37 DEPARTMENT OF NATURAL RESOURCES NR 105.03

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Register, November, 2008, No. 635

Chapter NR 105

SURFACE WATER QUALITY CRITERIA AND SECONDARY 

VALUES FOR TOXIC SUBSTANCES

NR 105.01 Purpose.

NR 105.02 Applicability.

NR 105.03 Definitions.

NR 105.04 Determination of adverse effects.

NR 105.05 Acute toxicity criteria and secondary acute values for aquatic life.

NR 105.06 Chronic toxicity criteria and secondary chronic values for fish and

aquatic life.

NR 105.07 Wildlife criteria.

NR 105.08 Human threshold criteria.

NR 105.09 Human cancer criteria.

NR 105.10 Bioaccumulation factor.

NR 105.11 Final plant values.

NR 105.01 Purpose. The purpose of this chapter is to

establish water quality criteria, and methods for developing criteria and secondary values for toxic substances to protect public

health and welfare, the present and prospective use of all surface

waters for public and private water supplies, and the propagation

of fish and aquatic life and wildlife. This chapter also establishes

how bioaccumulation factors used in deriving water quality criteria and secondary values for toxic and organoleptic substances

shall be determined. Water quality criteria are a component of surface water quality standards. This chapter and chs. NR 102 to 104

constitute quality standards for the surface waters of Wisconsin.

History: Cr. Register, February, 1989, No. 398, eff. 3−1−89.; am. Register,

August, 1997, No. 500, eff. 9−1−97.

NR 105.02 Applicability. The provisions of this chapter

are applicable to surface waters of Wisconsin as specified in chs.

NR 102 to 104 and in this chapter.

(1) SITE SPECIFIC CRITERIA AND SECONDARY VALUES. A criterion contained within this chapter or a secondary value calculated

pursuant to this chapter may be modified for a particular surface

water segment or body. A criterion or secondary value may be

modified if specific information is provided which shows that the

data used to derive the criterion or secondary value do not apply

and if additional information is provided to derive a site−specific

criterion or secondary value. Site−specific criteria are intended to

be applicable to a specific surface water segment. Criteria may be

modified for site−specific considerations according to the USEPA

“Water Quality Standards Handbook” Second Edition, revised

1994. Any criterion modified for site−specific conditions shall be

promulgated in ch. NR 104 before it can be applied on a site−specific basis. Site−specific modifications of criteria and secondary

values shall be consistent with the procedures described in 40

CFR Part 132, Appendix F, Procedure 1: Site−specific modifications to criteria and values. 40 CFR Part 132, Appendix F, Procedure 1 as stated on September 1, 1997 is incorporated by reference.

Note: Copies of 40 CFR Part 132 Appendix F, Proc. 1 are available for

inspection in the offices of the department of natural resources, secretary

of state and the legislative reference bureau, Madison, WI or may be purchased from the superintendent of documents, US government printing

office, Washington, D.C. 20402.

(2) STATEWIDE CRITERIA. (a) The department may promulgate

a less stringent criterion or remove a criterion from this chapter

when the department determines that the previously promulgated

criterion is more stringent than necessary, or unnecessary for the

protection of humans, fish and other aquatic life or wildlife. The

modification shall assure that the designated uses are protected

and water quality standards continue to be attained.

(b) The department may promulgate a more stringent criterion

in this chapter when the department determines that the previously

promulgated criterion is inadequate for the protection of humans,

fish and other aquatic life or wildlife.

(3) DETERMINATION OF SECONDARY VALUES FOR EFFLUENT LIMITATIONS. If a discharge contains a toxic substance, and if data to

calculate a water quality criterion for that substance are not available, then, on a case−by−case basis, the department may calculate

a secondary value as defined in this chapter and establish an effluent limitation for the toxic substance if the conditions contained

in s. NR 106.05 (1) (b) are met.

History: Cr. Register, February, 1989, No. 398, eff. 3−1−89; am. (1) and (2), cr.

(3), Register, August, 1997, No. 500, eff. 9−1−97.

NR 105.03 Definitions. (1) “Acute toxicity” means the

ability of a substance to cause mortality or an adverse effect in an

organism which results from a single or short−term exposure to

the substance.

(2) “Acute toxicity criterion” or “ATC” means the maximum

daily concentration of a substance which ensures adequate protection of sensitive species of aquatic life from the acute toxicity of

that substance and will adequately protect the designated fish and

aquatic life use of the surface water if not exceeded more than

once every 3 years. If the available data indicate that one or more

life stages of a particular species are more sensitive to a substance

than other life stages of the same species, the ATC shall represent

the acute toxicity of the most sensitive life stage.

(3) “Adequate protection” means a level of protection which

ensures survival of a sufficient number of healthy individuals in

a population of aquatic species to provide for the continuation of

an unreduced population of these species.

(4) “Adverse effect” means any effect resulting in a functional

impairment or a pathological lesion, or both, which may affect the

performance of the whole organism, or which contributes to a

reduced ability to respond to an additional challenge. Adverse

effects include toxicant−induced mutagenic, teratogenic, or carcinogenic effects or impaired, developmental, immunological or

reproductive effects.

(5) “Baseline BAF” means for organic chemicals, a bioaccumulation factor normalized to 100% lipid that is based on the concentration of a freely dissolved chemical in the ambient water and

takes into account the partitioning of the chemical within the

organism. For inorganic chemicals, a bioaccumulation factor is

based on the wet weight of the tissue.

(6) “Baseline BCF” means for organic chemicals, a bioconcentration factor normalized to 100% lipid that is based on the

concentration of freely dissolved chemical in the ambient water

and takes into account the partitioning of the chemical within the

organism. For inorganic chemicals, a bioconcentration factor is

based on the wet weight of the tissue.

(7) “Bioaccumulation” means the net accumulation of a substance by an organism as a result of uptake from all environmental

sources.

(8) “Bioaccumulation factor” or “BAF” means the ratio (in

L/kg) of a substance’s concentration in the tissue of an aquatic

organism to its concentration in the ambient water, in situations

where both the organism and its food are exposed to the substance

and where the ratio does not change substantially over time.
NR 105.03 WISCONSIN ADMINISTRATIVE CODE 38

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(9) “Bioaccumulative chemical of concern” or “BCC” means

any substance that has the potential to cause adverse effects

which, upon entering the surface waters, accumulates in aquatic

organisms by a human health or wildlife bioaccumulation factor

greater than 1000.

(10) “Bioconcentration” means the net accumulation of a substance by an aquatic organism as a result of uptake directly from

the ambient water through its gill membranes or other external

body surfaces.

(11) “Bioconcentration factor” or “BCF” means the ratio (in

L/kg) of a substance’s concentration in the tissue of an aquatic

organism to its concentration in the ambient water, in situations

where the organism is exposed through the water only and where

the ratio does not change substantially over time.

(12) “Biota−sediment accumulation factor” or “BSAF”

means the ratio (in kg of organic carbon/kg of lipid) of a substance’s lipid−normalized concentration in the 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 organism and its food are exposed,

and where the surface sediment is representative of the average

surface sediment in the vicinity of the organism.

(13) “Carcinogen” means any substance listed in Table 9 or a

substance for which the induction of benign or malignant neoplasms has been demonstrated in:

(a) Humans; or

(b) Two mammalian species; or

(c) One mammalian species, independently reproduced; or

(d) One mammalian species, to an unusual degree with respect

to increased incidence, shortened latency period, variety of site,

tumor type, or decreased age at onset; or

(e) One mammalian species, supported by reproducible positive results in at least 3 different types of short−term tests which

are indicative of potential oncogenic activity.

(14) “Chronic toxicity” means the ability of a substance to

cause an adverse effect in an organism which results from exposure to the substance for a time period representing that substantial

portion of the natural life expectancy of that organism.

(15) “Chronic toxicity criterion” or “CTC” means the maximum 4−day concentration of a substance which ensures adequate

protection of sensitive species of aquatic life from the chronic toxicity of that substance and will adequately protect the designated

fish and aquatic use of the surface water if not exceeded more than

once every 3 years.

(16) “Depuration” means the loss of a substance from an

organism as a result of any active or passive process.

(17) “EC50” means a concentration of a toxic substance which

causes an adverse effect including mortality in 50% of the

exposed organisms in a given time period.

(18) “Food−chain multiplier” or “FCM” means the ratio of a

BAF to an appropriate BCF.

(19) “LC50” means a concentration of a toxic substance which

is lethal to 50% of the exposed organisms in a given time period.

(20) “LD50” means a dose of a toxic substance which is lethal

to 50% of the exposed organisms in a given time period.

(21) “Lipid−soluble substance” means a substance which is

soluble in nonpolar organic solvents and which tends to accumulate in the fatty tissues of an organism exposed to the substance.

(22) “Lowest observable adverse effect level” or “LOAEL”

means the lowest tested concentration that caused an adverse

effect in comparison with a control when all higher test concentrations caused the same effect.

(23) “No observable adverse effect level” or “NOAEL”

means the highest tested concentration that did not cause an

adverse effect in comparison with a control when no lower test

concentration caused an adverse effect.

(24) “Octanol/water partition coefficient” or “KOW” means

the ratio of the concentration of a substance in the octanol phase

to its concentration in the aqueous phase in an equilibrated

2−phase octanol−water system. For log KOW, the log of the octanol−water partition coefficient is a base 10 logarithm.

(25) “Secondary value” means a temporary value that represents the concentration of a substance which ensures adequate

protection of sensitive species of aquatic life, wildlife or human

health from the toxicity of that substance and will adequately protect the designated use of the surface water until database requirements are fulfilled to calculate a water quality criterion.

(26) “Steady state” means that an equilibrium condition in the

body burden of a substance in an organism has been achieved and

is assumed when the rate of depuration of a substance matches its

rate of uptake.

(27) “Toxic substance” means a substance or mixture of substances which through sufficient exposure, or ingestion, inhalation or assimilation by an organism, either directly from the environment or indirectly by ingestion through the food chain, will

cause death, disease, behavioral or immunological abnormalities,

cancer, genetic mutations, or developmental or physiological

malfunctions, including malfunctions in reproduction or physical

deformations, in such organisms or their offspring.

(28) “Trophic level” means a functional classification of taxa

within a community that is based on feeding relationships (e.g.,

aquatic plants comprise the first trophic level, herbivores comprise the second, small fish comprise the third, predatory fish the

fourth, etc.).

(29) “Uptake” means the acquisition of a substance from the

environment by an organism as a result of any active or passive

process.

(30) “Water quality parameter” means one of the indicators

available for describing the distinctive quality of water including,

but not limited to, hardness, pH, or temperature.

History: Cr. Register, February, 1989, No. 398, eff. 3−1−89; renum. (5) to (19)

to be (11), (13) to (15), (17), (19) to (24), (26), (27) and (30), cr. (5) to (7), (9), (10),

(12), (16), (18), (25), (28) and (29) and am. (8), (11) and (24), Register, August, 1997,

No. 500, eff. 9−1−97.

NR 105.04 Determination of adverse effects.

(1) Substances may not be present in surface waters at concentrations which adversely affect public health or welfare, present or

prospective uses of surface waters for public or private water supplies, or the protection or propagation of fish or other aquatic life

or wild or domestic animal life.

(2) A substance shall be deemed to have adverse effects on

fish or other aquatic life if it exceeds any of the following more

than once every 3 years:

(a) The acute toxicity criterion as specified in s. NR 105.05,

or

(b) The chronic toxicity criterion as specified in s. NR 105.06.

(c) The acute and chronic toxicity criteria for ammonia nitrogen shall be determined on a case−by−case basis by the department for the appropriate aquatic life use category.

(3) A substance shall be deemed to have adverse effects on

wildlife if it exceeds the wildlife criterion as specified in s. NR

105.07.

(4) A substance shall be deemed to have adverse effects on

public health and welfare if it exceeds any of the following:

(a) The human threshold criterion as specified in s. NR 105.08;

or

(b) The human cancer criterion as specified in s. NR 105.09;

or

(c) The taste and odor criterion as specified in s. NR 102.14.

