[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1999 Edition]
[From the U.S. Government Printing Office]


          40



          Protection of Environment



[[Page i]]

          PART 790 TO END

                         Revised as of July 1, 1999

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF JULY 1, 1999
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register

[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1999



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328

[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
          Chapter V--Council on Environmental Quality              345
          Chapter VII--Environmental Protection Agency and 
          Department of Defense; Uniform National Discharge 
          Standards for Vessels of the Armed Forces                389
  Finding Aids:
    Material Incorporated by Reference........................     401
    Table of CFR Titles and Chapters..........................     403
    Alphabetical List of Agencies Appearing in the CFR........     421
    Toxic Substances CAS Number--Chemical Index...............     431
    List of CFR Sections Affected.............................     453

[[Page iv]]


      


                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  40 CFR 790.1 refers 
                       to title 40, part 790, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 1999), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.

SALES

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ELECTRONIC SERVICES

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    The Office of the Federal Register also offers a free service on the 
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site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 1999.

[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of twenty-four 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), 
parts 53-59, part 60, parts 61-62, part 63 (63.1-63.1199), part 63 
(63.1200-End), parts 64-71, parts 72-80, parts 81-85, part 86, parts 87-
135, parts 136-149, parts 150-189, parts 190-259, parts 260-265, parts 
266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-789, and 
part 790 to End. The contents of these volumes represent all current 
regulations codified under this title of the CFR as of July 1, 1999.

    Chapter I--Environmental Protection Agency appears in all twenty-
four volumes. A Pesticide Tolerance Commodity/Chemical Index appears in 
parts 150-189. A Toxic Substances Chemical--CAS Number Index appears in 
parts 700-789 and part 790 to End. Redesignation Tables appear in the 
volumes containing parts 50-51, parts 150-189, and parts 700-789. 
Regulations issued by the Council on Environmental Quality appear in the 
volume containing part 790 to End. The OMB control numbers for title 40 
appear in Sec. 9.1 of this chapter.

    For this volume, Linda L. Jones was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page x]]




[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                  (This book contains part 790 to End)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......         790

chapter v--Council on Environmental Quality.................        1500

chapter vii--Environmental Protection Agency and Department 
  of Defense; Uniform National Discharge Standards for 
  Vessels of the Armed Forces...............................        1700

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




  --------------------------------------------------------------------

         SUBCHAPTER R--TOXIC SUBSTANCES CONTROL ACT (CONTINUED)
Part                                                                Page
790             Procedures governing testing consent 
                    agreements and test rules...............           5
791             Data reimbursement..........................          26
792             Good laboratory practice standards..........          33
795             Provisional test guidelines.................          46
796             Chemical fate testing guidelines............          80
797             Environmental effects testing guidelines....         101
798             Health effects testing guidelines...........         140
799             Identification of specific chemical 
                    substance and mixture testing 
                    requirements............................         225


  Editorial Note: Nomenclature changes to Chapter I appear at 57 FR 
28087, June 24, 1992.

[[Page 5]]



         SUBCHAPTER R--TOXIC SUBSTANCES CONTROL ACT (Continued)





PART 790--PROCEDURES GOVERNING TESTING CONSENT AGREEMENTS AND TEST RULES--Table of Contents




                      Subpart A--General Provisions

Sec.
790.1  Scope, purpose, and authority.
790.2  Applicability.
790.3  Definitions.
790.5  Submission of information.
790.7  Confidentiality.

 Subpart B--Procedures for Developing Consent Agreements and Test Rules

790.20  Recommendation and designation of testing candidates by the ITC.
790.22  Procedures for gathering information and negotiating consent 
          agreements on chemicals which the ITC has recommended for 
          testing with an intent to designate.
790.24  Criteria for determining whether a consensus exists concerning 
          the provisions of a draft consent agreement.
790.26  Initiation and completion of rulemaking proceedings on ITC-
          designated chemicals.
790.28  Procedures for developing consent agreements and/or test rules 
          for chemicals that have not been designated or recommended 
          with intent to designate by the ITC.

 Subpart C--Implementation, Enforcement, and Modification of Test Rules

790.40  Promulgation of test rules.
790.42  Persons subject to a test rule.
790.45  Submission of letter of intent to conduct testing or exemption 
          application.
790.48  Procedure if no one submits a letter of intent to conduct 
          testing.
790.50  Submission of study plans.
790.52  Phase II test rule.
790.55  Modification of test standards or schedules during conduct of 
          test.
790.59  Failure to comply with a test rule.

   Subpart D--Implementation, Enforcement and Modification of Consent 
                               Agreements

790.60  Contents of consent agreements.
790.62  Submission of study plans and conduct of testing.
790.65  Failure to comply with a consent agreement.
790.68  Modification of consent agreements.

                  Subpart E--Exemptions From Test Rules

790.80  Submission of exemption applications.
790.82  Content of exemption application.
790.85  Submission of equivalence data.
790.87  Approval of exemption applications.
790.88  Denial of exemption application.
790.90  Appeal of denial of exemption application.
790.93  Termination of conditional exemption.
790.97  Hearing procedures.
790.99  Statement of financial responsibility.

Appendix A to Subpart E--Schedule for Developing Consent Agreements and 
          Test Rules

    Authority: 15 U.S.C. 2603.



                      Subpart A--General Provisions



Sec. 790.1  Scope, purpose, and authority.

    (a) This part establishes procedures for gathering information, 
conducting negotiations, and developing and implementing test rules or 
consent agreements on chemical substances and mixtures under section 4 
of TSCA.
    (b) Section 4 of the Act authorizes EPA to require manufacturers and 
processors of chemical substances and mixtures to test these chemicals 
to determine whether they have adverse health or environmental effects. 
Section 4 (a) empowers the Agency to promulgate rules which require such 
testing. In addition, EPA has implied authority to enter into 
enforceable consent agreements requiring testing where they provide 
procedural safeguards equivalent to those that apply where testing is 
conducted by rule.
    (c) EPA intends to use enforceable consent agreements to accomplish 
testing where a consensus exists among EPA, affected manufacturers and/
or processors, and interested members of the public concerning the need 
for and scope of testing. If such a consensus does not exist and the 
Agency believes that it can make the findings specified in section 4(a), 
EPA will initiate proceedings to promulgate test rules which will be 
codified in part 799 of this chapter.

[[Page 6]]

    (d) Appendix A to this part presents timetables for various steps in 
the evaluation of chemicals under consideration for testing, the 
initiation and completion of negotiations to develop consent agreements, 
and the proposal and promulgation of test rules. All deadlines which are 
imposed by the Act are binding on EPA and will be observed by the 
Agency. The remaining deadlines represent target dates that EPA intends 
to meet.

[51 FR 23712, June 30, 1986]



Sec. 790.2  Applicability.

    This part is applicable to manufacturers and processors of chemical 
substances or mixtures who are subject to the testing requirements of a 
consent agreement or a rule under section 4(a) of the Act. The 
procedures for test rules are applicable to each test rule in part 799 
or this chapter unless otherwise stated in specific test rules in part 
799 of this chapter.

[51 FR 23712, June 30, 1986]



Sec. 790.3  Definitions.

    Terms defined in the Act and not explicitly defined herein are used 
with the meaning given in the Act. For the purpose of this part:
    Act means the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.
    Additive means a chemical substance that is intentionally added to 
another chemical substance to improve its stability or impart some other 
desirable quality.
    Chemical means a chemical substance or mixture.
    Consortium means an association of manufacturers and/or processors 
who have made an agreement to jointly sponsor testing.
    EPA means the U.S. Environmental Protection Agency.
    Equivalence data means chemical data or biological test data 
intended to show that two substances or mixtures are equivalent.
    Equivalent means that a chemical substance or mixture is able to 
represent or substitute for another in a test or series of tests, and 
that the data from one substance can be used to make scientific and 
regulatory decisions concerning the other substance.
    Exemption means an exemption from a testing requirement of a test 
rule promulgated under section 4 of the Act and part 799 of this 
chapter.
    Impurity means a chemical substance which is uninitentionally 
present with another chemical substance.
    Joint sponsor means a person who sponsors testing pursuant to 
section 4(b)(3)(A) of the Act.
    Joint sponsorship means the sponsorship of testing by two or more 
persons in accordance with section

4(b)(3)(A) of the Act.
    Person means an individual, partnership, corporation, association, 
scientific or academic establishment, or organizational unit thereof, 
and any other legal entity.
    Principal sponsor means an individual sponsor or the joint sponsor 
who assumes primary responsibility for the direction of a study and for 
oral and written communication with EPA.
    Protocol means the plan and procedures which are to be followed in 
conducting a test.
    Reimbursement period refers to a period that begins when the data 
from the last non-duplicative test to be completed under a test rule are 
submitted to EPA and ends after an amount of time equal to that which 
had been required to develop data or after five years, whichever is 
later.
    Sponsor means the person or persons who design, direct and finance 
the testing of a substance or mixture.
    Test substance means the form of chemical substance or mixture that 
is specified for use in testing.

[49 FR 39782, Oct. 10, 1984, as amended at 51 FR 23712, June 30, 1986]



Sec. 790.5  Submission of information.

    (a) All submissions to EPA under this part must bear the Code of 
Federal Regulations (CFR) section number of the subject chemical test 
rule, or indicate the identity of the consent agreement. For all 
submissions under this part, six copies must be provided to EPA.
    (b) Submissions containing both confidential business information or 
non-confidential business information must be addressed to the Document 
Control

[[Page 7]]

Office (7407), Office of Pollution Prevention and Toxics, U.S. 
Environmental Protection Agency, Room G-099, 401 M St., SW., Washington, 
DC 20460, ATTN: TSCA Section 4.

[50 FR 20656, May 17, 1985, as amended at 51 FR 23712, June 30, 1986; 58 
FR 34205, June 23, 1993; 60 FR 31922, June 19, 1995; 60 FR 34466, July 
3, 1995]



Sec. 790.7  Confidentiality.

    (a) Any person subject to the requirements of a consent agreement or 
a test rule under section 4 of the Act may assert a claim of 
confidentiality for certain information submitted to EPA in response to 
the consent agreement or the test rule. Any information claimed as 
confidential will be treated in accordance with the procedures in part 2 
of this title and section 14 of the Act. Failure to assert a claim of 
confidentiality at the time the information is submitted will result in 
the information being made available to the public without further 
notice to the submitter.
    (b) A claim of confidentiality must be asserted by circling or 
otherwise marking the specific information claimed as confidential and 
designating it with the words ``confidential business information,'' 
``trade secret,'' or another appropriate phrase indicating its 
confidential character.
    (c) If a person asserts a claim of confidentiality for study plan 
information described in Secs. 790.50(c)(1)(iii)(D), (iv), (v), and (vi) 
and 790.62(b)(6), (7), (8), (9), and (10), the person must provide a 
detailed written substantiation of the claim by answering the questions 
in this paragraph. Failure to provide written substantiation at the time 
the study plan information is submitted will be considered a waiver of 
the claim of confidentiality, and the study plan information will be 
disclosed to the public without further notice.
    (1) Would disclosure of the study plan information disclose 
processes used in the manufacture or processing of a chemical substance 
or mixture? Describe how this would occur.
    (2) Would disclosure of the study plan information disclose the 
portion of a mixture comprised by any of the substances in the mixture? 
Describe how this would occur.
    (3) What harmful effects to your competitive position, if any, do 
you think would result from disclosure of this information? How would a 
competitor use such information? How substantial would the harmful 
effects be? What is the causal relationship between disclosure and the 
harmful effects?
    (4) For what period of time should confidential treatment be given? 
Until a specific date, the occurrence of a specific event, or 
permanently? Why?
    (5) What measures have you taken to guard against disclosure of this 
information to others?
    (6) To what extent has this information been disclosed to others? 
What precautions have been taken in connection with such disclosures?
    (7) Has this information been disclosed to the public in any forms? 
Describe the circumstances.
    (8) Has the information been disclosed in a patent?
    (9) Has EPA, another Federal agency, or any Federal court made any 
pertinent confidentiality determination regarding this information? If 
so, copies of such determinations must be included in the 
substantiation.
    (d) If the substantiation provided under paragraph (c) of this 
section contains information which the submitter considers confidential, 
the submitter must assert a separate claim of confidentiality for that 
information at the time of submission in accordance with paragraph (b) 
of this section.

[49 FR 39782, Oct. 10, 1984, as amended at 51 FR 23713, June 30, 1986]



 Subpart B--Procedures for Developing Consent Agreements and Test Rules

    Source: 51 FR 23713, June 30, 1986, unless otherwise noted.



Sec. 790.20  Recommendation and designation of testing candidates by the ITC.

    (a) Recommendations with intent to designate. The ITC has advised 
EPA that it will discharge its responsibilities under section 4(e) of 
the Act in the following manner:

[[Page 8]]

    (1) When the ITC identifies a chemical substance or mixture that it 
believes should receive expedited consideration by EPA for testing, the 
ITC may add the substance or mixture to its list of chemicals 
recommended for testing and include a statement that the ITC intends to 
designate the substance or mixture for action by EPA in accordance with 
section 4(e)(1)(B) of the Act.
    (2) Chemical substances or mixtures selected for expedited review 
under paragraph (a)(1) of this section may, at a later time, be 
designated for EPA action within 12 months of such designation. The 
ITC's subsequent decision would be based on the ITC's review of TSCA 
sections 8(a) and 8(d) data and other relevant information.
    (3) Where the ITC concludes that a substance or mixture warrants 
testing consideration but that expedited EPA review of testing needs is 
not justified, the ITC will add the substance or mixture to its list of 
testing recommendations without expressing an intent to designate the 
substance or mixture for EPA action in accordance with section 
4(e)(1)(B) of the Act.
    (4) The ITC reserves its right to designate any chemical that it 
determines the Agency should, within 12 months of the date first 
designated, initiate a proceeding under section 4(a) of the Act.
    (b) EPA consideration of ITC recommendations. (1) Where a substance 
or mixture is designated for EPA action under section 4(e)(1)(B) of the 
Act, the Agency will take either one of the following actions within 12 
months after receiving the ITC designation:
    (i) Initiate rulemaking proceedings under section 4(a) of the Act.
    (ii) Publish a Federal Register notice explaining the Agency's 
reasons for not initiating such rulemaking proceedings. EPA may conclude 
that rulemaking proceedings under section 4(a) of the Act are 
unnecessary if it determines that the findings specified in section 4(a) 
of the Act cannot be made or if the Agency has entered into a consent 
agreement requiring testing in accordance with the provisions of this 
subpart.
    (2) Where a substance or mixture has been recommended for testing by 
the ITC without an intent to designate, EPA will use its best efforts to 
act on the ITC's recommendations as rapidly as possible consistent with 
its other priorities and responsiblities. EPA may respond to the ITC's 
recommendations either by:
    (i) Initiating rulemaking proceedings under section 4(a) of the Act.
    (ii) Publishing a Federal Register notice explaining the Agency's 
reasons for concluding that testing is unnecessary.
    (iii) Entering into a consent agreement in accordance with this 
subpart.



Sec. 790.22  Procedures for gathering information and negotiating consent agreements on chemicals which the ITC has recommended for testing with an intent to 
          designate.

    (a) Preliminary EPA evaluation. Following receipt of an ITC report 
containing a recommendation with an intent to designate, EPA will use 
the following procedure for completing a preliminary evaluation of 
testing needs. Appendix A\1\ to this part presents the schedule that EPA 
intends to follow for this purpose.
---------------------------------------------------------------------------

    \1\ Editorial Note: Appendix A appears at the end of subpart E.
---------------------------------------------------------------------------

    (1) EPA will publish the ITC report in the Federal Register and 
announce that interested persons have 30 days to submit comments on the 
ITC's testing recommendations.
    (2) EPA will publish a Federal Register notice adding all ITC-
recommended chemicals to the automatic reporting provisions of its rules 
under sections 8(a) and 8(d) of the Act (40 CFR parts 712 and 716).
    (3) EPA will hold a public ``focus meeting'' to discuss the ITC's 
testing recommendations and obtain comments and information from 
interested parties.
    (4) EPA will evaluate submissions received under the sections 8(a) 
and 8(d) reporting requirements, comments filed on the ITC's 
recommendations, and other information and data compiled by the Agency.
    (5) EPA will make a preliminary staff determination of the need for 
testing and, where testing appears warranted, will tentatively select 
the studies to be performed.

[[Page 9]]

    (6) EPA will hold a public meeting to announce its preliminary 
testing determinations.
    (b) Negotiation procedures for consent agreements. Where EPA 
believes that testing is necessary, the Agency will explore whether a 
consent agreement can be negotiated that satisfies the testing needs 
identified by the Agency. EPA will use the following procedures for 
negotiating, formulating and accepting consent agreements. Appendix A\1\ 
to this part presents the schedule that EPA intends to follow for this 
purpose.
    (1) In the Federal Register notice described in paragraph (a)(1) of 
this section, EPA will explain its procedures and timetable for 
negotiating consent agreements and invite persons interested in 
participating in or monitoring negotiations to contact the Agency in 
writing.
    (2) Persons who respond to EPA's notice by the announced date of the 
Agency's course-setting meeting will be deemed ``interested parties'' 
for purposes of any negotiations that EPA conducts.
    (3) Following the course-setting meeting announcing EPA's 
preliminary testing determinations, the Agency will meet with 
manufacturers, processors and other interested parties for the purpose 
of attempting to negotiate a consent agreement. To facilitate attendance 
at these meetings, EPA will contact all interested parties who have 
expressed a desire to participate in or monitor negotiations under 
paragraph (b)(2) of this section and advise them of meeting dates.
    (4) All negotiating meetings will be open to members of the public. 
The minutes of each meeting will be prepared by EPA. Meeting minutes, 
testing proposals, background documents and other materials exchanged at 
or prepared for negotiating meetings will be included in the public file 
established by EPA on each ITC-recommended chemical. Materials in this 
file will be made available for inspection in the OPPTS Reading Room 
during EPA working hours.
    (5) While negotiations are underway, EPA will promptly circulate 
meeting minutes, testing proposals, correspondence and other relevant 
materials to interested parties who expressed a desire to participate in 
or monitor negotiations pursuant to paragraph (b)(2) of this section.
    (6) As negotiations progress, EPA will make a tentative decision 
either to proceed with formulation of a consent agreement or to initiate 
rulemaking. EPA will terminate negotiations after 10 weeks and proceed 
with rulemaking unless negotiations are likely to result in a draft 
consent agreement within 4 additional weeks. By the end of this 4-week 
period, EPA either will have prepared a draft consent agreement 
reflecting the apparent consensus of the parties or will terminate 
negotiations and proceed with rulemaking. If EPA decides to proceed with 
rulemaking, no further opportunity for negotiations will be provided. 
EPA will promptly send written notice to all interested parties of the 
termination of negotiations.
    (7) Where EPA prepares a draft consent agreement, it will be 
circulated for comment to all interested parties who expressed a desire 
to participate in or monitor negotiations under paragraph (b)(2) of this 
section. A period of 4 weeks will be provided for submitting comments or 
written objections under Sec. 790.24(a).
    (8) If necessary, EPA will hold a public meeting to discuss comments 
on the draft consent agreement and to determine whether revisions in the 
agreement are appropriate.
    (9) Where a consensus exists concerning the contents of a draft 
consent agreement, it will be circulated to EPA management and 
interested parties for final approval and signature.
    (10) Upon final approval of a consent agreement, EPA will publish a 
Federal Register notice that summarizes the agreement, describes the ITC 
recommendations for the test substance, outlines the chemical's use and 
exposure characteristics, and explains the background, objectives and 
rationale of the testing to be conducted, and codifies in subpart C of 
part 799 the name of the substance(s) to be tested and the citation to 
the Federal Register notice of the agreement.

[[Page 10]]



Sec. 790.24  Criteria for determining whether a consensus exists concerning the provisions of a draft consent agreement.

    (a) EPA will enter into consent agreements only where there is a 
consensus among the Agency, one or more manufacturers and/or processors 
who agree to conduct or sponsor the testing, and all other interested 
parties who identify themselves in accordance with Sec. 790.22(b)(2). 
EPA will not enter into a consent agreement in either of the following 
circumstances:
    (1) EPA and affected manufacturers and/or processors cannot reach a 
consensus on the testing requirements or other provisions to be included 
in the consent agreement.
    (2) A draft consent agreement is considered inadequate by other 
interested parties who, pursuant to Sec. 790.22(b)(2), have asked to 
participate in or monitor negotiations; and these parties have submitted 
timely written objections to the draft consent agreement which provide a 
specific explanation of the grounds on which the draft agreement is 
objectionable.
    (b) EPA may reject objections described in paragraph (a)(2) of this 
section only where the Agency concludes the objections are either:
    (1) Not made in good faith.
    (2) Untimely.
    (3) Do not involve the adequacy of the proposed testing program or 
other features of the agreement that may affect EPA's ability to fulfill 
the goals and purposes of the Act.
    (4) Not accompanied by a specific explanation of the grounds on 
which the draft agreement is considered objectionable.
    (c) The unwillingness of some manufacturers and/or processors of a 
prospective test chemical to sign the draft consent agreement does not, 
in itself, establish a lack of consensus if EPA concludes that those 
manufacturers and/or processors who are prepared to sign the agreement 
are capable of accomplishing the testing to be required and that the 
draft agreement will achieve the purposes of the Act in all other 
respects.



Sec. 790.26  Initiation and completion of rulemaking proceedings on ITC-designated chemicals.

    (a) Where EPA concludes that a consensus does not exist concerning 
the provisions of a draft consent agreement and that the findings 
specified by section 4(a) can be made, the Agency will proceed with 
rulemaking under section 4(a) of TSCA.
    (b) When EPA decides to proceed with rulemaking under paragraph (a) 
of this section, the Agency intends to publish a rulemaking proposal and 
a final rule or a notice terminating the rulemaking proceeding in 
accordance with the schedule specified in Appendix A\1\ to this part.
---------------------------------------------------------------------------

    \1\ Editorial Note: Appendix A appears at the end of subpart E.
---------------------------------------------------------------------------

    (c) Where the testing recommendations of the ITC raise unusually 
complex and novel issues that require additional Agency review and 
opportunity for public comment, the Agency may publish an Advance Notice 
of Proposed Rulemaking (ANPR). The schedule that EPA intends to follow 
for rulemaking proceedings initiated by publication of an ANPR is 
presented in appendix A\1\ to this part.



Sec. 790.28  Procedures for developing consent agreements and/or test rules for chemicals that have not been designated or recommended with intent to designate 
          by the ITC.

    (a) Where EPA believes that testing is needed, it may also develop 
consent agreements and/or test rules on chemical substances or mixtures 
that either:
    (1) Have been recommended but not ``recommended with intent to 
designate'' by the ITC.
    (2) Have been selected for testing consideration by EPA on its own 
initiative.
    (b) When EPA wishes to initiate negotiations concerning chemicals 
described in paragraph (a) of this section, it will publish a Federal 
Register notice describing its tentative evaluation of testing needs, 
announcing a date for a public course-setting meeting, and inviting 
persons interested in participating in or monitoring negotiations to

[[Page 11]]

contact the Agency in writing. Any negotiations that EPA conducts will 
conform to the procedures specified in Sec. 790.22(b) and, to the extent 
feasible, will follow the schedules presented in appendix A\1\ to this 
part.
    (c) EPA will enter into consent agreements on chemicals described in 
paragraph (a) of this section only if there is a consensus among EPA, 
affected manufacturers and/or processors, and any other persons who have 
asked to participate in or monitor negotiations. In determining whether 
such a consensus exists, EPA will employ the criteria specified in 
Sec. 790.24. In the absence of consensus, EPA will initiate rulemaking 
if it concludes that the findings specified in section 4(a) of the Act 
can be made. The schedule for initiating and completing such rulemaking 
proceedings will, to the extent feasible, follow the schedule specified 
in appendix A\1\ to this part.
---------------------------------------------------------------------------

    \1\ Editorial Note: Appendix A appears at the end of subpart E.
---------------------------------------------------------------------------



 Subpart C--Implementation, Enforcement, and Modification of Test Rules

    Source: 50 FR 20657, May 17, 1985, unless otherwise noted. 
Redesignated at 51 FR 23713, June 30, 1986.



Sec. 790.40  Promulgation of test rules.

    (a) If EPA determines that it is necessary to test a chemical 
substance or mixture by rule under section 4 of the Act, it will 
promulgate a test rule in part 799 of this chapter.
    (b) EPA will promulgate specific test rules in part 799 of this 
chapter either by a single-phase rulemaking procedure or by a two-phase 
rulemaking procedure.
    (1) Under single-phase test rule development, EPA will promulgate a 
test rule in part 799 of this chapter through a notice and comment 
rulemaking which specifies the following:
    (i) Identification of the chemical for which testing is required 
under the rule.
    (ii) The health or environmental effect or effects or other 
characteristics for which testing is being required.
    (iii) Which test substance(s) must be tested.
    (iv) Standards for the development of test data.
    (v) The EPA Good Laboratory Practice requirements for the required 
testing.
    (vi) Schedule for submission of interim reports and/or final reports 
to EPA.
    (vii) Who must submit either letters of intent to conduct testing or 
exemption applications.
    (viii) What types of data EPA will examine in determining 
equivalence if more than one test substance is to be tested.
    (2) Under two-phase test rule development, EPA will promulgate a 
Phase I test rule in part 799 of this chapter through a notice and 
comment rulemaking which specifies the following:
    (i) Identification of the chemical for which testing is required 
under the rule.
    (ii) The health or environmental effect or effects or other 
characteristics for which testing is being required.
    (iii) Which test substance(s) must be tested.
    (iv) A reference to appropriate guidelines for the development of 
test data.
    (v) The EPA Good Laboratory Practice requirements for the required 
testing.
    (vi) Who must submit either letters of intent to conduct testing and 
study plans, or exemption applications.
    (vii) What types of data EPA will examine in determining equivalence 
if more than one test substance is to be tested.
    (3) Under two-phase test rule development, test standards and 
schedules will be developed in a second phase of rulemaking as described 
in Secs. 790.50 and 790.52.

[50 FR 20657, May 17, 1985. Redesignated and amended at 51 FR 23713, 
June 30, 1986; 54 FR 36313, Sept. 1, 1989]



Sec. 790.42  Persons subject to a test rule.

    (a) Each test rule described in Sec. 790.40 will specify whether 
manufacturers, processors, or both are subject to the requirement for 
testing of the subject chemical under section 4(b)(3)(B) of the

[[Page 12]]

Act and will indicate who will be required to submit letters of intent 
to conduct testing.
    (1) If testing is being required to allow evaluation of risks:
    (i) Primarily associated with manufacture of the chemical, or
    (ii) Associated with both manufacturer and processing of the 
chemical, or
    (iii) Associated with distribution in commerce, use, and/or disposal 
activities concerning the chemical, each manufacturer of the chemical 
will be subject and must comply with the requirements of the test rule.
    (2) While legally subject to the test rule in circumstances 
described in paragraphs (a)(1) (ii) and (iii) of this section, 
processors of the chemical must comply with the requirements of the test 
rule only if processors are directed to do so in a subsequent notice as 
set forth in Sec. 790.48(b).
    (3) If testing is being required to allow evaluation of risks 
associated solely with processing of the chemical, processors will be 
subject and must comply with the requirements of the test rule.
    (4) While legally subject to the test rule in circumstances 
described in paragraph (a)(1) of this section, persons who manufacture 
less than 500 kg (1,100 lb) of the chemical annually during the period 
from the effective date of the test rule to the end of the reimbursement 
period, must comply with the requirements of the test rule only if such 
manufacturers are directed to do so in a subsequent notice as set forth 
in Sec. 790.48, or if directed to do so in a particular test rule.
    (5) While legally subject to the test rule in circumstances 
described in paragraph (a)(1) of this section, persons who manufacture 
small quantities of the chemical solely for research and development 
(meaning quantities that are not greater than those necessary for 
purposes of scientific experimentation or analysis or chemical research 
on, or analysis of, such chemical or another chemical, including such 
research or analysis for development of a product) from the effective 
date of the test rule to the end of the reimbursement period, must 
comply with the requirements of the test rule only if such manufacturers 
are directed to do so in subsequent notice set forth in Sec. 790.48, or 
if directed to do so in a particular test rule.
    (6) If testing is being required to allow evaluation of risks 
associated primarily with manufacture of a chemical for research and 
development (R & D) purposes, manufacturers of the chemical for R & D 
will be subject and must comply with the requirements of the test rule.
    (b) [Reserved]

[50 FR 20657, May 17, 1985. Redesignated at 51 FR 23713, June 30, 1986, 
and amended at 55 FR 18884, May 7, 1990]



Sec. 790.45  Submission of letter of intent to conduct testing or exemption application.

    (a) No later than 30 days after the effective date of a test rule 
described in Sec. 790.40, each person subject to that rule and required 
to comply with the requirements of that rule as provided in 
Sec. 790.42(a) must, for each test required, either notify EPA by letter 
of his or her intent to conduct testing or submit to EPA an application 
for an exemption from testing requirements for the test.
    (b) EPA will consider letters of intent to test as commitments to 
sponsor the tests for which they are submitted unless EPA agrees to the 
substitution of an exemption application in instances where more than 
one person indicates an intent to sponsor equivalent tests.
    (c) Each letter of intent to conduct testing must include:
    (1) Identification of test rule.
    (2) Name, address, and telephone number of the firm(s) which will be 
sponsoring the tests.
    (3) Name, address, and telephone number of the appropriate 
individual to contact for further information.
    (4) For sponsors participating in a testing consortium--a list of 
all members of the consortium, the signature of an authorized 
representative of each member, and a designation of who is to serve as 
principal sponsor.
    (5) A list of the testing requirements for which the sponsor(s) 
intends to conduct tests.

[[Page 13]]

    (6) If EPA is requiring testing of more than one representative 
substance--which test substance the sponsor(s) intends to use in each of 
the tests.
    (d)(1) Any person not manufacturing or processing the subject 
chemical as of the effective date of the test rule describing in 
Sec. 790.40 or by 30 days after the effective date of the rule who, 
before the end of the reimbursement period, manufacturers or processes 
the test chemical and who is subject to and required to comply with the 
requirements of the test rule must submit the letter of intent to test 
or an exemption application required by paragraph (a) of this section by 
the date manufacture or processing begins, or
    (2) When both manufacturers and processors are subject to the rule, 
any person not processing the subject chemical as of the effective date 
of the test rule described in Sec. 790.40 or by 30 days after 
publication of the Federal Register notice described in 
Sec. 790.48(b)(2) who, before the end of the reimbursement period, 
processes the test chemical and who is required to comply with the 
requirements of the rule must submit the letter of intent to test or an 
exemption application required by Sec. 790.48(b)(3) of the date 
processing begins.
    (e) Manufacturers subject to a test rule described in Sec. 790.40 
who do not submit to EPA either a letter of their intent to conduct 
tests or a request for an exemption from testing for each test for which 
testing is required in the test rule will be considered in violation of 
that rule beginning on the 31st day after the effective date of the test 
rule described in Sec. 790.40 or on the date manufacture begins as 
described in paragraph (d) of this section.
    (f) Processors subject to a test rule described in Sec. 790.40 and 
required to comply with the requirements of test rule pursuant to 
Sec. 790.42(a)(2) or a Federal Register notice as described in 
Sec. 790.48(b)(2) who do not submit to EPA either a letter of their 
intent to conduct tests or a request for an exemption for each test for 
which testing is required in the test rule will be considered in 
violation of that rule beginning on the 31st day after the effective 
date of the test rule described in Sec. 790.40 or 31 days after 
publication of the Federal Register notice described in 
Sec. 790.48(b)(2) or on the date processing begins as described in 
paragraph (d) of this section, as appropriate.



Sec. 790.48  Procedure if no one submits a letter of intent to conduct testing.

    (a) If only manufacturers are subject to the rule. (1) This 
paragraph applies if testing is being required solely to allow 
evaluation of risks associated with manufacturing and the test rule 
described in Sec. 790.40 states that manufacturers only are responsible 
for testing.
    (2) If no manufacturer subject to the test rule has notified EPA of 
its intent to conduct one or more of the required tests within 30 days 
after the effective date of the test rule described in Sec. 790.40, EPA 
will notify all manufacturers, including those described in 
Sec. 790.42(a)(4) and (a)(5), by certified mail or by publishing a 
notice of this fact in the Federal Register specifying the tests for 
which no letter of intent has been submitted and will give such 
manufacturers an opportunity to take corrective action.
    (3) If no manufacturer submits a letter of intent to conduct one or 
more of the required tests within 30 days after receipt of the certified 
letter or publication of the Federal Register notice described in 
paragraph (a)(2) of this section, all manufacturers subject to the rule 
will be in violation of the test rule from the 31st day after receipt of 
the certified letter or publication of the Federal Register notice 
described in this paragraph.
    (b) If manufacturers and processors are subject to the rule. (1) 
This paragraph applies if testing is being required to allow evaluation 
of risks associated with manufacturing and processing or with 
distribution in commerce, use, or disposal of the chemical and the test 
rule described in Sec. 790.40 states that manufacturers and processors 
are responsible for testing.
    (2) If no manufacturer subject to the rule has notified EPA of its 
intent to conduct testing for one or more of the required tests within 
30 days after the effective date of the test rule described in 
Sec. 790.40, EPA will publish a notice in the Federal Register of this 
fact

[[Page 14]]

specifying the tests for which no letter of intent has been submitted.
    (3) No later than 30 days after the date of publication of the 
Federal Register notice described in paragraph (b)(2) of this section, 
each person described in Sec. 790.40(a)(4) and (5) and each person 
processing the subject chemical as of the effective date of the test 
rule described in Sec. 790.40 or by 30 days after the date of 
publication of the Federal Register notice described in paragraph (b)(2) 
of this section must, for each test specified in the Federal Register 
notice, either notify EPA by letter of his or her intent to conduct 
testing or submit to EPA an application for an exemption from testing 
requirements for the test.
    (4) If no manufacturer or processor of the test chemical has 
submitted a letter of intent to conduct one or more of the required 
tests within 30 days after the date of publication of the Federal 
Register notice described in paragraph (b)(2) of this section, EPA will 
notify all manufacturers and processors by certified letter or publish a 
Federal Register notice of this fact specifying the tests for which no 
letter of intent has been submitted. This letter or Federal Register 
notice will give the manufacturers and processors an opportunity to take 
corrective action.
    (5) If no manufacturer or processor submits a letter of intent to 
conduct one or more of the required tests within 30 days after receipt 
of the certified letter or publication of the Federal Register notice 
described in paragraph (b)(4) of this section, all manufacturers and 
processors subject to the rule will be in violation of the test rule 
from the 31st day after receipt of the certified letter or publication 
of the Federal Register notice described in paragraph (b)(4) of this 
section.
    (c) Only processors are subject to the rule. (1) This paragraph 
applies if testing is being required solely to allow evaluation of risks 
associated with processing and the test rule described in Sec. 790.40 
states that only processors are responsible for testing.
    (2) If no processor subject to the rule has notified EPA of its 
intent to conduct one or more of the required tests within 30 days after 
the effective date of the test rule described in Sec. 790.40, EPA will 
notify all the processors by certified mail or publish a notice in the 
Federal Register of this fact, specifying the tests for which no letter 
of intent has been submitted and give the processors an opportunity to 
take corrective action.
    (3) If no processor submits a letter of intent to conduct one or 
more of the required tests within 30 days after receipt of the certified 
letter or publication of the Federal Register notice described in 
paragraph (c)(2) of this section, all processors subject to the rule 
will be in violation of the test rule from the 31st day after receipt of 
the certified letter or publication of the Federal Register notice 
described in this paragraph.

[50 FR 20657, May 17, 1985. Redesignated at 51 FR 23713, June 30, 1986, 
and amended at 55 FR 18884, May 7, 1990]



Sec. 790.50  Submission of study plans.

    (a) Who must submit study plans. (1) Persons who notify EPA of their 
intent to conduct tests in compliance with the requirements of a single 
phase test rule as described in Sec. 790.40(b)(1) must submit study 
plans for those tests prior to the initiation of each of these tests, 
unless directed by a particular test rule or consent agreement to submit 
study plans at a specific time.
    (2) Persons who notify EPA of their intent to conduct tests in 
compliance with the requirements of a Phase I test rule as described in 
Sec. 790.40(b)(2) must submit the proposed study plans for those tests 
on or before 90 days after the effective date of the Phase I rule; or, 
for processors complying with the notice described in Sec. 790.48(b)(2), 
90 days after the publication date of that notice; or 60 days after the 
date manufacture or processing begins as described in Sec. 790.45(d), as 
appropriate, to the address in Sec. 790.5(b).
    (3) Study plans must be prepared according to the requirements of 
this subpart B and part 792 of this chapter. Only one set of study plans 
should be prepared and submitted by persons who are jointly sponsoring 
testing.
    (4) Any person subject to a test rule may submit a study plan for 
any test

[[Page 15]]

required by the rule at any time, regardless of whether the person 
previously submitted an application for exemption from testing for that 
test.
    (5) Unless EPA has granted an extension of time for submission of 
proposed study plans, manufacturers who notify EPA that they intend to 
conduct testing in compliance with the requirements of a Phase I test 
rule as described in Sec. 790.40(b)(2) and who do not submit proposed 
study plans for those tests on or before 90 days after the effective 
date of the Phase I test rule or 60 days after the date manufacture 
begins as described in Sec. 790.45(d) will be considered in violation of 
the test rule as if no letter of intent to test had been submitted.
    (6) Unless EPA has granted an extension of time for submission of 
proposed study plans, processors who notify EPA that they intend to 
conduct testing in compliance with the requirements of a Phase I test 
rule as described in Sec. 790.40(b)(2) and who do not submit proposed 
study plans for those tests on or before 90 days after the effective 
date of the Phase I test rule or 90 days after the publication date of 
the notice described in Sec. 790.48(b)(2), or 60 days after the date 
processing begins as described in Sec. 790.45(d), as appropriate, will 
be considered in violation of the test rule as if no letter of intent to 
test had been submitted.
    (b) Extensions of time for submission of study plans. (1) EPA may 
grant requests for additional time for the development of study plans on 
a case-by-case basis. Requests for additional time for study plan 
development must be made in writing to EPA at the address in 
Sec. 790.5(b). Each extension request must state why EPA should grant 
the extension.
    (2) Under two-phase rulemaking, extension requests must be submitted 
to EPA within 60 days after the effective date of the Phase I test rule 
as described in Sec. 790.40(b)(2); or for processors complying with the 
notice described in Sec. 790.48(b)(2), 60 days after the publication 
date of that notice; or 30 days after the date manufacture or processing 
begins as described in Sec. 790.45(d), as appropriate.
    (3) EPA will notify the submitter by certified mail of EPA's 
decision to grant or deny an extension request.
    (4) Persons who have been granted an extension of time for 
submission of study plans as described in paragraph (b)(1) of this 
section and who do not submit proposed study plans in compliance with 
the requirements of a Phase I test rule in accordance with the new 
deadline granted by EPA will be considered in violation of the test rule 
as if no letter of intent to test had been submitted as described in 
Sec. 790.45(e) and (f).
    (c) Content of study plans. (1) All study plans are required to 
contain the following information:
    (i) Identity of the test rule.
    (ii) The specific test requirements of that rule to be covered by 
the study plan.
    (iii)(A) The names and addresses of the test sponsors.
    (B) The names, addresses, and telephone numbers of the responsible 
administrative officials and project manager(s) in the principal 
sponsor's organization.
    (C) The name, address, and telephone number of the appropriate 
individual to contact for oral and written communications with EPA.
    (D)(1) The names and addresses of the testing facilities and the 
names, addresses, and telephone numbers of the testing facilities' 
administrative officials and project manager(s) responsible for the 
testing.
    (2) Brief summaries of the training and experience of each 
professional involved in the study, including study director, 
veterinarian(s), toxicologist(s), pathologist(s), chemist(s), 
microbiologist(s), and laboratory assistants.
    (iv) Identity and data on the chemical substance(s) being tested, 
including physical constants, spectral data, chemical analysis, and 
stability under test and storage conditions, as appropriate.
    (v) Study protocol, including the rationale for any combination of 
test protocols; the rationale for species/strain selection; dose 
selection (and supporting data); route(s) or method(s) of exposure; 
description of diet to be used and its source; including nutrients

[[Page 16]]

and contaminants and their concentrations; for in vitro test systems, a 
description of culture medium and its source; and a summary of expected 
spontaneous chronic diseases (including tumors), genealogy, and life 
span.
    (vi) Schedule for initiation and completion of each short-term test 
and of each major phase of long-term tests; dates for submission of 
interim progress and final reports to EPA that are within the reporting 
deadlines specified by EPA In the final test rule.
    (2) Information required in paragraph (c)(1)(iii)(D) of this section 
is not required in proposed study plans submitted in compliance with the 
requirements of a Phase I test rule if the information is not available 
at the time of study plan submission; however, the information must be 
submitted before the initiation of testing.
    (d) Incomplete study plans. (1) Upon receipt of a study plan, EPA 
will review the study plan to determine whether it complies with 
paragraph (c) of this section. If EPA determines that the study plan 
does not comply with paragraph (c) of this section, EPA will notify the 
submitter that the submission is incomplete and will identify the 
deficiencies and the steps necessary to complete the submission.
    (2) The submitter will have 15 days after the day it receives this 
notice to submit appropriate information to make the study plan 
complete.
    (3) If the submitter fails to provide appropriate information to 
complete a proposed study plan submitted in compliance with the 
requirements of a Phase I test rule on or before 15 days after receipt 
of the notice, the submitter will be considered in violation of the test 
rule as if no letter of intent to conduct the test had been submitted as 
described in Sec. 790.45(e) and (f).
    (e) Amendments to study plans. Test sponsors shall submit all 
amendments to study plans to the Director, Office of Compliance 
Monitoring at the address in Sec. 790.5(d).

