Pennsylvania Bulletin

PA Bulletin, Doc. No. 96-2192

NOTICES

Water Quality Toxics Management Strategy (Great Lakes Water Quality Guidance (GLI)); Public Hearing and Proposed Amendments to Statement of Policy

[26 Pa.B. 6220]

   The Department of Environmental Protection is holding a public hearing and soliciting public components on proposed amendments to Chapter 16 (relating to water quality toxics management strategy--statement of policy) to implement the Federal Great Lakes Water Quality Guidance (GLI).

   The public hearing will be held on Wednesday, February 12, 1997, at Erie City Hall, Council Chambers, First Floor, 626 State Street, Erie, Pennsylvania at 10 a.m.

   Pennsylvania's water quality standards, which are set forth in part in 25 Pa. Code Chapter 93, implement the provisions of sections 5 and 402 of The Clean Streams Law and section 303 of the Federal Clean Water Act, 33 U.S.C.A. § 1313. Water quality standards consist of the designated uses of the surface waters of the Commonwealth and the specific numeric and narrative criteria necessary to achieve and maintain those uses. Chapter 16 is a water quality policy for regulating toxic pollutants in wastewater discharges. It sets forth the guidelines for development of criteria for toxic substances, and lists the water quality criteria and the analytical methods and detection limits for toxic substances. Chapter 16 is directly referenced as a support policy document in the Department's toxic substances regulation at section 93.8a.

   The GLI requirements, promulgated at 40 CFR Part 132 on March 23, 1995 (60 Fed. Reg. 15366), provide for consistent protection for fish and shellfish in all waters of the Great Lakes System and for the people and wildlife who consume them. The GLI focuses on long lasting-pollutants called bioaccumulative chemicals of concern (BCCs) that accumulate in the food web of large lakes. The major elements of the GLI are water quality criteria to protect human health, aquatic life and wildlife, methodologies for criteria development, procedures for developing effluent limits for point sources, and antidegradation policies and procedures. States are required to adopt water quality standards, antidegradation policies and implementation procedures ''as protective as'' the GLI.

   Pennsylvania's strategy for complying with the GLI has two major objectives. The first objective is, wherever possible, to provide Statewide consistency, so that unequal requirements are not focused on specific regions of the Commonwealth. The second objective is to provide special protection to the unique resource known as the Great Lakes System in Pennsylvania. To meet these objectives, the Department proposes applying scientifically sound methodologies, from both current practice and as identified in the GLI, Statewide. Exceptions to Statewide procedures are made when the unique character of the Great Lakes System demands special consideration. For example, BCCs pose a particular threat to the Great Lakes because of the long retention of pollutants in the Lakes, which contrasts with the ability of streams to flush out those pollutants via their flow. For this reason, application of procedures for BCCs is different for the Great Lakes than in other waters of the State.

   The Department held a public meeting in Erie on the requirements of the GLI on September 5, 1995. In February 1996, Pennsylvania's proposed strategy was made available on the World Wide Web for public comment. Two meetings were also held on June 5, 1996, one with an ad hoc Great Lakes Technical Committee and the second with the general public, to discuss the proposed strategy. In addition, the Department has met on several occasions with the Water Subcommittee of the Air and Water Quality Technical Advisory Committee (AWQTAC) to discuss the GLI strategy, and has sent representatives to participate in meetings with the Council of Great Lakes Governors Working Group and Technical Subcommittee, which provides a forum for the states to discuss how each is addressing the GLI requirements.

   The Department proposes to incorporate many of the GLI requirements into Chapter 16. These amendments will be supplemented with proposed regulatory changes that will be considered by the Environmental Quality Board early in 1997.

Summary of Amendments

Section Description of Amendments

Statewide:

16.22 Criteria Development (Aquatic life): In general, the current aquatic life criteria development procedures and water quality criteria are not proposed to be changed either Statewide or for the Great Lakes System. The major differences between the Great Lakes procedures and current Pennsylvania procedures, which are the same as established National procedures, are (1) the use of a refined database and (2) no longer using the residue-based values as criteria continuous concentrations (chronic criteria).