(5) A substance shall be deemed to have adverse effects or the

reasonable potential to have adverse effects on aquatic life, wildlife or human health, if it exceeds a secondary value determined

according to the procedures in ss. NR 105.05 to 105.08.
39 DEPARTMENT OF NATURAL RESOURCES NR 105.05

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(6) The determination of the criteria or secondary values for

substances as calculated under ss. NR 105.05 to 105.09 shall be

based upon the available scientific data base. References to be

used in obtaining scientific data may include, but are not limited

to:

(a) “Water Quality Criteria 1972”, EPA−R3−73−033, National

Academy of Sciences, National Academy of Engineering, United

States Government Printing Office, Washington, D.C., 1974.

(b) “Quality Criteria for Water”, EPA−440/9−76−003, United

States Environmental Protection Agency, Washington, D.C.,

1976.

(c) October 1980 and January 1985 U.S. Environmental

Protection Agency (EPA) ambient water quality criteria documents.

(d) “Public Health Related Groundwater Standards: Summary

of Scientific Support Documentation for NR 140.10”, Wisconsin

Department of Health and Social Services, Division of Health,

September 1985.

(e) “Public Health Related Groundwater Standards − 1986:

Summary of Scientific Support Documentation for NR 140.10”,

Wisconsin Department of Health and Social Services, Division of

Health, June 1986.

(f) Health advisories published on March 31, 1987 by EPA,

Office of Drinking Water.

(g) Any other reports, documents or information published by

EPA or any other federal agency.

(h) Any other reports, documents or information that the

department, deems to be reliable.

(7) When reviewing any of the references in sub. (6) to determine the effect of a substance, the department:

(a) Shall use scientific studies on the toxicity of a substance to

fish and other aquatic life and wild and domestic animals, indigenous to the state;

(b) May use scientific studies on the toxicity of a substance to

fish or other aquatic life, plant, mammalian, avian, and reptilian

species not indigenous to the state; and

(c) May consider biomonitoring information to determine the

aquatic life toxicity of complex mixtures of toxic substances in

addition to the chemical specific criteria specified in this chapter.

History: Cr. Register, February, 1989, No. 398, eff. 3−1−89; am. (3), renum. (5)

and (6) to be (7) and am. (6) (intro.) and (7) (intro.), cr. (5), Register, August, 1997,

No. 500, eff. 9−1−97.

NR 105.05 Acute toxicity criteria and secondary

acute values for aquatic life. (1) MINIMUM DATABASE FOR

ACUTE CRITERION DEVELOPMENT. (a) To derive an acute toxicity

criterion for aquatic life, the minimum information required shall

be the results of acceptable acute toxicity tests with one or more

species of freshwater animal in at least 8 different families provided that of the 8 species:

1. At least one is a salmonid fish in the family Salmonidae in

the class Osteichthyes,

2. At least one is a non−salmonid fish from another family in

the class Osteichthyes, preferably a commercially or recreationally important warmwater species,

3. At least one is a planktonic crustacean (e.g., cladoceran,

copepod),

4. At least one is a benthic crustacean (e.g., ostracod, isopod,

amphipod, crayfish),

5. At least one is an insect (e.g., mayfly, dragonfly, damselfly,

stonefly, caddisfly, mosquito, midge),

6. At least one is a fish or amphibian from a family in the phylum Chordata not already represented in one of the other subdivisions.

7. At least one is an organism from a family in a phylum other

than Arthropoda or Chordata (e.g., Rotifera, Annelida, Mollusca),

and

8. At least one is an organism from a family in any order of

insect or any other phylum not already represented in subds. 1. to

7.

9. If all 8 of the families in subds. 1. to 8. are represented, an

acute toxicity criterion may be developed for surface waters classified as cold water using information on all of those families. If

an acute toxicity criterion is developed for surface waters classified as cold water, acute toxicity criteria may also be developed

for any of the surface water classifications in s. NR 102.04 (3) (b)

to (e) using the procedure in sub. (2) or (3) and data on families

in subds. 1. to 8. which are representative of the aquatic life communities associated with those classifications. For each substance, in no case may the criterion for a lower quality fish and

aquatic life subcategory as defined in s. NR 102.04 be less than the

criterion for a higher quality fish and aquatic life subcategory.

10. For a substance, if all of the families in subds. 1. to 8. are

not represented, an acute toxicity criterion may not be developed

for that substance. Instead, any available data may be used to

develop a secondary acute value (SAV) for that substance according to s. NR 105.02 (3) and sub.(4).

(b) The acceptability of acute toxicity test results shall be

judged according to the guidelines in section IV of the United

States environmental protection agency’s 1985 “Guidelines for

Deriving National Numerical Water Quality Criteria for the

Protection of Aquatic Organisms and Their Uses” or 40 CFR Part

132, Appendix A. II, IV and V, as stated on September 1, 1997, is

incorporated by reference.

Note: Copies of 40 CFR Part 132, Appendix A Sections II, IV and V are

available for inspection in the offices of the department of natural

resources, secretary of state and the legislative reference bureau, Madison,

WI or may be purchased from the superintendent of documents, US government printing office, Washington, D.C. 20402.

(2) ACUTE TOXICITY CRITERIA FOR SUBSTANCES WITH TOXICITY

UNRELATED TO WATER QUALITY PARAMETERS. If the acute toxicity

of a substance has not been adequately shown to be related to a

water quality parameter (i.e., hardness, pH, temperature, etc.), the

acute toxicity criterion (ATC) is calculated using the procedures

specified in this subsection.

(a) 1. For each species for which at least one acute value is

available, the species mean acute value (SMAV) is calculated as

the geometric mean of all acceptable acute toxicity tests using the

guidelines in sub. (1) (b).

2. For each genus for which one or more SMAVs are available, the genus mean acute value (GMAV) is calculated as the geometric mean of the SMAVs available for the genus.

(b) The GMAVs are ordered from high to low.

(c) Ranks (R) are assigned to the GMAVs from 1 for the lowest

to N for the highest. If 2 or more GMAVs are identical, successive

ranks are arbitrarily assigned.

(d) The cumulative probability (P) is calculated for each

GMAVs as P=R/(N + 1).

(e) The 4 GMAVs are selected which have P closest to 0.05.

If there are less than 59 GMAVs, these will always be the lowest

GMAVs.

(f) Using the selected GMAVs and Ps, the ATC is calculated

using the following:

1. Let EV = sum of the 4 ln GMAVs,

EW = sum of the 4 squares of the ln GMAVs,

EP = sum of the 4 P values,

EPR = sum of the 4 square roots of P, and

JR = square root of 0.05.

2. S = ((EW − (EV)2 /4)/(EP−(EPR)2 /4))0.5.

3. L = (EV − S(EPR))/4.

4. A = (JR)(S) + L.

5. Final Acute Value (FAV)= eA.

6. ATC = FAV/2.
NR 105.05 WISCONSIN ADMINISTRATIVE CODE 40

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(g) If, for a commercially, recreationally or ecologically

important species, the geometric mean of the acute values from

flow−through tests in which the concentration of test material was

measured is lower than the calculated ATC [FAV], then that geometric mean is used as the ATC [FAV] instead of the calculated

one.

(h) Table 1 contains the acute toxicity criteria for fish and

aquatic life subcategories listed in s. NR 102.04 (3) that are calculated using the procedures described in this subsection for substances meeting the database requirements indicated in sub. (1)

(a).

(3) ACUTE TOXICITY CRITERIA FOR SUBSTANCES WITH TOXICITY

RELATED TO WATER QUALITY PARAMETERS. If data are available on

a substance to show that acute toxicity to 2 or more species is similarly related to a water quality parameter (i.e., hardness, pH, temperature, etc.), the acute toxicity criterion (ATC) is calculated

using the procedures specified in this subsection.

(a) For each species for which acceptable acute toxicity tests

using the guidelines in sub. (1) (b) are available at 2 or more different values of the water quality parameter, a least squares regression of the acute toxicity values on the corresponding values of the

water quality parameter is performed to obtain the slope of the

curve that best describes the relationship. Because the most commonly documented relationship is that between hardness and

acute toxicity of metals and a log−log relationship fits these data,

geometric means and natural logarithms of both toxicity and water

quality are used in the rest of this subsection to illustrate this

method. For relationships based on other water quality parameters, no transformation or a different transformation might fit the

data better, and appropriate changes shall be made as necessary

throughout this subsection.

(b) For each species, the geometric mean of the available acute

values (W) is calculated and then each of those acute values is

divided by the mean for that species. 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.

(c) For each species, the geometric mean of the available corresponding water quality parameter values (X) is calculated and

then each of those water quality parameter values is divided by the

mean for that species. This normalizes the water quality parameter

values so that the geometric mean of the normalized values for

each species individually and for any combination of species is

1.0.

(d) A least squares regression of all the normalized acute values on the corresponding normalized values of the water quality

parameter is performed to obtain the pooled acute slope (V). If the

coefficient of determination, or r value, calculated from that

regression is found not to be significant based on a standard F−test

at a 0.05 level, then the pooled acute slope shall be set equal to

zero.

(e) For each species the logarithmic intercept (Y) is calculated

using the equation: Y = ln W − V(ln X).

(f) 1. For each species the species mean acute intercept

(SMAI) is calculated as eY.

2. For each genus for which one or more SMAIs are available,

the genus mean acute intercept (GMAI) is calculated as the geometric mean of the SMAIs available for the genus.

(g) The GMAIs are ordered from high to low.

(h) Ranks (R) are assigned to the GMAIs from 1 for the lowest

to N for the highest. If 2 or more GMAIs are identical, successive

ranks are arbitrarily assigned.

(i) The cumulative probability (P) is calculated for each GMAI

as P=R/(N+1).

(j) The 4 GMAIs are selected which have P closest to 0.05. If

there are less than 59 GMAIs, these will always be the lowest

GMAIs.

(k) Using the selected GMAIs and Ps, the ATC is calculated

using the following:

1. Let EV = sum of the 4 ln GMAIs,

EW = sum of the 4 squares of the ln GMAIs,

EP = sum of the 4 P values,

EPR = sum of the 4 square roots of P, and

JR = square root of 0.05.

2. S = ((EW − (EV)2/4) /(EP−(EPR)2 /4))0.5.

3. L = (EV − S(EPR))/4.

4. A = (JR)(S) + L.

5. Final Acute Intercept (FAI) = eA.

6. Acute Criterion Intercept (ACI) = FAI/2.

(L) The acute toxicity equation (ATE) is written as:

ATC = e(V ln(water quality parameter) + ln ACI).

The ATE shall be applicable only over the range of water quality parameters equivalent to the mean plus or minus 2 standard

deviations using the entire fresh water acute toxicity data base and

the water quality parameter transformation employed in par. (a).

If the value at a specific location is outside of that range, the endpoint of the range nearest to that value shall be used to determine

the criterion. Additional information may be used to modify those

ranges. The final acute value (FAV) equals 2 times the ATC (acute

toxicity criterion) calculated using the formula in this paragraph.

(m) If, for a commercially, recreationally or ecologically

important species, the SMAI is lower than the calculated ACI,

then that SMAI is used as the ACI instead of the calculated one.

(n) Table 2 contains the acute toxicity criteria for the fish and

aquatic life subcategories listed in s. NR 102.04 (3) that are calculated using the procedures described in this subsection for substances meeting the database requirements indicated in sub. (1)

(a). Table 2A contains the water quality parameter ranges calculated in par. (L).

(4) SECONDARY ACUTE VALUES. If all 8 minimum data requirements for calculating acute toxicity criteria in sub. (1) (a) are not

met, secondary acute values (SAVs) shall be determined using the

procedure in this subsection.

