Volume 43 - Issue 41 - October 10, 2024
State of Kansas
Department of Health and Environment
Permanent Administrative Regulations
Article 15.—APPLICATION FOR PERMITS; DOMESTIC WATER SUPPLY
28-15-35. Definitions. Each of the following terms, as used in K.A.R. 28-15-35 through K.A.R. 28-15-37, shall have the meaning specified in this regulation:
(a) “Accreditation” means the process by which the department certifies laboratories.
(b) “Accrediting body” means a territorial, state, federal, or international governmental agency that has responsibility and accountability for laboratory certification and that grants primary certification equivalent to standards specified in these regulations and K.A.R. 28-15-36.
(c) “Analyst” means an individual who performs the analytical methods and associated techniques at a laboratory and who is responsible for applying required laboratory practices and other pertinent quality controls.
(d) “Assessment” means an evaluation of a laboratory conducted by an assessor to determine compliance with K.A.R. 28-15-36 or 28-15-36a, as applicable. Except as otherwise provided in these regulations, an assessor may conduct an assessment on-site, virtually, or any combination of multiple approaches as the department determines necessary.
(e) “Assessor” means any individual approved by the department to conduct assessments of laboratories and to evaluate the laboratory’s ability to obtain data of known and documented quality. This term shall include laboratory certification officers, subject matter experts, or members of a third-party assessment team.
(f) “Certification” means the issuance of a certificate by the secretary that affirms a laboratory meets the minimum requirements specified in these regulations.
(1) “Primary certification” means the certification granted by an accrediting body to a laboratory compliant with the requirements in these regulations and K.A.R. 28-15-36 as determined by the secretary.
(2) “Secondary certification” means the certification granted by the secretary through reciprocity to a laboratory located outside the state of Kansas based on primary certification granted by an accrediting body other than the state of Kansas.
(3) “Field laboratory certification” means the certification granted to a laboratory or organization within the state of Kansas based on a review of the laboratory by the department for compliance with the requirements of these regulations and K.A.R. 28-15-36a.
(4) “Interim certification” means the temporary certification granted to a laboratory by the secretary to perform analyses for a field of accreditation for which the laboratory has not been granted certification after submission of documents specified in K.A.R. 28-15-36a.
(g) “Certified laboratory” and “certified field laboratory” mean any laboratory operating pursuant to a valid, current certificate granted by the secretary pursuant to these regulations and K.A.R. 28-15-36 or K.A.R. 28-15-36a, as applicable.
(h) “Clean water act” and “CWA” mean the federal water pollution control act, 33 U.S.C. 1251 et seq., and amendments thereto.
(i) “Department” means Kansas department of health and environment.
(j) “Environmental laboratory improvement program office” and “ELIPO” mean the program authorized by the secretary to implement Kansas laboratory accreditation.
(k) “EPA” means U.S. environmental protection agency.
(l) “Field of accreditation” means the combination of the following:
(1) The matrix;
(2) the technology or method, or both; and
(3) the analyte or analyte group, or both.
(m) “Field laboratory” means any laboratory or organization located in the state of Kansas that performs compliance analyses limited to approved methodologies for one or more of the fields of accreditation specified in K.A.R. 28-15-36a.
(n) “Laboratory” means a legally identifiable facility performing environmental analyses in a controlled and scientific manner. This term shall include mobile laboratories and field laboratories unless otherwise provided in these regulations.
(o) “Laboratory certification officer” means any individual determined by the secretary to have adequate credentials to evaluate laboratories supplemented by successful completion of the EPA drinking water laboratory certification officers’ training course, nationally approved assessor training courses, and refresher training courses.
(p) “Laboratory management” means any person or persons who own a laboratory or any person or persons responsible for the operation of a laboratory. Laboratory management shall include any laboratory technical directors.
(q) “Laboratory technical director” means an individual whose functions are to direct technical personnel and evaluate the quality of test procedures performed in the laboratory.
