(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).
(c)
Minimum protections. The Department will follow guidance that
is as protective as the final water quality guidance for the Great Lakes System
at 40 FR
15366 (March 23, 1995), as updated and amended.