Wis. Admin. Code Department of Natural Resources NR 105.09

Current through August 26, 2024

Section 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.	Acrylonitrile	0.57	0.45	4.6	1.5	130
2.	Arsenic	0.2	0.2	13.3	13.3	40
3.	*alpha-BHC	0.012	0.0037	0.013	0.0039	11
4.	*gamma-BHC (lindane)	0.052	0.018	0.064	0.019	54
5.	*BHC, technical grade	0.038	0.013	0.047	0.014	39
6.	Benzene2	5	5	140	45	1300
7.	Benzidine (ng/L)	1.5	1.5	81	55	300
8.	Beryllium	0.054	0.054	0.33	0.33	16
9.	Bis(2-chloroethyl) ether	0.31	0.29	7.6	3.0	64
10.	Bis(chloromethyl) ether (ng/L)	1.6	1.6	96	79	320
11.	Carbon tetrachloride	2.5	2.1	29	9.5	540
12.	*Chlordane (ng/L)	0.41	0.12	0.41	0.12	54000
13.	Chloroethene (vinyl chloride)	0.18	0.18	10	6.8	37
14.	Chloroform (trichloromethane)	55	53	1960	922	11200
15.	*4,4'-DDT (ng/L)	0.22	0.065	0.22	0.065	206000
16.	1,4-Dichlorobenzene	14	12	163	54	2940
17.	3,3'-Dichlorobenzidine	0.5	0.3	1.3	0.4	140
18.	1,3-Dichloropropene	3.4	3.4	173	108	700
19.	1,2-Dichloroethane	3.8	3.8	217	159	770
20.	Dichloromethane2 (methylene chloride)	5	5	2700	2100	9600
21.	*Dieldrin (ng/L)	0.0091	0.0027	0.0091	0.0027	4400
22.	2,4-Dinitrotoluene	0.51	0.48	13	5.3	110
23.	1,2-Diphenylhydrazine	0.38	0.31	3.3	1.04	88
24.	Halomethanes3	55	53	1960	922	11200
25.	*Hexachlorobenzene (ng/L)	0.73	0.22	0.73	0.22	44000
26.	*Hexachlorobutadiene	0.59	0.19	0.69	0.2	910
27.	Hexachloroethane	7.7	2.9	11	3.3	5000
28.	N-Nitrosodiethylamine (ng/L)	2.3	2.3	150	140	460
29.	N-Nitrosodimethylamine	0.0068	0.0068	0.46	0.46	1.4
30.	N-Nitrosodi-n-butylamine	0.063	0.062	2.5	1.3	13
31.	N-Nitrosodiphenylamine	44	23	116	34	13000
32.	N-Nitrosopyrrolidine	0.17	0.17	11	11	34
33.	*Polychlorinated biphenyls (ng/L)	0.01	0.003	0.01	0.003	9100
34.	*2,3,7,8-Tetrachlorodibenzo-p-dioxin (pg/L)	0.014	0.0041	0.014	0.0041	930
35.	1,1,2,2-Tetrachloroethane	1.7	1.6	52	22	350
36.	Tetrachloroethene2	5.0	4.6	46	15	1300
37.	*Toxaphene (ng/L)	0.11	0.034	0.14	0.034	63600
38.	1,1,2-Trichloroethane2	5.0	5.0	195	87	1200
39.	Trichloroethene2	5	5	539	194	6400
40.	2,4,6-Trichlorophenol	29	24	300	97	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.

(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 / W_H + (F_H x BAF)

Where: HCC = Human cancer criterion in milligrams per liter (mg/L).

RAD = Risk associated dose in milli- grams 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).

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 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.

F_H = Average per capita daily con- sumption 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.

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 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.

Wis. Admin. Code Department of Natural Resources NR 105.09

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; CR 09-123: am. Table 9 Register July 2010 No. 655, eff. 8-1-10.

Amended by, correction in (5) (c) 4. made under s. 13.92 (4) (b) 6, Stats., Register April 2023 No. 808, eff. 5/1/2023