Titles of Regulations: 1VAC30-45. Certification for Noncommercial Environmental Laboratories (amending 1VAC30-45-130).

1VAC30-46. Accreditation for Commercial Environmental Laboratories (amending 1VAC30-46-150).

Statutory Authority: § 2.2-1105 of the Code of Virginia.

Effective Date: September 1, 2019.

Agency Contact: Rhonda Bishton, Director's Executive Administrative Assistant, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305, or email rhonda.bishton@dgs.virginia.gov.

Summary:

The amendments increase fees related to certification for noncommercial environmental laboratories and accreditation for commercial environmental laboratories.

1VAC30-45-130. Fees.

A. General.

1. Environmental laboratories shall pay a fee with all applications, including reapplications, for certification. DCLS shall not designate an application as complete until it receives payment of the fee.

2. Each certified environmental laboratory shall pay an annual fee to maintain its certification. DCLS shall send an invoice to the certified environmental laboratory.

3. Fees shall be nonrefundable.

B. Environmental laboratories performing only simple test procedures shall pay an annual fee of $600 $690.

C. Fee computation for general environmental laboratories.

1. Fees shall be applied on an annual basis.

2. Environmental laboratories shall pay the total of the base fee and the test category fees set out in subsections D and E of this section.

D. Base fees for general environmental laboratories.

1. DCLS determines the base fee for a laboratory by taking into account both the total number of methods and the total number of field of certification matrices for which the laboratory would be certified.

2. DCLS shall charge the base fees set out in Table 1. The base fee for a laboratory is located by first finding the row for the total number of methods to be certified and then finding the box on that row located in the column headed by the total number of matrices to be certified. For example, DCLS charges a base fee of $1300 $1495 to a laboratory performing a total of eight methods for one matrix.

TABLE 1: BASE FEES
Number of Methods	1 Matrix	2 Matrices
1 - 9	$1300 $1495	$1430 $1645
10 - 29	$1400 $1610	$1575 $1811
30 - 99	$1550 $1783	$1825 $2099

E. Test category fees for general environmental laboratories.

1. The test category fees cover the types of testing for which a laboratory may be certified as specified in the laboratory's application or as certified at the time of annual billing.

2. Fees shall be charged for each category of tests to be certified.

3. Fees shall be charged for the total number of field of certification matrices to be certified under the specific test category. For example, if a laboratory is performing inorganic chemistry for both nonpotable water and solid and chemical materials matrices, the fee for this test category would be found in the column for two matrices.

4. The fee for each category includes one or more analytical methods unless otherwise specified.

5. DCLS shall charge the test category fees set out in Table 2. The test category fees for a laboratory are located by first finding the row with the total number of test methods for the test category to be certified. The fee to be charged for the test category will be found on that row in the column headed by the total number of matrices to be certified. A laboratory performing four test methods for inorganic chemistry in nonpotable water and solid and chemical materials (two matrices) would be charged a test category fee of $375 $431.

6. Noncommercial environmental laboratories that perform toxicity, radiochemical, or asbestos testing shall pay the test category fees established for these types of testing in 1VAC30-46-150.

TABLE 2: TEST CATEGORY FEES
Test Category	Fees by Number of Matrices
	One	Two
Oxygen demand	$225 $259	$335 $385
Bacteriology, 1 - 3 total methods	$175 $201	$265 $305
Bacteriology, 4 or more total methods	$220 $253	$330 $380
Physical, 1 - 5 total methods	$175 $201	$265 $305
Physical, 6 - 10 total methods	$220 $253	$330 $380
Inorganic chemistry, 1 - 10 total methods	$250 $288	$375 $431
Inorganic chemistry, 11 - 20 total methods	$315 $362	$475 $546
Inorganic chemistry, 21 - 49 total methods	$394 $453	$590 $679
Chemistry metals, 1 - 5 total methods	$325 $374	$490 $564
Chemistry metals, 6 - 20 total methods	$410 $472	$615 $707
Organic chemistry, 1 - 5 total methods	$400 $460	$600 $690
Organic chemistry, 6 - 20 total methods	$500 $575	$750 $863

7. Fee examples. Three examples are provided.

a. Example 1:

Base Fee	One matrix and four test methods	$1300 $1495
Test Category Fees
One Matrix
Nonpotable Water	Bacteriology (2 methods)	$175 $201
Nonpotable Water	Oxygen demand (1 method)	$225 $259
Nonpotable Water	Physical (1)	$175 $201
TOTAL		$1875 $2156

b. Example 2:

Base Fee	One matrix and 15 test methods	$1400 $1610
Test Category Fees
One Matrix
Nonpotable Water	Bacteriology (2 methods)	$175 $201
Nonpotable Water	Inorganic chemistry (9 methods)	$250 $288
Nonpotable Water	Chemistry metals (2 methods)	$325 $374
Nonpotable Water	Oxygen demand (1 method)	$225 $259
Nonpotable Water	Physical (1)	$175 $201
TOTAL		$2550 $2933

c. Example 3:

Base Fee	Two matrices and 27 test methods	$1575 $1811
Test Category Fees
One Matrix
Nonpotable Water	Bacteriology (4 methods)	$220 $253
Nonpotable Water	Oxygen demand (1 method)	$225 $259
Solid and Chemical Materials	Chemistry metals (1 method)	$325 $374
Two Matrices
Nonpotable Water and Solid and Chemical Materials	Inorganic chemistry (13 methods)	$475 $546
Nonpotable Water and Solid and Chemical Materials	Physical (7 methods)	$330 $380
TOTAL		$3150 $3623

F. Additional fees. Additional fees shall be charged to laboratories applying for the following: (i) modification to scope of certification under 1VAC30-45-90 B, (ii) transfer of ownership under 1VAC30-45-90 C, (iii) exemption under 1VAC30-45-120, or (iv) petition for a variance under 1VAC30-45-140.

1. For any certified environmental laboratory that applies to modify its scope of certification as specified under 1VAC30-45-90 B, DCLS shall assess a fee determined by the method in subsection G of this section.

2. Under 1VAC30-45-90 C, DCLS may charge a transfer fee to a certified laboratory that transfers ownership. A fee shall be charged if DCLS (i) needs to review documentation sent by the laboratory about the transfer of ownership or (ii) determines that an on-site assessment is necessary to evaluate the effect of the transfer of ownership. DCLS shall assess a fee determined by the method in subsection G of this section. If, under 1VAC30-45-90 C, DCLS determines that the change of ownership or location of laboratory requires recertification of or reapplication by the laboratory, the laboratory shall pay the application fees required under this section.

3. General environmental laboratories applying for an exemption under 1VAC30-45-120 shall pay an initial application fee of $700 plus an additional fee based on the actual time needed for DCLS to assess the exemption request. The total fee shall not exceed the actual time DCLS takes to assess the exemption request. Laboratories performing only simple test procedures applying for an exemption under 1VAC30-45-120 shall pay an initial application fee of $300 plus an additional fee based on the actual time needed for DCLS to assess the exemption request. The total fee shall not exceed the actual time DCLS takes to assess the exemption request. The fee assessed shall be calculated using the method in subsection G of this section.

4. Under 1VAC30-45-140, any person regulated by this chapter may petition the director to grant a variance from any requirement of this chapter. DCLS shall charge an initial fee of $700 plus an additional fee based on the actual time needed for DCLS to review the petition, including any on-site assessment required. The total fee shall not exceed the actual time DCLS takes to review and make a determination on the request for a variance. The fee shall be determined by the method specified in subsection G of this section.

G. Fee determination.

1. The fee shall be the sum of the total hourly charges for all reviewers plus any on-site review costs incurred.

2. An hourly charge per reviewer shall be determined by (i) obtaining a yearly cost by multiplying the reviewer's annual salary by 1.35 (accounts for overhead such as taxes and insurance) and then (ii) dividing the yearly cost by 1,642 (number of annual hours established by Fiscal Services, DGS the Department of General Services, for billing purposes).

3. The charge per reviewer shall be determined by multiplying the number of hours expended in the review by the reviewer's hourly charge.

4. If an on-site review is required, travel time and on-site review time shall be charged at the same hourly charge per reviewer, and any travel expenses shall be added.

H. Out-of-state laboratories - travel costs. The owner of an environmental laboratory located in another state who applies for certification under this chapter shall also pay a fee equal to the reasonable travel costs associated with conducting an on-site assessment at the laboratory. Reasonable travel costs include transportation, lodging, per diem, and telephone and duplication charges.

I. DCLS shall derive the travel costs charged under subsections G and H of this section from the Commonwealth of Virginia reimbursement allowances and rates for lodging, per diem, and mileage.

1VAC30-46-150. Fees.

A. General.

1. Environmental laboratories shall pay a fee with all applications, including reapplications, for accreditation. DCLS shall not designate an application as complete until it receives payment of the fee.