(a) In order to calculate a SAV, the database shall contain, at

a minimum, a genus mean acute value (GMAV) for one of the following 3 genera in the family Daphnidae − Ceriodaphnia sp.,

Daphnia sp., or Simocephalus sp. To calculate a SAV, the lowest

GMAV in the database is divided by the Secondary Acute Factor

(SAF). The SAF is an adjustment factor corresponding to the

number of satisfied minimum data requirements, listed in sub. (1)

(a). SAFs are listed in Table 2B.

(b) Whenever appropriate, the effects of variable water quality

parameters shall be considered when calculating a SAV, consistent with the procedures described in sub. (3).

(c) Whenever, for a commercially, recreationally or ecologically important species, the SMAV is lower than the calculated

SAV, that SMAV shall be used as the SAV instead of the calculated

SAV.

(5) ACUTE TOXICITY CRITERIA EXPRESSED IN THE DISSOLVED

FORM. Acute water quality criteria may be expressed as a dissolved concentration. The conversion of an acute water quality

criterion expressed as a total recoverable concentration, to an

acute water quality criterion expressed as a dissolved concentration, the portion of the substance which will pass through a 0.45

um filter, shall be done using the equations in pars. (a) and (b).

Substances which may have criteria expressed as a dissolved concentration are listed in par. (a) with corresponding conversion factors.

(a) The conversion of the water quality criterion expressed as

total recoverable (WQCTotal R.) to the water quality criterion

expressed as dissolved (WQCD) shall be performed as follows:
41 DEPARTMENT OF NATURAL RESOURCES NR 105.06

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WQCD = (CF)(WQCTotal R.)

Where: WQCTotal R. = Criteria from NR 105, Table 1 or 2.

CF = Conversion factor for total recover−

able to dissolved.

Conversion factors are as follows:

Arsenic 1.000

Cadmium 0.850

Chromium (III) 0.316

Chromium (VI) 0.982

Copper 0.960

Lead 0.875

Mercury 0.850

Nickel 0.998

Selenium 0.922

Silver 0.850

Zinc 0.978

(b) The translation of the WQCD into the water quality criterion which accounts for site−specific conditions (WQCTRAN)

shall be performed as follows:

WQCTRAN = (Translator)(WQCD)

Where: Translator (unitless) = ((MP)(TSS) + MD)/MD

MP = Particle−bound concentration of the pollutant 

(ug/g) in receiving water.

MD = Dissolved concentration of the pollutant in 

receiving water (ug/L).

TSS = Total Suspended Solids (g/L) concentration in 

receiving water.

(c) The procedures in pars. (a) and (b) may also be used for the

conversion of secondary values from total recoverable to dissolved.

History: Cr. Register, February, 1989, No. 398, eff. 3−1−89; am. (1) (a) 1. to 5.,

(1) (b), (2) (a) to (f), (3) (a) and (f) to (L), r. and recr. (1) (a) 6., cr. (1) (a) 7. to 10.,

(4) and (5), Register, August, 1997, No. 500, eff. 9−1−97; CR 03−050: am. (3) (L) and

(m) Register February 2004 No. 578, eff. 3−1−04.

NR 105.06 Chronic toxicity criteria and secondary

chronic values for fish and aquatic life. (1) MINIMUM

DATABASE FOR CHRONIC CRITERION DEVELOPMENT. (a) To derive a

chronic toxicity criterion for aquatic life, the minimum information required shall be results of acceptable chronic toxicity tests

with one or more species of freshwater animal in at least 8 different families provided that of the 8 species:

1. At least one is a salmonid fish, in the family Salmonidae

in the class Osteichthyes,

2. At least one is a non−salmonid fish, from another family

in the class Osteichthyes, preferably a commercially or recreationally important warmwater species,

3. At least one is a planktonic crustacean (e.g., cladoceran,

copepod),

4. At least one is a benthic crustacean (e.g., ostracod, isopod,

amphipod, crayfish),

5. At least one is an insect (e.g., mayfly, dragonfly, damselfly,

stonefly, caddisfly, mosquito, midge),

6. At least one is a fish or amphibian from a family in the phylum Chordata not already represented in one of the other subdivisions,

7. At least one is an organism from a family in a phylum other

than Arthropoda or Chordata (e.g., Rotifera, Annelida, Mollusca),

and

8. At least one is an organism from a family in any order of

insect or any other phylum not already represented in subds. 1. to

7.

9. If all 8 of the families in subds. 1. to 8. are represented, a

chronic toxicity criterion may be developed for surface waters

classified as cold water using information on all of those families.

If a chronic toxicity criterion is developed for surface waters classified as cold water, chronic toxicity criteria may also be developed for any of the surface water classifications in s. NR 102.04

(3) (b) to (e) using the procedure in sub. (2) or (3) and data on families in subds. 1. to 8. which are representative of the aquatic life

communities associated with those classifications. For each substance, in no case may the criterion for a lower quality fish and

aquatic life subcategory as defined in s. NR 102.04 be less than the

criterion for a higher quality fish and aquatic life subcategory.

10. For a substance, if all the families in subds. 1. to 8. are not

represented, acute−chronic ratios as calculated in sub. (5) may be

used to generate the chronic toxicity values necessary to calculate

a chronic toxicity criterion.

11. For a substance, if all of the families in subds. 1. to 8. are

not represented, a chronic toxicity criterion may not be developed

for that substance except as provided in subd. 10. Instead, any

available data may be used to develop a secondary acute value

(SAV) for that substance according to sub. (4).

(b) The acceptability of chronic toxicity test results shall be

judged according to the guidelines in section VI of the United

States environmental protection agency’s 1985 “Guidelines for

Deriving National Numerical Water Quality Criteria for the

Protection of Aquatic Organisms and Their Uses” or 40 CFR Part

132 Appendix A, sections VI and VII as stated on September 1,

1997, is incorporated by reference.

Note: Copies of 40 CFR Part 132, Appendix A, Sections VI and VII are available

for inspection in the offices of the department of natural resources, secretary of state

and the legislative reference bureau, Madison, WI or may be purchased from the

superintendent of documents, US government printing office, Washington, D.C.

20402.

(2) CALCULATION OF A CHRONIC CONCENTRATION. A chronic

concentration is obtained by calculating the geometric mean of the

chronic lowest observable adverse effect level and the chronic no

observable adverse effect level.

(3) CHRONIC TOXICITY CRITERIA FOR SUBSTANCES WITH TOXICITY UNRELATED TO WATER QUALITY PARAMETERS. If the chronic toxicity of a substance has not been adequately shown to be related

to a water quality parameter, i.e., hardness, pH, temperature, etc.,

the chronic toxicity criterion (CTC) is calculated using the procedures specified in this subsection.

(a) 1. For each species for which at least one chronic value is

available, the species mean chronic value (SMCV) is calculated

as the geometric mean of all acceptable chronic toxicity tests

using the guidelines in sub. (1) (b).

2. For each genus for which one or more SMCVs are available, the genus mean chronic value (GMCV) is calculated as the

geometric mean of the SMCVs available for the genus.

(b) The GMCVs are ordered from high to low.

(c) Ranks (R) are assigned to the GMCVs from 1 for the lowest

to N for the highest. If 2 or more GMCVs are identical, successive

ranks are arbitrarily assigned.

(d) The cumulative probability (P) is calculated for each

GMCVs as P=R/(N + 1).

(e) The 4 GMCVs are selected which have P closest to 0.05.

If there are less than 59 GMCVs, these will always be the lowest

GMCVs.

(f) Using the selected GMCVs and Ps, the final chronic value

(FCV) is calculated using the following:

1. Let EV = sum of the 4 ln GMCVs,

EW = sum of the 4 squares of the ln GMCVs,

EP = sum of the 4 P values,

EPR = sum of the 4 square roots of P, and

JR = square root of 0.05.

2. S = ((EW − (EV)2 /4)/(EP−(EPR) 2/4))0.5

3. L = (EV − S(EPR))/4.

4. A = (JR)(S) + L.
NR 105.06 WISCONSIN ADMINISTRATIVE CODE 42

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5. FCV = eA.

(g) If, for a commercially, recreationally or ecologically

important species, the geometric mean of the chronic values is

lower than the calculated FCV then that geometric mean is used

as the FCV instead of the calculated one.

(h) The chronic toxicity criterion (CTC) equals the lower of the

FCV and the final plant value calculated using the procedure in s.

NR 105.11.

(i) Table 3 contains the chronic toxicity criteria for the fish and

aquatic life subcategories listed in s. NR 102.04 (3) that are calculated using the procedures described in this subsection for substances meeting the database requirements indicated in sub. (1).

(4) CHRONIC TOXICITY CRITERIA FOR SUBSTANCES WITH TOXICITY RELATED TO WATER QUALITY PARAMETERS. (a) If data are available on a substance to show that chronic toxicity to 2 or more species is similarly related to a water quality parameter (i.e.,

hardness, pH, temperature, etc.), the chronic toxicity criterion

(CTC) is calculated using the procedures specified in this paragraph.

1. For each species for which acceptable chronic toxicity tests

using the guidelines in sub. (1) (b) are available at 2 or more different values of the water quality parameter, a least squares regression of the chronic toxicity values on the corresponding values of

the water quality parameter is performed to obtain the slope of the

curve that best describes the relationship. Because the most commonly documented relationship is that between hardness and the

chronic toxicity of metals and a log−log relationship fits these

data, geometric means and natural logarithms of both toxicity and

water quality are used in the rest of this subsection to illustrate this

method. For relationships based on other water quality parameters, no transformation or a different transformation might fit the

data better, and appropriate changes shall be made as necessary

throughout this subsection.

2. For each species, the geometric mean of the available

chronic values (W) is calculated and then each of the chronic values is divided by the mean for that species. This normalizes the

chronic values so that the geometric mean of the normalized values for each species individually and for any combination of species is 1.0.

3. For each species, the geometric mean of the available corresponding water quality parameter values (X) is calculated and

then each of the water quality parameter values is divided by the

mean for that species. This normalizes the water quality parameter

values so that the geometric mean of the normalized values for

each species individually and for any combination of species is

1.0.

4. A least squares regression of all the normalized chronic

values on the corresponding normalized values of the water quality parameter is performed to obtain the pooled chronic slope (V).

If the coefficient of determination, or r value, calculated from that

regression is found not to be significant based on a standard F−test

at a 0.05 level, then the pooled chronic slope shall be set equal to

zero.

5. For each species the logarithmic intercept (Y) is calculated

using the equation: Y = ln W − V(ln X).

6. a. For each species the species mean chronic intercept

(SMCI) is calculated as eY.

b. For each genus for which one or more SMCIs are available,

the genus mean chronic intercept (GMCI) is calculated as the geometric mean of the SMCIs available for the genus.

7. The GMCIs are ordered from high to low.

8. Ranks (R) are assigned to the GMCIs from 1 for the lowest

to N for the highest. If 2 or more GMCIs are identical, successive

ranks are arbitrarily assigned.

9. The cumulative probability (P) is calculated for each

GMCI as P=R/(N + 1).

10. The 4 GMCIs are selected which have P closest to 0.05.

If there are less than 59 GMCIs, these will always be the lowest

GMCIs.

11. Using the selected GMCIs and Ps, the final chronic value

(FCV) is calculated using the following:

a. Let EV = sum of the 4 ln GMCIs,

EW = sum of the 4 squares of the ln GMCIs,

EP = sum of the 4 P values,

EPR = sum of the 4 square roots of P, and

JR = square root of 0.05.

b. S = ((EW−(EV)2/4)/(EP−(EPR)2/4))0.5

c. L = (EV − S(EPR))/4.

d. A = (JR)(S) + L.

e. Final Chronic Intercept (FCI) = eA.

12. The final chronic equation (FCE) is written as:

FCV = e(V ln(water quality parameter) + ln FCI).

 The FCE shall be applicable only over the range of water quality

parameters equivalent to the mean  2 standard deviations using

the entire freshwater chronic toxicity data base and the water quality parameter transformation employed in subd. 1. If the value at

a specific location is outside of that range, the endpoint of the

range nearest to that value shall be used to determine the criterion.

