WSR 18-03-175
PROPOSED RULES
STATE BOARD OF HEALTH
[Filed January 24, 2018, 7:37 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-23-077.
Title of Rule and Other Identifying Information: Chapter 246-390 WAC, Drinking water laboratory certification and data reporting. The purpose is to (1) repeal duplicative certification requirements in this chapter which are now covered in the department of ecology's (ecology) accreditation of environmental laboratories, chapter 173-50 WAC; (2) add reporting requirements for labs to send analytical data results to public water systems and the department of health (department); and (3) adopt into the chapter (by reference), lab guidance and test panel templates for submitting written and electronic analytical data results.
Hearing Location(s): On March 14, 2018, at 1:30 p.m., at the Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501, https://www.doh.wa.gov/AboutUs/BusinessHoursandLocations/TumwaterPointPlazaEast.
Date of Intended Adoption: March 14, 2018.
Submit Written Comments to: Theresa Phillips, Rules Project Manager, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, email https://fortress.wa.gov/doh/policyreview, https://www.doh.wa.gov/CommunityandEnvironment/DrinkingWater/RegulationandCompliance/RuleMaking, by February 27, 2018.
Assistance for Persons with Disabilities: Contact Melanie Hisaw, phone 360-236-4104, TTY 360-833-6388 or 711, email melanie.hisaw@sboh.wa.gov, by February 28, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal makes necessary amendments to chapter 246-390 WAC to remove certification requirements that are under ecology's rule, chapter 173-50 WAC, and to add reporting requirements to assure consistent and reliable reporting of analytical data results from labs to public water systems and the department. The proposal will enable public water systems and the department to respond quickly to drinking water quality problems and protect public health when contaminants are detected.
Reasons Supporting Proposal: The department and ecology established a cooperative program for certifying labs. Ecology carries out the evaluation and certification of drinking water labs, while the department maintains an oversight role under a primacy agreement with the United States Environmental Protection Agency (EPA). Ecology's rules do not contain provisions specifying reporting requirements. This proposal is necessary to assure consistent and reliable reporting of data and to improve the department's ability to assure public health protection.
Statutory Authority for Adoption: RCW 43.20.050 and 70.119A.080.
Statute Being Implemented: RCW 43.20.050 and 70.119A.080.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state board of health, governmental.
Name of Agency Personnel Responsible for Drafting: Theresa Phillips, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-3147; Implementation and Enforcement: Derrick Dennis, 243 Israel Road S.E., Tumwater, WA 98501, 360-236-3122.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Theresa Phillips, Rules Project Manager, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, phone 360-236-3147, TTY 360-833-6388 or 711, email theresa.phillips@doh.wa.gov, https://www.doh.wa.gov/CommunityandEnvironment/DrinkingWater/RegulationandCompliance/RuleMaking.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; rule content is explicitly and specifically dictated by statute; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
Is exempt under RCW 34.05.328.
Explanation of exemptions: WAC 246-390-001 and 246-390-040 are exempt under RCW 34.05.310 (4)(d) because the proposed rule clarifies language of the rule without changing its effect. WAC 246-390-050, 246-390-060 and 246-390-070 are exempt under RCW 34.05.310 (4)(e) because the proposed rule repeals these sections which are under the authority of ecology. WAC 246-390-100 is exempt because the proposed rule is procedural. WAC 246-390-990 is exempt under RCW 34.05.310 (4)(f) because the fees no longer apply.
The proposed rule does impose more-than-minor costs on businesses. In November 2002, the department transferred implementation of the drinking water lab certification program to ecology through a memorandum of understanding (MOU). Under the MOU, ecology carries out the evaluation and certification of drinking water labs, while the department maintains an oversight role per our primacy agreement with EPA.
As a result of the MOU with ecology to certify environmental labs for drinking water analytes, ecology adopted rules for certifying labs under chapter 173-50 WAC, Accreditation of environmental laboratories, to include drinking water analysis. However, ecology's rule does not contain provisions specifying reporting requirements for drinking water sample results to the department. Amending the state board of health's (board) rule to include reporting requirements is [are] necessary to assure consistent and reliable reporting of data to enable water systems to respond quickly to water quality problems, and to improve the department's ability to assure public health protection. The board initiated rule making to be consistent with the functional changes brought by the transfer of the certification program to ecology, and to add reporting requirements to chapter 246-390 WAC, Drinking water certification rules.
The proposed rule making will:
(1) Remove duplicative certification requirements in ecology's rule with the board's rule to clarify the roles and responsibilities of each agency;
(2) Establish reporting requirements to ensure accurate, consistent, and timely reporting of drinking water sample analysis results; and
(3) Rename the rule chapter to better reflect its purpose "drinking water laboratory certification and data reporting."
The proposed rule affects labs that are certified to analyze drinking water samples. The proposed revisions to this chapter adopt specific requirements from the Group A rule and federal requirements. The Manual for the Certification of Laboratories Analyzing Drinking Water, Fifth Edition, EPA 815-R-05-004, January 2005, specifically applies to how labs obtain certification, how they maintain certification, and how they may lose certification. 40 C.F.R. Parts 141 and 143 lists EPA-approved drinking water analytical methods for individual analytes as well as the achievable minimum detection limits of each method, known in this chapter as "state detection reporting limits."