(r) “Matrix” means the substrate of a sample, including any of the following:
(1) Drinking water;
(2) non-potable water, including all aqueous samples that are not drinking water;
(3) solid and chemical materials, including soils, sediments, other solids, chemical waste, and non-aqueous liquids;
(4) air and emissions, including ambient air and stack emissions; and
(5) biological tissue.
(s) “Mobile laboratory” means a legally identifiable, unique, portable enclosed structure that performs the functions of a laboratory in conformance with these regulations.
(t) “Proficiency testing sample” and “PT sample” mean a matrix with a composition unknown to the laboratory and used to determine if the laboratory can produce analytical results within specific performance limits.
(u) “Proficiency testing study” means analysis of a PT sample or samples by a laboratory as required to obtain or retain certification.
(v) “Reciprocity” means the recognition of the validity of the certification granted from another accrediting body by the secretary in order to issue secondary certification based upon the evaluation conducted by the accrediting body.
(w) “Resource conservation and recovery act” and “RCRA” mean 42 U.S.C. 6901 et seq., and amendments thereto.
(x) “Safe drinking water act” and “SDWA” mean 42 U.S.C. §300f et seq., and amendments thereto.
(y) “Scope of accreditation” means all fields of accreditation applied for in an application for certification or maintained by a laboratory’s existing certification.
(z) “Secretary” means secretary of the Kansas department of health and environment.
(aa) “Supplemental parameters” means the fields of accreditation that EPA has not approved under SDWA or CWA as regulated fields of accreditation, are not contained within an approved SDWA, CWA, or RCRA method as a measurable analyte, or are not required for testing by the state of Kansas.
(bb) “Technology” means a specific arrangement of analytical instruments, detection systems, or preparation techniques, or any combination of these.
(cc) “The NELAC institute” and “TNI” mean the standards development organization that produces consensus standards of practice, including standards for environmental testing.
(dd) “These regulations” means K.A.R. 28-15-35 through 28-15-35j and K.A.R. 28-15-37. (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective, E-79-14, June 23, 1978; effective May 1, 1979; amended May 1, 1983; amended May 1, 1986; amended May 1, 1988; amended Jan. 24, 1994; amended May 25, 2001; amended March 26, 2004; amended June 1, 2007; amended Oct. 25, 2024.)
28-15-35a. Certification requirements. (a) The requirements for the certification of laboratories, other than field laboratories, shall be those requirements specified in these regulations and K.A.R. 28-15-36.
(b) The requirements for field laboratory certification shall be those requirements specified in these regulations and K.A.R. 28-15-36a. (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective Oct. 25, 2024.)
28-15-35b. Application for certification or certification renewal. (a) Laboratory management seeking certification for a laboratory shall submit to the department a complete application either electronically or on forms provided or approved by the department.
(b) Laboratory management of a certified laboratory shall submit to the department an application for renewal at least 60 calendar days before the current certification expires to maintain uninterrupted certification.
(c) Laboratory management applying for certification or renewal of certification shall submit the applicable certification fees as specified in K.A.R. 28-15-37.
(d) For certification of one or more additional fields of accreditation for a certified laboratory, the expiration date for any additional certification granted shall be the same date indicated on the certification currently in effect for that laboratory. Laboratory management applying for certification shall submit additional fees for each additional field of accreditation requested as specified in K.A.R. 28-15-37. (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective Oct. 25, 2024.)
28-15-35c. Assessment. (a) Each certified laboratory, excluding laboratories granted secondary certification, and each laboratory for which laboratory management has applied for certification shall undergo an assessment to determine whether the laboratory meets the minimum requirements for certification required by K.A.R. 28-15-35a as follows:
(1) Each laboratory for which laboratory management has applied for certification shall undergo an on-site assessment before receiving certification.
(2) Each laboratory granted primary certification from Kansas shall undergo an assessment at least once every 18 to 30 months from the previous assessment.
