Mich. Admin. Code R. 323.1043

Current through Vol. 24-18, October 15, 2024

Section R. 323.1043 - Definitions; A to L

Rule 43. As used in this part:

(a) "Acceptable daily exposure (ADE)" means an estimate of the maximum daily dose of a substance that is not expected to result in adverse noncancer effects to the general human population, including sensitive subgroups.

(b) "Acceptable wildlife endpoints" means subchronic and chronic endpoints that affect reproductive or developmental success, organismal viability, or growth or any other endpoint that is, or is directly related to, a parameter that influences population dynamics.

(c) "Acute-chronic ratio (ACR)" means a standard measure of the acute toxicity of a material divided by an appropriate measure of the chronic toxicity of the same material under comparable conditions.

(d) "Adverse effect" means any deleterious effect to organisms due to exposure to a substance. The term includes effects that are or may become debilitating, harmful, or toxic to the normal functions of the organism. The term does not include nonharmful effects such as tissue discoloration alone or the induction of enzymes involved in the metabolism of the substance.

(e) "Agriculture use" means a use of water for agricultural purposes, including livestock watering, irrigation, and crop spraying.

(f) "Anadromous salmonids" means trout and salmon that ascend streams to spawn.

(g) "Aquatic maximum value (AMV)" means the highest concentration of a material in the ambient water column to which an aquatic community can be exposed briefly without resulting in unacceptable effects, calculated according to the methodology specified in R 323.1057(2). The AMV is equal to 1/2 of the tier I or tier II final acute value (FAV).

(h) "Baseline bioaccumulation factor" means, for organic chemicals, a BAF that is based on the concentration of freely dissolved chemicals in the ambient water and takes into account the partitioning of the chemical within the organism. For inorganic chemicals, the term means a BAF that is based on the wet weight of the tissue.

(i) "Baseline bioconcentration factor" means, for organic chemicals, a BCF that is based on the concentration of freely dissolved chemicals in the ambient water and takes into account the partitioning of the chemical within the organism. For inorganic chemicals, the term means a BCF that is based on the wet weight of the tissue.

(j) "Bioaccumulation" means the net accumulation of a substance by an organism as a result of uptake from all environmental sources.

(k) "Bioaccumulation factor (BAF)" means the ratio, in liters per kilogram, of a substance's concentration in tissue of an aquatic organism to its concentration in the ambient water where both the organism and its food are exposed and the ratio does not change substantially over time.

(l) "Bioaccumulative chemical of concern (BCC)" means a chemical which, upon entering the surface waters, by itself or as its toxic transformation product, accumulates in aquatic organisms by a human health bioaccumulation factor of more than 1,000 after considering metabolism and other physiochemical properties that might enhance or inhibit bioaccumulation. The human health bioaccumulation factor shall be derived according to R 323.1057(5). Chemicals with half-lives of less than 8 weeks in the water column, sediment, and biota are not BCCs. The minimum BAF information needed to define an organic chemical as a BCC is either a field-measured BAF or a BAF derived using the biota-sediment accumulation factor (BSAF) methodology.The minimum BAF information needed to define an inorganic chemical as a BCC, including an organometal, is either a field-measured BAF or a laboratory-measured bioconcentration factor (BCF). The BCCs to which these rules apply are identified in table 5 of R 323.1057.

(m) "Bioconcentration" means the net accumulation of a substance by an aquatic organism as a result of uptake directly from the ambient water through gill membranes or other external body surfaces.

(n) "Bioconcentration factor (BCF)" means the ratio, in liters per kilogram, of a substance's concentration in tissue of an aquatic organism to its concentration in the ambient water in situations where the organism is exposed through the water only and the ratio does not change substantially over time.

(o) "Biota-sediment accumulation factor (BSAF)" means the ratio, in kilograms of organic carbon per kilogram of lipid, of a substance's lipid-normalized concentration in tissue of an aquatic organism to its organic carbon-normalized concentration in surface sediment in situations where the ratio does not change substantially over time, both the organism and its food are exposed, and the surface sediment is representative of average surface sediment in the vicinity of the organism.

(p) "Carcinogen" means a substance which causes an increased incidence of benign or malignant neoplasms in animals or humans or that substantially decreases the time in which neoplasms develop in animals or humans.

(q) "Chronic effect" means an adverse effect that is measured by assessing an acceptable endpoint and results from continual exposure over several generations or at least over a significant part of the test species' projected life span or life stage.

(r) "Coldwater fishery use" means the ability of a waterbody to support a balanced, integrated, adaptive community of fish species which thrive in relatively cold water, generally including any of the following:

(i) Trout.

(ii) Salmon.

(iii) Whitefish.

(iv) Cisco.

(s) "Connecting waters" means any of the following:

(i) The St. Marys river.

(ii) The Keweenaw waterway.

(iii) The Detroit river.

(iv) The St. Clair river.

(v) Lake St. Clair.

(t) "Control document" means any authorization issued by the department to any source of pollutants to surface waters of the state that specifies conditions under which the source is allowed to operate.

