DEPARTMENT OF ENVIRONMENTAL QUALITY

WATER BUREAU

WATER RESOURCES PROTECTION

(By authority conferred on the department of environmental quality by sections 3103 and

3106 of 1994 PA 451, MCL 324.3103 and 324.3106)

PART 4. WATER QUALITY STANDARDS

R 323.1041 Purpose.

Rule 41. The purpose of the water quality standards as prescribed by these rules is to

establish water quality requirements applicable to the Great Lakes, the connecting waters,

and all other surface waters of the state, to protect the public health and welfare, to enhance

and maintain the quality of water, to protect the state's natural resources, and to serve the

purposes of Public Law 92-500, as amended, 33 U.S.C. 1251 et seq., Part 31, Water

Resources Protection, 1994 PA 451, MCL 324.3101 to 324.3119, and the Great Lakes

water quality agreement enacted November 22, 1978, and amended in 1987. These

standards may not reflect current water quality in all cases. Water quality of certain surface

waters of the state may not meet standards as a result of natural causes or conditions

unrelated to human influence. Where surface waters of the state may have been degraded

due to past human activities and attainment of standards in the near future is not

economically or technically achievable, these standards shall be used to improve water

quality. These standards are the minimum water quality requirements by which the surface

waters of the state shall be managed.

History: 1979 AC; 1986 AACS; 1994 AACS; 2006 AACS.

R 323.1043 Definitions; A to L.

Rule 43. As used in this part:

(a) "Acceptable daily exposure (ADE)" means an estimate of the maximum daily dose of

a substance that is not expected to result in adverse noncancer effects to the general human

population, including sensitive subgroups.

(b) "Acceptable wildlife endpoints" means subchronic and chronic endpoints that affect

reproductive or developmental success, organismal viability, or growth or any other

endpoint that is, or is directly related to, a parameter that influences population dynamics.

(c) "Acute-chronic ratio (ACR)" means a standard measure of the acute toxicity of a

material divided by an appropriate measure of the chronic toxicity of the same material

under comparable conditions.

(d) "Adverse effect" means any deleterious effect to organisms due to exposure to a

substance. The term includes effects that are or may become debilitating, harmful, or toxic

to the normal functions of the organism. The term does not include nonharmful effects such

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as tissue discoloration alone or the induction of enzymes involved in the metabolism of the

substance.

(e) "Agriculture use" means a use of water for agricultural purposes, including livestock

watering, irrigation, and crop spraying.

(f) "Anadromous salmonids" means trout and salmon that ascend streams to spawn.

(g) "Aquatic maximum value (AMV)" means the highest concentration of a material in

the ambient water column to which an aquatic community can be exposed briefly without

resulting in unacceptable effects, calculated according to the methodology specified in R

323.1057(2). The AMV is equal to 1/2 of the tier I or tier II final acute value (FAV).

(h) "Baseline bioaccumulation factor" means, for organic chemicals, a BAF that is based

on the concentration of freely dissolved chemicals in the ambient water and takes into

account the partitioning of the chemical within the organism. For inorganic chemicals, the

term means a BAF that is based on the wet weight of the tissue.

(i) "Baseline bioconcentration factor" means, for organic chemicals, a BCF that is based

on the concentration of freely dissolved chemicals in the ambient water and takes into

account the partitioning of the chemical within the organism. For inorganic chemicals, the

term means a BCF that is based on the wet weight of the tissue.

(j) "Bioaccumulation" means the net accumulation of a substance by an organism as a

result of uptake from all environmental sources.

(k) "Bioaccumulation factor (BAF)" means the ratio, in liters per kilogram, of a

substance's concentration in tissue of an aquatic organism to its concentration in the

ambient water where both the organism and its food are exposed and the ratio does not

change substantially over time.

(l) "Bioaccumulative chemical of concern (BCC)" means a chemical which, upon entering

the surface waters, by itself or as its toxic transformation product, accumulates in aquatic

organisms by a human health bioaccumulation factor of more than 1,000 after considering

metabolism and other physiochemical properties that might enhance or inhibit

bioaccumulation. The human health bioaccumulation factor shall be derived according to

R 323.1057(5). Chemicals with half-lives of less than 8 weeks in the water column,

sediment, and biota are not BCCs. The minimum BAF information needed to define an

organic chemical as a BCC is either a field-measured BAF or a BAF derived using the

biota-sediment accumulation factor (BSAF) methodology. The minimum BAF information

needed to define an inorganic chemical as a BCC, including an organometal, is either a

field-measured BAF or a laboratory-measured bioconcentration factor (BCF). The BCCs

to which these rules apply are identified in table 5 of R 323.1057.

(m) "Bioconcentration" means the net accumulation of a substance by an aquatic organism

as a result of uptake directly from the ambient water through gill membranes or other

external body surfaces.

(n) "Bioconcentration factor (BCF)" means the ratio, in liters per kilogram, of a

substance's concentration in tissue of an aquatic organism to its concentration in the

ambient water in situations where the organism is exposed through the water only and the

ratio does not change substantially over time.

(o) "Biota-sediment accumulation factor (BSAF)" means the ratio, in kilograms of

organic carbon per kilogram of lipid, of a substance's lipid-normalized concentration in

tissue of an aquatic organism to its organic carbon-normalized concentration in surface

sediment in situations where the ratio does not change substantially over time, both the

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organism and its food are exposed, and the surface sediment is representative of average

surface sediment in the vicinity of the organism.

(p) "Carcinogen" means a substance which causes an increased incidence of benign or

malignant neoplasms in animals or humans or that substantially decreases the time in which

neoplasms develop in animals or humans.

(q) "Chronic effect" means an adverse effect that is measured by assessing an acceptable

endpoint and results from continual exposure over several generations or at least over a

significant part of the test species' projected life span or life stage.

(r) "Coldwater fishery use" means the ability of a waterbody to support a balanced,

integrated, adaptive community of fish species which thrive in relatively cold water,

generally including any of the following:

(i) Trout.

(ii) Salmon.

(iii) Whitefish.

(iv) Cisco.

(s) "Connecting waters" means any of the following:

(i) The St. Marys river.

(ii) The Keweenaw waterway.

(iii) The Detroit river.

(iv) The St. Clair river.

(v) Lake St. Clair.

(t) "Control document" means any authorization issued by the department to any source

of pollutants to surface waters of the state that specifies conditions under which the source

is allowed to operate.

(u) "Conversion factor" means the decimal fraction of a metal corresponding to an

estimate of the percent total recoverable metal that was dissolved in the aquatic toxicity

tests that were most important in the derivation of the tier I or tier II aquatic life value for

that metal.

(v) "Department" means the director of the Michigan department of environmental quality

or his or her designee to whom the director delegates a power or duty by written instrument.

(w) "Depuration" means the loss of a substance from an organism as a result of any active

or passive process.

(x) "Designated use" means those uses of the surface waters of the state as established by

R 323.1100 whether or not they are being attained.

(y) "Discharge-induced mixing" means the mixing of a discharge and receiving water that

occurs due to discharge momentum and buoyancy up to the point where mixing is

controlled by ambient turbulence.

(z) "Dissolved oxygen" means the amount of oxygen dissolved in water and is commonly

expressed as a concentration in terms of milligrams per liter.

(aa) "Dissolved solids" means the amount of materials dissolved in water and is

commonly expressed as a concentration in terms of milligrams per liter.

(bb) "EC50" means a statistically or graphically estimated concentration that is expected

to cause 1 or more specified effects in 50% of a group of organisms under specified

conditions.

(cc) "Effluent" means a wastewater discharge from a point source to the surface waters of

the state.

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(dd) "Endangered species act (ESA)" means the endangered species act of 1973, as

amended, 16 U.S.C. §1531 et seq.

(ee) "Endangered or threatened species" means Michigan species that have been identified

as endangered or threatened pursuant to section 4 of the endangered species act and listed

in 50 C.F.R. §17 (2000).

(ff) "Fecal coliform" means a type of coliform bacteria found in the intestinal tract of

humans and other warm-blooded animals.

(gg) "Final acute value (FAV)" means the level of a chemical or mixture of chemicals that

does not allow the mortality or other specified response of aquatic organisms to exceed

50% when exposed for 96 hours, except where a shorter time period is appropriate for

certain species. The FAV shall be calculated under R 323.1057(2) if appropriate for the

chemical.

(hh) "Final chronic value (FCV)" means the level of a substance or a mixture of

substances that does not allow injurious or debilitating effects in an aquatic organism

resulting from repeated long-term exposure to a substance relative to the organism's

lifespan, calculated using the methodology specified in R 323.1057(2).

(ii) "Fish consumption use" means the ability of a surface water of the state to provide a

fishery for human consumption that is consistent with the level of protection provided by

these rules.

(jj) "Food chain multiplier (FCM)" means the ratio of a BAF to an appropriate BCF.

(kk) "Harmonic mean flow" means the number of daily flow measurements divided by

the sum of the reciprocals of the flows.

(ll) "Human cancer value (HCV)" means the maximum ambient water concentration of a

substance at which a lifetime of exposure from either drinking the water, consuming fish

from the water, and conducting water-related recreation activities or consuming fish from

the water and conducting water-related recreation activities will represent a plausible upper

bound risk of contracting cancer of 1 in 100,000 using the exposure assumptions and

methodology specified in R 323.1057(4).

(mm) "Human noncancer value (HNV)" means the maximum ambient water

concentration of a substance at which adverse noncancer effects are not likely to occur in

the human population from lifetime exposure through either drinking the water, consuming

fish from the water, and conducting water-related recreation activities or consuming fish

from the water and conducting water-related recreation activities, using the exposure

assumptions and methodology specified in R 323.1057(4).

(nn) "Industrial water supply" means a water source intended for use in commercial or

industrial applications or for noncontact food processing.

(oo) "Inland lake" means a surface water of the state that is an inland body of standing

water situated in a topographic depression other than an artificial agricultural pond that is

less than 1 acre, unless otherwise determined by the department. The department may

designate a dammed river channel or an impoundment as an inland lake based on aquatic

resources to be protected.

(pp) "Keweenaw waterway" means the entire Keweenaw waterway, including Portage

lake, Houghton county.

(qq) "Lake Superior basin-bioaccumulative substances of immediate concern (LSB-

BSIC)" means substances identified in the September 1991 binational program to restore

and protect the Lake Superior basin, including all of the following:

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(i) 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD).

(ii) Octachlorostyrene.

(iii) Hexachlorobenzene.

(iv) Chlordane.

(v) Dichloro-diphenyl-trichloroethane (DDT) and metabolites.

(vi) Dieldrin.

(vii) Toxaphene.

(viii) Polychlorinated biphenyls (PCBs).

(ix) Mercury.

(rr) "LC50" means a statistically or graphically estimated concentration that is expected

to be lethal to 50% of a group of organisms under specified conditions.

(ss) "Linearized multistage model" means a conservative mathematical model for cancer

risk assessment. The model fits linear dose-response curves to low doses. The model is

consistent with a no-threshold model of carcinogenesis.

(tt) "Loading capacity" means the greatest amount of pollutant loading that a water can

receive without violating water quality standards.

(uu) "Lowest observed adverse effect level (LOAEL)" means the lowest tested dose or

concentration of a substance that results in an observed adverse effect in exposed test

organisms when all higher doses or concentrations result in the same or more severe effects.

(vv) "Lotic" means surface waters of the state that exhibit flow.

History: 1979 AC; 1984 AACS; 1986 AACS; 1994 AACS; 1997 AACS; 1999 AACS; 2006 AACS.

R 323.1044 Definitions; M to W.

Rule 44. As used in this part:

(a) "Maximum acceptable toxicant concentration (MATC)" means the concentration

obtained by calculating the geometric mean of the lower and upper chronic limits from a

chronic test. A lower chronic limit is the highest tested concentration that did not cause the

occurrence of a specific adverse effect. An upper chronic limit is the lowest tested

concentration which did cause the occurrence of a specific adverse effect and above which

all tested concentrations caused such an occurrence.

(b) "Mixing zone" means the portion of a water body in which a point source discharge

or venting groundwater is mixed with the receiving water.

(c) "Natural water temperature" means the temperature of a body of water without an

influence from an artificial source or a temperature as otherwise determined by the

department.

(d) "New discharge" means any building, structure, facility, or installation from which

there is or may be a discharge of substances to the surface waters of the state, the

construction of which commenced after July 29, 1997.

(e) "No observed adverse effect level (NOAEL)" means the highest tested dose or

concentration of a substance that results in no observed adverse effect in exposed test

organisms where higher doses or concentrations result in an adverse effect.

(f) "Nonpoint source" means a source of material to the surface waters of the state other

than a source defined as a point source.

(g) "Octanol-water partition coefficient (Kow)" means the ratio of the concentration of a

substance in the n-octanol phase to its concentration in the aqueous phase in an equilibrated

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2-phase octanol-water system. For log Kow, the log of the octanol-water partition

coefficient is a base 10 logarithm.

(h) "Palatable" means the state of being agreeable or acceptable to the sense of sight, taste,

or smell.

(i) "Partial body contact recreation" means any activities normally involving direct

contact of some part of the body with water, but not normally involving immersion of the

head or ingesting water, including fishing, wading, hunting, and dry boating.

(j) "Plant nutrients" means the chemicals, including nitrogen and phosphorus, necessary

for the growth and reproduction of aquatic rooted, attached, and floating plants, fungi, or

bacteria.

(k) "Point source" means a discharge that is released to the surface waters of the state by

a discernible, confined, and discrete conveyance, including any of the following from

which wastewater is or may be discharged:

(i) A pipe.

(ii) A ditch.

(iii) A channel.

(iv) A tunnel.

(v) A conduit.

(vi) A well.

(vii) A discrete fissure.

(viii) A container.

(ix) A concentrated animal feeding operation.

(x) A boat or other watercraft.

(l) "Public water supply sources" means the surface waters of the state at the point of

water intake as identified in the publication "public water supply intakes in Michigan,"

dated December 9, 1999, and contiguous areas as the department determines necessary to

assure protection of the source.

(m) "Receiving waters" means the surface waters of the state into which an effluent is or

may be discharged.

(n) "Relative source contribution (RSC)" means the factor (percentage) used in

calculating an HNV to account for all sources of exposure to a contaminant. The RSC

reflects the percent of total exposure that can be attributed to surface water through water

intake and fish consumption.

(o) "Risk associated dose (RAD)" means a dose of a known or presumed carcinogenic

substance, in milligrams per kilogram per day, that, over a lifetime of exposure, is

estimated to be associated with a plausible upper bound incremental cancer risk equal to 1

in 100,000.

(p) "Sanitary sewage" means treated or untreated effluent that contains human metabolic

and domestic wastes.

(q) "Significant industrial user (SIU)" means either of the following:

(i) A nondomestic user subject to categorical pretreatment standards under 40 C.F.R. §403

(1992) and 40 C.F.R. chapter I, subchapter N (1990).

(ii) A nondomestic user to which 1 of the following provisions applies:

(A) The user discharges an average of 25,000 gallons per day or more of process

wastewater to the publicly owned treatment works, excluding sanitary, noncontact cooling,

and boiler blowdown wastewater.

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(B) The user contributes a process wastestream that makes up 5% or more of the average

dry weather hydraulic or organic capacity of the publicly owned treatment works.

(C) The user is designated as a significant industrial user by the control authority on the

basis that the user has a potential for adversely affecting the publicly owned treatment

works' operation or for violating any pretreatment standard or requirement. Upon a finding

that a nondomestic user meeting the criteria in this subdivision has no reasonable potential

for adversely affecting the publicly owned treatment works' operation or for violating any

pretreatment standard or requirement, the control authority may, at any time, on its own

initiative or in response to a petition received from a nondomestic user or publicly owned

treatment works, determine that a nondomestic user is not a significant nondomestic user.

(r) "Slope factor" means the incremental rate of cancer development calculated using a

linearized multistage model or other appropriate model. It is expressed in milligrams per

kilogram per day of exposure to the chemical in question and is also known as q₁*.

(s) "Standard" means a definite numerical value or narrative statement promulgated by

the department to maintain or restore water quality to provide for, and fully protect, a

designated use of the surface waters of the state.

(t) "Subchronic effect" means an adverse effect, measured by assessing an acceptable

endpoint resulting from continual exposure for a period of time less than the time deemed

necessary for a chronic test.

(u) "Surface waters of the state" means all of the following, but does not include drainage

ways and ponds used solely for wastewater conveyance, treatment, or control:

(i) The Great Lakes and their connecting waters.

(ii) All inland lakes.

(iii) Rivers.

(iv) Streams.

(v) Impoundments.

(vi) Open drains.

(vii) Wetlands.

(viii) Other surface bodies of water within the confines of the state.

(v) "Suspended solids" means the amount of materials suspended in water and is

commonly expressed as a concentration in terms of milligrams per liter.

(w) "Threshold effect" means an effect of a substance for which there is a theoretical or

empirically established dose or concentration below which the effect does not occur.

(x) "Total body contact recreation" means any activities normally involving direct contact

with water to the point of complete submergence, particularly immersion of the head, with

considerable risk of ingesting water, including swimming.

(y) "Total maximum daily load (TMDL)" means an allowable pollutant loading to a

surface water of the state as defined in R 323.1207.

(z) "Toxic substance" means a substance, except for heat, that is present in sufficient a

concentration or quantity that is or may be harmful to plant life, animal life, or designated

uses.

(aa) "Uncertainty factor (UF)" means one of several numeric factors used in operationally

deriving criteria from experimental data to account for the quality or quantity of the

available data.

(bb) "Uptake" means the acquisition of a substance from the environment by an organism

as a result of any active or passive process.

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(cc) "Venting groundwater" means groundwater that is entering a surface water of the

state from a facility, as defined in section 20101 of 1994 PA 451, MCL 324.20101.

(dd) "Warmwater fishery use" means the ability of a waterbody to support a balanced,

integrated, adaptive community of fish species which thrive in relatively warm water,

including any of the following:

(i) Bass.

(ii) Pike.

(iii) Walleye.

(iv) Panfish.

(ee) "Wasteload allocation (WLA)" means the allocation for an individual point source

which ensures that the level of water quality to be achieved by the point source complies

with these rules.

(ff) "Wastewater" means any of the following:

(i) Storm water runoff that could result in injury to a use designated in R 323.1100.

(ii) Liquid waste resulting from commercial, institutional, domestic, industrial, and

agricultural activities, including cooling and condensing waters.

(iii) Sanitary sewage.

(iv) Industrial waste.

(gg) "Water quality value" means a tier I or tier II aquatic life or human health value or

tier I wildlife value developed under R 323.1057.

(hh) "Watershed" means the geographic region within which water drains into a particular

river, stream, or body of water.

(ii) "Wetland" means land characterized by the presence of water at a frequency and

duration sufficient to support, and that under normal circumstances does support, wetland

vegetation or aquatic life.

(jj) "Whole effluent toxicity" means the total toxic effect of an effluent measured directly

with a toxicity test under R 323.1219.

(kk) "Wildlife use" means that a waterbody will not likely cause population-level impacts

to mammalian and avian wildlife populations from lifetime exposure to the waterbody as

a source of drinking water and aquatic food, consistent with the level of protection provided

by these rules.

(ll) "Wildlife value" means the maximum ambient water concentration of a substance at

which adverse effects are not likely to result in population-level impacts to mammalian and

avian wildlife populations from lifetime exposure through drinking water and aquatic food

supply, using the methodology specified in R 323.1057(3).

History: 1979 AC; 1985 AACS; 1986 AACS; 1994 AACS; 1997 AACS; 2006 AACS.