Many of the labs have a database, Laboratory Information Management Systems (LIMS), which they use to manage environmental samples from sample receipt, analysis, and sample reporting and billing. Some of the proposed requirements will require labs to reprogram some of the features of their LIMS. This may need the assistance of IT support from the LIMS vendor to program their systems and incur additional costs (analyzed below) for beta testing the system changes.
The following North American Industry Classification System (NAICS) codes identify which businesses are required to comply with the proposed rules and what the minor cost thresholds are.
NAICS Code 541380, business description "testing laboratories," number of businesses in Washington "188," minor cost threshold equals one percent of average annual payroll "$10,022.18," from 2015 NAICS Data, United States Census Bureau.
NAICS Code 541380, business description "testing laboratories," number of businesses in Washington "177," minor cost threshold equals .3 percent of average annual receipts "$5,990.46," from 2012 United States Census, 188,417,000, 177.353,437
To analyze the probable costs of compliance and to gauge the potential impact of the proposed rule, the department surveyed all one hundred twenty-five labs that are currently licensed. The department received twenty-seven responses to the survey. Fourteen labs indicated that they would have no costs to comply with the proposed rule. Labs provided cost estimates for three categories of costs: One-time costs, annual costs, and unit costs (which is the estimated cost to complete an activity once). Neither the labs nor the department are capable of estimating the frequency or total amount of "unit cost" events, thus these costs are identified but indeterminate in the cumulative sense. 
Thirteen labs indicated that they would have a cost to comply with the proposed rule. The total cost of the rule for these respondents was $432,962 ($128,343 for one-time costs and $304,620 for annual costs). Lab costs ranged from $97 to $289,105, and had an average cost of $16,081 for all twenty-seven respondents. After removing one outlier respondent (an estimated cost of $289,105), the average cost of the proposed rule was $5,571 per lab (for the remaining twenty-six respondents). These estimates do not include unit costs, which ranged from $5 to $300 for the eight labs that reported unit costs.
For the respondents that indicated a cost to comply with the proposed rule, each indicated that they would incur costs in at least one, or more typically several, of the cost categories listed above (i.e., equipment, supplies, labor, professional services and administrative costs).
In our original draft rule that we sent out surveys for, we had stated if a lab could analyze organic chemical samples and accurately report results lower than our state detection reporting levels (SDRL) that we wanted the labs to report to a quantified number to the department and not just a nondetect at the SDRL. One lab indicated they would incur a loss of annual revenue of $80,000, due to public water system purveyors "shopping around" for a lab that would only report down to the department's SDRL. Essentially, that public water system would receive more nondetects for analytes if the lab only reported a quantified number down to the SDRL. Since then we have updated the proposed rule to require all labs to report to the SDRL only and any detection below the SDRL would be reported to the department as a nondetect. Department staff spoke with this lab after the revised survey had been sent out to labs and this lab stated that their costs would not change.
Based on the results of the survey, the department determined that the proposed rule will impose more than minor costs on lab testing businesses. The minor cost thresholds are $10,022.18 for the one percent average annual payroll threshold and $5,990.46 for the .03 percent average annual receipts (sales) threshold. Several businesses indicated that they would incur costs that exceed these thresholds.
A majority of lab testing businesses are classified as small businesses (fifty or less employees). Based on the results of the survey, several of the small businesses reported the highest cost estimates, greater than the three "large" labs. Using the cost per employee comparison method, the department determined that the rule will have a disproportionate impact on small businesses compared to the ten percent of businesses that are the largest businesses required to comply with the proposed rule.
The department consider[ed] each of the methods in RCW 19.85.030 that could possibly reduce the impact of the proposed rule on small businesses.
When considering alternative versions of the proposed rule, the department was aware and concerned with the potential impact of the rule to the lab industry, particularly the smaller labs. The department attempted to propose requirements that are the least "impacting" that would accomplish the intent (to ensure labs are accurately, effectively and efficiently processing (testing and reporting results)) of water quality data samples. Similarly, the department identified the minimum level of recordkeeping and reporting requirements needed for the labs to report results of samples to the water systems, other labs, if applicable, and the department. The department's concern with the potential impact of the rules resulted in the department revising the proposed rule (see alternatives considered in section 6 of the significant analysis for more details). Labs indicated that these changes ultimately lowered the impact of the proposed rule. The other prescribed methods to reduce the impact are not applicable to the proposed rule.
The department has coordinated with EPA and ecology as well as extensive work with stakeholder groups, including small businesses, during the development of this proposed rule. Throughout the rule-making process, the department has held several workshops to discuss the draft changes and get feedback from stakeholders (both labs and public water systems) at conferences and meetings at various locations across Washington. The department held four separate informal comment periods to solicit feedback from certified labs and public water systems. During the last informal comment period, the department held workshops in Yakima, Kent and Tumwater to present the draft rule, guidance and test panel templates to get feedback from drinking water labs and public water systems. The workshops were well attended and stakeholders provided valuable feedback which resulted in improvement to the proposed rule. The department also made the information available on the web and sent emails to a broad audience of interested parties.  
To obtain cost estimates for the proposed rule changes, the department surveyed all certified labs (approximately one hundred twenty-five labs) that analyze drinking water samples for public water systems. For more details on the cost survey process see Section 4 of the significant analysis.
In addition to the stakeholder work, the department has held regular meetings throughout this rule-making process with ecology's lab certification program staff, EPA Region 10 staff, and the department appointed principal labs to solicit feedback on the proposed rule.
Based on the survey results, respondents did not indicate that they would have to hire (create) or fire (terminate) staff as a result of the proposed rule.