2. Each accredited environmental laboratory shall pay an annual fee to maintain its accreditation. DCLS shall send an invoice to the accredited environmental laboratory.

3. An environmental laboratory applying for secondary accreditation under 1VAC30-46-140 shall pay the same fee as other laboratories subject to this chapter.

4. Fees shall be nonrefundable.

B. Fee computation.

1. Fees shall be applied on an annual basis.

2. Environmental laboratories shall pay the total of the base fee and the test category fees set out in subsections C and D of this section.

C. Base fee.

1. DCLS determines the base fee for a laboratory by taking into account both the total number of methods and the total number of field of accreditation matrices for which the laboratory would be accredited.

2. DCLS shall charge the base fees set out in Table 1. The base fee for a laboratory is located by first finding the row for the total number of methods to be accredited and then finding the box on that row located in the column headed by the total number of matrices to be accredited. For example, DCLS charges a base fee of $1300 $1625 to a laboratory performing a total of eight methods for one matrix.

TABLE 1: BASE FEES
Number of Methods	One Matrix	Two Matrices	Three Matrices	Four or more Matrices
1 - 9	$1300 $1625	$1430 $1788	$1575 $1969	$1730 $2163
10 - 29	$1400 $1750	$1575 $1969	$1750 $2188	$1950 $2438
30 - 99	$1550 $1938	$1825 $2281	$2150 $2688	$2550 $3188
100 - 149	$1650 $2063	$1980 $2475	$2375 $2969	$2850 $3563
150+	$1800 $2250	$2250 $2813	$2825 $3531	$3525 $4406

D. Test category fees.

1. The test category fees cover the types of testing for which a laboratory may be accredited as specified in the laboratory's application or as accredited at the time of annual billing.

2. Fees shall be charged for each category of tests to be accredited.

3. Fees shall be charged for the total number of field of accreditation matrices to be accredited under the specific test category. For example, if a laboratory is performing inorganic chemistry for both nonpotable water and solid and chemical matrices, the fee for this test category would be found in the column for two matrices.

4. The fee for each category includes one or more analytical methods unless otherwise specified.

5. Test category fees. DCLS shall charge the test category fees set out in Table 2. The test category fees for a laboratory are located by first finding the row with the total number of test methods for the test category to be accredited. The fee to be charged for the test category will be found on that row in the column headed by the total number of matrices to be accredited. A laboratory performing four test methods for bacteriology in both nonpotable and drinking water (two matrices) would be charged a test category fee of $330 $413.

TABLE 2: TEST CATEGORY FEES
	Fees by Number of Matrices
Test Category	One	Two	Three or More
Aquatic toxicity, acute methods only	$400 $740	N/A	N/A
Aquatic toxicity, acute and chronic methods	$600 $990	N/A	N/A
Oxygen demand	$225 $281	$335 $419	$435 $544
Bacteriology, 1 - 3 total methods	$175 $219	$265 $331	$345 $431
Bacteriology, 4 or more total methods	$220 $275	$330 $413	$430 $538
Physical, 1 - 5 total methods	$175 $219	$265 $331	$345 $431
Physical, 6 - 10 total methods	$220 $275	$330 $413	$430 $538
Physical, 11 or more total methods	$275 $344	$415 $519	$540 $675
Inorganic chemistry, 1 - 10 total methods	$250 $313	$375 $469	$490 $613
Inorganic chemistry, 11 - 20 total methods	$315 $394	$475 $594	$620 $775
Inorganic chemistry, 21 - 49 total methods	$394 $493	$590 $738	$767 $959
Inorganic chemistry, 50 or more total methods	$492 $615	$740 $925	$962 $1203
Chemistry metals, 1 - 5 total methods	$325 $406	$490 $613	$637 $796
Chemistry metals, 6 - 20 total methods	$410 $513	$615 $769	$800 $1000
Chemistry metals, 21 or more total methods	$512 $640	$770 $963	$1000 $1250
Organic chemistry, 1 - 5 total methods	$400 $1020	$600 $1270	$780 $1495
Organic chemistry, 6 - 20 total methods	$500 $1145	$750 $1458	$975 $1739
Organic chemistry, 21 - 40 total methods	$625 $1301	$940 $1695	$1222 $2048
Organic chemistry, 41 or more total methods	$780 $1495	$1170 $1983	$1520 $2420
Radiochemical, 1 - 10 total methods	$600 $990	$900 $1365	$1170 $1703
Radiochemical, 11 or more total methods	$725 $1146	$1090 $1603	$1420 $2015
Asbestos	$725 $1146	$1090 $1603	$1420 $2015

