Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3

Affected: IC 13-18-4; IC 13-30-2-1

Sec. 6. (a) A bioaccumulative chemical of concern (BCC) is any chemical that meets the following requirements:

1. (1) Has the potential to cause adverse effects.
2. (2) Has a half-life of at least eight (8) weeks in the water column, sediment, and biota.

3. (3) Upon entering the surface waters, by itself or as its toxic transformation product, accumulates in aquatic organisms by a human health bioaccumulation factor (BAF) greater than one thousand (1,000) after considering metabolism and other physicochemical properties that might enhance or inhibit bioaccumulation, in accordance with the procedure in section 13 of this rule. The minimum BAF information needed to define a chemical as a BCC is either of the following:

   1. (A) For an organic chemical, either a field-measured BAF or a BAF derived using the BSAF methodology.
   2. (B) For an inorganic chemical, including an organometal, either a field-measured BAF or a laboratory-measured BCF.

(b) Pollutants that are BCCs include, but are not limited to, the following:

(c) The substances established in this subsection shall be treated as BCCs under 327 IAC 2-1.3, this rule, and 327 IAC 5-2-11.4 through 327 IAC 5-2-11.6. If additional data becomes available (such as a field-measured BAF) for a substance established in this subsection that conclusively demonstrates that the substance should not be treated as a BCC, the commissioner may determine that it is not necessary to treat the substance as a BCC. Substances treated as BCCs include the following:

(Water Pollution Control Division; 327 IAC 2-1.5-6; filed Jan 14, 1997, 12:00 p.m.: 20 IR 1370; errata filed Aug 11, 1997, 4:15 p.m.: 20 IR 3376; filed Feb 14, 2005, 10:05 a.m.: 28 IR 2074; filed May 29, 2012, 3:19 p.m.: 20120627-IR-327080764FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)