The public may obtain a copy of the small business economic impact statement or the detailed cost calculations by contacting Theresa Phillips, Rules Project Manager, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, phone 360-236-3147, TTY 360-833-6388 or 711, email theresa.phillips@doh.wa.gov, https://www.doh.wa.gov/CommunityandEnvironment/DrinkingWater/RegulationandCompliance/RuleMaking.
January 23, 2018
Michelle A. Davis
Executive Director
Chapter  246-390  WAC
DRINKING WATER LABORATORY CERTIFICATION ((RULES)) AND DATA REPORTING
AMENDATORY SECTION (Amending WSR 92-15-152, filed 7/22/92, effective 8/22/92)
WAC 246-390-001 Purpose((—Objectives)).
(1) The purpose of this chapter is to ((establish a state drinking water program for certification of laboratories analyzing public drinking water under RCW 43.20.050. The certification program is designed to satisfy the intent of the primacy agreement with United States Environmental Protection Agency and the state, in compliance with 40 C.F.R. 142.10, 7/1/90.
(2) The department certification program:
(a) Requires laboratories to demonstrate capability to accurately analyze drinking water samples;
(b) Aids laboratories in improving quality assurance;
(c) Offers technical assistance in all drinking water analyses; and
(d) Fosters cooperation between the state department of health, local health agencies, and operators of laboratories)) set minimum certification and data reporting requirements for environmental laboratories that analyze drinking water samples.
(2) This chapter conforms to EPA primary enforcement responsibility requirements of 40 Code of Federal Regulations (C.F.R.) 142.10 for the certification of laboratories.
(3) Certified laboratories must comply with the requirements of this chapter, chapter 173-50 WAC, and applicable state and federal drinking water laws and regulations.
AMENDATORY SECTION (Amending WSR 92-15-152, filed 7/22/92, effective 8/22/92)
WAC 246-390-010 Definitions, abbreviations, and acronyms.
The definitions, abbreviations, and acronyms in this section ((shall)) apply throughout this chapter, unless the context clearly ((indicated)) indicates otherwise.
(1) (("Administrative Procedure Act" means the adjudicative proceedings governed by chapter 34.05 RCW and chapter 246-08 WAC.
(2) "Analytical data" means the recorded qualitative and/or quantitative results of a chemical, physical, biological, microbiological, or radiological determination.
(3) "Certification" means the formal contractual agreement between the department and the certified laboratory indicating a laboratory is capable of producing accurate analytical data and is authorized to test drinking water compliance samples. The department will issue a certificate to the laboratory indicating the contaminants the laboratory is authorized to analyze. Certification does not guarantee validity of analytical data submitted by a certified laboratory.
(4) "Certification authority" means the designated official or a representative of the official authorized by the department as the head of the certification program.
(5) "Certification manual" means the most recent revision of the procedural and technical criteria of the drinking water certification rules. This document, entitled "Certification Manual for Laboratories Analyzing Washington State Drinking Water," is available from the Department of Health, Public Health Laboratory, Drinking Water Certification Program, 1610 NE 150th St., Seattle, Washington 98155-7224.
(6) "Certification official (CO)" means the designated official authorized by the department to certify drinking water laboratories.
(7) "Compliance sample" means a drinking water sample collected in accordance with WAC 246-290-300 and/or 246-290-320 and submitted to a state certified laboratory for analysis.
(8))) "Acute" means posing an immediate risk to human health.
(2) "Analyte" means the constituent or property of a sample measured using an analytical method for compliance purposes under chapters 246-290 and 246-291 WAC.
(3) "C.F.R." means the Code of Federal Regulations.
(4) "Chronic" means human exposure over many years to a contaminant at levels above the MCL.
(5) "Close of business" means the latest time during a business day when a lab is no longer in routine operation for accepting or performing drinking water sample analysis.
(6) "Confirmation" means an additional sample is analyzed from the same location where a detection has occurred to confirm the detection. The original sample and the confirmation sample are collected and analyzed within a reasonable period of time, generally not to exceed two weeks. Confirmation occurs when the confirmation sample analysis result falls within plus or minus thirty percent of the original sample result. This confirmation analysis is in addition to any analytical method confirmation requirements.
(7) "Contracted lab" means a certified lab that receives a drinking water sample from another certified lab for analysis.
(8) "Contracting lab" means a certified lab that sends a drinking water sample to another certified lab to be analyzed.
(9) "Department" means the Washington state department of health.
(((9) "EMSL-CI" means the EPA Environmental Monitoring and Support Laboratory, Cincinnati, Ohio.
(10) "EMSL-LV" means the EPA Environmental Monitoring System Laboratory, Las Vegas, Nevada.)) (10) "Ecology" means the Washington state department of ecology.
(11) "EPA" means United States Environmental Protection Agency.
(12) (("Intercomparison studies" means a series of cross check samples sent to radiochemistry laboratories by EPA to compare the results between participating laboratories.
(13) "Laboratory" means any facility under the ownership and technical management of a single entity in a single geographical locale. A laboratory is where scientific examinations are performed on drinking water samples.
(14) "Maximum contaminant level (MCL)")) "Estimated concentration" means the level of the analyte reported to the department is above a lab's MDL, but below the lab's MRL.
(13) "GWR" means groundwater rule.
(14) "Lab" or "certified lab" means an environmental lab accredited under chapter 173-50 WAC for one or more drinking water analytes and meets the requirements of this chapter.