[50 FR 20657, May 17, 1985. Redesignated and amended at 51 FR 23713, 
June 30, 1986; 52 FR 36569, Sept. 30, 1987; 54 FR 36313, Sept. 1, 1989; 
55 FR 18884, May 7, 1990; 58 FR 34205, June 23, 1993; 60 FR 34466, July 
3, 1995]



Sec. 790.52  Phase II test rule.

    (a) If EPA determines that the proposed study plan described in 
Sec. 790.50(a)(2) complies with Sec. 790.50(c), EPA will publish a 
proposed Phase II test rule in the Federal Register requesting comments 
on the ability of the proposed study plan to ensure that data from the 
test will be reliable and adequate.
    (b) EPA will provide a 45-day comment period and will provide an 
opportunity for an oral presentation upon the request of any person. EPA 
may extend the comment period if it appears from the nature of the 
issues raised by EPA's review or from public comments that further 
comment is warranted.
    (c) After receiving and considering public comments on the study 
plan, EPA will adopt, as proposed or as modified in response to EPA 
review and public comments, the study protocol section of the study 
plan, as defined by Sec. 790.50(c)(1)(v) of this chapter, as the test 
standard for the required testing, and the schedule section of the study 
plan, as defined by Sec. 790.50(c)(1)(vi) of this chapter, as the 
schedule for the required testing in a final Phase II test rule.

[50 FR 20657, May 17, 1985. Redesignated at 51 FR 23713, June 30, 1986, 
and amended at 52 FR 36569, Sept. 30, 1987]



Sec. 790.55  Modification of test standards or schedules during conduct of test.

    (a) Application. Any test sponsor who wishes to modify the test 
schedule for the mandatory testing conditions or requirements (i.e., 
``shall statements'') in the test standard for any test required by a 
test rule must submit an application in accordance with this paragraph. 
Application for modification must be made in writing to EPA at the 
address in Sec. 790.5(b), or by phone with written confirmation to 
follow within 10 working days. Applications must include an appropriate 
explanation and rationale for the modification. Where a test sponsor 
requests EPA to provide guidance or to clarify a non-mandatory testing 
requirement (i.e., ``should statements'') in a test standard, the test 
sponsor should submit these requests to EPA at the address in 
Sec. 790.5(b).

[[Page 17]]

    (b) Adoption. (1) Where EPA concludes that the requested 
modification of a test standard or schedule for a test required under a 
test rule is appropriate, EPA will proceed in accordance with this 
paragraph (b).
    (2) Where, in EPA's judgment, the requested modification of the test 
standard or schedule would not alter the scope of the test or 
significantly change the schedule for completing the test, EPA will not 
ask for public comment before approving the modification. EPA will 
notify the test sponsor by letter of EPA's approval. EPA will place 
copies of each application and EPA approval letter in the rulemaking 
record for the test rule in question. EPA will publish a notice annually 
in the Federal Register indicating the test standards or schedules for 
tests required in test rules which have been modified under this 
paragraph (b)(2) and describing the nature of the modifications. Until 
the Federal Register notice is published, any modification approved by 
EPA under this paragraph (b)(2) shall apply only to the test sponsor who 
applied for the modification under this paragraph (a) of this section.
    (3) Where, in EPA's judgment, the requested modification of a test 
standard or schedule would significantly alter the scope of the test or 
significantly change the schedule for completing the test, EPA will 
publish a notice in the Federal Register requesting comment on the 
proposed modification. However, EPA will approve a requested 
modification of a test standard under paragraph (b)(3) of this section 
without first seeking public comment if EPA believes that an immediate 
modification to the test standard is necessary to preserve the accuracy 
or validity of an ongoing test. EPA may also modify a testing 
requirement or test condition in a test standard if EPA determines that 
the completion or achievement of this requirement or condition is not 
technically feasible. EPA may approve a test schedule extension under 
paragraph (b)(3) of this section without first seeking public comment if 
EPA determines, on a case-by-case basis, that a delay of over 12 months 
is not the fault of the test sponsor and is the result of unforeseen 
circumstances such as a lack of laboratory availability, lack of 
availability of suitable test substance (e.g., 14-C labelled test 
substance), lack of availability of healthy test organisms, or the 
unexpected failure of a long-term test. EPA will publish an annual 
notice in the Federal Register announcing the approval of any test 
standard modifications and test schedule extensions under paragraph 
(b)(3) of this section and provide a brief rationale of why the 
modification was granted.
    (4) For purposes of this paragraph (b), a requested modification of 
a test standard or schedule for a test required under a test rule would 
alter the scope of the test or significantly change the schedule for 
completing the test if the modification would:
    (i) Change the test species.
    (ii) Change the route of administration of the test chemical.
    (iii) Change the period of time during which the test species is 
exposed to the test chemical.
    (iv) Except as provided in paragraph (b)(3) of this section, extend 
the final reporting deadline more than 12 months from the date specified 
in the final rule.
    (c) Disapproval. Where EPA concludes that the requested modification 
of a test standard or schedule for a test required under a test rule is 
not appropriate, EPA will so notify the test sponsor in writing.
    (d) Timing. (1) Test sponsors should submit all applications for 
test schedule modifications at least 60 days before the reporting 
deadline for the test in question.
    (2) EPA will not normally approve any test schedule extensions 
submitted less than 30 days before the reporting deadline for the test 
in question.
    (3) Except as provided in paragraph (b)(3) of this section, EPA may 
grant extensions for up to 1 year but will normally limit extensions to 
a period of time equal to the in-life portion of the test plus 60 days.
    (4) EPA will normally approve only one deadline extension for each 
test.
    (5) Test sponsors should submit requests for test standard 
modifications as soon as they determine that the test

[[Page 18]]

cannot be successfully completed according to the test standard 
specified in the rule.

[50 FR 20657, May 17, 1985. Redesignated at 51 FR 23713, June 30, 1986, 
and amended at 52 FR 36571, Sept. 30, 1987; 54 FR 36314, Sept. 1, 1989; 
60 FR 34466, July 3, 1995]



Sec. 790.59  Failure to comply with a test rule.

    (a) Persons who notified EPA of their intent to conduct a test 
required in a test rule in part 799 of this chapter and who fail to 
conduct the test in accordance with the test standards and schedules 
adopted in the test rule, or as modified in accordance with Sec. 790.55, 
will be in violation of the rule.
    (b) Any person who fails or refuses to comply with any aspect of 
this part or a test rule under part 799 of this chapter is in violation 
of section 15 of the Act. EPA will treat violations of the Good 
Laboratory Practice standards as indicated in Sec. 792.17 of this 
chapter.



   Subpart D--Implementation, Enforcement and Modification of Consent 
                               Agreements

    Source: 51 FR 23715, June 30, 1986, unless otherwise noted.



Sec. 790.60  Contents of consent agreements.

    (a) Standard provisions. All consent agreements will contain the 
following provisions:
    (1) Identification of the chemical(s) to be tested.
    (2) The health effects, environmental effects and/or other 
characteristics for which testing will be required.
    (3) The names and addresses of each manufacturer and/or processor 
who will sign the agreement.
    (4) The name and address of the manufacturer, processor or other 
entity who has agreed to act as the principal test sponsor.
    (5) The technical or commercial grade, level of purity or other 
characteristics of the test substances(s) or mixture(s).
    (6) Standards for the development of test data.
    (7) A requirement that testing will be conducted in accordance with 
the EPA Good Laboratory Practice (GLP) regulations (40 CFR part 792).
    (8) Schedules with reasonable deadlines for submitting interim 
progress and/or final reports to EPA.
    (9) A requirement that the principal sponsor will submit a study 
plan to EPA in accordance with Sec. 790.62.
    (10) A statement that the results of testing conducted pursuant to 
the consent agreement will be announced to the public in accordance with 
the procedures specified in section 4(d) of the Act and that the 
disclosure of data generated by such testing will be governed by section 
14(b) of the Act.
    (11) A requirement that the manufacturers and/or processors signing 
the consent agreement will comply with the notification requirements of 
section 12(b)(1) of the Act and part 707 of this chapter if they export 
or intend to export the substance or mixture for which the submission of 
data is required under the agreement and a statement that any other 
person who exports or intends to export such substance or mixture is 
subject to the above cited export notification requirements.
    (12) A requirement that, in the event EPA promulgates a significant 
new use rule applicable to the test chemical under section 5(a)(2), the 
consent agreement will have the status of a test rule for purposes of 
section 5(b)(1)(A) and manufacturers and/or processors signing the 
agreement will comply with the data submission requirements imposed by 
that provision.
    (13) A statement that each manufacturer and/or processor signing the 
agreement agrees that violation of its requirements will constitute a 
``prohibited act'' under section 15(1) of the Act and will trigger all 
provisions of TSCA applicable to a violation of section 15.
    (14) A statement that, in the event one or more provisions of the 
agreement are determined to be unenforceable by a court, the remainder 
of the agreement would not be presumed to be valid and EPA will then 
either initiate a rulemaking proceeding or publish in the Federal 
Register the Administrator's reason for not initiating such a 
proceeding.
    (15) A statement that the Agency may conduct laboratory inspections

[[Page 19]]

and/or study audits of the testing being conducted pursuant to the 
consent agreement in accordance with the authority and procedures 
contained in section 11 of the Act.
    (16) A statement that EPA acceptance of a consent agreement 
constitutes ``final agency action'' for purposes of 5 U.S.C. 704.
    (17) Any other requirements that the parties agree are necessary to 
achieve the purposes of the Act.
    (b) Contents of standards for the development of data. The standards 
for the development of the data included in consent agreements will be 
based on the TSCA test guidelines in 40 CFR parts 796, 797, and 798, the 
Organization for Economic Cooperation and Development (OECD) test 
guidelines, the EPA pesticide assessment guidelines published by The 
National Technical Information Service (NTIS), or other suitable test 
methodologies. During the negotiation of consent agreements, EPA will 
initially propose suitable test guidelines as the required test 
standards; manufacturers and processors or other interested parties may 
then suggest alternative methodologies or modifications to the Agency's 
proposed guidelines. These alternative methodologies or modifications 
will be adopted only where, in the judgment of EPA, they will develop at 
least equally reliable and adequate data on the chemical substance or 
mixture subject to the agreement.
    (c) Statement of rationale for consent agreement. EPA will prepare a 
written explanation of the basis for each consent agreement. This 
document will summarize the agreement, describe any ITC testing 
recommendations for the chemical involved, outline the chemical's use 
and exposure characteristics, and explain the objectives of the testing 
to be conducted and the rationale for the specific studies selected. 
This document will be published in the Federal Register and, for ITC-
designated chemicals, will constitute the statement of EPA's reasons for 
not initiating rulemaking required by section 4(e)(1)(B) of the Act.

[51 FR 23715, June 30, 1986, as amended at 54 FR 36314, Sept. 1, 1989]



Sec. 790.62  Submission of study plans and conduct of testing.

    (a) Timing of submission. The principal sponsor of testing conducted 
pursuant to a consent agreement shall submit a study plan no later than 
45 days prior to the initiation of testing.
    (b) Content of study plans. All study plans are required to contain 
the following information:
    (1) Identity of the consent agreement under which testing will be 
performed.
    (2) The specific test requirements to be covered by the study plan.
    (3) The name and address of the principal test sponsor.
    (4) The names, addresses, and telephone numbers of the responsible 
administrative official[s] and project manager[s] in the principal 
sponsor's organization.
    (5) The names, addresses, and telephone numbers of the technical 
contacts at each manufacturer and/or processor subject to the agreement.
    (6) The names and addresses of the testing facilities responsible 
for the testing and the names, addresses, and telephone numbers of the 
administrative officials[s] and project manager[s] assigned to oversee 
the testing program at these facilities.
    (7) Brief summaries of the training and experience of each 
professional involved in the study, including study director, 
veterinarian[s], toxicologist[s], pathologist[s], chemist[s], 
microbiologist[s], and laboratory assistants.
    (8) Identity and supporting data on the chemical substance[s] being 
tested, including physical constants, spectral data, chemical analysis, 
and stability under test and storage conditions, as appropriate.
    (9) Study protocol, including the rationale for any combination of 
test protocols; the rationale for species/strain selection; dose 
selection (and supporting data); route(s) or method(s) of exposure; 
description of diet to be used and its source, including nutrients and 
contaminants and their concentrations; for in vitro test systems, a 
description of culture medium and its source; and a summary of expected 
spontaneous chronic diseases (including tumors), genealogy, and life 
span.

[[Page 20]]

    (10) A schedule, with reasonable timeables and deadlines, for 
initiation and completion of each short-term test and of each major 
phases of long-term tests, and submission of interim progress and/or 
final reports to EPA.
    (c) Review and modification. (1) Upon receipt of a study plan, EPA 
will review it to determine whether it complies with paragraph (b) of 
this section. If EPA determines that the study plan does not comply with 
paragraph (b) of this section, EPA will notify the submitter that the 
plan is incomplete and will identify the deficiencies and the steps 
necessary to complete the plan. It is the responsibility of the test 
sponsor to review the study protocols to determine if they comply with 
all the mandatory testing conditions and requirements in the test 
standards (i.e., ``shall statements'').
    (2) The submitter will have 15 days after the day it receives a 
notice under paragraph (c)(1) of this section to submit appropriate 
information to make the study plan complete.
    (3) If the submitter fails to provide appropriate information to 
complete a study plan within 15 days after having received a notice 
under paragraph (c)(1) of this section, the submitter will be considered 
to be in violation of the consent agreement and subject to enforcement 
proceedings pursuant to Sec. 790.65 (c) and (d).
    (4) The test sponsor shall submit any amendments to study plans to 
EPA at the address specified in Sec. 790.5(b).
    (d) Functions of the principal test sponsor. When testing is being 
conducted pursuant to a consent agreement, the principal test sponsor 
will be responsible for submitting interim progress and final reports to 
EPA, informing the Agency of any proposed changes in standards for the 
development of data, study plans or testing schedules, and communicating 
with the Agency about laboratory inspections and other matters affecting 
the progress of testing.

[51 FR 23715, June 30, 1986, as amended at 54 FR 36314, Sept. 1, 1989; 
60 FR 34466, July 3, 1995]



Sec. 790.65  Failure to comply with a consent agreement.

    (a) Manufacturers and/or processors who have signed a consent 
agreement and who fail to comply with the test requirements, test 
standards, GLP regulations, schedules, or other provisions contained in 
the consent agreement, or in modifications to the agreement adopted 
pursuant to Sec. 790.68, will be in violation of the consent agreement.
    (b) The Agency considers failure to comply with any aspect of a 
consent agreement to be a ``prohibited act'' under section 15 of TSCA, 
subject to all of the provisions of the Act applicable to violations of 
section 15. Section 15(1) of TSCA makes it unlawful for any person to 
fail or refuse to comply with any rule or order issued under section 4. 
Consent agreements adopted pursuant to this part are ``orders issued 
under section 4'' for purposes of section 15(1) of TSCA.
    (c) Manufacturers and/or processors who violate consent agreements 
are subject to criminal and/or civil liability. Under the penalty 
provisions of section 16 of TSCA, such firms could be subject to a civil 
penalty of up to $25,000 per violation with each day in violation 
constituting a separate violation of section 15. Intentional violations 
could lead to the imposition of criminal penalties of up to $25,000 for 
each day of violation and imprisonment for up to one year. In addition, 
EPA could invoke the remedies available under section 17 of TSCA, 
including seeking an injunction to compel adherence to the requirements 
of the consent agreement.
    (d) Noncompliance with a consent agreement will constitute conduct 
``in violation of this Act'' under section 20(a)(1) of TSCA. Thus, 
failure to comply with the requirements of a consent agreement could 
result in a citizens' civil action under section 20(a)(1) of TSCA.



Sec. 790.68  Modification of consent agreements.

    (a) Changes in the scope of testing. (1) Manufacturers or processors 
subject to a consent agreement, other persons or EPA may seek 
modifications in the scope of testing performed under the consent 
agreement. If, upon receiving a request for modification, EPA determines 
that new issues have been raised that warrant reconsideration of the 
scope of testing, or if EPA determines

[[Page 21]]

on its own that such reconsideration is appropriate, EPA will publish a 
Federal Register notice describing the proposed modification and 
soliciting public comment. If, based on the comments received, EPA 
concludes that differences of opinion may exist about the proposed 
modification, EPA will establish a schedule for conducting negotiations 
and invite parties who wish to participate in or monitor these 
negotiations to contact the Agency in writing. Any negotiations that EPA 
conducts will conform to the procedures specified in Sec. 790.22(b).
    (2) The scope of testing required by a consent agreement will be 
modified only where there is a consensus concerning the modified testing 
requirements among EPA, affected manufacturers and/or processors, and 
other persons who have asked to participate in or monitor negotiations 
under paragraph (a)(1) of this section. In determining whether a 
consensus exists, EPA will employ the criteria specified in Sec. 790.24. 
In the absence of consensus, EPA may initiate rulemaking under section 
4(a) of the Act if it concludes that any testing beyond that required by 
the consent agreement is necessary and that the other statutory findings 
required by section 4(a) can be made. While such rulemaking proceedings 
are underway, the consent agreement will remain in effect unless EPA 
finds that the testing required by the agreement is or may be 
unnecessary in view of the testing requirements included in EPA's 
proposed rule.
    (b) Changes in test standards or schedules. (1) Any test sponsor who 
wishes to modify the test schedule for any test required under a consent 
order must submit an application in accordance with this paragraph. 
Application for modification must be made in writing to EPA at the 
address in Sec. 790.5(b), or by phone with written confirmation to 
follow within 10 working days. Applications must include an appropriate 
explanation and rationale for the modification. EPA will consider only 
those applications that request modifications to mandatory testing 
conditions or requirements (``shall statements'' in the consent order). 
Where a test sponsor requests EPA to provide guidance or to clarify a 
non-mandatory testing requirement (i.e., ``should statements''), the 
test sponsor should submit these requests to EPA at the address in 
section 790.5(b).
    (2)(i) Where EPA concludes that the requested modification of a test 
standard or schedule for a test required under a consent agreement is 
appropriate, EPA will proceed in accordance with this paragraph (b)(2).
    (ii) Where, in EPA's judgment, the requested modification of a test 
standard or schedule would not alter the scope of the test or 
significantly change the schedule for completing the test, EPA will not 
ask for public comment before approving the modification. EPA will 
notify the test sponsor, and any other persons who have signed the 
consent agreement, by letter of EPA's approval. EPA will place copies of 
each application and EPA approval letter in the administrative record 
maintained for the consent agreement in question. EPA will publish a 
notice annually in the Federal Register indicating the test standards or 
schedules for test required in consent agreements which have been 
modified under this paragraph (b)(2)(ii) and describing the nature of 
the modifications.
    (iii) Where, in EPA's judgment, the requested modification of a test 
standard or schedule would significantly alter the scope of the test or 
significantly change the schedule for completing the test, EPA will 
publish a notice in the Federal Register requesting comment on the 
proposed modification. However, EPA will approve a requested 
modification of a test standard under paragraph (b)(2)(iii) of this 
section without first seeking public comment if EPA believes that an 
immediate modification to the test standard is necessary to preserve the 
accuracy or validity of an ongoing test. EPA also may modify a testing 
requirement or test condition in a test standard if EPA determines that 
the completion or achievement of this requirement or condition is not 
technically feasible. EPA may approve a requested modification of a test 
schedule under paragraph (b)(2)(iii) of this section without first 
seeking public comment if EPA determines, on a case-by-case basis, that 
a delay of over 12 months is not the fault of the test sponsor and is 
due

[[Page 22]]

to unforeseen circumstances such as a lack of laboratory availability, 
lack of availability of suitable test substance (e.g., 14-C labelled 
test substance), lack of availability of healthy test organisms, or the 
unexpected failure of a long-term test. EPA will publish an annual 
notice in the Federal Register announcing the approval of any test 
standard modifications and test scheduled extensions under paragraph 
(b)(2)(iii) of this section, and provide a brief rationale of why the 
modification was granted.
    (iv) For purposes of this paragraph (b)(2), a requested modification 
of a test standard of schedule for a test required under a consent 
agreement would alter the scope of the test or significantly change the 
schedule for completing the test if the modification would:
    (A) Change the test species.
    (B) Change the route of administration of the test chemical.
    (C) Change the period of time during which the test species is 
exposed to the test chemical.
    (D) Except as provided in paragraph (b)(2)(iii) of this section, 
extend the final reporting deadline more than 12 months from the date 
specified in the consent order.
    (3) Where EPA concludes that the requested modification of a test 
standard or schedule for a test requirement under a consent agreement is 
not appropriate, EPA will so notify the test sponsor in writing.
    (c) Timing. (1) Test sponsors should submit all applications for 
test schedule modifications at least 60 days before the reporting 
deadline for the test in question.
    (2) EPA will not normally approve any test schedule extensions 
submitted less than 30 days before the reporting deadline for the test 
in question.
    (3) Except as provided in paragraph (b)(2)(iii) of this section, EPA 
may grant extensions as shown necessary for up to 1 year but will 
normally limit extensions to a period of time equal to the in-life 
portion of the test plus 60 days.
    (4) EPA will normally approve only one deadline extension for each 
test.
    (5) Test sponsors should submit requests for test standard 
modifications as soon as they determine that the test cannot be 
successfully completed according to the test standard specified in the 
consent order.

[51 FR 23715, June 30, 1986, as amended at 52 FR 36571, Sept. 30, 1987; 
54 FR 36314, Sept. 1, 1989; 60 FR 34466, July 3, 1995]



                  Subpart E--Exemptions From Test Rules

    Source: 50 FR 20660, May 17, 1985, unless otherwise noted.



Sec. 790.80  Submission of exemption applications.

    (a) Who should file applications. (1) Any manufacturer or processor 
subject to a test rule in part 799 of this chapter may submit an 
application to EPA for an exemption from performing any or all of the 
tests required under the test rule.
    (2) Processors will not be required to apply for an exemption or 
conduct testing unless EPA so specifies in a test rule or in a special 
Federal Register notice as described in Sec. 790.48(b)(2) under the 
following circumstances:
    (i) If testing is being required to allow evaluation of risks 
associated with manufacturing and processing or with distribution in 
commerce, use, or disposal of the chemical and manufacturers do not 
submit notice(s) of intent to conduct the required testing; or
    (ii) If testing is being required solely to allow evaluation of 
risks associated with processing of the chemical.
    (b) When applications must be filed. (1) Exemption applications must 
be filed within 30 days after the effective date of the test rule 
described in Sec. 790.40 or, if being submitted in compliance with the 
Federal Register notice described in Sec. 790.48(b)(2), within 30 days 
after the publication of that notice.
    (2) Exemption applications must be filed by the date manufacture or 
processing begins by any person not manufacturing or processing the 
subject chemical as of the effective date of the test rule described in 
Sec. 790.40 or by 30 days after the effective date of the test rule 
described in Sec. 790.40, who, before the end of the reimbursement 
period, manufactures or processes the test substance and who is subject 
to the requirement to submit either a letter of

[[Page 23]]

intent to test or an exemption application.
    (3) When both manufacturers and processors are subject to the rule, 
exemption applications must be filed by the date processing begins by 
any person not processing as of the effective date of the test rule 
described in Sec. 790.40 or by 30 days after publication of the Federal 
Register notice described in Sec. 790.48(b)(2) who, before the end of 
the reimbursement period, processes the test substance and who is 
subject to the requirement to submit either a letter of intent to test 
or an exemption application.
    (c) Scope of application. A person may apply for an exemption from 
all, or one or more, specific testing requirements in a test rule in 
part 799 of this chapter.

[50 FR 20660, May 17, 1985, as amended at 58 FR 34205, June 23, 1993]



Sec. 790.82  Content of exemption application.

    The exemption application must contain:
    (a) The identity of the test rule, the chemical identity, and the 
CAS No. of the test substance on which the application is based.
    (b) The specific testing requirement(s) from which an exemption is 
sought and the basis for the exemption request.
    (c) Name, address, and telephone number of applicant.
    (d) Name, address, and telephone number of appropriate individual to 
contact for further information.
    (e)(1) If required in the test rule to establish equivalence:
    (i) The chemical identity of the test substance on which the 
application is based.
    (ii) Equivalence data specified in Sec. 790.85.
    (2) If a test rule requires testing of a single representative 
substance, EPA will consider all forms of the chemical subject to that 
rule to be equivalent and will not require the submission of equivalence 
data as described in Sec. 790.85.

[50 FR 20660, May 17, 1985, as amended at 54 FR 36315, Sept. 1, 1989]



Sec. 790.85  Submission of equivalence data.

    If EPA requires in a test rule promulgated under section 4 of the 
Act the testing of two or more test substances which are forms of the 
same chemical, each exemption applicant must submit the following data:
    (a) The chemical identity of each technical-grade chemical substance 
or mixture manufactured and/or processed by the applicant for which the 
exemption is sought. The exact type of identifying data required will be 
specified in the test rule, but may include all characteristics and 
properties of the applicant's substance or mixture, such as boiling 
point, melting point, chemical analysis (including identification and 
amount of impurities), additives, spectral data, and other physical or 
chemical information that may be relevant in determining whether the 
applicant's substance or mixture is equivalent to the specific test 
substance.
    (b) The basis for the applicant's belief that the substance or 
mixture is equivalent to the test substance or mixture.
    (c) Any other data which exemption applicants are directed to submit 
in the test rule which may bear on a determination of equivalence. This 
may include a description of the process by which each technical-grade 
chemical substance or mixture for which an exemption is sought is 
manufactured or processed prior to use or distribution in commerce by 
the applicant.



Sec. 790.87  Approval of exemption applications.

    (a) EPA will conditionally approve exemption applications if:
    (1)(i) For single-phase test rules, EPA has received a letter of 
intent to conduct the testing from which exemption is sought;
    (ii) For two-phase test rules, EPA has received a complete proposed 
study plan for the testing from which exemption is sought and has 
adopted the study plan, as proposed or modified, as test standards and 
schedules in a final Phase II test rule; and
    (2) The chemical substance or mixture with respect to which the 
application was submitted is equivalent to a test substance or mixture 
for which the

[[Page 24]]

required data have been or are being submitted in accordance with a test 
rule; and
    (3) Submission of the required test data concerning that chemical 
substance or mixture would be duplicative of data which have been or are 
being submitted to EPA in accordance with a test rule.
    (b)(1) If a single representative substance is to be tested under a 
test rule, EPA will consider all forms of the chemical subject to that 
rule to be equivalent and will contact the exemption applicant only if 
information is missing or unclear.
    (2) If two or more representative substances are to be tested under 
a test rule, EPA will evaluate equivalence claims made in each exemption 
application according to the criteria discussed in the test rule.
    (i) If EPA finds an equivalence claim to be in error or inadequately 
supported, the applicant will be notified by certified mail. The 
applicant will be given 15 days to provide clarifying information.
    (ii) Exemption applicants will be notified that equivalence has been 
accepted or rejected.
    (c) The final Phase II test rule which adopts the study plans in 
two-phase rulemaking, a separate Federal Register notice in single-phase 
rulemaking, or a letter by certified mail will give exemption applicants 
final notice that they have received a conditional exemption. All 
conditional exemptions thus granted are contingent upon the test 
sponsors' successful completion of testing according to the 
specifications in the test rule.



Sec. 790.88  Denial of exemption application.

    (a) EPA may deny any exemption application if:
    (1) EPA determines that the applicant has failed to demonstrate that 
the applicant's chemical is equivalent to the test substance; or
    (2) The exemption applicant fails to submit any of the information 
specified in Sec. 790.82; or
    (3) The exemption applicant fails to submit any of the information 
specified in Sec. 790.85 if required in the test rule; or
    (4)(i) For single-phase test rules, EPA has not received a letter of 
intent to conduct the test for which exemption is sought; or
    (ii) For two-phase test rules, EPA has not received an adequate 
study plan for the test for which exemption is sought; or
    (5) The study sponsor(s) fails to initiate the required testing by 
the deadlines adopted in the test rule; or
    (6) The study sponsor(s) fails to submit data as required in the 
test standard and deadlines for submission of test data as adopted in 
the test rule or as modified in accordance with Sec. 790.55.
    (b) EPA will notify the exemption applicant by certified mail or 
Federal Register notice of EPA's determination that the exemption 
application is denied.



Sec. 790.90  Appeal of denial of exemption application.

    (a) Within 30 days after receipt of notification that EPA has denied 
an application for exemption, the applicant may file an appeal with EPA.
    (b) The appeal shall indicate the basis for the applicant's request 
for reconsideration.
    (c)(1) The applicant may also include a request for a hearing. 
Hearings will be held according to the procedures described in 
Sec. 790.97.
    (2) Hearing requests must be in writing and must be received by EPA 
within 30 days of receipt of the letter or publication of the Federal 
Register notice described in Sec. 790.88(b). Hearing requests must 
provide reasons why a hearing is necessary.
    (d) If EPA determines that there are material issues of fact, then 
the request for a hearing will be granted. If EPA denies a hearing 
request, EPA will base its decision on the written submission.
    (e) EPA will notify the applicant of its decision within 60 days 
after EPA receives the appeal described in paragraph (a) of this section 
or within 60 days after completion of a hearing described in paragraph 
(c) of this section.
    (f) The filing of an appeal from the denial of an exemption shall 
not act to stay the applicant's legal obligations under a test rule 
promulgated under section 4 of the Act.

[[Page 25]]



Sec. 790.93  Termination of conditional exemption.

    (a) EPA shall terminate a conditional exemption if it determines 
that:
    (1) The test which provided the basis for approval of the exemption 
application has not been started by the deadlines for initiation of 
testing adopted in the test rule or modified in accordance with 
Sec. 790.55; or
    (2) Data required by the test rule have not been generated in 
accordance with the test standards or submitted in accordance with the 
deadlines for submission of test data that were adopted in the test rule 
or modified in accordance with Sec. 790.55; or
    (3) The testing has not been conducted or the data have not been 
generated in accordance with the Good Laboratory Practice requirements 
in part 792 of this chapter.
    (b) If EPA determines that one or more of the criteria listed in 
paragraph (a) of this section has been met, EPA will notify each holder 
of an affected conditional exemption by certified mail or Federal 
Register notice of EPA's intent to terminate that conditional exemption.
    (c) Within 30 days after receipt of a letter of notification or 
publication of a notice in the Federal Register that EPA intends to 
terminate a conditional exemption, the exemption holder may submit 
information to rebut EPA's preliminary decision or notify EPA by letter 
of its intent to conduct the required test pursuant to the test standard 
established in the final test rule. Such a letter of intent shall 
contain all of the information required by Sec. 790.45(c).
    (d)(1) The exemption holder may also include a request for a 
hearing. Hearings will be held in accordance with the procedures set 
forth in Sec. 790.97.
    (2) Hearing requests must be in writing and must be received by EPA 
within 30 days after receipt of the letter or publication in the Federal 
Register notice described in paragraph (b) of this section.
    (e) EPA will notify the exemption holder by certified letter or by 
Federal Register notice of EPA's final decision concerning termination 
of conditional exemptions and will give instructions as to what actions 
the former exemption holder must take to avoid being found in violation 
of the test rule.



Sec. 790.97  Hearing procedures.

    (a) Hearing requests must be in writing to EPA and must include the 
applicant's basis for appealing EPA's decision.
    (b) If more than one applicant has requested a hearing on similar 
grounds, all of those appeals will be considered at the same hearing 
unless confidentiality claims preclude a joint hearing.
    (c) EPA will notify each applicant of EPA's decision within 60 days 
after the hearing.



Sec. 790.99  Statement of financial responsibility.

    Each applicant for an exemption shall submit the following sworn 
statement with his or her application:

    I understand that if this application is granted before the 
reimbursement period described in section 4(c)(3)(B) of TSCA expires, I 
must pay fair and equitable reimbursement to the person or persons who 
incurred or shared in the costs of complying with the requirement to 
submit data and upon whose data the granting of my application was 
based.

Appendix A to Subpart E--Schedule for Developing Consent Agreements and 
                               Test Rules

    EPA intends to follow the schedule set forth in this Appendix to 
evaluate testing candidates, conduct negotiations, develop consent 
agreements where appropriate, and propose and promulate test rules in 
those instances where testing can be required under section 4(a) of TSCA 
but agreement cannot be reached in timely manner on a consent agreement. 
Where deadlines are imposed by the statute, they are binding on EPA and 
will be observed by the Agency. The remaining dates represent targets 
that EPA intends to meet.
    This schedule is based on what EPA currently believes are reasonable 
target dates. As EPA gains experience with the process and determines 
the feasibility of these schedules, it may adjust the schedule 
accordingly. EPA will solicit public comment before implementing any 
changes in the schedule.

------------------------------------------------------------------------
           Week \1\                               Event
------------------------------------------------------------------------
0.............................  Receive ITC report, recommendation.
2.............................  Publish ITC report, 8(a) and 8(d)
                                 notices, and invitation for public
                                 participation in negotiations.

[[Page 26]]

 
3-6...........................  Comment period on ITC report.
6.............................  Public focus meeting.
7-14..........................  8(a) and 8(d) reporting period.
22............................  Public meeting on course-setting
                                 decision and deadline for requests to
                                 participate in negotiations.
22-30.........................  Negotiations.
32............................  EPA decision point: consent agreement or
                                 test rule.
------------------------------------------------------------------------
\1\ The dates contained in the left-hand column are calculated from the
  date EPA receives the ITC report recommending a chemical for testing.


------------------------------------------------------------------------
      Week          Consent Agreement      Week          Test Rule
------------------------------------------------------------------------
36-40..........  Comment period on          32-60  Rule preparation,
                  consent agreement.                agency review and
                                                    sign-off.
42.............  Comment resolution            62  Publish proposed rule
                  meeting if necessary.             in Federal
                                                    Register.\1\
48.............  Sign-off consent          70-106  Agency reviews
                  agreement and Federal             comments;
                  Register notice.                  preparation of final
                                                    rule or no-test
                                                    decision, agency
                                                    review and sign-
                                                    off.\1\
50.............  Publish Federal              108  Publish final rule or
                  Register notice.                  no-test decision in
                                                    Federal Register.\1\
------------------------------------------------------------------------
\1\ As stated in Sec.  790.26, EPA may publish an Advance Notice of
  Proposed Rulemaking (ANPR) where the testing recommendations of the
  ITC raise unusually novel and complex issues that require additional
  Agency review and opportunity for public comment. EPA intends to
  publish such ANPRs by Week 62 following receipt of the initial ITC
  report; to publish a proposed rule or decision-not-to-test by Week
  108; and to publish a final rule or notice terminating the rulemaking
  process by Week 154.

[51 FR 23717, June 30, 1986]



PART 791--DATA REIMBURSEMENT--Table of Contents




                      Subpart A--General Provisions

Sec.
791.1  Scope and authority.
791.2  Applicability.
791.3  Definitions.

                      Subpart B--Hearing Procedures

791.20  Initiation of reimbursement proceeding.
791.22  Consolidation of hearings.
791.27  Pre-hearing preparation.
791.29  Appointment of hearing officer.
791.30  Hearing procedures.
791.31  Expedited procedures.
791.34  Serving of notice.
791.37  The award.
791.39  Fees and expenses.

                   Subpart C--Basis for Proposed Order

791.40  Basis for the proposed order.
791.45  Processors.
791.48  Production volume.
791.50  Costs.
791.52  Multiple tests.

                            Subpart D--Review

791.60  Review.

                         Subpart E--Final Order

791.85  Availability of final Agency order.

                       Subpart F--Prohibited Acts

791.105  Prohibited acts.

    Authority: 15 U.S.C. 2603 and 2607.

    Source: 48 FR 31791, July 11, 1983, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 791.1  Scope and authority.

    (a) This part establishes procedures and criteria to be used in 
determining fair amounts of reimbursement for testing costs incurred 
under section 4(a) of the Toxic Substances Control Act (TSCA) (15 U.S.C. 
2603(a)).
    (b) Section 4(c) of TSCA requires EPA to develop rules for the 
determination of fair and equitable reimbursement (15 U.S.C. 2603 (c)).



Sec. 791.2  Applicability.

    (a) This rule is potentially applicable to all manufacturers, 
importers and processors who may be required by a specific test rule 
promulgated under section 4(a) of TSCA to conduct tests and submit data, 
and who seek the assistance of the Administrator in determining the 
amount or method of reimbursement. Persons subject to a test rule have 
an obligation from the date the test rule becomes effective until the 
end of the reimbursement period, either to test or to obtain an 
exemption and pay reimbursement.
    (b) The provisions of this rule will take effect only when private 
efforts to resolve a dispute have failed and a manufacturer or processor 
requests EPA's assistance.

[[Page 27]]



Sec. 791.3  Definitions.

    Terms defined in the Act, and not explicitly defined herein, are 
used with the meanings given in the Act.
    (a) The Act refers to the Toxic Substances Control Act (TSCA) (15 
U.S.C. 2601 et seq.).
    (b) The Agency or EPA refers to the Environmental Protection Agency.
    (c) Byproduct refers to a chemical substance produced without a 
separate commercial intent during the manufacture, processing, use or 
disposal of another chemical substance or mixture.
    (d) Dispute refers to a present controversy between parties subject 
to a test rule over the amount or method of reimbursement for the cost 
of developing health and environmental data on the test chemical.
    (e) Exemption holder refers to a manufacturer or processor, subject 
to a test rule, that has received an exemption under sections 4(c)(1) or 
4(c)(2) of TSCA from the requirement to conduct a test and submit data.
    (f) Impurity refers to a chemical substance unintentionally present 
with another chemical substance or mixture.
    (g) A party refers to a person subject to a section 4 test rule, 
who:
    (1) Seeks reimbursement from another person under these rules, or
    (2) From whom reimbursement is sought under these rules.
    (h) Reimbursement period refers to a period that begins when the 
data from the last non-duplicative test to be completed under a test 
rule is submitted to EPA and ends after an amount of time equal to that 
which had been required to develop that data or after 5 years, whichever 
is later.
    (i) Small business refers to a manufacturer or importer whose annual 
sales, when combined with those of its parent company (if any) are less 
than $30 million.
    (j) Test rule refers to a regulation ordering the development of 
data on health or environmental effects or chemical fate for a chemical 
substance or mixture pursuant to TSCA section 4(a).



                      Subpart B--Hearing Procedures



Sec. 791.20  Initiation of reimbursement proceeding.