   The Department proposes to not use the refined data. EPA has determined that only data specifically approved by EPA may be used for GLI criteria development; and, for the 12 GLI aquatic life criteria, EPA approved a refined database. If no GLI criteria have been developed, there is no refined databank for a chemical at this time. Therefore, criteria developed in the near future would rely on the same dataset that supports the Statewide and National criteria, and the GLI criteria would be the same as the current criteria. Data changes in GLI criteria development are not specific to Great Lakes species; that means the data evaluation would be equally applicable on a National basis. Adopting the GLI criteria for the Great Lakes System would mean using different criteria from the rest of the State with no special protection of the Great Lakes resource. Adopting the GLI criteria Statewide would result in criteria different from National criteria used in neighboring states. The Department believes that if EPA endorses other data than that which supports the National criteria, EPA should amend the National criteria and procedures, and the Department will then evaluate them for Statewide applicability. For most chemicals with GLI criteria, the changes from the National criteria are minor except for nickel, which has GLI criteria about ten times more stringent than the National criteria.

   Likewise, in order to foster Statewide consistency, the Department proposes to not eliminate use of the residue-based criteria. Unlike most GLI procedures, which are more stringent than National procedures, the elimination of this procedure results in a less stringent chronic criterion for mercury, which is a BCC. If EPA believes that this procedure is correct, it should be made part of the National procedures, at which time the Department will evaluate it for Statewide applicability.

   Subsection (4) is updated to reference the use of the current EPA procedures for whole effluent toxicity testing (WETT) at 40 CFR Part 136.

16.23 Sources of Information: The Great Lakes Clearinghouse, which is being planned by EPA to house toxicity data and criteria for toxic substances, is added as a data source to be used in the future for criteria development.

16.32 Threshold level toxic effects: As with aquatic criteria, the Department proposes to generally retain the current procedures and criteria for human health Statewide. The major differences between the current procedures and the GLI procedures are (1) a change from consumption of 6.5 to 15 grams of fish per day; (2) adding an additional modifying factor to account for relative source contribution (RSC provides a reserve to account for other sources of a chemical, while current procedures assume the only source of exposure is water); and (3) use of bioaccumulation factors (see next paragraph). The Department believes EPA should evaluate these procedures for National applicability, and adopt them if it is warranted. The Department would then evaluate them for adoption on a Statewide basis.

   A few changes, described below, are proposed to incorporate the most recent scientific understanding on certain issues. Subsection (b) adds the use of bioaccumulation factors (BAF), which are values that include exposure through ingestion of water and food, in criteria development. The use of BAFs is a change from current procedures which use bioconcentration factors (BCFs) (exposure through ingestion of water only). BCFs are not specifically discussed in the current statement of policy. Use of BAFs may result in more stringent criteria, especially for BCCs, depending on the data available to determine the BAFs. Subsection (d) is updated to add the Great Lakes Clearinghouse.

16.33 Nonthreshold effects (cancer): The current procedures for criteria development generally result in more stringent criteria than the GLI criteria because the GLI allows for a one in 100,000 cancer risk level, while the Pennsylvania regulation at § 93.8a (relating to toxic substances) sets a one in 1,000,000 cancer risk level Statewide. This level of protection is not proposed to be amended either for the Great Lakes System or Statewide. Subsection (j) adds the use of bioaccumulation factors in criteria development for carcinogens.

16.51 Table: The discussion preceding the table is amended to include reference to the new Great Lakes System section.

Great Lakes specific:

NEW 16.61 Water Quality Criteria for the Great Lakes System: This section is added to comply with Federal GLI (40 CFR Part 132). It includes subsections on aquatic life and human health criteria and values, and wildlife criteria.

   Subsection (a) discusses general provisions including the Federal requirement for protection of the Great Lakes System; bioaccumulative chemicals of concern, and the unique character of the Great Lakes System.