(15) "Maximum contaminant level (MCL)" means the maximum permissible level of a contaminant in water ((the purveyor)) that a public water system delivers to ((any public water system user, measured at the location identified under WAC 246-290-300, Table 4.
(15) "Official methods" means methodologies specified by EPA drinking water regulations under 40 C.F.R. 141.21 - 141.30, 141.41 - 141.42, 7/1/90 and approved by the department.
(16) "Parameter" means a single determination or group of related determinations using a specific written official method.
(17) "Performance evaluation (PE)" means an evaluation of the results of analysis of samples from an external testing source whose true values are unknown to the laboratory conducting the analysis. The external testing service must be approved by the department and/or CO if other than EPA sources are used.
(18) "On-site audit" means an on-site inspection performed by the department to determine a laboratory's capabilities and facilities.
(19) "Quality assurance (QA)" means all those planned and systematic actions necessary to provide confidence that an analysis, measurement, or surveillance program produces data of known and defensible quality.
(20) "Quality controls (QC)" means internal written procedures and routine analyses of laboratory reference materials, samples, and blanks to insure precision and accuracy of methodology, equipment and results.
(21) "State advisory level (SAL)" means a department-established value for a chemical without an existing MCL. The SAL represents a level which when exceeded, indicates the need for further assessment to determine if the chemical is an actual or potential threat to human health)) consumers. MCLs are established in chapters 246-290 and 246-291 WAC.
(16) "Minimum detectable activity (MDA)" means the smallest activity or concentration of radioactive material in a sample that will yield a net count (above sample background) that can be detected with ninety-five percent probability.
(17) "Minimum detection level (MDL)" means the minimum measured concentration of a substance that can be reported with ninety-nine percent confidence that the measured concentration is distinguishable from the method blank results.
(18) "Method reporting limit (MRL)" means the lowest concentration of a standard used for calibration.
(19) "Proficiency testing (PT)" means the evaluation of sample analysis results, the true values of which are known to the supplier of the samples, but unknown to the lab conducting the analysis. PT samples are provided by a source external to the certified lab.
(20) "Public water system" is defined and referenced under WAC 246-290-020 and 246-291-010.
(21) "Quality control (QC)" means a set of measures used during an analytical method to ensure that the process is within specified control parameters.
(22) "State detection reporting limit (SDRL)" means the minimum reportable detection of an analyte as established in Tables 1 through 4 of this chapter.
AMENDATORY SECTION (Amending WSR 92-15-152, filed 7/22/92, effective 8/22/92)
WAC 246-390-030 Certification.
(((1) The department may grant certification to a laboratory after conducting a complete assessment of the laboratory's capabilities, including:
(a) Submission of a completed application;
(b) Submission of the proper fees;
(c) Satisfactory performance on PE studies, and intercomparison samples where necessary;
(d) Submission of an updated QA plan; and
(e) Successful completion of an on-site inspection.
(2) The department may grant less than full certification based on terms and conditions incorporated in the contractual agreement between the laboratory and the department.)) To be certified to analyze drinking water samples, a lab shall:
(1) Be accredited under chapter 173-50 WAC; and
(2) Comply with data reporting requirements under this chapter.
NEW SECTION
WAC 246-390-055 Reporting contracted analytical results.
A contracting lab that contracts with another lab (contracted lab) shall:
(1) Verify that the contracted lab is a certified lab;
(2) Confirm that the contracted lab receives the sample within fourteen calendar days of the contracting lab receiving the sample;
(3) Provide the following information to the contracted lab:
(a) The public water system's department assigned water system identification number;
(b) The name of the public water system;
(c) The date the sample was collected;
(d) The location where the sample was collected;
(e) The public water system's department assigned source identification number;
(f) The purpose for the sample;
(g) The sample composition; and
(h) The sample type.
(4) The contracted lab shall submit to the department a copy of the analytical results following the requirements under WAC 246-390-065 and 246-390-075;
(5) The contracted lab shall submit a copy of the analytical results to the contracting lab in the format and time frame per the contract terms.
NEW SECTION
WAC 246-390-065 Notification requirements.
(1) In addition to the data reporting requirements under WAC 246-390-075, a lab shall notify the department and the public water system for:
(a) Routine, repeat, GWR, triggered source water monitoring, and assessment source water monitoring results as required under chapter 246-290 WAC that are E. coli bacteria present.
Notification occurs with no less than three attempts to contact the department and the public water system by telephone, facsimile, or email as soon as possible after sample results have been determined, but no later than the close of business.
(b) Routine, repeat, GWR, triggered source water monitoring, and assessment source water monitoring results that are total coliform bacteria present.
Notification occurs with one attempt to contact the department and the public water system by telephone (voice mail is acceptable), facsimile, or email as soon as possible after sample results have been determined, but no later than the close of business on the next business day. For labs that operate seven days per week or observe regular holidays, weekends and holidays are not considered "business days" for the purposes of this subsection.
(c) Routine or confirmation sample results for nitrate or nitrite that exceed the MCL under chapters 246-290 and 246-291 WAC; or
(d) Routine or confirmation sample results for inorganic, organic, or radiological contaminants that exceed four times the contaminant's primary MCL under chapters 246-290 and 246-291 WAC.
Notification occurs with one attempt to contact the department and public water system by telephone, facsimile, or email as soon as possible after sample results have been verified by quality control staff, but no later than the close of business.