    (a) When persons subject to a test rule are unable to reach an 
agreement on the amount or method of reimbursement for test data 
development as described in TSCA section 4(c)(3)(A), any of them may 
initiate a proceeding by filing two signed copies of a request for a 
hearing with a regional office of the American Arbitration Association 
and mailing a copy of the request to EPA, and to each person from whom 
they seek reimbursement, or who seeks reimbursement from them.
    (b) The request for hearing must contain the following:
    (1) The names and addresses of the filing party and its counsel, if 
any.
    (2) Identification of the test rule under which the dispute arose.
    (3) A list of the parties from whom reimbursement is sought or who 
are seeking reimbursement, a brief description of the attempts to reach 
agreement and a concise explanation of the issues on which the parties 
are unable to agree.
    (c) The request for a hearing shall be accompanied by the 
appropriate administrative fee, as provided in a current Fee Schedule of 
the American Arbitration Association.



Sec. 791.22  Consolidation of hearings.

    (a) Promptly upon receipt of the request for a hearing, the 
Administrator will publish a notice in the Federal Register, advising 
those subject to the test rule that a request for a hearing has been 
made.
    (b) Any other person wishing to participate in the hearing shall so 
notify EPA within 45 days of the Federal Register notice. EPA will 
promptly inform the regional office of the American Arbitration 
Association where the request has been filed of the additional parties.



Sec. 791.27  Pre-hearing preparation.

    (a) Responses to requests for hearings. After filing of the request 
for hearing, if any other party desires to file an answer it shall be 
made in writing and filed with the American Arbitration Association, and 
a copy thereof shall

[[Page 28]]

be mailed to the other parties within a period of fourteen days from the 
date of receiving the complete list of parties. After the hearing 
officer is appointed, however, no new or different claim may be 
submitted except with the hearing officer's consent.
    (b) Pre-hearing conference. At the request of the parties or at the 
discretion of the American Arbitration Association, a pre-hearing 
conference with a representative of the American Arbitration Association 
and the parties or their counsel will be scheduled in appropriate cases 
to arrange for an exchange of information and the stipulation of 
uncontested facts so as to expedite the proceedings.
    (c) Fixing of locale. The parties may mutually agree on the locale 
where the hearing is to be held. If the locale is not designated within 
45 days from the time the complete list of parties is received, the 
American Arbitration Association shall have power to determine the 
locale. Its decision shall be final and binding. If any party requests, 
and informs the other parties of its request, that the hearing be held 
in a specific locale and the other parties file no objection thereto 
within 14 days of the request, the locale shall be the one requested.
    (d) Time and place. The hearing officer shall fix the time and place 
for each hearing. The American Arbitration Association will mail notice 
to each party at least 14 days in advance.



Sec. 791.29  Appointment of hearing officer.

    (a) Qualifications of hearing officer. All hearing officers shall be 
neutral, subject to disqualification for the reasons specified in 
paragraph (f) of this section.
    (b) Appointment from panel. Promptly after receiving the complete 
list of parties at the close of the notice period described in 
Sec. 791.22, the American Arbitration Association shall submit 
simultaneously to each party to the dispute an identical list of names. 
Each party to the dispute shall have thirty days from the mailing date 
in which to cross off any names objected to, number the remaining names 
to indicate the order of preference, and return the list to the American 
Arbitration Association. If a party does not return the list within the 
time specified, all persons named therein shall be deemed acceptable to 
that party. From among the persons who have been approved on all lists, 
and in accordance with the designated order of mutual preference, the 
American Arbitration Association shall invite the acceptance of a 
hearing officer to serve. If the parties fail to agree upon any of the 
persons named, or if acceptable hearing officers are unable to act, or 
if for any other reason the appointment cannot be made from the 
submitted lists, the American Arbitration Association shall have the 
power to make the appointment without the submission of any additional 
list.
    (c) Nationality of hearing officer in international dispute. If one 
of the parties is a national or resident of a country other than the 
United States, the hearing officer shall upon the request of any party, 
be appointed from among the nationals of a country other than that of 
the parties.
    (d) Number of hearing officers. The dispute shall be heard and 
determined by one hearing officer unless the American Arbitration 
Association, in its discretion, directs that a greater number of hearing 
officers be appointed.
    (e) Notice of appointment. Notice of the appointment of the hearing 
officer, together with a copy of these rules, and the signed acceptance 
of the hearing officer shall be filed prior to the opening of the first 
hearing.
    (f) Disclosure and challenge procedure. A person appointed as 
hearing officer shall disclose to the American Arbitration Association 
any circumstances likely to affect impartiality, including any bias or 
any financial or personal interest in the result of the hearing or any 
past or present relationship with the parties or their counsel. Upon 
receipt of such information from such hearing officer or other source, 
the American Arbitration Association shall communicate such information 
to the parties, and, if it deems it appropriate to do so, to the hearing 
officer and others. Thereafter, the American Arbitration Association 
shall determine whether the hearing officer should be disqualified and 
shall inform the parties of its decision, which shall be conclusive.

[[Page 29]]

    (g) Vacancies. If any hearing officer should resign, die, withdraw, 
refuse, be disqualified or be unable to perform the duties of the 
office, the American Arbitration Association may, on proof satisfactory 
to it, declare the office vacant. Vacancies shall be filled in 
accordance with the applicable provisions of these rules and the matter 
shall be reheard unless the parties shall agree otherwise.



Sec. 791.30  Hearing procedures.

    (a) Representation by counsel. Any party may be represented by 
counsel. A party intending to be so represented shall notify the other 
parties and the American Arbitration Association of the name and address 
of counsel at least 5 days prior to the date set for the hearing at 
which counsel is first to appear. When a hearing is initiated by 
counsel, or where an attorney replies for the other party, such notice 
is deemed to have been given.
    (b) Stenographic record. The American Arbitration Association shall 
make the necessary arrangements for the taking of a stenographic record. 
The parties shall share the cost of such record.
    (c) Attendance at hearings. The hearing officer shall have the power 
to require the exclusion of anyone, including a party or other essential 
person, during the testimony of any witness to protect confidential 
business information. It shall be discretionary with the hearing officer 
to determine the propriety of the attendance of any other person.
    (d) Oaths. Hearing officers shall swear or affirm their neutrality 
and their dedication to a fair and equitable resolution. Witnesses shall 
swear or affirm that they are telling the truth.
    (e) Order of proceedings. (1) A hearing shall be opened by the 
filing of the oath of the hearing officer and by the recording of the 
place, time and date of the hearing, the presence of the hearing officer 
and parties, and counsel, if any, and by the receipt by the hearing 
officer of the request for hearing and answer, if any.
    (2) The hearing officer may, at the beginning of the hearing, ask 
for statements clarifying the issues involved.
    (3) The party or parties seeking reimbursement shall then present a 
claim and proofs and witnesses, who shall submit to questions or other 
examination. The party or parties from whom reimbursement is sought 
shall then present a defense and proofs and witnesses, who shall submit 
to questions or other examination. The hearing officer has discretion to 
vary this procedure but shall afford full and equal opportunity to all 
parties for the presentation of any material or relevant proofs.
    (4) Exhibits, when offered by any party, shall be received in 
evidence by the hearing officer. The names and addresses of all 
witnesses and exhibits in order received shall be made a part of the 
record.
    (f) Hearing in the absence of a party. A hearing may proceed in the 
absence of any party which, after due notice, fails to be present or 
fails to obtain an adjournment. An award shall not be made solely on the 
default of a party. The hearing officer shall require the parties who 
are present to submit such evidence as the hearing officer may require 
for the making of an award.
    (g) Evidence. (1) The parties may offer such evidence as they desire 
and shall produce such additional evidence as the hearing officer may 
deem necessary to an understanding and determination of the dispute. The 
hearing officer shall be the judge of the relevancy and materiality of 
the evidence offered and conformity to legal rules of evidence shall not 
be necessary. All evidence shall be taken in the presence of all the 
hearing officers and of all the parties, except where any of the parties 
is absent in default, has waived the right to be present, or has been 
excluded by the hearing officer to protect confidential business 
information.
    (2) All documents not filed with the hearing officer at the hearing, 
but arranged for by agreement of the parties, shall be filed with the 
American Arbitration Association for transmission to the hearing 
officer, according to the agreed-upon schedule. All parties shall be 
afforded opportunity to examine such documents.
    (h) Evidence by affidavit and filing of documents. The hearing 
officer shall receive and consider the evidence of witnesses by 
affidavit, but shall give it only such weight as the hearing officer

[[Page 30]]

deems it entitled to after consideration of any objections made to its 
admission.
    (i) Closing of hearings. The hearing officer shall specifically 
inquire of all parties whether they have any further proofs to offer or 
witnesses to be heard. Upon receiving negative replies, the hearing 
officer shall declare the hearings closed and record the time of closing 
of the hearing. If briefs are to be filed, the hearings shall be 
declared closed as of the final date set by the hearing officer for the 
receipt of briefs. If documents are to be filed as provided for in 
paragraph (g)(2) of this section and the date set for their receipt is 
later than that set for the receipt of briefs, the later date shall be 
the date of closing the hearings.
    (j) Reopening of hearings. The hearings may be reopened on the 
hearing officer's own motion, or upon application of a party at any time 
before the award is made. If the reopening of the hearings would prevent 
the making of the award within the specified time the matter may not be 
reopened, unless the parties agree upon the extension of the time limit.
    (k) Waiver of oral hearings. The parties may provide, by written 
agreement, for the waiver of oral hearings. If the parties are unable to 
agree as to the procedure, the American Arbitration Association shall 
specify a fair and equitable procedure.
    (l) Waiver of rules. Any party who proceeds with the hearing after 
knowledge that any provision or requirement of these rules has not been 
complied with and who fails to state objection thereto in writing, shall 
be deemed to have waived the right to object.
    (m) Extensions of time. The parties may modify any period of time by 
mutual agreement. The American Arbitration Association for good cause 
may extend any period of time established by these rules, except the 
time for making the award. (Sec. 791.37(a)) The American Arbitration 
Association shall notify the parties of any such extension of time and 
its reason therefor.
    (n) Communication with hearing officer. There shall be no direct 
communication between the parties and a hearing officer other than at 
oral hearings. Any other oral or written communications from the parties 
to the hearing officer shall be directed to the American Arbitration 
Association for transmittal to the hearing officer.



Sec. 791.31  Expedited procedures.

    Unless the American Arbitration Association in its discretion 
determines otherwise, the Expedited Procedures described in this section 
shall be applied in any case where the total claim of any party does not 
exceed $5,000, exclusive of interest and hearing costs, and may be 
applied in other cases if the parties agree.
    (a) Application of rules. The expedited hearings will be conducted 
according to the same procedures as the regular ones, except for those 
specifically changed by the expedited rules in this section, 
Sec. 791.31.
    (b) Notice by telephone. The parties shall accept all notices from 
the American Arbitration Association by telephone. Such notices by the 
American Arbitration Association shall subsequently be confirmed in 
writing to the parties. Notwithstanding the failure to confirm in 
writing any notice or objection hereunder, the proceeding shall 
nonetheless be valid if notice or obligation has, in fact, been given by 
telephone.
    (c) Appointment and qualifications of hearing officers. The American 
Arbitration Association shall submit simultaneously to each party to the 
dispute an identical list of five persons from which one hearing officer 
shall be appointed. Each party shall have the right to strike two names 
from the list on a peremptory basis. The list is returnable to the 
American Arbitration Association within 10 days from the date of 
mailing. If for any reasons the appointment cannot be made from the 
list, the American Arbitration Association shall have the authority to 
make the appointment without the submission of additional lists. Such 
appointment shall be subject to disqualification for the reasons 
specified in Sec. 791.29(f). The parties shall be given notice by 
telephone by the American Arbitration Association of the appointment of 
the hearing officer. The parties shall notify the American Arbitration 
Association, by telephone, within 7 days of any objections to the 
hearing

[[Page 31]]

officer(s) appointed. Any objection by a party to such hearing officer 
shall be confirmed in writing to the American Arbitration Association 
with a copy to the other parties.
    (d) Time and place of hearing. The hearing officer shall fix the 
date, time and place of the hearing. The American Arbitration 
Association will notify the parties by telephone, 7 days in advance of 
the hearing date. Formal notice of hearing will be sent by the American 
Arbitration Association to the parties.
    (e) The hearing. Generally, the hearing shall be completed within 1 
day. The hearing officer, for good cause shown, may schedule an 
additional hearing to be held within 5 days.
    (f) Time of award. Unless otherwise agreed to by the parties, the 
Award shall be rendered not later than 15 business days from the date of 
the closing of the hearing.



Sec. 791.34  Serving of notice.

    (a) Each party shall be deemed to have consented that any papers, 
notices or process necessary or proper for the initiation or 
continuation of a hearing under these rules and for any appeal to EPA or 
any court action in connection therewith may be served upon such party 
by mail addressed to such party or its attorney at its last known 
address or by personal service, within or without the state wherein the 
arbitration is to be held (whether such party be within or without the 
United States of America), provided that reasonable opportunity to be 
heard with regard thereto has been granted such party.
    (b) The American Arbitration Association shall, upon the written 
request of a party, furnish to such party, at its expense, certified 
facsimiles of any papers in the American Arbitration Association's 
possession that may be required in appeal to EPA or judicial proceedings 
relating to the hearing.



Sec. 791.37  The award.

    (a) Time of award. The award shall be made promptly by the hearing 
officer and, unless otherwise agreed by the parties, no later than 30 
days from the date of closing the hearings, or if oral hearings have 
been waived, from the date of transmitting the final statements and 
proofs to the hearing officer.
    (b) Form of award. The award shall be in writing and shall be signed 
either by the sole hearing officer or by at least a majority if there is 
more than one. It shall contain a concise statement of its basis and 
rationale, and a timetable for payment of any ordered reimbursement.
    (c) Delivery of award to parties. Parties shall accept as legal 
delivery of the award the delivery of the award or a true copy thereof 
by certified mail to the party at its last known address or to its 
attorney, or by personal service.



Sec. 791.39  Fees and expenses.

    (a) Administrative fees. (1) As a not-for-profit organization, the 
American Arbitration Association shall prescribe an Administrative Fee 
Schedule and a Refund Schedule to compensate it for the cost of 
providing administrative services. The schedule in effect at the time of 
filing or the time of refund shall be applicable.
    (2) The administrative fees shall be advanced by the initiating 
party or parties, subject to final apportionment by the hearing officer 
in the award. The administrative fee is increased by 10 percent of the 
original for each additional party.
    (3) Fees and expenses in excess of the limit contained in section 
26(b) of TSCA ($2,500 per person, or $100 per small business) will be 
paid by EPA.
    (b) Expenses. Subject to paragraph (a)(3) of this section, all 
expenses of the hearing, including the cost of recording (though not 
transcribing) the hearing and required traveling and other expenses of 
the hearing officer and of American Arbitration Association 
representatives, and the expenses of any witness or the cost of any 
proofs produced at the direct request of the hearing officer, shall be 
borne equally by the parties, unless they agree otherwise, or unless the 
hearing officer, in the award, assesses such expenses or any part 
thereof against any specified party or parties.
    (c) Hearing officer's fee. Hearing officers will normally serve 
without a fee. In prolonged or special cases the American Arbitration 
Association in consultation with the Administrator may

[[Page 32]]

determine that payment of a fee by the parties is appropriate and may 
establish a reasonable amount, taking into account the extent of service 
by the hearing officer and other relevant circumstances of the case. Any 
arrangements for compensation shall be made through the American 
Arbitration Association and not directly between the parties and the 
hearing officer.



                   Subpart C--Basis for Proposed Order



Sec. 791.40  Basis for the proposed order.

    (a) The hearing officer shall propose a fair and equitable amount of 
reimbursement. The formula in paragraph (b) of this section shall be 
presumed to be fair and equitable as applied to all persons subject to a 
test rule. However, the hearing officer has the discretion to modify the 
formula, or to use some other basis for allocation if necessary. 
Additional factors that may be taken into account include, but are not 
limited to, relative amounts of exposure attributable to each person and 
the effect of the reimbursement share on competitive position.
    (b) In general, each person's share of the test cost shall be in 
proportion to its share of the total production volume of the test 
chemical:
[GRAPHIC] [TIFF OMITTED] TC15NO91.044

Where:

R=the reimbursement share owed by company X.
C=the total cost of the testing required by the test rule.
Vx=the volume of the test chemical produced or imported by 
          company X over the period defined by Sec. 791.48.
Vt=the total volume of the test chemical produced or imported 
          over the period defined by Sec. 791.48.

    (c) The burden of proposing modifications to the formula shall lie 
with the party requesting the modification.



Sec. 791.45  Processors.

    (a) Generally, processors will be deemed to have fulfilled their 
testing and reimbursement responsibilities indirectly, through higher 
prices passed on by those directly responsible, the manufacturers. There 
are three circumstances in which processors will have a responsibility 
to provide reimbursement directly to those paying for the testing:
    (1) When a test rule or subsequent Federal Register notice 
pertaining to a test rule expressly obligates processors as well as 
manufacturers to assume direct testing and data reimbursement 
responsibilities.
    (2) When one or more manufacturers demonstrate to the hearing 
officer that it is necessary to include processors in order to provide 
fair and equitable reimbursement in a specific case.
    (3) When one or more processors voluntarily agree to reimburse 
manufacturers for a portion of test costs. Only those processors who 
volunteer will incur the obligation.
    (b) A hearing including processors shall be initiated in the same 
way as those including only manufacturers. Voluntary negotiations must 
be attempted in good faith first, and the request for a hearing must 
contain the names of the parties and a description of the unsuccessful 
negotiations.
    (c) When processors as well as manufacturers are required to provide 
reimbursement, the hearing officer will decide for each case how the 
reimbursement should be allocated among the participating parties. When 
a test rule is applicable solely to processors, the hearing officer will 
apply the formula to the amount of the test chemical purchased or 
processed.



Sec. 791.48  Production volume.

    (a) Production volume will be measured over a period that begins one 
calendar year before publication of the final test rule in the Federal 
Register and continues up to the latest data available upon resolution 
of a dispute.
    (b) For the purpose of determining fair reimbursement shares, 
production volume shall include amounts of the test chemical imported in 
bulk form and mixtures, and the total domestic production of the 
chemical including that produced as a byproduct. Impurities will not be 
included unless the test rule specifically includes them.

[[Page 33]]

    (c) Amounts of the test chemical manufactured for export will not be 
included unless covered by a finding under TSCA section 12(a)(2).
    (d) Chemicals excluded from the jurisdiction of TSCA by section 
3(2)(B) need not be included in the computation of production volume. 
(Chemicals used as intermediates to produce pesticides are covered by 
TSCA.)
    (e) The burden of establishing the fact that particular amounts of 
the test chemical are produced for exempt purposes lies with the party 
seeking to exclude those amounts from the calculation of his production 
volume.



Sec. 791.50  Costs.

    (a) All costs reasonable and necessary to comply with the test rule, 
taking into account the practices of other laboratories in conducting 
similar tests, are eligible for reimbursement. Necessary costs include:
    (1) Direct and indirect costs of planning, conducting, analyzing and 
submitting the test results to EPA.
    (2) A reasonable profit, and a reasonable rate of interest and 
depreciation on the tester's initial capital investment.
    (3) The cost of repeating or repairing tests where failure was 
demonstrably due to some cause other than negligence of the tester.
    (b) Costs attributable to tests beyond those specified by EPA shall 
not be eligible for reimbursement under this rule.



Sec. 791.52  Multiple tests.

    When more than one of a particular kind of test required by the test 
rule is performed, the additional costs will be shared among all those 
holding exemptions. The costs of all the tests will be added together 
and each exemption holder shall be responsible for a share of the total 
which is equal to its share of the total production of the test 
chemical. The exemption holders shall divide their shares between test 
sponsors in proportion to the costs of their respective tests. Those 
sponsoring a particular test do not have to obtain exemptions for that 
test and therefore do not have reimbursement responsibilities for the 
same tests done by others.



                            Subpart D--Review



Sec. 791.60  Review.

    (a) The hearing officer's proposed order shall become the final 
Agency order 30 days after issuance unless within the 30-day period one 
of the parties requests Agency review or the Administrator of his own 
initiative decides to review the proposed order.
    (b) The proposed order may be reviewed upon the record of the 
hearing and the petitions for review. If necesary, the Administrator may 
order the transcription of the stenographic record of the hearing, 
written briefs, oral arguments or any other reasonable aids to making an 
equitable decision.
    (c) The final Agency order may be reviewed in federal court as 
provided by 26 U.S.C. 2603(c).



                         Subpart E--Final Order



Sec. 791.85  Availablity of final Agency order.

    The final Agency order shall be available to the public for 
inspection and copying pursuant to 5 U.S.C. 552(a)(2), subject to 
necessary confidentiality restrictions.



                       Subpart F--Prohibited Acts



Sec. 791.105  Prohibited acts.

    Failure to provide information required by the Agency or to pay the 
amounts awarded under this rule within time alloted in the final order 
shall constitute a violation of 15 U.S.C. 2614(1) or 2614(3).



PART 792--GOOD LABORATORY PRACTICE STANDARDS--Table of Contents




                      Subpart A--General Provisions

Sec.
792.1  Scope.
792.3  Definitions.
792.10  Applicability to studies performed under grants and contracts.
792.12  Statement of compliance or non-compliance.
792.15  Inspection of a testing facility.
792.17  Effects of non-compliance.

                  Subpart B--Organization and Personnel

792.29  Personnel.

[[Page 34]]

792.31  Testing facility management.
792.33  Study director.
792.35  Quality assurance unit.

                          Subpart C--Facilities

792.41  General.
792.43  Test system care facilities.
792.45  Test system supply facilities.
792.47  Facilities for handling test, control, and reference substances.
792.49  Laboratory operation areas.
792.51  Specimen and data storage facilities.

                          Subpart D--Equipment

792.61  Equipment design.
792.63  Maintenance and calibration of equipment.

                 Subpart E--Testing Facilities Operation

792.81  Standard operating procedures.
792.83  Reagents and solutions.
792.90  Animal and other test system care.

           Subpart F--Test, Control, and Reference Substances

792.105  Test, control, and reference substance characterization.
792.107  Test, control, and reference substance handling.
792.113  Mixtures of substances with carriers.

             Subpart G--Protocol for and Conduct of A Study

792.120  Protocol.
792.130  Conduct of a study.
792.135  Physical and chemical characterization studies.

Subparts H-I  [Reserved]

                     Subpart J--Records and Reports

792.185  Reporting of study results.
792.190  Storage and retrieval of records and data.
792.195  Retention of records.

    Authority: 15 U.S.C. 2603.

    Source: 54 FR 34043, Aug. 17, 1989, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 792.1  Scope.

    (a) This part prescribes good laboratory practices for conducting 
studies relating to health effects, environmental effects, and chemical 
fate testing. This part is intended to ensure the quality and integrity 
of data submitted pursuant to testing consent agreements and test rules 
issued under section 4 of the Toxic Substances Control Act (TSCA) (Pub. 
L. 94-469, 90 Stat. 2006, 15 U.S.C. 2603 et seq.).
    (b) This part applies to any study described by paragraph (a) of 
this section which any person conducts, initiates, or supports on or 
after September 18, 1989.
    (c) It is EPA's policy that all data developed under section 5 of 
TSCA be in accordance with provisions of this part. If data are not 
developed in accordance with the provisions of this part, EPA will 
consider such data insufficient to evaluate the health and environmental 
effects of the chemical substances unless the submitter provides 
additional information demonstrating that the data are reliable and 
adequate.



Sec. 792.3  Definitions.

    As used in this part the following terms shall have the meanings 
specified:
    Batch means a specific quantity or lot of a test, control, or 
reference substance that has been characterized according to 
Sec. 792.105(a).
    Carrier means any material, including but not limited to, feed, 
water, soil, and nutrient media, with which the test substance is 
combined for administration to a test system.
    Control substance means any chemical substance or mixture, or any 
other material other than a test substance, feed, or water, that is 
administered to the test system in the course of a study for the purpose 
of establishing a basis for comparison with the test substance for 
chemical or biologicaI measurements.
    EPA means the U.S. Environmental Protection Agency.
    Experimental start date means the first date the test substance is 
applied to the test system.
    Experimental termination date means the last date on which data are 
collected directly from the study.
    FDA means the U.S. Food and Drug Administration.
    Person includes an individual, partnership, corporation, 
association, scientific or academic establishment, government agency, or 
organizational unit thereof, and any other legal entity.
    Quality assurance unit means any person or organizational element, 
except

[[Page 35]]

the study director, designated by testing facility management to perform 
the duties relating to quality assurance of the studies.
    Raw data means any laboratory worksheets, records, memoranda, notes, 
or exact copies thereof, that are the result of original observations 
and activities of a study and are necessary for the reconstruction and 
evaluation of the report of that study. In the event that exact 
transcripts of raw data have been prepared (e.g., tapes which have been 
transcribed verbatim, dated, and verified accurate by signature), the 
exact copy or exact transcript may be substituted for the original 
source as raw data. ``Raw data'' may include photographs, microfilm or 
microfiche copies, computer printouts, magnetic media, including 
dictated observations, and recorded data from automated instruments.
    Reference substance means any chemical substance or mixture, or 
analytical standard, or material other than a test substance, feed, or 
water, that is administered to or used in analyzing the test system in 
the course of a study for the purposes of establishing a basis for 
comparison with the test substance for known chemical or biological 
measurements.
    Specimen means any material derived from a test system for 
examination or analysis.
    Sponsor means:
    (1) A person who initiates and supports, by provision of financial 
or other resources, a study;
    (2) A person who submits a study to the EPA in response to a TSCA 
section 4(a) test rule and/or a person who submits a study under a TSCA 
section 4 testing consent agreement or a TSCA section 5 rule or order to 
the extent the agreement, rule or order references this part; or
    (3) A testing facility, if it both initiates and actually conducts 
the study.
    Study means any experiment at one or more test sites, in which a 
test substance is studied in a test system under laboratory conditions 
or in the environment to determine or help predict its effects, 
metabolism, environmental and chemical fate, persistence, or other 
characteristics in humans, other living organisms, or media. The term 
``study'' does not include basic exploratory studies carried out to 
determine whether a test substance or a test method has any potential 
utility.
    Study completion date means the date the final report is signed by 
the study director.
    Study director means the individual responsible for the overall 
conduct of a study.
    Study initiation date means the date the protocol is signed by the 
study director.
    Test substance means a substance or mixture administered or added to 
a test system in a study, which substance or mixture is used to develop 
data to meet the requirements of a TSCA section 4(a) test rule and/or is 
developed under a TSCA section 4 testing consent agreement or section 5 
rule or order to the extent the agreement, rule or order references this 
part.
    Test system means any animal, plant, microorganism, chemical or 
physical matrix, including but not limited to, soil or water, or 
components thereof, to which the test, control, or reference substance 
is administered or added for study. ``Test system'' also includes 
appropriate groups or components of the system not treated with the 
test, control, or reference substance.
    Testing facility means a person who actually conducts a study, i.e., 
actually uses the test substance in a test system. ``Testing facility'' 
encompasses only those operational units that are being or have been 
used to conduct studies.
    TSCA means the Toxic Substances Control Act (15 U.S.C, 2601 et seq.)
    Vehicle means any agent which facilitates the mixture, dispersion, 
or solubilization of a test substance with a carrier.



Sec. 792.10  Applicability to studies performed under grants and contracts.

    When a sponsor or other person utilizes the services of a consulting 
laboratory, contractor, or grantee to perform all or a part of a study 
to which this part applies, it shall notify the consulting laboratory, 
contractor, or grantee that the service is, or is part of, a study that 
must be conducted in compliance with the provisions of this part.

[[Page 36]]



Sec. 792.12  Statement of compliance or non-compliance.

    Any person who submits to EPA a test required by a testing consent 
agreement or a test rule issued under section 4 of TSCA shall include in 
the submission a true and correct statement, signed by the sponsor and 
the study director, of one of the following types:
    (a) A statement that the study was conducted in accordance with this 
part; or
    (b) A statement describing in detail all differences between the 
practices used in the study and those required by this part; or
    (c) A statement that the person was not a sponsor of the study, did 
not conduct the study, and does not know whether the study was conducted 
in accordance with this part.



Sec. 792.15  Inspection of a testing facility.

    (a) A testing facility shall permit an authorized employee or duly 
designated representative of EPA or FDA, at reasonable times and in a 
reasonable manner, to inspect the facility and to inspect (and in the 
case of records also to copy) all records and specimens required to be 
maintained regarding studies to which this part applies. The records 
inspection and copying requirements shall not apply to quality assurance 
unit records of findings and problems, or to actions recommended and 
taken, except the EPA may seek production of these records in litigation 
or formal adjudicatory hearings.
    (b) EPA will not consider reliable for purposes of showing that a 
chemical substance or mixture does not present a risk of injury to 
health or the environment any data developed by a testing facility or 
sponsor that refuses to permit inspection in accordance with this part. 
The determination that a study will not be considered reliable does not, 
however, relieve the sponsor of a required test of any obligation under 
any applicable statute or regulation to submit the results of the study 
to EPA.
    (c) Since a testing facility is a place where chemicals are stored 
or held, it is subject to inspection under section 11 of TSCA.



Sec. 792.17  Effects of non-compliance.

    (a) The sponsor or any other person who is conducting or has 
conducted a test to fulfill the requirements of a testing consent 
agreement or a test rule issued under section 4 of TSCA will be in 
violation of section 15 of TSCA if:
    (1) The test is not being or was not conducted in accordance with 
any requirement of this part;
    (2) Data or information submitted to EPA under this part (including 
the statement required by Sec. 792.12) include information or data that 
are false or misleading, contain significant omissions, or otherwise do 
not fulfill the requirements of this part; or
    (3) Entry in accordance with Sec. 792.15 for the purpose of auditing 
test data or inspecting test facilities is denied. Persons who violate 
the provisions of this part may be subject to civil or criminal 
penalties under section 16 of TSCA, legal action in United States 
district court under section 17 of TSCA, or criminal prosecution under 
18 U.S.C. 2 or 1001.
    (b) EPA, at its discretion, may not consider reliable for purposes 
of showing that a chemical substance or mixture does not present a risk 
of injury to health or the environment any study which was not conducted 
in accordance with this part. EPA, at its discretion, may rely upon such 
studies for purposes of showing adverse effects. The determination that 
a study will not be considered reliable does not, however, relieve the 
sponsor of a required test of the obligation under any applicable 
statute or regulation to submit the results of the study to EPA.
    (c) If data submitted to fulfill a requirement of a testing consent 
agreement or a test rule issued under section 4 of TSCA are not 
developed in accordance with this part, EPA may determine that the 
sponsor has not fulfilled its obligations under section 4 of TSCA and 
may require the sponsor to develop data in accordance with the 
requirements of this part in order to satisfy such obligations.

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                  Subpart B--Organization and Personnel



Sec. 792.29  Personnel.

    (a) Each individual engaged in the conduct of or responsible for the 
supervision of a study shall have education, training, and experience, 
or combination thereof, to enable that individual to perform the 
assigned functions.
    (b) Each testing facility shall maintain a current summary of 
training and experience and job description for each individual engaged 
in or supervising the conduct of a study.
    (c) There shall be a sufficient number of personnel for the timely 
and proper conduct of the study according to the protocol.
    (d) Personnel shall take necessary personal sanitation and health 
precautions designed to avoid contamination of test, control, and 
reference substances and test systems.
    (e) Personnel engaged in a study shall wear clothing appropriate for 
the duties they perform. Such clothing shall be changed as often as 
necessary to prevent microbiological, radiological, or chemical 
contamination of test systems and test, control, and reference 
substances.
    (f) Any individual found at any time to have an illness that may 
adversely affect the quality and integrity of the study shall be 
excluded from direct contact with test systems, test, control, and 
reference substances and any other operation or function that may 
adversely affect the study until the condition is corrected. All 
personnel shall be instructed to report to their immediate supervisors 
any health or medical conditions that may reasonably be considered to 
have an adverse effect on a study.



Sec. 792.31  Testing facility management.

    For each study, testing facility management shall:
    (a) Designate a study director as described in Sec. 792.33 before 
the study is initiated.
    (b) Replace the study director promptly if it becomes necessary to 
do so during the conduct of a study.
    (c) Assure that there is a quality assurance unit as described in 
Sec. 792.35.
    (d) Assure that test, control, and reference substances or mixtures 
have been appropriately tested for identity, strength, purity, 
stability, and uniformity, as applicable.
    (e) Assure that personnel, resources, facilities, equipment, 
materials and methodologies are available as scheduled.
    (f) Assure that personnel clearly understand the functions they are 
to perform.
    (g) Assure that any deviations from these regulations reported by 
the quality assurance unit are communicated to the study director and 
corrective actions are taken and documented.



Sec. 792.33  Study director.

    For each study, a scientist or other professional of appropriate 
education, training, and experience, or combination thereof, shall be 
identified as the study director. The study director has overall 
responsibility for the technical conduct of the study, as well as for 
the interpretation, analysis, documentation, and reporting of results, 
and represents the single point of study control. The study director 
shall assure that:
    (a) The protocol, including any change, is approved as provided by 
Sec. 792.120 and is followed.
    (b) All experimental data, including observations of unanticipated 
responses of the test system are accurately recorded and verified.
    (c) Unforeseen circumstances that may affect the quality and 
integrity of the study are noted when they occur, and corrective action 
is taken and documented.
    (d) Test systems are as specified in the protocol.
    (e) All applicable good laboratory practice regulations are 
followed.
    (f) All raw data, documentation, protocols, specimens, and final 
reports are transferred to the archives during or at the close of the 
study.



Sec. 792.35  Quality assurance unit.

    (a) A testing facility shall have a quality assurance unit which 
shall be responsible for monitoring each study to assure management that 
the facilities, equipment, personnel, methods, practices, records, and 
controls are in

[[Page 38]]

conformance with the regulations in this part. For any given study, the 
quality assurance unit shall be entirely separate from and independent 
of the personnel engaged in the direction and conduct of that study. The 
quality assurance unit shall conduct inspections and maintain records 
appropriate to the study.
    (b) The quality assurance unit shall:
    (1) Maintain a copy of a master schedule sheet of all studies 
conducted at the testing facility indexed by test substance and 
containing the test system, nature of study, date study was initiated, 
current status of each study, identity of the sponsor, and name of the 
study director.
    (2) Maintain copies of all protocols pertaining to all studies for 
which the unit is responsible.
    (3) Inspect each study at intervals adequate to ensure the integrity 
of the study and maintain written and properly signed records of each 
periodic inspection showing the date of the inspection, the study 
inspected, the phase or segment of the study inspected, the person 
performing the inspection, findings and problems, action recommended and 
taken to resolve existing problems, and any scheduled date for re-
inspection. Any problems which are likely to affect study integrity 
found during the course of an inspection shall be brought to the 
attention of the study director and management immediately.
    (4) Periodically submit to management and the study director written 
status reports on each study, noting any problems and the corrective 
actions taken.
    (5) Determine that no deviations from approved protocols or standard 
operating procedures were made without proper authorization and 
documentation.
    (6) Review the final study report to assure that such report 
accurately describes the methods and standard operating procedures, and 
that the reported results accurately reflect the raw data of the study.
    (7) Prepare and sign a statement to be included with the final study 
report which shall specify the dates inspections were made and findings 
reported to management and to the study director.
    (c) The responsibilities and procedures applicable to the quality 
assurance unit, the records maintained by the quality assurance unit, 
and the method of indexing such records shall be in writing and shall be 
maintained. These items including inspection dates, the study inspected, 
the phase or segment of the study inspected, and the name of the 
individual performing the inspection shall be made available for 
inspection to authorized employees or duly designated representatives of 
EPA or FDA.
    (d) An authorized employee or a duly designated representative of 
EPA or FDA shall have access to the written procedures established for 
the inspection and may request testing facility management to certify 
that inspections are being implemented, performed, documented, and 
followed up in accordance with this paragraph.



                          Subpart C--Facilities



Sec. 792.41  General.

    Each testing facility shall be of suitable size and construction to 
facilitate the proper conduct of studies. Testing facilities which are 
not located within an indoor controlled environment shall be of suitable 
location to facilitate the proper conduct of studies. Testing facilities 
shall be designed so that there is a degree of separation that will 
prevent any function or activity from having an adverse effect on the 
study.



Sec. 792.43  Test system care facilities.

    (a) A testing facility shall have a sufficient number of animal 
rooms or other test system areas, as needed, to ensure: proper 
separation of species or test systems, isolation of individual projects, 
quarantine or isolation of animals or other test systems, and routine or 
specialized housing of animals or other test systems.
    (1) In tests with plants or aquatic animals, proper separation of 
species can be accomplished within a room or area by housing them 
separately in different chambers or aquaria. Separation of species is 
unnecessary where the protocol specifies the simultaneous exposure of 
two or more species in the

[[Page 39]]

same chamber, aquarium, or housing unit.
    (2) Aquatic toxicity tests for individual projects shall be isolated 
to the extent necessary to prevent cross-contamination of different 
chemicals used in different tests.
    (b) A testing facility shall have a number of animal rooms or other 
test system areas separate from those described in paragraph (a) of this 
section to ensure isolation of studies being done with test systems or 
test, control, and reference substances known to be biohazardous, 
including volatile substances, aerosols, radioactive materials, and 
infectious agents.
    (c) Separate areas shall be provided, as appropriate, for the 
diagnosis, treatment, and control of laboratory test system diseases. 
These areas shall provide effective isolation for the housing of test 
systems either known or suspected of being diseased, or of being 
carriers of disease, from other test systems.
    (d) Facilities shall have proper provisions for collection and 
disposal of contaminated water, soil, or other spent materials. When 
animals are housed, facilities shall exist for the collection and 
disposal of all animal waste and refuse or for safe sanitary storage of 
waste before removal from the testing facility. Disposal facilities 
shall be so provided and operated as to minimize vermin infestation, 
odors, disease hazards, and environmental contamination.
    (e) Facilities shall have provisions to regulate environmental 
conditions (e.g., temperature, humidity, photoperiod) as specified in 
the protocol.
    (f) For marine test organisms, an adequate supply of clean sea water 
or artificial sea water (prepared from deionized or distilled water and 
sea salt mixture) shall be available. The ranges of composition shall be 
as specified in the protocol.
    (g) For freshwater organisms, an adequate supply of clean water of 
the appropriate hardness, pH, and temperature, and which is free of 
contaminants capable of interfering with the study shall be available as 
specified in the protocol.
    (h) For plants, an adequate supply of soil of the appropriate 
composition, as specified in the protocol, shall be available as needed.



Sec. 792.45  Test system supply facilities.

    (a) There shall be storage areas, as needed, for feed, nutrients, 
soils, bedding, supplies, and equipment. Storage areas for feed, 
nutrients, soils, and bedding shall be separated from areas where the 
test systems are located and shall be protected against infestation or 
contamination. Perishable supplies shall be preserved by appropriate 
means.
    (b) When appropriate, plant supply facilities shall be provided. 
These include:
    (1) Facilities, as specified in the protocol, for holding, 
culturing, and maintaining algae and aquatic plants.
    (2) Facilities, as specified in the protocol, for plant growth, 
including but not limited to, greenhouses, growth chambers, light banks, 
and fields.
    (c) When appropriate, facilities for aquatic animal tests shall be 
provided. These include but are not limited to aquaria, holding tanks, 
ponds, and ancillary equipment, as specified in the protocol.



Sec. 792.47  Facilities for handling test, control, and reference substances.

    (a) As necessary to prevent contamination or mixups, there shall be 
separate areas for:
    (1) Receipt and storage of the test, control, and reference 
substances.
    (2) Mixing of the test, control, and reference substances with a 
carrier, e.g., feed.
    (3) Storage of the test, control, and reference substance mixtures.
    (b) Storage areas for test, control, and/or reference substance and 
for test, control, and/or reference mixtures shall be separate from 
areas housing the test systems and shall be adequate to preserve the 
identity, strength, purity, and stability of the substances and 
mixtures.



Sec. 792.49  Laboratory operation areas.

    Separate laboratory space and other space shall be provided, as 
needed, for the performance of the routine and specialized procedures 
required by studies.

[[Page 40]]



Sec. 792.51  Specimen and data storage facilities.

    Space shall be provided for archives, limited to access by 
authorized personnel only, for the storage and retrieval of all raw data 
and specimens from completed studies.



                          Subpart D--Equipment



Sec. 792.61  Equipment design.