Additional information may be used to modify those ranges.

13. If, for a commercially, recreationally or ecologically

important species, the SMCI is lower than the calculated FCI, then

that SMCI is used as the FCI instead of the calculated one.

(b) At a value of the water quality parameter, the chronic toxicity criterion (CTC) equals the lower of the FCV and the final plant

value calculated using the procedure in s. NR 105.11.

(c) Table 4 contains the chronic toxicity criteria for the fish and

aquatic life subcategories listed in s. NR 102.04 (3) that are calculated using the procedures described in this subsection for substances meeting the database requirements indicated in sub. (1).

Table 4A contains the water quality parameter ranges calculated

in par. (a) 1.

(5) ACUTE−CHRONIC RATIOS. (a) The acute−chronic ratio is

used to estimate the chronic toxicity of a substance to fish or other

aquatic species when the database of sub. (1) (a) is not satisfied.

(b) The acute−chronic ratio for a species equals the acute concentration from data considered under s. NR 105.05 (1) divided

by the chronic concentration from data calculated under sub. (1),

subject to the following conditions:

1. If the acute toxicity of a substance is related to any water

quality parameter, the acute−chronic ratio shall be based on acute

and chronic toxicity data obtained from organisms exposed to test

water with similar, if not identical, values of those water quality

parameters. Preference under this paragraph shall be given to data

from acute and chronic tests done by the same author or reference

in order to increase the likelihood of comparable test conditions.

2. If the acute and chronic toxicity data indicate that the

acute−chronic ratio varies with changes in the values of the water

quality parameters, the acute−chronic ratio used at specified values of the water quality parameters shall be based on the ratios at

values closest to that specified.

3. If the acute toxicity of a substance is unrelated to water

quality parameters, the acute−chronic ratio may be derived from

any acute and chronic test on a species regardless of the similarity

in values of those parameters. Preference under this paragraph

shall be given to data from acute and chronic tests done by the

same author or reference to increase the likelihood of comparable

test conditions.

(c) A final chronic value shall be calculated for a substance

under this subsection only if at least one acute−chronic ratio is

available for at least one species of aquatic animal in at least 3 different families, provided that of the 3 species, one is a fish, one is

an invertebrate, and the third is a relatively sensitive freshwater
43 DEPARTMENT OF NATURAL RESOURCES NR 105.06

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species on an acute toxicity basis. The other 2 may be saltwater

species.

(d) The geometric mean acute−chronic ratio is calculated for

each species using the available acute−chronic ratios for that species. That mean ratio shall be called the species mean acute−

chronic ratio (SMACR).

(e) For a given substance, if the SMACR appears to increase

or decrease as the species or genus mean acute values (SMAVs or

GMAVs) calculated for that substance using the procedure

described in s. NR 105.05 increase, the final acute−chronic ratio

(FACR) shall be equal to the geometric mean of the SMACRs for

species with SMAVs closest to the final acute value.

(f) For a given substance, if no trend is apparent regarding

changes in SMACRs and GMAVs, the FACR shall be equal to the

geometric mean of all SMACRs available for that substance.

(g) For a given substance, the final chronic value (FCV) shall

be equal to the final acute value (FAV) divided by the final acute−

chronic ratio (FACR). The chronic toxicity criterion shall be

equal to the lower of the FCV and the final plant value as calculated using the procedure in s. NR 105.11, if available.

(h) Chronic toxicity criteria for the fish and aquatic life subcategories listed in s. NR 102.04 (3) that are calculated using

acute−chronic ratios are listed in Table 5 for substances with acute

toxicity unrelated to water quality parameters and in Table 6 for

substances with acute toxicity related to water quality parameters.

Equations listed in Table 6 are applicable over the same range of

water quality parameters as contained in Table 2A.

(6) SECONDARY CHRONIC VALUES. If all 8 minimum data

requirements for calculating FCVs in sub. (1) (a) are not met for

a substance, secondary chronic values (SCVs) shall be calculated

for that substance using the procedure in this subsection.

(a) If any one of the combinations of information in subds. 1.

to 3. is available, a SCV may be calculated. To calculate a SCV

for a substance, the acute value from subds. 1. to 3. is divided by

the applicable acute−chronic ratio in the same subdivision.

1. Calculate a FAV using the procedure in s. NR 105.05 (2)

and divide it by a secondary acute−chronic ratio (SACR) using the

procedure in sub. (7).

2. Calculate a SAV using the procedure in s. NR 105.05 (4)

and divide it by a final acute−chronic ratio (FACR) using the procedure in sub. (5).

3. Calculate a SAV using the procedure in s. NR 105.05 (4)

and divide it by a SACR using the procedure in sub. (7).

(b) If appropriate, the SCV shall be made a function of a water

quality characteristic in a manner similar to that described in sub.

(4) (a).

(c) If, for a commercially, recreationally or ecologically

important species, the SMCV is lower than the calculated SCV,

that SMCV shall be used as the SCV instead of the calculated

SCV.

(d) If there is an FPV available using the procedure in s. NR

105.11 which is lower than the calculated SCV, that FPV shall be

used as the SCV instead of the calculated SCV.

(7) SECONDARY ACUTE−CHRONIC RATIOS. (a) If a FACR cannot

be calculated using the procedure in sub. (5) because SMACRs are

not available for a fish, an invertebrate or an acutely sensitive

freshwater species, a secondary acute−chronic ratio (SACR) may

be calculated using the procedure in this subsection.

(b) The SACR shall be equal to the geometric mean of 3 acute−

chronic ratios. Those ratios consist of the SMACRs available for

the species in sub. (5) (c). When SMACRs are not available for

the species in par. (a), the default acute−chronic ratio to be used

is 18. Use of a SACR will result in the calculation of a secondary

chronic value.

(8) CHRONIC TOXICITY CRITERIA EXPRESSED IN THE DISSOLVED

FORM. Chronic water quality criteria may be expressed as a dissolved concentration. The conversion of a chronic water quality

criterion expressed as a total recoverable concentration to a

chronic water quality criterion expressed as a dissolved concentration, the portion of the substance which will pass through a

0.45 um filter, shall be done using the equations in pars. (a) and

(b). Substances which may have criteria expressed as a dissolved

concentration are listed in par. (a) with corresponding conversion

factors.

(a) The conversion of the water quality criterion expressed as

total recoverable (WQCTotal R.) to the water quality criterion

expressed as dissolved (WQCD) shall be performed as follows:

WQCD = (CF)(WQCTotal R.)

Where: WQCTotal R. = Criteria from NR 105, Table 5 or 6.

CF = Conversion factor for total recover−

able to dissolved.

Conversion factors are as follows:

Arsenic 1.000

Cadmium 0.850

Chromium (III) 0.860

Chromium (VI) 0.962

Copper 0.960

Lead 0.792

Nickel 0.997

Selenium 0.922

Zinc 0.986

(b) The translation of the WQCD into the water quality criterion which accounts for site−specific conditions (WQCTRAN)

shall be performed as follows:

WQCTRAN = (Translator)(WQCD)

Where: Translator (unitless) = ((MP)(TSS) + MD)/MD

MP = Particle−bound concentration of the pollutant (ug/g) in

receiving water.

MD = Dissolved concentration of the pollutant in receiving

water (ug/L).

TSS = Total Suspended Solids (g/L) concentration in receiving

water.

(c) The procedures in pars. (a) and (b) may also be used for the

conversion of secondary values from total recoverable to dissolved.
NR 105.06 WISCONSIN ADMINISTRATIVE CODE 44

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Table 1

Acute Toxicity Criteria for Substances With Toxicity Unrelated to Water Quality

(in ug/L except where indicated)

Substance Cold Water

Warm Water Sportfish, Warm

Water Forage, and Limited

Forage Fish Limited Aquatic Life

Arsenic (+3)* 339.8 339.8 339.8

Chromium (+6)* 16.02 16.02 16.02

Mercury (+2)* 0.83 0.83 0.83

Cyanide, free 22.4 45.8 45.8

Chloride 757,000 757,000 757,000

Chlorine* 19.03 19.03 19.03

Gamma − BHC 0.96 0.96 0.96

Dieldrin 0.24 0.24 0.24

Endrin 0.086 0.086 0.12

Toxaphene 0.73 0.73 0.73

Chlorpyrifos 0.041 0.041 0.041

Parathion 0.057 0.057 0.057

Note: * − Criterion listed is applicable to the “total recoverable” form except for chlorine which is applicable to the “total residual” form.

Table 2

Acute Toxicity Criteria for Substances With Toxicity Related to Water Quality

(all in ug/L)

Water Quality Parameter: Hardness (in ppm as CaCO3)

ATC=e(V in hardness) + ln ACI) ATC at Various Hardness (ppm) Levels

Substance V ln ACI 50 100 200

Total Recoverable Cadmium:

Cold Water 1.147 −3.8104 1.97 4.36 9.65

Warm Water Sportfish, Warm

Water Forage and Limited

Forage Fish

1.147 −2.9493 4.65 10.31 22.83

Limited Aquatic Life 1.147 −1.9195 13.03 28.87 63.92

Total Recoverable Chromium (+3):

All Surface Waters 0.819 3.7256 1022 1803 3181

Total Recoverable Copper:

All Surface Waters 0.9436 −1.6036 8.07 15.51 29.84

Total Recoverable Lead:

All Surface Waters 0.9662 0.2226 54.73 106.92 208.90

Total Recoverable Nickel:

All Surface Waters 0.846 2.255 261 469 843

Total Recoverable Zinc:

All Surface Waters 0.8745 0.7634 65.66 120.4 220.7

Water Quality Parameter: pH

ATC = e(V(pH) + ln ACI)

Substance V ln ACI 6.5 7.8 8.8

Pentachlorophenol:

All Surface Waters 1.0054 −4.877 5.25 19.40 53.01
45 DEPARTMENT OF NATURAL RESOURCES NR 105.06

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Table 2A

Water Quality Parameter Ranges for Substances With

Acute Toxicity Related to Water Quality

Substance Parameter Applicable Range

Cadmium Hardness (ppm) 6 − 457

Chromium (+3) Hardness (ppm) 13 − 301

Copper Hardness (ppm) 13 − 495

Lead Hardness (ppm) 12 − 356

Nickel Hardness (ppm) 13 − 268

Zinc Hardness (ppm) 12 − 333

Pentachlorophenol pH (s.u.) 6.6 − 8.8

Table 2B

Secondary Acute Factors

Number of minimum data

requirements satisfied Adjustment factor

1 21.9

2 13.0

3 8.0

4 7.0

5 6.1

6 5.2

7 4.3

Table 2C

Acute Toxicity Criteria for Ammonia With Toxicity Related to Water Quality(all in mg/L)

Cold Water (CW) Categories 1−5 are applicable only to ammonia criteria.1

Water Quality Parameter: pH

ATC (in mg/L) = [A / (1 + 10(7.204 – pH))] + [B /(1 + 10(pH – 7.204))]

Substance A B 7.5 8.0 8.5

Ammonia (as N) in mg/L:

CW Category 1 & 4 0.275 39.0 13.28 5.62 2.14

CW Category 2 & 3 0.343 48.7 16.59 7.01 2.67

CW Category 5, Warm Water Sport Fish, 

Warm Water Forage, and Limited Forage Fish

0.411 58.4 19.89 8.41 3.20

Limited Aquatic Life 0.633 90.0 30.64 12.95 4.93

1 For ammonia, along with data on all warm water fish species and invertebrates, the cold water criteria are calculated using data on all cold water fish species with the

following exceptions:

CW Category 1 = Default category of cold water classification. This category includes all fish. [Note: CW Category 1 is always applicable in Lake Superior, Lake

Michigan, and Green Bay north of 44° 32’ 30” north latitude.]

CW Category 2 = Inland lakes with populations of cisco, lake trout, brook trout or brown trout, but no other trout or salmonid species. This category excludes data on

genus Onchorhynchus.