R 323.1050 Physical characteristics.

Rule 50. The surface waters of the state shall not have any of the following physical

properties in unnatural quantities which are or may become injurious to any designated

use:

(a) Turbidity.

(b) Color.

(c) Oil films.

(d) Floating solids.

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(e) Foams.

(f) Settleable solids.

(g) Suspended solids.

(h) Deposits.

History: 1979 AC; 1986 AACS; 2006 AACS.

R 323.1051 Dissolved solids.

Rule 51. (1) The addition of any dissolved solids shall not exceed concentrations which

are or may become injurious to any designated use. Point sources containing dissolved

solids shall be considered by the commission on a case-by-case basis and increases of

dissolved solids in the waters of the state shall be limited through the application of best

practicable control technology currently available as prescribed by the administrator of the

United States environmental protection agency pursuant to section 304(b) of Public Law

92-500, as amended, 33 U.S.C. §466 et seq., except that in no instance shall total dissolved

solids in the waters of the state exceed a concentration of 500 milligrams per liter as a

monthly average nor more than 750 milligrams per liter at any time, as a result of

controllable point sources.

(2) The waters of the state designated as a public water supply source shall not exceed

125 milligrams per liter of chlorides as a monthly average, except for the Great Lakes and

connecting waters, where chlorides shall not exceed 50 milligrams per liter as a monthly

average.

History: 1979 AC; 1984 AACS.

R 323.1053 Hydrogen ion concentration.

Rule 53. The hydrogen ion concentration expressed as pH shall be maintained within the

range of 6.5 to 9.0 S.U. in all surface waters of the state, except for those waters where the

background pH lies outside the range of 6.5 to 9.0 S.U. Any requests to artificially induce

a pH change greater than 0.5 S.U. in surface waters where the background pH lies outside

the range of 6.5 to 9.0 S.U., shall be considered by the department on a case-by-case basis.

History: 1979 AC; 1986 AACS; 2006 AACS.

R 323.1055 Taste- or odor-producing substances.

Rule 55. The surface waters of the state shall contain no taste-producing or odor-

producing substances in concentrations which impair or may impair their use for a public,

industrial, or agricultural water supply source or which impair the palatability of fish as

measured by test procedures approved by the department.

History: 1979 AC; 1986 AACS; 2006 AACS.

R 323.1057 Toxic substances.

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Rule 57. (1) Toxic substances shall not be present in the surface waters of the state at

levels that are or may become injurious to the public health, safety, or welfare, plant and

animal life, or the designated uses of the waters. As a minimum level of protection, toxic

substances shall not exceed the water quality values specified in, or developed pursuant to,

the provisions of subrules (2) to (4) of this rule or conditions set forth by the provisions of

subrule (6) of this rule. A variance to these values may be granted consistent with the

provisions of R 323.1103.

(2) Levels of toxic substances in the surface waters of the state shall not exceed the

aquatic life values specified in tables 1 and 2, or, in the absence of such values, values

derived according to the following processes, unless site-specific modifications have

been developed pursuant to subdivision (r) of this subrule:

(a) Minimum data requirements to derive a tier I final acute value (FAV), which is used

to calculate a tier I aquatic maximum value (AMV), include the results of acceptable acute

tests for 1 freshwater species from each of the following:

(i) The family salmonidae in the class Osteichthyes.

(ii) One other family, preferably a commercially or recreationally important

warmwater species, in the class Osteichthyes.

(iii) A third family in the phylum Chordata.

(iv) A planktonic crustacean.

(v) A benthic crustacean.

(vi) An insect.

(vii) A family in a phylum other than Arthropoda or Chordata.

(viii) A family in any order of insect or any phylum not already represented.

(b) Minimum data requirements to derive a tier I final chronic value (FCV) include

acceptable chronic tests for the data requirements in subdivision (a) of this subrule or

acute-to-chronicratios (ACRs) shall be available with at least 1 species of aquatic animal

in at least 3 different families provided that, of the 3 species, all of the following

provisions apply:

(i) At least 1 is a fish.

(ii) At least 1 is an invertebrate.

(iii) At least 1 is an acutely sensitive freshwater species. The other 2 may be

saltwater species.

(c) The following are acute test types to be used in the development of acute values:

(i) Daphnids, other cladocerans, and midges. Tests with daphnids and other

cladocerans shall be started with organisms less than 24 hours old and tests with midges

shall be started with second or third instar larvae. The results shall be a 48-hour EC50

based on the total percentage oforganisms killed and immobilized. If the results of a 48-

hour EC50 based on the total percentage of organisms killed and immobilized are not

available, then the results shall be a 48-hour LC50. Tests longer than 48 hours are

acceptable if the animals were not fed and the control animals were acceptable at the end

of the test.

(ii) Bivalve mollusc embryos and larvae. Results of a 96-hour EC50 based on the

percentage of organisms that have incompletely developed shells plus the percentage of

organisms killed. If the results of a 96-hour EC50 based on the percentage of organisms

that have incompletely developed shells plus the percentage of organisms killed are not

available, then the lowest of the following shall be used:

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(A) A 48-hour to 96-hour EC50 based on the percentage of organisms that have

incompletely developed shells plus the percentage of organisms killed.

(B) A 48-hour to 96-hour EC50 based upon the percentage of organisms

that have incompletely developed shells.

(C) A 48-hour to 96-hour LC50.

(iii) All other aquatic animal species. Results of a 96-hour EC50 based on the

percentage of organisms exhibiting loss of equilibrium plus the percentage of organisms

immobilized plus the percentage of organisms killed. If results of a 96-hour EC50 based

on the percentage of organisms exhibiting loss of equilibrium plus the percentage of

organisms immobilized plus the percentage of organisms killed are not available, then the

lowest of the following shall be used:

(A) The 96-hour EC50 based on the percentage of organisms exhibiting loss of

equilibrium plus the percentage of organisms immobilized.

(B) The 96-hour LC50.

(d) The following are chronic test types to be used in the development of chronic

values:

(i) Life cycle toxicity tests. Tests with fish should begin with embryos or newly hatched

young that are less than 48 hours old, continue through maturation and reproduction, and

end not less than 24 days, or 90 days for salmonids, after the hatching of the next generation.

Tests with daphnids should begin with young that are less than 24 hours old and last for not

less than 21 days, or for ceriodaphnids not less than 7 days. Tests with mysids should begin

with young that are less than 24 hours old and continue until 7 days past the median time of

first brood release in the controls.

(ii) Partial life cycle toxicity tests for fishes. Exposure to the test material should

begin with immature juveniles not less than 2 months before active gonad

development, continue through maturation and reproduction, and end not less than 24

days, or 90 days for salmonids, after the hatching of the next generation.

(iii) Early life stage toxicity tests for fishes. Test durations are 28 to 32 days, or 60

days post hatch for salmonids, beginning shortly after fertilization and continuing through

embryonic, larval, and early juvenile development.

(iv) Larval survival and growth test for fathead minnows, Pimephales promelas. The

test is a static-renewal test 7 days in duration beginning with larvae that are less than 24

hours old. The tests shall be used on a case-by-case basis where the discharger

demonstrates to the department, or the department determines, that the results of the tests

are comparable to test results produced by any of the test methods identified in

paragraphs (i) to (iii) of this subdivision.

(e) All of the following provisions apply in the selection of data for use in aquatic life

value development:

(i) All data that are used shall be typed and dated and be accompanied by enough

supporting information to indicate that acceptable test procedures, such as the procedures

of the american society of testing and materials and the procedures of the United States

EPA, were used and that the results are reliable.

(ii) Questionable data, data on formulated mixtures and emulsifiable concentrates, data

on species that are nonresident to North America, and data obtained with previously

exposed organisms shall not be used in the derivation of chemical-specific aquatic life

values.

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(iii) Acute values reported as "greater than" values and acute values that are above

the solubility of the test material shall be used by assuming that the acute value is equal

to the greater than value or the upper limit of the test material solubility, respectively.

(iv) The agreement of the data within and between species shall be considered. Acute

values that appear to be questionable in comparison with other acute and chronic data

for the same species and for other species in the same genus shall not be used.

(v) If the data indicate that 1 or more life stages are at least a factor of

2 more resistant than 1 or more other life stages of the same species, then the data for

the more resistant life stages shall not be used in the calculation of an FAV.

(vi) Chronic values shall be based on the results of flow-through chronic tests in which

the concentration of test material in the test solutions was measured at appropriate times

during the test. However, renewal tests are acceptable for daphnids or the 7-day fathead

minnow test.

(f) Where appropriate and where sufficient dissolved toxicological data or conversion

factors are available, aquatic life water quality values for metals shall be expressed as

dissolved to better approximate the bioavailable fraction in the water column.

(g) If the acute toxicity of the chemical has not been adequately shown to be related to

hardness, pH, or other water quality characteristics, a tier I FAV shall be calculated using

the following procedures:

(i) For each species for which at least 1 acceptable acute test result is available, the

species mean acute value (SMAV) shall be calculated as the geometric mean of the results

of all acceptable flow-through acute toxicity tests in which the concentrations of test

material were measured with the most sensitive tested life stage of the species. For a

species for which an acceptable flow-through acute toxicity test in which the

concentrations of the test material were measured is not available, the SMAV shall be

calculated as the geometric mean of all acceptable acute toxicity tests with the most

sensitive tested life stage.

(ii) For each genus for which 1 or more SMAVs are available, the genus mean acute

value (GMAV) shall be calculated as the geometric mean of the SMAVs.

(iii) Order the GMAVs from high to low.

(iv) Assign ranks, r, to the GMAVs from "1" for the lowest to "n" for the highest. If 2

or more GMAVs are identical, then assign them successive ranks.

(v) Calculate the cumulative probability, P, for each GMAV as r/(n + 1).

(vi) Select the 4 GMAVs that have cumulative probabilities closest to 0.05. If there are

fewer than 59 GMAVs, the 4 GMAVs that have cumulative probabilities closest to 0.05

will always be the 4 lowest GMAVs.

(vii) Using the 4 selected GMAVs, and Ps, calculate the tier I FAV as follows:

S²= ∑ ((ln G M A V) ²) – (∑ (ln G M A V ))²

4

∑ (P) – ( ∑ ( P )) ²

4

Page 12

L = ∑ (ln G M A V) – S( ∑ ( P ))

4

A = S( 0.05 ) + L

Tier I FAV = e^A.

(h)If data for the chemical are available to show that the acute toxicity of at least 1 fish

and 1 invertebrate species is related to a water quality characteristic, then a tier I FAV

equation shall be calculated using the following procedures:

(i) For each species for which comparable acute toxicity values are available at 2 or

more different values of the water quality characteristic, perform a least squares

regression of the acute toxicity values on the corresponding values of the water quality

characteristic to obtain the slope and its 95% confidence limits for each species. Because

the best documented water quality relationship is between hardness and acute toxicity of

metals in fresh water and a log-log relationship fits these data, geometric means and

natural logarithms of both toxicity and water quality shall be used. For relationships

based on other water quality characteristics, no transformation or a different

transformation might fit the data better, and appropriate changes shall be made.

(ii) Decide whether the data for each species are relevant taking into account the

range and number of the tested values of the water quality characteristic and the degree

of agreement within and between species.

(iii) If useful slopes are not available for at least 1 fish and 1 invertebrate, if the useful

slopes are too dissimilar, or if too few data are available to adequately define the

relationship between acute toxicity and the water quality characteristic, then return to the

provisions of subdivision (g) of this subrule, using the results of tests conducted under

conditions and in waters similar to those commonly used for toxicity tests with the species.

(iv) For each species, calculate the geometric mean, W, of the acute values and then

divide each of the acute values for each species by W. This normalizes the acute values so

that the geometric mean of the normalized values for each species individually and for any

combination of species is 1.0. To select tests for calculating W, use the data preference

requirements described in subdivision (e)(i) of this subrule.

(v) For each species, calculate the geometric mean, X, of the water quality

characteristic data points and then divide each of the data points for each species by X.

This normalizes the water quality characteristic data points so that the geometric mean of

the normalized data points for each species individually and for any combination of data

points is 1.0.

(vi) For each species, perform a least squares regression of the normalized acute

values on the normalized water quality characteristic. The resulting slopes and 95%

confidence limits will be identical to those obtained in paragraph (i) of this subdivision.

Page 13

(vii) Perform a least squares regression of all of the normalized acute values on the

corresponding normalized values of the water quality characteristic to obtain the pooled

acute slope, V, and its 95% confidence limits.

(viii) For each species, calculate the logarithm, Y, of the SMAV at a selected value,

Z, of the water quality characteristic using the equation:

Y = ln W - V(ln X - ln

Z).

(ix) For each species, calculate the SMAV at Z using the equation:

Y

SMAV = e .

(x) For each species for which at least 1 acceptable acute test result is available, the

species mean acute value (SMAV) shall be calculated as the geometric mean of the results

of all acceptable flow-through acute toxicity tests in which the concentrations of test

material were measured with the most sensitive tested life stage of the species. For a

species for which an acceptable flow-through acute toxicity test in which the

concentrations of the test material was measured is not available, the SMAV shall be

calculated as the geometric mean of all acceptable acute toxicity tests with the most

sensitive tested life stage.

(xi) Obtain the tier I FAV at Z by using the procedure described in subdivision

(g)(ii) to (vii) of this subrule.

(xii) The tier I FAV equation for any selected value of a water quality characteristic

is:

tier I FAV = e ^{(V[ln(water quality characteristic)]+A-V[lnZ])}

Where:

V = pooled acute slope.

A = ln(tier 1 FAV at Z).

Z = selected value of the water quality characteristic as used in paragraph

(viii) of this subdivision.

(i) If the acute and chronic toxicity of the chemical has not been adequately shown

to be related to hardness, pH, or other water quality characteristics, then a tier I final

chronic value (FCV) shall be calculated using the following procedures:

(i) If at least 1 maximum acceptabletoxicant concentration(MATC) is availableto meet

each of the minimum data requirements as described in subdivision (a) of this subrule, then

a species mean chronic value (SMCV) shall be determined for each species by calculating

the geometric mean of the MATCs selected from acceptable tests in the following order of

preference:

(A) All life cycle and partial life cycle toxicity tests with the species. (B) All

early life stage tests.

(C) All 7-day larval survival and growth tests for fathead minnows. Genus mean

chronic values (GMCV) shall then be calculated as the geometric mean of the SMCVs for

the genus. The tier I FCV shall be obtained using the procedure described in subdivision

(g)(i) to (vii) of this subrule substituting FCV for FAV, chronic for acute, SMCV for

SMAV, and

GMCV for GMAV.

Page 14

(ii) If MATCs are not available to meet the minimum data requirements as described in

subdivision (a) of this subrule, then the tier I FCV shall be calculated as follows:

(A) For each MATC for which at least 1 corresponding acute value is available,

calculate an acute-to-chronic ratio (ACR). An ACR is calculated by dividing the

geometric mean of the results of all acceptable flow- through acute tests in which the

concentrations are measured by the MATC. Static tests are acceptable for daphnids and

midges. For fish, the acute test or tests should be conducted with juveniles. Tests used to

develop an ACR shall meet 1 of the following conditions and be used in the following

order of preference:

(1) The acute test or tests are part of the same study as the chronic test.

(2) The acute test or tests were conducted as part of a different study as the chronic

tests, but in the same laboratory and dilution water.

(3) The acute and chronic tests were conducted in the same dilution water, but in

different laboratories.

(B) For each species, calculate the species mean ACR (SMACR) as the geometric

mean of all ACRs available for that species.

(C) The tier I ACR can be obtained in the following 3 ways, depending on the data

available:

(1) If the species mean ACR seems to increase or decrease as the SMAVs increase,

then the tier I ACR shall be calculated as the geometric mean of the ACRs for species

that have SMAVs which are close to the FAV.

(2) If a major trend is not apparent and the ACRs for all species are within a factor

of 10, then the tier I ACR shall be calculated as the geometric mean of all of the

SMACRs.

(3) If the SMACRs are less than 2.0, and especially if they are less than 1.0, acclimation

has probably occurred during the chronic test. In this situation, because continuous

exposure and acclimation cannot be assured to provide adequate protection in field

situations, the tier I ACR shall be assumed to be 2, so that the tier I FCV is equal to the

aquatic maximum value (AMV).

(D) Calculate the tier I FCV by dividing the tier I FAV by the tier I ACR. (j) If data

for the chemical are available to show acute or chronic toxicity to at least 1 species is

related to a water quality characteristic, then a tier I FCV equation shall be calculated

using the following procedures:

(i) If MATCs are available to meet the minimum data requirements described in

subdivision (a) of this subrule, then a tier I FAV equation shall be derived as follows:

(A) For each species for which comparable MATCs are available at 2 or more different

values of the water quality characteristic, perform a least squares regression of the

MATCs on the corresponding values of the water quality characteristic to obtain the slope

and its 95% confidence limits for each species. Because the best documented water

quality relationship is that between hardness and chronic toxicity of metals in fresh water

and a log-log relationship fits these data, geometric means and natural logarithms of both

toxicity and water quality shall be used. For relationships based on other water quality

characteristics, no transformation or a different transformation might fit the data better,

and appropriate changes shall be made.

Page 15

(B) Decide whether the data for each species are relevant, taking into account the

range and number of the tested values of the water quality characteristic and the degree

of agreement within and between species.

(C) If a useful chronic slope is not available for at least 1 species or if the available

slopes are too dissimilar or if too few data are available to adequately define the

relationship between the MATC and the water quality characteristic, then assume that

the chronic slope is the same as the acute slope, or return to subdivision (i) of this

subrule, using the results of tests conducted under conditions and in water similar to

conditions and water commonly used for toxicity tests with the species.

(D) For each species, calculate the geometric mean of the available MATCs, M, and

then divide each MATC for a species by the mean for the species. This normalizes the

MATCs so that the geometric mean of the normalized values for each species

individually, and for any combination of species, is 1.0. To select tests for calculating

M, use the data preference requirements described in subdivision (i)(i) of this subrule.

(E) For each species, calculate the geometric mean, P, of the water quality

characteristic data points and then divide each of the data points for each species by P.

This normalizes the water quality characteristic data points so that the geometric mean

of the normalized data points for each species individually and for any combination of

data points is 1.0.

(F) For each species, perform a least squares regression of the normalized

chronic toxicity values on the corresponding normalized values of the water

quality characteristic.

(G) Perform a least squares regression of all the normalized chronic values on the

corresponding normalized values of the water quality characteristic to obtain the

pooled chronic slope, L, and its 95% confidence limits.

(H) For each species, calculate the logarithm, Q, of the SMCV at a selected value, Z,

of the water quality characteristic using the equation:

Q = ln M - L(lnP - ln Z).

(I) For each species, calculate aN SMCV at Z using the equation: SMCV =

Q

e .

subdivision (g)(ii) to

(J) Obtain the tier I FCV at Z by using the procedure described in

(vii) of this subrule.

(K) The tier I FCV equation is written as follows:

tier I FCV = e^{(L[ln water quality characteristic]) + S - L[lnZ])}

Where:

L = pooled chronic

slope.

S = ln(tier I FCV at Z).

Z = selected value of the water quality characteristic as used in subparagraph

(h) of this paragraph.

(ii) If MATCs are not available to meet the minimum data requirements described in

subdivision (a) of this subrule, then the tier I FCV equation shall be calculated as follows:

Page 16

(A) If ACRs are available for enough species at enough values of the water quality

characteristic to indicate that the ACR appears to be the same for all species and appears

to be independent of the water quality characteristic, then calculate the tier I ACR as the

geometric mean of the available SMACRs. The ACR shall be derived using the

provisions in subdivision (i)(ii) of this subrule.