(2) A lab shall:
(a) Document all notification attempts required under subsection (1) of this section by recording the following information in a paper or electronic logbook:
(i) Date;
(ii) Time;
(iii) Sample number;
(iv) Public water system name and department-assigned identification number;
(v) The contact person and telephone number, facsimile number, or email address for the public water system;
(vi) The contact person and telephone number, facsimile number, or email address of the department; and
(vii) The initials of the lab person that made the attempt.
(b) Make the logbook available to the department upon request; and
(c) Retain the logbook for a minimum of two years after the last entry date.
NEW SECTION
WAC 246-390-075 Reporting.
(1) A lab shall report analytical results to the department and the public water system.
(2) Within one hundred eighty days of the effective date of this chapter, a lab submitting paper reports shall complete and submit to the department data reports following the procedures and templates in the department's Laboratory Reporting Guidance, Publication DOH 331-530, March 2018.
(3) On the effective date of this chapter, a lab submitting electronic reports shall complete and submit to the department data reports following the procedures in the department's Electronic Reporting Guidance, Publication 331-289, March 2018.
(4) Labs shall submit reports to the public water system in the format and time frame that was agreed upon when executing the service agreement between the laboratory and the public water system.
(5) Labs shall submit reports of acute contaminant results within seven business days after receiving the sample.
(6) Labs shall submit reports of chronic contaminants within forty-five business days after receiving the sample.
(7) Analytical results must be complete, legible, and accurate.
(8) A lab shall report numerical results consistent with the accuracy of the EPA-approved methods and any associated lab instruments, glassware, or tools.
(9) A lab shall report numerical results out to, but not exceed, one decimal place past the SDRL in cases where the last definitely known digit exceeds one decimal place past the SDRL as follows:
(a) If the SDRL is 1.1 and the result, out to the last definitely known digit is 1.132, then the value reported to the department is 1.13;
(b) If the digit 6, 7, 8, or 9 is dropped, increase the preceding digit by one unit;
(c) If the digit 0, 1, 2, 3, or 4 is dropped, do not alter the preceding digit; or
(d) If the digit 5 is dropped, round off the preceding digit to the nearest even number. For example, 2.25 becomes 2.2, and 2.35 becomes 2.4.
(10) A lab shall include the following data qualifiers adjacent to the results that are affected:
(a) "B" - This data qualifier is used when the target analyte is detected in the method blank above the lab's established MRL or SDRL, whichever is lower;
(b) "J" - This data qualifier is used when the result is an estimated concentration per subsections (13) and (14) of this section;
(c) "NDDS" - This data qualifier is used when the analyte is not detected in duplicate sample; or
(d) "U" - This data qualifier is used when the radiochemistry analyte is not detected at or above the lab's established MDA.
(11) A lab shall notate on the report to the public water system and the department when any analysis is completed using a provisional accreditation.
(12) At the department's request, a lab shall submit the following information:
(a) The method specific QC for any given analytical report.
(b) The most recent MDL procedures performed for any given analyte.
(c) The most recent PT study performed for any given analyte.
(13) The SDRLs for organic chemical analytes are established in Table 1 of this section.
(a) Labs shall attach to the lab report, a copy of the method specific QC results for any organic chemical detection that is reported to the department which is at or above the SDRLs listed in Table 1 of this section except for:
(i) Chloroform (0027);
(ii) Bromodichloromethane (0028);
(iii) Dibromochloromethane (0029);
(iv) Bromoform (0030);
(v) Monochloroacetic Acid (0411);
(vi) Dichloroacetic Acid (0412);
(vii) Trichloroacetic Acid (0413);
(viii) Monobromoacetic Acid (0414);
(ix) Monobromoacetic Acid (0415); and
(x) Total Organic Carbon (0421).
(b) A lab shall report organic chemical analyte results when the lab's established MRL is greater than the SDRL as:
(i) "Nondetect" or "ND" when a lab's result is less than the SDRL and MRL;
(ii) An estimated concentration, notated with a "J" data qualifier when a result is equal to or greater than the SDRL, but less than the lab's established MRL;
(iii) A number when a result is equal to or greater than the lab's established MRL.
(c) A lab shall report organic chemical analyte results when the lab's established MRL is less than the SDRL as:
(i) "Nondetect" or "ND" when a lab's result is less than the lab's established MRL;
(ii) "Nondetect" or "ND" when a lab's result is less than the lab's established SDRL; or
(iii) A number when a result is equal to or greater than the SDRL.
(d) A lab shall report organic chemical analyte results when their established MRL is equal to the SDRL as:
(i) "Nondetect" or "ND" when a lab's result is less than the SDRL and MRL; or
(ii) A number when a result is equal to or greater than the SDRL and the lab's established MRL.
