoint Source Water Pollution Abatement And Storm Water Management Grant Program, 157 – Management of Pcbs and Products Containing Pcbs, 182 – Nonferrous Metallic Mineral Mining Wastes, 200 – Application For Discharge Permits And Water Quality Standards Variances, 206 – Land Disposal of Municipal and Domestic Wastewaters, 210 – Sewage Treatment Works, 211 – General Pretreatment Requirements, 212 – Waste Load Allocated Water Quality Related Effluent Limitations, 214 – Land Treatment of Industrial Liquid Wastes, By-Product Solids And Sludges, 216 – Storm Water Discharge Permits, 219 – Analytical Test Methods and Procedures, 347 – Sediment Sampling and Analysis, Monitoring Protocol And Disposal Criteria For Dredging Projects, 507 – Environmental Monitoring for Landfills, 528 - Management of Accumulated Sediment from Storm Water Management Structures, 662 – Hazardous Waste Generator Standards, 664 – Hazardous Waste Treatment, Storage and Disposal Facility Standards, 665 – Interim License Hazardous Waste Treatment, Storage and Disposal Facility Standards, 700 – General Requirements, 712 – Personnel Qualifications For Conducting Environmental Response Actions, 716 –Site Investigations, 738 – Temporary Emergency Water Supplies, 747 – Petroleum Environmental Cleanup Fund, 809 – Safe Drinking Water, 810 – Requirements For The Operation And Design of Community Water Systems, 811 – Requirements For The Operation and Design Of Community Water Systems, 812 – Well Construction And Pump Installation and 845 – County Administration of NR 812 Private Wells Code. Note: Links to the codes specified above can be found on the Wisconsin department of natural resources laboratory accreditation program website.
(3) Laboratories performing analyses for the safe drinking water program under ch. NR 809 or for the well construction and pump installation testing program under ch. NR 812 shall be certified; registration is not available for these analyses. Additional requirements for laboratories performing compliance analysis under chs. NR 809 and 812 are specified in s. NR 149.19. (4) Laboratories performing analysis for whole effluent toxicity testing shall meet the requirements specified in s. NR 149.20. (5) This chapter applies to laboratories analyzing industrial pre-treatment samples when the department is the control authority of a pre-treatment ordinance or when another control authority requires it.
(6) Laboratories performing asbestos or radiological testing for a covered program shall be certified or approved by the EPA or the department.
Note: Laboratories performing bacteriological testing for a covered program are certified or approved under ch. ATCP 77 by the department of agriculture, trade, and consumer protection. (7) (a) This chapter establishes compliance requirements that shall be incorporated into the quality systems of all laboratories accredited by the laboratory accreditation program.
(b)
Laboratories shall meet any requirements pertaining to analyses and analytical operations contained in the methods, regulations, or covered programs when those requirements are more stringent than the ones specified in this chapter, unless this chapter grants explicit, alternative allowances.(c)
When it is not apparent whether the minimum requirements of this chapter or those specified in the methods, regulations, or covered programs are more stringent, laboratories shall meet the requirements in the methods, regulations, or covered programs.(d) The department shall retain the authority to make a decision on the stringency of a laboratory requirement when the applicability of a requirement is disputed.
(e) The order of applicability of a requirement is method, code, and statute, whenever each succeeding source contains more general or less stringent requirements that are not in conflict.
(f) When a laboratory incorporates a procedure that is neither expressly permitted nor prohibited by the method, the department shall retain the authority to determine the acceptability of the practice.
NR 149.03 Definitions. In this chapter:
(1) “Acceptance limits” means limits established by the department that are used to determine if a laboratory has analyzed a proficiency testing sample successfully.
(2) “Accreditation” and “accredited” mean formal recognition that an organization is competent to perform specific types of tests as determined by this department. “Accreditation” and “accredited” include “certification” and “registration”.
(3) “Accreditation matrix” means a matrix type that is part of the first tier of a field of accreditation under s. NR 149.13 (2). Accreditation matrices are drinking water, aqueous, and non-aqueous matrices.
