Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter A - GUIDELINES FOR DEVELOPMENT OF CRITERIA FOR TOXIC SUBSTANCES AND WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES › GREAT LAKES SYSTEM › Section 16.61 - Special provisions for the Great Lakes System

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definitions.
The
						  following words and terms, when used in this section, have the following
						  meanings, unless the context clearly indicates otherwise:
BAF-Bioaccumulation Factor
-The ratio
							 in liters per kilogram of a substance's concentration in tissues of an aquatic
							 organism to its concentration in the ambient water, when both the organism and
							 its food are exposed and the ratio does not change substantially over
							 time.
BCC-Bioaccumulative Chemical of
							 Concern
-A chemical that has the potential to cause adverse effects
							 which, upon entering the surface waters, by itself or its toxic transformation
							 product, accumulates in aquatic organisms by a human health BAF greater than
							 1,000, after considering metabolism and other physiochemical properties that
							 might enhance or inhibit bioaccumulation, under the methodology in
							 40 CFR Part
							 132 Appendix B (relating to Great Lakes Water
							 Quality Initiative). Current BCCs are listed in
							 40 CFR
							 132.6, Table 6 (relating to pollutants of
							 initial focus in the Great Lakes Water Quality Initiative).
Great Lakes System
-The streams,
							 rivers, lakes and other bodies of surface water within the drainage basin of
							 the Great Lakes in this Commonwealth.
(b)
Water quality criteria for the
						  Great Lakes System.
(1)
Aquatic life criteria.
Aquatic life criteria for toxic
						  substances in the Great Lakes System will be developed under the methodologies
						  in §
														16.22 (relating to criteria
						  development) to the extent they are consistent with 40 CFR Part 132 , Appendix
						  A (relating to Great Lakes Water Quality Initiative methodologies for
						  developments of aquatic life values). If there are insufficient data to develop
						  aquatic life criteria for a toxic substance identified in a discharge into
						  these waters, the Department will develop or require a discharger to develop,
						  subject to Department approval, protective aquatic life values using the
						  methodologies in 40 CFR Part 132, Appendix A and guidance issued by the
						  Department. For non-BCCs, WETT may be used in lieu of Tier II values to
						  determine aquatic toxicity.
(2)
Human health criteria.
Human health criteria for the Great
						  Lakes System will be developed using the methods in §§
														16.32 and
						  16.33 (relating to threshold level
						  toxic effects; and nonthreshold effects (cancer)). If criteria for a substance
						  is not available in Chapter 93 Tables 5 or 6, and there are insufficient data
						  to develop human health threshold criteria for a toxic substance identified in
						  a discharge into these waters, the Department will develop, or require the
						  discharger to develop, subject to Department approval, protective human health
						  values using the methodologies in 40 CFR Part 132, Appendix C, Section III, as
						  it relates to Tier II values, in accordance with exposure inputs at
						  §§
														16.32 and
						  16.33, and guidance issued by the
						  Department.
(3)
BAFs.
Human health criteria for BCCs will be developed under
						  the methodologies in 40 CFR Part 132, Appendix B relating to bioaccumulation
						  factors, and will be listed by the EPA in the GLI Clearinghouse. Because
						  substances other than BCCs (Non-BCCs) bioaccumulate to a much lesser degree,
						  BAFs for Non-BCCs are similar to bioconcentration factors (BCFs). Field
						  measured BAFs, or BAFs equal to BCFs will be used for the development of
						  non-BCC criteria in the Great Lakes.
(4)
Additional requirements.
Additivity of toxic effects for chlorinated dibenzo-p-dioxins and chlorinated
						  dibenzofurans will be accounted for under 40 CFR Part 132 , Appendix F,
						  Procedure 4 (relating to Great Lakes Water Quality Initiative implementation
						  procedures).