(3) Each laboratory granted field laboratory certification shall undergo an assessment at least once every 30 to 42 months from the previous assessment.
(b) Additional assessments may be required by the department at any time deemed necessary to ensure protection of human health and the environment or to resolve problems indicated by any of the following:
(1) Deficiencies from proficiency testing;
(2) deficiencies from prior assessments; or
(3) changes in laboratory location, personnel, or methodology.
(c) Laboratory management shall receive an assessment report following an assessment identifying any deficiencies determined by the assessor.
(1) Within 30 days of receiving the assessment report, laboratory management shall submit a corrective action report proposing corrective actions for the deficiencies identified in the report to ELIPO for review and consideration.
(2) If the laboratory certification officer determines that the corrective action report is unacceptable, laboratory management shall submit a revised corrective action report within 30 days after notification of nonacceptance.
(3) Upon receiving written approval of a corrective action report by the laboratory certification officer, laboratory management shall implement the approved corrective actions.
(d) Failure to comply with any of the requirements of this regulation shall result in denial, suspension, or revocation of certification, in whole or in part, as specified in K.A.R. 28-15-35f. (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective Oct. 25, 2024.)
28-15-35d. Proficiency testing. (a) Laboratory management applying for certification or maintaining certification of a laboratory, excluding field laboratories, shall meet the following requirements:
(1) Participate in proficiency testing studies obtained from a nationally certified proficiency testing provider;
(2) meet all PT sample requirements in “volume 1 management and technical requirements for laboratories performing environmental analysis,” adopted by reference in K.A.R. 28-15-36;
(3) demonstrate the successful performance of proficiency testing studies for each field of accreditation maintained by the certified laboratory or applied for by laboratory management; and
(4) direct the proficiency testing provider to report their results to the department.
(b) Laboratory management may report multiple results for the same field of proficiency testing from one PT sample, if using more than one method and type of technology.
(c) Laboratory management shall meet the following requirements during participation in a proficiency testing study and before the release of the results of the study:
(1) The laboratory management and all analysts shall ensure that all PT samples are handled, managed, analyzed, and reported utilizing the staff, methods, procedures, equipment, quality controls, facilities, and frequency of analysis used for routine analysis of real environmental samples.
(2) The laboratory management and all personnel shall not send PT samples to any other laboratory for any analysis applied for certification.
(3) The laboratory management and all personnel shall not knowingly accept PT samples from any other laboratory for any analysis for a field of accreditation for which the sender is seeking certification.
(4) The laboratory management and all personnel shall not exchange or offer information about PT sample results with any other laboratory.
(5) The laboratory management and all personnel shall not attempt to obtain the true values of any PT samples from the proficiency testing provider. (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective Oct. 25, 2024.)
28-15-35e. Notification of certification. Upon determination by the department that a laboratory meets all requirements necessary for certification, the laboratory management shall receive a certificate containing a unique certification number. Each certificate shall include the scope of accreditation granted to the laboratory. Each certificate shall remain valid for 12 months from the date granted to the laboratory unless revoked as specified in K.A.R. 28-15-35f. (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective Oct. 25, 2024.)
28-15-35f. Denial, suspension, or revocation of certification. (a) Certification may be denied, suspended, or revoked, in whole or in part, if the secretary determines that laboratory management committed any of the following violations:
(1) Failure to meet any of the requirements specified in these regulations and K.A.R. 28-15-36 or K.A.R. 28-15-36a, as applicable;
(2) failure to demonstrate to an assessor that the laboratory meets the required standards of certification based upon an assessment;
(3) denial of entry to a laboratory during normal business hours for an on-site assessment;
(4) failure to ensure that essential laboratory personnel are available for participation, as needed, for the satisfactory completion of any scheduled assessment;
(5) failure to respond to an assessment report or to submit an acceptable corrective action report within the time period as specified in K.A.R. 28-15-35c;
(6) failure to implement any corrective action approved by the laboratory certification officer;
(7) failure to participate in proficiency testing studies as specified in K.A.R. 28-15-35d;
(8) failure to successfully analyze and report proficiency testing samples results as specified in K.A.R. 28-15-35d;
(9) failure to pay the required fees as specified in K.A.R. 28-15-37;
(10) misrepresentation or omission of any material facts in any information submitted to the department;
(11) any prior sustained charges of administrative violations of state or federal laws and regulations related to the provision of laboratory services or reimbursement for these services against any laboratory management, individually or jointly, or against any laboratory owned or directed by any laboratory management; or
(12) conviction for any crime related to performance of laboratory services.
