Section 327IAC2-1-13. Development of site-specific aquatic life criteria using the recalculation procedure

   (a) The definitions in section 9 of this rule and 327 IAC 2-1.5-2 and the following apply throughout this section:

(1) "Critical species" means a species:

(A) that is commercially or recreationally important at the site;

(B) that occurs at the site and is listed as threatened or endangered under Section 4 of the Endangered Species Act; or

(C) for which there is evidence that the loss of the species from the site is likely to cause an unacceptable impact on:

(i) a commercially or recreationally important species;

(ii) a threatened or endangered species;

(iii) the abundance of a variety of other species; or

(iv) the structure or function of the aquatic community.

(2) "Minimum data requirements" or "MDRs" means the minimum amount of toxicity data required under subsection (c) to develop a valid site-specific aquatic life criterion using the recalculation procedure. The initial MDRs for the recalculation procedure are listed in subsection (c).

  (b) The recalculation procedure is intended to allow site-specific criteria to differ from the aquatic life criteria in this rule and 327 IAC 2-1.5. The site-specific criteria may be allowed if justified by demonstrated pertinent toxicological differences between the aquatic species that occur at the site and those that were used in the derivation of the criteria in this rule or 327 IAC 2-1.5. The recalculation procedure involves the recalculation of water quality criteria for a given site through the modification of the toxicity data set used to originally calculate the criteria. The process of modifying a toxicity data set for this procedure involves one (1) or more of the following steps:

(1) Correction of toxicity data in the criterion’s data set.

(2) Addition of toxicity data to the criterion’s data set.

(3) Deletion of toxicity data in the criterion’s data set.

  (c) Except as provided in subsection (g), the following MDRs must be available to calculate site-specific aquatic life criteria using the recalculation procedure:

(1) Results of acceptable acute or chronic tests with at least one (1) species of freshwater animal in at least eight (8) different families such that all of the following are included:

(A) The family Salmonidae in the class Osteichthyes.

(B) One (1) other family, preferably a commercially or recreationally important, warmwater species, in the class Osteichthyes, for example:

(i) bluegill; or

(ii) channel catfish.

(C) A third family in the phylum Chordata, for example:

(i) fish; or

(ii) amphibian.

(D) A planktonic crustacean, for example, a:

(i) cladoceran; or

(ii) copepod.

(E) A benthic crustacean, for example:

(i) ostracod;

(ii) isopod;

(iii) amphipod; or

(iv) crayfish.

(F) An insect, for example:

(i) mayfly;

(ii) dragonfly;

(iii) damselfly;

(iv) stonefly;

(v) caddisfly;

(vi) mosquito; or

(vii) midge.

(G) A family in a phylum other than Arthropoda or Chordata, for example:

(i) Rotifera;

(ii) Annelida; or

(iii) Mollusca.

(H) A family in any order of insect or any phylum not already represented.

(2) Acute-chronic ratios (ACRs) with at least one (1) species of aquatic animal in at least three (3) different families provided that of the three (3) species at least one (1) is:

(A) a fish;

(B) an invertebrate; and

(C) an acutely sensitive freshwater species.

(3) Results of at least one (1) acceptable test with a freshwater algae or vascular plant is desirable but not required for criterion derivation. If plants are among the aquatic organisms most sensitive to the material, results of a test with a plant in another phylum (division) should also be available.

  (d) If a specific requirement in subsection (c) cannot be satisfied, after deletion of toxicity data described in subsection (e), because that kind of species does not occur at the site, toxicity data from a taxonomically similar sensitive species must be substituted in order to meet the MDRs. The following procedures, listed in order of preference, shall be used to substitute a taxonomically similar species in order to meet the MDRs under subsection (c):

(1) If no species of the kind required occurs at the site, but a species in the same order does, the MDR can only be satisfied by toxicity data for a sensitive species that occurs at the site and is in that order.

(2) If no species in the order occurs at the site, but a sensitive species in the class does, the MDR can only be satisfied by toxicity data for a species that occurs at the site and is in that class.

(3) If no species in the same class occurs at the site, but a species in the phylum does, the MDR can only be satisfied by toxicity data for a sensitive species in that phylum.

(4) If no species in the same phylum occurs at the site, toxicity data from any sensitive species that occurs at the site and is not used to satisfy a different MDR can be used to satisfy the MDR.

  (e) The following procedures in this subsection shall be used to develop the toxicity data set that must be used to recalculate a site-specific aquatic life water quality criterion:

(1) For each criterion to be recalculated that meets the MDRs in subsection (c), the original data set that was used to develop the criterion must first be corrected for any errors. Corrections to the data set involve modifying or removing toxicity data, SMAVs, GMAVs, or ACRs that have been found to be incorrect or in some way inappropriate for inclusion in the criterion’s data set. Only corrections approved by the commissioner may be used.