(u) "Conversion factor" means the decimal fraction of a metal corresponding to an estimate of the percent total recoverable metal that was dissolved in the aquatic toxicity tests that were most important in the derivation of the tier I or tier II aquatic life value for that metal.

(v) "Department" means the director of the Michigan department of environmental quality or his or her designee to whom the director delegates a power or duty by written instrument.

(w) "Depuration" means the loss of a substance from an organism as a result of any active or passive process.

(x) "Designated use" means those uses of the surface waters of the state as established by R 323.1100 whether or not they are being attained.

(y) "Discharge-induced mixing" means the mixing of a discharge and receiving water that occurs due to discharge momentum and buoyancy up to the point where mixing is controlled by ambient turbulence.

(z) "Dissolved oxygen" means the amount of oxygen dissolved in water and is commonly expressed as a concentration in terms of milligrams per liter.

(aa) "Dissolved solids" means the amount of materials dissolved in water and is commonly expressed as a concentration in terms of milligrams per liter.

(bb) "EC50" means a statistically or graphically estimated concentration that is expected to cause 1 or more specified effects in 50% of a group of organisms under specified conditions.

(cc) "Effluent" means a wastewater discharge from a point source to the surface waters of the state.

(dd) "Endangered species act (ESA)" means the endangered species act of 1973, as amended, 16 U.S.C. §1531 et seq.

(ee) "Endangered or threatened species" means Michigan species that have been identified as endangered or threatened pursuant to section 4 of the endangered species act and listed in 50 C.F.R. §17 (2000).

(ff) "Fecal coliform" means a type of coliform bacteria found in the intestinal tract of humans and other warm-blooded animals.

(gg) "Final acute value (FAV)" means the level of a chemical or mixture of chemicals that does not allow the mortality or other specified response of aquatic organisms to exceed 50% when exposed for 96 hours, except where a shorter time period is appropriate for certain species. The FAV shall be calculated under R 323.1057(2) if appropriate for the chemical.

(hh) "Final chronic value (FCV)" means the level of a substance or a mixture of substances that does not allow injurious or debilitating effects in an aquatic organism resulting from repeated long-term exposure to a substance relative to the organism's lifespan, calculated using the methodology specified in R 323.1057(2).

(ii) "Fish consumption use" means the ability of a surface water of the state to provide a fishery for human consumption that is consistent with the level of protection provided by these rules.

(jj) "Food chain multiplier (FCM)" means the ratio of a BAF to an appropriate BCF.

(kk) "Harmonic mean flow" means the number of daily flow measurements divided by the sum of the reciprocals of the flows.

(ll) "Human cancer value (HCV)" means the maximum ambient water concentration of a substance at which a lifetime of exposure from either drinking the water, consuming fish from the water, and conducting water-related recreation activities or consuming fish from the water and conducting water-related recreation activities will represent a plausible upper bound risk of contracting cancer of 1 in 100,000 using the exposure assumptions and methodology specified in R 323.1057(4).

(mm) "Human noncancer value (HNV)" means the maximum ambient water concentration of a substance at which adverse noncancer effects are not likely to occur in the human population from lifetime exposure through either drinking the water, consuming fish from the water, and conducting water-related recreation activities or consuming fish from the water and conducting water-related recreation activities, using the exposure assumptions and methodology specified in R 323.1057(4).

(nn) "Industrial water supply" means a water source intended for use in commercial or industrial applications or for noncontact food processing.

(oo) "Inland lake" means a surface water of the state that is an inland body of standing water situated in a topographic depression other than an artificial agricultural pond that is less than 1 acre, unless otherwise determined by the department. The department may designate a dammed river channel or an impoundment as an inland lake based on aquatic resources to be protected.

(pp) "Keweenaw waterway" means the entire Keweenaw waterway, including Portage lake, Houghton county.

(qq) "Lake Superior basin-bioaccumulative substances of immediate concern (LSB-BSIC)" means substances identified in the September 1991 binational program to restore and protect the Lake Superior basin, including all of the following:

(i) 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD).

(ii) Octachlorostyrene.

(iii) Hexachlorobenzene.

(iv) Chlordane.

(v) Dichloro-diphenyl-trichloroethane (DDT) and metabolites.

(vi) Dieldrin.

(vii) Toxaphene.

(viii) Polychlorinated biphenyls (PCBs).

(ix) Mercury.

(rr) "LC50" means a statistically or graphically estimated concentration that is expected to be lethal to 50% of a group of organisms under specified conditions.

(ss) "Linearized multistage model" means a conservative mathematical model for cancer risk assessment. The model fits linear dose-response curves to low doses. The model is consistent with a no-threshold model of carcinogenesis.

(tt) "Loading capacity" means the greatest amount of pollutant loading that a water can receive without violating water quality standards.

(uu) "Lowest observed adverse effect level (LOAEL)" means the lowest tested dose or concentration of a substance that results in an observed adverse effect in exposed test organisms when all higher doses or concentrations result in the same or more severe effects.

(vv) "Lotic" means surface waters of the state that exhibit flow.

Mich. Admin. Code R. 323.1043

1979 AC; 1984 AACS; 1986 AACS; 1994 AACS; 1997 AACS; 1999 AACS;2006 AACS