§ 16.61. Special provisions for the Great Lakes System.

 (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)), except that fish consumption is 15 grams per day. If 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, 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)  Criteria for Great Lakes System. Human health and aquatic life criteria for the Great Lakes System are contained in the following table. For any pollutant not listed in the table, criteria to protect existing and designated uses will be developed by the Department as needed in accordance with this section.

GREAT LAKES AQUATIC LIFE AND HUMAN HEALTH CRITERIA

   (5)  Wildlife criteria. Wildlife criteria will be developed for the BCCs in the Great Lakes System using methodologies contained in the Great Lakes guidance in 40 CFR Part 132, Appendix D (relating to Great Lakes Water Quality Initiative methodology for the development of wildlife criteria). The wildlife criteria are contained in the following table:

GREAT LAKES WILDLIFE CRITERIA TABLE

   (6)  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 in 40 FR 15366 (March 23, 1995), as updated and amended.

   The provisions of this §  16.61 adopted December 26, 1997, effective December 27, 1997, 27 Pa.B. 6817; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6111; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1223; corrected March 25, 2005, effective March 7, 1998, 35 Pa.B. 1890. Immediately preceding text appears at serial pages (271875) to (271879).

   This section cited in 25 Pa. Code §  16.32 (relating to threshold level toxic effects); 25 Pa. Code §  16.33 (relating to nonthreshold effects (cancer)); and 25 Pa. Code §  16.51 (relating to human health and aquatic life criteria).