    Equipment used in the generation, measurement, or assessment of data 
and equipment used for facility environmental control shall be of 
appropriate design and adequate capacity to function according to the 
protocol and shall be suitably located for operation, inspection, 
cleaning, and maintenance.



Sec. 792.63  Maintenance and calibration of equipment.

    (a) Equipment shall be adequately inspected, cleaned, and 
maintained. Equipment used for the generation, measurement, or 
assessment of data shall be adequately tested, calibrated, and/or 
standardized.
    (b) The written standard operating procedures required under 
Sec. 792.81(b)(11) shall set forth in sufficient detail the methods, 
materials, and schedules to be used in the routine inspection, cleaning, 
maintenance, testing, calibration, and/or standardization of equipment, 
and shall specify, when appropriate, remedial action to be taken in the 
event of failure or malfunction of equipment. The written standard 
operating procedures shall designate the person responsible for the 
performance of each operation.
    (c) Written records shall be maintained of all inspection, 
maintenance, testing, calibrating, and/or standardizing operations. 
These records, containing the date of the operation, shall describe 
whether the maintenance operations were routine and followed the written 
standard operating procedures. Written records shall be kept of 
nonroutine repairs performed on equipment as a result of failure and 
malfunction. Such records shall document the nature of the defect, how 
and when the defect was discovered, and any remedial action taken in 
response to the defect.



                 Subpart E--Testing Facilities Operation



Sec. 792.81  Standard operating procedures.

    (a) A testing facility shall have standard operating procedures in 
writing, setting forth study methods that management is satisfied are 
adequate to insure the quality and integrity of the data generated in 
the course of a study. All deviations in a study from standard operating 
procedures shall be authorized by the study director and shall be 
documented in the raw data. Significant changes in established standard 
operating procedures shall be properly authorized in writing by 
management.
    (b) Standard operating procedures shall be established for, but not 
limited to, the following:
    (1) Test system room preparation.
    (2) Test system care.
    (3) Receipt, identification, storage, handling, mixing, and method 
of sampling of the test, control, and reference substances.
    (4) Test system observations.
    (5) Laboratory or other tests.
    (6) Handling of test systems found moribund or dead during study.
    (7) Necropsy of test systems or postmortem examination of test 
systems.
    (8) Collection and identification of specimens.
    (9) Histopathology.
    (10) Data handling, storage and retrieval.
    (11) Maintenance and calibration of equipment.
    (12) Transfer, proper placement, and identification of test systems.
    (c) Each laboratory or other study area shall have immediately 
available manuals and standard operating procedures relative to the 
laboratory or field procedures being performed. Published literature may 
be used as a supplement to standard operating procedures.
    (d) A historical file of standard operating procedures, and all 
revisions thereof, including the dates of such revisions, shall be 
maintained.



Sec. 792.83  Reagents and solutions.

    All reagents and solutions in the laboratory areas shall be labeled 
to indicate identity, titer or concentration,

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storage requirements, and expiration date. Deteriorated or outdated 
reagents and solutions shall not be used.



Sec. 792.90  Animal and other test system care.

    (a) There shall be standard operating procedures for the housing, 
feeding, handling, and care of animals and other test systems.
    (b) All newly received test systems from outside sources shall be 
isolated and their health status or appropriateness for the study shall 
be evaluated. This evaluation shall be in accordance with acceptable 
veterinary medical practice or scientific methods.
    (c) At the initiation of a study, test systems shall be free of any 
disease or condition that might interfere with the purpose or conduct of 
the study. If during the course of the study, the test systems contract 
such a disease or condition, the diseased test systems should be 
isolated, if necessary. These test systems may be treated for disease or 
signs of disease provided that such treatment does not interfere with 
the study. The diagnosis, authorization of treatment, description of 
treatment, and each date of treatment shall be documented and shall be 
retained.
    (d) Warm-blooded animals, adult reptiles, and adult terrestrial 
amphibians used in laboratory procedures that require manipulations and 
observations over an extended period of time, or in studies that require 
these test systems to be removed from and returned to their test system-
housing units for any reason (e.g., cage cleaning, treatment, etc.), 
shall receive appropriate identification (e.g., tattoo, color code, ear 
tag, ear punch, etc.). All information needed to specifically identify 
each test system within the test system-housing unit shall appear on the 
outside of that unit. Suckling mammals and juvenile birds are excluded 
from the requirement of individual identification unless otherwise 
specified in the protocol.
    (e) Except as specified in paragraph (e)(1) of this section, test 
systems of different species shall be housed in separate rooms when 
necessary. Test systems of the same species, but used in different 
studies, should not ordinarily be housed in the same room when 
inadvertent exposure to test, control, or reference substances or test 
system mixup could affect the outcome of either study. If such mixed 
housing is necessary, adequate differentiation by space and 
identification shall be made.
    (1) Plants, invertebrate animals, aquatic vertebrate animals, and 
organisms that may be used in multispecies tests need not be housed in 
separate rooms, provided that they are adequately segregated to avoid 
mixup and cross contamination.
    (2) [Reserved]
    (f) Cages, racks, pens, enclosures, aquaria, holding tanks, ponds, 
growth chambers, and other holding, rearing, and breeding areas, and 
accessory equipment, shall be cleaned and sanitized at appropriate 
intervals.
    (g) Feed, soil, and water used for the test systems shall be 
analyzed periodically to ensure that contaminants known to be capable of 
interfering with the study and reasonably expected to be present in such 
feed, soil, or water are not present at levels above those specified in 
the protocol. Documentation of such analyses shall be maintained as raw 
data.
    (h) Bedding used in animal cages or pens shall not interfere with 
the purpose or conduct of the study and shall be changed as often as 
necessary to keep the animals dry and clean.
    (i) If any pest control materials are used, the use shall be 
documented. Cleaning and pest control materials that interfere with the 
study shall not be used.
    (j) All plant and animal test systems shall be acclimatized to the 
environmental conditions of the test, prior to their use in a study.



           Subpart F--Test, Control, and Reference Substances



Sec. 792.105  Test, control, and reference substance characterization.

    (a) The identity, strength, purity, and composition, or other 
characteristics which will appropriately define the test, control, or 
reference substance shall be determined for each batch and shall be 
documented before its use in a study. Methods of synthesis, fabrication, 
or derivation of the test, control,

[[Page 42]]

or reference substance shall be documented by the sponsor or the testing 
facility, and such location of documentation shall be specified.
    (b) When relevant to the conduct of the study the solubility of each 
test, control, or reference substance shall be determined by the testing 
facility or the sponsor before the experimental start date. The 
stability of the test, control or reference substance shall be 
determined before the experimental start date or concomitantly according 
to written standard operating procedures, which provide for periodic 
analysis of each batch.
    (c) Each storage container for a test, control, or reference 
substance shall be labeled by name, chemical abstracts service number 
(CAS) or code number, batch number, expiration date, if any, and, where 
appropriate, storage conditions necessary to maintain the identity, 
strength, purity, and composition of the test, control, or reference 
substance. Storage containers shall be assigned to a particular test 
substance for the duration of the study.
    (d) For studies of more than 4 weeks experimental duration, reserve 
samples from each batch of test, control, and reference substances shall 
be retained for the period of time provided by Sec. 792.195.
    (e) The stability of test, control, and reference substances under 
storage conditions at the test site shall be known for all studies.



Sec. 792.107  Test, control, and reference substance handling.

    Procedures shall be established for a system for the handling of the 
test, control, and reference substances to ensure that:
    (a) There is proper storage.
    (b) Distribution is made in a manner designed to preclude the 
possibility of contamination, deterioration, or damage.
    (c) Proper identification is maintained throughout the distribution 
process.
    (d) The receipt and distribution of each batch is documented. Such 
documentation shall include the date and quantity of each batch 
distributed or returned.



Sec. 792.113  Mixtures of substances with carriers.

    (a) For each test, control, or reference substance that is mixed 
with a carrier, tests by appropriate analytical methods shall be 
conducted:
    (1) To determine the uniformity of the mixture and to determine, 
periodically, the concentration of the test, control, or reference 
substance in the mixture.
    (2) When relevant to the conduct of the experiment, to determine the 
solubility of each test, control, or reference substance in the mixture 
by the testing facility or the sponsor before the experimental start 
date.
    (3) To determine the stability of the test, control or reference 
substance in the mixture before the experimental start date or 
concomitantly according to written standard operating procedures, which 
provide for periodic analysis of each batch.
    (b) Where any of the components of the test, control, or reference 
substance carrier mixture has an expiration date, that date shall be 
clearly shown on the container. If more than one component has an 
expiration date, the earliest date shall be shown.
    (c) If a vehicle is used to facilitate the mixing of a test 
substance with a carrier, assurance shall be provided that the vehicle 
does not interfere with the integrity of the test.



             Subpart G--Protocol for and Conduct of A Study



Sec. 792.120  Protocol.

    (a) Each study shall have an approved written protocol that clearly 
indicates the objectives and all methods for the conduct of the study. 
The protocol shall contain but shall not necessarily be limited to the 
following information:
    (1) A descriptive title and statement of the purpose of the study.
    (2) Identification of the test, control, and reference substance by 
name, chemical abstracts service (CAS) number or code number.
    (3) The name and address of the sponsor and the name and address of 
the testing facility at which the study is being conducted.

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    (4) The proposed experimental start and termination dates.
    (5) Justification for selection of the test system.
    (6) Where applicable, the number, body weight, sex, source of 
supply, species, strain, substrain, and age of the test system.
    (7) The procedure for identification of the test system.
    (8) A description of the experimental design, including methods for 
the control of bias.
    (9) Where applicable, a description and/or identification of the 
diet used in the study as well as solvents, emulsifiers and/or other 
materials used to solubilize or suspend the test, control, or reference 
substances before mixing with the carrier. The description shall include 
specifications for acceptable levels of contaminants that are reasonably 
expected to be present in the dietary materials and are known to be 
capable of interfering with the purpose or conduct of the study if 
present at levels greater than established by the specifications.
    (10) The route of administration and the reason for its choice.
    (11) Each dosage level, expressed in milligrams per kilogram of body 
or test system weight or other appropriate units, of the test, control, 
or reference substance to be administered and the method and frequency 
of administration.
    (12) The type and frequency of tests, analyses, and measurements to 
be made.
    (13) The records to be maintained.
    (14) The date of approval of the protocol by the sponsor and the 
dated signature of the study director.
    (15) A statement of the proposed statistical method.
    (b) All changes in or revisions of an approved protocol and the 
reasons therefor shall be documented, signed by the study director, 
dated, and maintained with the protocol.



Sec. 792.130  Conduct of a study.

    (a) The study shall be conducted in accordance with the protocol.
    (b) The test systems shall be monitored in conformity with the 
protocol.
    (c) Specimens shall be identified by test system, study, nature, and 
date of collection. This information shall be located on the specimen 
container or shall accompany the specimen in a manner that precludes 
error in the recording and storage of data.
    (d) In animal studies where histopathology is required, records of 
gross findings for a specimen from postmortem observations shall be 
available to a pathologist when examining that specimen 
histopathologically.
    (e) All data generated during the conduct of a study, except those 
that are generated by automated data collection systems, shall be 
recorded directly, promptly, and legibly in ink. All data entries shall 
be dated on the day of entry and signed or initialed by the person 
entering the data. Any change in entries shall be made so as not to 
obscure the original entry, shall indicate the reason for such change, 
and shall be dated and signed or identified at the time of the change. 
In automated data collection systems, the individual responsible for 
direct data input shall be identified at the time of data input. Any 
change in automated data entries shall be made so as not to obscure the 
original entry, shall indicate the reason for change, shall be dated, 
and the responsible individual shall be identified.



Sec. 792.135  Physical and chemical characterization studies.

    (a) All provisions of the GLPs shall apply to physical and chemical 
characterization studies designed to determine stability, solubility, 
octanol water partition coefficient, volatility, and persistence (such 
as biodegradation, photodegradation, and chemical degradation studies).
    (b) The following GLP standards shall not apply to studies designed 
to determine physical and chemical characteristics of a test, control, 
or reference substance:

Section 792.31 (c), (d), and (g)
Section 792.35 (b) and (c)
Section 792.43
Section 792.45
Section 792.47
Section 792.49
Section 792.81(b) (1), (2), (6) through (9), and (12)
Section 792.90
Section 792.105 (a) through (d)

[[Page 44]]

Section 792.113
Section 792.120(a) (5) through (12), and (15)
Section 792.185(a) (5) through (8), (10), (12), and (14)
Section 792.195 (c) and (d)

Subparts H-I  [Reserved]



                     Subpart J--Records and Reports



Sec. 792.185  Reporting of study results.

    (a) A final report shall be prepared for each study and shall 
include, but not necessarily be limited to, the following:
    (1) Name and address of the facility performing the study and the 
dates on which the study was initiated and was completed, terminated, or 
discontinued.
    (2) Objectives and procedures stated in the approved protocol, 
including any changes in the original protocol.
    (3) Statistical methods employed for analyzing the data.
    (4) The test, control, and reference substances identified by name, 
chemical abstracts service (CAS) number or code number, strength, 
purity, and composition, or other appropriate characteristics.
    (5) Stability, and when relevant to the conduct of the study, the 
solubility of the test, control, and reference substances under the 
conditions of administration.
    (6) A description of the methods used.
    (7) A description of the test system used. Where applicable, the 
final report shall include the number of animals or other test organisms 
used, sex, body weight range, source of supply, species, strain and 
substrain, age, and procedure used for identification.
    (8) A description of the dosage, dosage regimen, route of 
administration, and duration.
    (9) A description of all circumstances that may have affected the 
quality or integrity of the data.
    (10) The name of the study director, the names of other scientists 
or professionals and the names of all supervisory personnel, involved in 
the study.
    (11) A description of the transformations, calculations, or 
operations performed on the data, a summary and analysis of the data, 
and a statement of the conclusions drawn from the analysis.
    (12) The signed and dated reports of each of the individual 
scientists or other professionals involved in the study, including each 
person who, at the request or direction of the testing facility or 
sponsor, conducted an analysis or evaluation of data or specimens from 
the study after data generation was completed.
    (13) The locations where all specimens, raw data, and the final 
report are to be stored.
    (14) The statement prepared and signed by the quality assurance unit 
as described in Sec. 792.35(b)(7).
    (b) The final report shall be signed and dated by the study 
director.
    (c) Corrections or additions to a final report shall be in the form 
of an amendment by the study director. The amendment shall clearly 
identify that part of the final report that is being added to or 
corrected and the reasons for the correction or addition, and shall be 
signed and dated by the person responsible. Modification of a final 
report to comply with the submission requirements of EPA does not 
constitute a correction, addition, or amendment to a final report.
    (d) A copy of the final report and of any amendment to it shall be 
maintained by the sponsor and the test facility.



Sec. 792.190  Storage and retrieval of records and data.

    (a) All raw data, documentation, records, protocols, specimens, and 
final reports generated as a result of a study shall be retained. 
Specimens obtained from mutagenicity tests, specimens of soil, water, 
and plants, and wet specimens of blood, urine, feces, and biological 
fluids, do not need to be retained after quality assurance verification. 
Correspondence and other documents relating to interpretation and 
evaluation of data, other than those documents contained in the final 
report, also shall be retained.
    (b) There shall be archives for orderly storage and expedient 
retrieval of all raw data, documentation, protocols, specimens, and 
interim and final reports. Conditions of storage shall minimize 
deterioration of the documents or

[[Page 45]]

specimens in accordance with the requirements for the time period of 
their retention and the nature of the documents of specimens. A testing 
facility may contract with commercial archives to provide a repository 
for all material to be retained. Raw data and specimens may be retained 
elsewhere provided that the archives have specific reference to those 
other locations.
    (c) An individual shall be identified as responsible for the 
archives.
    (d) Only authorized personnel shall enter the archives.
    (e) Material retained or referred to in the archives shall be 
indexed to permit expedient retrieval.



Sec. 792.195  Retention of records.

    (a) Record retention requirements set forth in this section do not 
supersede the record retention requirements of any other regulations in 
this subchapter.
    (b)(1) Except as provided in paragraph (c) of this section, 
documentation records, raw data, and specimens pertaining to a study and 
required to be retained by this part shall be retained in the archive(s) 
for a period of at least ten years following the effective date of the 
applicable final test rule.
    (2) In the case of negotiated testing agreements, each agreement 
will contain a provision that, except as provided in paragraph (c) of 
this section, documentation records, raw data, and specimens pertaining 
to a study and required to be retained by this part shall be retained in 
the archive(s) for a period of at least ten years following the 
publication date of the acceptance of a negotiated test agreement.
    (3) In the case of testing submitted under section 5, except for 
those items listed in paragraph (c) of this section, documentation 
records, raw data, and specimens pertaining to a study and required to 
be retained by this part shall be retained in the archive(s) for a 
period of at least five years following the date on which the results of 
the study are submitted to the agency.
    (c) Wet specimens, samples of test, control, or reference 
substances, and specially prepared material which are relatively fragile 
and differ markedly in stability and quality during storage, shall be 
retained only as long as the quality of the preparation affords 
evaluation. Specimens obtained from mutagenicity tests, specimens of 
soil, water, and plants, and wet specimens of blood, urine, feces, 
biological fluids, do not need to be retained after quality assurance 
verification. In no case shall retention be required for longer periods 
than those set forth in paragraph (b) of this section.
    (d) The master schedule sheet, copies of protocols, and records of 
quality assurance inspections, as required by Sec. 792.35(c) shall be 
maintained by the quality assurance unit as an easily accessible system 
of records for the period of time specified in paragraph (b) of this 
section.
    (e) Summaries of training and experience and job descriptions 
required to be maintained by Sec. 792.29(b) may be retained along with 
all other testing facility employment records for the length of time 
specified in paragraph (b) of this section.
    (f) Records and reports of the maintenance and calibration and 
inspection of equipment, as required by Sec. 792.63 (b) and (c), shall 
be retained for the length of time specified in paragraph (b) of this 
section.
    (g) If a facility conducting testing or an archive contracting 
facility goes out of business, all raw data, documentation, and other 
material specified in this section shall be transferred to the archives 
of the sponsor of the study. The EPA shall be notified in writing of 
such a transfer.
    (h) Specimens, samples, or other non-documentary materials need not 
be retained after EPA has notified in writing the sponsor or testing 
facility holding the materials that retention is no longer required by 
EPA. Such notification normally will be furnished upon request after EPA 
or FDA has completed an audit of the particular study to which the 
materials relate and EPA has concluded that the study was conducted in 
accordance with this part.
    (i) Records required by this part may be retained either as original 
records or as true copies such as photocopies, microfilm, microfiche, or 
other accurate reproductions of the original records.

[[Page 46]]



PART 795--PROVISIONAL TEST GUIDELINES--Table of Contents




Subpart A  [Reserved]

             Subpart B--Provisional Chemical Fate Guidelines

Sec.
795.70  Indirect photolysis screening test: Sunlight photolysis in 
          waters containing dissolved humic substances.

         Subpart C--Provisional Environmental Effects Guidelines

795.120  Gammarid acute toxicity test.

            Subpart D--Provisional Health Effects Guidelines

795.225  Dermal pharmacokinetics of DGBE and DGBA.
795.228  Oral/dermal pharmacokinetics.
795.231  Pharmacokinetics of isopropanal.
795.232  Inhalation and dermal pharmacokinetics of commercial hexane.
795.250  Developmental neurotoxicity screen.

    Authority: 15 U.S.C. 2603.

Subpart A  [Reserved]



             Subpart B--Provisional Chemical Fate Guidelines



Sec. 795.70  Indirect photolysis screening test: Sunlight photolysis in waters containing dissolved humic substances.

    (a) Introduction. (1) Chemicals dissolved in natural waters are 
subject to two types of photoreaction. In the first case, the chemical 
of interest absorbs sunlight directly and is transformed to products 
when unstable excited states of the molecule decompose. In the second 
case, reaction of dissolved chemical is the result of chemical or 
electronic excitation transfer from light-absorbing humic species in the 
natural water. In contrast to direct photolysis, this photoreaction is 
governed initially by the spectroscopic properties of the natural water.
    (2) In general, both indirect and direct processes can proceed 
simultaneously. Under favorable conditions the measurement of a 
photoreaction rate constant in sunlight (KpE) in a natural 
water body will yield a net value that is the sum of two first-order 
reaction rate constants for the direct (kDE) and indirect 
(kIE) pathways which can be expressed by the relationship

                               Equation 1

kpE=kDE+kIE.

This relationship is obtained when the reaction volume is optically thin 
so that a negligible fraction of the incident light is absorbed and is 
sufficiently dilute in test chemical; thus the direct and indirect 
photoreaction processes become first-order.
    (3) In pure water only, direct photoreaction is possible, although 
hydrolysis, biotransformation, sorption, and volatilization also can 
decrease the concentraton of a test chemical. By measuring 
kpE in a natural water and kDE in pure water, 
kIE can be calculated.
    (4) Two protocols have been written that measure kDE in 
sunlight or predict kDE in sunlight from laboratory 
measurements with monochromatic light (USEPA (1984) under paragraph 
(f)(14) and (15) of this section; Mill et al. (1981) under paragraph 
(f)(9) of this section; Mill et al. (1982) under paragraph (f)(10) of 
this section; Mill et al. (1983) under paragraphs (f)(11) of this 
section). As a preface to the use of the present protocol, it is not 
necessary to know kDE; it will be determined under conditions 
that definitively establish whether kIE is significant with 
respect to kDE.
    (5) This protocol provides a cost effective test method for 
measuring kIE for test chemicals in a natural water 
(synthetic humic water, SHW) derived from commercial humic material. It 
describes the preparation and standardization of SHW. To implement the 
method, a test chemical is exposed to sunlight in round tubes containing 
SHW and tubes containing pure water for defined periods of time based on 
a screening test.
    (6) To correct for variations in solar irradiance during the 
reaction period, an actinometer is simultaneously insolated. From these 
data, an indirect photoreaction rate constant is calculated that is 
applicable to clear-sky, near-surface, conditions in fresh water bodies.
    (7) In contrast to kDE, which, once measured, can be 
calculated for different seasons and latitudes, kIE only

[[Page 47]]

applies to the season and latitude for which it is determined. This 
condition exists because the solar action spectrum for indirect 
photoreaction in humic-containing waters is not generally known and 
would be expected to change for different test chemicals. For this 
reason, kpE, which contains kIE, is likewise valid 
only for the experimental data and latitude.
    (8) The value of kpE represents an atypical quantity 
because kIE will change somewhat from water body to water 
body as the amount and quality of dissolved aquatic humic substances 
change. Studies have shown, however, that for optically-matched natural 
waters, these differences are usually within a factor of two (Zepp et 
al. (1981) under paragraph (f)(17) of this section).
    (9) This protocol consists of three separate phases that should be 
completed in the following order: In Phase 1, SHW is prepared and 
adjusted; in Phase 2, the test chemical is irradiated in SHW and pure 
water (PW) to obtain approximate sunlight photoreaction rate constants 
and to determine whether direct and indirect photoprocesses are 
important; in Phase 3, the test chemical is again irradiated in PW and 
SHW. To correct for photobleaching of SHW and also solar irradiance 
variations, tubes containing SHW and actinometer solutions are exposed 
simultaneously. From these data kpE is calculated that is the 
sum of kIE and kDE (Equation 1) (Winterle and Mill 
(1985) under paragraph (f)(12) of this section).
    (b) Phase 1--Preparation and standardization of synthetic natural 
water--(1) Approach. (i) Recent studies have demonstrated that natural 
waters can promote the indirect (or sensitized) photoreaction of 
dissolved organic chemicals. This reactivity is imparted by dissolved 
organic material (DOM) in the form of humic substances. These materials 
absorb sunlight and produce reactive intermediates that include singlet 
oxygen (102) (Zepp et al. (1977) under paragraph 
(f)(20) of this section, Zepp et al. (1981) under paragraph (f)(17) of 
this section, Zepp et al. (1981) under paragraph (f)(18) of this 
section, Wolff et al. (1981) under paragraph (f)(16) of this section, 
Haag et al. (1984) under paragraph (f)(6) of this section, Haag et al. 
(1984) under paragraph (f)(7) of this section); peroxy radicals 
(RO2-) (Mill et al. (1981) under paragraph (f)(9) of this section; Mill et al. (1983) under paragraph (f)(8) of this section); hydroxyl radicals (HO
-) (Mill et al. (1981) under paragraph (f)(9) of this section, Draper 
and Crosby (1981, 1984) under paragraphs (f)(3) and (4) of this 
section); superoxide anion 
(02--) and hydroperoxy radicals (HO-). 
(Cooper and Zika (1983) under paragraph (f)(1) of this section, Draper 
and Crosby (1983) under paragraph (f)(2) of this section); and triplet 
excited states of the humic substances (Zepp et al. (1981) under 
paragraph (f)(17) of this section, Zepp et al. (1985) under paragraph 
(f)(21) of this section). Synthetic humic waters, prepared by extracting 
commercial humic or fulvic materials with water, photoreact similarly to 
natural waters when optically matched (Zepp et al. (1981) under 
paragraphs (f)(17) and (18) of this section).
    (ii) The indirect photoreactivity of a chemical in a natural water 
will depend on its response to these reactive intermediates, and 
possibly others yet unknown, as well as the ability of the water to 
generate such species. This latter feature will vary from water-to-water 
in an unpredictable way, judged by the complexity of the situation.
    (iii) The approach to standardizing a test for indirect 
photoreactivity is to use a synthetic humic water (SHW) prepared by 
water-extracting commercial humic material. This material is 
inexpensive, and available to any laboratory, in contrast to a specific 
natural water. The SHW can be diluted to a dissolved organic carbon 
(DOC) content and uv-visible absorbance typical of most surface fresh 
waters.
    (iv) In recent studies it has been found that the reactivity of SHW 
mixtures depends on pH, and also the history of sunlight exposure (Mill 
et al. (1983) under paragraph (f)(11) of this section). The SHW 
solutions initially photobleach with a time-dependent rate constant. As 
such, an SHW test system has been designed that is buffered to maintain 
pH and is pre-aged in sunlight to produce, subsequently, a predictable 
bleaching behavior.
    (v) The purpose of Phase 1 is to prepare, pre-age, and dilute SHW to 
a

[[Page 48]]

standard mixture under defined, reproducible conditions.
    (2) Procedure. (i) Twenty grams of Aldrich humic acid are added to a 
clean 2-liter Pyrex Erlenmeyer flask. The flask is filled with 2 liters 
of 0.1 percent NaOH solution. A stir bar is added to the flask, the 
flask is capped, and the solution is stirred for 1 hour at room 
temperature. At the end of this time the dark brown supernatant is 
decanted off and either filtered through coarse filter paper or 
centrifuged and then filtered through 0.4 )m microfilter. The pH is 
adjusted to 7.0 with dilute H2SO4 and filter 
sterilized through a 0.2 )m filter into a rigorously cleaned 2-liter 
Erlenmeyer flask. This mixture contains roughly 60 ppm DOC and the 
absorbance (in a 1 cm path length cell) is approximately 1.7 at 313 nm 
and 0.7 at 370 nm.
    (ii) Pre-aging is accomplished by exposing the concentrated solution 
in the 2-liter flask to direct sunlight for 4 days in early spring or 
late fall; 3 days in late spring, summer, or early fall. At this time 
the absorbance of the solution is measured at 370 nm, and a dilution 
factor is calculated to decrease the absorbance to 0.50 in a 1 cm path 
length cell. If necessary, the pH is re-adjusted to 7.0. Finally, the 
mixture is brought to exact dilution with a precalculated volume of 
reagent-grade water to give a final absorbance of 0.500 in a 1-cm path 
length cell at 370 nm. It is tightly capped and refrigerated.
    (iii) This mixture is SHW stock solution. Before use it is diluted 
10-fold with 0.010 M phosphate buffer to produce a pH 7.0 mixture with 
an absorbance of 5.00 x 10-2 at 370 nm, and a dissolved 
organic carbon of about 5 ppm. Such values are characteristic of many 
surface fresh waters.
    (3) Rationale. The foregoing procedure is designed to produce a 
standard humic-containing solution that is pH controlled, and 
sufficiently aged that its photobleaching first-order rate constant is 
not time dependent. It has been demonstrated that after 7 days of winter 
sunlight exposure, SHW solutions photobleached with a nearly constant 
rate constant (Mill et al. (1983) under paragraph (f)(11) of this 
section).
    (c) Phase 2--Screening test--(1) Introduction and purpose. (i) Phase 
2 measurements provide approximate solar photolysis rate constants and 
half-lives of test chemicals in PW and SHW. If the photoreaction rate in 
SHW is significantly larger than in PW (factor of > 2X) then the test 
chemical is subject to indirect photoreaction and Phase 3 is necessary. 
Phase 2 data are needed for more accurate Phase 3 measurements, which 
require parallel solar irradiation of actinometer and test chemical 
solutions. The actinometer composition is adjusted according to the 
results of Phase 2 for each chemical, to equalize as much as possible 
photoreaction rate constants of chemical in SHW and actinometer.
    (ii) In Phase 2, sunlight photoreaction rate constants are measured 
in round tubes containing SHW and then mathematically corrected to a 
flat water surface geometry. These rate constants are not corrected to 
clear-sky conditions.
    (2) Procedure. (i) Solutions of test chemicals should be prepared 
using sterile, air-saturated, 0.010 M, pH 7.0 phosphate buffer and 
reagent-grade (or purer) chemicals.\1\ Reaction mixtures should be 
prepared with chemicals at concentrations at less than one-half their 
solubility in pure water and at concentrations such that, at any 
wavelengths above 290 nm, the absorbance in a standard quartz sample 
cell with a 1-cm path length is less than 0.05. If the chemicals are too 
insoluble in water to permit reasonable handling or analytical 
procedures, 1-volume percent acetonitrile may be added to the buffer as 
a cosolvent.
---------------------------------------------------------------------------

    \1\ The water should be ASTM Type IIA, or an equivalent grade.
---------------------------------------------------------------------------

    (ii) This solution should be mixed 9.00:1.00 by volume with PW or 
SHW stock solution to provide working solutions. In the case of SHW, it 
gives a ten-fold dilution of SHW stock solution. Six mL aliquots of each 
working solution should then be transferred to separate 12  x  100 mm 
quartz tubes with screw tops and tightly sealed with Mininert valves.\2\ 
Twenty four tubes are required for each chemical solution

[[Page 49]]

(12 samples and 12 dark controls), to give a total of 48 tubes.
---------------------------------------------------------------------------

    \2\ Mininert Teflon sampling vials are available from Alltech 
Associates, Inc., 202 Campus Dr., Arlington Heights, IL 60004.
---------------------------------------------------------------------------

    (iii) The sample tubes are mounted in a photolysis rack with the 
tops facing geographically north and inclined 30 deg. from the 
horizontal. The rack should be placed outdoors over a black background 
in a location free of shadows and excessive reflection.
    (iv) Reaction progress should be measured with an analytical 
technique that provides a precision of at least 5 percent. 
High pressure liquid chromatography (HPLC) or gas chromatograph (GC) 
have proven to be the most general and precise analytical techniques.
    (v) Sample and control solution concentrations are calculated by 
averaging analytical measurements for each solution. Control solutions 
should be analyzed at least twice at zero time and at other times to 
determine whether any loss of chemical in controls or samples has 
occurred by some adventitious process during the experiment.
    (vi) Whenever possible the following procedures should be completed 
in clear, warm, weather so that solutions will photolyze more quickly 
and not freeze.
    (A) Starting at noon on day zero, expose to sunlight 24 sample tubes 
mounted on the rack described above. Tape 24 foil-wrapped controls to 
the bottom of the rack.
    (B) Analyze two sample tubes and two unexposed controls in PW and 
SHW for chemical at 24 hours. Calculate the round tube photolysis rate 
constants (kp)SHW and (kp)W 
if the percent conversions are J 20 percent but F 80 percent. The rate 
constants (kp)SHW and (kp)W 
are calculated, respectively, from Equations 2 and 3:

                               Equation 2

(kp)SHW=(1/t)Pn(Co/
          Ct)SHW (in d-1)

                               Equation 3

(kp)W=(1/t)Pn(Co/
          Ct)W (in d-1),


where the subscript identifies a reaction in SHW or PW; t is the 
photolysis time in calendar days; Co is the initial molar 
concentration; and Ct is the molar concentration in the 
irradiated tube at t. In this case t=1 day.
    (C) If less than 20 percent conversion occurs in SHW in 1 day, 
repeat the procedure for SHW and PW at 2 days, 4 days, 8 days, or 16 
days, or until 20 percent conversion is reached. Do not extend the 
experiment past 16 days. If less than 20 percent photoreaction occurs in 
SHW at the end of 16 days the chemical is ``photoinert''. Phase 3 is not 
applicable.
    (D) If more than 80 percent photoreaction occurs at the end of day 1 
in SHW, repeat the experiment with eight each of the remaining foil-
wrapped PW and SHW controls. Divide these sets into four sample tubes 
each, leaving four foil-wrapped controls taped to the bottom of the 
rack.
    (1) Expose tubes of chemical in SHW and PW to sunlight starting at 
0900 hours and remove one tube and one control at 1, 2, 4, and 8 hours. 
Analyze all tubes the next day.
    (2) Extimate (kp)SHW for the first tube in 
which photoreaction is J 20 percent but F 80 percent. If more than 80 
percent conversion occurs in the first SHW tube, report: ``The half-life 
is less than one hour'' and end all testing. The chemical is 
``photolabile.'' Phase 3 is not applicable.
    (3) The rate constants (kp)SHW and 
(kp)W are calculated from equations 2 and 3 but 
the time of irradiation must be adjusted to reflect the fact that day-
averaged rate constants are approximately one-third of rate constants 
averaged over only 8 daylight hours. For 1 hour of insolation enter 
t=0.125 day into equation 2. For reaction times of 2, 4, and 8 hours 
enter 0.25, 0.50 and 1.0 days, respectively. Proceed to Phase 3 testing.
    (4) Once (kp)SHW and 
(kp)W are measured, determine the ratio R from 
equation 4:

                               Equation 4

R=(kp)SHW/(kp)W.


The coefficient R, defined by Equation 4, is equal to 
[(kI+kD)/kD]. If R is in the range 0 to 
1, the photoreaction is inhibited by the synthetic humic water and Phase 
3 does not apply. If R is in the range 1 to 2, the test chemical is 
marginally susceptable to indirect photolysis. In this case, Phase 3 
studies are optional. If R is greater than 2, Phase 3 measurements are 
necessary to measure kpE and to evaluate kIE.

[[Page 50]]

    (vii) Since the rate of photolysis in tubes is faster than the rate 
in natural water bodies, values of near-surface photolysis rate 
constants in natural and pure water bodies, kpE and 
kDE, respectively, can be obtained from 
(kp)SHW and (kp)W from 
Equations 5 and 6:

                               Equation 5

kpE=0.45(kp)SHW

                               Equation 6

kDE=0.45(kp)W.


The factor 0.45 is an approximate geometric correction for scattered 
light in tubes versus horizontal surfaces. A rough value of 
kIE, the rate constant for indirect photolysis in natural 
waters or SHW, can be estimated from the difference between 
kpE and kDE using Equation 7:

                               Equation 7

kIE=kpE-kDE.

    (3) Criteria for Phase 2. (i) If no loss of chemical is found in 
dark control solutions compared with the analysis in tubes at zero time 
(within experimental error), any loss of chemical in sunlight is assumed 
to be due to photolysis, and the procedure provides a valid estimate of 
kpE and kDE. Any loss of chemical in the dark-
control solutions may indicate the intervention of some other loss 
process such as hydrolysis, microbial degradation, or volatilization. In 
this case, more detailed experiments are needed to trace the problem and 
if possible eliminate or minimize the source of loss.
    (ii) Rate constants determined by the Phase 2 protocol depend upon 
latitude, season, and weather conditions. Note that 
(kp)SHW and kD values apply to round 
tubes and kpE and kDE values apply to a natural 
water body. Because both (kp)SHW and kD 
are measured under the same conditions the ratio 
((kp)SHW/kD) is a valid measure of the 
susceptibility of a chemical to indirect photolysis. However, since SHW 
is subject to photobleaching, (kp)SHW will 
decrease with time because the indirect rate will diminish. Therefore, R 
>2 is considered to be a conservative limit because 
(kp)SHW will become systematically smaller with 
time.
    (4) Rationale. The Phase 2 protocol is a simple procedure for 
evaluating direct and indirect sunlight photolysis rate constants of a 
chemical at a specific time of year and latitude. It provides a rough 
rate constant for the chemical in SHW that is necessary for Phase 3 
testing. By comparison with the direct photoreaction rate constant, it 
can be seen whether the chemical is subject to indirect photoreaction 
and whether Phase 3 tests are necessary.
    (5) Scope and limitations. (i) Phase 2 testing separates test 
chemicals into three convenient categories: ``Photolabile'', 
``photoinert'', and those chemicals having sunlight half-lives in round 
tubes in the range of 1 hour to 50 days. Chemicals in the first two 
categories fall outside the practical limits of the test, and cannot be 
used in Phase 3. All other chemicals are suitable for Phase 3 testing.
    (ii) The test procedure is simple and inexpensive, but does require 
that the chemical dissolve in water at sufficient concentrations to be 
measured by some analytical technique but not have appreciable 
absorbance in the range 290 to 825 nm. Phase 2 tests should be done 
during a clear-sky period to obtain the best results. Testing will be 
less accurate for chemicals with half-lives of less than 1 day because 
dramatic fluctuations in sunlight intensity can arise from transient 
weather conditions and the difficulty of assigning equivalent reaction 
times. Normal diurnal variations also affect the photolysis rate 
constant. Phase 3 tests should be started as soon as possible after the 
Phase 2 tests to ensure that the (kp)SHW estimate 
remains valid.
    (6) Illustrative Example. (i) Chemical A was dissolved in 0.010 M pH 
7.0 buffer. The solution was filtered through a 0.2 )m filter, air 
saturated, and analyzed. It contained 1.7 x 10 -5 M A, five-
fold less than its water solubility of 8.5 x 10 -5 M at 25 
deg.C. A uv spectrum (1-cm path length) versus buffer blank showed no 
absorbance greater than 0.05 in the wavelength interval 290 to 825 nm, a 
condition required for the Phase 2 protocol. The 180 mL mixture was 
diluted by the addition of 20 mL of SHW stock solution.
    (ii) The SHW solution of A was photolyzed in sealed quartz tubes

[[Page 51]]

(12 x 100 mm) in the fall season starting on October 1. At the end of 1 
and 2 days, respectively, the concentration of A was found to be 
1.13 x 10 -5 M and 0.92 x 10 -5 M compared to 
unchanged dark controls (1.53 x 10 -5 M).
    (iii) The tube photolysis rate constant of chemical A was calculated 
from Equation 2 under paragraph (c)(2)(vi)(B) of this section. The first 
time point at day 1 was used because the fraction of A remaining was in 
the range 20 to 80 percent:

(kp)SHW=(1/1d)Pn(1.53 x 10 -5/1.13 
          x 10 -5) (kp)SHW=0.30 
          d-1.

    (iv) From this value, kpE was found to be 0.14 
d-1 using equation 5 under paragraph (c)(2)(vii) of this 
section:

kpE=0.45(0.30 d-1)=0.14d-1.