(B) Calculate the tier I FCV at the selected value Z of the water quality characteristic

by dividing the tier I FCV FAV at Z, derived in subdivision (h) of this subrule, by the tier

I ACR.

(C) Use V = pooled acute slope as L = pooled chronic slope.

(D) The tier I FCV equation is written as follows:

tier I FCV = e^{(L[ln water quality characteristic]) + S - L[lnZ])}

Whe

re:

Page 17

L = pooled chronic

slope.

S = ln(tier I FCV at

Z).

Z = selected value of the water quality characteristic as used in subparagraph

(B) of this paragraph.

(k) If the minimum data requirements in subdivision (a) of this subrule are not available

to derive a tier I FAV, it is possible to derive a tier II FAV if the data base for the chemical

contains a GMAV for Ceriodaphnia sp., Daphnia sp., or Simocephalus sp. and 1 other

freshwater species that meets any additional minimum requirements of subdivision (a) of

this subrule. To select tests for calculating a tier II FAV, use the data preference

requirements described in subdivision (g)(i) of this subrule.

The tier II FAV shall be calculated for a chemical as follows:

(i) The lowest GMAV in the database is divided by the tier II acute factor (AF)

from table 3 corresponding to the number of satisfied tier I minimum data

requirements listed in subdivision (a) of this subrule.

(ii) If appropriate, the tier II FAV shall be made a function of a water quality

characteristic in a manner similar to that described in subdivision (h) of this subrule.

(l) If the minimum data requirements in subdivision (b) of this subrule are not

available to derive a tier I FCV, it is possible to derive a tier II FCV for a chemical by

1 of the following methods listed in order of preference:

(i)

Tier II FCV = tier I FAV

ACR

tier II

Where:

Tier II ACR = tier II acute-chronic ratio determined by assuming enough ACRs of 18

so that the total number of ACRs for the chemical equals 3. The tier II ACR is the

geometric mean of the 3 ACRs.

(ii)

Tier II FCV = tier II FAV

tier I

ACR

Where:

Tier I ACR = the final acute-chronicratio for the chemical derived using the provisions

in subdivision (i)(ii) of this subrule.

(iii) Tier II FCV = tier II FAV

tier II ACR

(iv) If appropriate, the tier II FCV shall be made a function of a water quality

characteristic in a manner similar to that described in subdivision (j) of this subrule.

(m) If, for a commercially or recreationally important species of the surface waters of

the state, the geometric mean of the acute values or chronic values from a flow-through

test in which the concentrations of the test materials were measured is lower than the

calculated FAV or FCV, then that geometric mean shall be used as the FAV or FCV

instead of the calculated FAV or FCV. For chemicals that have final acute or chronic

value equations, if the SMAV or SMCV at Z of a commercially or recreationally

important species of the surface waters of the state is lower than the calculated FAV or

FCV at Z, then that SMAV or SMCV shall be used as the FAV or FCV at Z.

(n) The tier I or tier II aquatic maximum value (AMV) shall be derived by dividing

the tier I or tier II FAV by 2.

Page 18

(o) A water concentration protective of aquatic plants shall be evaluated for a

chemical on a case-by-case basis if data are available from tests with an important

aquatic plants species in which the concentration of test material is measured and

the endpoint is biologically important. If appropriate, the tier I or tier II FCV shall

be lowered to be protective of aquatic plants.

(p) On the basis of all available pertinent laboratory and field information, determine if

the tier I and tier II aquatic life values are consistent with sound scientific evidence. If

the values are not consistent with sound scientific evidence, then the values shall be

adjusted to more appropriately reflect the weight of scientific evidence.

(q) The tier I or tier II AMV shall be applied as a 24-hour average and compliance shall

be based on the average of all samples taken at a site within the same 24-hour period. The

tier I or tier II FCV shall be applied as a monthly average and compliance shall be based

on the average of all daily measurements taken at a site within the same calendar month.

(r) Aquatic life values may be modified on a site-specific basis to be more or less

stringent to reflect local environmental conditions. All of the following provisions apply

to aquatic life values modification:

(i) Less stringent modifications shall be based on sound scientific rationale, shall be

protective of designated uses of the surface waters of the state, and shall not jeopardize

the continued existence of endangered or threatened species listed or proposed under

section 4 of the endangered species act or result in the destruction or adverse modification

of the species’ critical habitat.

(ii) Modifications may be derived using the recalculation procedure, water effect ratio

procedure, or resident species procedure described in section 3.7 entitled "Site-Specific

Aquatic Life Criteria" in chapter 3 of the United States EPA Water Quality Standards

Handbook, second edition - revised (1994). In addition, modifications may be derived

using the procedure entitled “Streamlined Water Effect Ratio Procedure for Discharges

of Copper” (United States EPA, 2001).

(iii) For the purposes of implementing the recalculation and resident species

procedures described under paragraph (ii) of this subdivision, species that occur at a

site include species to which any of the following provisions apply:

(A) The species are present at the site at any time of the year or are determined by

a representative sampling regime.

migration.

(B) The species are present at the site only seasonally due to

(C) The species are present intermittently because they periodically return to or

extend their ranges into the site.

(D) The species were present at the site in the past, are not currently present at the

site due to degraded conditions, and are expected to return to the site when conditions

improve.

(E) The species are present in nearby bodies of water, are not currently present at the

site due to degraded conditions, and are expected to be present at the site when conditions

improve.

(iv) For the purposes of implementing the recalculation and resident species procedures

described under paragraph (ii) of this subdivision, the species that occur at a site do not

include species which were once present at the site, but which cannot exist at the site now

due to permanent physical alteration of the habitat at the site.

Page 19

(v) More stringent modifications to protect endangered or threatened species listed or

proposed under section 4 of the endangered species act may be accomplished using

either of the following procedures:

(A) For a listed or proposed species or for a surrogate of a listed or proposed species,

if the SMAV or SMCV is lower than the calculated FAV or FCV, the lower SMAV or

SMCV may be used instead of the calculated FAV or FCV in developing site-specific

modified criteria.

(B) The recalculation procedure described in section 3.7 entitled "Site- Specific

Aquatic Life Criteria" in chapter 3 of the United States EPA Water Quality Standards

Handbook, second edition-revised (1994).

(vi) Any site-specific modifications developed pursuant to this subdivision shall be

approved by the department.

(3) Levels of toxic substances in the surface waters of the state shall not exceed the

wildlife values specified in table 4 or, in the absence of such values, the wildlife values

derived according to the following process, unless site-specific modifications have been

developed pursuant to subdivision (n) of this subrule:

(a) Tier I wildlife values for the BCCs listed in table 5, with the exception of the

wildlife values listed in table 4, shall be calculated using the following equation:

TD

x Wt

WV= UF_Ax UF_Sx UF_L

WL

BAF

TLi

W + ∑( F_TLi

x

)

Where:

WV = wildlife value in milligrams of substance per liter (mg/L).

TD = test dose (TD) in milligrams of substance per kilograms per day

(mg/kg/d) for the test species. This shall be either a NOAEL or a LOAEL.

UF_A= uncertainty factor (UF) for extrapolating toxicity data across

(unitless). A

species

each representative species,

species-specific UF shall be selected and applied to

consistent with the equation.

UF = UF for extrapolating from subchronic to chronic exposures

(unitless).

S

UF_L= UF for LOAEL to NOAEL extrapolations (unitless).

Wt = average weight in kilograms (kg) for the representative species.

W = average daily volume of water consumed in liters per day (L/d) by the

representative species.

F_TLi= average daily amount of food consumed from trophic level i in kilograms

per day (kg/d) by the representative species.

BAF_TLi= bioaccumulation factor (BAF) for wildlife food in trophic level i in liters per

kilogram (L/kg), developed using the BAF methodology in subrule (5) of this rule. For

consumption of piscivorous birds by other birds, for example herring gulls by eagles, the

Page 20

BAF is derived by multiplying the trophic level 3 BAF for fish by a biomagnification

factor to account for the biomagnification from fish to the consumed birds.

(b) Piscivorous species are identified as the focus of concern for wildlife values. Three

avian species - eagle, kingfisher, and herring gull - and 2 mammalian species - mink and

otter - are used as representative species for protection. The TD obtained from toxicity

data for each taxonomic class is used to calculate WVs for each of the 5 representative

species.

(c) The avian WV is the geometric mean of the WVs calculated for the 3 representative

avian species. The mammalian WV is the geometric mean of the WVs calculated for the

2 representative mammalian species. The lower of the mammalian and avian WVs shall

be the final WV.

(d) A TD value is required for WV calculation. To derive a WV, the data set shall be

sufficient to generate a subchronic or chronic dose-response curve for any given

substance for both mammalian and avian species using acceptable wildlife endpoints. In

reviewing the toxicity data available that meet the minimum data requirements for each

taxonomic class, data from peer-reviewed field studies of wildlife species take

precedence over other types of studies where the studies are of adequate quality. An

acceptable field study shall be of subchronic or chronic duration, provide a defensible,

chemical-specific dose-response curve in which cause and effect are clearly established,

and assess acceptable wildlife endpoints. When acceptable wildlife field studies are not

available or are determined to be of inadequate quality, the needed toxicity information

may come from peer-reviewed laboratory studies. When laboratory studies are used,

preference shall be given to laboratory studies with wildlife species over traditional

laboratory animals to reduce uncertainties in making interspecies extrapolations. All

available laboratory data and field studies shall be reviewed to corroborate the final WV,

to assess the reasonableness of the toxicity value used, and to assess the appropriateness

of any UFs that are applied. All of the following requirements apply when evaluating

the studies from which a TD is derived:

(i) The mammalian data shall come from at least 1 well-conducted study of 90 days

or more that is designed to observe acceptable wildlife endpoints.

70 days or

(ii) The avian data shall come from at least 1 well-conducted study of

more that is designed to observe acceptable wildlife endpoints.

(iii) In reviewing the studies from which a TD is derived for use in calculating a WV,

studies involving exposure routes other than oral may be considered only when an

equivalent oral daily dose can be estimated and technically justified. The WV

calculations are based on an oral route of exposure.

(iv) In assessing the studies that meet the minimum data requirements, preference

should be given to studies that assess effects on developmental or reproductive

endpoints because, in general, these are more important endpoints in ensuring that a

population's productivity is maintained.

(e) In selecting data to be used in the derivation of WVs, the evaluation of acceptable

endpoints will be the primary selection criterion. All data that are not part of the selected

subset may be used to assess the reasonableness of the toxicity value and the

appropriateness of the UFs. In addition, the following provisions shall apply:

(i) If more than 1 TD value based on different endpoints of toxicity is available within

a taxonomic class, then that TD, which is likely to reflect best potential impacts to wildlife

Page 21

populations through resultant changes in mortality or fecundity rates, shall be used for the

calculation of WVs.

(ii) If more than 1 TD based on the same endpoint toxicity is available within a

taxonomic class, then the TD from the most sensitive species shall be used.

(iii) If more than 1 TD based on the same endpoint of toxicity is available for a given

species, then the TD for that species shall be calculated using the geometric mean of the

TDs for the same endpoint of toxicity.

(f) If a TD is available in units other than milligrams of substance per kilograms per

day (mg/kg/d), then the following procedures shall be used to convert the TD to the

appropriate units before calculating a WV:

(i) If the TD is given in milligrams of toxicant per liter of water consumed by the test

animals (mg/L), then the TD shall be multiplied by the daily average volume of water

consumed by the test animals in liters per day (L/d) and divided by the average weight

of the test animals in kilograms (kg).

(ii) If the TD is given in milligrams of toxicant per kilogram of food consumed by the

test animals (mg/kg), then the TD shall be multiplied by the average amount of food in

kilograms consumed daily by the test animals (kg/d) and divided by the average weight

of the test animals in kilograms (kg).

(g) When drinking and feeding rates and body weight are needed to express the TD in

milligrams of substance per kilograms per day (mg/kg/d), they are obtained from the study

from which the TD was derived. If not already determined, body weight and drinking and

feeding rates are to be converted to a wet weight basis. If the study does not provide the

needed values, then the values shall be determined as

follows:

(i) For studies done with domestic laboratory animals, use either the publication

entitled "Registry of Toxic Effects, a Comprehensive Guide," 1993, United States

Department of Health and Human Services, NIOSH Publication No. 97-119, or the

publication entitled "Recommendations for and Documentation of Biological Values

for use in Risk Assessment," United States EPA, 1988 NTIS-PB88-179874.

(ii) If the references in paragraph(i) of this subdivision do not contain the information

for the species used in a given study, then the following allometric equations shall be

used:

(A) For mammalian species, the general allometric equations are as follows:

(1) F = 0.0687 x (Wt)^0.82

Where:

F = feeding rate of mammalian species in kilograms per day (kg/d) dry weight.

Wt = average weight in kilograms (kg) of the test animals.

(2) W = 0.099 x (Wt)^0.90

Where:

W = drinking rate of mammalian species in liters per day (L/d).

Wt = average weight in kilograms (kg) of the test animals.

(B) For avian species, the general allometric equations are as follows: (1) F =

0.0582 (Wt)^0.65

Where:

Page 22

F = feeding rate of avian species in kilograms per day (kg/d) dry weight. Wt =

average weight in kilograms (kg) of the test animals.

(2) W = 0.059 x (Wt)^0.67

Where:

W = drinking rate of avian species in liters per day (L/d).

Wt = average weight in kilograms (kg) of the test animals.

(h) If an NOAEL is unavailable as the TD and an LOAEL is available, then the

LOAEL may be used to estimate the NOAEL. If used, the LOAEL shall be divided by

an UF to estimate an NOAEL for use in deriving WVs. The value of the UF shall not be

less than 1 and should not exceed 10, depending on the dose-response curve and any

other available data, and is represented by UF in the equation expressed in subdivision

L

(a) of this subrule.

(i) If only subchronic data are available, then the TD may be derived from subchronic

data. In such cases, the TD shall be divided by an UF to extrapolate from subchronic to

chronic levels. The value of the UF shall not be less than 1 and should not exceed 10,

and is represented by UF in the equation expressed in subdivision (a) of this subrule.

S

This UF is to be used when assessing highly bioaccumulative substances where

toxicokinetic considerations suggest that a bioassay of limited length underestimates

chronic effects.

(j) The selection of the UF shall be based on the available toxicological data and on

A

available data concerning the physicochemical, toxicokinetic, and toxicodynamic

properties of the substance in question and the amount and quality of available data. This

UF is a UF that is intended to

account for differences in toxicological sensitivity among

of the following provisions apply:

A

species and both

(i) The UF shall not be less than 1 and should not exceed 100 and shall be applied

A

to each of the 5 representative species based on existing data and best professional

judgment. The value of UF may differ for each of the representative species.

A

(ii) The UF shall be used only for extrapolating toxicity data across species within

A

a taxonomic class; however, an interclass extrapolation employing a UF may be used

A

for a given chemical if it can be supported by a validated biologically-based dose-

responsemodel or by an analysis of interclass toxicological data, considering acceptable

endpoints, for a chemical analog that acts under the same mode of toxic action.

(k) The body weights (Wt), feeding rates (F

), drinking rates (W), and trophic level

dietary composition (as food ingestion rate and percent in

TLi

diet) for each of the 5

The methodology for development of

representative species are presented in table 6.

bioaccumulation factors is presented in subrule (5) of this rule. Trophic level 3 and 4

BAFs are used to derive WVs because these are the trophic levels at which the

representative species feed.

(l) Determine, on the basis of all pertinent data available, whether the wildlife values

derived are consistent with sound scientific evidence. If they are not, the values shall

be adjusted to more appropriately reflect the weight of available scientific evidence.

(m) The WVs shall be applied as a monthly average and compliance shall be based

on the average of all daily measurements taken at a site within the same calendar

month.

Page 23

(n) Wildlife values may be modified on a site-specific basis to be more or less stringent

to reflect local environmental conditions. The modifications shall be derived by making

appropriate site-specific adjustments to the methodology in this subrule. The following

provisions shall apply:

(i) Less stringent modifications shall be protective of designated uses of the surface

waters of the state, shall be based on sound scientific rationale, shall not jeopardize the

continued existence of endangered or threatened species listed or proposed under section

4 of the endangered species act or result in the destruction or adverse modification of the

species’ critical habitat, and shall consider the mobility of both the prey organisms and

wildlife populations in defining the site for which criteria are developed.

(ii) More stringent modifications to protect endangered or threatened species listed or

proposed under section 4 of the endangered species act may be accomplished by the use

of an intraspecies uncertainty factor to account for protection of individuals within a

wildlife population.

subdivision shall be

(iii) Any site-specific modifications developed pursuant to this

approved by the department.

(4) Levels of toxic substances in the surface waters of the state shall not exceed the

human health values specified in tables 7 and 8 or, in the absence of such values, the

values derived according to the following process, unless site-specific modifications

have been developed pursuant to subdivision (h) of this subrule:

(a) Human cancer values (HCVs) and human noncancer values (HNVs) shall be

derived based on either a tier I or tier II classification. The 2 tiers are primarily

distinguished by the amount of toxicity data available for deriving the concentration

levels and the quantity and quality of data on bioaccumulation. The best available

toxicity data on the adverse health effects of a chemical and the best data on

bioaccumulation factors shall be used when developing human health values. The

toxicity data shall include data from well-conducted epidemiological studies or animal

studies, or both, that provide, for carcinogens, an adequate weight of evidenceof potential

human carcinogenicity and, for tier I values for noncarcinogens, a dose-response

relationship involving critical effects biologically relevant to humans. These data shall

be obtained from sources described in 40 C.F.R. §132, appendix C, item II, “Minimum

Data Requirements” (1995), including the integrated risk information system (IRIS), the

scientific literature, and other informational databases, studies, or reports that contain

adverse health effects data of adequate quality for use in this procedure. Strong

consideration shall be given to the most currently available guidance provided by IRIS in

deriving values, supplemented with any recent data not incorporated into IRIS.

Minimum data requirements to derive the human health values are as follows:

(i) HCVs shall be derived if there is adequate evidence of potential human

carcinogenic effects for a chemical. Carcinogens shall be classified, depending on

the weight of evidence, as either human carcinogens, probable human carcinogens,

or possible human carcinogens. To develop tier I and tier II human cancer values,

the following minimum data sets are necessary:

sufficient to derive a

(A) Weight of evidence of potential human carcinogenic effects

tier I HCV shall generally include human carcinogens and probable human carcinogens

and can include, on a case-by-case basis, possible human carcinogens if studies have been

Page 24

well-conducted, although based on limited evidence, when compared to studies used in

classifying human and probable human carcinogens. The decision to use data on a

possible human carcinogen for deriving tier I values shall be a case-by-case

determination. In determining whether to derive a tier I HCV, available information on

mode of action, such as mutagenicity/genotoxicity (determinations of whether the

chemical interacts directly with DNA), structure activity, and metabolism shall also be

considered.

(B) Weight of evidence of possible human carcinogenic effects sufficient to derive a

tier II HCV shall include the possible human carcinogens for which, at a minimum, there

are data sufficient for quantitative risk assessment, but for which data are inadequate for

tier I value development due to a tumor response of marginal statistical significance or

inability to derive a strong dose-response relationship. In determining whether to derive

tier II human cancer values, available information on mode of action, such as

mutagenicity/genotoxicity(determinationsof whether the chemical interacts directly with

DNA), structure activity, and metabolism shall also be considered. As with the use of

data on possible human carcinogens in developing tier I values, the decision to use data

on possible human carcinogens to derive tier II values shall be made on a case-by-case

basis.