CW Category 3 = Inland lakes with populations of cisco, but no trout or salmonid species. This category excludes data on genera Onchorhynchus, Salmo, and Salvelinus.

CW Category 4 = Inland trout waters with brook, brown, or rainbow trout, but no whitefish or cisco. This category excludes data on genus Prosopium.

CW Category 5 = Inland trout waters with brook and brown trout, but no whitefish, cisco, or other trout or salmonid species. This category excludes data on genera

Prosopium and Onchorhynchus.

Table 3

Chronic Toxicity Criteria for Substances With Toxicity Unrelated to Water Quality(all in ug/L)

Substance Cold Water

Warm Water Sportfish, Warm Water 

Forage and Limited Forage Fish Limited Aquatic Life

(Reserved)

Note: This table is reserved for criteria that USEPA has indicated may be available in the near future.

Table 4

Chronic Toxicity Criteria for Substances With Toxicity Related to Water Quality (all in ug/L)

Water Quality Parameter: Hardness (in ppm as CaCO3

CTC=e(V ln(hardness) + ln CCI)

CTC at Various 

Hardness (ppm) Levels

Substance V ln CCI 50 100 175

Total Recoverable Cadmium:

All Surface Waters 0.7852 −2.7150 1.43 2.46 3.82

Table 4A

Water Quality Parameter Ranges for Substances With Chronic Toxicity Related to Water Quality

Substance Parameter Applicable Range

Cadmium Hardness (ppm) 18−175
NR 105.06 WISCONSIN ADMINISTRATIVE CODE 46

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Table 4B

Chronic Toxicity Criteria for Ammonia with Toxicity Related to Water Quality (all in mg/L)

Substance: Ammonia (as N)

Water Quality Parameters: Temperature in degrees Celsius, pH

30−Day CTC:

CTC = E X ((0.0676/(1 + 10(7.688 – pH))) + (2.912/(1 + 10(pH – 7.688)))) X C

4−Day CTC = 30−Day CTC X 2.5

Cold Water (all periods), Warm Water Sport Fish and Warm Water Forage Fish

 (periods with Early Life Stages Present):

C = minimum of (2.85) or (1.45 X 10(0.028 X (25 − T)))

T = Temperature in degrees Celsius

E = 0.854

Warm Water Sport Fish and Warm Water Forage Fish

 (periods with Early Life Stages Absent):

C = (1.45 X 10(0.028 X (25 − T)))

T = Maximum of (actual temperature in degrees Celsius) and (7)

E = 0.854

Limited Forage Fish (periods with Early Life Stages Present):

C = minimum of (3.09) or (3.73 X 10(0.028 X (25 − T)))

T = temperature in degrees Celsius

E = 1

Limited Forage Fish (periods with Early Life Stages Absent):

C = (3.73 X 10(0.028 X (25 − T)))

T = Maximum of (actual temperature in degrees Celsius) and (7)

E = 1

Limited Aquatic Life (all periods):

C = (8.09 X 10(0.028 X (25 − T)))

T = temperature in degrees Celsius

E = 1

30−day CTC in mg/L @ pH of:

7.5 8.0 8.5

Cold Water, Warm Water Sport Fish (Early Life

States Present), and Warm Water Forage Fish (Early

Life Stages Present):

@ 25 degrees Celsius 2.22 1.24 0.55

@ 14.5 degrees Celsius or less 4.36 2.43 1.09

Warm Water Sport Fish (Early Life Stages Present),

and Warm Water Forage Fish (Early Life Stages

Absent):

@ 25 degrees Celsius 2.22 1.24 0.55

@ 7 degrees Celsius or less 7.09 3.95 1.77

Limited Forage Fish (Early Life Stages Present):

@ 27 degrees Celsius or less 5.54 3.09 1.38

Limited Forage Fish (Early Life Stages Absent):

@ 25 degrees Celsius 6.69 3.73 1.67

@ 7 degrees Celsius or less 21.34 11.90 5.33

Limited Aquatic Life:

@ 25 degrees Celsius 14.50 8.09 3.62

@ 7 degrees Celsius or less 46.29 25.82 11.56

Note: The terms “early life stage present” and “early life stage absent” are defined in subch. III of ch. NR 106.
47 DEPARTMENT OF NATURAL RESOURCES NR 105.06

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Table 5

Chronic Toxicity Criteria Using Acute−Chronic Ratios for Substances 

with Toxicity Unrelated to Water Quality (all in ug/L)

Substance Cold Water

Warm Water Sportfish 

and Warm Water Forage

Limited Forage Fish and 

Limited Aquatic Life

Arsenic (+3)* 148 152.2 152.2

Chromium (+6)* 10.98 10.98 10.98

Mercury (+2)* 0.44 0.44 0.44

Cyanide, free 5.22 11.47 11.47

Chloride 395,000 395,000 395,000

Selenium 5.0 5.0 46.5

Chlorine1 7.28 7.28 7.28

Dieldrin 0.055 0.077 0.077

Endrin 0.036 0.050 0.050

Parathion 0.011 0.011 0.011

Note: 1Criterion listed is applicable to the “total recoverable” form except for chlorine which is applicable to the “total residual” form.

Table 6

Chronic Toxicity Criteria Using Acute−Chronic Ratios for Substances 

With Toxicity Related to Water Quality (all in ug/L)

Water Quality Parameter: Hardness (in ppm as CaCO3)

CTC=e(V ln(hardness) + ln CCI) CTC at Various Hardness (ppm) Levels

Substance V ln CCI 50 100 200

Total Recoverable Chromium (+3):

Cold Water 0.819 0.6851 48.86 86.21 152.1

Warm Water Sportfish 0.819 1.112 74.88 132.1 233.1

All others 0.819 1.112 74.88 132.1 233.1

Total Recoverable Copper:

 All Surface Waters 0.8557 −1.6036 5.72 10.35 18.73

Total Recoverable Lead:

 All Surface Waters 0.9662 −1.1171 14.33 28.01 54.71

Total Recoverable Nickel:

Cold Water, Warm Water

Sportfish, Warm Water Forage,

and Limited Forage Fish

0.846 0.059 29.0 52.2 93.8

Limited Aquatic Life 0.846 0.4004 40.8 73.4 132.0

Total Recoverable Zinc

 All Surface Waters 0.8745 0.7634 65.66 120.4 220.7

Water Quality Parameter: pH

CTC=e(V(pH) + ln CCI) CTC at Various pH (s.u.) Levels

Substance V ln CCI 6.5 7.8 8.8

Pentachlorophenol:

Cold Water 1.0054 −5.1468 4.43 14.81 40.48

All Other Surface Waters 1.0054 −4.9617 5.33 17.82 48.70

History: Cr. Register, February, 1989, No. 398, eff. 3−1−89; am. (5) (f) and Tables 2, 2a, 4, 4a and 6, Register, July, 1995, No. 475, eff. 8−1−95; am. (1) (a) 1., 2., 4., and

5., (1) (b), (3) (intro.), (a) to (g), (4) (a) 1., 7. to 13., (5) (c), renum. (1) (a) 6. to be (1) (a) 10. , (3) (h) to be (3) (i) and am. (1) (a) 10, (4) (a) 6. to be (4) (a) 6. a., (4) (b) to

be (4) (c), (5) (e) to (i) to be (5) (d) to (h) and am. (5) (e) to (g), cr. (3) (h), (4) (a) 6. b., (4) (b), (5) (b) 3., (6) to (8), r. and recr., Tables 1 to 2a, 3 to 6, r. (5) (d); am. Tables

1 and 5, Register, January, 2000, No. 529, eff. 2−1−00; CR 03−050: am. Tables 2 and 6, cr. Tables 2C and 4B Register February 2004 No. 578, eff. 3−1−04; CR 07−110: am

Tables 2, 2A, 5 and 6 Register November 2008 No. 635, eff. 12−1−08.
NR 105.07 WISCONSIN ADMINISTRATIVE CODE 48

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

Register, November, 2008, No. 635

NR 105.07 Wildlife criteria. (1) The wildlife criterion is

the concentration of a substance which if not exceeded protects

Wisconsin’s wildlife from adverse effects resulting from ingestion of surface waters of the state and from ingestion of aquatic

organisms taken from surface waters of the state.

(a) For any substance not shown in Table 7, the wildlife criterion (WC) is the lower of the available mammalian or avian wildlife values (WVs) calculated pursuant to sub. (2). A wildlife criterion protective of Wisconsin’s reptile fauna may be calculated

pursuant to sub. (2) whenever data specific to reptiles are available.

(b) Table 7 contains the wildlife criteria calculated according

to the procedures of this chapter.

Table 7

Wildlife Criteria

Substance

Criteria (in ng/L, except where

indicated)

DDT & Metabolites 0.011

Mercury 1.3

Polychlorinated Biphenyls 0.12

2,3,7,8 − TCDD 0.003 (pg/L)

(2) (a) Mammalian and avian wildlife values shall be calculated as follows using information available from scientifically

acceptable studies of animal species exposed repeatedly to the

substance via oral routes including gavage:

WV = NOAEL x WtA x SSF

W + Σ[FTLi x BAFTLi]

Where: WV= Wildlife value in milligrams per liter

(mg/L).

NOAEL= No observed adverse effect level in

milligrams of substance per kilogram

of body weight per day (mg/kg−d) as

derived from subchronic or chronic

mammalian or avian studies or as

specified in subs. (3) to (5).

Wt= Average weight in kilograms (kg) of

the representative species.

W= Average daily volume of water in

liters consumed per day (L/d) by the

representative species or as specified

in sub. (6).

SSF= Species sensitivity factor, ranging

between 0.01 and 1 to account for

interspecies differences in sensitivity.

FTLJ= Average daily amount of food consumed from trophic level i by the

representative species in kilograms

per day (kg/d) or as specified in sub.

(6).

BAFTLJ= Bioaccumulation factor for wildlife

food in trophic level i with units of

liter per kilogram (L/kg) as derived in

s. NR 105.10. For consumption of

piscivorous birds by other birds (e.g.,

herring gull by eagles), the 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) The selection of the species sensitivity factor (SSF) shall

be based on the available toxicological data base and available

physicochemical and toxicokinetic properties of the substance

and the amount and quality of available data.

(c) The bald eagle, kingfisher, herring gull, mink and otter are

representative of avian and mammalian species to be protected by

wildlife criteria. A NOAEL specific to each taxonomic class is

used to calculate WVs for each of the 5 representative species. 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.

(d) In those cases in which more than one NOAEL is available,

the following shall apply:

1. If more than one NOAEL is available within a taxonomic

class, based on the same endpoint of toxicity, the NOAEL from the

most sensitive species shall be used.

2. If more than one NOAEL is available for a given species,

based on the same enpoint of toxicity, the NOAEL for that species

shall be calculated using the geometric mean of those NOAELs.

(e) Because wildlife consume fish from both trophic levels 3

and 4, baseline BAFs shall be available for both trophic levels 3

and 4 to calculate either a criterion or secondary value for a chemical. When appropriate, ingestion through consumption of invertebrates, plants, mammals and birds in the diet of wildlife species

to be protected shall be included.

(3) In those cases in which a no observed adverse effect level

(NOAEL) is available from studies of mammalian or avian species exposed repeatedly to the substance via oral routes including

gavage, but is available in units other than mg/kg−d as specified

in sub. (2), the following procedures shall be used to express the

NOAEL prior to calculating the wildlife value:

(a) If the NOAEL is given in milligrams of toxicant per liter

of water consumed (mg/L), the NOAEL 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).

(b) If the NOAEL is given in milligrams of toxicant per kilogram of food consumed (mg/kg), the NOAEL 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).

