Setting Ambient Water Quality Standards: New York State's Nonlinear Approach for Carcinogens

The New York State Department of Environmental Conservation promulgates ambient water quality standards to protect sources of potable water from contamination by toxic chemicals and other substances. Ambient water quality standards are a state program with U.S. EPA oversight, including a federal Clean Water Act requirement for "triennial review." New York's standards are derived according to procedures in state regulation and in conjunction with the New York Slate Department of Health. Because standards are set at levels much below those that demonstrate effects in laboratory studies, high-to-low dose extrapolations are required. The procedures address both carcinogenic and noncarcinogenic effects. Existing regulations essentially require a linear high-to-low dose extrapolation for carcinogenic effects of a chemical (i.e., there is a finite risk at all doses above zero dose). The regulations also require a nonlinear high-to-low dose extrapolation for the noncarcinogenic effects (uncertainty factor approach) of the chemical (i.e., once below the threshold for the effect, the risk at all doses above zero is zero). New York's ongoing triennial review is addressing both standards and standard-setting procedures. Proposed revisions to the procedures, yet to be formally adopted, would allow greater flexibility and use of a nonlinear uncertainty-factor-based approach for carcinogenic effects of chemicals where warranted. The presentation will focus on the expected revisions to the procedures for carcinogenic effects.