6. Fee examples. Three examples are provided.

a. Example 1:

Base Fee	One matrix and four test methods	$1300 $1625
Test Category Fees
One Matrix
Nonpotable Water	Bacteriology (2 methods)	$175 $219
Nonpotable Water	Oxygen demand (1 method)	$225 $281
Nonpotable Water	Physical (1 method)	$175 $219
TOTAL		$1875 $2344

b. Example 2:

Base Fee	One matrix and 15 test methods	$1400 $1750
Test Category Fees
One Matrix
Nonpotable Water	Bacteriology (2 methods)	$175 $219
Nonpotable Water	Inorganic chemistry (9 methods)	$250 $313
Nonpotable Water	Metals (2 methods)	$325 $406
Nonpotable Water	Oxygen demand (1 method)	$225 $281
Nonpotable Water	Physical (1 method)	$175 $219
TOTAL		$2550 $3188

c. Example 3:

Base Fee	Two matrices and 27 test methods	$1575 $1969
Test Category Fees
One Matrix
Nonpotable Water	Bacteriology (4 methods)	$220 $275
Nonpotable Water	Oxygen demand (1 method)	$225 $281
Solid and Chemical Materials	Metals (1 method)	$325 $406
Two Matrices
Nonpotable Water and Solid and Chemical Materials	Inorganic chemistry (13 methods)	$475 $594
Nonpotable Water and Solid and Chemical Materials	Physical (7 methods)	$330 $413
TOTAL		$3150 $3938

E. Additional fees. Additional fees shall be charged to laboratories applying for the following: (i) modification to scope of accreditation under 1VAC30-46-90 B, (ii) transfer of ownership under 1VAC30-46-90 C, or (iii) petition for a variance under 1VAC30-46-160.

1. For any accredited environmental laboratory that applies to modify its scope of accreditation as specified under 1VAC30-46-90 B, DCLS shall assess a fee determined by the method in subsection F of this section.

2. Under 1VAC30-46-90 C, DCLS may charge a transfer fee to a certified laboratory that transfers ownership. A fee shall be charged if DCLS (i) needs to review documentation sent by the laboratory about the transfer of ownership or (ii) determines that an on-site assessment is necessary to evaluate the effect of the transfer of ownership. DCLS shall assess a fee determined by the method in subsection F of this section. If, under 1VAC30-46-90 C, DCLS determines that the change of ownership or location of laboratory requires reaccreditation of or reapplication by the laboratory, the laboratory shall pay the application fee required under this section.

3. Under 1VAC30-46-160, any person regulated by this chapter may petition the director to grant a variance from any requirement of this chapter. DCLS shall charge a fee for the time needed to review the petition, including any on-site assessment required. The fee shall be determined by the method specified in subsection F of this section.

F. Additional fees determination.

1. The fee shall be the sum of the total hourly charges for all reviewers plus any on-site review costs incurred.

2. An hourly charge per reviewer shall be determined by (i) obtaining a yearly cost by multiplying the reviewer's annual salary by 1.35 (accounts for overhead such as taxes and insurance) and then (ii) dividing the yearly cost by 1,642 (number of annual hours established by Fiscal Services, DGS Department of General Services, for billing purposes).

3. The charge per reviewer shall be determined by multiplying the number of hours expended in the review by the reviewer's hourly charge.

4. If an on-site review is required, travel time and on-site review time shall be charged at the same hourly charge per reviewer, and any travel expenses shall be added.

G. Out-of-state laboratories applying for primary accreditation.

1. The owner of an environmental laboratory located in another state who applies for primary accreditation under this chapter shall pay a surcharge of $5000 plus the labor costs of the on-site assessment and reasonable travel costs associated with conducting an on-site assessment at the laboratory. Reasonable travel costs include transportation, lodging, per diem, and telephone and duplication charges. These charges shall be in addition to the fees charged under subdivision A 1 and subsections B through D of this section.

2. Once the laboratory is accredited, DCLS shall charge the annual fee specified in subdivision A 2 and subsections B through D of this section, the labor costs for the on-site assessment, and reasonable travel costs associated with conducting the on-site assessment.

H. DCLS shall derive the travel costs charged under subsections F and G of this section from the Commonwealth of Virginia reimbursement allowances and rates for lodging, per diem, and mileage.