(b) In addition to the violations specified in subsection (a), certification may be suspended by the secretary, in whole or in part, if laboratory management fails to provide written notification to the laboratory accreditation officer within 30 days of changes in the laboratory’s ownership, top management, essential personnel, location, or methods that involve a change in technology or instrumentation.
(c) In addition to the violations specified in subsection (a), certification may be revoked by the secretary, in whole or in part, for any of the following reasons:
(1) Repeated failure to comply with these regulations and K.A.R. 28-15-36 or 28-15-36a, as applicable;
(2) failure to maintain corrective action implemented for citations repeatedly identified in consecutive assessments; or
(3) reporting as official compliance data any field of accreditation or analytical result for which certification has not been granted by the secretary.
(d) After denial or revocation of certification, in whole or in part, the laboratory shall be subject to the following requirements:
(1) The laboratory management shall demonstrate to the laboratory certification officer that the deficiencies that caused the denial or revocation are corrected.
(2) After the department notifies the laboratory management that deficiencies causing the denial or revocation are corrected, the laboratory management shall reapply for certification of the affected fields of accreditation or submit a complete application to the department, as applicable, before engaging in any practices requiring certification.
(e) After suspension of certification, in whole or in part, the laboratory shall be subject to the following requirements:
(1) Within six months of receiving notice of suspension or before expiration of the current certification, whichever is longer, the laboratory management shall demonstrate to the laboratory certification officer that the deficiencies that caused the suspension have been corrected.
(2) If the laboratory management fails to correct all deficiencies within the applicable timeframe established in paragraph (e)(1), the laboratory’s certification or fields of accreditation affected shall be revoked.
(f) The laboratory management of a laboratory for which certification has been denied, suspended, or revoked, in whole, may request a hearing in accordance with K.S.A. 65-1,109a and amendments thereto. (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective Oct. 25, 2024.)
28-15-35g. Secondary certification. (a) The laboratory management of any laboratory located outside the state of Kansas, other than field laboratories, where laboratory services are performed pursuant to K.S.A. 65-163 through 65-171t and amendments thereto, these regulations, and K.A.R. 28-15-36, 28-16-28b, 28-16-63, and 28-31-4, may apply for secondary certification from the department if the laboratory is certified by another accrediting body.
(b) An out-of-state laboratory may only be granted secondary certification for any fields of accreditation for which the laboratory possesses primary certification granted by its primary accrediting body or bodies.
(c) Laboratory management seeking secondary certification in Kansas for an out-of-state laboratory shall submit an application to the department that includes the following:
(1) A copy of the current certificate and scope of accreditation issued by the laboratory’s primary accrediting body or bodies; and
(2) the applicable accreditation fees specified in K.A.R. 28-15-37. (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective Oct. 25, 2024.)
28-15-35h. Mobile laboratories. (a) Laboratory management of a mobile laboratory shall meet all the requirements of these regulations and K.A.R. 28-15-36.
(b) Each time a mobile laboratory enters the state of Kansas, the laboratory management of the mobile laboratory shall not conduct compliance testing until the following have occurred:
(1) The laboratory management has notified ELIPO of the intent to conduct testing.
(2) The department has verified that the mobile laboratory contains all the appropriate equipment and staff for the testing to be performed. (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective Oct. 25, 2024.)