(ii) To derive HNVs, all available toxicity data shall be evaluated. The full range

of possible health effects of a chemical shall be considered in order to best describe

the dose-response relationship of the chemical, and to calculate values which will

protect against the most sensitive endpoint or endpoints of toxicity. Although it is

desirable to have an extensive database that considers a wide range of possible adverse

effects, this type of data exists for a very limited number of chemicals. For many

others, there is a range in quality and quantity of data available. To assure minimum

reliability of values, it is necessary to establish a minimum database with which to

develop tier I or tier II values. The following procedures represent the minimum data

sets necessary for this procedure:

(A) The minimum data set sufficient to derive a tier I HNV shall include at least 1

well-conducted epidemiologic study or animal study. A well- conducted epidemiologic

study shall quantify exposure levels and demonstrate positive association between

exposure to a chemical and adverse effects in humans. A well-conducted study in

animals shall demonstrate a dose-response relationship involving 1 or more critical

effects biologically relevant to humans. Ideally, the duration of a study should span

multiple generations of exposed test species or at least a major portion of the lifespan of

1 generation. This type of data is currently very limited. By the use of uncertainty

adjustments, shorter- term studies, such as 90-day subchronic studies, with evaluation of

more limited effects, may be used to extrapolate to longer exposures or to account for a

variety of adverse effects. For tier I values developed pursuant to this procedure, such a

limited study shall be conducted for not less than 90 days in rodents or for 10% of the

lifespan of other appropriate test species and shall demonstrate a no observable adverse

effect level (NOAEL). Chronic studies of 1 year or longer with rodents or 50% of the

lifespan or longer with other appropriate test species that demonstrate a lowest

observable adverse effect level (LOAEL) may be sufficient for use in tier I value

derivation if the effects observed at the LOAEL were relatively mild and reversible as

compared to effects at higher doses. This does not preclude the use of a LOAEL from a

Page 25

study of chronic duration with only 1 or 2 doses if the effects observed appear minimal

when compared to effect levels observed at higher doses in other studies.

(B) If the minimum data for deriving tier I values are not available to meet the tier I

data requirements, then a more limited data base may be considered for deriving tier II

values. As with tier I, all available data shall be considered and ideally should address a

range of adverse health effects with exposure over a substantial portion of the lifespan, or

multiple generations, of the test species. If such data are lacking, it may be necessary to

rely on less extensive data to establish a tier II value. With the use of appropriate

uncertainty factors to account for a less extensive database, the minimum data sufficient

to derive a tier II value shall include a NOAEL from at least 1 well-conducted short-term

repeated dose study. The study shall be conducted with animals, be of not less than 28

days duration, demonstrate a dose-response, and involve effects biologically relevant to

humans. Data from studies of longer duration (more than 28 days) that may demonstrate

other study conditions, as well as LOAELs from the studies (more than 28 days), may be

more appropriate in some cases for derivation of tier II values. Use of a LOAEL should

be based on consideration of the severity of effect, the quality of the study, and the

duration of the study.

(iii) Bioaccumulation factor minimum data requirements for tier

determination include the following:

(A) To be considered a tier I cancer or noncancer human health value, along with

satisfying the minimum toxicity data requirements of paragraphs (i)(A) and (ii)(A) of this

subdivision, an organic chemical shall meet 1 of the following bioaccumulation data

requirements:

(1) A field-measured BAF.

(2) A BAF derived using the BSAF methodology.

(3) A chemical that has a BAF of less than 125 regardless of what method in

subrule (5) of this rule was used to derive the BAF.

(B) To be considered a tier I cancer or noncancer human health value, along with

satisfying the minimum toxicity data requirements of paragraphs (i)(A) and (ii)(A) of

this subdivision, an inorganic chemical, including organometals such as mercury, shall

meet 1 of the following bioaccumulative data requirements:

(1) A field-measured BAF.

(2) A laboratory-measured BCF.

(C) Cancer or noncancer human health values are considered tier II if they do not

meet either the minimum toxicity data requirements of paragraphs (i)(A) and (ii)(A) of

this subdivision or the minimum bioaccumulation data requirements of subparagraph

(A) or (B) of this paragraph.

(b) The fundamental principles for human health cancer values development

are as follows:

(i) A non-threshold mechanism of carcinogenesis shall be assumed unless

biological data adequately demonstrate the existence of a threshold on a chemical-

specific basis.

(ii) All appropriate human epidemiologic data and animal cancer bioassay data shall be

considered. Data specific to an environmentally appropriate route of exposure shall be

used. Oral exposure is preferred over dermal and inhalation exposure since, in most cases,

the exposure routes of greatest concern are fish consumption and drinking

Page 26

water/incidental ingestion. The risk associated dose shall be set at a level corresponding

to an incremental cancer risk of 1 in 100,000. If acceptable human epidemiologic data

are available for a chemical, then the data shall be used to derive the risk associated dose.

If acceptable human epidemiologic data are not available, then the risk associated dose

shall be derived from available animal bioassay data. Data from a species that is

considered most biologically relevant to humans, that is, responds most like humans, is

preferred where all other considerations regarding quality of data are equal. In the

absence of data to distinguish the most relevant species, data from the most sensitive

species tested, that is, the species showing a carcinogenic effect at the lowest administered

dose, shall generally be used.

(iii) If animal bioassay data are used and a non-thresholdmechanism of carcinogenicity

is assumed, then the data are fitted to a linearized multistage computer model, for

example, a GLOBAL '86 or equivalent model. GLOBAL '86 is the linearized multistage

model which was derived by Howe, Crump, and Van Landingham (1986) which the

Unites States EPA uses to determine cancer potencies (Howe et al., 1986). The upper-

bound 95% confidence limit on risk, or the lower 95% confidence limit on dose, at the 1

in 100,000 risk level shall be used to calculate a risk associated dose (RAD) for individual

chemicals. Other models, including modifications or variations of the linear multistage

model that are more appropriate to the available data may be used where scientifically

justified.

(iv) If the duration of the study is significantly less than the natural lifespan of the test

animal, then the slope may be adjusted on a case-by- case basis to compensate for latent

tumors that were not expressed.

(v) A species scaling factor shall be used to account for differences between test

species and humans. It shall be assumed that milligrams per surface area per day is an

equivalent dose between species. All doses presented in mg/kg bodyweight will be

converted to an equivalent surface area dose by raising the mg/kg dose to the 3/4 power.

However, if adequate pharmacokinetic and metabolism studies are available, then these

data may be factored into the adjustment for species differences on a case-by-case basis.

(vi) Additional data selection and adjustment decisions shall also be made in the

process of quantifying risk. Consideration shall be given to tumor selection for modeling,

that is, pooling estimates for multiple tumor types and identifying and combining benign

and malignant tumors. All doses shall be adjusted to give an average daily dose over the

study duration. Adjustments in the rate of tumor response shall be made for early

mortality in test species. The goodness-of-fit of the model to the data shall also be

assessed.

(vii) If a linear, non-threshold dose-response relationship is assumed, then the RAD

shall be calculated using the following equation:

RAD = 0.00001

q1*

Where:

RAD = risk associated dose in milligrams of toxicant per kilogram body weight per

day (mg/kg/day).

Page 27

-5

0.00001 (1 x 10 ) = incremental risk of developing cancer equal to 1 in 100,000.

-1

q * = slope factor (mg/kg/day) .

1

both, indicate

(viii) If human epidemiologic data or other biological data (animal), or

that a chemical causes cancer via a threshold mechanism, then the risk associated dose

may, on a case-by-case basis, be calculated using a method that assumes a threshold

mechanism is operative.

(c) The fundamental principles for human health noncancer value development

are as follows:

(i) Noncarcinogens shall generally be assumed to have a threshold dose or

concentration below which no adverse effects should be observed. Therefore, the

noncancer value is the maximum water concentration of a substance at or below which a

lifetime exposure from drinking the water, consuming fish caught in the water, and

ingesting water as a result of participating in water-related recreation activities is likely

to be without appreciable risk of deleterious effects.

(ii) For some noncarcinogens, there may not be a threshold dose below which no

adverse effects should be observed. Chemicals acting as genotoxic teratogens and

germline mutagens are thought to possibly produce reproductive or developmental

effects, or both, through a genetically linked mechanism that may have no threshold.

Other chemicals also may not demonstrate a threshold. Values for these types of

chemicals will be established on a case-by-case basis using appropriate

assumptions

reflecting the likelihood that no threshold exists.

(iii) All appropriate human and animal toxicologic data shall be reviewed and

evaluated. To the maximum extent possible, data most specific to the environmentally

relevant route of exposure shall be used. Oral exposure is preferred over dermal and

inhalation exposure since, in most cases, the exposure routes of greatest concern are fish

consumption and drinking water/incidental ingestion. If acceptable human

epidemiologic data are not available, then animal data from species most biologically

relevant to humans shall be used. In the absence of data to distinguish the most relevant

species, data from the most sensitive animal species tested, that is, the species showing a

toxic effect at the lowest administered dose given a relevant route of exposure should

generally be used.

(iv) Minimum data requirements are specified in subdivision (a)(ii)(A) of this subrule.

The experimental exposure level representing the highest level tested at which no adverse

effects were demonstrated (NOAEL) from studies satisfying the minimum data

requirements shall be used for value calculations. In the absence of a NOAEL, a LOAEL

from studies satisfying the minimum data requirements may be used if based on relatively

mild and reversible effects.

(v) Uncertainty factors shall be used to account for the uncertainties in predicting

acceptable dose levels for the general human population based upon experimental animal

data or limited human data. The uncertainty factors shall be determined as follows:

(A) An uncertainty factor of 1 to 10 shall be used when extrapolating from valid

experimental results from studies on prolonged exposure to average healthy humans.

This factor of up to tenfold is used to protect sensitive members of the human

population.

Page 28

(B) An uncertainty factor of 1 to 10 shall be used when extrapolating from valid results

of long-term studies on experimental animals when results of studies of human exposure

are not available or are inadequate. When considered with subparagraph (A) of this

paragraph, a factor of up to one hundredfold is used in extrapolating data from the

average animal to protect sensitive members of the human population.

(C) An uncertainty factor of 1 to 10 shall be used when extrapolating from animal

studies for which the exposure duration is less than chronic, but more than subchronic (90

days or more in length), or when other significant deficiencies in study quality are present,

and when useful long- term human data are not available. When considered with

subparagraphs (A) and (B) of this paragraph, a factor of up to one thousandfold is used in

extrapolating data from less than chronic, but more than subchronic, studies for average

animals to protect sensitive members of the human population from chronic exposure.

from animal studies

(D) An uncertainty factor of 1 to 3 shall be used when extrapolating

for which the exposure duration is less than subchronic (less than 90 days). When

considered with subparagraphs (A), (B), and (C) of this paragraph, a factor of up to 3

thousandfold is used in extrapolating data from less than subchronic studies for average

animals to protect sensitive members of the human population from chronic exposure.

(E) An additional uncertainty factor of 1 to 10 may be used when deriving a

value from a LOAEL. The UF accounts for the lack of an identifiable NOAEL.

The level of additional uncertainty applied may depend upon the severity and the

incidence of the observed adverse effect.

(F) An additional uncertainty factor of 1 to 10 may be applied when there are limited

effects data or incomplete subacute or chronic toxicity data, for example,

reproductive/developmentaldata. The level of quality and quantity of the experimental

data available and structure-activity relationships may be used to determine the factor

selected.

(G) When deriving a UF for use in developing an HNV, the total uncertainty, as

calculated following subparagraphs (A) to (F) of this paragraph, shall not exceed 10,000

for tier I values and 30,000 for tier II values.

(vi) All study results shall be converted, as necessary, to the standard unit for

acceptable daily exposure of milligrams of toxicant per kilogram of body weight per

day (mg/kg/day). Doses shall be adjusted for continuous exposure (7 days/week, 24

hours/day).

(vii) The acceptable daily exposure (ADE) shall be calculated as follows:

ADE =

NOAEL or LOAEL

UF

Where:

ADE = acceptable daily exposure in milligrams of toxicant per kilogram body weight

per day (mg/kg/day).

NOAEL/LOAEL = the study NOAEL or LOAEL.

UF = the uncertainty factor derived in paragraph (v) of this subdivision. (d) Human

health cancer values shall be derived using the following equation:

Page 29

HC

V

=

R

AD

X

BW

WC + [(FC_TL3X BAF₃) + (FC_TL4X BAF₄)]

Where:

HCV = human cancer value in milligrams per liter (mg/L).

RAD = risk associated dose in milligrams toxicant per kilogram body weight per day

(mg/kg/day) that is associated with a lifetime incremental cancer risk equal to 1 in

100,000 for individual chemicals.

BW = weight of an average human (BW = 70 kg).

WC = per capita water consumption, both drinking and incidental exposure, for

d

surface waters specified in R 323.1100(8) = 2 liters/day, or

WC = per capita incidental daily water ingestion for surface waters not specified in

r

R 323.1100(8) = 0.01 liters/day.

FC

= consumption of regionally caught trophic level 3 fish = 0.0036 kg/day.

= consumption of regionally caught trophic level 4 fish = 0.0114 kg/day.

TL3

TL4

3

BAF = bioaccumulation factor for trophic level 3 fish, as derived using the BAF

methodology in subrule (5) of this rule.

BAF = bioaccumulation factor for trophic level 4 fish, as derived using the BAF

4

methodology in subrule (5) of this rule.

(e) Human noncancer values shall be derived using the following equation:

HNV =

AD

E

X

TL3

BW

X BAF ) + (FC X

TL4

X

RSC

W

C + [(FC

3

BAF )]

4

Where:

HNV = human noncancer value in milligrams per liter (mg/l).

ADE = acceptable daily exposure in milligrams toxicant per kilogram body weight

per day (mg/kg/day).

RSC = relative source contribution factor of 0.8. An RSC derived from actual

exposure data may be developed on a case-by-case basis.

BW = weight of an average human (BW = 70 kg).

WC = per capita water consumption, both drinking and incidental exposure, for

d

surface waters specified in R 323.1100(8) = 2 liters/day, or

WC = per capita incidental daily water ingestion for surface waters not specified in

r

R 323.1100(8) = 0.01 liters/day.

FC

= consumption of regionally caught trophic level 3 fish = 0.0036 kg/day.

= consumption of regionally caught trophic level 4 fish = 0.0114 kg/day.

TL3

TL4

BAF = human health bioaccumulation factor for edible portion of trophic level 3 fish,

3

as derived using the BAF methodology in subrule (5) of this rule.

BAF = human health bioaccumulation factor for edible portion of trophic level 4 fish,

4

as derived using the BAF methodology in subrule (5) of this rule.

human health

(f) Determine, on the basis of all pertinent data available, whether the

cancer and noncancer values derived are consistent with sound scientific evidence. If they

Page 30

are not, the values shall be adjusted to more appropriately reflect the weight of available

scientific evidence.

(g) The tier I and tier II human health values shall be applied as monthly averages,

and compliance shall be based on the average of all daily measurements taken at a site

within the same calendar month.

(h) Human health values may be modified on a site-specific basis to be more or less

stringent to reflect local environmental conditions or local human exposure. Less

stringent human health values shall be protective of designated uses of the surface waters

of the state and shall be based on sound scientific rationale. Any such modifications

shall be derived by making appropriate site-specific adjustments to the methodology in

this subrule and shall be approved by the department.

(5) Bioaccumulation factors (BAFs) used in the derivation of values in subrules (3)

and (4) of this rule shall be developed according to the following process:

(a) Baseline BAFs shall be derived using the following 4 methods, listed in order of

preference:

(i) A measured baseline BAF for an organic or inorganic chemical derived

from a field study of acceptable quality.

(ii) A predicted baseline BAF for an organic chemical derived using field- measured

biota-sediment accumulation factors (BSAFs) of acceptable quality.

(iii) A predicted baseline BAF for an organic or inorganic chemical derived from

a bioconcentration factor (BCF) measured in a laboratory study of acceptable quality

and a food chain multiplier (FCM).

(iv) A predicted baseline BAF for an organic chemical derived from an octanol-

water partition coefficient (K

) of acceptable quality and an FCM.

ow

(b) Selection of data for deriving BAFs shall be conducted as follows:

(i) Procedural and quality assurance requirements shall be met for field- measured

BAFs as follows:

(A) The field studies used shall be limited to studies conducted in the Great Lakes

system with fish at or near the top of the aquatic food chain (trophic levels 3 or 4 or 3

and 4).

(B) The trophic level of the fish species shall be determined.

(C) The site of the field study should not be so unique that the BAF cannot be

extrapolated to other locations where the values will apply.

(D) For organic chemicals, the percent lipid shall be either measured or reliably

estimated for the tissue used in the determination of the BAF.

(E) The concentration of the chemical in the water shall be measured in a way that can

be related to particulate organic carbon (POC) or dissolved organic carbon (DOC), or

both, and should be relatively constant during the steady-state time period.

(F) For organic chemicals that have a log K

of more than 4, the

ow

concentrations of POC and DOC in the ambient water shall be either measured or

reliably estimated.

(G) For inorganic and organic chemicals, BAFs shall be used only if they are expressed

on a wet weight basis. BAFs reported on a dry weight basis cannot be converted to wet

weight unless a conversion factor is measured or reliably estimated for the tissue used in

the determination of the BAF.

Page 31

(ii) All of the following procedural and quality assurance requirements shall be met

for field-measured BSAFs:

(A) The field studies used shall be limited to studies conducted in the Great Lakes

system with fish at or near the top of the aquatic food chain, for example, in trophic levels

3 or 4 or 3 and 4.

(B) Samples of surface sediments (0 to 1 centimeters is ideal) shall be from locations

in which there is net deposition of fine sediment and is representativeof average surface

sediment in the vicinity of the organism.

(C) The K s used shall be of acceptable quality as described in paragraph

ow

(v) of this subdivision.

BAF cannot be

(D) The site of the field study should not be so unique that the resulting

extrapolated to other locations where the values will apply.

(E) The trophic level of the fish species shall be determined.

(F) The percent lipid shall be either measured or reliably estimated for the tissue used

in the determination of the BAF.

(iii) The following procedural and quality assurance requirements shall be met for

laboratory-measured BCFs:

(A) The test organism shall not be diseased, unhealthy, or adversely affected by

the concentration of the chemical.

(B) The total concentration of the chemical in the water shall be measured and should

be relatively constant during the steady-state time period.

(C) The organisms shall be exposed to the chemical using a flow-

through or renewal procedure.

(D) For organic chemicals, the percent lipid shall be either measured or reliably

estimated for the tissue used in the determination of the BCF.

(E) For organic chemicals that have a log K

of more than 4, the

ow

concentrations of POC and DOC in the test solution shall be either measured or

reliably estimated.

(F) Laboratory-measured BCFs should be determined using fish species, but BCFs

determined with molluscs and other invertebrates may be used with caution. For

example, because invertebrates metabolize some chemicals less efficiently than

vertebrates, a baseline BCF determined for such a chemical using invertebrates is

expected to be higher than a comparable baseline BCF determined using fish.

(G) If laboratory-measured BCFs increase or decrease as the concentration of the

chemical increases in the test solutions in a bioconcentration test, then the BCF measured

at the lowest test concentration that is above existing in the control water shall be used.

A BCF should not be calculated from a control treatment. The concentrations of an

inorganic chemical in a bioconcentration test should be greater than normal background

levels and greater than levels required for normal nutrition of the test species if the

chemical is a micronutrient, but below levels that adversely affect the species.