    (v) From measurements in pure water, kD for chemical A 
was found to be 0.085 d-1. Because the ratio of 
(kp)SHW/kD(=3.5) is greater than 2, 
Phase 3 experiments were started.
    (d) Phase 3--Indirect photoreaction with actinometer: Calculation of 
kIE and kpE--(1) Introduction and purpose.
    (i) The purpose of Phase 3 is to measure kIo, the 
indirect photolysis rate constant in tubes, and then to calculate 
kpE for the test chemical in a natural water. If the 
approximate (kp)SHW determined in Phase 2 is not 
significantly greater than kD measured for the experiment 
date of Phase 2, then Phase 3 is unnecessary because the test chemical 
is not subject to indirect photoreaction.
    (ii) In the case (kp)SHW is significantly 
larger than kD, Phase 3 is necessary. The rate constant 
(kp)SHW is used to choose an actinometer 
composition that matches the actinometer rate to the test chemical rate. 
Test chemical solutions in SHW and in pure water buffer are then 
irradiated in sunlight in parallel with actinometer solutions, all in 
tubes.
    (iii) The actinometer used is the p-nitroacetophenone-pyridine 
(PNAP/PYR) system developed by Dulin and Mill (1982) under paragraph 
(f)(5) of this section and is used in two EPA test guidelines (USEPA 
(1984) under paragraphs (f) (14) and (15) of this section). By varying 
the pyridine concentration, the PNAP photolysis half-life can be 
adjusted over a range of several hours to several weeks. The starting 
PNAP concentration is held constant.
    (iv) SHW is subject to photobleaching that decreases its ability to 
promote indirect photolysis based on its ability to absorb sunlight. 
This effect will be significant when the test period exceeds a few days. 
To correct for photobleaching, tubes containing SHW are irradiated in 
action to the other tubes above.
    (v) At any time, the loss of test chemical is given by Equation 8 
assuming actinometric correction to constant light flux:

                               Equation 8

-(d[C]/dt)=kI[C]+kD[C].

    (vi) The indirect photolysis rate constant, kI, is 
actually time dependent because SHW photobleaches; the rate constant 
kI, after pre-aging, obeys the formula:

                               Equation 9

kI=kIo exp(-kt),


in which kIo is the initial indirect photoreaction rate 
constant and k is the SHW photobleaching rate constant. After 
substituting equation 9 for kI in Equation 8 under paragraph 
(d)(1)(v) of this section, and rearranging, one obtains

-(d[C]/[C]=kIo[exp(-kt)]dt+kD dt.


This expression is integrated to give Equation 10:

                               Equation 10

Pn(Co/C)SHW=(kIo/
          k)[1-exp(-kt)]+kD t.


The term (kIo/k) can now be evaluated. Since in pure water, 
Pn(Co/C)W=kD t, then subtracting this 
equation from Equation 10 gives

                               Equation 11

Pn(Co/C)SHW-Pn(co/
          C)W=(kIo/k)[1-exp(-kt)].


The photobleaching fraction, [1-exp(-kt)], is equivalent to the 
expression [1-(A370/A deg.370)], where 
A deg.370 and A370 are the absorbances at 370 nm, 
and are proportional to humic sensitizer content at times zero and t. 
Therefore, (kIo/k) is derived from the slope of a linear 
regression using [Pn(Co/C)SHW-Pn(Co/
C)W]

[[Page 52]]

as the dependent variable and [1-(A370/
A deg.370)SHW] as the independent variable.
    (vii) To evaluate kIo, the parameter k has to be 
evaluated under standard sunlight conditions. Therefore, the photolysis 
rate constant for the PNAP/PYR actinometer (kA) is used to 
evaluate k by linear regression on Equation 12:

                               Equation 12

Pn(A deg.370/A370)=(k/
          kA)Pn(Co/C)PNAP,


where the slope is (k/kA) and the value of kA is 
calculated from the concentration of pyridine and the absorption of 
light by PNAP: kA=2.2(0.0169)[PYR]ka. Values of 
ka are listed in the following Table 1.

 Table 1--Day Averaged Rate Constant (ka) \1\ For Sunlight Absorption by
          PNAP as a Function of Season and Decadic Latitude \2\
------------------------------------------------------------------------
                                                       Season
                 Latitude                 ------------------------------
                                           Spring  Summer   Fall  Winter
------------------------------------------------------------------------
20 deg.N.................................     515     551    409     327
30 deg.N.................................     483     551    333     232
40 deg.N.................................     431     532    245     139
50 deg.N.................................     362     496    154      64
------------------------------------------------------------------------
\1\ ka=@ ega Lg in the units of day -\1\, (Mill et al. (1982) under
  paragraph (f)(10) of this section).
\2\ For use in Equation 15 under paragraph (d)(2)(i) of this section.


The value of kIo is then given by Equation 13:

                               Equation 13

kIo=(kIo/k)(k/kA)kA.

    (viii) To obtain kD, determine the ratio (kD/
kA) from a linear regression of Pn(Co/
C)W versus Pn(Co/C)PNAP according to 
Equation 13a:

                              Equation 13a

Pn(Co/C)W=(kD/
          kA)Pn(Co/C)PNAP.


The slope is (kD/kA), and kD is 
obtained by multiplication of this slope with the known value of 
kA: i.e., kD=(kD/
kA)kA.
    (ix) Then, (kp)SHW values in SHW are 
determined by summing kD and KIo as follows:

                               Equation 14

(kp)SHW=kIo+kD.

    (x) Finally, kpE is calculated from the precise 
relationship, Equation 5a:

                               Equation 5a

kpE=0.455(kp)SHW.

    (2) Procedure. (i) Using the test chemical photoreaction rate 
constant in round tubes, (kp) SHW, determined in 
Phase 2 under paragraph (c) of this section, and the absorption rate 
constant, k found in Table 1, under paragraph (d)(1)(vii) of 
this section, calculate the molar pyridine concentration required by the 
PNAP/PYR actinometer using Equation 15:

                               Equation 15

[PYR]/M=26.9[(kp) SHW/ka].


This pyridine concentration makes the actinometer rate constant match 
the test chemical rate constant.
    (A) The variable ka (= @ e ga Lg) 
is equal to the day-averaged rate constant for sunlight absorption by 
PNAP (USEPA (1984) under paragraph (f)(14) of this section; Mill et al. 
(1982) under paragraph (f)(10) of this section, Zepp and Cline (1977) 
under paragraph (f)(19) of this section) which changes with season and 
latitude.
    (B) The variable ka is selected from Table 1 under 
paragraph (d)(1)(vii) of this section for the season nearest the mid-
experiment date of Phase 2 studies and the decadic latitude nearest the 
experimental site.
    (ii) Once [PYR] is determined, an actinometer solution is prepared 
by adding 1.00 mL of 1.0 x 10-2 M (0.165 gms/100 mL) PNAP 
stock solution (in CH3 CN solvent) and the required volume, 
V, of PYR to a 1 liter volumetric flask. The flask is then filled with 
distilled water to give 1 liter of solution. The volume V can be 
calculated from Equation 16:

                               Equation 16

V/mL=[PYR]/0.0124.


The PNAP/PYR solutions should be wrapped with aluminum foil and kept out 
of bright light after preparation.
    (iii) The following solutions should be prepared and individually 
added in 6.00 mL aliquots to 12/100 mm quartz

[[Page 53]]

sample tubes; 8 tubes should be filled with each solution:
    (A) PNAP/PYR actinometer solution.
    (B) Test chemical in pH 7.0, 0.010 M phosphate buffer.
    (C) Test chemcial in pH 7.0, 0.010 M phosphate buffer/SHW.
    (D) pH 7.0, 0.010 M phosphate buffer/SHW. Four tubes of each set are 
wrapped in foil and used as controls.
    (iv) The tubes are placed in the photolysis rack (Phase 2, 
Procedure) at 0900 hours on day zero, with the controls taped to the 
bottom of the rack. One tube of each composition is removed, along with 
their respective controls, according to a schedule found in Table 2, 
which categorizes sampling times on the basis of 
(kp)SHW determined in Phase 1.

    Table 2--Category and Sampling Procedure for Test and Actinometry
                                Solutions
------------------------------------------------------------------------
            Category                 kp (d-1)SHW      Sampling procedure
------------------------------------------------------------------------
A..............................  5.5 J Kp J 0.69      Sample at 0, 1, 2,
                                                       4, and 8h.
B..............................  0.69> kp J 0.017     Sample at 0, 1, 2,
                                                       4, and 8d.
C..............................  0.17> kp J 0.043     Sample at 0, 4, 8,
                                                       16, and 32d.
------------------------------------------------------------------------

    (v) The tubes containing PNAP, test chemical, and their controls are 
analyzed for residual concentrations soon after the end of the 
experiment. PNAP is conveniently analyzed by HPLC, using a 30 cm 
C18 reverse phase column and a uv detector set at 280 nm. The 
mobile phase is 2 percent acetic acid, 50 percent acetonitrile and 48 
percent water (2 mL/min flow rate). Tubes containing only SHW (solution 
D) should be analyzed by absorption spectroscopy at 370 nm after storage 
at 4  deg.C in the dark. The absorbance range to be measured is 0.05 to 
0.01 AU (1 cm).
    (vi) If controls are well-behaved and show no significant loss of 
chemical or absorbance change, then kI can be calculated. In 
tabular form (see Table 4 under paragraph (d)(6)(iii)(A) of this 
section) arrange the quantities Pn(Co/Ct) 
SHW, Pn(Co/Ct)SHW, 
[1-(A370/Ao370)], 
Pn(Ao370/A370), and Pn(Co/
C)PNAP in order of increasing time. According to Equation 11 
under paragraph (d)(1)(vi) of this section in the form of Equation 17,

                               Equation 17

Pn(Co/C)SHW-Pn(Co/
          C)W=(kIo/k)[1-(A370/
          Ao370)],


plot the quantities [Pn(Co/
Ct)SHW-Pn(Co/
Ct)W] versus the independent variable 
[1-(A370/Ao370)]. Obtain the slope (S1) 
by least square linear regression. Under the assumptions of the 
protocol, S1=(kIo/k).
    (vii) According to Equation 12 under paragraph (d)(1)(vii) of this 
section, plot the quantities Pn(Ao370/
A370) versus the independent variable Pn(Co/
Ct)PNAP. Obtain the slope (S2) by least squares 
linear regression on Equation 12 under paragraph (d)(1)(vii) of this 
section. Under the assumptions of the protocol, S2=(k/kA).
    (viii) Then, using Equation 13a under paragraph (d)(1)(vii) of this 
section, determine the slope (S3) by least squares linear regression. 
Under the assumptions of the protocol, S3 is equal to (kD/
kA).
    (ix) From Equation 18

                               Equation 18

kA=0.0372[PYR]ka,


calculate kA using ka values found in Table 1 
under paragraph (d)(1)(vii) of this section. The value of ka 
chosen must correspond to the date closest to the mid-experiment date 
and latitude closest to that of the experimental site.
    (x) The indirect photoreaction rate constant, kIo, is 
determined using Equation 19,

                               Equation 19

kIo=(S1)(kA)(S2),


by incorporating the quantities kA, S1, and S2 determined as 
described in paragraphs (d)(2) (ix), (vi), and (vii) of this section, 
respectively.
    (xi) The rate constant kD is calculated from Equation 20,

                               Equation 20

kD=(S3)(kA),


using the quantities S3 and kA determined as described above.
    (xii) Then, (kp)SHW is obtained by summing 
kD and kIo, as described by

[[Page 54]]

Equation 14 in paragraph (d)(1)(ix) of this section:

                               Equation 14

(kp)SHW=kIo+kD.

    (xiii) Finally, kpE is obtained by multiplying 
(kp) SNW by the factor 0.455, as described by 
Equation 5a in paragraph (d)(1)(x) of this section:

                               Equation 5a

kpE=0.455 (kp)SHW


As determined, kpE is the net environmental photoreaction 
rate constant. It applies to clear sky conditions and is valid for 
predicting surface photoreaction rates in an average humic containing 
freshwater body. It is strictly valid only for the experimental latitude 
and season.
    (3) Criteria for Phase 3. As in Phase 2, Phase 3 tests are assumed 
valid if the dark controls are well behaved and show no significant loss 
of chemical. In such a case, loss of test chemical in irradiated samples 
is due to photoreaction.
    (4) Rationale. Simultaneous irradiation of a test chemical and 
actinometer provide a means of evaluating sunlight intensities during 
the reaction period. Parallel irradiation of SHW solutions allows 
evaluation of the extent of photobleaching and loss of sensitizing 
ability of the natural water.
    (5) Scope and limitations of Phase 3 protocol. Test chemicals that 
are classified as having half-lives in SHW in the range of 1 hour to 50 
days in Phase 2 listing are suitable for use in Phase 3 testing. Such 
chemicals have photoreaction half-lives in a range accommodated by the 
PNAP/PYR actinometry in sunlight and also accommodate the persistence of 
SHW in sunlight.
    (6) Illustrative example. (i) From Phase 2 testing, under paragraph 
(c)(6)(iii) of this section, chemical A was found to have a photolysis 
rate constant, (kp)SHW' of 0.30 d-1 in 
fall in round tubes at latitude 33 deg. N. Using Table 1 under paragraph 
(d)(1)(vii) of this section for 30 deg. N, the nearest decadic latitude, 
a fall value of ka equal to 333 d-1 is found for 
PNAP. Substitution of (kp)SHW and ka 
into Equation 15 under paragraph (d)(2)(i) of this section gives [PYR] = 
0.0242 M. This is the concentration of pyridine that gives an 
actinometer rate constant of 0.30 d-1 in round tubes in fall 
at this latitude.
    (ii) The actinometer solution was made up by adding a volume of 
pyridine (1.95 mL) calculated from equation 16 under paragraph 
(d)(2)(ii) of this section to a 1 liter volumetric flask containing 1.00 
mL of 1.00  x  10-2 M PNAP in acetonitrile. The flask was 
filled to the mark with distilled water to give final concentrations of 
[PYR]=0.0242 M and [PNAP]=1.00 x 10-5 M. Ten tubes of each of 
the following solutions were placed in the photolysis rack at 1,200 
hours on day zero:
    (A) Chemical A (1.53 x 10-5 M) in standard SHW (0.010 M, 
pH 7 phosphate buffer).
    (B) Chemical A (1.53 x 10-5), in 0.010 M, pH 7 phosphate 
buffer.
    (C) SHW standard solution diluted with water 0.90 to 1.00 to match 
solution A.
    (D) PNAP/PYR actinometer solution. Ten additional foil-wrapped 
controls of each mixture were taped to the bottom of the rack.
    (iii) The test chemical had been placed in category B, Table 2 under 
the paragraph (d)(2)(iv) of this section, on the basis of its Phase 2 
rate constant under paragraph (c) of this section. Accordingly, two 
tubes of each irradiated solution and two tubes of each blank solution 
were removed at 0, 1, 2, 4, and 8 days at 1,200 hours. The averaged 
analytical results obtained at the end of the experiment are shown in 
the following Table 3.

                     Table 3--Chemical Analytical Results for Illustrative Example, Phase 3
----------------------------------------------------------------------------------------------------------------
                       Day                        10\5\[C]SHW, M   10\5\[C]W, M       ASHW370      105 [PNAP], M
----------------------------------------------------------------------------------------------------------------
0...............................................           1.53            1.53           0.0500           1.00
1...............................................           1.03            1.40           0.0470           0.810
2...............................................           0.760           1.30           0.0440           0.690
4...............................................           0.300           1.01           0.0370           0.380
8...............................................           0.130           0.800          0.0320           0.220
----------------------------------------------------------------------------------------------------------------


[[Page 55]]


Data for solutions A through D are given in column 2 through 5, 
respectively. No significant chemical loss was found in the dark 
controls.
    (A) From these items the functions Pn(Co/C) 
SNW' Pn(Co/C)W' [1--(A370/
Ao370)SNW], 
Pn(Ao370/A370), and Pn(Co/
C)PNAP were calculated, as shown in the following Table 4 
which was derived from Table 3 under paragraph (d)(6)(iii) of this 
section:

            Table 4--Photoreaction Function for Illustrative Examples, Phase 3, Derived From Table 3
----------------------------------------------------------------------------------------------------------------
                                                                    1-(A 370 /      Pn(Ao370 /
               Day                  Pn(Co/C)SHW      Pn(Co/C)W        Ao370)           A370)      Pn(Co /C) PNAP
----------------------------------------------------------------------------------------------------------------
0...............................           0              0               0               0                0
1...............................           0.396          0.0888          0.0600          0.0618           0.211
2...............................           0.700          0.163           0.120           0.128            0.371
4...............................           1.629          0.415           0.260           0.301            0.968
8...............................           2.465          0.648           0.360           0.446            1.514
----------------------------------------------------------------------------------------------------------------

    (B) Slope S1=(kIo/k) was calculated according to Equation 
17 under paragraph (d)(2)(vi) of this section and was found to be 4.96 
by a least squares regression with a correlation coefficient equal to 
0.9980. The following Figure 1 shows a plot of Equation 17 under 
paragraph (d)(2)(vi) of this section and its best-fit line.
[GRAPHIC] [TIFF OMITTED] TC01AP92.034

   Figure 1--Graphic determination of S1=(kIo/k) based on 
         Equation 17 under paragraph (d)(2)(vi) of this section.
    (C) Slope S2=(k/ka) was also derived from Table 4 under 
paragraph (d)(6)(iii)(A) of this section by a fit of 
Pn(Ao370 /A370) SHW and 
Pn(Co /C)PNAP to Equation 12 under paragraph 
(d)(l)(vii) of this section. This plot is displayed in the following 
Figure 2; the slope S2 was found to be 0.295 and the correlation 
coefficient was equal to 0.9986.
[GRAPHIC] [TIFF OMITTED] TC01AP92.035

    Figure 2--Graphic determination of S2=(k/kA) based on 
        Equation 12 under paragraph (d)(1)(vii) of this section.
    (D) Using the data in columns 3 and 6 in Table 4 under paragraph 
(d)(6)(iii)(A) of this section, slope S3 was calculated by regression 
from Equation 13a under paragraph (d)(1)(viii) of this section and was 
found to be 0.428 with correlation coefficient euqal to 0.99997.
    (E) Using Equation 18 under paragraph (d)(2)(ix) of this section, 
kA was found to be =0.300 d-1.
    (F) The values of S1, S2, and kA were then combined in 
Equation 19 under paragraph (d)(2)(x) of this section to give 
kIo as follows:

                               Equation 19

kIo=(4.96)(0.300)(0.295)=0.439 d-1.


[[Page 56]]


    (G) The rate constant kD was calculated from the product 
of S3 and kA as expressed in Equation 20 under paragraph 
(d)(2)(xi) of this section as follows:

                               Equation 20

kD=(0.428)(0.300)=0.128d-1.

    (H) The sum of kD and kIo was multiplied by 
0.455 to obtain kpE as follows:

                               Equation 21

kpE=(0.455)(0.439+0.128)d-1=0.258 d-1.

    (I) Since kpE is a first-order rate constant, the half-
life, t1/2E, is given by Equation 22:

                               Equation 22

t1/2E=0.693/kpE.

Substituting the value of kpE from Equation 21 under 
paragraph (d)(6)(iii)(H) of this section in Equation 22 yielded

                               Equation 23

t1/2E=0.693/0.258d-1=2.7 d.

    (e) Data and reporting--(1) Test conditions--(i) Specific analytical 
and recovery procedures. (A) Provide a detailed description or reference 
for the analytical procedures used, including the calibration data and 
precision.
    (B) If extraction methods were used to separate the solute from the 
aqueous solution, provide a description of the extraction method as well 
as the recovery data.
    (ii) Other test conditions. (A) Report the site and latitude where 
the photolysis experiments were carried out.
    (B) Report the dates of photolysis, weather conditions, times of 
exposure, and the duration of exposure.
    (C) If acetonitrile was used to solubilize the test chemical, report 
the volume percent.
    (D) If a significant loss of test chemical occurred in the control 
solutions for pure water and SHW, indicate the causes and how they were 
eliminated or minimized.
    (2) Test data report--(i) Phase 2 Screening Test under paragraph (c) 
of this section. (A) Report the initial molar concentration of test 
chemical, Co, in pure water and SHW for each replicate and 
the mean value.
    (B) Report the molar concentration of test chemical, Ct, 
in pure water and SHW for each replicate and the mean value for each 
time point t.
    (C) Report the molar concentration of test chemical for each 
replicate control sample and the mean value for each time point.
    (D) Report the values of (kp)SHW and 
(kp)W for the time point t in which the fraction 
of test chemical photoreacted is in the range 20 to 80 percent.
    (E) If small losses of test chemical were observed in SHW and pure 
water, report a first-order rate constant loss, 
(kp)loss. Calculate and report 
(kp)obs for SHW and/or pure water. Calculate and 
report the corrected first-order rate constant for SHW and/or pure water 
using the relationship expressed in Equation 24:

                               Equation 24

kp=(kp)obs-(kp)loss
          .

    (F) Report the value of R calculated from Equation 4 under paragraph 
(c)(2)(vi)(D)(4) of this section.
    (G) Report the values of kpE and kDE obtained 
from Equations 5 and 6, respectively under paragraph (c)(2)(vii) of this 
section; report the corresponding half-life calculated from Equation 22 
under paragraph (d)(6)(iii)(I) of this section.
    (ii) Phase 3--Indirect photoreaction with actinometer. (A) Report 
the initial molar concentration of test chemical, Co, in pure 
water and in SHW for each replicate and the mean value.
    (B) Report the initial absorbance Ao370 of the 
SNW solution.
    (C) Report the initial molar concentration of PNAP of each replicate 
and the mean value in the actinometer. Report the concentration of 
pyridine used in the actinometer which was obtained from Equation 15 
under paragraph (d)(2)(i) of this section.
    (D) Report the time and date the photolysis experiments were 
started, the time and date the experiments were completed, and the 
elapsed photolysis time in days.
    (E) For each time point t, report the separate values of the 
absorbance of the SHW solution, and the mean values.

[[Page 57]]

    (F) For each time point for the controls, report the separate values 
of the molar concentrations of test chemical in pure water and SHW, and 
the absorbance of the SHW solution, and the mean values.
    (G) Tabulate and report the following data: t, [C]SHW, 
[C]W, ASNW370, [PNAP].
    (H) From the data in (G), tabulate and report the following data: t, 
Pn(Co/C)SNW, Pn(Co/C)W, 
[1-(A370/Ao370)SNW], 
Pn(Ao370/A370), Pn(Co/
C)PNAP.
    (I) From the linear regression analysis of the appropriate data in 
step (H) in Equation 17 under paragraph (d)(2)(vi) of this section, 
report the slope S1 and the correlation coefficient.
    (J) From the linear regression analysis of the appropriate data in 
step (H) in Equation 12 under paragraph (d)(1)(vii) of this section, 
report the slope S2 and the correlation coefficient.
    (K) From the linear regression analysis of the appropriate data in 
step (H) in Equation 13a under paragraph (d)(1)(viii) of this section, 
report the slope S3 and the correlation coefficient.
    (L) If loss of chemical was observed during photolysis in pure water 
and SHW, then report the data Pn(Co/C)corr, 
Pn(Co/C)obs, Pn(Co/C)loss as 
described in paragraph (e)(2)(E) of this section. Repeat steps (H), (I), 
(J), (K) where applicable and report S1, S2, S3 and the corresponding 
correlation coefficients.
    (M) Report the value of the actinometer rate constant obtained from 
Equation 18 under paragraph (d)(2)(ix) of this section.
    (N) Report the value of kIo obtained from Equation 19 
under paragraph (d)(2)(x) of this section.
    (O) Report the value of kD obtained from Equation 20 
under paragraph (d)(2)(xi) of this section.
    (P) Report the value of (kpE)SHW, obtained 
from Equation 14 under paragraph (d)(1)(ix) of this section, and the 
value of kpE obtained from Equation 5a under paragraph 
(d)(1)(x) of this section.
    (Q) Report the half-life, t1/2E, obtained from Equation 
22 under paragraph (d)(6)(iii)(I) of this section.
    (f) References. For additional background information on this test 
guideline the following references should be consulted.
    (1) Cooper W.J., Zika R.G. ``Photochemical formation of hydrogen 
peroxide in surface and ground waters exposed to sunlight.'' Science, 
220:711. (1983).
    (2) Draper W.M., Crosby D.G. ``The photochemical generation of 
hydrogen peroxide in natural waters.'' Archives of Environmental 
Contamination and Toxicology, 12:121. (1983).
    (3) Draper, W.M. and Crosby D.G. ``Solar photooxidation of 
pesticides in dilute hydrogen peroxide.'' Journal of Agricultural and 
Food Chemistry, 32:231. (1984).
    (4) Draper W.M., Crosby D.G. ``Hydrogen peroxide and hydroxyl 
radical: Intermediates in indirect photolysis reactions in water.'' 
Journal of Agricultural and Food Chemistry, 29:699. (1981).
    (5) Dulin D., Mill T. ``Development and evaluation of sunlight 
actinometers.'' Environmental Science and Technology, 6:815. (1982).
    (6) Haag H.R., Hoigne J., Gassman E., Braun A.M. ``Singlet oxygen in 
surface waters--Part I; Furfuryl alcohol as a trapping agent.'' 
Chemosphere, 13:631. (1984).
    (7) Haag W.R., Hoigne J., Gassman E., Braun A.M. ``Singlet oxygen in 
surface waters--Part II: Quantum yields of its production by some 
natural humic materials as a function of wavelength.'' Chemosphere, 
13:641. (1984).
    (8) Mill T., Winterle J.S., Fischer A., Tse D., Mabey W.R., Drossman 
H., Liu A., Davenport J.E. Toxic substances process data generation and 
protocol development. Work assignment 12, test standard development. 
``Section 3. Indirect photolysis.'' Draft final report. EPA Contract No. 
68-03-2981. Environmental Research Laboratory, Office of Research and 
Development, EPA, Athens, GA, and Office of Pollution Prevention and 
Toxics, EPA, Washington, DC. (1984).
    (9) Mill T., Mabey W.R., Bomberger D.C., Chou T.W., Hendry D.G., 
Smith J.H. ``Laboratory protocols for evaluating the fate of organic 
chemicals in air and water. Chapter 3. Photolysis in water. Chapter 4. 
Oxidation in water.'' EPA 600/3-82-022. Environmental Research 
Laboratory, Office of Research

[[Page 58]]

and Development, EPA, Athens, GA. (1981).
    (10) Mill T., Mabey W.R., Winterle J.S., Davenport J.E., Barich 
V.P., Dulin D.E., Tse D.S., Lee G. ``Design and validation of screening 
and detailed methods for environmental processes. Apendix C. Lower-tier 
direct photolysis protocol.'' Draft final report. EPA Contract No. 68-
01-6325. Office of Pollution Prevention and Toxics, EPA, Washington, DC. 
(1982).
    (11) Mill T., Davenport J.E., Winterle J.S., Mabey W.R., Dossman H., 
Tse D., Liu A. Toxic substances process data generation and protocol 
development. Work assignment 12. ``Appendix B. Upper-tier protocol for 
direct photolysis in water.'' Draft final report. EPA Contract No. 68-
03-2981. Environmental Research Laboratory, Office of Research and 
Development, EPA, Athens, GA, and Office of Pollution Prevention and 
Toxics, EPA, Washington, DC. (July 1983).
    (12) Winterle J.S., Mill T. Toxic substances process data generation 
and protocol development. Work assignment 18. ``Indirect photoreaction 
protocol.'' Draft EPA special report. EPA Contract No. 68-03-2981. 
Environmental Research Laboratory, Office of Research and Development, 
EPA, Athens, GA and Office of Pollution Prevention and Toxics, EPA, 
Washington, DC. (1985).
    (13) Mill T., Hendry D.G., Richardson H. ``Free radical oxidants in 
natural waters.'' Science, 207:886. (1980).
    (14) U.S. Environmental Protection Agency (USEPA), Office of 
Pollution Prevention and Toxics (OPPT). ``Chemical fate test guidelines. 
Test guideline (CG, CS-6000). Photolysis in aqueous solution.'' EPA-560/
6-84-003. NTIS publication PB-84-233287. (1984).
    (15) USEPA, OPPT. ``Chemical fate test guidelines. Test guildeline 
(CG, CS-6010). Laboratory determination of the direct photolysis 
reaction quantum yield in aqueous solution and sunlight photolysis.'' 
EPA-560/6-84-003. NTIS publication PB-84-233287. (1984).
    (16) Wolff C.J.M., Halmans M.T.H., Van der Heijde H.B. ``The 
formation of singlet oxygen in surface waters.'' Chemosphere, 10:59. 
(1981).
    (17) Zepp R.G., Baughman G.L., Schlotzhauer P.F. ``Comparison of 
photochemical behavior of various humic substances in water: I. Sunlight 
induced reactions of aquatic pollutants photosensitized by humic 
substances.'' Chemosphere, 10:109. (1981).
    (18) Zepp R.G., Baughman G.L., Schlozhauer P.F. ``Comparison of 
photochemical behavior of various humic substances in water: II. 
Photosensitized oxygenations.'' Chemosphere, 10:119. (1981).
    (19) Zepp R.G., Cline D.M. ``Rates of direct photolysis in aquatic 
environments.'' Environmental Science and Technology, 11:359. (1977).
    (20) Zepp, R.G., Wolfe N.L., Baughman G.L., Hollis R.C. ``Singlet 
oxygen in natural waters.'' Nature, 267:421. (1977).
    (21) Zepp R.G., Schlotzhauer P.F., Merritt S.R. ``Photosensitized 
transformations involving electronic energy transfer in natural waters: 
role of humic substances.'' Environmental Science and Technology, 19:74. 
(1985).

[53 FR 34522, Sept. 7, 1988; 53 FR 37393, Sept. 26, 1988]



         Subpart C--Provisional Environmental Effects Guidelines



Sec. 795.120  Gammarid acute toxicity test.

    (a) Purpose. This guideline is intended for use in developing data 
on the acute toxicity of chemical substances and mixtures subject to 
environmental effects test regulations under the Toxic Substances 
Control Act (TSCA) (Pub. L. 94-469, 90 Stat. 2003 (15 U.S.C. 2601 et 
seq.)). This guideline describes a test to develop data on the acute 
toxicity of chemicals to gammarids. The United States Environmental 
Protection Agency (EPA) will use data from this test in assessing the 
hazard of a chemical to aquatic organisms.
    (b) Definitions. The definitions in section 3 of TSCA and in part 
792 of this chapter, Good Laboratory Practice Standards, apply to this 
test guideline. The following definitions also apply to this guideline:
    Death means the lack of reaction of a test organism to gentle 
prodding.
    Flow-through means a continuous or an intermittent passage of test 
solution or dilution water through a test

[[Page 59]]

chamber or a holding or acclimation tank, with no recycling.
    LC50 means the median lethal concentration, i.e., that concentration 
of a chemical in air or water killing 50 percent of the test batch of 
organisms within a particular period of exposure (which shall be 
stated).
    Loading means the ratio of the biomass of gammarids (grams, wet 
weight) to the volume (liters) of test solution in either a test chamber 
or passing through it in a 24-hour period.
    Solvent means a substance (e.g., acetone) which is combined with the 
test substance to facilitate introduction of the test substance into the 
dilution water.
    Static system means a test chamber in which the test solution is not 
renewed during the period of the test.
    (c) Test procedures--(1) Summary of the test. In preparation for the 
test, test chambers are filled with appropriate volumes of dilution 
water. If a flow-through test is performed, the flow of dilution water 
through each chamber is adjusted to the rate desired. In a static test, 
the test substance is introduced into each test chamber. In a flow-
through test, the rate in which the test substance is added is adjusted 
to establish and maintain the desired concentration of test substance in 
each test chamber. The test is started by randomly introducing 
gammarids, which have been acclimated to the test conditions, into the 
test chambers. Gammarids in the test chambers are observed periodically 
during the test; the dead gammarids are removed and the findings 
recorded. Dissolved oxygen concentration, pH, temperature, and the 
concentration of test substance in test chambers are measured at 
specified intervals. Data collected during the test are used to develop 
concentration--response curves and LC50 values for the test substance.
    (2) [Reserved]
    (3) Range-finding test. (i) A range-finding test should be conducted 
to establish test substance concentrations to be used for the definitive 
test.
    (ii) The gammarids shall be exposed to a wide-range of 
concentrations of the test substance (e.g., 1, 10, 100 mg/1, etc.), 
usually under static conditions.
    (iii) A minimum of five gammarids should be exposed to each 
concentration of test substance for a period of 96 hours. The exposure 
period may be shortened if data suitable for determining concentrations 
in the definitive test can be obtained in less time. Nominal 
concentrations of the test substance may be acceptable.
    (4) Definitive test. (i) The purpose of the definitive test is to 
determine the 24, 48, 72, and 96--hour LC50 values and the 
concentration-response curves.
    (ii) A minimum of 20 gammarids per concentration shall be exposed to 
five or more concentrations of the test substance chosen in a geometric 
series in which the ratio is between 1.5 and 2.0 (e.g., 2, 4, 8, 16, 32, 
64 mg/L). The range and number of concentrations to which the organisms 
are exposed shall be such that in 96 hours there is at least one 
concentration resulting in mortality greater than 50 and less than 100 
percent, and one concentration causing greater than zero and less than 
50 percent mortality. An equal number of gammarids may be placed in two 
or more replicate test chambers. Solvents should be avoided, if 
possible. If solvents have to be used, a solvent control, as well as a 
dilution control, shall be tested at the highest solvent concentration 
employed in the treatments. The solvent should not be toxic or have an 
effect on the toxicity of the test substance. The concentration of 
solvent should not exceed 0.1 ml/L.
    (iii) Every test shall include a concurrent control using gammarids 
from the same population or culture container. The control group shall 
be exposed to the same dilution water, conditions and procedures, except 
that none of the test substance shall be is added to the chamber.
    (iv) The dissolved oxygen concentration, temperature and pH of the 
test solution shall be measured at the beginning of the test and at 24, 
48, 72 and 96 hours in at least one replicate each of the control, and 
the highest, lowest and middle test concentrations.
    (v) The test duration is 96 hours. The test is unacceptable if more 
than 10 percent of the control organisms die during the test.

[[Page 60]]

    (vi) In addition to death, any abnormal behavior or appearance shall 
also be reported.
    (vii) Gammarids shall be randomly assigned to the test chambers. 
Test chambers shall be positioned within the testing area in a random 
manner or in a way in which appropriate statistical analyses can be used 
to determine whether there is any variation due to placement.
    (viii) Gammarids shall be introduced into the test chambers after 
the test substance has been added.
    (ix) Observations on compound solubility shall be recorded. The 
investigator should record the appearance of surface slicks, 
precipitates, or material adhering to the sides of the test chambers.
    (5) [Reserved]
    (6) Analytical measurements--(i) Water quality analysis. The 
hardness, acidity, alkalinity, pH, conductivity, TOC or COD, and 
particulate matter of the dilution water shall be measured at the 
beginning of each definitive test.
    (ii) Collection of samples for measurement of test substance. Each 
sample to be analyzed for the test substance concentrations shall be 
taken at a location midway between the top, bottom, and sides of the 
test chamber. Samples should not include any surface scum or material 
dislodged from the bottom or sides. Samples shall be analyzed 
immediately or handled and stored in a manner which minimizes loss of 
test substance through microbial degradation, photogradation, chemical 
reaction, volatilization, or sorption.
    (iii) Measurement of test substance. (A) For static tests, the 
concentration of dissolved test substance (that which passes through a 
0.45 micron filter) shall be measured in each test chamber at least at 
the beginning (zero-hour, before gammarids are added) and at the end of 
the test. During flow-through tests, the concentration of dissolved test 
substance shall be measured in each test chamber at least at 0 and 96-
hours and in at least one chamber whenever a malfunction of the test 
substance delivery system is observed.
    (B) The analytical methods used to measure the amount of test 
substance in a sample shall be validated before beginning the test. This 
involves adding a known amount of the test substance to each of three 
water samples taken from a chamber containing dilution water and the 
same number of gammarids as are placed in each test chamber. The nominal 
concentrations of the test substance in these samples should span the 
concentration range to be used in the test. Validation of the analytical 
method should be performed on at least two separate days prior to 
starting the test.
    (C) An analytical method is not acceptable if likely degradation 
products of the test substance give positive or negative interferences, 
unless it is shown that such degradation products are not present in the 
test chambers during the test.
    (D) Among replicate test chambers, the measured concentrations shall 
not vary more than 20 percent. The measured concentration of the test 
substance in any chamber during the test shall not vary more than plus 
or minus 30 percent from the measured concentration in that chamber at 
zero time.
    (E) The mean measured concentration of dissolved test substance 
shall be used to calculate all LC50's and to plot all concentration-
response curves.
    (d) Test conditions for definitive test--(1) Test species--(i) 
Selection. (A) The amphipods, Gammarus fasciatus, G. pseudolimnaeus, and 
G. lacustris are specified for this test.
    (B) Gammarids can be cultured in the laboratory or collected from 
natural sources. If collected, they must be held in the laboratory for 
at least 14 days prior to testing.
    (C) Gammarids used in a particular test shall be of similar age and/
or size and from the same source or culture population.
    (ii) Acclimation. If the holding water is from the same source as 
the dilution water, acclimation to the dilution water shall be done 
gradually over a 48-hour period. The gammarids then shall be held at 
least 7 days in the dilution water prior to testing. Any changes in 
water temperature should not exceed 2  deg.C per day. Gammarids should 
be held for a minimum of 7 days at the test temperature prior to 
testing.

    (iii) Care and handling. Gammarids shall be cultured in dilution 
water

[[Page 61]]

under similar environmental conditions to those used in the test. 
Organisms shall be handled as little as possible. When handling is 
necessary it should be done as gently, carefully and quickly as 
possible. During culturing and acclimation, gammarids shall be observed 
carefully for signs of stress and mortality. Dead and abnormal 
individuals shall be discarded.

    (iv) Feeding. The organisms shall not be fed during testing. During 
culturing, holding, and acclimation, a sufficient quantity of deciduous 
leaves, such as maple, aspen, or birch, should be placed in the culture 
and holding containers to cover the bottom with several layers. These 
leaves should be aged for at least 30 days in a flow-through system 
before putting them in aquaria. As these leaves are eaten, more aged 
leaves should be added. Pelleted fish food may also be added.

    (2) Facilities--(i) Apparatus--(A) Facilities needed to perform this 
test include:

    (1) Containers for culturing, acclimating and testing gammarids;

    (2) Containers for aging leaves under flow-through conditions;

    (3) A mechanism for controlling and maintaining the water 
temperature during the culturing, acclimation and test periods;

    (4) Apparatus for straining particulate matter, removing gas 
bubbles, or aerating the dilution water, as necessary; and

    (5) An apparatus for providing a 16-hour light and 8-hour dark 
photoperiod with a 15- to 30-minute transition period.

    (B) Facilities should be well ventilated and free of fumes and 
disturbances that may affect the test organism.

    (C) Test chambers shall be covered loosely to reduce the loss of 
test solution or dilution water due to evaporation and to minimize the 
entry of dust or other particulates into the solutions.