   Subsection (b) discusses water quality criteria and methodologies for their development for the Great Lakes System. Paragraph (1) states that aquatic life criteria are developed using the same methods as Statewide criteria and adds a new provision for development of protective values (called Tier II values) in the absence of sufficient data to develop criteria. Paragraph (2) for development of human health criteria and values is similar to (1). For human health criteria in the Great Lakes System, the GLI procedures for BAFs are adopted by reference. The GLI procedures for BAFs are more encompassing than the ones used Statewide. The GLI includes a hierarchy of four methods for determination of BAFs, while Statewide procedures are limited to field measured BAFs or, if those data are not available, the BAF is set equal to the current BCF. This difference in procedures may result in a few criteria more stringent in the Great Lakes than Statewide. The human health criteria for BCCs that have been developed to this time are included in a table in this subsection.

   Paragraph (3) addresses wildlife criteria for BCCs in the Great Lakes System only. The subsection references the GLI and lists the four criteria that have been determined to this time.

   Paragraph (4) is specific to the Great Lakes System for assessing the additivity of chlorinated dioxins and furans. It references the GLI procedure.

Statewide:

Appendix A Table 1 Water Quality Criteria for Toxic Substances: The table is amended to add the numeric criteria for WETT: 1 toxic unit--chronic (TUc) as the criterion continuous concentration and 0.3 toxic unit--acute (TUa) as the criterion maximum concentration.

Contact Persons

   For further information or a copy of the proposed amendments to the statement of policy contact Edward R. Brezina, Chief, Division of Water Quality Assessment and Standards, Bureau of Watershed Protection, P. O. Box 8465, Harrisburg, PA 17105-8465 (express mail: Rachel Carson State Office Building, 400 Market Street, 10th Floor, Harrisburg, PA 17101-2301), (717) 787-7637. Persons with a disability may use the AT&T Relay Service by calling 1-800-654-5984 (TDD users) or 1-800-654-5988 (voice users). The proposal is available electronically through the DEP Web site (http://www//dep.state.pa.us).

   Persons wishing to present testimony at the public hearing are requested to contact Kelly Burch, Chief, Office of Great Lakes, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6816, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf.

   Persons in need of accommodations as provided for in the Americans With Disabilities Act of 1990 should contact Kelly Burch directly or through the Pennsylvania AT&T Relay Service at 1 (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.

   Comments, suggestions or objections regarding the proposed statement of policy should be sent to Edward R. Brezina or may be submitted electronically at RegComments@A1.dep.state.pa.us. A subject heading of the proposal and return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Comments must be received by February 13, 1997 (within 45 days of publication in the Pennsylva-nia Bulletin). Comments submitted by facsimile will not be accepted.

JAMES M. SEIF,
Secretary

[Pa.B. Doc. No. 96-2192. Filed for public inspection December 27, 1996, 9:00 a.m.]