(2) After corrections to the original data set have been made, additions to the data set must be made according to the following:

(A) Additions to the data set include adding new toxicity data:

(i) for species that have been determined by the commissioner to occur at the site but are not represented by the original data set; and

(ii) developed to meet the MDRs.

(B) Toxicity data added to a criterion’s data set must meet the minimum data quality requirements in 327 IAC 2-1.5-11(c), 327 IAC 2-1.5-11(e)(3) through 2-1.5-11(e)(5), and 327 IAC 2-1.5-11(g) and be approved by the commissioner.

(C) Selective additions to the toxicity data set may not be made. The addition of toxicity data from resistant or insensitive species shall not be allowed. Only the addition of pertinent toxicity data approved by the commissioner shall be included in the calculation of the site-specific criterion.

(3) After corrections and additions to the data set have been made, deletions of toxicity data for species that have been determined by the commissioner not to occur at the site may be made subject to the following:

(A) Comprehensive information on which species occur at the site must be available before deletions from the data set will be permitted.

(B) A species may not be deleted from the data set based on incomplete information on that species.

(C) Acceptable pertinent toxicological data must be available for at least one (1) species in each class of aquatic plants, invertebrates, amphibians, and fish that contains a species that is a critical species at the site.

(D) For each aquatic plant, invertebrate, amphibian, and fish species that occurs at the site and is listed as threatened or endangered under Section 4 of the Endangered Species Act, data must be available or generated for an acceptable surrogate species. Data for each surrogate species must be used as if they are data for species that occur at the site.

(4) To generate the site-specific data set, species shall be deleted from the original data set using the following procedures:

(A) Once corrections and additions have been made to the original data set, species in the data set are grouped taxonomically by:

(i) phylum;

(ii) class;

(iii) order;

(iv) family;

(v) genus; and

(vi) species.

(B) All species that satisfy the definition of occur at the site, including any toxicity data for species that are surrogates of threatened or endangered species that occur at the site, must be included in the final site-specific data set.

(C) Circle each species that satisfies the definition of occur at the site including any surrogates of threatened or endangered species.

(D) The following procedures must be used to determine which of the remaining species from the original toxicity data set must be kept and which must be deleted:

(i) Use the following STEPS to determine which of the remaining species must be deleted and which must not be deleted:

STEP 1. Does the genus occur at the site?

If "No", go to STEP 2.

If "Yes", is there one (1) or more species in the genus that occurs at the site but is not in the data set?

If "No", delete the uncircled species*.

If "Yes", retain the uncircled species*.

STEP 2. Does the family occur at the site?

If "No", go to STEP 3.

If "Yes", is there one (1) or more genera in the family that occurs at the site but is not in the data set?

If "No", delete the uncircled species*.

If "Yes", retain the uncircled species*.

STEP 3. Does the order occur at the site?

If "No", go to STEP 4.

If "Yes", does the data set contain a circled species that is in the same order?

If "No", retain the uncircled species*.

If "Yes", delete the uncircled species*.

STEP 4. Does the class occur at the site?

If "No", go to STEP 5.

If "Yes", does the data set contain a circled species that is in the same class?

If "No", retain the uncircled species*.

If "Yes", delete the uncircled species*.

STEP 5. Does the phylum occur at the site?

If "No", delete the uncircled species*.

If "Yes", does the data set contain a circled species that is in the same phylum?

If "No", retain the uncircled species*.

If "Yes", delete the species*.

* = Continue the deletion process by starting at STEP 1 for any remaining species unless all species in the data set have been considered. The species that are circled and those that are retained constitute the site-specific data set.

(ii) This deletion process must be interpreted to ensure the following:

(AA) Each species that occurs both in the original data set and at the site also occurs in the site-specific data set.

(BB) Each species that occurs at the site but does not occur in the original data set is represented in the site-specific data set by all species in the original data set that are in the same genus.

(CC) Each genus that occurs at the site but does not occur in the original data set is represented in the site-specific data set by all genera in the original data set that are in the same family.

(DD) Each order, class, and phylum that occurs both in the original data set and at the site is represented in the site-specific data set by the one (1) or more species in the original data set that is most closely related to a species that occurs at the site.

(E) After deletion of species that do not occur at the site, if the data remaining in the site-specific data set do not meet the MDRs, additional toxicity testing shall be performed using acceptable procedures.

(F) Chronic tests do not have to be conducted because the original final acute-chronic ratio (FACR) may be used in the derivation of the site-specific final chronic value (FCV). If ACRs are available or are generated so that the chronic MDRs are satisfied using only species that occur at the site, a site-specific FACR may be derived and used in place of the original FACR.

