Administrative Rules for
PART 201 ENVIRONMENTAL REMEDIATION
of the Natural Resources and Environmental Protection Act 1994 PA 451, as
amended
Rule 738.
(1) A non-threshold mechanism of carcinogenesis
shall be assumed unless biological data adequately demonstrate the existence of
a threshold on a hazardous substance-specific basis.
(2) All appropriate human epidemiologic data,
animal cancer bioassay data, and all other pertinent data shall be considered
and a cancer slope factor developed if the weight of evidence for
carcinogenicity is sufficient. Preferred data are those from studies which use
the same route of exposure addressed by the criteria. However, in the absence of such data,
route-to-route extrapolations may be conducted where appropriate, considering
whether the critical effect is systemic and thus possible for each different
route of exposure. The risk-associated
dose shall be set at a level corresponding to an increased cancer risk of 1 in
100,000. If acceptable human
epidemiologic data are available for a hazardous substance, then those data
shall be used to derive the risk-associated dose. If acceptable human epidemiologic data are
not available, then the risk-associated dose shall be derived from available
animal bioassay data. Data from a
species that is considered most biologically relevant to humans, that is,
responds most like humans, is preferred where all other considerations
regarding quality of data are equal. In
the absence of data to distinguish the most relevant species, data from the
most sensitive species tested, that is the species showing a carcinogenic
effect at the lowest administered dose, shall generally be used.
(3) If animal bioassay data are used and a
non-threshold mechanism of carcinogenicity is assumed, then the data shall be
fitted to a linearized multistage model, for example, a Global '86 or
equivalent computer model. Global '86 is the linearized multistage model that was derived by Howe,
Crump, and Van
Landingham (1986), which
was prepared for the United States environmental protection agency under subcontract
2-251u-2745 to Research Triangle Institute, contract 68-01-6826, and which the United
States environmental protection agency uses to determine
cancer potencies. The upper-bound 95%
confidence limit on risk, or the lower 95% confidence limit on dose, at the 1
in 100,000 risk level shall be used to calculate a risk-associated dose for
individual hazardous substances. Other
models, including modifications or variations of the linearized multistage
model that are more appropriate to the available data may be used where
scientifically justified.
(4) If the duration of the study is significantly
less than the natural lifespan of the test animal, then the slope factor may be
adjusted on a case-by-case basis to compensate for latent tumors that were not
expressed. The lifespan of a rat is
assumed to be 104 weeks and the lifespan of a mouse is assumed to be 90
weeks. If the test animal is a rat and
the study duration is less than 90 weeks, or if the test animal is a mouse and
the study duration is less than 78 weeks, then the slope factor shall be multiplied
by the following factor: the expected lifespan (L) divided by the
study duration (Le ) raised
to the third power, [(L/Le)3].
(5) A species scaling factor shall be used
to account for differences between test species and humans. It shall be assumed that scaling daily
administered doses by body mass raised to the 3/4 power achieves equivalence in
lifetime carcinogenic risk in different mammalian species. To derive a human
slope factor from animal data, the default procedure shall be to multiply the
animal slope factor by the ratio of human to animal body weights raised to the
1/4 power. However, if adequate pharmacokinetic and metabolism studies are
available, then these data may be factored into the adjustment for species
differences on a case-by-case basis.
(6) Additional adjustments shall be made to
the data as appropriate. For some cancer
data sets, it may be appropriate to combine incidences of multiple tumor types
or combine benign and malignant tumors of the same histogenic origin. All doses shall be adjusted to give an
average daily dose over the study duration.
Adjustments shall be made to the tumor incidence for early
mortality. Animals dying before the
appearance of the first tumor within their dose group shall be removed from the
data set. Before quantification of the
dose response, a goodness-of-fit evaluation of the data shall be conducted.
(7) If human epidemiologic data, animal bioassay
data, or other biological data indicate that a chemical causes cancer via a
threshold mechanism, then the risk-associated dose may, on a case-by-case
basis, be calculated using a method that assumes a threshold mechanism is
operative.
(8) Inhalation unit risk factors shall be
calculated in the same manner as cancer risk screening levels for inhalation
risk under part 55 of the act.
These administrative rules are provided as a free
service of the State Bar of Michigan Environmental Law Section. The administrative rules, which were
re-formatted for consistency, are not intended to replace official versions and
are subject to revision and/or repeal. The Environmental Law Section presents this information, without
warranties, express or implied, regarding the accuracy of the information,
timeliness, or completeness. If you believe the information is inaccurate,
out-of-date, or incomplete or if you have problems accessing or reading the information,
please send your concerns to the Section.