(4) In those cases in which a NOAEL is unavailable and a lowest observed adverse effect level (LOAEL) is available from studies of animal species exposed repeatedly to the substance via oral

routes including gavage, the LOAEL may be substituted with

proper adjustment to estimate the NOAEL. An uncertainty factor

of between one and 10 may be applied to the LOAEL, depending

on the sensitivity of the adverse effect, to reduce the LOAEL into

the range of a NOAEL. If the LOAEL is available in units other

than mg/kg−d, the LOAEL shall be expressed in the same manner

as that specified for the NOAEL in sub. (3).

(5) In instances where a NOAEL is based on subchronic data,

an uncertainty factor may be applied to extrapolate from subchronic to chronic levels. The value of the uncertainty factor may

not be less than 0.1 and may not exceed 1.0. This factor is to be

used when assessing highly bioaccumulative substances where

toxicokinetic considerations suggest that a bioassay of limited

length underestimates chronic effects.

(6) If drinking or feeding rates are not available for representative species, drinking (W) and feeding rates (FTLi) shall be calculated for representative mammalian or avian species by using

the allometric equations given in pars. (a) and (b).
49 DEPARTMENT OF NATURAL RESOURCES NR 105.08

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Register, November, 2008, No. 635

(a) For mammalian species the allometric equations are as follows:

1. FTLi=0.0687  (Wt)0.82

Where: FTLi = Feeding rate of mammalian species in kilograms

per day (kg/d).

Wt = Average weight in kilograms (kg) of the test

animals.

2. W=0.099(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 allometric equations are as follows:

1. FTLi = 0.0582 (Wt)0.65

Where: FTLi = Feeding rate of avian

species in kilograms

per day (kg/d).

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.

Note: Criteria to protect domestic animals will be considered on an as needed basis

using a model that accounts for domestic animal exposure through drinking water.

Because domestic animals do not regularly consume aquatic organisms, the wildlife

exposure model is not appropriate.

History: Cr. Register, February, 1989, No. 398, eff. 3−1−89; am. table 7, Register,

July, 1991, No. 427, eff. 8−1−91; am. (1), (2) (a), (b), (3) (intro.), (6) (intro.), r. and

recr. (2) (c), (5), cr. (2) (d), (e), r. (6) (a), renum. (6) (b) and (c) to be (6) (a) and (b)

and am., Register, August, 1997, No. 500, eff. 9−1−97.

NR 105.08 Human threshold criteria. (1) The human

threshold criterion (HTC) is the maximum concentration of a substance established to protect humans from adverse effects resulting from contact with or ingestion of surface waters of the state

and from ingestion of aquatic organisms taken from surface

waters of the state. Human threshold criteria are derived for those

toxic substances for which a threshold dosage or concentration

can be estimated below which no adverse effect or response is

likely to occur.

(2) For noncarcinogenic components of mixtures in effluents,

interactions among substances may be additive, antagonistic or

synergistic and may be accounted for by a model that is supported

by credible scientific evidence. The risks are assumed to be additive when substances are members of the same structural class and

cause potential adverse effects via the same mechanism of action,

influencing the same kind of endpoint, and shall be accounted for

by a model that is supported by credible scientific evidence.

(3) Human threshold criteria are listed in Table 8. Criteria for

the same substance may be different depending on the surface

water classification, due to the lipid value of representative fish,

a component of the BAF, and whether or not the water may be a

source of drinking water. Further application of these criteria to

protect drinking water and downstream uses in the Great Lakes

system shall be according to s. NR 106.06 (1)

(4) To derive human threshold criteria for substances not

included in Table 8 the following methods shall be used:

(a) The human threshold criterion shall be calculated as follows:

HTC = ADE  70 kg  RSC

 WH + (FH BAF)

Where: HTC = Human threshold criterion in

milligrams per liter (mg/L).

ADE = Acceptable daily exposure in

milligrams toxicant per kilogram body weight per day

(mg/kg−d) as specified in

sub. (5).

70 kg = Average weight of an adult

male in kilograms (kg).

RSC = Relative source contribution

factor used to account for

routes of exposure other than

consumption of contaminated water and aquatic

organisms. In the absence of

sufficient data on alternate

sources of exposure, including but not limited to non−

fish diet and inhalation, the

relative source contribution

factor shall be set equal to

0.8.

WH = Average per capita daily

water consumption of 2 liters

per day (L/d) for surface

waters classified as public

water supplies or, for all other

surface waters, 0.01 liters per

day (L/d) for exposure

through body contact or

ingestion of small volumes of

water during swimming or

other recreational activities.

FH = Average per capita daily consumption of sport−caught

fish by Wisconsin anglers

equal to 0.02 kilograms per

day (kg/d).

BAF = Aquatic organism bioaccumulation factor with units of

liter per kilogram (L/kg) as

derived in s. NR 105.10.
NR 105.08 WISCONSIN ADMINISTRATIVE CODE 50

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Register, November, 2008, No. 635

Table 8

Human Threshold Criteria 

(ug/L unless specified otherwise)

Public Water Supply Non−Public Water Supply

Substance

Warm Water Sport

Fish Communities

Cold Water4

Communities

Warm Water Forage, 

Limited Forage, and

Warm Water Sport

Fish Communities

Cold Water

Communities Limited Aquatic Life

1. Acrolein 7.2 3.4 15 4.4 2,800

2. Antimony2 5.6 5.6 373 373 1,120

3. Benzene2 5 5 610 260 4,000

4. Bis(2−chloroisopropyl) ether 1,100 1,100 55,000 34,000 220,000

5. Cadmium2 4.4 4.4 370 370 880

6. *Chlordane (ng/L) 2.4 0.70 2.4 0.70 310,000

7. Chlorobenzene2 100 100 1,210 400 28,000

8. Chromium, total2 100 100

9. Chromium (+3) 41,750 41,750 3,818,000 3,818,000 8,400,000

10. Chromium (+6) 83.5 83.5 7,636 7,636 16,800

11. Cyanide, Total2 138.6 138.6 9,300 9,300 28,000

12. *4.4’−DDT (ng/L) 3.0 0.88 3.0 0.88 2800000

13. 1,2−Dichlorobenzene2 446 273 1,509 481 126,000

14. 1,3−Dichlorobenzene 1,400 710 3,300 1,000 500,000

15. cis−1,2−Dichloroethene2 70 70 14,000 9,000 56,000

16. trans−1,2−Dichloroethene2 100 100 24,000 13,000 110,000

17. Dichloromethane2 5 5 95,000 72,000 328,000

(methylene chloride)

18. 2,4−Dichlorophenol 74 58 580 180 17,000

19. Dichloropropenes3 8.3 8.2 420 260 1,700

(1,3−Dichloropropene)

20. *Dieldrin (ng/L) 0.59 0.17 0.59 0.17 280,000

21. 2,4−Dimethylphenol 450 430 11,000 4,500 94,000

22. Diethyl phthalate2 5,000 5,000 68,000 21,000 4,500,000

23. Dimethyl phthalate (mg/L) 241 184 1,680 530 56,000

24. 4,6−Dinitro−o−cresol 100 96 1,800 640 22,000

25. Dinitrophenols3 55 55 2,800 1,800 11,000

(2,4−Dinitrophenol)

26. 2,4−Dinitrotoluene 0.51 0.48 13 5.3 110

27. Endosulfan 87 41 181 54 33,600

28. Ethylbenzene2 567 401 2,920 931 140,000

29. Fluoranthene 890 610 4,300 1,300 220,000

30. *Hexachlorobenzene 0.075 0.022 0.075 0.022 4,500

31. Hexachlorocyclopentadiene 34.7 25.6 195 65.3 8,400

32. Hexachloroethane 8.7 3.3 13 3.7 5,600

33. *gamma−BHC (lindane) 0.20 0.20 0.84 0.25 1,900

34. Isophorone 5,500 5,300 180,000 80,000 1,100,000

35. Lead 10 10 140 140 2,240

36. *Mercury5 0.0015 0.0015 0.0015 0.0015 336

37. Nickel2 100 100 43,000 43,000 110,000

38. *Pentachlorobenzene 0.46 0.14 0.47 0.14 4,500

39. Selenium2 50 50 2,600 2,600 28,000

40. Silver 140 140 28,000 28,000 28,000

41. *2,3,7,8−TCDD (pg/L) 0.11 0.032 0.11 0.032 7,300

42. *1,2,4,5−Tetrachlorobenzene 0.54 0.17 0.58 0.17 1,700

43. Tetrachloroethene 5.8 4.6 46 15 1,300

44. Toluene2 1,000 1,000 15,359 5,201 280,000

45. 1,1,1−Trichloroethane2 200 200 270,000 110,000 2,000,000

46. 2,4,5−Trichlorophenol 1,600 830 3,900 1,200 560,000

* Indicates substances that are BCCs.

1 A human threshold criterion expressed in micrograms per liter (ug/L) can be converted to milligrams per liter (mg/L) by dividing the criterion by 1000.

2 For this substance the human threshold criteria for public water supply receiving water classifications equal the maximum contaminant level pursuant to s. NR

105.08 (4) (b).

3 The human threshold criteria for this chemical class are applicable to each isomer.

4 For BCCs, these criteria apply to all water of the Great Lakes system.

5 The mercury criteria were calculated using 20 g/day fish consumption and the human non−cancer criteria derivation procedure in 40 CFR Part 132, Appendix C. For

these criteria, 40 CFR Part 132, Appendix C as stated on September 1, 1997 is incorporated by reference.
51 DEPARTMENT OF NATURAL RESOURCES NR 105.08

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Register, November, 2008, No. 635

(b) For surface waters classified as public water supplies, if the

human threshold criterion for a toxic substance as calculated in

par. (a) exceeds the maximum contaminant level (MCL) for that

substance as specified in ch. NR 809 or the July 8, 1987 Federal

Register (52 FR 25690), the MCL shall be used as the human

threshold criterion.

(5) The acceptable daily exposure (ADE) referenced in sub.

(4) represents the maximum amount of a substance which if

ingested daily for a lifetime results in no adverse effects to

humans. Paragraphs (a) to (c) list methods for determining the

acceptable daily exposure.

(a) The department shall review available references for

acceptable daily exposure or equivalent values, such as a reference dose (RfD) as used by the U.S. environmental protection

agency, and for human or animal toxicological data from which

an acceptable daily exposure can be derived. Suitable references

for review include, but are not limited to, those presented in s. NR

105.04 (5).

(b) When human or animal toxicological data are available, the

department may derive an acceptable daily exposure by using as

guidance procedures presented by the U.S. environmental protection agency in “Water Quality Criteria Documents; Availability”

(45 FR 79318, November 28, 1986). Additional guidance for

deriving acceptable daily exposures from toxicological data are

given in subds. 1. to 4. Alternate procedures may be used if supported by credible scientific evidence.

1. No observable adverse effect levels (NOAELs) and lowest

observable adverse effect levels (LOAELs) from studies of

humans or mammalian test species shall be divided by an uncertainty factor to derive an acceptable daily exposure. Uncertainty

factors reflect uncertainties in predicting acceptable exposure levels for the general human population based upon experimental

animal data or limited human data. Factors to be considered when

selecting an uncertainty factor include, but are not limited to,

interspecies and individual variations in response and susceptibility to a toxicant, and the quality and quantity of the available data.

The following guidelines shall be considered when selecting an

uncertainty factor:

a. Use an uncertainty factor of 10 when extrapolating from

valid experimental results from studies on prolonged ingestion by

humans. This 10−fold factor protects sensitive members of the

human population.

b. Use an uncertainty factor of 100 when extrapolating from

valid results of long−term feeding studies on experimental animals with results of studies of human ingestion not available or

insufficient (e.g., acute exposure only). This represents an additional 10−fold uncertainty factor in extrapolating data from the

average animal to the average human.

c. Use an uncertainty factor of 1000 when extrapolating from

less than chronic results on experimental animals with no useful

long−term or acute human data. This represents an additional

10−fold uncertainty factor in extrapolating from less than chronic

to chronic exposures.

d. Use an additional uncertainty factor of between 1 and 10

depending on the severity of the adverse effect when deriving an

acceptable daily exposure from a lowest observable adverse effect

level (LOAEL). This uncertainty factor reduces the LOAEL into

the range of a no observable adverse effect level (NOAEL).

e. Use an additional uncertainty factor of 10 when deriving

an acceptable daily exposure for a substance which the U.S. environmental protection agency classifies as a “group C” carcinogen,

but which is not defined as a carcinogen in s. NR 105.03 (13).

