NR 149.19(9)
(9) C
ertification exemptions. Certification is not required to perform any of the following analyses:
NR 149.19 History
History: 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 149.20
NR 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 Note
Note:
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 History
History: CR 17-046: cr. Register February 2021 No. 782, eff. 6-29-21. NR 149.21
NR 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 Note
Note:
“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 Note
Note:
For example, given the following,
NR 149.21 Note
Projected Laboratory Accreditation Program Expenses = $612,121
NR 149.21 Note
Application Fees (three-year average) = $31,681
NR 149.21 Note
Travel Reimbursement (three-year average) = $17,079
NR 149.21 Note
Fee 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 Note
Note:
For example, given the following,
NR 149.21 Note
Base RV: # Labs Registered (5 RV) = 225; # Labs Certified (10 RV) = 141;
NR 149.21 Note
Matrix RV = 341 Aqueous, 71 Solid, and 43 Drinking water.
NR 149.21 Note
Technology/Class RV= 2612 Aqueous, 943 Solid, and 575 Drinking water.
NR 149.21 Note
Base Fee RV Units = (225 x 5) + (141 x 10) = 2535
NR 149.21 Note
Matrix RV Units = (341+ 71+43) = 455 x 5 RV/Matrix = 2275
NR 149.21 Note
Technology/Class RV Units = (2612+ 943+575) = 4130 RV
NR 149.21 Note
Total # 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 Note
Note:
For example, given the following,
NR 149.21 Note
Fee Revenue Required = $563,361
NR 149.21 Note
Total # RV Units = 8940 RVU
NR 149.21 Note
Cost per RV ($/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 Note
Note:
For example, given the following for Pinestump Wastewater Treatment Plant Laboratory,
NR 149.21 Note
Base RV: 5 (registered)
NR 149.21 Note
Matrix RV =5 (aqueous matrix only)
NR 149.21 Note
Technology/Class RV= 4 (Oxygen Demand Assays = 3 RV; Gravimetric Assays - Residue = 1 RVU).
NR 149.21 Note
Total # RV Units = 5 + 5 + 4 = 14 RV Units
NR 149.21 Note
Laboratory fee = 14 RV Units x $63.00/RV Units = $882.00.
NR 149.21(2)
(2)
Administrative fees. The department shall assess fees to recover the cost of specified administrative functions specified in this section, Table 1. Any outstanding administrative fees may be included as part of the annual fee.
1 Out-of-state laboratories may be required to reimburse the laboratory accreditation program for travel costs incurred by the cancellation or postponement of an evaluation, including airfare, hotel, and rental car expenses.
2 Assessed 30 days after payment due date.
NR 149.21(3)(a)(a) The department shall assess fees for all applications specified in this section, Table 2.
NR 149.21(3)(b)
(b) The fee for an application also includes matrix and technology or class fees when a laboratory applies for a new matrix, technology, or class. The matrix fee is not required if a laboratory is applying for additional technologies or analytes within a matrix for which the lab already holds accreditation. Technology fees are not required if a laboratory already holds accreditation for that matrix and technology or matrix and class, for drinking water combination.
NR 149.21 Note
Note:
Example – The application fee for a laboratory applying to add ammonia by colorimetry under the aqueous matrix is based on only the number of RV units for a revised application since the lab has already paid for the aqueous matrix and colorimetry technology as part of its renewal fees.
NR 149.21(3)(c)
(c) Application fees are not refundable in either whole or part.
NR 149.21(3)(d)
(d) If an application is not completed within a single fiscal year, the department may adjust the fees on the application to recover the difference in fees between the year the application was submitted and the year the application was completed. The laboratory shall pay this difference prior to receiving accreditations.
NR 149.21(4)
(4)
Annual fees. The department shall assess an annual fee to each laboratory holding accreditations under this chapter either directly or through agreements. A laboratory's annual fee shall be the sum of all the following:
NR 149.21(4)(a)
(a) The base fees for accreditation. The department shall assess a base fee to all laboratories holding accreditations under this chapter. The number of RV units assigned to each type of base fee is specified in Table 3 of this subchapter.
NR 149.21(4)(b)
(b) The matrix fees. The department shall assess a fee per matrix type to all accredited laboratories. The number of RV units assigned to each type of matrix fee is specified in this section, Table 3.
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.
