NR 105.04(4m) (4m) The presence of PFOA as defined in s. NR 102.03 (4e), as well as the presence of PFOS as defined in s. NR 102.03 (4m), shall be deemed to have adverse effects on public health and welfare if these substances exceed the public health significance levels in s. NR 102.04 (8) (d) 1.

NR 105.04(5) (5) A substance shall be deemed to have adverse effects or the reasonable potential to have adverse effects on aquatic life, wildlife or human health, if it exceeds a secondary value determined according to the procedures in ss. NR 105.05 to 105.08.

NR 105.04(6) (6) The determination of the criteria or secondary values for substances as calculated under ss. NR 105.05 to 105.09 shall be based upon the available scientific data base. References to be used in obtaining scientific data may include, but are not limited to:

NR 105.04(6)(a) (a) “Water Quality Criteria 1972”, EPA-R3-73-033, National Academy of Sciences, National Academy of Engineering, United States Government Printing Office, Washington, D.C., 1974.

NR 105.04(6)(b) (b) “Quality Criteria for Water”, EPA-440/9-76-003, United States Environmental Protection Agency, Washington, D.C., 1976.

NR 105.04(6)(c) (c) October 1980 and January 1985 U.S. Environmental Protection Agency (EPA) ambient water quality criteria documents.

NR 105.04(6)(d) (d) “Public Health Related Groundwater Standards: Summary of Scientific Support Documentation for NR 140.10”, Wisconsin Department of Health and Social Services, Division of Health, September 1985.

NR 105.04(6)(e) (e) “Public Health Related Groundwater Standards - 1986: Summary of Scientific Support Documentation for NR 140.10”, Wisconsin Department of Health and Social Services, Division of Health, June 1986.

NR 105.04(6)(f) (f) Health advisories published on March 31, 1987 by EPA, Office of Drinking Water.

NR 105.04(6)(g) (g) Any other reports, documents or information published by EPA or any other federal agency.

NR 105.04(6)(h) (h) Any other reports, documents or information that the department, deems to be reliable.

NR 105.04(7) (7) When reviewing any of the references in sub. (6) to determine the effect of a substance, the department:

NR 105.04(7)(a) (a) Shall use scientific studies on the toxicity of a substance to fish and other aquatic life and wild and domestic animals, indigenous to the state;

NR 105.04(7)(b) (b) May use scientific studies on the toxicity of a substance to fish or other aquatic life, plant, mammalian, avian, and reptilian species not indigenous to the state; and

NR 105.04(7)(c) (c) May consider biomonitoring information to determine the aquatic life toxicity of complex mixtures of toxic substances in addition to the chemical specific criteria specified in this chapter.

NR 105.04 History History: Cr. Register, February, 1989, No. 398, eff. 3-1-89; am. (3), renum. (5) and (6) to be (7) and am. (6) (intro.) and (7) (intro.), cr. (5), Register, August, 1997, No. 500, eff. 9-1-97; CR 21-083: cr. (4m) Register July 2022 No.799, eff. 8-1-22.

NR 105.05 NR 105.05 Acute toxicity criteria and secondary acute values for aquatic life.

NR 105.05(1) (1) Minimum database for acute criterion development.

NR 105.05(1)(a) (a) To derive an acute toxicity criterion for aquatic life, the minimum information required shall be the results of acceptable acute toxicity tests with one or more species of freshwater animal in at least 8 different families provided that of the 8 species:

NR 105.05(1)(a)1. 1. At least one is a salmonid fish in the family Salmonidae in the class Osteichthyes,

NR 105.05(1)(a)2. 2. At least one is a non-salmonid fish from another family in the class Osteichthyes, preferably a commercially or recreationally important warmwater species,

NR 105.05(1)(a)3. 3. At least one is a planktonic crustacean (e.g., cladoceran, copepod),

NR 105.05(1)(a)4. 4. At least one is a benthic crustacean (e.g., ostracod, isopod, amphipod, crayfish),

NR 105.05(1)(a)5. 5. At least one is an insect (e.g., mayfly, dragonfly, damselfly, stonefly, caddisfly, mosquito, midge),

NR 105.05(1)(a)6. 6. At least one is a fish or amphibian from a family in the phylum Chordata not already represented in one of the other subdivisions.

NR 105.05(1)(a)7. 7. At least one is an organism from a family in a phylum other than Arthropoda or Chordata (e.g., Rotifera, Annelida, Mollusca), and

NR 105.05(1)(a)8. 8. At least one is an organism from a family in any order of insect or any other phylum not already represented in subds. 1. to 7.

NR 105.05(1)(a)9. 9. If all 8 of the families in subds. 1. to 8. are represented, an acute toxicity criterion may be developed for surface waters classified as cold water using information on all of those families. If an acute toxicity criterion is developed for surface waters classified as cold water, acute toxicity criteria may also be developed for any of the surface water classifications in s. NR 102.04 (3) (b) to (e) using the procedure in sub. (2) or (3) and data on families in subds. 1. to 8. which are representative of the aquatic life communities associated with those classifications. For each substance, in no case may the criterion for a lower quality fish and aquatic life subcategory as defined in s. NR 102.04 be less than the criterion for a higher quality fish and aquatic life subcategory.

NR 105.05(1)(a)10. 10. For a substance, if all of the families in subds. 1. to 8. are not represented, an acute toxicity criterion may not be developed for that substance. Instead, any available data may be used to develop a secondary acute value (SAV) for that substance according to s. NR 105.02 (3) and sub.(4).