Bioaccumulation of an inorganic chemical might be overestimated if concentrations are

at or below normal background levels due to, for example, nutritional requirements of the

test organisms.

(H) For inorganic and organic chemicals, BCFs shall be used only if they are expressed

on a wet weight basis. BCFs reported on a dry weight basis cannot be converted to wet

Page 32

weight unless a conversion factor is measured or reliably estimated for the tissue used in

the determination of the BAF.

(I) BCFs for organic chemicals may be based on measurement of radioactivity only

when the BCF is intended to include metabolites or when there is confidence that there is

no interference due to metabolites.

(J) The calculation of the BCF shall appropriately address growth dilution.

(K) Other aspects of the methodology used should be similar to the aspects of the

methodology described in the american society for testing and materials (ASTM)

standard entitled "Standard Guide for Conducting Bioconcentration Tests with Fishes

and Saltwater Bivalve Molluscs," Standard E 1022-94 (1994), which is adopted by

reference in

R 323.1117.

(iv) The following procedural and quality assurance requirements shall be met for

predicted BCFs:

(A) The K

subdivision.

used shall be of acceptable quality as described in paragraph (v) of this

ow

(B) The predicted baseline BCF shall be calculated using the following equation:

Predicted baseline BCF = K_ow

Where:

K_ow= octanol-water partition coefficient.

(v) The value of Kow used for an organic chemical shall be determined by giving

priority to the experimental and computational techniques used as follows:

Log K_ow<4:

Priority

Technique

1

2

Slow-stir

Generator-column

Shake-flask

Reverse-phase liquid

chromatography on C18

chromatography packing with

extrapolation to 0% solvent

Reverse-phase liquid

3

chromatography on C18

chromatography

packing

without extrapolation to 0%

solvent

4

Calculated by the CLOGP

program

Page 33

Log Kow <4:

Priority

Technique

1

2

Slow-stir

Generator-column

Reverse-phase liquid

chromatography on C18

chromatography packing with

extrapolation to 0% solvent

3

Reverse-phase liquid

chromatography on C18

chromatography packing

without extrapolation to 0%

solvent

4

5

Shake-flask

Calculated by the CLOGP

program

The CLOGP program is a computer program available from Pomona College. A value

of K that seems to be different from the others should be considered an outlier and not

ow

used. The value of K

used for an organic chemical shall be the geometric mean of the

ow

available K s with highest priority or can be calculated from the arithmetic mean of the

ow

available log K s with the highest priority. Because it is an intermediate value in the

ow

derivation of a BAF, the value used for the K

of a chemical shall not be rounded to

ow

fewer than 3 significant digits, and a value for log K

3 significant digits after the decimal point.

shall not be rounded to fewer than

ow

(c) It is assumed that BAFs and BCFs for organic chemicals can be extrapolated on the

basis of percent lipid from one tissue to another and from one aquatic species to another

in most cases. Because BAFs and BCFs for organic chemicals are related to the percent

lipid, it does not make any difference whether the tissue sample is whole body or edible

portion, but both the BAF (or BCF) and the percent lipid shall be determined for the same

tissue. The percent lipid of the tissue should be measured during the BAF or BCF study,

but in some cases the percent lipid can be reliably estimated from measurements on

tissue from other organisms. If percent lipid is not reported for the test organisms in the

Page 34

original study, then it may be obtained from the author or, in the case of a laboratory

study, lipid data for the same or a comparable laboratory population of test organisms

that were used in the original study may be used. The lipid-normalized concentration, C

of a chemical in tissue is defined using the following equation:

l

,

C_B

C_l

f_l

Where:

C

= concentration of the organic chemical in the tissue of aquatic biota

(either

B

whole organism or specified tissue) (mg/g).

= fraction of the tissue that is lipid.

(d) By definition, baseline BAFs and BCFs for organic chemicals, whether measured or

f

l

predicted, are based on the concentration of the chemical that is freely dissolved in the

ambient water in order to account for bioavailability. The relationship between the total

concentration of the chemical in the water, that is, that which is freely dissolved plus that

which is sorbed to particulate organic carbon or to dissolved organic carbon, to the freely

dissolved concentration of the chemical in the ambient water shall be calculated using the

following equation:

C_w^fd ( f _fd)(C_w^t)

Where:

C_w^fd

= freely dissolved concentration of the organic chemical in the

ambient water;.

C_w^t

= total concentration of the organic chemical in the ambient water;.

f _fd

= fraction of the total chemical in the ambient water that is freely dissolved.

The fraction of the total chemical in the ambient water that is freely

dissolved, f_fd, shall be calculated using the following equation:

Page 35

f_fd=

1

(DOC)(K_ow)

1 +

+ (POC)(K_ow)

10

Where:

DOC = concentration of dissolved organic carbon, kg of dissolved organic

carbon/L of water.

K

ow

= octanol-water partition coefficient of the chemical.

organic

POC = concentration of particulate organic carbon, kg of particulate

carbon/L of water.

(e) In the absence of a field-measured BAF or a predicted BAF derived from a BSAF,

an FCM shall be used to calculate the baseline BAF for trophic levels 3 and 4 from a

laboratory-measuredor predicted BCF. For an organic chemical, the FCM used shall be

derived from table 9 using the chemical's log K

and linear interpolation. An FCM of

ow

more than 1.0 applies to most organic chemicals that have a log K

ow

of 4 or more. The

trophic level used shall take into account the age or size of the fish species consumed by

the human, avian, or mammalian predator because for some species of fish the young are

in trophic level 3 whereas the adults are in trophic level 4.

acceptable quality

(f) A baseline BAF shall be calculated from a field-measured BAF of

using the following equation:

Measured BAF_T^t

Baseline BAF = - 1

f_fd

1

f _l

Where:

t

= BAF based on total concentration in tissue and water.

= fraction of the tissue that is lipid.

BAF

f _l

f = fraction of the total chemical that is freely dissolved in the ambient water.

fd

The trophic level to which the baseline BAF applies is the same as the trophic level of

the organisms used in the determination of the field- measured BAF. For each trophic

level, a species mean measured baseline BAF shall be calculated as the geometric mean if

more than 1 measured baseline BAF is available for a given species. For each trophic

level, the geometric mean of the species mean measured baseline BAFs shall be

calculated. If a baseline BAF based on a measured BAF is available for either trophic

level 3 or 4, but not both, then a measured baseline BAF for the other trophic level shall

be calculated using the ratio of the FCMs that are obtained by linear interpolation from

table 9 for the chemical.

(g) A baseline BAF for organic chemical "i" shall be calculated from a field-

measured BSAF of acceptable quality using the following equation:

Page 36

(BSAF)_i• (KOW)_i

(Baseline BAF)_i= (Baseline BAF)_r•

(BSAF)_r• (KOW)_r

Where:

(BSAF) = BSAF for chemical i.

i

(BSAF) = BSAF for the reference chemical r.

r

(K ) = octanol-water partition coefficient for chemical i.

ow i

(K ) = octanol-waterpartition coefficient for the reference chemical r. A BSAF

ow r

shall be calculated using the following equation:

C_l

BSAF

=

C_soc

Where:

= the lipid-normalized concentration of the chemical in tissue.

C_l

C

= the organic carbon-normalized concentration of the chemical in sediment.

soc

The organic carbon-normalized concentration of a chemical in sediment, C

,

soc

shall be calculated using the following equation:

C_s

C_soc

=

F_oc

Where:

C = concentration of chemical in sediment (mg/g sediment).

s

f

=fraction of the sediment that is organic carbon.

oc

Predicting BAFs from BSAFs requires data from a steady-state or near

steady-state

condition between sediment and ambient water for both a

reference chemical "r" with a

fd

"n=i" for which BSAFs are to be determined.

field-measured BAF and other chemicals

The trophic level to which the baseline BAF applies is the same as the trophic level of the

organisms used in the determination of the BSAF. For each trophic level, a species mean

baseline BAF shall be calculated as the geometric mean if more than 1 baseline BAF is

predicted from BSAFs for a given species. For each trophic level, the geometric mean of

the species mean baseline BAFs derived using BSAFs shall be calculated. If a baseline

BAF based on a measured BSAF is available for either trophic level 3 or 4, but not both,

a baseline BAF for the other trophic level shall be calculated using the ratio of the FCMs

that are obtained by linear interpolation from table 9 for the chemical.

(h) A baseline BAF for trophic level 3 and a baseline BAF for trophic level 4 shall be

calculated from a laboratory-measured BCF of acceptable quality and aN FCM using

the following equation:

Page 37

Measured BCF_T^t

Baseline BAF= (FCM) - 1

f_fd

1

f _l

Where:

BCF

= BCF based on total concentration in tissue and water.

T

_l= fraction of the tissue that is lipid.

f

f_fd= fraction of the total chemical in the test water that is freely dissolved.

FCM = the food chain multiplier obtained from table 9 by linear

interpolation for trophic level 3 or 4, as necessary.

the

For each trophic level, a species mean baseline BAF shall be calculated as

geometric mean if more than 1 baseline BAF is predicted from laboratory-measuredBCFs

for a given species. For each trophic level, the geometric mean of the species mean

baseline BAFs based on laboratory- measured BCFs shall be calculated.

(i) A baseline BAF for trophic level 3 and a baseline BAF for trophic level 4 shall

be calculated from a K

of acceptable quality and an FCM using the following

ow

equation:

Baseline BAF = (FCM)(predicted baseline BCF) = (FCM)(

)

K

OW

Where: FCM = the food chain multiplier obtained from table 9 by linear

interpolation for trophic level 3 or 4, as necessary.

K

= octanol-water partition coefficient.

ow

(j) Human health and wildlife BAFs for organic chemicals shall be

follows:

(i) The K

derived as

of the chemical shall be used with a POC concentration of

0.00000004

ow

fraction freely dissolved:

kg/l and a DOC concentration of 0.000002 kg/l to yield the

1

f_fd= 1 + (DOC)(K_ow) + (POC)(K_ow)

10

1

= 1+ (0.000002 kg/L)(K_ow) + (0.00000004 kg/L)(K_ow)

10

1

=

1+ (0.00000024 kg/L)(K_ow)

using the

(ii) The human health BAF for an organic chemical shall be calculated

following equations:

HH

BAF

TL

Page 38

(A) For trophic level 3: Human health

₃= [(baseline BAF)(0.0182)+ 1](f_fd)

HH

Human health

₄= [(baseline BAF)(0.0310)+ 1](f_fd)

(B) For trophic level 4:

BAF

TL

Where:

0.0182 and 0.0310 are the standardized fraction lipid values for trophic levels 3 and 4,

respectively, that are used to derive human health values.

the following

(iii) The wildlife BAF for an organic chemical shall be calculated using

equations:

(A) For trophic level 3:

WL

BAF_TL

Wildlife

₃= [(baseline BAF)(0.0646)+ 1](f_fd)

(B) For trophic level 4:

WL

BAF_TL

Wildlife

₄= [(baseline BAF)(0.1031)+ 1](f_fd)

Where:

0.0646 and 0.1031 are the standardized fraction lipid values for trophic levels 3 and 4,

respectively, that are used to derive wildlife values.

(k) To calculate human health and wildlife BAFs for inorganic chemicals, the baseline

BAFs for trophic levels 3 and 4 are both assumed to equal the BCF determined for the

chemical with fish. The FCM is assumed to be 1 for both trophic levels 3 and 4.

However, an FCM greater than 1 might be applicable to some metals, such as mercury,

if, for example, an organometallic form of the metal biomagnifies. The process specified

in paragraphs (i) and (ii) of this subdivision shall be followed:

(i) The human health BAFs for inorganic chemicals shall be calculated as follows:

(A) Measured BAFs and BCFs used to determine human health BAFs for inorganic

chemicals shall be based on edible tissue of freshwater fish unless it is demonstrated that

whole-body BAFs or BCFs are similar to edible-tissue BAFs or BCFs. BCFs and BAFs

based on measurements of aquatic plants and invertebrates shall not be used in the

derivation of human health values.

(B) If 1 or more field-measured baseline BAFs for an inorganic chemical are available

from studies conducted in the Great Lakes system with the muscle of fish, for each trophic

level, a species mean measured baseline BAF shall be calculated as the geometric mean

if more than 1 measured BAF is available for a given species; and the geometric mean of

the species mean measured baseline BAFs shall be used as the human health

BAF for that

chemical.

(C) If an acceptable measured baseline BAF is not available for an inorganic

chemical and 1 or more acceptable edible-portion laboratory- measured BCFs are

available for the chemical, then a predicted baseline BAF shall be calculated by

multiplying the geometric mean of the BCFs times an FCM. The FCM will be 1.0

unless chemical-specific biomagnification data support using a multiplier other than

1.0. The predicted baseline BAF shall be used as the human health BAF for that

chemical.

(ii) The wildlife BAFs for inorganic chemicals shall be calculated as follows:

(A) Measured BAFs and BCFs used to determine wildlife BAFs for inorganic

chemicals shall be based on whole-body freshwater fish and invertebrate data unless

it is demonstrated that edible-tissue BAFs or BCFs are similar to whole-body BAFs

or BCFs.

Page 39

(B) If 1 or more field-measured baseline BAFs for an inorganic chemical are available

from studies conducted in the Great Lakes system with the whole body of fish or

invertebrates, for each trophic level, a species mean measured baseline BAF shall be

calculated as the geometric mean if more than 1 measured BAF is available for a given

species; and the geometric mean of the species mean measured baseline BAFs shall be

used as the wildlife BAF for that chemical.

(C) If an acceptable measured baseline BAF is not available for an inorganic chemical

and 1 or more acceptable whole-body laboratory- measured BCFs are available for the

chemical, then a predicted baseline BAF shall be calculated by multiplying the geometric

mean of the BCFs times an FCM. The FCM will be 1.0 unless chemical-specific

biomagnification data support using a multiplier other than 1.0. The predicted baseline

BAF shall be used as the wildlife BAF for that chemical.

(l) For both organic and inorganic chemicals, human health and wildlife BAFs for

both trophic levels shall be reviewed for consistency with all available data concerning

the bioaccumulation, bioconcentration, and metabolism of the chemical. For example,

information concerning octanol-water partitioning, molecular size, or other

physicochemical properties that might enhance or inhibit bioaccumulation should be

considered for organic chemicals. BAFs derived in accordance with the methodology

specified in this subrule shall be modified if changes are justified by available data.

(m) BAFs may be modified on a site-specific basis to be higher or lower to reflect local

environmental conditions. Any site-specific modifications shall be derived by making

appropriate site-specific adjustments to the methodology in this subrule and shall be

approved by the department. Lower BAFs shall be protective of designated uses of the

surface waters of the state and shall be based on sound scientific rationale to address site-

specific factors, including all of the following factors:

(i) The fraction of the total chemical that is freely dissolved in the ambient water is

different than that used to derive the statewide BAFs.

(ii) Input parameters of the Gobas model and the disequilibrium constant are

different at the site than the input parameters and the disequilibrium constant used

to derive the statewide BAFs.

(iii) The percent lipid of aquatic organisms that are consumed and occur at the site is

different than the percent lipid of aquatic organisms used to derive the statewide BAFs.

(iv) Site-specific field-measured BAFs or BSAFs are determined.

(6) In addition to the values derived by the method set forth in subrule (2) of this rule,

biological techniques, including whole effluent toxicity requirements, may be used to

assure that the acute and chronic aquatic life requirements of these rules are met in the

surface waters of the state.

(7) If new information becomes available for the department to make a determination

that any of the water quality values in tables 1, 2, 4, 7, and 8 should be revised, then a

rule change shall be initiated by the department to modify the values. The revised values

will be considered for the purposes of developing water quality-based effluent limits for

national pollutant discharge elimination system permits and appropriate

adjustments shall be made when the permit is reissued.

(8) Tables

1to 9 read as follows:

Table 1. Aquatic Maximum Values for Protection of Aquatic Life in

Page 40

Ambient Waters.

1

Chemical

Conversion Factor (CF)

1

AMV (ug/L)

2

Arsenic

3

2

1.128(lnH)-3.6867

1.136672-

(lnH)(0.041838)

Cadmium

(e

)(CF)

2

0.819(lnH)+3.7256

Chromium (III)

0.31

0.98

0.

2

1

Chromium (VI)

2

0.9422(lnH)-1.7

Copper

(e

)(CF)

3

Cyanide

2

n

4

Dieldrin

0.

n

4

Endrin

0.08

0.

n

4

n

Lindane

2

Mercury

1

0.

2

0.846(lnH)+2.255

Nickel

(e

)(CF)

0.99

n

4

Parathion

0.06

4

1.005(pH)-4.869

n

Pentachlorophenol

e

/a

2

0.8473(lnH)+0.884

(e

Zinc

)(CF)

0.97

1

AMV is the aquatic maximum value and is equal to 1/2 the FAV. The

AMV shall

be rounded to

2 significant digits.

2

Value is expressed as a dissolved concentration calculated using the

specified conversion factor.

3

Value is expressed as free cyanide.

4

Value is expressed as a total concentration.

Page 41

Note: The term "lnH" is the natural log of hardness, expressed as mg/L

CaC03.

The term "n/a" means not applicable.

Table 2. Chronic Water Quality Values for Protection of Aquatic Life in

Ambient Waters.

1

Chemical

2

FCV (ug/L)

Conversion Factor (CF)

1

Arsenic

2

0.7852(lnH)-2.715

1.101672-

(lnH)(0.041838)

Cadmium

(e

)(CF)

)(CF

2

0.819(lnH)+0.6848

Chromium (III)

0.

0.96

0.

Chromium (VI)

1

2

0.8545(lnH)-1.702

Copper

(e

)(CF)

3

5

0.0

0.

n

Cyanide

4

Dieldrin

n

4

n

Endrin

2

Mercury

0.

2

0.846(lnH)+0.0584

0.0

0.99

n

Nickel

(e

)(CF

4

Parathion

4

1.005(pH)-5.134

n

Pentachlorophenol

e

/a

5

Selenium

5

n

2

0.8473(lnH)+0.884

(e

Zinc

)(CF

0.98

1

FCV is the final chronic value. The FCV shall be rounded to 2 significant digits.

Page 42

2

Value is expressed as a dissolved concentration calculated using the

specified conversion factor.

3

Value is expressed as free cyanide.

Value is expressed as a total concentration.

4

5

Value is expressed as a total recoverable concentration.

Note: The term "lnH" is the natural log of hardness, as expressed in mg/L

CaC03.

The term "n/a" means not applicable.

Table 3. Tier II Acute Factors.

Number of minimum data

requirements satisfied

Acu

te

Fact

13

2..........................................

3..........................................

4..........................................

5..........................................

6..........................................

7..........................................

.0

8

7

6

5

4

.0

.1

.2

.3

Table 4. Water Quality Values for Protection of Wildlife.

Chemical

Wildlife Value (ug/L)

DDT and metabolites...................................0.000011

Mercury, including methylmercury.............0.0013

PCBs (class)................................................0.00012

Page 43

2,3,7,8-TCDD..............................................0.0000000031

Table 5. Bioaccumulative Chemicals of Concern.

Chlordane

4,4’-DDD

4,4’-DDE

4,4’-DDT

Dieldrin

Hexachlorobenzene

Hexachlorobutadiene

Hexachlorocyclohexanes

alpha-Hexachlorocyclohexane

beta-Hexachlorocyclohexane delta-

Hexachlorocyclohexane Lindane

Mercury Mirex

Octachlorostyrene

Polychlorinated biphenyls (PCBs)

Pentachlorobenzene

Photomirex

2,3,7,8-TCDD

1,2,3,4-Tetrachlorobenzene

1,2,4,5-tetrachlorobenzene

Toxaphene

Page 44

Table 6. Exposure Parameters for the 5 Representative Species Identified for Protection.