  (f) The following procedures in this subsection must be used to calculate the site-specific final acute value (FAV), the acute aquatic criterion (AAC) or criterion maximum concentration (CMC), and the chronic aquatic criterion (CAC) or criterion continuous concentration (CCC) using the site-specific data set developed using the procedures in subsection (e):

(1) The FAV and AAC or CMC must be calculated using the procedures in this subdivision. If the minimum toxicity data set requirements in subsection (c) are met following addition or deletion of one (1) or more sensitive species representative at the site, the site-specific FAV must be recalculated using all the available representative resident species toxicity data and the following procedures:

(A) For each genus for which one (1) or more species mean acute value (SMAV) is available, calculate a genus mean acute value (GMAV) first.

(B) Arrange in order all GMAVs from high to low.

(C) Assign a rank (R) to the GMAV from "1" for the lowest to "n" for the highest.

(D) Calculate the cumulative probability (P) for each GMAV rank ((R) / (n +1)).

(E) Select the four (4) lowest GMAVs that have cumulative probability closest to five-hundredths (0.05).

(F) Using the selected GMAVs and the cumulative probabilities, calculate the following:

(i)

(ii)

(iii)

(iv)

	Where:	eA	=	natural logarithm (ln) of A
		GMAV	=	genus mean acute value
		S2	=	variance (S = standard deviation)
		P	=	cumulative probability for each GMAV at rank (R)/(n + 1)
		∑	=	summation

(G) If the toxicity data show that acute toxicity for a substance is related to a water characteristic such as hardness, then a final acute equation must be calculated using the procedures in 327 IAC 2-1.5-11(f).

(H) To derive the site-specific AAC or CMC, the site-specific FAV is divided by two (2).

(2) The CAC or CCC shall be calculated using one (1) of the following procedures:

(A) The site-specific FAV will be divided by the FACR calculated as the geometric mean of the ACRs for a toxicant available in the original toxicity data set as well as new ACRs derived from acceptable aquatic toxicity tests. The geometric mean of the ACRs will be calculated from ACRs that do not differ by a factor of ten (10) from all the freshwater aquatic species. This will also include the ACRs from coldwater aquatic organisms even if they were deleted from the original data set as being not representative of the site. The site-specific CAC or CCC shall be calculated as follows:

Site-specific CAC or CCC	=	Site-specific FAV
		FACR

(B) If chronic toxicity data are available for at least eight (8) families as defined in subsection (c), a CAC or CCC can be derived in the same manner as the FAV by substituting:

(i) CAC or CCC for FAV;

(ii) chronic for acute;

(iii) maximum acceptable toxicant concentration for LC₅₀;

(iv) species mean chronic value for SMAV; and

(v) genus mean chronic value for GMAV.

(C) If the toxicity data show that chronic toxicity for a substance is related to a water characteristic such as hardness, then a final chronic equation must be calculated using the procedures in 327 IAC 2-1.5-11(h).

(3) The site-specific FAV must be divided by the geometric mean of the ACRs for a toxicant. The geometric mean of the ACRs will be calculated from ACRs that do not differ by a factor of ten (10) from all the freshwater aquatic species. A minimum of three (3) ACRs must be available from three (3) species in three (3) different families, including a fish, an invertebrate, and an acutely sensitive freshwater species. This will also include the ACRs from coldwater aquatic organisms even if they were deleted from the original toxicity database in the recalculation of a site-specific criterion as not occurring at the site.

(4) The calculated FAV, AAC or CMC, and CAC or CCC must be lowered, if necessary, to:

(A) protect an aquatic plant, invertebrate, amphibian, or fish species that is a critical species at the site; and

(B) ensure that the criterion is not likely to jeopardize the continued existence of any endangered or threatened species listed under Section 4 of the Endangered Species Act or result in the destruction or adverse modification of such species’ critical habitats.

  (g) If the variety of aquatic invertebrates, amphibians, and fish is so limited that species in fewer than eight (8) families occur at the site, the following procedures must be used:

(1) For site-specific criteria that will be applicable outside the Great Lakes System, the following procedures must be used:

(A) Toxicity data must be available for at least one (1) species in each of the families that occurs at the site.

(B) The site-specific FAV shall be set equal to the lowest SMAV for the most sensitive aquatic species that occurs at the site.

(C) To derive the site-specific AAC, the site-specific FAV is divided by two (2).

(D) The site-specific CAC will be obtained as provided by subsection (f)(2) by dividing the site-specific FAV by the geometric mean ACR from all freshwater aquatic species or by a factor of eighteen (18) if no ACR is available from at least one (1) freshwater species.

(2) For site-specific criteria that will be applicable inside the Great Lakes System, Tier II values can be calculated using the site-specific data set developed in subsection (e) and the procedures in 327 IAC 2-1.5-12.

(Water Pollution Control Division; 327 IAC 2-1-13; filed Feb 14, 2005, 10:05 a.m.: 28 IR 2065)