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Section	Description of Amendments
Statewide:
16.22	Criteria Development (Aquatic life): In general, the current aquatic life criteria development procedures and water quality criteria are not proposed to be changed either Statewide or for the Great Lakes System. The major differences between the Great Lakes procedures and current Pennsylvania procedures, which are the same as established National procedures, are (1) the use of a refined database and (2) no longer using the residue-based values as criteria continuous concentrations (chronic criteria).
	The Department proposes to not use the refined data. EPA has determined that only data specifically approved by EPA may be used for GLI criteria development; and, for the 12 GLI aquatic life criteria, EPA approved a refined database. If no GLI criteria have been developed, there is no refined databank for a chemical at this time. Therefore, criteria developed in the near future would rely on the same dataset that supports the Statewide and National criteria, and the GLI criteria would be the same as the current criteria. Data changes in GLI criteria development are not specific to Great Lakes species; that means the data evaluation would be equally applicable on a National basis. Adopting the GLI criteria for the Great Lakes System would mean using different criteria from the rest of the State with no special protection of the Great Lakes resource. Adopting the GLI criteria Statewide would result in criteria different from National criteria used in neighboring states. The Department believes that if EPA endorses other data than that which supports the National criteria, EPA should amend the National criteria and procedures, and the Department will then evaluate them for Statewide applicability. For most chemicals with GLI criteria, the changes from the National criteria are minor except for nickel, which has GLI criteria about ten times more stringent than the National criteria.
	Likewise, in order to foster Statewide consistency, the Department proposes to not eliminate use of the residue-based criteria. Unlike most GLI procedures, which are more stringent than National procedures, the elimination of this procedure results in a less stringent chronic criterion for mercury, which is a BCC. If EPA believes that this procedure is correct, it should be made part of the National procedures, at which time the Department will evaluate it for Statewide applicability.
	Subsection (4) is updated to reference the use of the current EPA procedures for whole effluent toxicity testing (WETT) at 40 CFR Part 136.
16.23	Sources of Information: The Great Lakes Clearinghouse, which is being planned by EPA to house toxicity data and criteria for toxic substances, is added as a data source to be used in the future for criteria development.
16.32	Threshold level toxic effects: As with aquatic criteria, the Department proposes to generally retain the current procedures and criteria for human health Statewide. The major differences between the current procedures and the GLI procedures are (1) a change from consumption of 6.5 to 15 grams of fish per day; (2) adding an additional modifying factor to account for relative source contribution (RSC provides a reserve to account for other sources of a chemical, while current procedures assume the only source of exposure is water); and (3) use of bioaccumulation factors (see next paragraph). The Department believes EPA should evaluate these procedures for National applicability, and adopt them if it is warranted. The Department would then evaluate them for adoption on a Statewide basis.
	A few changes, described below, are proposed to incorporate the most recent scientific understanding on certain issues. Subsection (b) adds the use of bioaccumulation factors (BAF), which are values that include exposure through ingestion of water and food, in criteria development. The use of BAFs is a change from current procedures which use bioconcentration factors (BCFs) (exposure through ingestion of water only). BCFs are not specifically discussed in the current statement of policy. Use of BAFs may result in more stringent criteria, especially for BCCs, depending on the data available to determine the BAFs. Subsection (d) is updated to add the Great Lakes Clearinghouse.
16.33	Nonthreshold effects (cancer): The current procedures for criteria development generally result in more stringent criteria than the GLI criteria because the GLI allows for a one in 100,000 cancer risk level, while the Pennsylvania regulation at § 93.8a (relating to toxic substances) sets a one in 1,000,000 cancer risk level Statewide. This level of protection is not proposed to be amended either for the Great Lakes System or Statewide. Subsection (j) adds the use of bioaccumulation factors in criteria development for carcinogens.
16.51	Table: The discussion preceding the table is amended to include reference to the new Great Lakes System section.
Great Lakes specific:
NEW 16.61	Water Quality Criteria for the Great Lakes System: This section is added to comply with Federal GLI (40 CFR Part 132). It includes subsections on aquatic life and human health criteria and values, and wildlife criteria.
	Subsection (a) discusses general provisions including the Federal requirement for protection of the Great Lakes System; bioaccumulative chemicals of concern, and the unique character of the Great Lakes System.
	Subsection (b) discusses water quality criteria and methodologies for their development for the Great Lakes System. Paragraph (1) states that aquatic life criteria are developed using the same methods as Statewide criteria and adds a new provision for development of protective values (called Tier II values) in the absence of sufficient data to develop criteria. Paragraph (2) for development of human health criteria and values is similar to (1). For human health criteria in the Great Lakes System, the GLI procedures for BAFs are adopted by reference. The GLI procedures for BAFs are more encompassing than the ones used Statewide. The GLI includes a hierarchy of four methods for determination of BAFs, while Statewide procedures are limited to field measured BAFs or, if those data are not available, the BAF is set equal to the current BCF. This difference in procedures may result in a few criteria more stringent in the Great Lakes than Statewide. The human health criteria for BCCs that have been developed to this time are included in a table in this subsection.
	Paragraph (3) addresses wildlife criteria for BCCs in the Great Lakes System only. The subsection references the GLI and lists the four criteria that have been determined to this time.
	Paragraph (4) is specific to the Great Lakes System for assessing the additivity of chlorinated dioxins and furans. It references the GLI procedure.
Statewide:
Appendix A Table 1	Water Quality Criteria for Toxic Substances: The table is amended to add the numeric criteria for WETT: 1 toxic unit--chronic (TUc) as the criterion continuous concentration and 0.3 toxic unit--acute (TUa) as the criterion maximum concentration.