Wis. Admin. Code Department of Natural Resources NR 105.08

Current through August 26, 2024

Section 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 x 70 kg x RSC / W_H + (F_Hx 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.

W_H = 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.

F_H = 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.

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. Antimony	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. Cadmium	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 (methylene chloride)	5	5	95,000	72,000	328,000
18. 2,4-Dichlorophenol	74	58	580	180	17,000
19. Dichloropropenes3 (1,3-Dichloropropene)	8.3	8.2	420	260	1,700
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 (2,4-Dinitrophenol)	55	55	2,800	1,800	11,000
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)2	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
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.

(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.

Wis. Admin. Code Department of Natural Resources NR 105.08

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.), 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; CR 09-123: am Table 8 Register July 2010 No. 655, eff. 8-1-10.