2. Results from studies of humans or mammalian test species

used to derive acceptable daily exposures shall have units of milligrams of toxicant per kilogram of body weight per day (mg/kg−d).

When converting study results to the required units, a water consumption of 2 liters per day (L/d) and a body weight of 70 kilograms (kg) is assumed for humans. The following examples and

procedures illustrate the conversion of units:

a. Results from human studies which are expressed in milligrams of toxicant per liter of water consumed (mg/L) are converted to mg/kg−d by multiplying the results by 2 L/d and dividing

by 70 kg.

b. Results from animal studies which are expressed in milligrams of toxicant per liter of water consumed (mg/L) are converted to mg/kg−d by multiplying the results by the daily average

volume of water consumed by the test animals in liters per day

(L/d) and dividing by the average weight of the test animals in

kilograms (kg).

c. Results from animal studies which are expressed in milligrams of toxicant per kilogram of food consumed (mg/kg) are

converted to mg/kg−d by multiplying the results by the average

amount of food consumed daily by the test animals in kilograms

per day (kg/d) and dividing by the average weight of the test animals in kilograms (kg).

d. If a study does not specify water or food consumption rates,

or body weight of the test animals, standard values taken from

appropriate references, such as the National Institute of Occupational Safety and Health, 1980, Registry of Toxic Effects of

Chemical Substances, may be used to convert units.

e. Results from animal studies in which test animals were not

exposed to the toxicant each day of the test period shall be multiplied by the ratio of days that the test animals were dosed to the

total days of the test period. For the purposes of this adjustment,

the test period is defined as the interval beginning with the administration of the first dose and ending with the administration of the

last dose, inclusive.

3. When assessing the acceptability and quality of human or

animal toxicological data from which an acceptable daily exposure can be derived, the department may use the following documents as guidance:

a. “Guidelines for Mutagenicity Risk Assessment”, (51 FR

34006, September 24, 1986).

b. “Guidelines for the Health Risk Assessment of Chemical

Mixtures”, (51 FR 34014, September 24, 1986).

c. “Guidelines for the Health Assessment of Suspect Development Toxicants”, (51 FR 34028, September 24, 1986).

d. “Guidelines for Exposure Assessment”, (51 FR 34042,

September 24, 1986).

e. Any other documents that the department deems reliable.

4. When the available human or animal toxicological data

contains conflicting information, the department may consult

with experts outside of the department for guidance in the selection of the appropriate data.

(c) Using sound scientific judgment, the department shall

select an acceptable daily exposure as derived in pars. (a) and (b)

for calculation of the human threshold criterion. When selecting

an acceptable daily exposure, the department shall adhere to the

following guidelines unless a more appropriate procedure is supported by credible scientific evidence:

1. Acceptable daily exposures based on human studies are

given preference to those based on animal studies.

2. When deriving an acceptable daily exposure from animal

studies preference is given to chronic studies involving oral routes

of exposure, including gavage, over a significant portion of the

animals’ life span. If acceptable studies using oral exposure routes

are not available, acceptable daily exposures derived from studies

using alternate exposure routes, such as inhalation, may be used.

3. When 2 or more acceptable daily exposure values are available and have been derived from studies having equal preference

as defined in subds. 1. and 2., the lowest acceptable daily exposure

is generally selected. If the acceptable daily exposure values differ

significantly, the department may consult with experts outside of

the department for guidance in the selection of the more appropriate acceptable daily exposure.

History: Cr. Register, February, 1989, No. 398, eff. 3−1−89; correction in (3) (b)

made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1995, No. 477; renum.

(2) to (4) to be (3) to (5) and am., cr. (2), r. and recr. Table 8, am. (5) (intro.), 1. (intro.),
NR 105.08 WISCONSIN ADMINISTRATIVE CODE 52

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Register, November, 2008, No. 635

d., e., 2 (intro.) and (c) and am., Register, August, 1997, No. 500, eff. 9−1−97; CR

03−050: am. Table 8 Register February 2004 No. 578, eff. 3−1−04; CR 07−110: am.

Table 8 Register November 2008 No. 635, eff. 12−1−08.

NR 105.09 Human cancer criteria. (1) The human cancer criterion (HCC) is the maximum concentration of a substance

or mixture of substances established to protect humans from an

unreasonable incremental risk of cancer resulting from contact

with or ingestion of surface waters of the state and from ingestion

of aquatic organisms taken from surface waters of the state.

Human cancer criteria are derived for those toxic substances

which are carcinogens as defined in s. NR 105.03 (13).

(2) For any single carcinogen or any mixture of carcinogens

the incremental cancer risk from exposure to surface waters and

aquatic organisms taken from surface waters may not exceed one

in 100,000. The combined cancer risk of individual carcinogens

in a mixture is assumed to be additive unless an alternate model

is supported by credible scientific evidence.

(3) Human cancer criteria are listed in Table 9. Criteria for the

same substance may be different depending on the surface water

classification, due to the lipid value of representative fish, a component of the BAF, and whether or not the water may be a source

of drinking water. Further application of these criteria to protect

drinking water and downstream uses in the Great Lakes system

shall be according to s. NR 106.06 (1).

Table 9

Human Cancer Criteria

(ug/L unless specified otherwise1)

Public Water Supply Non−Public Water Supply

Substance

Warm Water Sport

Fish Communities

Cold Water4

Communities

Warm Water Forage,

Limited Forage, and

Warm Water Sport

Fish Communities

Cold Water

Communities

 Limited

Aquatic Life

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

Acrylonitrile

Arsenic2

*alpha−BHC

*gamma−BHC (lindane)

*BHC, technical grade

Benzene2

Benzidine (ng/L)

Beryllium

Bis(2−chloroethyl) ether

Bis(chloromethyl) ether (ng/L)

Carbon tetrachloride

*Chlordane (ng/L)

Chloroethene (vinyl chloride)

Chloroform (trichloromethane)

*4,4’−DDT (ng/L)

1,4−Dichlorobenzene

3,3’

−Dichlorobenzidine

1,3−Dichloropropene

1,2−Dichloroethane

Dichloromethane2 (methylene chloride)

*Dieldrin (ng/L)

2,4−Dinitrotoluene

1,2−Diphenylhydrazine

Halomethanes3

*Hexachlorobenzene (ng/L)

*Hexachlorobutadiene

Hexachloroethane

N−Nitrosodiethylamine (ng/L)

N−Nitrosodimethylamine

N−Nitrosodi−n−butylamine

N−Nitrosodiphenylamine

N−Nitrosopyrrolidine

*Polychlorinated biphenyls (ng/L)

*2,3,7,8−Tetrachlorodibenzo−p−dioxin (pg/L)

1,1,2,2−Tetrachloroethane

Tetrachloroethene

*Toxaphene (ng/L)

1,1,2−Trichloroethane2

Trichloroethene2

2,4,6−Trichlorophenol

0.57

0.2

0.012

0.052

0.038

5

1.5

0.054

0.31

1.6

2.5

0.41

0.18

55

0.22

14

0.5

3.4

3.8

5

0.0091

0.51

0.38

55

0.73

0.59

7.7

2.3

0.0068

0.063

44

0.17

0.01

0.014

1.7

5.8

0.11

6.0

5

29

0.45

0.2

0.0037

0.018

0.013

5

1.5

0.054

0.29

1.6

2.1

0.12

0.18

53

0.065

12

0.3

3.4

3.8

5

0.0027

0.48

0.31

53

0.22

0.19

2.9

2.3

0.0068

0.062

23

0.17

0.003

0.0041

1.6

4.6

0.034

6.0

5

24

4.6

13.3

0.013

0.064

0.047

140

81

0.33

7.6

96

29

0.41

10

1960

0.22

163

1.3

173

217

2700

0.0091

13

3.3

1960

0.73

0.69

11

150

0.46

2.5

116

11

0.01

0.014

52

46

0.14

195

539

300

1.5

13.3

0.0039

0.019

0.014

45

55

0.33

3.0

79

9.5

0.12

6.8

922

0.065

54

0.4

108

159

2100

0.0027

5.3

1.04

922

0.22

0.2

3.3

140

0.46

1.3

34

11

0.003

0.0041

22

15

0.034

87

194

97

130

40

11

54

39

1300

300

16

64

320

540

54000

37

11200

206000

2940

140

700

770

9600

4400

110

88

11200

44000

910

5000

460

1.4

13

13000

34

9100

930

350

1300

63600

1200

6400

6400

* Indicates substances that are BCCs.

1 A human cancer criterion expressed in micrograms per liter (ug/L), nanograms per liter (ng/L) or picograms per liter (pg/L) can be converted to milligrams per liter (mg/L) by

dividing the criterion by 1000, 1,000,000 or 1,000,000,000, respectively.

2 For this substance the human cancer criteria for public water supply receiving water classifications equal the maximum contaminant level pursuant to s. NR 105.09 (4) (b).

3 Human cancer criteria for halomethanes are applicable to any combination of the following chemicals: bromomethane (methyl bromide), chloromethane (methyl chloride),

tribromomethane (bromoform), bromodichloromethane (dichloromethyl bromide), dichlorodifluoromethane (fluorocarbon 12) and trichlorofluoromethane (fluorocarbon 11).

4 For BCCs, these criteria apply to all waters of the Great Lakes system.
53 DEPARTMENT OF NATURAL RESOURCES NR 105.09

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Register, November, 2008, No. 635

(4) To derive human cancer criteria for substances not

included in Table 9 the following methods shall be used:

(a) The human cancer criterion shall be calculated as follows:

HCC= RAD x 70 kg 

 WH + (FH x BAF)

Where: HCC = Human cancer criterion in

milligrams per liter (mg/L).

RAD = Risk associated dose in milligrams toxicant per kilogram

body weight per day (mg/

kg−d) that is associated with

a lifetime incremental cancer

risk equal to one in 100,000

as derived in sub. (5).

70 kg = Average weight of an adult

male in kilograms (kg).

WH = Average per capita daily

water consumption of 2 liters

per day (L/d) for surface

waters classified as public

water supplies or, for other

surface waters, 0.01 liters per

day (L/d) for exposure

through contact or ingestion

of small volumes of water

during swimming or during

other recreational activities.

FH = Average per capita daily consumption of sport−caught

fish by Wisconsin anglers

equal to 0.02 kilograms per

day (kg/d).

BAF = Aquatic life bioaccumulation

factor with units of liter per

kilogram (L/kg) as derived in

s. NR 105.10.

(b) For surface waters classified as public water supplies, if the

human cancer criterion for a toxic substance as calculated in par.

(a) exceeds the maximum contaminant level (MCL) for that substance as specified in ch. NR 809 or the July 8, 1987 Federal Register (52 FR 25690), the MCL shall be used as the human cancer

criterion.

(5) The risk associated dose (RAD) referenced in sub. (4) represents the maximum amount of a substance which if ingested

daily for a lifetime of 70 years has an incremental cancer risk equal

to one case of human cancer in a population of 100,000. Methods

for deriving the risk associated dose are specified in pars. (a) to

(d).

(a) The department shall review available references for

acceptable human and animal studies from which the risk associated dose can be derived. The department shall use sound scientific judgment when determining the acceptability of a study and

may use the U.S. environmental protection agency’s “Guidelines

for Carcinogen Risk Assessment” (FR 51 33992, September 24,

1986) as guidance for judging acceptability. Suitable references

for review include, but are not limited to, those presented in s. NR

105.04 (5).

