To compare fees between the states, we used an average annual proposed fee for the 30 largest commercial laboratories as one category, and used a wastewater laboratory certified for BOD, TSS, Ammonia, and Phosphorous as an indicator of the typical wastewater laboratory fee. Using these two categories, Wisconsin proposed fees are $5,311/$1,114 for commercial/wastewater laboratories. Illinois assesses $8,400/$3,400 annually for these same types of laboratories. Minnesota's fees are $10,900/$1,800. Iowa's fees are lower than WI's for wastewater laboratories, but higher for commercial laboratories ($10,800/$800). Michigan charges $6,729 for certification of drinking water laboratories; no certification for wastewater laboratories is required.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
To create this proposed rule, the Department engaged in a structured process to seek input from all stakeholders. The core of this effort consisted in convening a rule revision advisory committee (RAC) composed of all the members of the Certification Standards Review Council, a body authorized by s. 15.107 (1), Stats. The following constituencies were represented in the NR 149 RAC: • Small and Large Municipal Wastewater Treatment Plants
• Commercial Laboratories
• Industrial Laboratories
• Wisconsin Environmental Laboratories Association (WELA)
• Municipal Environmental Group (MEG)
• Wisconsin State Laboratory of Hygiene
• Laboratory Certification and Registration Program
The NR 149 RAC envisioned a code that had greater specificity without sacrificing flexibility and alternatives for compliance. Over the course of approximately 20 meetings held from January 2014 to April 2017, the NR 149 RAC offered advice and guidance on every aspect of the Certification and Registration Program. Meetings were facilitated by program staff. The agreements reached were captured in standardized documents reviewed and endorsed by the NR 149 RAC. These documents were used in drafting specific language included in the proposed rule.
The NR 149 RAC reviewed a complete draft of the proposed chapter in March 2017. The comments received and the input received by the Certification and Registration Program and other Department programs are reflected in this proposed rule.
The following table illustrates the methodologies and data considered in producing this proposed rule:
Methodology | Data Considered |
Advisory Committee | Input from all stakeholders on all aspects of the Laboratory Certification and Registration Program. |
Decision Making Rule | NR 149 RAC made decisions by reaching substantial agreement and when necessary, registering consensus. |
Topic Prompters | Captured decisions made by NR 149 RAC on program administration, program structure, certification and registration process, proficiency testing, on-site laboratory evaluations and quality control. |
Model Documents | Alternatives for certification and registration structure, fee structure, applications, and quality systems. |
Comparative Analysis | Scope of certification and registration of current laboratories in the program to arrive at equitable fee structure. Analytical technologies were assessed and assigned a fee based on relative workload to evaluate them. Fee structure and assessments of certification programs in other states. |
Feasibility | Certification and covered program staff reviewed changes endorsed by RAC to determine feasibility of implementation. |
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
In order to be equitable and efficient to all laboratories, the new fee schedule attempts to match the time spent by WDNR staff during laboratory inspections to fees paid (RVU’s) by removing the restrictive cap on the fees that larger laboratories are required to pay.
In terms of cost of certification, only 32% of commercial laboratories are expected to see a fee increase. The average fee increase for the commercial laboratories that are projected to see a fee increase, is estimated to be $947 per laboratory per year. The rest of the commercial laboratories (68%) are projected to see a decrease in fees paid per year. On average these commercial laboratories will see an estimated $124 per laboratory per year decrease in fees. One industrial laboratory will see an annual increase of $310. The remaining 49 industrial laboratories will see an estimated $56 decrease in fees per laboratory per year.
10. Effect on Small Business (initial regulatory flexibility analysis):
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.