Specie

Adult

Body

Weight

Water

Ingestion

Rate

Food Ingestion

Rate of

Trophic Level of

Prey

s

Prey In Each

Trophic Level

Units

Mink

kg

L/da

kg/da

Percent of diet

TL3: 90%

y

1

y

0.8

0.1

0.08

TL3: 0.159

Other: 0.0177

0

Other:

10 %

Ott

7.4

1.1

0.60

TL3: 0.977

TL4: 0.244

TL3:

er

0

80%

TL4: 20

%

TL3: 100 %

Kingfishe

0.01

0.06

TL3: 0.0672

r

5

7

3

Herring gull

TL3: 0.192

TL4: 0.0480

Other: 0.0267

Fish: 90 %

TL3: 80%

TL4: 20 %

Other: 10 %

Fish: 92 %

Bald eagle

4.6

0.16

TL3: 0.371

TL4: 0.0929

PB: 0.0283

0

TL3: 80%

TL4: 20 %

Other: 0.0121

Birds:

8%

PB: 70 %

Non-aquatic:30 %

Note:TL3 = trophic level 3 fish.

TL4 = trophic level 4 fish.

PB = piscivorous birds.

Other = nonaquatic birds and mammals.

Page 45

Table 7. Human Noncancer Values for Protection of Human Health

HNV (ug/L)

Chemical

Drinking

Nondrinking

Benzene………………………………19…………………………………...510

Chlordane…………………………….0.0014………………………………0.0014

Chlorobenzene……………………….470………………………………….3200

Cyanides……………………………...600………………………………….48000

DDT…………………………………..0.002………………………………...0.002

Dieldrin……………………………….0.00041……………………………...0.00041

2, 4-dimethylphenol…………………450…………………………………..8700

2, 4-dinitrophenol……………………55……………………………………2800

Hexachlorobenzene…………………0.046………………………………....0.046

Hexachloroethane…………………...6.0…………………………………...7.6

Lindane………………….....................0.47…………………………………..0.50

Mercury (including methylmercury)..0.0018………………………………..0.0018

Methylene chloride………………….1600………………………………….90000

2,3,7,8-

TCDD………………………..0.000000067………………………..0.000000067

Toluene………………………………5600…………………………………51000

Table 8., Human Cancer Values for the Protection of Human Health

HNV (ug/L)

Chemical

Drinking

Nondrinking

Benzene………………………………12…………………………………...310

Chlordane…………………………….0.00025……………………………..0.00025

DDT…………………………………...0.00015……………………………..0.00015

Dieldrin………………………………..0.0000065…………………………..0.000006

5

Hexachlorobenzene………………….0.00045……………………………..0.00045

Hexachloroethane…………………....5.3…………………………………...6.7

Methylene chloride…………………..47…………………………………….2600

PBCs (class)…………………………..0.000026…………………………….0.000026

2,3,7,8-

TCDD………………………...0.0000000086………………………..0.0000000086

Toxaphene…………………………...0.000068……………………………..0.000068

Trichloroethylene…………………….29…………………………………….370

Page 46

Table 9. Food Chain Multipliers for Trophic Levels 2, 3, and 4.

a

Trophic

Level 2

Troph

Level

Trophic

Level 3

Log K

ow

2.0......................................1.000....................... 1.005..........................1.000

2.5 .....................................1.000....................... 1.010..........................1.002

3.0 .....................................1.000....................... 1.028……...................1.007

3.1 .....................................1.000....................... 1.034............................... 1.007

3.2......................................1.000....................... 1.042............................... 1.009

3.3......................................1.000....................... 1.053............................... 1.012

3.4......................................1.000....................... 1.067............................... 1.014

3.5......................................1.000....................... 1.083............................... 1.019

3.6......................................1.000....................... 1.103............................... 1.023

3.7......................................1.000....................... 1.128............................... 1.033

3.8 .....................................1.000....................... 1.161............................... 1.042

3.9 ......................................1.000....................... 1.202............................... 1.054

4.0 .....................................1.000....................... 1.253............................... 1.072

4.1 .....................................1.000....................... 1.315............................... 1.096

4.2 ......................................1.000....................... 1.380............................... 1.130

4.3 .....................................1.000....................... 1.491............................... 1.178

4.4......................................1.000....................... 1.614............................... 1.242

4.5 .....................................1.000....................... 1.766............................... 1.334

4.6 .....................................1.000....................... 1.950............................... 1.459

4.7 .....................................1.000....................... 2.175............................... 1.633

4.8 .....................................1.000....................... 2.452............................... 1.871

4.9 .....................................1.000....................... 2.780............................... 2.193

5.0 .....................................1.000....................... 3.181............................... 2.612

5.1 .....................................1.000....................... 3.643............................... 3.162

5.2 .....................................1.000....................... 4.188............................... 3.873

5.3 .....................................1.000....................... 4.803............................... 4.742

5.4 .....................................1.000....................... 5.502............................... 5.821

5.5 .....................................1.000....................... 6.266............................... 7.079

5.6 .....................................1.000....................... 7.096............................... 8.551

5.7 .....................................1.000....................... 7.962............................... 10.209

5.8 .....................................1.000....................... 8.841............................... 12.050

5.9 .....................................1.000....................... 9.716............................... 13.964

6.0 .....................................1.000....................... 10.556............................. 15.996

6.1 .....................................1.000....................... 11.337............................. 17.783

6.2 .....................................1.000....................... 12.064............................. 19.907

6.3 .....................................1.000....................... 12.691............................. 21.677

6.4 .....................................1.000....................... 13.228............................. 23.281

6.5 .....................................1.000....................... 13.662............................. 24.604

6.6 .....................................1.000....................... 13.980............................. 25.645

6.7 .....................................1.000....................... 14.223............................. 26.363

6.8 .....................................1.000...................... 14.355.............................. 26.669

Page 47

6.9 .....................................1.000...................... 14.388.............................. 26.669

7.0 .....................................1.000...................... 14.305.............................. 26.242

7.1 .....................................1.000...................... 14.142.............................. 25.468

Table 9. Continued.

a

Trophic

Level 2

Troph

Level

Trophic

Level 3

Log K

ow

4

7.2......................................1.000....................... 13.852............................. 24.322

7.3 .....................................1.000....................... 13.474............................. 22.856

7.4 .....................................1.000....................... 12.987............................. 21.038

7.5 .....................................1.000....................... 12.517............................. 18.967

7.6 .....................................1.000....................... 11.708............................. 16.749

7.7 .....................................1.000....................... 10.914............................. 14.388

7.8 .....................................1.000....................... 10.069............................. 12.050

7.9 .....................................1.000....................... 9.162............................... 9.840

8.0 .....................................1.000....................... 8.222............................... 7.798

8.1 .....................................1.000....................... 7.278............................... 6.012

8.2 .....................................1.000....................... 6.361............................... 4.519

8.3 .....................................1.000....................... 5.489............................... 3.311

8.4 .....................................1.000....................... 4.683............................... 2.371

8.5 .....................................1.000....................... 3.296............................... 1.146

8.7 .....................................1.000....................... 2.732............................... 0.778

8.8 .....................................1.000....................... 2.246............................... 0.521

8.9 .....................................1.000……................ 1.837.............................. 0.345

9.0 .....................................1.000....................... 1.493............................... 0.226

a

The FCMs for trophic level 3 are the geometric mean of the FCMs for sculpin

and alewife.

History: 1979 AC; 1986 AACS; 2006 AACS.

Editor's Note: An obvious error in R 323.1057 was corrected at the request of the promulgating agency,

pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the

error was published in Annual Administrative Code Supplement,2006. The memorandum requesting the

correction was published in Michigan Register, 2012 MR 18.

R 323.1058 Radioactive substances.

Rule 58. The control and regulation of radioactive substances discharged to the waters of

the state shall be pursuant to the criteria, standards, or requirements prescribed by the

United States nuclear regulatory commission in10 C.F.R. §20.1 et seq. and by the United

States environmental protection agency.

History: 1979 AC; 1986 AACS.

Page 48

R 323.1060 Plant nutrients.

Rule 60. (1) Consistent with Great Lakes protection, phosphorus which is or may readily

become available as a plant nutrient shall be controlled from point source discharges to

achieve 1 milligram per liter of total phosphorus as a maximum monthly average effluent

concentration unless other limits, either higher or lower, are deemed necessary and

appropriate by the department.

(2) In addition to the protection provided under subrule (1) of this rule, nutrients shall be

limited to the extent necessary to prevent stimulation of growths of aquatic rooted,

attached, suspended, and floating plants, fungi or bacteria which are or may become

injurious to the designated uses of the surface waters of the state.

History: 1979 AC; 1986 AACS; 2006 AACS.

R 323.1062 Microorganisms.

Rule 62. (1) All surface waters of the state protected for total body contact recreation shall

not contain more than 130 Escherichia coli (E. coli) per 100 milliliters, as a 30-day

geometric mean. Compliance shall be based on the geometric mean of all individual

samples taken during 5 or more sampling events representatively spread over a 30-day

period. Each sampling event shall consist of 3 or more samples taken at representative

locations within a defined sampling area. At no time shall the surface waters of the state

protected for total body contact recreation contain more than a maximum of 300 E. coli per

100 milliliters. Compliance shall be based on the geometric mean of 3 or more samples

taken during the same sampling event at representative locations within a defined sampling

area.

(2) All surface waters of the state protected for partial body contact recreation shall not

contain more than a maximum of 1,000 E. coli per 100 milliliters. Compliance shall be

based on the geometric mean of 3 or more samples, taken during the same sampling event,

at representative locations within a defined sampling area.

(3) Discharges containing treated or untreated human sewage shall not contain more than

200 fecal coliform bacteria per 100 milliliters, based on the geometric mean of all of 5 or

more samples taken over a 30-day period, nor more than 400 fecal coliform bacteria per

100 milliliters, based on the geometric mean of all of 3 or more samples taken during any

period of discharge not to exceed 7 days. Other indicators of adequate disinfection may be

utilized where approved by the department.

(4) The department may suspend the provisions of subrule (3) of this rule, for the purpose

of discharge permit issuance, from November 1 to April 30, upon an adequate

demonstration by the applicant that designated uses will be protected. At a minimum, the

provisions of subrule (2) of this rule shall be met.

(5) Acceptable levels of infectious organisms that are not specifically addressed by the

provisions of subrules (1), (2), and (3) of this rule shall be established by the department

on a case-by-case basis to assure that designated uses are protected.

History: 1979 AC; 1986 AACS; 1994 AACS; 2006 AACS.

Page 49

R 323.1064 Dissolved oxygen in Great Lakes, connecting waters, and inland streams.

Rule 64. (1) A minimum of 7 milligrams per liter of dissolved oxygen in all Great Lakes

and connecting waterways shall be maintained, and, except for inland lakes as prescribed

in R 323.1065, a minimum of 7 milligrams per liter of dissolved oxygen shall be maintained

at all times in all inland waters designated by these rules to be protected for coldwater fish.

In all other waters, except for inland lakes as prescribed by R 323.1065, a minimum of 5

milligrams per liter of dissolved oxygen shall be maintained. These standards do not apply

for a limited warmwater fishery use subcategory or limited coldwater fishery use

subcategory established pursuant to R 323.1100(11) or during those periods when the

standards specified in subrule (2) of this rule apply.

(2) Surface waters of the state which do not meet the standards set forth in subrule (1) of

this rule shall be upgraded to meet those standards. The department may issue permits

pursuant to R 323.2145 which establish schedules to achieve the standards set forth in

subrule (1) of this rule for point source discharges to surface waters which do not meet the

standards set forth in subrule (1) of this rule and which commenced discharge before

December 2, 1986. For point source discharges which commenced before December 2,

1986, the dischargers may demonstrate to the department that the dissolved oxygen

standards specified in subrule (1) of this rule are not attainable through further feasible and

prudent reductions in their discharges or that the diurnal variation between the daily

average and daily minimum dissolved oxygen concentrations in those waters exceeds 1

milligram per liter, further reductions in oxygen?consuming substances from such

discharges will not be required, except as necessary to meet the interim standards specified

in this subrule, until comprehensive plans to upgrade these waters to the standards specified

in subrule (1) of this rule have been approved by the department and orders, permits, or

other actions necessary to implement the approved plans have been issued by the

department. In the interim, all of the following standards apply:

(a) For surface waters of the state designated for use for coldwater fish, except for inland

lakes as prescribed in R 323.1065, the dissolved oxygen shall not be lowered below a

minimum of 6 milligrams per liter at the design flow during the warm weather season in

accordance with R 323.1090(2) and (3). At the design flows during other seasonal periods,

as provided in R 323.1090(3), a minimum of 7 milligrams per liter shall be maintained. At

flows greater than the design flows, dissolved oxygen shall be higher than the respective

minimum values specified in this subdivision.

(b) For surface waters of the state designated for use for warmwater fish and other aquatic

life, except for inland lakes as prescribed in R 323.1065, the dissolved oxygen shall not be

lowered below a minimum of 4 milligrams per liter, or below 5 milligrams per liter as a

daily average, at the design flow during the warm weather season in accordance with R

323.1090(3) and (4). At the design flows during other seasonal periods as provided in R

323.1090(3), a minimum of 5 milligrams per liter shall be maintained. At flows greater

than the design flows, dissolved oxygen shall be higher than the respective minimum

values specified in this subdivision.

(c) For surface waters of the state designated for use for warmwater fish and other aquatic

life, but also designated as principal migratory routes for anadromous salmonids, except

for inland lakes as prescribed in R 323.1065, the dissolved oxygen shall not be lowered

below 5 milligrams per liter as a minimum during periods of migration.

Page 50

(3) The department may cause a comprehensive plan to be prepared to upgrade waters to

the standards specified in subrule (1) of this rule taking into consideration all factors

affecting dissolved oxygen in these waters and the cost effectiveness of control measures

to upgrade these waters and, after notice and hearing, approve the plan. After notice and

hearing, the department may amend a comprehensive plan for cause. In undertaking the

comprehensive planning effort the department shall provide for and encourage

participation by interested and impacted persons in the affected area.Persons directly or

indirectly discharging substances which contribute towards these waters not meeting the

standards specified in subrule (1) of this rule may be required after notice and order to

provide necessary information to assist in the development or amendment of the

comprehensive plan. Upon notice and order, permit, or other action of the department,

persons directly or indirectly discharging substances which contribute toward these waters

not meeting the standards specified in subrule (1) of this rule shall take the necessary

actions consistent with the approved comprehensive plan to control these discharges to

upgrade these waters to the standards specified in subrule (1) of this rule.

History: 1979 AC; 1986 AACS; 2006 AACS.

R 323.1065 Dissolved oxygen; inland lakes.

Rule 65. (1) The following standards for dissolved oxygen shall apply to the lakes

designated for coldwater fish in R 323.1100(4) and (6):

(a) In stratified coldwater lakes which have dissolved oxygen concentrations less than 7

milligrams per liter in the upper half of the hypolimnion, a minimum of 7 milligrams per

liter dissolved oxygen shall be maintained throughout the epilimnion and upper 1/3 of the

thermocline during stratification. Lakes capable of sustaining oxygen throughout the

hypolimnion shall maintain oxygen throughout the hypolimnion. At all other times,

dissolved oxygen concentrations greater than 7 milligrams per liter shall be maintained.

(b) Except for lakes described in subdivision (c) of this subrule, in stratified coldwater

lakes which have dissolved oxygen concentrations greater than 7 milligrams per liter in the

upper half of the hypolimnion, a minimum of 7 milligrams per liter of dissolved oxygen

shall be maintained in the epilimnion, thermocline, and upper half of the hypolimnion.

Lakes capable of sustaining oxygen throughout the hypolimnion shall maintain oxygen

throughout the hypolimnion. At all other times, dissolved oxygen concentrations greater

than 7 milligrams per liter shall be maintained.

(c) In stratified coldwater lakes which have dissolved oxygen concentrations greater than

7 milligrams per liter throughout the hypolimnion, a minimum of 7 milligrams per liter

shall be maintained throughout the lake.

(d) In unstratified coldwater lakes, a minimum of 7 milligrams per liter of dissolved

oxygen shall be maintained throughout the lake.

(2) For all other inland lakes not specified in subrule (1) of this rule, during stratification,

a minimum dissolved oxygen concentration of 5 milligrams per liter shall be maintained

throughout the epilimnion. At all other times, dissolved oxygen concentrations greater than

5 milligrams per liter shall be maintained.

History: 1979 AC; 1986 AACS; 2006 AACS.

Page 51

R 323.1069 Temperature; general considerations.

Rule 69. (1) In all surface waters of the state, the points of temperature measurement

normally shall be in the surface 1 meter; however, where turbulence, sinking plumes,

discharge inertia or other phenomena upset the natural thermal distribution patterns of

receiving waters, temperature measurements shall be required to identify the spatial

characteristics of the thermal profile.

(2) Monthly maximum temperatures, based on the ninetieth percentile occurrence of

natural water temperatures plus the increase allowed at the edge of the mixing zone and in

part on long-term physiological needs of fish, may be exceeded for short periods when

natural water temperatures exceed the ninetieth percentile occurrence. Temperature

increases during these periods may be permitted by the department, but in all cases shall

not be greater than the natural water temperature plus the increase allowed at the edge of

the mixing zone.

(3) Natural daily and seasonal temperature fluctuations of the receivingwaters shall be

preserved.

History: 1979 AC; 2006 AACS.

R 323.1070 Temperature of Great Lakes and connecting waters.

Rule 70. (1) The Great Lakes and connecting waters shall not receive a heat load which

would warm the receiving water at the edge of the mixing zone more than 3 degrees

Fahrenheit above the existing natural water temperature.

(2) The Great Lakes and connecting waters shall not receive a heat load which would

warm the receiving water at the edge of the mixing zone to temperatures in degrees

Fahrenheit higher than the following monthly maximum temperature:

(a) Lake Michigan north of a line due west from the city of Pentwater.

J F M A M J

J A S O N D

40 40 40 50 55 70 75 75 75 65 60 45

(b) Lake Michigan south of a line due west from the city of Pentwater.

J F

M A

M J

J A

S O

N D

45 45 45 55 60 70 80 80 80 65 60 50

(c) Lake Superior and the St. Marys river:

J F

M A

M J

J A

S O

38 36 39 46 53 61 71 74 71 61 49 42

(d) Lake Huron north of a line due east from Tawas point:

J F

M A

M J

J A

S O

N D

40 40 40 50 60 70 75 80 75 65 55 45

Page 52

(e) Lake Huron south of a line due east from Tawas point, except Saginaw bay.

J F M A M J J A S O

N D

40 40 40 55 60 75 80 80 80 65 55 45

(f) Lake Huron, Saginaw bay:

J F

M A

M J

J A

S O

45 45 45 60 70 75 80 85 78 65 55 45

(g) St. Clair river:

J F

M A

M J

J A

S O

40 40 40 50 60 70 75 80 75 65 55 50

(h) Lake St. Clair:

J F

M A

M J

J A

S O

40 40 45 55 70 75 80 83 80 70 55 45

(i) Detroit river:

J F

M A

M J

J A

S O

40 40 45 60 70 75 80 83 80 70 55 45

(j) Lake Erie:

J F

M A

M J

J A

S O

45 45 45 60 70 75 80 85 80 70 60 50

History: 1979 AC; 1986 AACS.

R 323.1072 Temperature; inland lakes; general standards.