(b) If an acceptable human epidemiologic study is available,

contains usable exposure data, and indicates a carcinogenic effect,

the risk associated dose shall be set equal to the lifetime average

exposure which would produce an incremental cancer risk of one

in 100,000 based on the exposure information from the study and

assuming the excess cancer risk is proportional to the lifetime

average exposure. If more than one human epidemiologic study

is judged to be acceptable, the most protective risk associated dose

derived from the studies is generally used to calculate the human

cancer criterion. If the risk associated dose values differ significantly, the department may consult with experts outside of the

department for guidance in the selection of the more appropriate

value.

(c) In the absence of an acceptable human epidemiologic

study, the risk associated dose shall be derived from available

studies which use mammalian test species and which are judged

acceptable. Methods for deriving the risk associated dose are specified in subds. 1. to 4.

1. A linear, non−threshold dose−response relationship as

applied by the U.S. environmental protection agency in “Water

Quality Criteria Documents; Availability” (45 FR 79318, November 28, 1980) shall be assumed unless a more appropriate dose−response relationship or extrapolation model is supported by credible scientific evidence.

Note: The linear non−threshold dose−response model used by the U.S. environmental protection agency provides an upper−bound estimate (i.e., the one−sided 95%

upper confidence limit) of incremental cancer risk. The true cancer risk is unknown.

While the true cancer risk is not likely to be greater than the upper bound estimate,

it may be lower.

2. When a linear, non−threshold dose−response relationship

is assumed, the risk associated dose shall be calculated using the

following equation:

RAD= 1 x 0.00001

 q1*

Where: RAD = Risk associated dose in

milligrams toxicant per

kilogram body weight

per day (mg/kg−d).

0.00001 = Incremental risk of

human cancer equal to

one in 100,000.

q1* = Upper 95% confidence

limit (one−sided) of the

carcinogenic potency

factor in days per milligram toxicant per kilogram body weight

(d−kg/mg) as derived

from the procedures referenced in subd. 1. and

the guidance presented

in subd. 3.

3. The department shall adhere to the following guidance for

deriving carcinogenic potency factors, or corresponding values if

an alternate dose−response relationship or extrapolation model is

used, unless more appropriate procedures are supported by credible scientific evidence:

a. If 2 or more mammalian studies are judged acceptable, but

vary in either species, strain or sex of the test animals, or in tumor

type or site, the study giving the greatest carcinogenic potency

factor shall be used. Studies which produce a spuriously high carcinogenic potency factor due to the use of a small number of test

animals may be excluded.

b. If 2 or more mammalian studies are judged acceptable, are

comparable in size and are identical in regard to species, strain and

sex of the test animals and to tumor sites, the geometric mean of

the carcinogenic potency factors derived from each study shall be

used.

c. If in an acceptable study, tumors were induced at more than

one site, the number of animals with tumors at one or more of the

sites shall be used as incidence data when deriving the cancer

potency factor.
NR 105.09 WISCONSIN ADMINISTRATIVE CODE 54

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

Register, November, 2008, No. 635

d. The combination of benign and malignant tumors shall be

used as incidence data when deriving the cancer potency factor.

e. Calculation of an equivalent dose between animal species

and humans using a surface area conversion, and conversion of

units of exposure to milligrams of toxicant per day (mg/d) shall be

performed as specified by the U.S. environmental protection

agency in “Water Quality Criteria Documents; Availability” (45

FR 79318, November 28, 1980).

f. If the duration of the mammalian study (D) is less than the

natural life span of the test animal (LS), the carcinogenicity

potency factor is multiplied by the factor (D/LS)3.

4. When available mammalian studies contain conflicting

information, the department shall consult with the department of

health and social services and may consult with experts outside of

the department for guidance in the selection of the appropriate

study.

(d) If both a human epidemiologic study and a study of mammalian test species are judged reliable but only the animal study

indicates a carcinogenic effect, it is assumed that a risk of cancer

to humans exists but that it is less than could have been detected

in the epidemiologic study. An upper limit of cancer incidence

may be calculated assuming that the true incidence is just below

the level of detection in the cohort of the epidemiologic study. The

department may consult with experts outside of the department for

guidance in the selection of the appropriate study.

History: Cr. Register, February, 1989, No. 398, eff. 3−1−89; am. table 9 and (6),

Register, July, 1991, No. 427, eff. 8−1−91; correction in (4) (b) made under s. 13.93

(2m) (b) 7., Stats., Register, September, 1995, No. 477; am. (1), (3), r. and recr. Table

9, am. (4) (a), (b), (5) (intro.), (a) (b), (c) (intro.) and 2., r. (6), Register, August, 1997,

No. 500, eff. 9−1−97; CR 03−050: am. Table 9 Register February 2004 No. 578, eff.

3−1−04; CR 07−110: am. Table 9 Register November 2008 No. 635, eff. 12−1−08.

NR 105.10 Bioaccumulation factor. (1) The bioaccumulation factor used to derive wildlife, human threshold, human

cancer and taste and odor criteria or secondary values is determined from a baseline BAF using the methodology provided in

Appendix B to 40 CFR part 132. 40 CFR part 132, Appendix B

as stated on September 1, 1997, is incorporated by reference.

BAFs shall be used to calculate criteria and secondary values for

human health and wildlife. Use of a BAF greater than 1000, as

determined from either of the methods referred to in sub. (2) (c)

or (d) for organic substances, will result in the calculation of a secondary value. The baseline BAF is based on the concentration of

freely dissolved substances in the ambient water to facilitate

extrapolation from one water to another.

(2) Baseline BAFs shall be derived using one of the following

4 methods, which are listed from most preferred to least preferred.

(a) A measured baseline BAF for an organic or inorganic substance derived from a field study of acceptable quality;

(b) A predicted baseline BAF for an organic substance derived

using field−measured BSAFs of acceptable quality;

(c) A predicted baseline BAF for an organic or inorganic substance derived from a BCF measured in a laboratory study of

acceptable quality and a food−chain multiplier. Food−chain multipliers are provided in 40 CFR part 132, Appendix B; or

(d) A predicted baseline BAF for an organic substance derived

from a KOW of acceptable quality and a food−chain multiplier.

(3) REVIEW AND SELECTION OF DATA. Measured BAFs, BSAFs

and BCFs shall meet the quality assurance requirements provided

in 40 CFR part 132, Appendix B and shall be obtained from available sources including the following:

(a) EPA Ambient Water Quality Criteria documents issued

after January 1, 1980.

(b) Published scientific literature.

(c) Reports issued by EPA or other reliable sources.

(d) Unpublished data.

(4) HUMAN HEALTH AND WILDLIFE BAFS FOR ORGANIC SUBSTANCES. (a) To calculate human health and wildlife BAFs for

organic substances, the KOW of the substance shall be used with

a POC concentration of 0.00000004 kg/L and a DOC concentration of 0.000002 kg/L to yield the fraction freely dissolved:

ffd = 1 .

1 + (DOC)(Kow) + (POC)(Kow)

10

= 1 ..

1 + (0.000002 kg/L)(Kow) + (0.00000004 kg/L)(Kow)

10

= 1 .

1 + (0.00000024 kg/L)(Kow)

Where:

DOC = concentration of dissolved organic carbon, kg of dissolved organic carbon/L of water.

POC = concentration of particulate organic carbon, kg of particulate organic carbon/L of water.

(b) The human health BAFs for an organic substance shall be

calculated using the following equations:

For warm water communities:

Human Health BAF = [(baseline BAF)(0.013)+ 1](ffd)

For cold water communities:

Human Health BAF = [(baseline BAF)(0.044)+ 1](ffd)

Where: 0.013 and 0.044 are the fraction lipid values for warm and

cold water fish and aquatic life communities, respectively, that are required to derive human health criteria

and secondary values.

baseline BAF = the baseline BAF calculated according 

to 40 CFR part 132, Appendix B.

(c) The wildlife BAFs for an organic substance shall be calculated using the following equations:

1. For trophic level 3:

 Wildlife BAF = [(baseline BAF)(0.0646)+ 1](ffd)

2. For trophic level 4:

 Wildlife BAF = [(baseline BAF)(0.1031)+ 1](ffd)

Where: 0.0646 and 0.1031 are the standardized fraction lipid values for dietary consumption from trophic level 3 and 4

fish taxa, respectively, that are required to derive wildlife

criteria and secondary values.

baseline BAF = the baseline BAF calculated according 

to 40 CFR part 132, Appendix B.

(5) HUMAN HEALTH AND WILDLIFE BAFS FOR INORGANIC SUBSTANCES. (a) Human health. 1. Measured BAFs and BCFs used

to determine human health BAFs for inorganic substances shall be

based on edible tissue (e.g., muscle) of freshwater fish. If it is demonstrated that whole−body BAFs or BCFs are similar to edible−

tissue BAFs or BCFs, then these data are acceptable. BCFs and

BAFs based on measurements of aquatic plants and invertebrates

may not be used in the derivation of human health criteria and values.

2. If one or more field−measured baseline BAFs for an inorganic substance are available from studies conducted in the Great

Lakes system with the muscle of fish, the geometric mean of the

species mean baseline BAFs shall be used as the human health

BAF for that substance.

3. If an acceptable measured baseline BAF is not available for

an inorganic substance and one or more acceptable edible−portion

BCFs are available for the substance, a predicted baseline BAF

shall be calculated by multiplying the geometric mean of the

BCFs times a 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 substance.
54−1 DEPARTMENT OF NATURAL RESOURCES NR 105.11

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

Register, November, 2008, No. 635

(b) Wildlife. 1. Measured BAFs and BCFs used to determine

wildlife BAFs for inorganic substances shall be based on whole−

body freshwater fish and invertebrate data. If it is demonstrated

that edible−tissue BAFs or BCFs are similar to whole−body BAFs

or BCFs, then these data are acceptable.

2. If one or more field−measured baseline BAFs for an inorganic substance is available from studies conducted in the Great

Lakes system with whole body of fish or invertebrates, then the

following apply:

a. For each trophic level, a species mean measured baseline

BAF shall be calculated as the geometric mean if more than one

measured BAF is available for a given species.

b. For each trophic level, the geometric mean of the species

mean measured baseline BAFs shall be used as the wildlife BAF

for that substance.

3. If an acceptable measured baseline BAF is not available for

an inorganic substance and one or more acceptable whole−body

BCFs are available for the substance, a predicted baseline BAF

shall be calculated by multiplying the geometric mean of the

BCFs times a FCM. The FCM shall 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 substance.

Note: Copies of 40 CFR Part 132, Appendix B are available for inspection in the

offices of the department of natural resources, secretary of state and the legislative

reference bureau, Madison, WI or may be purchased from the superintendent of documents, US government printing office, Washington, D.C. 20402.

History: Cr. Register, February, 1989, No. 398, eff. 3−1−89; r. and recr., Register,

August, 1997, No. 500, eff. 9−1−97.

NR 105.11 Final plant values. (1) A Final Plant Value

(FPV) is the lowest plant value that was obtained with an important aquatic plant species in an acceptable toxicity test for which

the concentrations of the test substance were measured and the

adverse effect was biologically important. Appropriate measures

of the toxicity of the substance to aquatic plants are used to

compare the relative sensitivities of aquatic plants and animals.

(2) A plant value is the result of a 96−hour test conducted with

an algae or a chronic test conducted with an aquatic vascular plant.

A test of the toxicity of a metal to a plant may not be used if the

medium contained an excessive amount of a complexing agent,

such as EDTA, that might affect the toxicity of the metal. Concentrations of EDTA above 200 g/L should be considered excessive.

(3) The FPV shall be established by selecting the lowest result

from a test with an important aquatic plant species in which the

concentrations of test material are measured and the endpoint is

biologically important.

Note: Although procedures for conducting and interpreting the results of toxicity tests with plants are not well advanced, results of tests with plants usually indicate that

criteria which adequately protect aquatic animals and their uses will, in most cases,

also protect aquatic plants and their uses. 

History: Cr. Register, August, 1997, No. 500, eff. 9−1−97.