28-15-35i. Withdrawal of certification. Laboratory management may withdraw their application for certification at any time before a certificate is issued. Laboratory management of a certified laboratory may withdraw their current certification at any time during the period specified on their certificate. Laboratory management shall notify the department in writing of their intent to withdraw certification. Fees submitted to the department before the department receives notification of withdrawal shall not be refunded, as specified in K.A.R. 28-15-37. (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective Oct. 25, 2024.)
28-15-35j. Changes in legal status, ownership, or location of a certified laboratory. (a) Laboratory management of a certified laboratory meeting the requirements of these regulations and K.A.R. 28-15-36 or K.A.R. 28-15-36a shall notify the department, in writing, of any change in legal status, ownership, or location, or any combination of these, within 30 calendar days of the change.
(b) If any change in legal status or ownership of the certified laboratory affects the laboratory’s staff, equipment, or organization, the laboratory management shall notify ELIPO within 30 days of the change and may be required to reapply, as specified in K.A.R. 28-15-35b, at the discretion of ELIPO.
(c) Any change in the legal status, ownership, or location, or any combination of these, may require an assessment of the laboratory upon written notice by the department.
(d) If a change in ownership occurs, laboratory management shall retain all records and analyses conducted that pertain to certification for at least five years from the date of the ownership change and the laboratory shall be subject to inspection by the department during this period without prior notification to the laboratory management. (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective Oct. 25, 2024.)
28-15-36. Requirements for accreditation of laboratories other than field laboratories. (a) The requirements for the approval of laboratories, other than field laboratories, shall be those requirements specified in “volume 1 management and technical requirements for laboratories performing environmental analysis” of the 2016 TNI standard version 2.1, approved by the NELAC accreditation council for adoption on June 18, 2018, which is hereby adopted by reference, except for any tables of content, prefaces, standard revision histories, reserved sections, bibliographies, cover pages, and any external documents referenced in the TNI document adopted in this subsection, except for EPA/600/R-94/134, method 100.2, section 12.1, dated June 1994, which is hereby adopted by reference.
(b) Laboratory management shall meet all of the following requirements for the use of primary certification and secondary certification:
(1) Claim only certification for the scope of accreditation granted by the department and in effect;
(2) post or display its most recent certificate or its fields of accreditation in a prominent place in the laboratory;
(3) make accurate statements concerning its fields of accreditation and certification status that are not misleading or unauthorized;
(4) not use its certificate, certification status, the TNI or NELAP logo, or both logos, to imply endorsement by the department;
(5) ensure that no report or certificate, or any part of a report or certificate, is used in a misleading manner;
(6) update or discontinue the laboratory’s use of any communications upon suspension, revocation, or withdrawal of certification that contains any reference to any field of accreditation for which the laboratory does not currently maintain certification;
(7) accompany the accreditation symbol, if using, with a clear indication as to which field of accreditation the certification is related;
(8) use the accreditation symbols only for documents or reports produced from the laboratory or any of the laboratory premises for analyses that are specifically included in the laboratory’s scope of accreditation. (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective, E-79-14, June 23, 1978; effective May 1, 1979; amended May 1, 1983; amended May 1, 1986; amended May 1, 1988; amended Jan. 24, 1994; amended May 25, 2001; amended March 26, 2004; amended June 1, 2007; amended Oct. 25, 2024.)
28-15-36a. Requirements for field laboratory certification. (a) Fields of accreditation. Certification of a field laboratory shall be granted only to laboratories performing environmental analyses that are limited to one or more of the following fields of accreditation:
(1) Dissolved oxygen;
(2) free residual chlorine;
(3) hydrogen ion (pH);
(4) sulfite;
(5) temperature;
(6) total residual chlorine; or
(7) turbidity.
(b) Personnel. Laboratory management shall maintain documentation that demonstrates each analyst meets the following minimum qualifications:
(1) A high school diploma or equivalent;
(2) knowledge of the use of analytical equipment and support equipment used for the analysis of the fields of accreditation listed in subsection (a); and
(3) training received and written approval by laboratory management to perform the analytical methods for the fields of accreditation being considered for certification consistent with the training program developed by laboratory management for those analytical methods.
