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NJ adopted criteria for Lead

Aquatic life criteria for lead are calculated using the National species list and

updated toxicity data reviewed and accepted by USEPA (Great Lakes Water Quality

Initiative, 1991). Criteria for lead as promulgated by USEPA through the National

Toxics Rule (40 CFR 131; 57 Fed. Reg. 60848; December 22, 1992) are hardness

dependent. However, an analysis performed by Dr. Thomas Fikslin of the Delaware

River Basin Commission (DRBC) did not show a correlation between freshwater lead

toxicity and hardness. According to the USEPA Guidelines (Guidelines for Deriving

Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and

Their Uses. NTIS PB85-227049), data from different species showing correlation

between toxicity and hardness should be normalized and treated as if they were all from

one species, and a least squares regression should be performed. If all the normalized

data are plotted, the line of best fit should go through the point 1,1 in the center of the

graph. However, plotting the normalized data for lead that was used by USEPA in the

304(a) criteria document, Ambient Water Quality Criteria for lead-1984, does not

produce a line of best fit that goes through the point 1,1; instead, it goes through 1 and

1.273. Therefore, the Department agrees with the DRBC's determination as

documented in the 'Results of Regression Analysis for the Data Used to Derive the

Water Quality Criteria for Lead, 1995', that there is no correlation between toxicity and

hardness among the data used by USEPA to calculate a hardness-dependent slope

value for lead. Therefore, based on the best available scientific information, the

Department is proposing that the freshwater criteria for lead be calculated as nonhardness dependent criteria.

Freshwater acute criterion:

Freshwater acute toxicity data for lead are available for nine invertebrate species

and six fish species (Table A). In addition to acceptable toxicity data used by the

USEPA in the 304(a) criteria document, data are also available for C . pseudogracilus

(Martin & Holdich, 1986), C. reticulata, D. magna, and D. pulex (Elnabarawy, et al.
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1986), and C. dubia and P. promelas (Spehar & Fiandt, 1986). These additional data

have been reviewed and accepted by the USEPA (Great Lakes Water Quality Initiative,

1991). From the 15 species mean acute values (SMAVs) available, 13 genus mean

acute values (GMAVs) are developed and the four most sensitive GMAVs are used to

calculate the Final Acute Value (FAV) of 105 μg/L. An FAV is designed to protect 50%

of the aquatic population. The FAV is then divided by two to protect more than 50% of

the aquatic population based on USEPA guidance (Guidelines for Deriving Numerical

National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses.

NTIS PB85-227049) to derive the CMC of 53 μg/L. The Department is proposing a

dissolved freshwater acute criterion of 38 (WER) μg/L for lead using the DRBC

recalculated conversion factor of 0.723 as listed in the 'Revised Procedure for

Converting Total Recoverable Criteria to Dissolved Criteria'. DRBC, 1995 and by

multiplying the criterion by a default water effects ratio (WER) of one as recommended

by USEPA.
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Table A. Ranked Freshwater Acute GMAVs for Lead

SMAV GMAV Species

mg/L mg/L

Rank

Tanytarsus dissimilis 224000 224000 13

Lepomis macrochirus 102565 102565 12

Carassius auratus 31500 31500 11

Crangonyx pseudogracilis 27600 27600 10

Poecilla reticulata 20600 20600 9

Salvelinus fontinalis 4100 4100 8

Orconectes limosus 3300 3300 7

Oncorhynchus mykiss 3060 3060 6

Pimephales promelas 2100 2100 5

Daphnia magna 1192

Daphnia pulex 2003

1545 4

Aplexa hypnorum 1340 1340 3

Ceriodaphnia reticulata 1878

Ceriodaphnia dubia 248

682 2

Gammarus pseudolimnaeus 132 132 1

Final Acute Value = 105 μg/L

CMC = FAV / 2 = 105 / 2 = 53 μg/L

Dissolved CMC = CMC x CF

 = 53 x 0.723 = 38

Dissolved CMC = 38 μg/L

Freshwater chronic criterion:

Freshwater chronic toxicity data for lead are available for two invertebrate and

three fish species (Table B). Data is also available for one saltwater invertebrate (M.

bahia). In addition to the freshwater chronic toxicity data used by USEPA in the 1984

304(a) document, data on cladoceron, C. dubia and fathead minnow, P. promelas
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(Spehar & Fiandt, 1986) are also included in the calculation. This data was reviewed

and accepted by the USEPA (Establishment of numeric criteria for priority toxic

pollutants; States compliance-revision of metals criteria. 40 CFR 131. (60 Fed. Reg.

22229, May 4, 1995.) (also referred to as Interim Final Rule)), for incorporation in

criteria development. A chronic criterion could not be developed using the eight family

distribution method due to insufficient data. However, a chronic criterion could be

developed by the acute chronic ratio (ACR) method. Acute chronic ratios range from

4.8 for C. dubia to 125 for M. bahia, a non-New Jersey species. A geometric mean of

ACRs of the four most acutely sensitive organisms, D. magna, C. dubia, P. promelas,

and O. mykiss resulted in final ACR of 14. Dividing the FAV by the final acute chronic

ratio (FACR) resulted in a chronic value of 7.5 μg/L. Using the DRBC recalculated

conversion factor of 0.723, as listed in the 'Revised Procedure for Converting Total

Recoverable Criteria to Dissolved Criteria'. DRBC, 1995, the final chronic value was

multiplied to obtain a proposed dissolved chronic criterion of 5.4 μg/L using a default

WER of one as recommended by USEPA.

