(1) The purpose of this chapter is to 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.

The definitions, abbreviations, and acronyms in this section apply throughout this chapter, unless the context clearly indicates otherwise.

(1) "µmhos/cm" means micromhos per centimeter (1 µmhos/cm = 1 S/cm).

(2) "µg/L" means micrograms per liter (1 µg/L = 1 ppb).

(3) "Acute" means posing an immediate risk to human health.

(4) "Bioaccumulative" means a chemical that can accumulate in the body when regular exposure occurs through drinking water.

(5) "C.F.R." means the Code of Federal Regulations.

(6) "CFU" means colony-forming unit.

(7) "Chronic" means posing a risk to human health only when exposure occurs over many years to a contaminant above a state or federal health standard.

(8) "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.

(9) "Confirmation" means to demonstrate that the results of a sample accurately represents the original sample result by analyzing another sample from the same location within a reasonable given period of time. This confirmation analysis is in addition to any analytical method confirmation requirements.

(10) "Contaminant" means a substance present in drinking water that may adversely affect the health of the consumer or the aesthetic quality of the water. It is measured using an analytical method for compliance purposes under chapters 246-290 and 246-291 WAC.

(11) "Contracted lab" means a certified lab that receives a drinking water sample from another certified lab for analysis.

(12) "Contracting lab" means a certified lab that sends a drinking water sample to another certified lab to be analyzed.

(13) "CU" means color unit.

(14) "Department" means the Washington state department of health or health officer as identified in a joint plan of responsibility under WAC 246-290-030(1).

(15) "Ecology" means the Washington state department of ecology.

(16) "EPA" means the United States Environmental Protection Agency.

(17) "Estimated concentration" means the level of the contaminant reported to the department is above a lab's MDL, but below the lab's MRL.

(18) "GWR" means groundwater rule.

(19) "Lab" or "certified lab" means an environmental lab accredited under chapter 173-50 WAC for one or more drinking water contaminants and meets the requirements of this chapter.

(20) "Maximum contaminant level (MCL)" means the maximum permissible level of a contaminant in water that a public water system delivers to consumers. MCLs are established in chapters 246-290 and 246-291 WAC.

(21) "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 95 percent probability.

(22) "Minimum detection level (MDL)" means the minimum measured concentration of a substance that can be reported with 99 percent confidence that the measured concentration is distinguishable from the method blank results.

(23) "Method reporting limit (MRL)" means the lowest concentration of a standard used for calibration.

(24) "MFL" means microfibers per liter.

(25) "mg/L" means milligrams per liter (1 mg/L = 1 ppm).

(26) "MPN" means most probable number.

(27) "ng/L" means nanograms per liter (1 ng/L = 1 ppt).

(28) "NTU" means nephelometric turbidity units.

(29) "pCi/L" means picocuries per liter.

(30) "ppb" means parts per billion (1 ppb = 1 µg/L).

(31) "ppm" means parts per million (1 ppm = 1 mg/L).

(32) "ppt" means parts per trillion (1 ppt = 1 ng/L).

(33) "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.

(34) "Public water system" is defined under WAC 246-290-020 and 246-291-010.

(35) "Quality control (QC)" means a set of measures used during an analytical method to ensure that the process is within specified control parameters.

(36) "State action level (SAL)" means the concentration of a contaminant or group of contaminants, without an MCL, established to protect public health in accordance with WAC 246-290-315 and which, if exceeded, triggers actions a purveyor takes in accordance with WAC 246-290-320.

(37) "State detection reporting limit (SDRL)" means the minimum reportable detection of a contaminant as established in Tables 3 through 7 of this chapter.

(38) "Tentatively identified compound (TIC)" means compounds detected in samples that are not target compounds, internal standards, system monitoring compounds or surrogates.

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.

(1) A contracting lab that contracts with another lab shall:

(a) Verify that the contracted lab is currently certified in Washington to analyze samples for the contaminant;

(b) Notify the public water system that a sample will be contracted to another lab at the time the contracting lab confirms that the sample will be contracted out to another lab;

(c) Confirm that the contracted lab receives the sample within 14 calendar days of the contracting lab receiving the sample, but not to exceed a contaminant holding time if the holding time is less than 14 calendar days;

(d) Provide the following information to the contracted lab:

(i) The public water system's department assigned water system identification number;

(ii) The name of the public water system;

(iii) The date the sample was collected;

(iv) The location where the sample was collected;

(v) The public water system's department assigned source identification number;

(vi) The purpose for the sample;

(vii) The sample composition; and

(viii) The sample type;

(e) Identify, on the final analytical results to the public water system, which sample results were contracted to another lab and clearly identify the lab.