    (ii) Construction materials. Construction materials and equipment 
that may contact the stock solution, test solution or dilution water 
should not contain substances that can be leached or dissolved into 
aqueous solutions in quantities that can alter the test results. 
Materials and equipment that contact stock or test solutions should be 
chosen to minimize sorption of test substances. Glass, stainless steel, 
and perfluorocarbon plastic should be used wherever possible. Concrete, 
fiberglass, or plastic (e.g., PVC) may be used for holding tanks, 
acclimation tanks, and water supply systems, but they should be aged 
prior to use. Rubber, coopper, brass, galvanized metal, and lead should 
not come in contact with the dilution water, stock solution, or test 
solution.
    (iii) Test substance delivery system. In flow-through tests, 
diluters, metering pump systems or other suitable devices shall be used 
to deliver the test substance to the test chambers. The system used 
shall be calibrated before each test. The general operation of the test 
substance delivery system shall be checked twice daily during a test. 
The 24-hour flow shall be equal to at least five times the volume of the 
test chamber. During a test, the flow rates should not vary more than 10 
percent from one test chamber to another.
    (iv) Test chambers. Test chambers shall contain at least one liter 
of test solution. Test chambers made of stainless steel should be 
welded, not soldered. Test chambers made of glass should be glued using 
clear silicone adhesive. As little adhesive as possible should be left 
exposed in the interior of the chamber. A substrate, such as a bent 
piece of stainless steel screen, should be placed on the bottom of each 
test chamber to provide cover for the gammarids.
    (v) Cleaning of test system. Test substance delivery systems and 
test chambers should be cleaned before each test. They should be washed 
with detergent and then rinsed sequentially with clean water, pesticide-
free acetone, clean water, and 5-percent nitric acid, followed by two or 
more changes of dilution water.
    (vi) Dilution water. (A) Clean surface or ground water, 
reconstituted water, or dechlorinated tap water is acceptable as 
dilution water if gammarids will survive in it for the duration of the 
culturing, acclimating, and testing periods without showing signs of

[[Page 62]]

strees. The quality of the dilution water should be constant enough that 
the month-to-month variation in hardness, acidity, alkalinity, 
conductivity, TOC or COD, and particulate matter is not more than 10 
percent. The pH should be constant within 0.4 unit. In addition, the 
dilution water should meet the following specifications measured at 
least twice a year:

------------------------------------------------------------------------
                 Substance                      Maximum concentration
------------------------------------------------------------------------
Particulate matter.........................  20 mg/L
Total organic carbon (TOC) or..............  2 mg/L
  chemical oxygen demand (COD).............  5 mg/L
Boron, fluoride............................  100 ug/L
Un-ionized ammonia.........................  1 ug/L
Aluminum, arsenic, chromium, cobalt,         1 ug/L
 copper, iron, lead, nickel, zinc.
Residual chlorine..........................  3 ug/L
Cadmium, mercury, silver...................  100 ng/L
Total organophosphorus pesticides..........  50 ng/L
Total organochlorine pesticides plus:
  polychlorinated biphenyls (PCBs) or......  50 ng/L
  organic chlorine.........................  25 ng/L
------------------------------------------------------------------------

    (B) If the dilution water is from a ground or surface water source, 
conductivity and total organic carbon (TOC) or chemical oxygen demand 
(COD) shall be measured. Reconstituted water can be made by adding 
specific amounts of reagent-grade chemicals to deionized or distilled 
water. Glass-distilled or carbon-filtered deionized water with a 
conductivity less than 1 micromho/cm is acceptable as the diluent for 
making reconstituted water.
    (C) The concentration of dissolved oxygen in the dilution water 
shall be between 90 and 100 percent saturation. If necessary, the 
dilution water can be aerated before the addition of the test substance. 
All reconstituted water should be aerated before use.
    (3) Test parameters. Environmental parameters during the test shall 
be maintained as specified below:
    (i) Water temperature of 18  1  deg.C.
    (ii) Dissolved oxygen concentration between 60 and 105 percent 
saturation.
    (iii) The number of gammarids placed in a test chamber shall not be 
so great as to affect the results of the test. Ten gammarids per liter 
is the recommended level of loading for the static test. Loading 
requirements for the flow-through test will vary depending on the flow 
rate of dilution water. The loading should not cause the dissolved 
oxygen concentration to fall below the recommended levels.
    (iv) Photoperiod of 16 hours light and 8 hours darkness.
    (e) Reporting. The sponsor shall submit to the EPA all data 
developed by the test that are suggestive or predictive of toxicity. In 
addition, the test report shall include, but not necessarily be limited 
to, the following information:
    (1) Name and address of the facility performing the study and the 
dates on which the study was initiated and completed.
    (2) Objectives and procedures stated in the approved protocol, 
including any changes in the original protocol.
    (3) Statistical methods employed for analyzing the data.
    (4) The test substance identified by name, Chemical Abstracts (CAS) 
number or code number, source, lot or batch number, strength, purity, 
and composition, or other appropriate characteristics.
    (5) Stability of the test substance under the conditions of the 
test.
    (6) A description of the methods used, including:
    (i) The source of the dilution water, its chemical characteristics 
(e.g., hardness, pH, etc.) and a description of any pretreatment.
    (ii) A description of the test substance delivery system, test 
chambers, the depth and volume of solution in the chamber, the way the 
test was begun (e.g., test substance addition), the loading, the 
lighting, and the flow rate.
    (iii) Frequency and methods of measurements and observations.
    (7) The scientific name, weight, length, source, and history of the 
organisms used, and the acclimation procedures and food used.
    (8) The concentrations tested, the number of gammarids and 
replicates per test concentration. The reported results should include:
    (i) The results of dissolved oxygen, pH and temperature 
measurements.
    (ii) If solvents are used, the name and source of the solvent, the 
nominal concentration of the test substance in the stock solution, the 
highest solvent concentration in the test solution and a description of 
the solubility determination in water and solvents.

[[Page 63]]

    (iii) The measured concentration of the test substance in each test 
chamber just before the start of the test and at all subsequent sampling 
periods.
    (iv) In each test chamber at each observation period, the number of 
dead and live test organisms, the percentage of organisms that died, and 
the number of test organisms that showed any abnormal effects in each 
test chamber at each observation period.
    (v) The 48, 72 and 96-hour LC50's and their 95 percent confidence 
limits. When sufficient data have been generated, the 24-hour LC50 value 
also. These calculations should be made using the mean measured test 
substance concentrations.
    (vi) The observed no-effect concentration (the highest concentration 
tested at which there were no mortalities or abnormal behavioral or 
physiological effects), if any.
    (vii) Methods and data for all chemical analyses of water quality 
and test substance concentrations, including method validations and 
reagent blanks.
    (9) A description of all circumstances that may have affected the 
quality or integrity of the data.
    (10) The names of the sponsor, study director, principal 
investigator, names of other scientists or professionals, and the names 
of all supervisory personnel involved in the study.
    (11) A description of the transformations, calculations, or 
operations performed on the data, a summary and analysis of the data, 
and a statement of the conclusions drawn from the analysis. Results of 
the analysis of data should include the calculated LC50 value, 95 
percent confidence limits, slope of the transformed concentration-
response line, and the results of a goodness-of-fit test (e.g., chi-
square test).
    (12) The signed and dated reports prepared by any individual 
scientist or other professional involved in the study, including each 
person who, at the request or direction of the testing facility or 
sponsor, conducted an analysis or evaluation of data or specimens from 
the study after data generation was completed.
    (13) The locations where all specimens, raw data, and the final 
report are stored.
    (14) The statement prepared and signed by the quality assurance 
unit.

[52 FR 24462, July 1, 1987]



            Subpart D--Provisional Health Effects Guidelines



Sec. 795.225  Dermal pharmacokinetics of DGBE and DGBA.

    (a) Purpose. The purpose of these studies is to determine:
    (1) The absorption of diethylene glycol butyl ether (DGBE) after 
administration by the dermal route.
    (2) The biotransformation of DGBE administered dermally.
    (3) The dermal absorption of DGBE and diethylene glycol butyl ether 
acetate (DGBA).
    (b) Test procedures--(1) Animal selection--(i) Species. The species 
utilized for investigating DGBE and DGBA shall be the rat, a species for 
which historical data on the toxicity and carcinogenicity of many 
compounds are available and which is used extensively in percutaneous 
absorption studies.
    (ii) Animals. Adult female Sprague Dawley rats shall be used. The 
rats shall be 7 to 8 weeks old and weigh 180 to 220 grams. Prior to 
testing, the animals shall be selected at random for each group. Animals 
showing signs of ill health shall not be used.
    (iii) Animal care. (A) The animals should be housed in 
environmentally controlled rooms with 10 to 15 air changes per hour. The 
rooms should be maintained at a temperature of 25  2  deg.C 
and humidity of 50 10 percent with a 12-hour light/dark 
cycle per day. The rats should be isolated for at least 7 days prior to 
use.
    (B) During the acclimatization period, the rats should be housed in 
cages on hardwood chip bedding. All animals shall be provided with 
conventional laboratory diets and water ad libitum.
    (2) Administration of DGBE and DGBA--(i) Test substances. These 
studies require the use of 14C-labeled DGBE and DGBA. The use 
of 14C-DGBE and 14C-DGBA is required for the 
determinations in paragraphs (a) (1), (2), and (3) of this section 
because they will facilitate the work and improve the reliability of 
quantitative determinations.

[[Page 64]]

    (ii) Dosage and treatment. (A) Two doses of DGBA shall be used in 
the study, a ``low'' dose and a ``high'' dose. Three doses of DGBE shall 
be used in the study, a neat ``low'' dose, an aqueous ``low'' dose, and 
neat ``high'' dose. When administered dermally, the ``high'' dose level 
should ideally induce some overt toxicity such as weight loss. The 
``low'' dose level should correspond to a no observed effect level.
    (B) For dermal treatment, the doses shall be applied in a volume 
adequate to deliver the prescribed doses. The backs of the rats should 
be lightly shaved with an electric clipper shortly before treatment. The 
dose shall be applied with a micropipette on a specific area (for 
example, 2 cm2) on the freshly shaven skin.
    (iii) Washing efficiency study. Before initiation of the dermal 
absorption studies described in paragraph (b)(2)(iv)(A) of this section, 
an initial washing efficiency experiment shall be performed to assess 
the extent of removal of the applied DGBE and DGBA by washing with soap 
and water. Groups of four rats should be lightly anesthetized with 
sodium pentobarbital. These animals shall then be treated with dermal 
doses of test substance at the low dose level. Soon after application (5 
to 10 minutes) the treated animals shall be washed with soap and water 
then housed in individual metabolism cages for excreta collection. Urine 
and feces shall be collected at 8, 24, and 48 hours following dosing. 
Collection of excreta shall continue every 24 hours if a significant 
amounts of DGBE, DGBA, or metabolites continue to be eliminated.
    (iv) Determination of absorption, biotransformation, and excretion. 
(A) Eight animals shall be dosed once dermally with the low dose of 
14C-DGBE.
    (B) Eight animals shall be dosed once dermally with the high dose of 
14C-DGBE.
    (C) Eight animals shall be dosed once dermally with the low dose of 
14C-DGBA.
    (D) Eight animals shall be dosed once dermally with the high dose of 
14C-DGBA.
    (E) The high and low doses of 14C-DGBE and 
14C-DGBA shall be kept on the skin for 24 hours. After 
application, the animals shall be placed in metabolism cages for excreta 
collection. After 24 hours, any test material remaining on the skin will 
be washed off and the containment cell removed. Radiolabeled material in 
the wash will be accounted for in the total recovery. Urine and feces 
shall be collected at 8, 24, 48, 72, and 96 hours after dosing, and if 
necessary, daily thereafter until at least 90 percent of the dose has 
been excreted or until 7 days after dosing, whichever occurs first.
    (3) Observation of animals--(i) Urinary and fecal excretion. The 
quantities of total 14C excreted in urine and feces by rats 
dosed as specified in paragraph (b)(2)(iv) of this section shall be 
determined at 8, 24, 48, 72 and 96 hours after dosing, and if necessary, 
daily thereafter until at least 90 percent of the dose has been excreted 
or until 7 days after dosing (whichever occurs first). Four animals from 
each group shall be used for this purpose.
    (ii) Biotransformation after dermal dosing. Appropriate qualitative 
and quantitative methods shall be used to assay urine specimens 
collected from rats dosed with DGBE as specified in paragraph (b)(2)(iv) 
of this section. Any metabolite which comprises greater than 10 percent 
of the dose shall be identified.
    (c) Data and reporting--(1) Treatment of results. Data shall be 
summarized in tabular form.
    (2) Evaluation of results. All observed results, quantitative or 
incidental, shall be evaluated by an appropriate statistical method.
    (3) Test report. In addition to the reporting requirements as 
specified in the TSCA Good Laboratory Practice Standards, in part 792, 
subpart J of this chapter, the following specific information shall be 
reported:
    (i) Species, strain, and supplier of laboratory animals.
    (ii) Information on the degree (i.e., specific activity for a 
radiolabel) and sites of labeling of the test substances.
    (iii) A full description of the sensitivity and precision of all 
procedures used to produce the data.
    (iv) Relative percent absorption by the dermal route for rats 
administered low and high doses of 14C-DGBE and 
14C-DGBA.

[[Page 65]]

    (v) Quantity of isotope, together with percent recovery of the 
administered dose, in feces and urine.
    (vi) Biotransformation pathways and quantities of DGBE and 
metabolites in urine collected after administering single high and low 
dermal doses to rats.

[53 FR 5946, Feb. 26, 1988, as amended at 54 FR 41834, Oct. 12, 1989]



Sec. 795.228  Oral/dermal pharmacokinetics.

    (a) Purpose. The purposes of these studies are to:
    (1) Ascertain whether the pharmacokinetics and metabolism of a 
chemical substance or mixture (``test substance'') are similar after 
oral and dermal administration.
    (2) Determine bioavailability of a test substance after oral and 
dermal administration.
    (3) Examine the effects of repeated dosing on the pharmacokinetics 
and metabolism of the test substance.
    (b) Definitions. (1) Bioavailability refers to the rate and relative 
amount of administered test substance which reaches the systemic 
circulation.
    (2) Metabolism means the study of the sum of the processes by which 
a particular substance is handled in the body and includes absorption, 
tissue distribution, biotransformation, and excretion.
    (3) Percent absorption means 100 times the ratio between total 
excretion of radioactivity following oral or dermal administration and 
total excretion following intravenous administration of test substance.
    (4) Pharmacokinetics means the study of the rates of absorption, 
tissue distribution, biotransformation, and excretion.
    (c) Test procedures--(1) Animal selection--(i) Species. The rat 
shall be used for pharmacokinetics testing because it has been used 
extensively for metabolic and toxicological studies. For dermal 
bioavailability studies, the rat and the mini-pig shall be used.
    (ii) Test animals. For pharmacokinetics testing and dermal studies, 
adult male and female Sprague-Dawley rats, 7 to 9 weeks of age, shall be 
used. For dermal studies, young adult mini-pigs shall also be used. The 
animals should be purchased from a reputable dealer and shall be 
identified upon arrival at the testing laboratory. The animals shall be 
selected at random for the test groups and any animal showing signs of 
ill health shall not be used. In all studies, unless otherwise 
specified, each test group shall contain at least 4 animals of each sex 
for a total of at least 8 animals.
    (iii) Animal care. (A) The animals shall be housed in 
environmentally controlled rooms with at least 10 air changes per hour. 
The rooms shall be maintained at a temperature of 24  2 
deg.C and humidity of 50  20 percent with a 12-hour light/
dark cycle per day. The animals shall be kept in a quarantine facility 
for at least 7 days prior to use and shall be acclimated to the 
experimental environment for a minimum of 48 hours prior to 
administration of the test substance.
    (B) During the acclimatization period, the animals shall be housed 
in suitable cages. All animals shall be provided with certified feed and 
tap water ad libitum. The mini-pig diet shall be supplemented with 
adequate amounts of ascorbic acid in the drinking water.
    (2) Administration of test substance--(i) Test substance. The use of 
a radioactive test substance is required for all studies. Ideally, the 
purity, radioactive and nonradioactive, is greater than 99 percent. The 
radioactive and nonradioactive test substances shall be chromatographed 
separately and together to establish purity and identity. If the purity 
is less than 99 percent or if the chromatograms differ significantly, 
EPA should be consulted.
    (ii) Dosage and treatment--(A) Intravenous. The low dose of test 
substance, in an appropriate vehicle, shall be administered 
intravenously to groups of rats and mini-pigs of each sex. If feasible, 
the same low dose should be used for intravenous, oral, and dermal 
studies.
    (B) Oral. Two doses of text substance shall be used in the oral 
study, a low dose and a high dose. The high dose should ideally induce 
some overt toxicity, such as weight loss. The low dose

[[Page 66]]

should correspond to a no-observed effect level. The oral dosing shall 
be accomplished by gavage or by administering the encapsulated test 
substance. If feasible, the same high and low doses should be used for 
oral and dermal studies.
    (C) Dermal. (1) Dermal treatment. For dermal treatment, two doses, 
comparable to the low and high oral doses, shall be dissolved in a 
suitable vehicle and applied in volumes adequate to deliver comparable 
doses. The backs of the animals should be lightly shaved with an 
electric clipper 24 hours before treatment. The test substance shall be 
applied to the intact shaven skin (approximately 2 cm\2\ for rats, 5 
cm\2\ for mini-pigs). The dosed areas shall be protected with a suitable 
porous covering which is secured in place, and the animals shall be 
housed separately.
    (2) Washing efficacy study. Before initiation of the dermal 
absorption studies, an initial washing efficacy experiment shall be 
conducted to assess the removal of the applied low dose of the test 
substance by washing the exposed skin area with soap and water and an 
appropriate organic solvent. The low dose shall be applied to 4 rats and 
4 mini-pigs in accordance with paragraph (c)(2)(ii)(C)(1) of this 
section. After application (5 to 10 minutes), the treated areas of 2 
rats and 2 mini-pigs shall be washed with soap and water and the treated 
areas of the remaining rats and pigs shall be washed with an appropriate 
solvent. The amounts of test substance recovered in the washings shall 
be determined to assess efficacy of its removal by washing.
    (iii) Dosing and sampling schedule--(A) Rat studies. After 
administration of the test substance, each rat shall be placed in a 
metabolic unit to facilitate collection of excreta. For the dermal 
studies, excreta from the rats shall also be collected during the 6 hour 
exposure periods. At the end of each collection period, the metabolic 
units shall be cleaned to recover any excreta that might adhere to them. 
All studies, except the repeated dosing study, shall be terminated at 7 
days or after at least 90 percent of the radioactivity has been 
recovered in the excreta, whichever occurs first.
    (1) Intravenous study. Group A shall be dosed once intravenously at 
the low dose of test substance.
    (2) Oral study. (i) Group B shall be dosed once per os with the low 
dose of test substance.
    (ii) Group C shall be dosed once per os with the high dose of test 
substance.
    (3) Dermal studies. Unless precluded by corrosivity, the test 
substance shall be applied and kept on the skin for a minimum of 6 
hours. At the time of removal of the porous covering, the treated area 
shall be washed with an appropriate solvent to remove any test substance 
that may be on the skin surface. Both the covering and the washing shall 
be assayed to recover residual radioactivity. At the termination of the 
studies, each animal shall be sacrificed and the exposed skin area 
removed. An appropriate section of the skin shall be solubilized and 
assayed for radio-activity to ascertain if the skin acts as a reservoir 
for the test substance. Studies on the dermal absorption of corrosive 
test substances should be discussed with EPA prior to initiation.
    (i) Group D shall be dosed once dermally with the low dose of test 
compound.
    (ii) Group E shall be dosed once dermally with the high dose of the 
test substance.
    (4) Repeated dosing study. Group F shall receive a series of single 
daily oral low doses of nonradioactive test substance over a period of 
at least 7 days. Twenty-four hours after the last nonradioactive dose, a 
single oral low dose of radioactive test substance shall be 
administered. Following dosing with the radioactive substance, the rats 
shall be placed in individual metabolic units as described in paragraph 
(c)(2)(iii) of this section. The study shall be terminated at 7 days 
after the last dose, or after at least 90 percent of the radioactivity 
has been recovered in the excreta, whichever occurs first.
    (B) Mini-Pig studies. For all mini-pig studies, the test groups 
shall consist of four young adult animals. After administration of the 
test substance, each mini-pig shall be kept in a metabolic unit to 
facilitate collection of excreta. At the end of each collection period, 
the metabolic units are to be cleaned

[[Page 67]]

to recover any excreta that might adhere to them. All studies shall be 
terminated at 7 days, or after at least 90 percent of the radio-activity 
has been recovered in the excreta, whichever occurs first.
    (1) Intravenous study. Group G is to be dosed once intravenously at 
the low dose of the test substance.
    (2) Dermal studies. Following the experimental guidance described in 
(c)(2)(iii)(A)(3) of this section:
    (i) Group H shall be dosed once dermally with the low dose of test 
substance.
    (ii) Group I shall be dosed once dermally with the high dose of the 
test substance.
    (3) Types of studies--(i) Pharmacokinetics studies--(A) Rat studies. 
Groups A through F shall be used to determine the kinetics of absorption 
of the test substance. In the group administered the test substance by 
intravenous routes, (i.e., Group A), the concentration of radioactivity 
in blood and excreta shall be measured following administration. In 
groups administered the test substance by the oral and dermal route 
(i.e., Groups B, C, D, E and F), the concentration of radioactivity in 
blood and excreta shall be measured at selected time intervals during 
and following the exposure period.
    (B) Mini-Pig studies. Groups G, H, and I shall be used to determine 
the extent of dermal absorption of the test substance. The amount of 
radioactivity in excreta shall be determined at selected time intervals.
    (ii) Metabolism studies--Rat studies. Groups A through F shall be 
used to determine the metabolism of the test substance. Urine, feces, 
and expired air shall be collected for identification and quantification 
of the test substance and metabolites.
    (4) Measurements--(i) Pharmacokinetics. Four animals from each group 
shall be used for these purposes.
    (A) Rat studies--(1) Bioavailability. The levels of radioactivity 
shall be determined in whole blood, blood plasma or blood serum at 15 
and 30 minutes and at 1, 2, 8, 24, 48, and 96 hours after initiation of 
dosing.
    (2) Extent of absorption. The total quantities of radioactivity 
shall be determined for excerta collected daily for 7 days or until at 
least 90 percent of the radioactivity has been recovered in the excreta.
    (3) Excretion. The quantities of radioactivity eliminated in the 
urine, feces, and expired air shall be determined separately at 
appropriate time intervals. The collection of carbon dioxide may be 
discontinued when less than one percent of the dose is found to be 
exhaled as radioactive carbon dioxide in 24 hours.
    (4) Tissue distribution. At the termination of each study, the 
quantities of radioactivity in blood and in various tissues, including 
bone, brain, fat, gastrointestinal tract, gonads, heart, kidney, liver, 
lungs, muscle, skin, and residual carcass of each animal shall be 
determined.
    (5) Changes in pharmacokinetics. Results of pharmacokinetics 
measurements (i.e., bioavailability and extent of absorption, tissue 
distribution, and excretion) obtained in rats receiving the single low 
oral dose of the test substance (Groups B and C) shall be compared to 
the corresponding results obtained in rats receiving repeated oral doses 
of the test substance (Group F).
    (B) Mini-Pig studies--Extent of absorption. The total quantities of 
radioactivity shall be determined for excreta daily for 7 days or until 
at least 90 percent of the test substance has been excreted.
    (ii) Metabolism. Four animals from each group shall be used for 
these purposes.
    (A) Rat studies--(1) Biotransformation. Appropriate qualitative and 
quantitative methods shall be used to assay urine, feces, and expired 
air collected from rats. Efforts shall be made to identify any 
metabolite which comprises 5 percent or more of the administered dose 
and the major radioactive components of blood.
    (2) Changes in biotransformation. Appropriate qualitative and 
quantitative assay methodology shall be used to compare the composition 
of radioactive compounds in excreta from rats receiving a single oral 
dose (Groups B and C) with those in the excreta from rats receiving 
repeated oral doses (Group H).
    (d) Data and reporting. The final test report shall include the 
following:

[[Page 68]]

    (1) Presentation of results. Numerical data shall be summarized in 
tabular form. Pharmacokinetic data shall also be presented in graphical 
form. Qualitative observations shall also be reported.
    (2) Evaluation of results. All quantitative results shall be 
evaluated by an appropriate statistical method.
    (3) Reporting results. In addition to the reporting requirements as 
specified in 40 CFR part 792, the following specific information shall 
be reported:
    (i) Species and strains of laboratory animals.
    (ii) Chemical characterization of the test substance, including:
    (A) For the radioactive test substances, information on the site(s) 
and degree of radiolabeling, including type of label, specific activity, 
chemical purity, and radiochemical purity.
    (B) For the nonradioactive compound, information on chemical purity.
    (C) Results of chromatography.
    (iii) A full description of the sensitivity, precision, and accuracy 
of all procedures used to generate the data.
    (iv) Percent of absorption of test substance after oral and dermal 
exposures to rats and dermal exposure to mini-pigs.
    (v) Quantity and percent recovery of radioactivity in feces, urine, 
expired air, and blood. In dermal studies on rats and mini-pigs, include 
recovery data for skin, skin washings, and residual radioactivity in the 
covering as well as results of the washing efficacy study.
    (vi) Tissue distribution reported as quantity of radioactivity in 
blood and in various tissues, including bone, brain, fat, 
gastrointestinal tract, gonads, heart, kidney, liver, lung, muscle, skin 
and in residual carcass of rats.
    (vii) Materials balance developed from each study involving the 
assay of body tissues and excreta.
    (viii) Biotransformation pathways and quantities of test substance 
and metabolites in excreta collected after administering single high and 
low doses to rats.
    (ix) Biotransformation pathways and quantities of the test substance 
and metabolites in excreta collected after administering repeated low 
doses to rats.
    (x) Pharmacokinetics model(s) developed from the experimental data.

[54 FR 33411, Aug. 14, 1989; 54 FR 49844, Dec. 1, 1989; 55 FR 25392, 
June 21, 1990]



Sec. 795.231  Pharmacokinetics of isopropanal.

    (a) Purpose. The purposes of these studies are to:
    (1) Ascertain whether the pharmacokinetics and metabolism of the 
``test substance'' are similar after oral and inhalation administration.
    (2) Determine bioavailability of the test substance after oral and 
inhalation administration.
    (3) Examine the effects of repeated dosing on the pharmacokinetics 
and metabolism of the test substance.
    (b) Definitions. (1) ``Bioavailability'' refers to the rate and 
relative amount of administered test substance which reaches the 
systemic circulation.
    (2) ``Metabolism'' means the study of the sum of the processes by 
which a particular substance is handled in the body, and includes 
absorption, tissue distribution, biotransformation, and excretion.
    (3) ``Pharmacokinetics'' means the study of the rates of absorption, 
tissue distribution, biotransformation, and excretion.
    (c) Test procedures--(1) Animal selection--(i) Species. The rat 
shall be used because it has been used extensively for metabolic and 
toxicological studies.
    (ii) Test animals. For pharmacokinetics testing, adult male and 
female rats (Fischer 344 or strain used for major toxicity testing), 7 
to 9 weeks of age, shall be used. The animals should be purchased from a 
reputable dealer and shall be identified upon arrival at the testing 
laboratory. The animals shall be selected at random for the testing 
groups and any animal showing signs of ill health shall not be used. In 
all studies, unless otherwise specified, each test group shall contain 
at least four animals of each sex for a total of at least eight animals.
    (iii) Animal care. (A) Animal care and housing should be in 
accordance with DHEW Publication No. (NIH)-85-23, 1985, entitled 
``Guidelines for the Care and Use of Laboratory Animals.''
    (B) The animals should be housed in environmentally controlled rooms 
with

[[Page 69]]

at least 10 air changes per hour. The rooms shall be maintained at a 
temperature of 222  deg.C and humidity of 5020 
percent with a 12-hour light/dark cycle per day. The animals shall be 
kept in a quarantine facility for at least 7 days prior to use and shall 
be acclimated to the experimental environment for a minimum of 48 hours 
prior to treatment.
    (C) During the acclimatization period, the animals should be housed 
in suitable cages. All animals shall be provided with certified feed and 
tap water ad libitum.
    (2) Administration of test substance--(i) Test substance. The use of 
radioactive test substance is required for all materials balance and 
metabolite identification requirements of the study. Ideally, the purity 
of both radioactive and nonradioactive test substance should be greater 
than 99 percent. The radioactive and nonradioactive substances shall be 
chromatographed separately and together to establish purity and 
identity. If the purity is less than 99 percent or if the chromatograms 
differ significantly, EPA should be consulted.
    (ii) Dosage and treatment--(A) Intravenous. The low dose of test 
substance, in an appropriate vehicle, shall be administered 
intravenously to four rats of each sex.
    (B) Oral. Two doses of test substance shall be used in the oral 
portion of the study, a low dose and a high dose. The high dose should 
ideally induce some overt toxicity, such as weight loss. The low dose 
level should correspond to a no-observed effect level. The oral dosing 
shall be accomplished by gavage or by administering an encapsulated test 
substance. If feasible, the same high and low doses should be used for 
oral and dermal studies.
    (C) Inhalation. Two concentrations of the test substance shall be 
used in this portion of the study, a low concentration and a high 
concentration. The high concentration should ideally induce some overt 
toxicity, while the low concentration should correspond to a no observed 
level. Inhalation treatment should be conducted using a ``nose-cone'' or 
``head only'' apparatus to prevent ingestion of the test substance 
through ``grooming''.
    (iii) Dosing and sampling schedule. After administration of the test 
substance, each rat shall be placed in a separate metabolic unit to 
facilitate collection of excreta. For the inhalation studies, excreta 
from the rats shall also be collected during the exposure periods. At 
the end of each collection period, the metabolic units shall be cleaned 
to recover any excreta that might adhere to the cages. All studies, 
except the repeated dose study, shall be terminated at 7 days, or after 
at least 90 percent of the radioactivity has been recovered in the 
excreta, whichever occurs first.
    (A) Intravenous study. Group A shall be dosed once intravenousely at 
the low dose of test substance.
    (B) Oral studies. (1) Group B shall be dosed once per os with the 
low dose of the test substance.
    (2) Group C shall be dosed once per os with the high dose of the 
test substance.
    (C) Inhalation studies. A single 6-hour exposure period shall be 
used for each group.
    (1) Group D shall be exposed to a mixture of the test substance in 
air at the low concentration.
    (2) Group E shall be exposed to a mixture of test substance in air 
at the high concentration.
    (D) Repeated dosing study. Group F shall receive a series of single 
daily oral low doses of nonradioactive test substance over a period of 
at least 7 consecutive days. Twenty four hours after the last 
nonradioactive dose, a single oral low dose of radioactive test 
substance shall be administered. Following dosing with radioactive 
substance, the rats shall be placed in individual metabolic units as 
described in paragraph (c)(2)(iii) of this section. The study shall be 
terminated 7 days after the last dose, or after at least 90 percent of 
the radioactivity has been recovered in the excreta, whichever occurs 
first.
    (3) Types of studies--(i) Pharmacokinetics studies. Groups A through 
F shall be used to determine the kinetics of absorption of the test 
substance. In groups administered the substance by intravenous or oral 
routes, (i.e., Groups A, B, C, F), the concentration of radioactivity in 
blood and excreta including

[[Page 70]]

expired air shall be measured following administration. In groups 
administered the substance by the inhalation route (i.e., Groups D and 
E), the concentration of radioactivity in blood shall be measured at 
selected time intervals during and following the exposure period. In the 
groups administered the substance by inhalation (i.e., Groups D and E), 
the concentration of radioactivity in excreta (including expired air) 
shall be measured at selected time intervals following the exposure 
period. In addition, in the groups administered the substance by 
inhalation, the concentration of test substance in inspired air shall be 
measured at selected time intervals during the exposure period.
    (ii) Metabolism studies. Groups A through F shall be used to 
determine the metabolism of the test substance. Excreta (urine, feces, 
and expired air) shall be collected for identification and 
quantification of test substance and metabolites.
    (4) Measurements--(i) Pharmacokinetics. Four animals from each group 
shall be used for these purposes.
    (A) Bioavailability. The levels of radioactivity shall be determined 
in whole blood, blood plasma or blood serum at 15 minutes, 30 minutes, 
1, 2, 3, 6, 9, and 18 hours after dosing; and at 30 minutes, 3, 6, 6.5, 
7, 8, 9, 12, and 18 hours after initation of inhalation exposure.
    (B) Extent of absorption. The total quantities of radioactivity 
shall be determined for excreta collected daily for 7 days, or after at 
least 90 percent of the radioactivity has been recovered in the excreta, 
whichever occurs first.
    (C) Excretion. The quantities of radioactivity eliminated in the 
urine, feces, and expired air shall be determined separately at 
appropriate time intervals. The collection of the intact test substance 
or its metabolites, including carbon dioxide, may be discontinued when 
less than 1 percent of the administered dose is found to be exhaled as 
radioactive carbon dioxide in 24 hours.
    (D) Tissue distribution. At the termination of each study, the 
quantities of radioactivity in blood and in various tissues, including 
bone, brain, fat, gastrointestinal tract, gonads, heart, kidney, liver, 
lungs, muscle, skin, spleen, and residual carcass of each animal shall 
be determined.
    (E) Changes in pharmacokinetics. Results of pharmacokinetics 
measurements (i.e., biotransformation, extent of absorption, tissue 
distribution, and excretion) obtained in rats receiving the single low 
oral dose of test substance (Group B) shall be compared to the 
corresponding results obtained in rats receiving repeated oral doses of 
test substance (Group F).
    (F) Biotransformation. Appropriate qualitative and quantitative 
methods shall be used to assay urine, feces, and expired air collected 
from rats. Efforts shall be made to identify any metabolite which 
comprises 5 percent or more of the dose eliminated.
    (G) Changes in biotransformation. Appropriate qualitative and 
quantitative assay methodology shall be used to compare the composition 
of radioactive substances in excreta from the rats receiving a single 
oral dose (Groups B and C) with those in the excreta from rats receiving 
repeated oral doses (Group F).
    (ii) [Reserved]
    (d) Data and reporting. The final test report shall include the 
following:
    (1) Presentation of results. Numerical data shall be summarized in 
tabular form. Pharmacokinetics data shall also be presented in graphical 
form. Qualitative observations shall also be reported.
    (2) Evaluation of results. All quantitative results shall be 
evaluated by an appropriate statistical method.
    (3) Reporting results. In addition to the reporting requirements as 
specified in the EPA Good Laboratory Practice Standards (40 CFR 
792.185), the following specific information shall be reported:
    (i) Species and strains of laboratory animals.
    (ii) Chemical characterization of the test substance, including:
    (A) For the radioactive test substance, information on the site(s) 
and degree of radiolabeling, including type of label, specific activity, 
chemical purity, and radiochemical purity.
    (B) For the nonradioactive substance, information on chemical 
purity.
    (C) Results of chromatography.
    (iii) A full description of the sensitivity, precision, and accuracy 
of all procedures used to generate the data.

[[Page 71]]

    (iv) Extent of absorption of the test substance as indicated by: 
percent absorption of the administered oral dose; and total body burden 
after inhalation exposure.
    (v) Quantity and percent recovery of radioactivity in feces, urine, 
expired air, and blood.
    (vi) Tissue distribution reported as quantity of radioactivity in 
blood and in various tissues, including bone, brain, fat, 
gastrointestinal tract, gonads, heart, kidney, liver, lung, muscle, 
skin, spleen and in residual carcass of each rat.
    (vii) Biotransformation pathways and quantities of the test 
substance and metabolites in excreta collected after administering 
single high and low doses to rats.
    (viii) Biotransformation pathways and quantities of the test 
substance and metabolites in excreta collected after administering 
repeated low doses to rats.
    (ix) Pharmacokinetics model(s) developed from the experimental data.

[54 FR 43261, Oct. 23, 1989]



Sec. 795.232  Inhalation and dermal pharmacokinetics of commercial hexane.

    (a) Purposes. The purposes of these studies are to:
    (1) Determine the bioavailability of the test substances after 
dermal and inhalation administration.
    (2) Compare the pharmacokinetics and metabolism of the test 
substances after intravenous, dermal, and inhalation administration.
    (3) Examine the effects of repeated doses on the pharmacokinetics 
and metabolism of the test substances.
    (b) Definitions. (1) Bioavailability refers to the relative amount 
of administered test substance which reaches the systemic circulation 
and the rate at which this process occurs.
    (2) Metabolism means the sum of the enzymatic and nonenzymatic 
processes by which a particular substance is handled in the body.
    (3) Pharmacokinetics means the study of the rates of absorption, 
tissue distribution, biotransformation, and excretion.
    (4) Low dose should correspond to 1 /10 of the high dose.
    (5) High dose shall not exceed the lower explosive limit (LEL) and 
ideally should induce minimal toxicity.
    (6) Test substance refers to the unlabeled and both radiolabeled 
mixtures (14C-n-hexane and 14C-methylcyclopentane) 
of commercial hexane used in the testing.
    (c) Test procedures--(1) Animal selection--(i) Species. The rat 
shall be used for pharmacokinetics testing because it has been used 
extensively for metabolic and toxicological studies.
    (ii) Test animals. Adult male and female rats shall be used for 
testing. The rats shall be 7 to 9 weeks old and their weight range 
should be comparable from group to group. The animals shall be purchased 
from a reputable dealer and shall be permanently identified upon 
arrival. The animals shall be selected at random for the testing groups, 
and any animal showing signs of ill health shall not be used.
    (iii) Animal care. (A) Animal care and housing shall be in 
accordance with DHHS/PHS NIH Publication No. 86-23, 1985, ``Guidelines 
for the Care and Use of Laboratory Animals.''
    (B) The animals shall be housed in environmentally controlled rooms 
with at least 10 air changes per hour. The rooms shall be maintained at 
a temperature of 18 to 26 degrees centigrade and humidity of 40 to 70 
percent with a 12-hour light/dark cycle per day. The animal subjects 
shall be kept in a quarantine facility for at least 7 days prior to use, 
and shall be acclimated to the experimental environment for a minimum of 
48 hours prior to treatment.
    (C) During the acclimatization period, the rats shall be housed in 
suitable cages. All animals shall be provided with certified feed and 
tap water ad libitum.
    (2) Administration of test substances--(i) Test substances. The 
study will require the use of both radiolabeled and unlabeled test 
substances. All unlabeled commercial hexane shall be from the same lot 
number. Two kinds of radiolabeled test substances will be tested. 
14C-n-hexane shall be the only radiolabeled component of one, 
and 14C-MCP shall be the only radiolabeled component of the 
other test substance.

[[Page 72]]

The use of both radiolabeled test substances is required for all 
pharmacokinetics and metabolism studies described in this rule, except 
for the bioavailability measurements required in (c)(4)(i)(A) of this 
section. The bioavailability measurements need only be conducted with 
the test substance containing 14C-n-hexane or an unlabeled 
test substance may be used if it can be demonstrated that the analytical 
sensitivity of the method used with the unlabeled test substance is 
equal to or greater than the sensitivity which could be obtained with 
the radiolabeled test substance. If an unlabeled test substance is used 
for bioavailability measurements, these measurements shall be extended 
to include relevant metabolites of n-hexane. These test substances shall 
contain at least 40 liquid volume percent but no more than 55 liquid 
volume percent n-hexane and no less than 10 liquid volume percent 
methylcyclopentane (MCP) and otherwise conform to the specifications 
prescribed in the American Society for Testing and Materials Designation 
D 1836-83 (ASTM D 1836), ``Standard Specification for Commercial 
Hexanes'', published in the 1986 Annual Book of ASTM Standards: 
Petroleum Products and Lubricants, ASTM D 1836-83, pp. 966-967, 1986, 
which is incorporated by reference in accordance with 5 U.S.C. 552(a). 
ASTM D 1863-83 is available for public inspection at the Office of the 
Federal Register, Suite 700, 800 North Capitol St., NW., Washington, DC, 
and copies may be obtained from the Non-Confidential Information Center 
(NCIC) (7407), Office of Pollution Prevention and Toxics, U.S. 
Environmental Protection Agency, Room B-607 NEM, 401 M Street, SW., 
Washington, DC 20460, between the hours of 12 p.m. and 4 p.m. weekdays 
excluding legal holidays. This incorporation by reference was approved 
by the Director of the Office of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. This material is incorporated as it 
exists on the date of approval, and a notice of any change in this 
material will be published in the Federal Register.
    (ii) Dosage and treatment--(A) Intravenous. An appropriate dose of 
the test substance shall be administered intravenously. The intravenous 
data obtained in this portion of the study shall be suitable for the 
determination of absorption, distribution, and excretion parameters of 
the test substance. Factors that should be considered in the selection 
of the intravenous doses are: The acute toxicity of the test substance, 
the availability of a suitable vehicle (if saline is unsuitable) and the 
solubility of the test substance in the vehicle.
    (B) Inhalation. Two concentrations of each test substance shall be 
used in this portion of the study, a low concentration and a high 
concentration. The high concentration should induce minimal toxicity, 
but shall not exceed the lower explosive limit (LEL). The low 
concentration shall correspond to 1/10 of the high concentration. 
Inhalation treatment shall be conducted using a ``nose-cone'' or ``head 
only'' apparatus to reduce ingestion of the test substance through 
``grooming'' or dermal absorption.
    (C) Dermal. Dermal absorption studies should be conducted by the 
methodology of Susten, A.S., Dames, B.L. and Niemeier, R.W., ``In vivo 
percutaneous absorption studies of volatile solvents in hairless mice. 
I. Description of a skin depot'', In: Journal of Applied Toxicology 
6:43-46, (1986), or by some other suitable method because the test 
substances have significant volatility. The high and low doses shall be 
tested in rats.
    (iii) Dosing and sampling schedule. Each experimental group shall 
contain at least four animals of each sex. After administration of the 
test substance, each rat shall be placed in an individual metabolic unit 
for collection of urine, feces, and expired air. For the dermal studies, 
excreta from the rats shall also be collected during the exposure 
periods. At the end of each collection period, the metabolic units shall 
be cleaned to recover any excreta that might adhere to the units. All 
studies, except the repeated dose studies, shall be terminated at 7 
days, or after at least 90 percent of the administered radioactivity has 
been recovered in the excreta, whichever occurs first. All studies 
described below shall be conducted separately with each radiolabeled 
test substance.