Table 1 - Organic Chemicals
Analyte Name
Analyte Number
Units
SDRL
1,1 Dichloroethane
0058
µg/L
0.5
1,1 Dichloroethylene
0046
µg/L
0.5
1,1 Dichloropropene
0062
µg/L
0.5
1,1,1 Trichloroethane
0047
µg/L
0.5
1,1,1,2 Tetrachloroethane
0072
µg/L
0.5
1,1,2 Trichloroethane
0067
µg/L
0.5
1,1,2,2 Tetrachloroethane
0080
µg/L
0.5
1,2 Dichlorobenzene
0084
µg/L
0.5
1,2 Dichloroethane
0050
µg/L
0.5
1,2 Dichloropropane
0063
µg/L
0.5
1,2,3 Trichlorobenzene
0098
µg/L
0.5
1,2,3 Trichloropropane
0079
µg/L
0.5
1,2,4 Trichlorobenzene
0095
µg/L
0.5
1,2,4 Trimethylbenzene
0091
µg/L
0.5
1,3 Dichloropropane
0070
µg/L
0.5
1,3 Dichloropropene
0154
µg/L
0.5
1,3,5 Trimethylbenzene
0089
µg/L
0.5
1,4 Dichlorobenzene
0052
µg/L
0.5
2,2 Dichloropropane
0059
µg/L
0.5
2,3,7,8 TCDD (dioxin)
0149
ng/L
0.005
2,4 D
0037
µg/L
0.1
2,4 DB
0135
µg/L
1
2,4,5 T
0136
µg/L
0.4
2,4,5 TP (Silvex)
0038
µg/L
0.2
3,5 Dichlorbenzoic Acid
0226
µg/L
0.5
4,4 DDD
0232
µg/L
0.1
4,4 DDE
0233
µg/L
0.1
4,4 DDT
0234
µg/L
0.1
Acenaphthylene
0244
µg/L
0.2
Acifluorfen
0223
µg/L
2
Alachlor
0117
µg/L
0.2
Aldicarb
0142
µg/L
0.5
Aldicarb Sulfone
0143
µg/L
0.8
Aldicarb Sulfoxide
0144
µg/L
0.5
Aldrin
0118
µg/L
0.1
Anthracene
0246
µg/L
0.2
Arochlor 1016
0180
µg/L
0.08
Arochlor 1221
0173
µg/L
20
Arochlor 1232
0174
µg/L
0.5
Arochlor 1242
0175
µg/L
0.3
Arochlor 1248
0176
µg/L
0.1
Arochlor 1254
0177
µg/L
0.1
Arochlor 1260
0178
µg/L
0.2
Atrazine
0119
µg/L
0.1
Bentazon
0220
µg/L
0.5
Benzene
0049
µg/L
0.5
Benzo (a) anthracene
0247
µg/L
0.2
Benzo (a) Pyrene
0120
µg/L
0.02
Benzo (b) fluoroanthene
0248
µg/L
0.2
Benzo (k) fluoranthene
0250
µg/L
0.2
Benzyl Butyl Phthalate
0258
µg/L
1.0
Bromacil
0179
µg/L
0.1
Bromobenzene
0078
µg/L
0.5
Bromochloromethane
0086
µg/L
0.5
Bromodichloromethane
0028
µg/L
0.5
Bromoform
0030
µg/L
0.5
Bromomethane
0054
µg/L
0.5
Butachlor
0121
µg/L
0.1
Carbaryl
0145
µg/L
2
Carbofuran
0146
µg/L
0.9
Carbon Tetrachloride
0048
µg/L
0.5
Chlordane (total)
0122
µg/L
0.2
Chlorobenzene
0071
µg/L
0.5
Chloroethane
0055
µg/L
0.5
Chloroform
0027
µg/L
0.5
Chloromethane
0053
µg/L
0.5
Chrysene
0251
µg/L
0.2
Cis- 1,2 Dichloroethylene
0060
µg/L
0.5
Cis- 1,3 Dichloropropene
0065
µg/L
0.5
Dalapon
0137
µg/L
1
DBCP
0103
µg/L
0.02
DBCP (screening)
0428
µg/L
0.5
DCPA Acid Metabolites
0225
µg/L
0.1
Di (2-Ethylhexyl) Adipate
0124
µg/L
0.6
Di (2-Ethylhexyl) Phthalate
0125
µg/L
0.6
Dibromoacetic Acid
0415
µg/L
1
Dibromochloromethane
0029
µg/L
0.5
Dibromomethane
0064
µg/L
0.5
Dicamba
0138
µg/L
0.2
Dichloroacetic Acid
0412
µg/L
1
Dichlorodifluoromethane
0104
µg/L
0.5
Dichlorprop
0221
µg/L
0.5
Dieldrin
0123
µg/L
0.1
Diethyl Phthalate
0260
µg/L
1.0
Dimethyl Phthalate
0261
µg/L
1.0
Di-n-butyl Phthalate
0259
µg/L
1.0
Dinoseb
0139
µg/L
0.2
Diquat
0150
µg/L
0.4
EDB
0102
µg/L
0.01
EDB (screening)
0427
µg/L
0.5
Endothal
0151
µg/L
9
Endrin
0033
µg/L
0.01
EPTC
0208
µg/L
0.1
Ethylbenzene
0073
µg/L
0.5
Fluoranthene
0253
µg/L
0.2
Fluorene
0254
µg/L
0.2
Glyphosate
0152
µg/L
6
HAA(5)
0416
µg/L
*
Heptachlor
0126
µg/L
0.04
Heptachlor Epoxide
0127
µg/L
0.02
Hexachlorobenzene
0128
µg/L
0.1
Hexachlorobutadiene
0097
µg/L
0.5
Hexachlorocyclo Pentadiene
0129
µg/L
0.1
Isopropylbenzene
0087
µg/L
0.5
Lindane (bhc - gamma)
0034
µg/L
0.02
M- dichlorobenzene
0083
µg/L
0.5
M/P Xylenes (MCL for total)
0074
µg/L
0.5
Methomyl
0147
µg/L
4
Methoxychlor
0035
µg/L
0.1
Methylene Chloride (Dichloromethane)
0056
µg/L
0.5
Metolachlor
0130
µg/L
0.1
Metribuzin
0131
µg/L
0.1
Molinate
0218
µg/L
0.1
Monobromoacetic Acid
0414
µg/L
1
Monochloroacetic Acid
0411
µg/L
2
Naphthalene
0096
µg/L
0.5
N-Butylbenzene
0094
µg/L
0.5
N-Propylbenzene
0088
µg/L
0.5
O- Chlorotoluene