Table B. ACRs for Lead

Species Acute value Chronic value

mg/L mg/L

ACR SMACR

C. dubia 248 52 4.8 4.8

P. promelas 2100 329 6.4 6.4

D. magna 612 12.26 49.92

D. magna 952 118.8 8.013

D. magna 1910 128.1 14.91

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S. fontinalis 4100 83.08 49.35 49

O. mykiss 1170 18.88 61.97 62

M. bahia 3130 25.08 124.8 125

Final ACR = 14

CCC = FAV / ACR

 = 105 / 14 = 7.5 μg/L

Dissolved CCC = 7.5 X 0.723 = 5.4 μg/L
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Saltwater acute criterion:

Acute toxicity data on saltwater species are available for eight invertebrates and

four fish (Table C). Eleven GMAVs are calculated from the available 12 SMAVs. No

acceptable additional data are available to add to the data used by USEPA. The four

most sensitive GMAVs are used to calculate the FAV. The CMC of 220 μg/L is

multiplied by the saltwater conversion factor of 0.951, as included in the USEPA Interim

Final Rule, and a default WER of one as recommended by USEPA to calculate the

proposed New Jersey-specific saline dissolved acute criterion of 210 μg/L.

Table C. Ranked Saltwater Acute GMAVs For Lead

SMAV GMAV Species

mg/L mg/L

Rank

Fundulus heteroclitus 315000 315000 11

Mya arenaria 27000 27000 10

Menidia berylina 3140

Menidia menidia 10000

5603 9

Cyprinodon variegatus 3140 3140 8

Mysidopsis bahia 3130 3130 7

Crassostrea virginica 2450

Crassostrea gigas 758

1363 6

Mercenaria mercenaria 780 780 5

Acartia clausi 668 668 4

Cancer magister 575 575 3

Ampelisca abdita 547 547 2

Mytilus edulis 476 476 1

FAV = 440 μg/L

CMC = FAV / 2 = 440 / 2 = 220 μg/L

Dissolved CMC = CMC x CF

 = 220 x 0.951

Dissolved CMC = 210 μg/L
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Saltwater chronic criterion:

Sufficient data are not available to calculate a saline chronic criterion for lead

using the eight family distribution method. Therefore, the ACR used to calculate the

freshwater chronic criterion was used to calculate a saline chronic criterion. A chronic

criterion of 31 μg/L was calculated by dividing the saltwater acute value by the ACR.

However, a chronic value of 31 μg/L would not be protective of the salt water organisms

because the lowest available chronic value for M. bahia is 25 μg/L. Therefore, the

Department is proposing 25 μg/L as the chronic value to protect this organism.

Multiplying the chronic value with the saltwater conversion factor of 0.951, as included

in the USEPA Interim Final Rule, results in a dissolved proposed chronic criterion of 24 

μg/L with a default WER of one as recommended by USEPA.

Final ACR = 14

CCC = FAV / ACR

 = 440 / 14 = 31 μg/L

Lowest Chronic Value = 25 μg/L

Dissolved CCC = CCC x CF

 = 25 x 0.951

Dissolved CCC = 24 μg/L

Human Health Criteria for PCBs

USEPA Region II has determined that New Jersey’s current human health

criteria for PCBs do not meet the requirements of the National Toxics Rule (NTR) (57

Fed. Reg., 60848; December 22, 1992). The Department is proposing to amend the

human health criteria for PCBs at N.J.A.C. 7:9B-1.14(c)13cv. The proposed

amendment is consistent with USEPA’s criteria for PCBs.
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In developing human health criteria for the current SWQS, the Department

utilized toxicity factors recommended by the New Jersey Drinking Water Quality Institute

(NJDWQI), if available, to achieve consistency among the various water-based

programs within the Department. Because PCBs have been classified by both the

Department and the USEPA as probable human carcinogens, the cancer potency slope

factor of 1.4 (mg/kg-day)-1 recommended by NJDWQI was used in deriving the existing

criteria. Based on the fish tissue bioconcentration factor (BCF) for PCBs from the 1980

USEPA Ambient Water Quality Criteria document, and standard USEPA exposure

scenarios, an FW2 criterion of 0.000244 μg/L and an SC, SE criterion of 0.000247 μg/L

(all at an excess cancer risk level of 10-6) were developed following standard USEPA

criteria development methodology (see NJDEPE, Basis and Background Document for

the 1992 Proposed Revisions to the Surface Water Quality Standards, October 1992).

In 1996, the USEPA developed a new cancer risk assessment for PCBs as

presented in the report entitled "PCBs: Cancer Dose - Response Assessment and

Application to Environmental Mixtures" (EPA 600 /P-96 /001F). Using the new cancer

potency slope factor of 2.0 (mg/kg-day)-1 and the same BCF from the 1980 AWQC

document, following the same established criteria development methodology and using

the same standard exposure scenarios, the USEPA calculated PCBs criteria to be

0.00017 μg/L for waters for either consumption of organisms or consumption of water

and organisms. These criteria, finalized in 1999 for the NTR States, including New

Jersey, are at 10-6 excess cancer risk level and are appropriately expressed in terms of

total PCBs rather than any specific congener (Water Quality Standards; Establishment

of Numeric Criteria for Priority Toxic Pollutants; States' Compliance - Revision of

Polychlorinated Biphenyls (PCBs) Criteria ; Final Rule. 64 Fed. Reg., 61182; November

9, 1999).

The Department has reviewed the Federal regulatory actions and agrees that

USEPA's slope factor reflects more recent toxicity information. Accordingly, the

Department is proposing a human health protection PCBs criteria of 0.00017 μg/L for all

FW2 waters (consumption of water and organisms) and all saline (SE, SC) waters
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(consumption of organisms only) as developed by the USEPA. The criteria are for total

PCBs and are based on the 10-6 or one-in-one-million cancer risk level.