[[Page 73]]

    (A) Intravenous study. Group A shall be given a single intravenous 
dose of the radiolabeled test substance to result in a level of 
commercial hexane in the blood that approximates the level from the 
other routes of exposure so that the data can be used to determine 
absorption and excretion parameters.
    (B) Inhalation studies. A single 6-hour exposure period shall be 
used for each group.
    (1) Group B shall be exposed to a mixture of the radiolabeled test 
substance in air at the low concentration.
    (2) Group C shall be exposed to a mixture of the radiolabeled test 
substance in air at the high concentration.
    (C) Dermal studies. The test substance shall be applied and kept on 
the skin for a minimum of 6 hours. The covering apparatus components 
shall be assayed to recover residual radioactivity. At the termination 
of the studies, each animal shall be sacrificed and the exposed skin 
area removed. An appropriate section of the skin shall be solubilized 
and assayed for radioactivity to ascertain whether the skin acts as a 
reservoir for the test substance.
    (1) Group D shall be given one dermal, low dose of the radiolabeled 
test substance.
    (2) Group E shall be given one dermal, high dose of the radiolabeled 
test substance.
    (D) Repeated dosing study. Group F shall receive a series of single 
daily 6-hour inhalation exposures to unlabeled test substance at the low 
dose over a period of at least 7 days. A single 6-hour inhalation 
exposure to the radiolabeled test substance at the low dose shall be 
administered 24 hours after the last unlabeled exposure. Following 
administration of the radiolabeled substance, the rats shall be placed 
in individual metabolic units and excreta collected. The study shall be 
terminated 7 days after the last exposure, or after at least 90 percent 
of the radioactivity has been recovered in the excreta, whichever occurs 
first.
    (3) Types of studies--(i) Pharmacokinetics studies. Groups A through 
F shall be used to determine the kinetics of absorption of the test 
substance. In animal subjects administered the test substance 
intravenously (i.e., Group A), the concentration of test substance in 
blood and excreta shall be measured following administration. In animal 
subjects administered the test substance by the inhalation and dermal 
routes (i.e., Groups B through F), the concentration of test substance 
in blood shall be measured at selected time intervals during and 
following the exposure period. In animal subjects administered the test 
substance by the inhalation route (i.e., Groups B, C, and F) the 
concentration of test substance in excreta shall be measured following 
exposure. In animal subjects administered the test substance by the 
dermal route (i.e., Groups D and E) the concentration of test substance 
in excreta shall be measured during and following exposure. These 
measurements allow calculation of uptake, half lives, and clearance. In 
addition, in the groups administered the test substance by inhalation 
(i.e., Groups B, C, and F), the concentration of test substance in the 
exposure chamber air shall be measured at selected time intervals during 
the exposure period.
    (ii) Metabolism studies. Groups A through F shall be used to 
determine the metabolism of the test substance. Excreta (urine, feces, 
and expired air) shall be collected for identification and measurement 
of the quantities of test substance and metabolites.
    (4) Measurements--(i) Pharmacokinetics. At least four animals from 
each group shall be used for these purposes.
    (A) Bioavailability. The levels of test substance and relevant 
metabolites, as appropriate, shall be determined in whole blood, blood 
plasma or blood serum at appropriate intervals after initiation of 
intravenous, dermal, and inhalation exposure. The sampling intervals 
should be compatible with the exposure route under study. The 
determinations need only be done on animals administered the test 
substance containing 14C-n-hexane or, if the analytical 
sensitivity is equal or greater, unlabeled test substance may be used.
    (B) Extent of absorption. The total quantities of radioactivity 
shall be determined for excreta collected daily for 7 days, or until at 
least 90 percent of theradioactivity has been recovered in the excreta, 
whichever occurs first.
    (C) Excretion. The quantities of radioactivity eliminated in the 
urine, feces,

[[Page 74]]

and expired air shall be determined separately at time intervals that 
provide accurate measurement of clearance and excretory rates. The 
collection of carbon dioxide may be discontinued when less than one 
percent of the dose is found to be exhaled as radioactive carbon dioxide 
in 24 hours.
    (D) Tissue distribution. At the termination of each study, the 
quantities of radioactivity shall be determined in blood and in various 
tissues, including bone, brain, fat, gastrointestinal tract, gonads, 
heart, kidney, liver, lungs, muscle, skin, spleen, thymus, and residual 
carcass of each animal.
    (E) Change in pharmacokinetics. Results of pharmacokinetics 
measurements (i.e., biotransformation, extent of absorption, tissue 
distribution, and excretion) obtained in rats receiving the single 
inhalation exposure to the low dose of the test substance (Group B) 
shall be compared to the corresponding results obtained in rats 
receiving repeated inhalation exposures to the low dose of the test 
substance (Group F).
    (ii) Metabolism. At least four animals from each group shall be used 
for these purposes.
    (A) Biotransformation. Appropriate qualitative and quantitative 
methods shall be used to assay urine, feces, and expired air collected 
from rats. Efforts shall be made to identify any metabolite which 
comprises 5 percent or more of the dose administered.
    (B) Changes in biotransformation. Appropriate qualitative and 
quantitative assay methods shall be used to compare the composition of 
radioactive compounds in excreta from rats receiving a single inhalation 
exposure (Groups B and C) with that from rats receiving repeated 
inhalation exposures (Group F).
    (d) Data and reporting. The final test report shall include the 
following:
    (1) Presentation of results. Numerical data shall be summarized in 
tabular form. Pharmacokinetics data shall also be presented in graphical 
form. Qualitative observations shall also be reported.
    (2) Evaluation of results. All data shall be evaluated by 
appropriate statistical methods.
    (3) Reporting results. In addition to the reporting requirements as 
specified in 40 CFR part 792, the following information shall be 
reported.
    (i) Strain of laboratory animals.
    (ii) Chemical characterization of the test substances, including:
    (A) For the radiolabeled test substances, information on the sites 
and degree of radiolabeling, including type of label, specific activity, 
chemical purity prior to mixing with the unlabeled hexane mixture, and 
radiochemical purity.
    (B) For the unlabeled test substance, information on lot number and 
the percentage of MCP and n-hexane.
    (C) Results of chromatography.
    (iii) A full description of the sensitivity, precision, and accuracy 
of all procedures used to obtain the data.
    (iv) Percent and rate of absorption of the test substance after 
inhalation and dermal exposures.
    (v) Quantity and percent recovery of radioactivity in feces, urine, 
expired air, and blood. For dermal studies, include recovery data for 
skin and residual radioactivity in the covering apparatus.
    (vi) Tissue distribution reported as quantity of radioactivity in 
blood, in various tissues including bone, brain, fat, gastrointestinal 
tract, gonads, heart, kidney, liver, lung, muscle, skin, spleen, thymus, 
and in residual carcass.
    (vii) Biotransformation pathways, to the extent possible, and 
quantities of the test substances and metabolites in excreta collected 
after administering single high and low doses.
    (viii) Biotransformation pathways, to the extent possible, and 
quantities of test substances and metabolites in excreta collected after 
administering repeated low doses.
    (ix) Pharmacokinetics models to the extent they can be developed 
from the experimental data.

[55 FR 632, Jan. 8, 1990, as amended at 58 FR 34205, June 23, 1993; 60 
FR 34466, July 3, 1995]



Sec. 795.250  Developmental neurotoxicity screen.

    (a) Purpose. In the assessment and evaluation of the toxic 
characteristics of a chemical, it is important to determine when 
acceptable exposures in the

[[Page 75]]

adult may not be acceptable to a developing organism. This test is 
designed to provide information on the potential functional and 
morphologic hazards to the nervous system which may arise in the 
offspring from exposure of the mother during pregnancy and lactation.
    (b) Principle of the test method. The test substance is administered 
to several groups of pregnant animals during gestation and lactation, 
one dose level being used per group. Offspring are randomly selected 
from within litters for neurotoxicity evaluation. The evaluation 
includes observation to detect gross neurological and behavioral 
abnormalities, determination of motor activity, neuropathological 
evaluation, and brain weights. Measurements are carried out periodically 
during both postnatal development and adulthood.
    (c) Test procedures--(1) Animal selection--(i) Species and strain. 
Testing should be performed in the Sprague Dawley rat.
    (ii) Age. Young adult animals (nulliparous females) shall be used.
    (iii) Sex. Pregnant females shall be used at each dose level.
    (iv) Number of animals. The objective is for a sufficient number of 
pregnant rats to be exposed to ensure that an adequate number of 
offspring are produced for neurotoxicity evaluation. At least 20 litters 
are recommended at each dose level. This number assumes a coefficient of 
variation of 20 to 25 percent for most behavioral tests. If, based upon 
experience with historical control data or data for positive controls in 
a given laboratory, the coefficient of variation for a given task is 
higher than 20 to 25 percent, then calculation of appropriate sample 
sizes to detect a 20 percent change from control values with 80 percent 
power would need to be done. For most designs, calculations can be made 
according to Dixon and Massey (1957) under paragraph (e)(5) of this 
section, Neter and Wasserman (1974) under paragraph (e)(10) of this 
section, Sokal and Rohlf (1969) under paragraph (e)(11) of this section, 
or Jensen (1972) under paragraph (e)(8) of this section.
    (A) On day 4 after birth, the size of each litter should be adjusted 
by eliminating extra pups by random selection to yield, as nearly as 
possible, 4 males and 4 females per litter. Whenever the number of male 
or female pups prevents having 4 of each sex per litter, partial 
adjustment (for example, 5 males and 3 females) is permitted. 
Adjustments are not appropriate for litters of less than 8 pups. 
Elimination of runts only is not appropriate. Individual pups should be 
identified uniquely after standardization of litters. A method that may 
be used can be found in Adams et al. (1985) under paragraph (e)(1) of 
this section.
    (B) After standardization of litters, males and females shall be 
randomly assigned to one of each of three behavioral tasks. 
Alternatively, more than one of the behavioral tasks may be conducted in 
the same animal. In the latter case, a minimum of 1 to 2 days should 
separate the tests when conducted at about the same age.
    (C) One male and one female shall be randomly selected from each 
litter for sacrifice at weaning as specified in paragraph (c)(8) of this 
section.
    (2) Control group. A concurrent control group shall be used. This 
group shall be a sham treated group, or, if a vehicle is used in 
administering the test substance, a vehicle control group. Animals in 
the control groups shall be handled in an identical manner to test group 
animals. The vehicle shall neither be developmentally toxic nor have 
effects on reproduction.
    (3) Dose levels and dose selection. (i) At least 3 dose levels plus 
a control (vehicle control, if a vehicle is used) shall be used.
    (ii) If the substance has been shown to be developmentally toxic 
either in a standard developmental toxicity study or a pilot study, the 
highest dose level shall be the maximum dose which will not induce in 
utero or neonatal deaths or malformations sufficient to preclude a 
meaningful evaluation of neurotoxicity.
    (iii) In the absence of standard developmental toxicity, unless 
limited by the physicochemical nature or biologicial properties of the 
substance, the highest dose level shall induce some overt maternal 
toxicity but shall not result in a reduction in weight gain exceeding 20 
percent during gestation and lactation.

[[Page 76]]

    (iv) The lowest dose should not produce any grossly observable 
evidence of either maternal or developmental neurotoxicity.
    (v) The intermediate dose(s) shall be equally spaced between the 
highest and lowest dose.
    (4) Dosing period. Day 0 in the test is the day on which a vaginal 
plug and/or sperm are observed. The dose period shall cover the period 
from day 6 of gestation through weaning (21 days postnatally).
    (5) Administration of test substance. The test substance or vehicle 
should be administered orally by intubation. The test substance shall be 
administered at the same time each day. The animals shall be weighed 
periodically and the dosage based on the most recent weight 
determination.
    (6) Observation of dams. (i) A gross examination of the dams shall 
be made at least once each day, before daily treatment. The animals 
shall be observed by trained technicians who are blind with respect to 
the animal's treatment, using standardized procedures to maximize inter-
observer reliability. Where possible, it is advisable that the same 
observer be used to evaluate the animals in a given study. If this is 
not possible, some demonstration of inter-observer reliability is 
required.
    (ii) During the treatment and observation periods, cage-side 
observations shall include:
    (A) Any responses with respect to body position, activity level, 
coordination of movement, and gait.
    (B) Any unusual or bizarre behavior including, but not limited to 
headflicking, head searching, compulsive biting or licking, self-
mutilation, circling, and walking backwards.
    (C) The presence of:
    (1) Convulsions.
    (2) Tremors.
    (3) Increased levels of lacrimation and/or red-colored tears.
    (4) Increased levels of salivation.
    (5) Piloerection.
    (6) Pupillary dilation or constriction.
    (7) Unusual respiration (shallow, labored, dyspneic, gasping, and 
retching) and/or mouth breathing.
    (8) Diarrhea.
    (9) Excessive or diminished urination.
    (10) Vocalization.
    (iii) Signs of toxicity shall be recorded as they are observed, 
including the time of onset, the degree and duration.
    (iv) Animals shall be weighed at least weekly.
    (v) The day of delivery of litters shall be recorded.
    (7) Study conduct--(i) Observation of offspring. (A) All offspring 
shall be examined cage-side daily for gross signs of mortality and 
morbidity.
    (B) All offspring shall be examined outside the cage for gross signs 
of toxicity whenever they are weighed or removed from their cages for 
behavioral testing. The offspring shall be observed by trained 
technicians, who are blind with respect to the animal's treatment using 
standardized procedures to maximize inter-observer reliability. Where 
possible, it is advisable that the same observer be used to evaluate the 
animals in a given study. If this is not possible, some demonstration of 
inter-observer reliability is required. At a minimum, the end points 
outlined in paragraph (c)(6)(ii) of this section shall be monitored as 
appropriate for the developmental stage being observed.
    (C) Any gross signs of toxicity in the offspring shall be recorded 
as they are observed, including the time of onset, the degree, and 
duration.
    (ii) Developmental landmarks. Live pups should be counted and 
litters weighed by weighing each individual pup at birth, or soon 
thereafter, and on days 4, 7, 13, 17, and 21, and biweekly thereafter. 
The age of the pups at the time of the appearance of the following 
developmental landmarks shall be determined:
    (A) Vaginal opening. General procedure for this determination may be 
found in Adams et al. (1985) under paragraph (e)(1) of this section.
    (B) Testes descent. General procedure for this determination may be 
found in Adams et al. (1985) under paragraph (e)(1) of this section.
    (iii) Motor activity. (A) Motor activity shall be monitored 
specifically on days 13, 17, 21, 45 (2 days), and 60 
(2 days). Motor activity shall be monitored by an automated 
activity recording apparatus. The device used shall be capable

[[Page 77]]

of detecting both increases and decreases in activity, i.e., baseline 
activity as measured by the device shall not be so low as to preclude 
decreases nor so high as to preclude increases. Each device shall be 
tested by standard procedures to ensure, to the extent possible, 
reliability of operation across devices and testing of animals within 
dose groups shall be balanced across devices.
    (B) Each animal shall be tested individually. The test session shall 
be long enough to demonstrate habituation of motor activity in control 
animals, i.e., to approach asymptotic levels by the last 20 percent of 
the session. Animals' activity counts shall be collected in equal time 
periods of no greater than 10 minutes duration. All sessions shall have 
the same duration. Treatment groups shall be counter-balanced across 
test times.
    (C) Efforts shall be made to ensure that variations in the test 
conditions are minimal and are not systematically related to treatment. 
Among the variables which can affect motor activity are sound level, 
size, and shape of the test cage, temperature, relative humidity, 
lighting conditions, odors, use of home cage or novel test cage, and 
environmental distractions.
    (D) Additional information on the conduct of a motor activity study 
may be obtained in the TSCA motor activity guideline, in Sec. 798.6200 
of this chapter.
    (iv) Auditory startle test. An auditory startle habituation test 
shall be performed on the offspring on days 22 and 60. Details on the 
conduct of this testing may be obtained in Adams et al. (1985) under 
paragraph (e)(1) of this section. In performing the auditory startle 
task, the mean response amplitude on each block of 10 trials (5 blocks 
of 10 trials per session on each day of testing) shall be made. While 
use of pre-pulse inhibition is not a requirement, it may be used at the 
discretion of the investigator. Details on the conduct of this testing 
may be obtained from Ison (1984) under paragraph (e)(7) of this section.
    (v) Active avoidance test. Active avoidance testing shall be 
conducted beginning at 60 to 61 days of age. Details on the apparatus 
may be obtained in Brush and Knaff (1959) and on the conduct of testing 
from Brush (1962), under paragraphs (e)(2) and (e)(4) of this section, 
respectively; reviews on active avoidance conditioning by Brush (1971) 
and McAllister and McAllister (1971) can be found under paragraphs 
(e)(3) and (e)(9) of this section, respectively. In performing the 
active avoidance task, the following measures should be made:
    (A) Mean number of shuttles during the adaptation period preceding 
each daily session.
    (B) Mean number and latency of avoidances per session, presented in 
blocks of 10 trials (2 blocks of 10 trials per session across 5 
sessions).
    (C) Mean number and latency of escapes per session, presented in 
blocks of 10 trials as above.
    (D) Mean duration of shocks per session, presented in blocks of 10 
trials as above.
    (E) Mean number of shuttles during the inter-trial intervals.
    (8) Post-mortem evaluation--(i) Age of animals. One male and one 
female per litter shall be sacrificed at weaning and the remainder 
following the last behavioral measures. Neuropathology and brain weight 
determinations shall be made on animals sacrificed at weaning and after 
the last behavioral measures.
    (ii) Neuropathology. Details for the conduct of neuropathology 
evaluation may be obtained in the TSCA neuropathology guideline, in 
Sec. 798.6400 of this chapter. At least 6 offspring per dose group shall 
be randomly selected from each sacrificed group (weaning and adulthood) 
for neuropathologic evaluation. These animals shall be balanced across 
litters, and equal numbers of males and females shall be used. The 
remaining sacrificed animals shall be used to determine brain weight. 
Animals shall be perfused in situ by a generally recognized technique. 
After perfusion, the brain and spinal cord shall be removed and gross 
abnormalities noted. Cross-sections of the following areas shall be 
examined: The forebrain, the center of the cerebrum and midbrain, the 
cerebellum and pons, and the medulla oblongata; the spinal cord at 
cervical and lumbar swelling; Gasserian ganglia, dorsal root ganglia,

[[Page 78]]

dorsal and ventral root fibers, proximal sciatic nerve (mid-thigh and 
sciatic notch), sural nerve (at knee), and tibial nerve (at knee). 
Tissue samples from both the central and peripheral nervous system shall 
be further immersion-fixed and stored in appropriate fixative for 
further examination. After dehydration, tissue specimens shall be 
cleared with xylene and embedded in paraffin or paraplast except for the 
sural nerve which should be embedded in plastic. A method for plastic 
embedding is described by Spencer et al. under paragraph (e)(12) of this 
section. Tissue sections shall be prepared from the tissue blocks. The 
following general testing sequence is recommended for gathering 
histopathological data:
    (A) General staining. A general staining procedure shall be 
performed on all tissue specimens in the highest treatment group. 
Hematoxylin and eosin (H&E) shall be used for this purpose. The staining 
shall be differentiated properly to achieve bluish nuclei with pinkish 
background.
    (B) Special stains. Based on the results of the general staining, 
selected sites and cellular components shall be further evaluated by use 
of specific techniques. If H&E screening does not provide such 
information, a battery of stains shall be used to assess the following 
components in all appropriate required samples: Neuronal body (e.g., 
Einarson's gallocyanin), axon (e.g., Kluver's Luxol Fast Blue), and 
neurofibrils (e.g., Bielchosky). In addition, nerve fiber teasing shall 
be used. A section of normal tissue shall be included in each staining 
to assure that adequate staining has occurred. Any changes shall be 
noted and representative photographs shall be taken. If lesions are 
observed, the special techniques shall be repeated in the next lower 
treatment group until no further lesions are detectable.
    (C) Alternative technique. If the anatomical locus of expected 
neuropathology is well-defined, epoxy-embedded sections stained with 
toluidine blue may be used for small sized tissue samples. This 
technique obviates the need for special stains.
    (iii) Brain weight. At least 10 animals that are not sacrificed for 
histopathology shall be used to determine brain weight. The animals 
shall be decapitated and the brains carefully removed, blotted, chilled, 
and weighed. The following dissection shall be performed on an ice-
cooled glass plate: First, the rhombencephalon is separated by a 
transverse section from the rest of the brain and dissected into the 
cerebellum and the medulla oblongata/pons. A transverse section is made 
at the level of the ``optic chiasma'' which delimits the anterior part 
of the hypothalamus and passes through the anterior commissure. The 
cortex is peeled from the posterior section and added to the anterior 
section. This divides the brain into four sections, the telencephalon, 
the diencephalon/mid-brain, the medulla oblongata/pons, and the 
cerebellum. Sections shall be weighed as soon as possible after 
dissection to avoid drying. Detailed methodology is available in 
Glowinski and Iversen (1966) under paragraph (e)(6) of this section.
    (d) Data reporting and evaluation. In addition to the reporting 
requirements specified in part 792, subpart J of this chapter, the final 
test report shall include the following information.
    (1) Description of system and test methods. (i) A detailed 
description of the procedures used to standardize observation and 
operational definitions for scoring observations.
    (ii) Positive control data from the laboratory performing the test 
that demonstrate the sensitivity of the procedures being used. These 
data do not have to be from studies using prenatal exposures. However, 
the laboratory must demonstrate competence in testing neonatal animals 
perinatally exposed to chemicals and establish test norms for the 
appropriate age group.
    (iii) Procedures for calibrating and assuring the equivalence of 
devices and balancing treatment groups.
    (iv) A short justification explaining any decisions where 
professional judgement is involved such as fixation technique and choice 
of stains.
    (2) Results. The following information shall be arranged by test 
group dose level.
    (i) In tabular form, data for each animal shall be provided showing:
    (A) Its identification number and litter from which it came.

[[Page 79]]

    (B) Its body weight and score on each developmental landmark at each 
observation time; total session activity counts and intrasession 
subtotals on each day measured; auditory startle response magnitude 
session counts and intrasession subtotals on each day measured; 
avoidance session counts and intrasession counts on each day measured; 
time and cause of death (if appropriate); locations, nature or 
frequency, and severity of the lesions; total brain weight; absolute 
weight of each of the four sections; and weight of each section as a 
percentage of total brain weight. A commonly used scale such as 1+, 2+, 
3+, and 4+ for degree of severity of lesions ranging from very slight to 
extensive may be used for morphologic evaluation. Any diagnoses derived 
from neurologic signs and lesions, including naturally occurring 
diseases or conditions, shall also be recorded.
    (ii) Summary data for each group shall include:
    (A) The number of animals at the start of the test.
    (B) Body weights of the dams during gestation and lactation.
    (C) Litter size and mean weight at birth.
    (D) The number of animals showing each observation score at each 
observation time.
    (E) The percentage of animals showing each abnormal sign at each 
observation time.
    (F) The mean and standard deviation for each continuous end point at 
each observation time. These will include body weight, motor activity 
counts, acoustic startle responses, performance in active avoidance 
tests, and brain weights (both absolute and relative).
    (G) The number of animals in which any lesion was found.
    (H) The number of animals affected by each different type of lesion, 
the average grade of each type of lesion, and the frequency of each 
different type and/or location of lesions.
    (3) Evaluation of data. An evaluation of the test results shall be 
made. The evaluation shall include the relationship between the doses of 
the test substance and the presence or absence, incidence, and severity 
of any neurotoxic effect. The evaluation shall include appropriate 
statistical analyses. The choice of analyses shall consider tests 
appropriate to the experimental design and needed adjustments for 
multiple comparisons.
    (e) References. For additional background information on this test 
guideline, the following references should be consulted:
    (1) Adams, J., Buelke-Sam, J., Kimmel, C.A., Nelson, C.J., Reiter, 
L.W., Sobotka, T.J., Tilson, H.A., and Nelson, B.K. ``Collaborative 
behavioral teratology study: Protocol design and testing procedure.'' 
Neurobehavioral Toxicology and Teratology. 7: 579-586. (1985).
    (2) Brush, F.R. ``The effects of inter-trial interval on avoidance 
learning in the rat.'' Journal of Comparative Physiology and Psychology. 
55: 888-892. (1962).
    (3) Brush, F.R. ``Retention of aversively motivated behavior.'' In: 
``Adverse Conditioning and Learning.'' Brush, F.R., ed., New York: 
Academic Press. (1971).
    (4) Brush, F.R. and Knaff, P.R. ``A device for detecting and 
controlling automatic programming of avoidance-conditioning in a 
shuttle-box.'' American Journal of Psychology. 72: 275-278 (1959).
    (5) Dixon, W.J. and Massey, E.J. ``Introduction to Statistical 
Analysis.'' 2nd ed. New York: McGraw-Hill. (1957).
    (6) Glowinski, J. and Iversen, L.L. ``Regional studies of 
catecholamines in the rat brain-I.'' Journal of Neurochemistry. 13: 655-
669. (1966).
    (7) Ison, J.R. ``Reflex modification as an objective test for 
sensory processing following toxicant exposure.'' Neurobehavioral 
Toxicology and Teratology. 6: 437-445. (1984).
    (8) Jensen, D.R. ``Some simultaneous multivariate procedures using 
Hotelling's T2 Statistics.'' Biometrics. 28: 39-53. (1972).
    (9) McAllister, W.R. and McAllister, D.E. ``Behavioral measurement 
of conditioned fear.'' In: ``Adverse Conditioning and Learning.'' Brush, 
F.R., ed., New York: Academic Press (1971).
    (10) Neter, J. and Wasserman, W. ``Applied Linear Statistical 
Models.'' Homewood: Richard D. Irwin, Inc. (1974).
    (11) Sokal, R.P. and Rohlf, E.J. ``Biometry.'' San Francisco: W.H. 
Freeman and Co. (1969).

[[Page 80]]

    (12) Spencer, P.S., Bischoff, M.C., and Schaumburg, H.H., 
``Neuropathological methods for the detection of neurotoxic disease.'' 
In: ``Experimental and Clinical Neurotoxicology.'' Spencer, P.S. and 
Schaumburg, H.H., eds., Baltimore, MD: Williams & Wilkins, pp. 743-757. 
(1980).

[53 FR 5957, Feb. 26, 1988]



PART 796--CHEMICAL FATE TESTING GUIDELINES--Table of Contents




Subpart A  [Reserved]

               Subpart B--Physical and Chemical Properties

Sec.
796.1050  Absorption in aqueous solution: Ultraviolet/visible spectra.
796.1950  Vapor pressure.

                     Subpart C--Transport Processes

796.2750  Sediment and soil adsorption isotherm.

                   Subpart D--Transformation Processes

796.3100  Aerobic aquatic biodegradation.
796.3500  Hydrolysis as a function of pH at 25  deg.C.

    Authority: 15 U.S.C. 2603.

Subpart A  [Reserved]



               Subpart B--Physical and Chemical Properties



Sec. 796.1050  Absorption in aqueous solution: Ultraviolet/visible spectra.

    (a) Introductory information--(1) Guidance information. (i) 
Molecular formula.
    (ii) Structural formula.
    (2) Standard documents. The spectrophotometric method is based on 
national standards and consensus methods which are applied to measure 
the absorption spectra.
    (b) Method--(1)(i) Introduction, purpose, scope, relevance, 
application and limits of test. (A) The primary environmental purpose in 
determining the ultraviolet-visible (UV-VIS) absorption spectrum of a 
chemical compound is to have some indication of the wavelengths at which 
the compounds may be susceptible to photochemical degradation. Since 
photochemical degradation is likely to occur in both the atmosphere and 
the aquatic environment, spectra appropriate to these media will be 
informative concerning the need for further persistence testing.
    (B) Degradation will depend upon the total energy absorbed in 
specific wavelength regions. Such energy absorption is characterized by 
both molar absorption coefficient (molar extinction coefficient) and 
band width. However, the absence of measurable absorption does not 
preclude the possibility of photodegradation.
    (ii) Definitions and units. The UV-VIS absorption spectrum of a 
solution is a function of the concentration, c1, expressed in 
mol/L, of all absorbing species present; the path length, d, of the 
spectrophotometer cell, expressed in cm; and the molar absorption 
(extinction) coefficient, i, of each species. The 
absorbance (optical density) A of the solution is then given by:
[GRAPHIC] [TIFF OMITTED] TC15NO91.045


For a resolvable absorbance peak, the band width  is the 
wavelength range, expressed in nm=10-9 m, of the peak at half 
the absorbance maximum.
    (iii) Reference substances. (A) The reference substances need not be 
employed in all cases when investigating a new substance. They are 
provided primarily so that calibration of the method may be performed 
from time to time and to offer the chance to compare the results when 
another method is applied.
    (B) Reference compounds appropriate for the calibration of the 
system are:
    (1) Potassium dichromate (in 0.005 mol/L, 
H2SO4 solution) from J.A.A. Ketelaar, paragraph 
(d)(2) of this section:

log ...............................   3.56   3.63   3.16   3.50
 in nm.............................    235    257    313    350
 

    (2) Fluoranthene (in methanol) from C.R.C. Atlas of Spectral Data, 
paragraph (d)(3) of this section:

log ........................   4.75   4.18   4.73   3.91   3.92
 in nm......................    237    236    288    339    357
 

    (3) 4-nitrophenol (in methanol) from C.R.C. Atlas of Spectral Data, 
paragraph (d)(3) of this section:

log ...........................................    3.88    4.04

[[Page 81]]

 
 in nm.........................................     288     311
 


See also paragraph (d)(1) of this section.
    (iv) Principle of the test method. This method utilizes a double-
beam spectrophotometer which records only the absorption differences 
between the blank and test solutions to give the spectrum of the 
chemical being tested.
    (v) Quality criteria--Reproducibility and sensitivity. (A) 
Reproducibility and sensitivity, need not be measured directly. Instead, 
the accuracy of the system in measuring the spectra of reference 
compounds will be defined so as to assure appropriate reproducibility 
and sensitivity. It is preferable to use a recording double-beam 
spectrophotometer to obtain the UV-VIS spectrum of the test compound. 
Such an instrument should have a photometric accuracy of 
0.02 units over the absorbance range of 0 to 2 units. It 
should be capable of recording absorbances at wavelengths of 200 to 750 
nanometers nm with a wavelength accuracy of 0.5 nm. The 
cells employed with the instrument must necessarily be transparent over 
this wavelength range and must have a path length determined to within 1 
percent. To ensure that the instrument is performing satisfactorily, 
spectra for test solutions of K2Cr2O7 
(for absorbance accuracy) and holmium glass (for wavelength accuracy) 
should be run periodically.
    (B) In the event that a recording double-beam instrument is not 
available, it will be necessary to determine the absorbance of the test 
solution in a single-beam instrument at 5-nm intervals over the entire 
wavelength range and at 1-nm intervals where there are indicated 
absorbance maxima. Wavelength and absorbance tests should be done as 
with the double-beam instrument.
    (2) Description of the test procedure--(i) Preparation--(A) 
Preparation of test solutions. (1) Solutions should be prepared by 
accurately weighing an appropriate amount of the purest form of the test 
substance available. This should be made up in a concentration which 
will result in at least one absorbance maximum in the range 0.5 to 1.5 
units.
    (2) The absorption of a compound is due to its particular chemical 
form. It is often the case that different forms are present, depending 
on whether the medium is acidic, basic, or neutral. Consequently, 
spectra under all three conditions are required where solubility and 
concentration allow. Where it is not possible to obtain sufficient 
concentrations in any of the aqueous media, a suitable organic solvent 
should be used (methanol preferred).
    (3) The acid medium should have a pH of less than 2, and the basic 
medium should be at least pH 10. The solvent for the neutral solution, 
and for preparing the acidic and basic ones, should be distilled water, 
transparent to ultraviolet radiation down to 200 nm. If methanol must be 
used, acidic and basic solutions can be prepared by adding 10 percent by 
volume of HCl or NaOH in aqueous solution ([HCl], [NaOH]=1 mol/L).
    (4) In theory, all chemical species other than that being tested are 
present in both beams and would therefore not appear in the recorded 
spectrum of a double-beam instrument. In practice, because the solvent 
is usually present in great excess, there is a threshold value of 
wavelength below which it is not possible to record the spectrum of the 
test chemical. Such a wavelength will be a property of the solvent or of 
the test medium. In general, distilled water is useful from 200 nm 
(dissolved ions will often increase this), methanol from 210 nm, hexane 
from 210 nm, acetonitrile from 215 nm and dichloromethane from 235 nm.
    (B) Blank solutions. A blank must be prepared which contains the 
solvent and all chemical species other than the test chemical. The 
absorption spectrum of this solution should be recorded in a manner 
identical to that of the test solution and preferably on the same chart. 
This ``baseline'' spectrum should never record an absorbance reading 
varying more than 0.05 from the nominal zero value.
    (C) Cells. Cell pathlengths are usually between 0.1 cm and 10 cm. 
Cell lengths should be selected to permit recording of at least one 
maximum in the absorbance range of 0.5 to 1.5 units. Which set of cells 
should be used will be governed by the concentration and the absorbance 
of the test solution as indicated by the Beer-Lambert Law. The cells 
should be transparent over the range of the spectrum being recorded, and 
the

[[Page 82]]

path-lengths should be known to an accuracy of at least 1 per cent. 
Cells should be thoroughly cleaned in an appropriate manner (chromic 
acid is useful for quartz cells) and rinsed several times with the test 
or blank solutions.
    (ii) Performance of the test. Both cells to be employed should be 
rinsed with the blank solution and then filled with same. The instrument 
should be set to scan at a rate appropriate for the required wavelength 
resolution and the spectrum of the blank recorded. The sample cell 
should then be rinsed and filled with the test solution and the scanning 
repeated, preferably on the same spectrum chart, to display the 
baseline. The test should be carried out at 25  deg.C.
    (c) Data and reporting--(1) Treatment of results. (i) The molar 
absorption coefficient  should be calculated for all absorbance 
maxima of the test substance. The formula for this calculation is:
[GRAPHIC] [TIFF OMITTED] TC15NO91.046


where the quantities are as defined above (see Definitions and units).
    (ii) For each peak which is capable of being resolved, either as 
recorded or by extrapolated symmetrical peaks, the bandwidth should be 
recorded.
    (2) Test report. (i) The report should contain a copy of each of the 
three spectra (3 pH conditions). If neither water nor methanol solutions 
are feasible, there will be only one spectrum. Spectra should include a 
readable wave-length scale. Each spectrum should be clearly marked with 
the test conditions.
    (ii) For each maximum in each spectrum, the  value and 
bandwidth (when applicable) should be calculated and reported, along 
with the wavelength of the maximum. This should be presented in tabular 
form.
    (iii) The various test conditions should be included, such as scan 
speed, the name and model of the spectrophotom-eter, the slit width 
(where available), cell type and path length, the concentrations of the 
test substance, and the nature and acidity of the solvent medium. A 
recent test spectrum on appropriate reference materials for photometric 
and wavelength accuracy should also be submitted (see Reproducibility 
and sensitivity).
    (d) Literature references. For additional background information on 
this test guideline, the following references should be consulted:
    (1) Milazzo, G., Caroli, S., Palumbo-Doretti, M., Violante, N., 
Analytical Chemistry, 49: 711 (1977).
    (2) Katelaar, J.A.A., Photoelectric Spectrometry Group Bulletin, 8, 
(Cambridge, 1955).
    (3) Chemical Rubber Company, Atlas of Spectral Data, (Cliffland, 
Ohio).

[50 FR 39472, Sept. 27, 1985]



Sec. 796.1950  Vapor pressure.

    (a) Introduction--(1) Background and purpose. (i) Volatilization, 
the evaporative loss of a chemical, depends upon the vapor pressure of 
chemical and on environmental conditions which influence diffusion from 
a surface. Volatilization is an important source of material for 
airborne transport and may lead to the distribution of a chemical over 
wide areas and into bodies of water far from the site of release. Vapor 
pressure values provide indications of the tendency of pure substances 
to vaporize in an unperturbed situation, and thus provide a method for 
ranking the relative volatilities of chemicals. Vapor pressure data 
combined with water solubility data permit the calculation of Henry's 
law constant, a parameter essential to the calculation of volatility 
from water.
    (ii) Chemicals with relatively low vapor pressures, high 
adsorptivity onto solids, or high solubility in water are less likely to 
vaporize and become airborne than chemicals with high vapor pressures or 
with low water solubility or low adsorptivity to solids and sediments. 
In addition, chemicals that are likely to be gases at ambient 
temperatures and which have low water solubility and low adsorptive 
tendencies are less likely to transport and persist in soils and water. 
Such chemicals are less likely to biodegrade or hydrolyze and are prime 
candidates for atmospheric oxidation and photolysis (e.g., smog 
formation or stratospheric alterations). On the other hand, nonvolatile 
chemicals are less frequently involved

[[Page 83]]

in atmosphere transport, so that concerns regarding them should focus on 
soils and water.
    (iii) Vapor pressure data are an important consideration in the 
design of other chemical fate and effects tests; for example, in 
preventing or accounting for the loss of violatile chemicals during the 
course of the test.
    (2) Definitions and units. (i) ``Desorption efficiency'' of a 
particular compound applied to a sorbent and subsequently extracted with 
a solvent is the weight of the compound which can be recovered from the 
sorbent divided by the weight of the compound originally sorbed.
    (ii) ``Pascal'' (Pa) is the standard international unit of vapor 
pressure and is defined as newtons per square meter (N/m2). A 
newton is the force necessary to give acceleration of one meter per 
second squared to one kilogram of mass.
    (iii) The ``torr'' is a unit of pressure which equals 133.3 pascals 
or 1 mm Hg at 0  deg.C.
    (iv) ``Vapor pressure'' is the pressure at which a liquid or solid 
is in equilibrium with its vapor at a given temperature.
    (v) ``Volatilization'' is the loss of a substance to the air from a 
surface or from solution by evaporation.
    (3) Principle of the test methods. (i) The isoteniscope procedure 
uses a standardized technique [ASTM 1978] that was developed to measure 
the vapor pressure of certain liquid hydrocarbons. The sample is 
purified within the equipment by removing dissolved and entrained gases 
until the measured vapor pressure is constant, a process called 
``degassing.'' Impurities more volatile than the sample will tend to 
increase the observed vapor pressure and thus must be minimized or 
removed. Results are subject to only slight error for samples containing 
nonvolatile impurities.
    (ii) Gas saturation (or transpiration) procedures use a current of 
inert gas passed through or over the test material slowly enough to 
ensure saturation and subsequent analysis of either the loss of material 
or the amount (and sometimes kind) of vapor generated. Gas saturation 
procedures have been described by Spencer and Cliath (1969) under 
paragraph (d)(2) of this section. Results are easy to obtain and can be 
quite precise. The same procedures also can be used to study 
volatilization from laboratory scale environmental simulations. Vapor 
pressure is computed on the assumption that the total pressure of a 
mixture of gases is equal to the sum of the pressures of the separate or 
component gases and that the ideal gas law is obeyed. The partial 
pressure of the vapor under study can be calculated from the total gas 
volume and the weight of the material vaporized. If v is the volume 
which contains w grams of the vaporized material having a molecular 
weight M, and if p is the pressure of the vapor in equilibrium at 
temperature T (K), then the vapor pressure, p, of the sample is 
calculated by

    p=(w/M)(RT/v),


where R is the gas constant (8.31 Pa m2 mol-1 
K-1) when the pressure is in pascals (Pa) and the volume is 
in cubic meters. As noted by Spencer and Cliath (1970) under paragraph 
(d)(3) of this section, direct vapor pressure measurements by gas 
saturation techniques are more directly related to the volatilization of 
chemicals than are other techniques.
    (iii) In an effort to improve upon the procedure described by 
Spencer and Cliath (1969) under paragraph (d)(2) of this section, and to 
determine the applicability of the gas saturation method to a wide 
variety of chemical types and structures, EPA has sponsored research and 
development work at SRI International (EPA 1982) under paragraph (d)(1) 
of this section. The procedures described in this Test Guideline are 
those developed under that contract and have been evaluated with a wide 
variety of chemicals of differing structure and vapor pressures.
    (4) Applicability and specificity. (i) A procedure for measuring the 
vapor pressure of materials released to the environment ideally would 
cover a wide range of vapor pressure values, at ambient temperatures. No 
single procedure can cover this range, so two different procedures are 
described in this section, each suited for a different part

[[Page 84]]

of the range. The isoteniscope procedure is for pure liquids with vapor 
pressures from 0.1 to 100 kPa. For vapor pressures of 10-5 to 
10 3 Pa, a gas saturation procedure is to be used.
    (ii) With respect to the isoteniscope method, if compounds that boil 
close to or form azeotropes with the test material are present, it is 
necessary to remove the interfering compounds and use pure test 
material. Impurities more volatile than the sample will tend to increase 
the observed vapor pressure above its true value but the purification 
steps will tend to remove these impurities. Soluble, nonvolatile 
impurities will decrease the apparent vapor pressure. However, because 
the isoteniscope procedure is a static, fixed-volume method in which an 
insignificant fraction of the liquid sample is vaporized, it is subject 
to only slight error for samples containing nonvolatile impurities. That 
is, the nonvolatile impurities will not be concentrated due to 
vaporization of the sample.
    (iii) The gas saturation method is applicable to solid or liquid 
chemicals. Since the vapor pressure measurements are made at ambient 
temperatures, the need to extrapolate data from high temperatures is not 
necessary and high temperature extrapolation, which can often cause 
serious errors, is avoided. The method is most reliable for vapor 
pressures below 10 3 Pa. Above this limit, the vapor 
pressures are generally overestimated, probably due to aerosol 
formation. Finally, the gas saturation method is applicable to the 
determination of the vapor pressure of impure materials.
    (b) Test procedures--(1) Test conditions. (i) The apparatus in the 
isoteniscope method is described in paragraph (b)(2)(i) of this section.
    (ii) The apparatus used in the gas saturation method is described in 
paragraph (b)(2)(ii) of this section.
    (2) Performance of the tests--(i) Isoteniscope Procedure. The 
isoteniscope procedure described as ANSI/ASTM Method D 2879-86 is 
applicable for the measurement of vapor pressures of liquids with vapor 
pressures of 0.1 to 100 kilopascals (kPa) (0.75 to 750 torr). ASTM D 
2879-86 is available for inspection at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC. This 
incorporation by reference was approved by the Director of the Office of 
the Federal Register. This material is incorporated as it exists on the 
date of approval and a notice of any change in this material will be 
published in the Federal Register. Copies of the incorporated material 
may be obtained from the Non-Confidential Information Center (NCIC) 
(7407), Office of Pollution Prevention and Toxics, U.S. Environmental 
Protection Agency, Room B-607 NEM, 401 M St., SW., Washington, DC 20460, 
between the hours of 12 p.m. and 4 p.m. weekdays excluding legal 
holidays, or from the American Society for Testing and Materials (ASTM), 
1916 Race Street, Philadelphia, PA 19103. The isoteniscope method 
involves placing liquid sample in a thermostated bulb (the isoteniscope) 
connected to a manometer and a vacuum pump. Dissolved and entrained 
gases are removed from the sample in the isoteniscope by degassing the 
sample at reduced presssure. The vapor pressure of the sample at 
selected temperatures is determined by balancing the pressure due to the 
vapor of the sample against a known pressure of an inert gas. The vapor 
pressure of the test compound is determined in triplicate at 
250.5  deg.C and at any other suitable temperatures 
(0.5 deg.). It is important that additional vapor pressure 
measurements be made at other temperatures, as necessary, to assure that 
there is no need for further degassing, as described in the ASTM method.
    (ii) Gas saturation procedure. (A) The test procedures require the 
use of a constant-temperature box as depicted in the following Figure 1.