0081
µg/L
0.5
O- Xylene (MCL for total)
0075
µg/L
0.5
Oxamyl
0148
µg/L
2
P- Chlorotoluene
0082
µg/L
0.5
Paraquat
0400
µg/L
0.8
PCB (as Decachlorobiphenyl)
0401
µg/L
0.1
Pentachlorophenol
0134
µg/L
0.04
Phenanthrene
0256
µg/L
0.2
Picloram
0140
µg/L
0.1
P-Isopropyltoluene
0093
µg/L
0.5
Propachlor
0132
µg/L
0.1
Pyrene
0257
µg/L
0.2
Sec- Butylbenzene
0092
µg/L
0.5
Simazine
0133
µg/L
0.07
Styrene
0076
µg/L
0.5
Terbacil
0190
µg/L
0.1
Tert- Butylbenzene
0090
µg/L
0.5
Tetrachloroethylene
0068
µg/L
0.5
Toluene
0066
µg/L
0.5
Total organic carbon
0421
mg/L
0.7
Total Trihalomethane
0031
µg/L
*
Total Xylenes
0160
µg/L
0.5
Toxaphene
0036
µg/L
1
Trans- 1,2 Dichloroethylene
0057
µg/L
0.5
Trans- 1,3 Dichloropropene
0069
µg/L
0.5
Trichloroacetic Acid
0413
µg/L
1
Trichloroethylene
0051
µg/L
0.5
Trichlorofluoromethane
0085
µg/L
0.5
Trifluralin
0243
µg/L
0.1
Vinyl Chloride
0045
µg/L
0.5
Key
 
 
mg/L
=
parts per million, or milligrams per liter
ng/L
=
nanograms per liter
µg/L
=
parts per billion, or micrograms per liter
*
=
results are calculated values based on other analytical results
(14) The SDRLs for inorganic chemical analytes are established in Table 2 of this section.
(a) A lab shall report inorganic chemical analyte results when the lab's established MRL is greater than the SDRL as:
(i) "Nondetect" or "ND" when a lab's result is less than the SDRL and MRL;
(ii) An estimated concentration, notated with a "J" data qualifier, when a result is equal to or greater than the SDRL, but less than the lab's established MRL; or
(iii) A number when a result is equal to or greater than the lab's established MRL.
(b) A lab shall report inorganic chemical analyte results when the lab's established MRL is less than the SDRL as:
(i) "Nondetect" or "ND" when a lab's result is less than the lab's established MRL;
(ii) "Nondetect" or "ND" when a lab's result is less than the lab's established SDRL; or
(iii) A number when a result is equal to or greater than the SDRL.
(c) A lab shall report inorganic chemical analyte results when the lab's established MRL is equal to the SDRL as:
(i) "Nondetect" or "ND" when a lab's result is less than the SDRL and MRL; or
(ii) A number when a result is equal to or greater than the SDRL and the lab's established MRL.
Table 2 - Inorganic Chemicals
Analyte Name
Analyte Number
Units
SDRL
Alkalinity-Lab
0403
mg/L
5
Antimony
0112
mg/L
0.003
Arsenic
0004
mg/L
0.001
Asbestos
0115
MFL
0.20
Barium
0005
mg/L
0.1
Beryllium
0110
mg/L
0.0003
Bromate
0419
mg/L
0.005/0.001*
Cadmium
0006
mg/L
0.001
Chloride
0021
mg/L
20
Chlorite
0418
mg/L
0.02
Chromium
0007
mg/L
0.007
Color
0018
CU
15
Conductivity
0016
µmhos/cm
70
Copper
0023
mg/L
0.02
Cyanide
0116
mg/L
0.05
Fluoride
0019
mg/L
0.2
Hardness
0015
mg/L
10
Iron
0008
mg/L
0.1
Lead
0009
mg/L
0.001
Manganese
0010
mg/L
0.01
Mercury
0011
mg/L
0.0002
Nickel
0111
mg/L
0.005
Nitrate-n
0020
mg/L
0.5
Nitrite-n
0114
mg/L
0.1
Selenium
0012
mg/L
0.002
Silver
0013
mg/L
0.1
Sodium
0014
mg/L
5
Sulfate
0022
mg/L
50
TDS-total dissolved solids
0026
mg/L
100
Thallium
0113
mg/L
0.001
Total nitrate/nitrite
0161
mg/L
0.5
Turbidity
0017
NTU
0.1
Zinc
0024
mg/L
0.2
Key
 
 
CU
=
color units
MFL
=
million fibers per liter
mg/L
=
parts per million, or milligrams per liter
NTU
=
nephelometric turbidity units
µmhos/cm
=
micromhos per centimeter
*
=
labs that use EPA Methods 317.0, 326.0 or 321.8 must meet a 0.0010 mg/L SDRL for bromate
(15) The SDRLs for radiochemistry analytes are established in Table 3 of this section.
(a) A lab's MDA must meet the established SDRL levels for the analysis to be considered for compliance purposes.