(c) Supplies, reagents, standards, and equipment.
(1) All items necessary for the performance of the analyses shall be available.
(2) Reagents and standards shall not exceed the labeled expiration date.
(3) Equipment shall be properly maintained and in working order.
(4) Automated in-line equipment shall be maintained and calibrated according to manufacturer’s instructions. The calibration and maintenance of automated equipment shall be documented.
(d) Analytical methods. Each sample analyzed for the fields of accreditation specified in subsection (a) shall be analyzed in accordance with the EPA-approved method or methods that applies to the test being performed as follows:
(1) Drinking water samples tested for compliance with the SDWA shall be analyzed in accordance with methods approved in 40 C.F.R. 141.23 and 141.74, as in effect on July 1, 2020, which are hereby adopted by reference, including the methods specified in the tables at 40 C.F.R. 141.23(k)(1) and (2) and 141.74(a)(1) and (2), or another method determined by the secretary to be functionally equivalent.
(2) Environmental water samples tested for compliance with the CWA shall be analyzed in accordance with methods approved in 40 C.F.R. 136.3, as in effect on July 1, 2020 and as amended by 86 fed. reg. 27237-27260 (2021), which are hereby adopted by reference, including the methods specified in tables IA, IB, IC, ID, IE, IF, IG, and IH, or another method determined by the secretary to be functionally equivalent.
(3) Environmental samples analyzed under the RCRA shall be analyzed in accordance with methods specified in the permit issued by the state of Kansas pursuant to K.S.A. 65-3407 or 65-3437, and amendments thereto, or any order of the department or agreement with the department.
(e) Sample collection and handling. Each sample collected by laboratory management for field laboratory analysis shall be analyzed within 15 minutes of collection. The temperature of each sample shall be read and recorded at the sample collection site.
(f) Quality assurance.
(1) Laboratory management of each field laboratory shall implement and maintain a detailed, written standard operating procedure for collection, analysis, reporting, and data handling.
(2) Each instrument shall be calibrated on each day of use, except for temperature analysis and instruments required to be calibrated by the manufacturer in accordance with approved methods. Calibration range shall bracket the sample measurement, except for the analysis of dissolved oxygen, which utilizes a one-point calibration.
(3) Each calibration shall be verified with a quality control standard. If verification is not within acceptance criteria set by the method or manufacturer, the laboratory management shall recalibrate the instrument or remove the instrument from service. If the method or manufacturer does not state quality control acceptance criteria, the laboratory management shall use acceptance limits determined by ELIPO.
(4) Each aliquot of a solution used for calibration and quality control shall be used only once.
(g) Data handling.
(1) All records relating to data reported for regulatory compliance purposes shall be retained by the laboratory management for at least five years. This requirement shall include the following if applicable:
(A) Calibration or standardization information, or both, including lot numbers, expiration dates of reagents, and times of calibration;
(B) quality controls, including standards and duplicates;
(C) calculations;
(D) sampling and analytical information; and
(E) reports.
(2) The sampling and analytical data to be retained shall include the following:
(A) The date, time, and location of sampling and analysis;
(B) the name of the person collecting the sample;
(C) the name of the analyst; and
(D) the type of analysis, method utilized, and results.
(h) Interim certification. Laboratory management requesting certification for a field of accreditation for which the laboratory is not certified shall submit the following to the department for the secretary’s consideration for approval of interim certification:
(1) An application or field of accreditation addition request;
(2) all applicable fees specified in K.A.R. 28-15-37;
(3) detailed written procedures for each field of accreditation for which the laboratory management is seeking certification; and
(4) documentation that the laboratory management has obtained all required equipment, reagents, and standards for the laboratory that are necessary to perform the analysis.
