Section 105.07. Wildlife criteria.

 

(1)  The wildlife criterion is the concentration of a substance which if not exceeded protects Wisconsin's wildlife from adverse effects resulting from ingestion of surface waters of the state and from ingestion of aquatic organisms taken from surface waters of the state.

(a) For any substance not shown in Table 7, the wildlife criterion (WC) is the lower of the available mammalian or avian wildlife values (WVs) calculated pursuant to sub. (2) . A wildlife criterion protective of Wisconsin's reptile fauna may be calculated pursuant to sub. (2) whenever data specific to reptiles are available.

(b) Table 7 contains the wildlife criteria calculated according to the procedures of this chapter. - See PDF for table

(2)  

(a) Mammalian and avian wildlife values shall be calculated as follows using information available from scientifically acceptable studies of animal species exposed repeatedly to the substance via oral routes including gavage:

WV = NOAEL x Wt A x SSF

  W + S [F TLi x BAF TLi ] - See PDF for table

(b) The selection of the species sensitivity factor (SSF) shall be based on the available toxicological data base and available physicochemical and toxicokinetic properties of the substance and the amount and quality of available data.

(c) The bald eagle, kingfisher, herring gull, mink and otter are representative of avian and mammalian species to be protected by wildlife criteria. A NOAEL specific to each taxonomic class is used to calculate WVs for each of the 5 representative species. The avian WV is the geometric mean of the WVs calculated for the 3 representative avian species. The mammalian WV is the geometric mean of the WVs calculated for the 2 representative mammalian species.

(d) In those cases in which more than one NOAEL is available, the following shall apply:

1. If more than one NOAEL is available within a taxonomic class, based on the same endpoint of toxicity, the NOAEL from the most sensitive species shall be used.

2. If more than one NOAEL is available for a given species, based on the same enpoint of toxicity, the NOAEL for that species shall be calculated using the geometric mean of those NOAELs.

(e) Because wildlife consume fish from both trophic levels 3 and 4, baseline BAFs shall be available for both trophic levels 3 and 4 to calculate either a criterion or secondary value for a chemical. When appropriate, ingestion through consumption of invertebrates, plants, mammals and birds in the diet of wildlife species to be protected shall be included.

(3)  In those cases in which a no observed adverse effect level (NOAEL) is available from studies of mammalian or avian species exposed repeatedly to the substance via oral routes including gavage, but is available in units other than mg/kg-d as specified in sub. (2) , the following procedures shall be used to express the NOAEL prior to calculating the wildlife value:

(a) If the NOAEL is given in milligrams of toxicant per liter of water consumed (mg/L), the NOAEL shall be multiplied by the daily average volume of water consumed by the test animals in liters per day (L/d) and divided by the average weight of the test animals in kilograms (kg).

(b) If the NOAEL is given in milligrams of toxicant per kilogram of food consumed (mg/kg), the NOAEL shall be multiplied by the average amount of food in kilograms consumed daily by the test animals (kg/d) and divided by the average weight of the test animals in kilograms (kg).

(4)  In those cases in which a NOAEL is unavailable and a lowest observed adverse effect level (LOAEL) is available from studies of animal species exposed repeatedly to the substance via oral routes including gavage, the LOAEL may be substituted with proper adjustment to estimate the NOAEL. An uncertainty factor of between one and 10 may be applied to the LOAEL, depending on the sensitivity of the adverse effect, to reduce the LOAEL into the range of a NOAEL. If the LOAEL is available in units other than mg/kg-d, the LOAEL shall be expressed in the same manner as that specified for the NOAEL in sub. (3) .

(5)  In instances where a NOAEL is based on subchronic data, an uncertainty factor may be applied to extrapolate from subchronic to chronic levels. The value of the uncertainty factor may not be less than 0.1 and may not exceed 1.0. This factor is to be used when assessing highly bioaccumulative substances where toxicokinetic considerations suggest that a bioassay of limited length underestimates chronic effects.

(6)  If drinking or feeding rates are not available for representative species, drinking (W) and feeding rates (F TLi ) shall be calculated for representative mammalian or avian species by using the allometric equations given in pars. (a) and (b) .

(a) For mammalian species the allometric equations are as follows: - See PDF for table

(b) For avian species the allometric equations are as follows: - See PDF for table

Cr. Register, February, 1989, No. 398 , eff. 3-1-89; am. table 7, Register, July, 1991, No. 427 , eff. 8-1-91; am. (1), (2) (a), (b), (3) (intro.), (6) (intro.), r. and recr. (2) (c), (5), cr. (2) (d), (e), r. (6) (a), renum. (6) (b) and (c) to be (6) (a) and (b) and am., Register, August, 1997, No. 500 , eff. 9-1-97.

Note

Criteria to protect domestic animals will be considered on an as needed basis using a model that accounts for domestic animal exposure through drinking water. Because domestic animals do not regularly consume aquatic organisms, the wildlife exposure model is not appropriate. Microsoft Windows NT 6.1.7601 Service Pack 1