(b) A lab shall report radiochemistry analyte results as:
(i) A number and a "U" qualifier if the analyte was analyzed for, but not detected at or above the lab's established MDA; or
(ii) A number when a result is equal to or greater than the MDA.
Table 3 - Radiochemistry
Analyte Name
Analyte Number
Units
SDRL
Cesium 134
0107
pCi/L
10.0
Gross Alpha
0165
pCi/L
3.0
Gross Alpha (Minus Uranium)
0041
pCi/L
*
Gross Beta
0042
pCi/L
4.0
Iodine 131
0108
pCi/L
1.0
Radium 226
0039
pCi/L
1.0
Radium 226 + 228
0040
pCi/L
*
Radium 228
0166
pCi/L
1.0
Radon
0109
pCi/L
*
Strontium 90
0044
pCi/L
2.0
Tritium
0043
pCi/L
1000
Uranium
0105
µg/L
1.0
Key
 
 
pCi/L
=
picocuries per liter
µg/L
=
parts per billion, or micrograms per liter
*
=
results are calculated values based on other analytical results
(16) The units for microbiology analytes are established in Table 4 of this section.
(a) Total coliform and E. coli results for routine and repeat samples in accordance with 40 C.F.R. 141 Subpart Y - Revised Total Coliform Rule, GWR triggered, and GWR assessment source sample results that are absent or present as follows:
(i) "Satisfactory" if no total coliforms are detected.
(ii) "Unsatisfactory" if:
(A) Total coliforms are detected; and
(B) E. coli absent if E. coli is not detected; or
(C) E. coli present if E. coli is detected.
(b) A lab shall report routine filtered and unfiltered surface water microbiology analyte results as a number.
(c) A lab shall report routine heterotrophic plate count results as a number.
(d) A lab shall report results of investigative samples or samples collected for information only to the public water system for total coliforms, fecal coliforms, and E. coli as a number or, as absent or present. Investigative samples or samples collected for information only are not required to be reported to the department.
Table 4 - Microbiology
Analyte Name
Analyte Number
Units
Total Coliform (numerical)
0001
CFU/100mL
Total Coliform (numerical)
0001
MPN/100mL
Total Coliform (absence/presence)
0001
N/A
Fecal Coliform (numerical)
0002
CFU/100mL
Fecal Coliform (numerical)
0002
MPN/100mL
Fecal Coliform (absence/presence)
0002
N/A
E. coli (numerical)
0003
CFU/100mL
E. coli (numerical)
0003
MPN/100mL
E. coli (absence/presence)
0003
N/A
Heterotrophic Plate Count (numerical)
0101
CFU/1mL
Key
 
 
CFU/100mL
=
colony forming units per 100 milliliters of sample
CFU/1mL
=
colony forming units per 1 milliliter of sample
MPN/100mL
=
most probable number per 100 milliliters of sample
NEW SECTION
WAC 246-390-085 Enforcement.
(1) When a lab fails to comply with the requirements of this chapter, the department may initiate one or more of the following enforcement actions:
(a) An informal letter directing appropriate corrective measures;
(b) A notice of violation requiring appropriate corrective measures;
(c) A compliance schedule of specific actions needed to achieve compliance;
(d) A notice of correction with specific actions needed within a designated time period to achieve compliance.
(2) If a lab fails to comply with a notice of correction as specified in subsection (1)(d) of this section, the department may revoke or suspend a lab's drinking water certification in accordance with WAC 246-390-095.
NEW SECTION
WAC 246-390-095 Revocation and suspension.
(1) The department may suspend a lab's certification for up to one year or revoke a lab's certification for up to five years if a lab fails to comply with a notice of correction as specified in WAC 246-390-085.
(2) A lab whose certification is suspended or revoked may, after the period of suspension or revocation has ended, apply for certification in conformance with the requirements at the time of application.
(3) If ecology suspends or revokes a lab's accreditation for drinking water analytes as authorized under chapter 173-50 WAC, the department shall immediately suspend or revoke a lab's certification to analyze drinking water samples. The lab must immediately notify the department and public water systems of any samples that are invalidated as a result of the revocation or suspension.
AMENDATORY SECTION (Amending WSR 92-15-152, filed 7/22/92, effective 8/22/92)
WAC 246-390-100 Appeals.
((A laboratory manager may appeal any certification action such as denial and revocation in writing to the CO. If the question is not satisfactorily resolved, the laboratory manager may appeal in writing by certified mail to the certification authority within thirty days of the decision of the CO. Decisions of the certification authority may be appealed to the secretary of the department within thirty days of notification of final action. The adjudication procedure is governed by the Administrative Procedure Act, this chapter, and chapter 246-08 WAC. Laboratories may be allowed to maintain certification during the appeal process.)) (1) A certified lab may appeal a revocation or suspension action taken by the department in accordance with chapters 246-10 WAC, 34.05 RCW, and RCW 43.70.115.
(2) To appeal a notice of revocation or suspension action, the certified lab must file a written appeal with the department within twenty-eight days of service. The written appeal must contain the specific grounds for an appeal.
(3) A certified lab that requests a hearing may continue to operate until the department issues a final order unless the department takes a summary action due to a high public health risk.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 246-390-020
Requirement for certification.
WAC 246-390-040
Provisional certification.
WAC 246-390-050
Revoking or denying certification.
WAC 246-390-060
Reciprocity.
WAC 246-390-070
Third-party certification.
WAC 246-390-990
Fees.