Rule 72. Inland lakes shall not receive a heat load which would:

(a) Increase the temperature of the thermocline or hypolimnion or decrease the volume

thereof.

(b) Increase the temperature of the receiving waters at the edge of the mixing zone more

than 3 degrees Fahrenheit above the existing natural water temperature.

(c) Increase the temperature of the receiving waters at the edge of the mixing zone to

temperatures greater than the following monthly maximum temperatures:

J F M A

M J

J A

S O N D

45 45 50 60 70 75 80 85 80 70 60 50

History: 1979 AC.

Page 53

R 323.1073 Temperature; inland lakes; anadromous salmonid migrations.

Rule 73. Warmwater inland lakes which serve as principal migratory routes for

anadromous salmonids shall not receive a heat load during periods of migration at such

locations and in a manner which may adversely affect salmonid migration or raise the

receiving water temperature at the edge of the mixing zone more than 3 degrees Fahrenheit

above the existing natural water temperature.

History: 1979 AC.

R 323.1075 Temperature of rivers, streams, and impoundments.

Rule 75. (1) Rivers, streams, and impoundments naturally capable of supporting

coldwater fish shall not receive a heat load which would do either of the following:

(a) Increase the temperature of the receiving waters at the edge of the mixing zone more

than 2 degrees Fahrenheit above the existing natural water temperature.

(b) Increase the temperature of the receiving waters at the edge of the mixing zone to

temperatures greater than the following monthly maximum temperatures:

J F

M A

M J

J A

S O

N D

38 38 43 54 65 68 68 68 63 56 48 40

(2) Rivers, streams, and impoundments naturally capable of supporting warmwater fish

shall not receive a heat load which would warm the receiving water at the edge of the

mixing zone more than 5 degrees Fahrenheit above the existing natural water temperature.

(3) Rivers, streams, and impoundments naturally capable of supporting warmwater fish

shall not receive a heat load which would warm the receiving water at the edge of the

mixing zone to temperatures greater than the following monthly maximum temperatures:

(a) For rivers, streams, and impoundments north of a line between Bay City, Midland,

Alma and North Muskegon:

J F

M A

M J

J A

S O

N D

38 38 41 56 70 80 83 81 74 64 49 39

(b) For rivers, streams, and impoundments south of a line between Bay

City, Midland, Alma, and North Muskegon, except the St. Joseph river:

J F

M A

M J

J A

S O

N D

41 40 50 63 76 84 85 85 79 68 55 43

(c) St. Joseph river:

J F

M A

M J

J A

S O

N D

50 50 55 65 75 85 85 85 85 70 60 50

(4) Non-trout rivers and streams that serve as principal migratory routes for anadromous

salmonids shall not receive a heat load during periods of migration at such locations and in

Page 54

a manner which may adversely affect salmonid migration or raise the receiving water

temperature at the edge of the mixing zone more than 5 degrees Fahrenheit above the

existing natural water temperature.

History: 1979 AC; 1986 AACS.

R 323.1082 Mixing zones.

Rule 82. (1) A mixing zone is that portion of a water body allocated by the department

where a point source or venting groundwater discharge is mixed with the surface waters of

the state. Exposure in mixing zones shall not result in deleterious effects to populations of

aquatic life or wildlife. As a minimum restriction, the final acute value (FAV) for aquatic

life shall not be exceeded when determining a wasteload allocation (WLA) for acute

aquatic life protection, unless it is determined by the department that a higher level is

acceptable or it can be demonstrated to the department that an acute mixing zone is

acceptable consistent with subrule (7) of this rule. The mixing zone shall not prevent the

passage of fish or fish food organisms in a manner that would result in adverse impacts on

the immediate or future populations of the fish or fish food organisms. The area of mixing

zones shall be minimized. To this end, devices for rapid mixing, dilution, and dispersion

are encouraged where practicable.A watercourse or portions of a watercourse that, without

1 or more point source discharges, would have no flow except during periods of surface

runoff may be considered as a mixing zone for a point source discharge. A mixing zone

established in this manner shall not apply to pollutants of initial focus specified in 40 C.F.R.

§132 (1995) unless a site-specific determination under R 323.1057(2) has been conducted

that shows that the existing and expected aquatic life in the watercourse will be adequately

protected in the absence of chronic aquatic life water quality values.

(2) Unless otherwise stated in this rule, not more than 25% of the receiving water design

flow for lotic systems, as stated in R 323.1090(2), shall be used when determining a whole

effluent toxicity limit or a wasteload allocation for a toxic substance, in the absence of, or

consistent with, a total maximum daily load, unless it can be demonstrated to the

department that the use of a larger volume is acceptable consistent with subrule (7) of this

rule.

(3) For ammonia and substances not included in subrule (2) of this rule, the design flow

for lotic systems, as stated in R 323.1090(2)(a) or (3), shall be used when determining

WLAs if the provisions in subrule (1) of this rule are met, unless the department determines

that a more restrictive volume is necessary.

(4) For all substances, physical mixing zone boundaries may be established and shall be

determined by the department on a case-by-case basis.

(5) Mixing zones in the Great Lakes and inland lakes for the purpose of determining

WLAs and WET limits shall assume no greater dilution than 1 part effluent to 10 parts

receiving water, unless it can be demonstrated to the department that use of a larger volume

is acceptable consistent with subrule

(7) of this rule. Except for ammonia, a larger mixing zone shall not be granted if it exceeds

the area where discharge-induced mixing occurs. Mixing zones established under this

subrule for thermal discharges to meet the Great Lakes and inland lake requirements of R

323.1069, R 323.1070, R 323.1072, R 323.1073, and R 323.1075 shall be determined by

the department on a case-by-case basis.

Page 55

(6) In addition to subrules (1), (2), (4), and (5) of this rule, the following provisions are

applicable to bioaccumulative chemicals of concern (BCCs) when establishing WLAs:

(a) There shall be no mixing zones available for new discharges of BCCs to the surface

waters of the state.

(b) Mixing zones for BCCs may be allowed for existing discharges to the surface waters

of the state through November 14, 2010, pursuant to the provisions of this rule. After this

date, except as provided in subdivisions (c) and (d) of this subrule, permits shall not

authorize mixing zones for existing discharges of BCCs to the surface waters of the state,

and WLAs for such discharges shall be set equal to the most stringent water quality value

for that BCC.

(c) The department may grant mixing zones for any existing discharge of BCCs to the

surface waters of the state where it can be demonstrated, on a case-by-case basis, that

failure to grant a mixing zone would preclude water conservation measures that would lead

to overall load reductions in BCCs.

(d) Upon the request of an existing discharger of a BCC to the surface waters of the state,

the department may grant mixing zones beyond November 14, 2010, based upon technical

and economic considerations, subject to all of the following provisions:

(i) The department must determine that all of the following provisions are satisfied:

(A) The discharger is in compliance with, and will continue to implement, all applicable

technology-based treatment and pretreatment requirements of the clean water act of 1972,

as amended, 33 U.S.C. §§301, 302, 304, 306, 307, 401, and 402, and is in compliance with

its existing NPDES WQBELs, including those based on a mixing zone.

(B) The discharger has reduced, and will continue to reduce, to the maximum extent

possible, the loading of the BCC for which a mixing zone is requested, by the use of cost-

effective controls or pollution-prevention alternatives that have been adequately

demonstrated and are reasonably available to the discharger.

(C) The discharger has evaluated alternative means of reducing the BCC elsewhere in the

watershed.

(ii) In making the determination in paragraph (i) of this subdivision, the department shall

consider all of the following factors:

(A) The availability and feasibility, including cost effectiveness, of additional controls or

pollution prevention measures for reducing and ultimately eliminating BCCs for the

discharger, including additional controls or pollution prevention measures used by similar

dischargers for reducing and ultimately eliminating BCCs.

(B) Whether the discharger or affected communities will suffer unreasonable economic

effects if the mixing zone is eliminated.

(C) The extent to which the discharger will implement an ambient monitoring plan to

ensure compliance with water quality values at the edge of any authorized mixing zone.

(D) Other information the department deems appropriate.

(iii) Any exceptions to the mixing zone elimination provision for existing discharges of

BCCs granted pursuant to this subdivision shall comply with all of the following

provisions:

(A) Not result in any less stringent limitations than the limitations that existed on July 29,

1997.

Page 56

(B) Be limited to 1 permit term unless the department makes a new determination in

accordance with this subrule for each successive permit application in which a mixing zone

for the BCC is sought.

(C) Not likely jeopardize the continued existence of any endangered or threatened species

listed or proposed under section 4 of the endangered species act or result in the destruction

or adverse modification of the species' critical habitat.

(iv) For each draft NPDES permit that allows a mixing zone for a BCC after November

14, 2010, the NPDES fact sheet shall specify relevant information used to establish the

mixing zone, including the mixing provisions used in calculating the permit limits and the

identity of each BCC for which a mixing zone is proposed.

(7) For purposes of establishing a mixing zone other than as specified in subrules (1), (2),

and (5) of this rule, a mixing zone demonstration shall be submitted to the department for

approval and all of the following provisions apply:

(a) The mixing zone demonstration shall include all of the following:

(i) A description of the amount of dilution occurring at the boundaries of the proposed

mixing zone and the size, shape, and location of the area of mixing, including the manner

in which diffusion and dispersion occur.

(ii) For sources discharging to the Great Lakes and inland lakes, a definition of the

location at which discharge-induced mixing ceases.

(iii) Documentation of the substrate character within the mixing zone.

(iv) Confirmation that the mixing zone does not interfere with or block the passage of fish

or aquatic life.

(v) Confirmation that the mixing zone would not likely jeopardize the continued existence

of any endangered or threatened species listed or proposed under section 4 of the

endangered species act or result in the destruction or adverse modification of the species'

critical habitat.

(vi) Confirmation that the mixing zone does not extend to a public water supply source

pursuant to R 323.1100(8).

(vii) Confirmation that the mixing zone would not interfere with the designated or existing

uses of the receiving water or downstream waters.

(viii) Documentation of background water quality concentrations.

(ix) Confirmation that the mixing zone does not promote undesirable aquatic life or result

in a dominance of nuisance species.

(x) Confirmation that, by allowing additional mixing/dilution, the following will not

occur:

(A) The formation of objectionable deposits.

(B) The concentration of floating debris, oil, scum, and other matter in concentrations that

form nuisances.

(C) The production of objectionable color, odor, taste, or turbidity.

(b) The mixing zone demonstration shall also address all of the following items:

(i) Whether or not adjacent mixing zones overlap.

(ii) Whether organisms would be attracted to the area of mixing as a result of the effluent

character.

(iii) Whether the habitat supports endemic or naturally occurring species.

(iv) Why an increased mixing zone is necessary.

Page 57

(v) Describe any pollution prevention measures that were evaluated to eliminate the need

for an increased mixing zone.

(c) The mixing zone demonstration shall be based on the assumption that environmental

fate or other physical, chemical, or biological factors do not affect the concentration of the

toxic substance in the water column, within the proposed mixing zone, unless both of the

following occur:

(i) Scientifically valid field studies or other relevant information demonstrate that

degradation of the toxic substance is expected to occur during typical environmental

conditions expected to be encountered.

(ii) Scientifically valid field studies or other relevant information address other factors

that affect the level of toxic substances in the water column, including all of the following

factors:

(A) Sediment release or resuspension.

(B) Chemical speciation.

(C) Biological and chemical transformation.

History: 1979 AC; 1984 AACS; 1986 AACS; 1997 AACS; 2006 AACS.

R 323.1090 Applicability of water quality standards.

Rule 90. (1) The requirements prescribed by these rules shall not apply within mixing

zones, except for the requirements prescribed in R 323.1050, or as otherwise specified by

these rules.

(2) Water quality standards prescribed by these rules are minimally acceptable water

quality conditions and shall apply at all flows equal to or exceeding the design flows, except

where the department determines that a more restrictive design flow is necessary. The

design flows in lotic systems shall be as follows:

(a) Unless otherwise stated in this rule, the design flow is equal to the lowest of the 12

monthly 95% exceedance flows. The 95% exceedance flow is the flow equal to or exceeded

95% of the time for the specified month.

(b) For human health values, the design flow is equal to the harmonic mean flow.

(c) For wildlife values, the design flow is equal to the 90-day, 10-year low flow (90Q10).

(3) A maximum of 4 seasonal design flows may be granted when determining surface

water effluent limitations for ammonia or substances not addressed by R 323.1057 if it is

determined by the department that the use of such design flows will protect water quality

and be consistent with the protection of the public health, safety, and welfare. The seasonal

design flows shall be the lowest of the monthly 95% exceedance flow for the months in

each season.

(4) Alternate design flows may be used for intermittent wet weather discharges as

necessary to protect the designated uses of the receiving water.

History: 1979 AC; 1984 AACS; 1997 AACS; 2006 AACS.

R 323.1092 Applicability of water quality standards to dredging or construction

activities.

Page 58

Rule 92. Unless the department determines, after consideration of dilution and dispersion,

that such activities result in unacceptable adverse impacts on designated uses, the water

quality standards prescribed by these rules shall not apply to dredging or construction

activities within the surface waters of the state where such activities occur or during the

periods of time when the aftereffects of dredging or construction activities degrade water

quality within such waters of the state, if the dredging operations or construction activities

have been authorized by the United States army corps of engineers or the department. The

water quality standards shall apply, however, in nonconfined surface waters of the state

utilized for the disposal of spoil from dredging operations, except within spoil disposal

sites specifically defined by the United States army corps of engineers or the department.

History: 1979 AC; 1986 AACS; 2006 AACS.

R 323.1096 Determinations of compliance with water quality standards.

Rule 96. Analysis of the surface waters of the state to determine compliance with the

water quality standards prescribed by these rules shall be made pursuant to procedures

outlined in 40 C.F.R. §136 (2000), which are adopted by reference in R 323.1117 or other

methods prescribed or approved by the department.

History: 1979 AC; 1986 AACS; 2006 AACS.

R 323.1097 Materials applications not subject to standards.

Rule 97. The application of materials for water resource management projects pursuant

to state statutory provisions is not subject to the standards prescribed by these rules, but all

projects shall be reviewed and approved by the department before application.

History: 1979 AC; 1986 AACS; 2006 AACS.

R 323.1098 Antidegradation.

Rule 98. (1) This rule applies to any action or activity pursuant to part 31 of Act No. 451

of the Public Acts of 1994, as amended, being §324.3101 et seq. of the Michigan Compiled

Laws, that is anticipated to result in a new or increased loading of pollutants by any source

to surface waters of the state and for which independent regulatory authority exists

requiring compliance with water quality standards.

(2) For all waters, the level of water quality necessary to protect existing uses shall be

maintained and protected. Where designated uses of the water body are not attained, there

shall be no lowering of the water quality with respect to the pollutant or pollutants that are

causing the nonattainment.

(3) Where, for individual pollutants, the quality of the waters is better than the water

quality standards prescribed by these rules, that water shall be considered high quality and

that quality shall be maintained and protected unless allowing lower water quality is

necessary to accommodate important economic or social development in the area in which

the waters are located. For high quality waters, no action resulting in the lowering of water

quality shall occur unless the provisions of this rule have been complied with.

Page 59

(4) A person applying for a control document in a high quality water or a Lake Superior

basin - outstanding international resource water for a new or increased loading of pollutants

shall show how the discharge is exempted under subrule (8) or (9) of this rule or provide a

demonstration as follows:

(a) The applicant shall identify the social or economic development and the benefits to

the area in which the waters are located that would be foregone if the new or increased

loading of pollutants is not allowed. The factors to be addressed may include any of the

following:

(i) Employment increases.

(ii) Production level increases.

(iii) Employment reductions avoidance.

(iv) Efficiency increases.

(v) Industrial, commercial, or residential growth.

(vi) Environmental or public health problem corrections.

(vii) Economic or social benefits to the community.

(b) For discharges of BCCs that result from operations at the facility, the applicant shall

include an identification of the alternatives evaluated and the alternatives to be

implemented to comply with the following requirements:

(i) The discharger shall minimize the new or increased loading of the BCC by

implementation of any cost-effective pollution prevention alternatives and techniques

which have been adequately demonstrated and which are reasonably available to the

discharger that would eliminate or significantly reduce the new or increased loading of the

BCC.

(ii) If pollution prevention alternatives implemented under paragraph (i) of this

subdivision do not eliminate the new or increased loading of the BCC, then the discharger

shall evaluate alternative or enhanced treatment techniques which have been adequately

demonstrated and which are reasonably available to the discharger that would eliminate

the new or increased loading of the BCC and shall implement the techniques that have a

cost that is reasonable relative to the cost of treatment necessary to achieve applicable

effluent limitations.

(iii) If the new or increased loading is a point source discharge to a Lake Superior basin-

outstanding international resource water as defined in subrule (7) of this rule and if the

BCC of concern is a LSB-BSIC, then the requirements of paragraph (ii) of this subdivision

do not apply. If the pollution prevention alternatives implemented under paragraph (i) of

this subdivision do not eliminate the new or increased loading of the LSB-BSIC to a Lake

Superior basin-outstanding international resource water, then the discharger shall evaluate

and implement the best technology in process and treatment (BTPT) that would eliminate

or reduce the new or increased loading of the LSB-BSIC. BTPT shall be the most advanced

treatment techniques which have been adequately demonstrated and which are reasonably

available to the discharger. However, innovative or experimental technology shall also be

considered if proposed by the discharger. Upon demonstration by the permittee, the

requirement to implement BTPT may be waived by the department for new or increased

loadings of LSB-BSICs that occur as trace contaminants in naturally occurring raw

materials at the facility. If the BTPT requirement is waived, then the requirements of

paragraph (ii) of this subdivision shall apply.

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(5) If the department determines that the antidegradation demonstration information from

subrule (4) of this rule shows that lowering of water quality is necessary to support

important social and economic development in the area and that, if applicable, BTPT will

be implemented consistent with subrule (4)(b)(iii) of this rule, then the department shall

authorize the lowering of water quality through issuance of the control document. In no

event may this decision allow water quality to be lowered below the minimum level

required to fully support the designated uses. The antidegradation demonstration shall be

available to the public for review during any public comment period on the control

document.

(6) If high quality water bodies are designated outstanding state resource waters (OSRW)

by the department, then controls shall be applied on pollutant sources to the OSRW or

tributaries so that the water quality is not lowered in the OSRW. A short-term, temporary,

for example, weeks or months, lowering of water quality in the OSRW may be permitted

by the department on a case-by-case basis. The following water bodies are designated as

OSRWs:

(a) The following water bodies designated as wild rivers pursuant to the Michigan scenic

rivers act of 1991, 16 U.S.C. §1271 et seq:

(i) The Carp river (Mackinac county) - the 7.5-mile segment from Michigan state highway

123, T42N, R5W, section 2, to 1/4 of a mile upstream from forest development road 3119,

T42N, R4W, section 4.

(ii) The Carp river (Mackinac county) - the 4.9-mile segment from 1/4 of a mile

downstream of forest development road 3119, T42N, R4W, section 3, to McDonald rapids.

(iii) The east branch of the Ontonagon river (Houghton and Ontonagon counties) - the

25.5-mile segment from the east branch of the Ontonagon river’s confluence with an

unnamed stream in T48N, R37W, section 30, to the Ottawa national forest boundary,

T50W, R38W, section 33.

(iv) The middle branch of the Ontonagon river (Ontonagon county) - the 17.4-mile

segment from Trout creek, T48N, R38W, section 20, to the northern boundary of the

Ottawa national forest, T50N, R39W, section 12.