(2) A contracted lab that receives a sample from a contracting lab shall:

(a) Submit to the department a copy of the analytical results following the requirements under WAC 246-390-065 and 246-390-075;

(b) Submit a copy of the analytical results to the contracting lab in the format and time frame per the contract terms established between the contracting lab and the contracted lab.

(1) In addition to the data reporting requirements under WAC 246-390-075, a lab shall notify the department and the public water system in accordance with Table 1 of this section for the following exceedances:

(2) For routine or confirmation sample results for contaminants that exceed the SAL or state MCL under WAC 246-290-315 and classified as Tier 1, Tier 2 bioaccumulative, or Tier 2 nonbioaccumulative under WAC 246-290-71006 Table 17, a lab shall notify the department as indicated in Table 2 of this section:

(3) A lab shall:

(a) Document all notification attempts required under subsections (1) and (2) 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.

(1) A lab shall report analytical results to the department and the public water system.

(2) 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, January 2022.

(3) 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, January 2022.

(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 10 business days after receiving the sample.

(6) Labs shall submit reports of chronic contaminants within 30 calendar 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 contaminant 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), (14), and (17) of this section;

(c) "NDDS" - This data qualifier is used when the contaminant is not detected in duplicate sample; or

(d) "U" - This data qualifier is used when the radiochemistry contaminant 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 contaminant.

(c) The most recent PT study performed for any given contaminant.

(13) The SDRLs for organic chemical contaminants are established in Table 3 of this section. All contaminants in Table 3 are considered chronic contaminants.

(a) Labs shall attach to the analytical result 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 3 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 contaminant 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 contaminant 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 established SDRL; or

(iii) A number when a result is equal to or greater than the SDRL.

(d) A lab shall report organic chemical contaminant 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.

(14) The SDRLs for inorganic chemical contaminants are established in Table 4 of this section. All contaminants in Table 4 are considered chronic contaminants except annual, quarterly, or monthly nitrate analysis which is considered an acute contaminant. Labs shall report analytical results within 10 business days after receiving the nitrate sample. If nitrate analysis is part of a routine complete inorganic compound panel, then labs shall submit a report to the department within 30 calendar days after receiving the sample.

(a) A lab shall report inorganic chemical contaminant 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 contaminant 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 department's established SDRL, but greater than the lab's established MRL; or

(iii) A number when a result is equal to or greater than the SDRL.

(c) A lab shall report inorganic chemical contaminant 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.

(15) The SDRLs for radiochemistry contaminants are established in Table 5 of this section. All contaminants in Table 5 are considered chronic contaminants.

(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 contaminant results as:

(i) A number and a "U" qualifier if the contaminant 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 lab's established MDA.

(16) The units for microbiology contaminants are established in Table 6 of this section. All contaminants in Table 6 are considered acute contaminants.

(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 contaminant 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.

(17) The SDRLs for per- and polyfluoroalkyl substances (PFAS) are established in Table 7 of this section. All contaminants in Table 7 are considered chronic contaminants.

(a) A lab shall analyze PFAS samples using EPA method 537.1, or EPA method 533, or with written approval, other department-approved methods.

(b) A lab shall report PFAS contaminant results when the lab's established MRL is greater than the SDRL as follows:

(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.

(c) A lab shall report PFAS contaminant results when the lab's established MRL is less than the SDRL as follows:

(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 established SDRL; or

(iii) A number when a result is equal to or greater than the SDRL.

(d) A lab shall report PFAS contaminant results when the lab's established MRL is equal to the SDRL as follows:

(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.

(e) A lab shall report to the department any tentatively identified compounds (TIC) that are detected while analyzing a PFAS sample if the approved method allows for TIC determinations to be made.

(f) A lab shall attach to the analytical result a copy of the method-specific QC results for any TIC detections that are reported to the department.

(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 enforcement document directing appropriate corrective measures to return a lab to compliance with the requirements of this chapter prior to taking formal enforcement measures;

(b) A formal enforcement process that includes, but is not limited to:

(i) A notice to correct violations;

(ii) An order to correct violations; or

(iii) A formal compliance agreement.

(2) If a lab fails to comply with the terms and deadlines specified in one or more enforcement documents in subsection (1) of this section, the department may revoke or suspend a lab's drinking water certification in accordance with WAC 246-390-095.

(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 any formal enforcement actions specified in WAC 246-390-085(1).

(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 contaminants 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.

(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 receipt of the initiating documents. 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.