New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY
Part 702 - Derivation and use of Standards and Guidance Values
Section 702.8 - Procedures for deriving standards and guidance values for protection of human health from consumption of fish

Current through Register Vol. 46, No. 39, September 25, 2024

Standards and guidance values for the protection of the best usage of fishing shall protect the health of human consumers of fish and, for Class SA waters, human consumers of shellfish from chemicals that may bioaccumulate and are referred to as Health (Fish Consumption) values.

(a) Standards and guidance values based on bioaccumulation and human consumption of fish shall be equal to the acceptable daily intake from fish consumption divided by a fish consumption rate of 0.033 kilograms per day and by a bioaccumulation factor.

(b) The acceptable daily intake, in micrograms per day, from fish consumption shall be the more stringent of:

(1) 20 percent of the reference dose (for nononcogenic effects) as determined from section 702.5 or 702.7 of this Part; or

(2) the human dose at the standard or guidance value (for oncogenic effects) as determined from section 702.4 or 702.7 of this Part.

(c) The bioaccumulation factor is the ratio of the concentration of a substance in fish flesh, in micrograms per kilogram, to the concentration in water, in micrograms per liter. Bioaccumulation factors will generally be based on measured values which may be supported by bioaccumulation factors derived from octanol/water partition coefficients.

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