(v) The Sturgeon river (Baraga and Houghton counties) - the 16.5-mile segment from the

Sturgeon river’s entry into the Ottawa national forest, T48N, R35W, section 12, to Prickett

lake.

(vi) The east branch of the Tahquamenon river (Chippewa county) - the 3.2-mile segment

from the center of T46N, R6W, section 20, to the boundary of the Hiawatha national forest,

T46N, R6W, section 19.

(vii) The Yellow Dog river (Marquette county) - the 4-mile segment from the Yellow Dog

river’s origin at the outlet of Bulldog lake dam, T50N, R29W, section 31, to the boundary

of the Ottawa national forest, T50N, R29W, section 17.

(b) The main, north, south, east, and west branches of the Two-Hearted river and Dawson

creek from their headwaters to the mouth of the river at Lake Superior, which are

designated as wilderness rivers pursuant to part 305 of Act No. 451 of the Public Acts of

1994, as amended, being §324.30501 et seq. of the Michigan Compiled Laws.

(c) Water bodies within the designated boundaries of the following national parks or

national lakeshores:

(i) Sleeping bear dunes national lakeshore.

(ii) Pictured rocks national lakeshore.

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(iii) Isle royale national park.

(7) All surface waters of the Lake Superior basin that are not identified as OSRWs are

designated as Lake Superior basin - outstanding international resource waters (LSB-

OIRW). Under the LSB-OIRW designation, new or increased loadings of any LSB-BSIC

from point sources to the surface waters of the Lake Superior basin are prohibited unless

the new or increased loading of a LSB-BSIC is consistent with the requirements of this

rule.

(8) Except for water bodies designated as OSRWs, or as the department may determine

on a case-by-case basis that the application of the procedures in this rule are required to

adequately protect water quality, the following do not constitute a lowering of water

quality.

(a) The short-term, temporary, for example, weeks or months, lowering of water quality.

(b) Bypasses that are not prohibited by regulations set forth in 40 C.F.R.§122.41(m)

(1995).

(c) Response actions undertaken to alleviate a release into the environment of pollutants

that may pose an imminent and substantial danger to the public health or welfare under any

of the following:

(i) The comprehensive environmental response, compensation and liability act of 1980,

(CERCLA), as amended, 42 U.S.C. §9601 et seq.

(ii) The resource conservation and resource recovery act of 1976, as amended, 42 U.S.C.

§6901 et seq.

(iii) Part 201 of Act No. 451 of the Public Acts of 1994, as amended, being §§324.20101

to 324.20141 of the Michigan Compiled Laws.

(iv) Part 213 of Act No. 451 of the Public Acts of 1994, as amended, being §§324.21301

to 324.21331 of the Michigan Compiled Laws.

(v) Part 31 of Act No. 451 of the Public Acts of 1994, as amended, being §§324.3101 to

324.3119 of the Michigan Compiled Laws.

(d) Discharges of pollutant quantities from the intake water at a facility proposing a new

or increased loading of a pollutant, if the intake and discharge are on the same body of

water.

(e) Increasing the sewered area, connecting new sewers and customers, or accepting

trucked-in wastes, such as septage and holding tank wastes, by a publicly owned treatment

works, if the increase is within the design flow of the facility, there is no increased loading

due to nondomestic wastes from a significant industrial user for BCCs that are not

specifically limited in the current permit, and there is no significant change expected in the

characteristics of the wastewater collected.

(f) Intermittent increased loadings related to wet-weather conditions.

(g) New or increased loadings due to implementation of department-approved industrial

or municipal controls on wet-weather related flows, including combined sewer overflows

and industrial storm water.

(h) New or increased loadings authorized by certificates of coverage under NPDES

general permits and notices of coverage for storm water from construction activities.

(i) Increased non-BCC loadings within the authorized levels of a limit in an existing

control document.

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(j) Increased BCC loadings within the authorized levels of a limit in an existing control

document, except for those BCC loadings that result from actions by the permittee that

would otherwise require submittal of an increased use request.

(k) New or increased loadings at a site where there is a simultaneous enforceable decrease

in the allowed loading of the pollutant under consideration from sources contributing to

the receiving water body, such that there is no net increase in the loading of the pollutant

to the water body at that site consistent with trading rules established by the department.

(9) Except for water bodies designated as OSRWs, the following do not constitute a

lowering of water quality:

(a) Increased loadings within the existing capacity and processes that are covered by the

existing applicable control document, including the following:

(i) Normal operational variability.

(ii) Changes in intake water pollutants.

(iii) Increasing the production hours of the facility, for example, adding a second shift.

(iv) Increasing the rate of production.

(b) Changes in a control document that are not a result of changes in pollutant loading,

but are the result of any of the following:

(i) Improved monitoring data.

(ii) New or improved analytical methods or sensitivity.

(iii) New or modified water quality values.

(c) Increased loadings of a pollutant which do not involve a BCC and which use less than

10% of the unused loading capacity that exists at the time of the request.

History: 1979 AC; 1986 AACS; 1997 AACS; 1999 AACS.

R 323.1099 Rescinded.

History: 1986 AACS; 1997 AACS.

R 323.1100 Designated uses.

Rule 100. (1) At a minimum, all surface waters of the state are designated and protected

for all of the following uses:

(a) Agriculture.

(b) Navigation.

(c) Industrial water supply.

(d) Warmwater fishery.

(e) Other indigenous aquatic life and wildlife.

(f) Partial body contact recreation.

(g) Fish consumption.

(2) All surface waters of the state are designated and protected for total body contact

recreation from May 1 to October 31 in accordance with the provisions of R 323.1062.

Total body contact recreation immediately downstream of wastewater discharges, areas of

significant urban runoff, combined sewer overflows, and areas influenced by certain

agricultural practices is contrary to prudent public health and safety practices, even though

water quality standards may be met.

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(3) If designated uses are interrupted due to uncontrollable circumstances during or

following flood conditions, accidental spillages, or other emergencies, then notice shall be

served upon entities affected by the interruption in accordance with procedures established

by the department. Prompt corrective action shall be taken by the discharger to restore the

designated uses.

(4) All inland lakes identified in the publication entitled "Coldwater Lakes of Michigan,"

as published in 1976 by the department of natural resources, are designated and protected

for coldwater fisheries.

(5) All Great Lakes and their connecting waters, except for the entire Keweenaw

waterway, including Portage lake, Houghton county, and Lake St.Clair, are designated and

protected for coldwater fisheries.

(6) All lakes listed in the publication entitled "Designated Trout Lakes and Regulations,"

issued September 10, 1998, by the director of the department of natural resources under

the authority of part 411 of 1994 PA 451, MCL 324.41101 et seq., are designated and

protected for coldwater fisheries.

(7) All waters listed in the publication entitled "Designated Trout Streams for the State of

Michigan," Director's Order No. DFI-101.97, by the director of the department of natural

resources under the authority of section 48701(m) of 1994 PA 451, MCL 324.48701(m)

are designated and protected for coldwater fisheries.

(8) All surface waters of the state that are identified in the publication "Public Water

Supply Intakes in Michigan," dated December 9, 1999, are designated and protected as

public water supply sources at the point of water intake and in such contiguous areas as the

department may determine necessary for assured protection. In addition, all Michigan

waters of the Great Lakes and connecting waters shall meet the human cancer and human

noncancer values for drinking water established pursuant to R 323.1057(4). The

requirement to meet the human cancer and human noncancer values for drinking water

shall not apply to pollutant loadings from a tributary in an area where a tributary mixes

with the Great Lake, connecting water, or a waterbody that has been designated for use as

a public water supply source, unless a water intake was located in this area on April 2,

1999.

(9) Water quality of all surface waters of the state serving as migratory routes for

anadromous salmonids shall be protected as necessary to assure that migration is not

adversely affected.

(10) Effluent discharges to wetlands that result in water quality that is inconsistent with

that prescribed by these rules may be permitted after a use attainability analysis shows that

designated uses are not and cannot be attained and shows that attainable uses will be

protected.

(11) After completion of a comprehensive plan developed under R 323.1064(3), upon

petition by a municipality or other person, and in conformance with the requirements of

40 C.F.R. §131.10 (1995), designation of uses, which are adopted by reference in R

323.1117, the department may determine that attainment of the dissolved oxygen standards

of R 323.1064(1) is not feasible and designate, by amendment to this rule, a limited

warmwater fishery use subcategory of the warmwater fishery use or a limited coldwater

fishery use subcategory of coldwater fishery use. For waters so designated, the dissolved

oxygen standards specified in the provisions of R 323.1064(2) and all other applicable

standards of these rules apply. For waters so designated, the dissolved oxygen standards

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specified in R 323.1064(1) do not apply. Not less than 60 days before a municipality or

other person files a petition pursuant to this subrule, a petitioner shall provide written notice

to the department and the clerk of the municipalities in which the affected waters are

located of the petitioner's intent to file a petition.

History: 1979 AC; 1986 AACS; 1994 AACS; 1996 AACS; 1997 AACS; 1999 AACS; 2006 AACS.

R 323.1103 Variances.

Rule 103. (1) A variance may be granted from any water quality standard (WQS) that is

the basis of a water quality-based effluent limitation in a national pollutant discharge

elimination system (NPDES) permit, as restricted by the following provisions:

(a) A WQS variance applies only to the permittee or permittees requesting the variance

and only to the pollutant or pollutants specified in the variance. The variance does not

modify the water quality standards for the water body as a whole.

(b) A variance shall not apply to new dischargers unless the proposed discharge is

necessary to alleviate an imminent and substantial danger to the public health or welfare.

(c) A WQS variance shall not be granted that would likely jeopardize the continued

existence of any endangered or threatened species listed under section 4 of the endangered

species act or result in the destruction or adverse modification of the species’ critical

habitat.

(d) A WQS variance shall not be granted if the standard in the receiving water will be

attained by implementing the treatment technology requirements under the clean water act

of 1972, as amended, 33 U.S.C.§§301(b) and 306, and by the discharger implementing

cost-effective and reasonable best management practices for nonpoint sources over which

the discharger has control within the vicinity of the facility.

(e) The duration of a WQS variance shall not exceed the term of the NPDES permit. If

the time frame of the variance is the same as the permit term, then the variance shall stay

in effect until the permit is reissued or revoked.

(2) A variance may be granted if the permittee demonstrates to the department that

attaining the WQS is not feasible for any of the following reasons:

(a) Naturally occurring pollutant concentrations prevent the attainment of the WQS.

(b) Natural, ephemeral, intermittent, or low flow conditions or water levels prevent the

attainment of the WQS.

(c) Human-caused conditions or sources of pollution prevent the attainment of the WQS

and cannot be remedied or more environmental damage would occur in correcting the

conditions or sources of pollution than would occur by leaving the conditions or sources in

place.

(d) Dams, diversions, or other types of hydrologic modifications preclude the attainment

of the WQS, and it is not feasible to restore the water body to its original condition or to

operate the modification in a way that would result in the attainment of the WQS.

(e) Physical conditions related to the natural features of the water body preclude

attainment of WQS.

(f) Controls more stringent than the treatment technology requirements in the clean water

act of 1972, as amended, 33 U.S.C. §§301(b) and 306 would result in unreasonable

economic effects on the discharger and affected communities.

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(3) In addition to the requirements of subrule (2) of this rule, a permittee shall do both of

the following:

(a) Show that the variance requested conforms to the antidegradation demonstration

requirements of R 323.1098

(b) Characterize the extent of any increased risk to human health and the environment

associated with granting the variance compared with compliance with WQS without the

variance in a way that enables the department to conclude that the increased risk is

consistent with the protection of the public health, safety, and welfare.

(4) A permittee may request a variance when a NPDES permit application is submitted or

during permit development. A variance request may also be submitted with a request for a

permit modification. The variance request to the department shall include the following

information:

(a) All relevant information which demonstrates that attaining the WQS is not feasible

based on 1 or more of the conditions in subrule (2) of this rule.

(b) All relevant information which demonstrates compliance with subrule (3) of this rule.

(5) The variance request shall be available to the public for review during the public

comment period on the draft NPDES permit. The preliminary decision regarding the

variance shall be included in the public notice of the draft NPDES permit. The department

will notify the other Great Lakes states of the preliminary variance decision.

(6) If the department determines, based on the conditions of subrules (2) and (3) of this

rule, that the variance request demonstrates that attaining the WQS is not feasible, then the

department shall authorize the variance through issuance of the NPDES permit. The permit

shall contain all conditions needed to implement the variance, including, at a minimum, all

of the following conditions:

(a) That compliance with an effluent limitation that, at the time the variance is granted,

represents the level currently achievable by the permittee. For an existing discharge, the

effluent limitation shall be no less stringent than that achieved under the previous permit.

(b) That reasonable progress be made in effluent quality toward attaining the water quality

standards. If the variance is approved for any BCC, a pollutant minimization program shall

be conducted consistent with the provisions in paragraphs (i) through (iv) of R 323.1213(d).

The department shall consider cost-effectiveness during the development and

implementation of the pollutant minimization program.

(c) That if the duration of a variance is shorter than the duration of a permit, then

compliance with an effluent limitation that is sufficient to meet the underlying water quality

standard shall be achieved when the variance expires.

(7) The department shall deny a variance request through action on the NPDES permit if

a permittee fails to make the demonstrations required under subrules (2) and (3) of this

rule.

(8) A variance may be renewed, subject to the requirements of subrules (1) through (7) of

this rule. As part of any renewal application, a permittee shall again demonstrate that

attaining WQS is not feasible based on the requirements of subrules (2) and (3) of this rule.

A permittee’s application shall also contain information concerning the permittee’s

compliance with the conditions incorporated into the permittee’s permit as part of the

original variance pursuant to subrule (6) of this rule.

(9) Notwithstanding the provision in subrule (1)(a) of this rule, the department may grant

multiple discharger variances. If the department determines that a multiple discharger

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variance is necessary to address widespread WQS compliance issues, including the

presence of ubiquitous pollutants or naturally high background levels of pollutants in a

watershed, then the department may waive the variance demonstration requirements in

subrules (2), (3), and (4) of this rule. A permittee that is included in the multiple discharger

variance will be subject to the permit requirements of subrule (6) of this rule if it is

determined under R 323.1211 that there is reasonable potential for the pollutant to exceed

a permit limitation developed under to R 323.1209.

History: 1997 AACS.

R 323.1105 Multiple designated uses.

Rule 105. When a particular portion of the surface waters of the state is designated for

more than 1 use, the most restrictive water quality standards for 1 or more of those

designated uses shall apply to that portion.

History: 1979 AC; 2006 AACS.

R 323.1116 Availability of documents.

Rule 116. The following documents referenced in this part are available for inspection at,

and may be obtained at no cost from, the Lansing Office of the Department of

Environmental Quality, P.O. Box 30273, Lansing, Michigan 48909-7773:

(a) "Designated Trout Lakes and Regulations," September 10, 1998.

(b) "Coldwater Lakes of Michigan," August 1976.

(c) "Designated Trout Streams for the State of Michigan," Director's Order No. DFI-

101.97.

(d) "Public Water Supply Intakes in Michigan," December 9, 1999.

History: 1979 AC; 1984 AACS; 1986 AACS; 1994 AACS; 1996 AACS; 1997 AACS; 1999 AACS; 2006

AACS.

R 323.1117 Adoption of standards by reference.

Rule 117. All of the following standards are adopted by reference in these rules. Copies

are available for inspection at the Lansing office of the Department of Environmental

Quality, may be obtained from the Department of Environmental Quality, P.O. Box 30273,

Lansing, Michigan 48909-7773, at a cost as of the time of adoption of these rules of 5 cents

per page and a labor rate of $20.18 per hour, or may be otherwise obtained as indicated:

(a) "Guidelines Establishing Test Procedures for Analysis of Pollutants," 40 C.F.R. §136

et seq. (2000). Copies may be obtained from the Superintendent of Documents,

Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption

of these rules of $61.00, or via the internet at http://www.access.gpo.gov/nara.

(b) "Standards for Protection Against Radiation," 10 C.F.R. §20 et seq.(1995). Copies

may be obtained from the Superintendent of Documents, Government Printing Office,

Washington, DC 20402, at a cost as of the time of adoption of these rules of $61.00, or

via the internet at http://www.access.gpo.gov/nara.

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(c) "Designation of Uses," 40 C.F.R. §131.10 (1995). Copies may be obtained from the

Superintendent of Documents, Government Printing Office, Washington, DC 20402, at a

cost as of the time of adoption of these rules of $43.00, or via the internet at

http://www.access.gpo.gov/nara.

(d) "Standard Guide for Conducting Bioconcentration Tests with Fishes and Saltwater

Bivalve Molluscs" ASTM standard E 1022-94, 1994. Copies may be obtained from the

American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken,

Pennsylvania 19428-2959, at a cost as of the time of adoption of these rules of $45.60.

(e) "Conditions Applicable to all Permits," 40 C.F.R. §122.41(m) (1995).Copies may be

obtained from the Superintendent of Documents, Government Printing Office,

Washington, DC 20402, at a cost as of the time of adoption of these rules of $43.00, or

via the internet at http://www.access.gpo.gov/nara.

(f) Gobas, F.A.P.C. 1993. "A Model for Predicting the Bioaccumulation of Hydrophobic

Organic Chemicals in Aquatic Foodwebs: Applications to Lake Ontario," Ecological

Modeling, volume 69, pages 1 to 17.

(g) Howe, R.B., K.S. Crump, and C. Van Landingham (1986), Global '86, "A Computer

Program to Extrapolate Quantal Animal Toxicity Data to Low Doses," United States EPA,

Research Triangle Institute, K.S. Crump and Company, Inc.

(h) "Table 6. - Pollutants of Initial Focus in the Great Lakes Water Quality Initiative," 40

C.F.R. §132 (1995). Copies may be obtained from the Superintendent of Documents,

Government Printing Office, Washington, DC 20402, at a cost as of the time of adoption

of these rules of $43.00, or via the internet at http://www.access.gpo.gov/nara.

(i) "Water Quality Standards Handbook, Second Edition, Section 3.7 - Site-specific

Aquatic Life Criteria," EPA-823-b-94-005a, August 1994. Copies may be obtained from

the National Service Center for Environmental Publications, P.O. Box 42419, Cincinnati,

Ohio 45242-0419, or via the internet at http://www.epa.gov/ncepihom/index.htm , at no

cost.

(j) "Recommendations for and Documentation of Biological Values for use in Risk

Assessment," United States EPA, EPA/600/6-87/008, 1988.

(k) "Minimum Data Requirements," 40 C.F.R. §132, Appendix C, Item II, (1995). Copies

may be obtained from the Superintendent of Documents, Government Printing Office,

Washington, DC 20402, at a cost as of the time of adoption of these rules of $43.00, or

via the internet at http://www.access.gpo.gov/nara.

(l) "Registry of Toxic Effects of Chemical Substances (RTECS)

Comprehensive Guide to the RTECS," Publication Number 97-119, United States

Department of Health and Human Services, National Institute for Occupational Safety and

Health, July 1997. Copies may be obtained from the National Institute for Occupational

and Institutional Health, 4676 Columbia Parkway, C13, Cincinnati, OH 45226, or via the

internet at http://www.cdc.gov/niosh/97-119.html, at no cost.

(m) United States EPA (2001), "Streamlined Water-Effect Ratio Procedure for

Discharges of Copper", EPA-822-R-01-005, March 2001. Copies may be obtained from

the National Service Center for Environmental Publications, P.O. Box 42419, Cincinnati,

Ohio 45242-0419, or via the internet at http://www.epa.gov/waterscience/criteria/copper,

at no cost.

History: 1994 AACS; 1997 AACS; 2006 AACS.

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