(i) Notification of personnel change. The laboratory management of a certified field laboratory shall notify ELIPO, in writing, within 30 days of any changes in analytical equipment, personnel, facility location, facility name, or facility ownership. If any changes in personnel take place, the laboratory management of a certified field laboratory shall be responsible for the placement and training of individuals meeting the qualification requirements specified in subsection (b). (Authorized by K.S.A. 65-1,109a; implementing K.S.A. 65-171l and 65-1,109a; effective Jan. 24, 1994; amended May 25, 2001; amended June 1, 2007; amended Oct. 25, 2024.)
28-15-37. Accreditation fees. (a) Definitions. For the purposes of this regulation, each of the following terms shall have the meaning specified in this subsection:
(1) “Application cycle” means the period of time from submission of an application for certification to issuance of the laboratory’s certificate.
(2) “Direct management” means the supervisor or supervisors located on-site that is an analyst’s first communication resource and is one level above the analyst or analysts in a laboratory’s organizational structure.
(3) “Quality system” means the implementation of policies, procedures, objectives, responsibilities, and performance measures that laboratory management puts in place to ensure the data produced from the laboratory is of a known and documented quality.
(4) “State-specific method” means any environmental testing method developed by the state of Kansas that is required to be used for compliance testing.
(b) Fees for primary certification. The fees for accreditation of a laboratory for primary certification from the department shall be as follows:
(1) $1,050.00 for aquatic toxicity fields of accreditation;
(2) $275.00 for microbiology fields of accreditation for each matrix requested;
(3) $525.00 for metal fields of accreditation for each matrix requested;
(4) $1,050.00 for organic chemistry fields of accreditation for each matrix requested;
(5) $500.00 for inorganic chemistry fields of accreditation for each matrix requested;
(6) $1,050.00 for radiochemistry fields of accreditation for each matrix requested;
(7) $3,000.00 plus travel expenses incurred for each on-site assessment conducted for a laboratory located outside the state of Kansas;
(8) $75.00 for adding fields of accreditation to a scope of accreditation outside of the application cycle if the laboratory is already certified for the technology being requested;
(9) $300.00 for adding fields of accreditation to a scope of accreditation outside of the application cycle if the laboratory is not already certified for the technology being requested; and
(10) $200.00 for each additional laboratory operating in different physical locations and certified under the same certificate that meets the following criteria:
(A) All facilities share the same direct management;
(B) all locations are within 25 miles of each other;
(C) the same laboratory staff are utilized at all locations; and
(D) all locations and staff utilize the same quality system.
(c) Fees for secondary certification. The fees for accreditation of a laboratory for secondary certification shall be $1,300.00 for each matrix for which certification is requested. Additional fees for secondary certification shall be as follows:
(1) $50.00 for each matrix to add a field of accreditation or fields of accreditation to a scope of accreditation outside of the application cycle if the laboratory is certified for the technology that is requested.
(2) $100.00 for each matrix to add a field of accreditation or fields of accreditation to a scope of accreditation outside of the application cycle if the laboratory is not certified for the technology that is requested.
(3) $400.00 for each state-specific method requested for certification.
(d) Supplemental parameter fees. For each supplemental parameter, the accreditation fee shall be $200.00 for each method and matrix combination for which certification is requested.
(e) Field laboratory accreditation fees. The accreditation fees for each field laboratory shall be $70.00 for one field of accreditation and $120.00 for two or more fields of accreditation.
(f) Fee payments and refunds. All fees shall be remitted in full before the issuance of the certificate. Fees shall not be refunded for overpayment. Each payment of fees shall be payable to the environmental laboratory improvement program office by check, credit card, money order, or state interfund and submitted to the department. (Authorized by and implementing K.S.A. 65-1,109a; effective, E-79-14, June 23, 1978; effective May 1, 1979; amended May 1, 1986; amended Jan. 24, 1994; amended May 25, 2001; amended June 1, 2007; amended Oct. 25, 2024.)
Janet Stanek
Secretary
Department of Health and Environment
Doc. No. 052567