[[Page 85]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.036

        Figure 1--Schematic Diagram of Vapor Saturation Apparatus

The insulated box, containing sample holders, may be of any suitable 
size and shape. The sketch in Figure 1 shows a box containing three 
solid sample holders and three liquid sample holders, which allows for 
the triplicate analysis of either a solid or liquid sample. The 
temperature within the box is controlled to 0.5 deg. or 
better. Nitrogen gas, split into six streams and controlled by fine 
needle valves (approximately 0.79 mm orifice), flows into the box via 
3.8 mm (0.125 in.) i.d. copper tubing. After temperature equilibration, 
the gas flows through the sample and the sorbent trap and exits from the 
box. The flow rate of the effluent carrier gas is measured at room 
temperature with a bubble flow meter or other suitable device. The flow 
rate is checked frequently during the experiment to assure that there is 
an accurate value for the total volume of carrier gas. The flow rate is 
used to calculate the total volume (at room temperature) of gas that has 
passed through the sample and sorbent [(vol/time)  x  time = volume]. 
The vapor pressure of the test substance can be calculated from the 
total gas volume and the mass of sample vaporized. If v is the volume of 
gas that transported mass w of the vaporized test material having a 
molecular weight M, and if p is the equilibrium vapor pressure of the 
sample at temperature T, then p is calculated by the equation

    p=(w/M)(RT/v).


In this equation, R is the gas constant (8.31 Pa m3mol-1 
K-1). The pressure is expressed in pascals (Pa), the volume 
in cubic meters (m3), mass in grams and T in kelvins (K). 
T=273.15+t, if t is measured in degrees Celsius ( deg.C).
    (B) Solid samples are loaded into 5 mm i.d. glass tubing between 
glass wool plugs. The following Figure 2 depicts a drawing of a sample 
holder and absorber system.

[[Page 86]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.037

                Figure 2--Solid Compound Sampling System
    (C) Liquid samples are contained in a holder as shown in the 
following Figure 3.
[GRAPHIC] [TIFF OMITTED] TC01AP92.038

                Figure 3--Liquid Compound Sampling System

The most reproducible method for measuring the vapor pressure of liquids 
is to coat the liquid on glass beads and to pack the holder in the 
designated place with these beads.
    (D) At very low vapor pressures and sorbent loadings, adsorption of 
the chemical on the glass wool separating the sample and the sorbent and 
on the glass surfaces may be a serious problem. Therefore, very low 
loadings should be avoided whenever possible. Incoming nitrogen gas 
(containing no interfering impurities) passes through a coarse frit and 
bubbles through a 38 cm column of liquid sample. The stream passes 
through a glass wool column to trap aerosols and then through a sorbent 
tube, as described above. The pressure drop across the glass wool column 
and the sorbent tube are negligible.
    (E) With both solid and liquid samples, at the end of the sampling 
time, the front and backup sorbent sections are analyzed separately. The 
compound on each section is desorbed by adding the sorbent from that 
section to 1.0 ml of desorption solvent in a small vial and allowing the 
mixture to stand at a suitable temperature until no more test compound 
desorbs. It is extremely important that the desorption solvent contain 
no impurities which would interfere with the analytical method of 
choice. The resulting solutions are analyzed quantitatively by a 
suitable analytical method to determine the weight of sample desorbed 
from each section. The choice of the analytical method, sorbent, and 
desorption solvent is dictated by the nature of the test material. 
Commonly used sorbents include charcoal, Tenax GC, and XAD-2. Describe 
in detail the sorbent, desorption solvent, and analytical methods 
employed.
    (F) Measure the desorption efficiency for every combination of 
sample, sorbent, and solvent used. The desorption efficiency is 
determined by injecting a known mass of sample onto a sorbent and later 
desorbing it and analyzing for the mass recovered. For each combination 
of sample, sorbent, and solvent used, carry out the determination in 
triplicate at each of three concentrations. Desorption efficiency may 
vary with the concentration of the actual sample and it is important to 
measure the efficiency at or near the concentration of sample under gas 
saturation test procedure conditions.

[[Page 87]]

    (G) To assure that the gas is indeed saturated with test compound 
vapor, sample each compound at three differing gas flow rates. 
Appropriate flow rates will depend on the test compound and test 
temperature. If the calculated vapor pressure shows no dependence on 
flow rate, then the gas is assumed to be saturated.
    (c) Data and reporting. (1) Report the triplicate calculated vapor 
pressures for the test material at each temperature, the average 
calculated vapor pressure at each temperature, and the standard 
deviation.
    (2) Provide a description of analytical methods used to analyze for 
the test material and all analytical results.
    (3) For the isoteniscope procedure, include the plot of p vs. the 
reciprocal of the temperature in K, developed during the degasing step 
and showing linearity in the region of 298.15 K (25+C) and 
any other required test temperatures.
    (4) For the gas saturation procedure, include the data on the 
calculation of vapor pressure at three or more gas flow rates at each 
test temperature, showing no dependence on flow rate. Include a 
description of sorbents and solvents employed and the desorption 
efficiency calculations.
    (5) Provide a description of any difficulties experienced or any 
other pertinent information.
    (d) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) U.S. Environmental Protection Agency. Evaluation of Gas 
Saturation Methods to Measure Vapor Pressures: Final Report, EPA 
Contract No. 68-01-5117 with SRI International, Menlo Park, California 
(1982).
    (2) Spencer, W.F. and Cliath, M.M. ``Vapor Density of Dieldrin,'' 
Journal of Agricultural and Food Chemistry, 3:664-670 (1969).
    (3) Spencer, W.F. and Cliath, M.M. ``Vapor Density and Apparent 
Vapor Pressure of Lindane,'' Journal of Agricultural and Food Chemistry, 
18:529-530 (1970).

[50 FR 39252, Sept. 27, 1985, as amended at 53 FR 12525, Apr. 15, 1988; 
53 FR 21641, June 9, 1988; 60 FR 34466, July 3, 1995]



                     Subpart C--Transport Processes



Sec. 796.2750  Sediment and soil adsorption isotherm.

    (a) Introduction--(1) Background and purpose. The adsorption of 
chemicals to sediments and soils is an important process that affects a 
chemical's distribution in the environment. If a chemical is adsorbed to 
soil particles, it will remain on the soil surface and will not reach 
ground water. If a chemical is not adsorbed, it will leach through the 
soil profile and may reach ground waters and then surface waters. 
Similarly, if a chemical adsorbed to sediment, it will accumulate in the 
bed and suspended load of aquatic systems. If a chemical is not adsorbed 
to sediment, it will accumulate in the water column of aquatic systems. 
Information on the adsorption potential is needed under certain 
circumstances to assess the transport of chemicals in the environment. 
This section describes procedures that will enable sponsors to determine 
the adsorption isotherm of a chemical on sediments and soils.
    (2) Definitions and units. (i) The ``cation exchange capacity'' 
(CEC) is the sum total of exchangeable cations that a sediment or soil 
can adsorb. The CEC is expressed in milliequivalents of negative charge 
per 100 grams (meq/100g) or milliequivalents of negative charge per gram 
(meq/g) of soil or sediment.
    (ii) ``Clay mineral analysis'' is the estimation or determination of 
the kinds of clay-size minerals and the amount present in a sediment or 
soil.
    (iii) ``Organic matter'' is the organic fraction of the sediment or 
soil; it includes plant and animal residues at various stages of 
decomposition, cells and tissues of soil organisms, and substances 
synthesized by the microbial population.
    (iv) ``Particle size analysis'' is the determination of the various 
amounts of the different particle sizes in a sample (i.e., sand, silt, 
clay), usually by sedimentation, sieving, micrometry, or combinations of 
these methods. The names and diameter range commonly used in the United 
States are:

------------------------------------------------------------------------
                  Name                            Diameter range
------------------------------------------------------------------------
Very coarse sand.......................  2.0 to 1.0 mm

[[Page 88]]

 
Coarse sand............................  1.0 to 0.5 mm
Medium sand............................  0.5 to 0.25 mm
Fine sand..............................  0.25 to 0.125 mm
Very fine sand.........................  0.125 to 0.062 mm
Silt...................................  0.062 to 0.002 mm
Clay...................................  <0.002 mm
------------------------------------------------------------------------

    (v) The ``pH'' of a sediment or soil is the negative logarithm to 
the base ten of the hydrogen ion activity of the sediment or soil 
suspension. It is usually measured by a suitable sensing electrode 
coupled with a suitable reference electrode at a 1/1 solid/solution 
ratio by weight.
    (vi) The adsorption ratio, ``Kd,'' is the amount of test 
chemical adsorbed by a sediment or soil (i.e., the solid phase) divided 
by the amount of test chemical in the solution phase, which is in 
equilibrium with the solid phase, at a fixed solid/solution ratio.
    (vii) ``Sediment'' is the unconsolidated inorganic and organic 
material that is suspended in and being transported by surface water, or 
has settled out and has deposited into beds.
    (viii) ``Soil'' is the unconsolidated mineral material on the 
immediate surface of the earth that serves as a natural medium for the 
growth of land plants. Its formation and properties are determined by 
various factors such as parent material, climate, macro- and 
microorganisms, topography, and time.
    (ix) ``Soil aggregate'' is the combination or arrangement of soil 
separates (sand, silt, clay) into secondary units. These units may be 
arranged in the soil profile in a distinctive characteristic pattern 
that can be classified according to size, shape, and degree of 
distinctness into classes, types, and grades.
    (x) ``Soil classification'' is the systematic arrangement of soils 
into groups or categories. Broad groupings are based on general soil 
characteristics while subdivisions are based on more detailed 
differences in specific properties. The soil classification system used 
in this standard and the one used today in the United States is the 7th 
Approximation-Comprehensive System. The ranking of subdivisions under 
this system is: Order, Suborder, Great group, family, and series.
    (xi) A ``soil horizon'' is a layer of soil approximately parallel to 
the land surface. Adjacent layers differ in physical, chemical, and 
biological properties such as color, structure, texture, consistency, 
kinds and numbers of organisms present, and degree of acidity or 
alkalinity.
    (xii) ``Soil Order'' is the broadest category of soil classification 
and is based on the general similarities of soil physical/chemical 
properties. The formation of soil by similar general genetic processes 
causes these similarities. The Soil Orders found in the United States 
are: Alfisol, Aridisol, Entisol, Histosol, Inceptisol, Mollisol, Oxisol, 
Spodosol, Ultisol, and Vertisol.
    (xiii) ``Soil series'' is the basic unit of soil classification and 
is a subdivision of a family. A series consists of soils that were 
developed under comparable climatic and vegetational conditions. The 
soils comprising a series are essentially alike in all major profile 
characteristics except for the texture of the ``A'' horizon (i.e., the 
surface layer of soil).
    (xiv) ``Soil texture'' is a classification of soils that is based on 
the relative proportions of the various soil separates present. The soil 
textural classes are: clay, sandy clay, silty clay, clay loam, silty 
clay loam, sandy clay loam, loam, silt loam, silt, sandy loam, loamy 
sand, and sand.
    (3) Principle of the test method. (i) The extent of adsorption of a 
chemical onto sediment or soil is measured, using this test guideline, 
by equilibrating aqueous solutions containing different, but 
environmentally realistic, concentrations of the test chemical with a 
known quantity of sediment or soil. After equilibrium is reached, the 
distribution of the chemical between the water phase and the solid phase 
is quantitatively measured by a suitable analytical method. Then, 
sorption constants are calculated by using the Freundlich equation:

                               Equation 1

x/m=Cs=KCe l/n

where:

Ce=Equilibrium concentration of the chemical in the solution 
          phase
Cs=Equilibrium concentration of the chemical in the solid 
          phase
K=Freundlich adsorption coefficient
m=The mass of the solid in grams
l/n=Exponent where n is a constant

[[Page 89]]

x=The mass in micrograms of the chemical adsorbed by m grams of solid.


Logarithmetic transformation of the Freundlich equation yields the 
following linear relationship:

                               Equation 2

log Cs=log K+(l/n) log Ce

    (ii) In order to estimate the environmental movement of the test 
chemical, the values K and l/n are compared with the values of other 
chemicals whose behavior in soil and sediment systems is well-documented 
in scientific literature.
    (iii) The adsorption isotherm (AI) test has many desirable features. 
First, adsorption results are highly reproducible. The test provides 
excellent quantitative data readily amenable to statistical analyses. 
Also, it has relatively modest requirements for chemicals, soils, 
laboratory space, and equipment. It allows solution phase organic 
chemical determinations that are relatively uncomplicated. A chemical 
extraction-mass balance procedure to elicit information on chemical 
transformations occurring at colloid interfaces can be incorporated into 
this test. The ease of performing the isotherm test and mass balance 
will depend upon the physical/chemical properties of the test chemical 
and the availability of suitable analytical techniques to measure the 
chemical.
    (iv) The papers by Aharonson and Kafkafi (1975) under paragraph 
(d)(1) of this section, Harvey (1974) under paragraph (d)(3) of this 
section, Murray (1975) under paragraph (d)(4) of this section, Saltzman 
(1972) under paragraph (d)(5) of this section, Weber (1971) under 
paragraph (d)(6) of this section, and Wu (1975) under paragraph (d)(7) 
of this section served as the basis for this section. The soil and 
colloid chemistry literature and the analytical chemistry literature 
substantiate the experimental conditions and procedures specified in 
this guideline as accepted, standard procedures.
    (4) Applicability and specificity. The AI Test Guideline can be used 
to determine the soil and sediment adsorption potential of sparingly 
water soluble to infinitely soluble chemicals. In general, a chemical 
having a water solubility of less than 0.5 ppm need not be tested with 
soil as the solid phase, since the literature indicates that these 
chemicals are, in general, immobile in soils, see Goring and Hamaker 
(1972) under paragraph (d)(2) of this section. However, this does not 
preclude future soil adsorption/transformation testing of these 
chemicals if more refined data are needed for the assessment process.
    (b) Test procedures--(1) Test conditions--(i) Special laboratory 
equipment. (A) Equilibrating solutions that contain, besides the test 
chemical, 0.01M calcium nitrate dissolved in sterilized, distilled-
deionized H2O adjusted to neutral pH 7 by boiling to remove 
CO2.
    (B) Containers shall be composed of material that (1) adsorb 
negligible amounts of test chemical, and (2) withstand high speed 
centrifugation. The volume of the container is not a major 
consideration; however, it is extremely important that the amount of 
soil or sediment and the solid/solution ratio used in the study result 
in minimal container headspace. It is also extremely important that the 
containers be sterilized before use.
    (C) A 150 micron (100 mesh) stainless-steel or brass sieve.
    (D) Drying oven, with circulating air, that can attain 100  deg.C.
    (E) Vortex mixer or a comparable device.
    (F) Rotary shaker or a comparable device.
    (G) High speed temperature-controlled centrifuge capable of 
sedimenting particles greater than 0.5 micron from aqueous solution.
    (ii) Temperature. The test procedure shall be performed at 
235  deg.C.
    (iii) Replications. Three replications of the experimental 
treatments shall be used.
    (iv) Soil pretreatment. The following soil pretreatment steps shall 
be performed under the following conditions:
    (A) Decrease the water content, air or oven-dry soils at or below 50 
 deg.C.
    (B) Reduce aggregate size before and during sieving, crush and grind 
dried soil very gently.
    (C) Eliminate microbial growth during the test period using a 
chemical or physical treatment that does not alter

[[Page 90]]

or minimally alters the soil surface properties.
    (D) Sieve soils with a 100 mesh stainless-steel or brass sieve.
    (E) Store all solutions and soils at temperatures between 0 and 5 
deg.C.
    (v) Sediment pretreatment. The following sediment pretreatment steps 
shall be performed under the following conditions:
    (A) Decrease the H2O content by air or oven-drying 
sediments at or below 50  deg.C. Sediments should not be dried 
completely and should remain moist at all times prior to testing and 
analysis.
    (B) Eliminate microbial growth during the test period by using a 
chemical and/or physical treatment that does not alter or minimally 
alters the colloid surface's properties.
    (C) Store at temperatures between 0 and 5 deg.C.
    (vi) Solid/solution ratio. The solid/solution ratio shall be equal 
to or greater than 1/10. If possible, the ratios should be equal to or 
greater than 1/5. The sediment or soil dry weight after drying for a 24-
hour minimum at 90  deg.C is recommended for use as the weight of the 
solid for ratio and data calculations. If an insufficient amount of 
chemical remains in the water phase for quantification, the solid/
solution ratio should be adjusted so that measurable amounts of the test 
chemical remain in solution.
    (vii) Equilibration time. The equilibration time will depend upon 
the length of time needed for the parent chemical to attain an 
equilibrium distribution between the solid phase and the aqueous 
solution phase. The equilibration time shall be determined by the 
following procedure:
    (A) Equilibrate one solution containing a known concentration of the 
test chemical with the sediment or soil in a solid/solution ratio equal 
to or greater than \1/10\ and preferably equal to or greater than \1/5\. 
It is important that the concentration of the test chemical in the 
equilibrating solution (1) does not exceed one-half of its solubility 
and (2) should be 10 ppm or less at the end of the equilibration period.
    (B) Measure the concentration of the chemical in the solution phase 
at frequent intervals during the equilibration period.
    (C) Determine the equilibration time by plotting the measured 
concentration versus time of sampling; the equilibration time is the 
minimum period of time needed to establish a rate of change of solution 
concentration of 5 percent or less per 24 hours.
    (viii) Centrifugation time. Calculate the centrifugation time, 
tc, necessary to remove particles from solution greater than 
approximately 0.5 m (5 x 10-5 m) equivalent 
diameter (which represents all particles except the fine clay fraction) 
using the following equation:

                               Equation 3

tc(min)=1.41 x 109 [log(R2/
          R1)]/N2

where:

tc=centrifuge time in minutes
R2=distance from centrifuge spindle to deposition surface of 
          centrifuge
R1=distance from spindle to surface of the sample
N=number of revolutions of the centrifuge per minute.

    (ix) Storage of solutions. If the chemical analysis is delayed 
during the course of the experiment, store all solutions between 0 and 5 
 deg.C.
    (x) Solvents for extraction. It is important that the solvent used 
to extract the chemical from the sediment or soil is reagent grade or 
better. Solvents shall contain no impurities which could interfere with 
the determination of the test compound.
    (2) Test procedure--(i) Equilibration. Add six solutions containing 
different concentrations of the test chemical to at least one gram of 
each solid. The initial concentration of the test chemical in these 
solutions will depend on the affinity the chemical has for the sediment 
or soil. Therefore, after equilibrium is attained, it is extremely 
important that the highest concentration of the test chemical in the 
equilibrating solution does not exceed 10 ppm, is at least one order of 
magnitude greater than the lowest concentration reported, and does not 
exceed one half of its solubility.
    (A) Immediately after the solutions are added to the solids, tightly 
cap the containers and vigorously agitate them for several minutes with 
a vortex mixture or similar device.

[[Page 91]]

    (B) Shake the containers throughout the equilibration period at a 
rate that suspends all solids in the solution phase.
    (ii) Centrifugation. When the equilibration time has expired, 
centrifuge the containers for tc minutes.
    (iii) Chemical extraction. (A) After centrifugation, remove the 
supernatant aqueous phase from the solid-solution mixture.
    (B) Extract the chemical adsorbed on the sediment or soil colloid 
surfaces with solvent.
    (iv) Chemical analysis. Determine the amount of parent test chemical 
in the aqueous equilibrating solution and organic solvent extractions. 
Use any method or combination of methods suitable for the identification 
and quantitative detection of the parent test chemical.
    (c) Reporting. Report the following information:
    (1) Temperature at which the test was conducted.
    (2) Detailed description of the analytical technique(s) used in the 
chemical extraction, recovery, and quantitative analysis of the parent 
chemical.
    (3) Amount of parent test chemical applied, the amount recovered, 
and the percent recovered.
    (4) Extent of adsorption by containers and the approach used to 
correct the data for adsorption by containers.
    (5) The individual observations, the mean values, and graphical 
plots of x/m as a function of Ce for each sediment or soil 
for (i) the equilibration time determination and (ii) the isotherm 
determination.
    (6) The quantities K, n, and l/n.
    (7) Soil information: Soil Order, series, texture, sampling 
location, horizon, general clay fraction mineralogy.
    (8) Sediment information: sampling location, general clay fraction 
mineralogy.
    (9) Sediment and soil physical-chemical properties: percent sand, 
silt, and clay (particle size analysis); percent organic matter; pH (1/1 
solids/H2O); and cation exchange capacity.
    (10) The procedures used to determine the physical/chemical 
properties listed under paragraphs (c) (7) through (9) of this section.
    (d) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Aharonson, N., Kafkafi, U. ``Adsorption, mobility and 
persistence of thiabendazole and methyl 2-benzimidasole carbamate in 
soils,'' Journal of Agricultural and Food Chemistry, 23:720-724 (1975).
    (2) Goring, C.A.I., Hamaker, J.W., (eds). Organic Chemicals in the 
Soil Environment. Vol. I & II (New York: Marcel Dekker, Inc., 1972).
    (3) Harvey, R.G. et al. ``Soil adsorption and volatility of 
dinitroaniline herbicides,'' Weed Science, 22:120-124 (1974).
    (4) Murray, D.S. et al. ``Comparative adsorption, desorption, and 
mobility of dipropetryn and prometryn in soil,'' Journal of Agricultural 
and Food Chemistry, 23:578-581 (1973).
    (5) Saltzman, S.L. et al. ``Adsorption, desorption of parathion as 
affected by soil organic matter,'' Journal of Agricultural and Food 
Chemistry, 20:1224-1226 (1972).
    (6) Weber, J.B. ``Model soil system, herbicide leaching, and 
sorption,'' Weed Science, 19:145-160 (1971).
    (7) Wu, C.H., et al. ``Napropamide adsorption, desorption, and 
movement in soils,'' Weed Science, 23:454-457 (1975).

[50 FR 39252, Sept. 27, 1985, as amended at 52 FR 19058, May 20, 1987; 
54 FR 29715, July 14, 1989]



                   Subpart D--Transformation Processes



Sec. 796.3100  Aerobic aquatic biodegradation.

    (a) Introduction--(1) Purpose. (i) This Guideline is designed to 
develop data on the rate and extent of aerobic biodegradation that might 
occur when chemical substances are released to aquatic environments. A 
high biodegradability result in this test provides evidence that the 
test substance will be biodegradable in natural aerobic freshwater 
environments.
    (ii) On the contrary, a low biodegradation result may have other 
causes than poor biodegradability of the test substance. Inhibition of 
the microbial inoculum by the test substance at the test concentration 
may

[[Page 92]]

be observed. In such cases, further work is needed to assess the aerobic 
aquatic biodegradability and to determine the concentrations at which 
toxic effects are evident. An estimate of the expected environmental 
concentration will help to put toxic effects into perspective.
    (2) Definitions. (i) ``Adaptation'' is the process by which a 
substance induces the synthesis of any degradative enzymes necessary to 
catalyze the transformation of that substance.
    (ii) ``Ultimate Biodegradability'' is the breakdown of an organic 
compound to CO2, water, the oxides or mineral salts of other 
elements and/or to products associated with normal metabolic processes 
of microorganisms.
    (iii) ``Ready Biodegradability'' is an expression used to describe 
those substances which, in certain biodegradation test procedures, 
produce positive results that are unequivocal and which lead to the 
reasonable assumption that the substance will undergo rapid and ultimate 
biodegradation in aerobic aquatic environments.
    (3) Principle of the test method. This Guideline method is based on 
the method described by William Gledhill (1975) under paragraph (d)(1) 
of this section. The method consists of a 2-week inoculum buildup period 
during which soil and sewage microorganisms are provided the opportunity 
to adapt to the test compound. This inoculum is added to a specially 
equipped Erlenmeyer flask containing a defined medium with test 
substance. A reservoir holding barium hydroxide solution is suspended in 
the test flask. After inoculation, the test flasks are sparged with 
CO2-free air, sealed, and incubated, with shaking in the 
dark. Periodically, samples of the test mixture containing water-soluble 
test substances are analyzed for dissolved organic carbon (DOC) and the 
Ba(OH)2 from the reservoirs is titrated to measure the amount 
of CO2 evolved. Differences in the extent of DOC 
disappearance and CO2 evolution between control flasks 
containing no test substance, and flasks containing test substance are 
used to estimate the degree of ultimate biodegradation.
    (4) Prerequisites. The total organic carbon (TOC) content of the 
test substance shall be calculated or, if this is not possible, 
analyzed, to enable the percent of theoretical yield of carbon dioxide 
and percent of DOC loss to be calculated.
    (5) Guideline information. (i) Information on the relative 
proportions of the major components of the test substance will be useful 
in interpreting the results obtained, particularly in those cases where 
the result lies close to a ``pass level.''
    (ii) Information on the toxicity of the chemical may be useful in 
the interpretation of low results and in the selection of appropriate 
test concentrations.
    (6) Reference substances. Where investigating a chemical substance, 
reference compounds may be useful and an inventory of suitable reference 
compounds needs to be identified. In order to check the activity of the 
inoculum the use of a reference compound is desirable. Aniline, sodium 
citrate, dextrose, phthalic acid and trimellitic acid will exhibit 
ultimate biodegradation under the conditions of this Test Guideline 
method. These reference substances must yield 60 percent of theoretical 
maximum CO2 and show a removal of 70 percent DOC within 28 
days. Otherwise the test is regarded as invalid and shall be repeated 
using an inoculum from a different source.
    (7) Reproducibility. The reproducibility of the method has not yet 
been determined; however it is believed to be appropriate for a 
screening test which has solely an acceptance but no rejective function.
    (8) Sensitivity. The sensitivity of the method is determined by the 
ability to measure the endogenous CO2 production of the 
inoculum in the blank flask and by the sensitivity limit of the 
dissolved organic carbon analysis. If the test is adapted to handle 
\14\C-labeled test substances, test substance concentrations can be much 
lower.
    (9) Possibility of standardization. This possibility exists. The 
major difficulty is to standardize the inoculum in such a way that 
interlaboratory reproducibility is ensured.
    (10) Possibility of automation. None at present, although parts of 
the analyses may be automated.

[[Page 93]]

    (b) Test procedures--(1) Preparations--(i) Apparatus. The shake 
flask apparatus under the following Figure 1 contains 10 mL of 0.2N 
Ba(OH)2 in an open container suspended over 1 liter of 
culture medium in a 2-liter Erlenmeyer flask.
[GRAPHIC] [TIFF OMITTED] TC01AP92.039

        Figure 1--Shake-Flask System for Carbon Dioxide Evolution

The Ba(OH)2 container is made by placing a constriction just 
above the 10 mL mark of a 50 mL heavy-duty centrifuge tube and attaching 
the centrifuge tube to a 2 mm I.D.  x 9 mm O.D. glass tube by means of 3 
glass support rods. The centrifuge tube opening is large enough to 
permit CO2 to diffuse into the Ba(OH)2, while the 
constriction permits transferal of the flask to and from the shaker 
without Ba(OH)2 spillage into the medium. For periodic 
removal and addition of base from the center well, a polypropylene 
capillary tube, attached at one end to a 10 ml disposable syringe, is 
inserted through the 9 mm O.D. glass tube into the Ba(OH)2 
reservoir. The reservoir access port is easily sealed during incubation 
with a serum bottle stopper. Two glass tubes are added for sparging, 
venting, and medium sampling. The tops of these tubes are connected with 
a short section of flexible tubing during incubation.
    (ii) Reagents and stock solutions. (A) Stock solutions, I, II, and 
III under the following Table 1.
    (B) Yeast extract.
    (C) Vitamin-free casamino acids.
    (D) 70 percent O2 in nitrogen or CO2-free air.
    (E) 0.2N Ba(OH)2.
    (F) 0.1 N HCl.
    (G) 20 percent H2SO4.
    (H) Phenolphthalein.
    (I) Dilution water--distilled, deionized water (DIW).
    (iii) Soil inoculum. A fresh sample of an organically rich soil is 
used as the inoculum in the ultimate biodegradation test. Soil is 
collected, prepared, and stored according to the recommendations of 
Pramer and Bartha (1972) under paragraph (d)(2) of this section. The 
soil surface is cleared of litter and a soil sample is obtained 10 to 20 
cm below the surface. The sample is screened through a sieve with 2 to 5 
mm openings and stored in a polyethylene bag at 2 to 4  deg.C for not 
more

[[Page 94]]

than 30 days prior to use. The soil is never allowed to air-dry, and 
shall not be frozen during storage.

           Table 1--Medium Employed for Assay of CO2 Evolution
------------------------------------------------------------------------
                                                                 Stock
                                                                Solution
        Solution \1\                      Compound             Conc. (g/
                                                                   L)
------------------------------------------------------------------------
I                             NH4Cl..........................    35
                              KNO3...........................    15
                              K2HPO43H2O...........   750
                              NaH2PO4H2O...........    25
II \2\                        KCl............................    10
                              MgSO4..........................    20
                              FeSO47H2O............     1
III                           CaCl2..........................     5
                              ZnCl2..........................     0.05
                              MnCl24H2O............     0.5
                              CuCl2..........................     0.05
                              CoCl2..........................     0.001
                              H3 BO3.........................     0.001
                              MoO3...........................     0.0004
------------------------------------------------------------------------
\1\= Each liter of test medium contains 1 mL of each solution.
\2\= Final pH is adjusted to 3.0 with 0.10 N HCl.

    (iv) Acclimation Medium. Acclimation medium is prepared by adding, 
for each liter of distilled, deionized water (DIW): 1 mL each of 
solutions I, II, and III in Table 1 in paragraph (b)(1)(iii) of this 
section, 1.0 gm of soil inoculum (prepared according to paragraph 
(b)(1)(iii) of this section), 2.0 mL of aerated mixed liquor (obtained 
from an activated sludge treatment plant not more than 2 days prior to 
commencing the acclimation phase, and stored in the interim at 4  deg.C) 
and 50 mL raw domestic influent sewage. This medium is mixed for 15 
minutes and filtered through a glass wool plug in a glass funnel. The 
filtrate is permitted to stand for 1 hour, refiltered through glass 
wool, and supplemented with 25 mg/L each of Difco vitamin-free casamino 
acids and yeast extract. Appropriate volumes are added to 2-liter 
Erlenmeyer flasks. Test compounds are added incrementally during the 
acclimation period at concentrations equivalent to 4, 8, and 8 mg/L 
carbon on days 0, 7, and 11, respectively. On day 14, the medium is 
refiltered through glass wool prior to use in the test. For evaluating 
the biodegradability of a series of functionally or structurally related 
chemicals, media from all inoculum flasks may be combined before final 
filtration.
    (2) Procedures. (i) Inoculum (100 mL of acclimation medium) is added 
to 900 mL DIW containing 1 mL each of solutions I, II, and III in Table 
1 under paragraph (b)(1)(iii) of this section in a 2-liter Erlenmeyer 
flask. Test compound equivalent to 10 mg/liter carbon is added to each 
of the replicate flasks containing the test medium. Ten mL of 0.2 N Ba 
(OH)2 are added to the suspended reservoir in each flask and 
duplicate 10 mL samples of Ba(OH)2 are also saved as 
titration blanks for analysis with test samples. Flasks are sparged with 
CO2-free air (for volatile test materials, sparging is done 
prior to addition of the chemical), sealed, and placed on a gyrotary 
shaker (approximately 125 rpm) at 20 to 25  deg.C in the dark. For each 
set of experiments, each test, reference, inhibited, and control system 
should be analyzed at time zero and at a minimum of four other times 
from time zero through day 28. Sampling must be made with sufficient 
frequency to allow for a smooth plot of biodegradation with time. 
Sampling times should be varied by the investigator as deemed 
appropriate to match the rate of degradation of the test substance. 
Tests may be terminated when biodegradation reaches a plateau and is 
consistent (10 percent) over 3 consecutive days or on day 
28, whichever occurs first. For chemicals which are water soluble at the 
test concentration, an adequate volume (5 to 10 mL) of medium is removed 
for DOC analysis. Each sample for DOC analysis should be filtered 
through a membrane filter of 0.45 micrometer pore diameter before DOC 
analysis. For all test and reference compounds, Ba(OH)2 from 
the center well is removed for analysis. The center well is rinsed with 
10 mL CO2-free DIW and is refilled with fresh base. Rinse 
water is combined with the Ba(OH)2 sample to be analyzed. 
Flasks are resealed and placed on the shaker. On the day prior to 
terminating the test, 3 mL of 20 percent H2SO4 are 
added to the medium to release carbonate bound CO2.
    (ii) For each set of experiments, each test substance shall be 
tested in triplicate.
    (iii) For each set of experiments, one or two reference compounds 
are included to assess the microbial activity of the test medium. 
Duplicate reference flasks are prepared by adding

[[Page 95]]

reference compound equivalent to 10 mg/liter carbon to each of two 
flasks containing the test medium. Reference compounds which are 
positive for ultimate biodegradability include: sodium citrate, 
dextrose, phthalic acid, trimellitic acid, and aniline.
    (iv) For each test set, triplicate controls receiving inoculated 
medium and no test compound, plus all test and reference flasks, are 
analyzed for CO2 evolution and DOC removal. Results from 
analysis of the control flasks (DOC, CO2 evolution, etc.) are 
subtracted from corresponding experimental flasks containing test 
compound in order to arrive at the net effect due to the test compound.
    (v) A test system containing a growth inhibitor should be 
established as a control for each substance tested for biodegradation by 
this method. That inhibited system must contain the same amount of 
water, mineral nutrients, inoculum, and test substance used in the 
uninhibited test systems, plus 50 mg/L mercuric chloride 
(HgCl2) to inhibit microbial activity.
    (vi) Flasks shall be incubated in the dark to minimize both 
photochemical reactions and algal growth. Appropriate sterile controls 
or controls containing a metabolic inhibitor, such as 50 mg/1 
HgCl2, are needed to correct for interferences due to 
nonbiological degradation. With volatile organic materials, sparging 
with CO2-free air is performed only once, just prior to 
addition of the test chemical. Analyses for CO2 evolution and 
DOC removal are conducted within 2 to 3 hours of sampling to minimize 
interferences which may occur in storage. All glassware should be free 
of organic carbon contaminants.
    (3) Analytical measurements. The quantity of CO2 evolved 
is measured by titration of the entire Ba(OH)2 sample (10 mL 
Ba(OH)2+10 mL rinse water) with 0.1 N HCl to the 
phenolphthalein end point. Ba(OH)2 blanks are also 
supplemented with 10 mL CO2-free DIW and titrated in a 
similar manner. Samples (5 mL) for DOC are centrifuged and/or filtered 
and supernatant or filtrate analyzed by a suitable total organic carbon 
method.
    (c) Data and reporting--(1) Treatment of results. (i) Test compound 
(10 mg carbon) is theoretically converted to 0.833 mmol CO2. 
Absorbed CO2 precipitates as BaCO3 from 
Ba(OH)2, causing a reduction in alkalinity by the equivalent 
of 16.67 mL of 0.1 N HCl for complete conversion of the test compound 
carbon to CO2. Therefore, the percent theoretical 
CO2 evolved from the test compound is calculated at any 
sampling time from the formula:

Percent CO2 evolution=[(TF-CF)/16.67] 100 (for 10 mg/L test 
          compound carbon)

where:

TF= mL 0.1 N HCl required to titrate Ba(OH)2 samples from the 
          test flask
CF= mL 0.1 N HCl required to titrate Ba(OH)2 samples from the 
          control flask.

    (ii) The cumulative percent CO2 evolution at any sample 
time is calculated as the summation of the percent CO2 
evolved at all sample points of the test.
    (iii) The percent DOC disappearance from the test compound is 
calculated from the following equation:

Percent DOC Removal=[1-(DTFx- DCFx)/
          (DTFo- DCFo)] 100

where:

DTF= Dissolved organic carbon from test flask
DCF= Dissolved organic carbon from control flask
o= Day zero measurements
x= Day of measurements during test.

    (iv) The difference between the amount of 0.1 N HCl used for the 
Ba(OH)2 titration blank samples and the Ba(OH)2 
samples from the control units (no test compound) is an indication of 
the activity of the microorganisms in the test system. In general, this 
difference is approximately 1 to 3 mL of 0.1 N HCl at each sampling 
time. A finding of no difference in the titration volumes between these 
two samples indicates a poor inoculum. In this case, the validity of the 
test results is questionable and the test set shall be rerun beginning 
with the acclimation phase.
    (v) CO2 evolution in the reference flasks is also 
indicative of the activity of the microbial test system. The suggested 
reference compounds should all yield final CO2 evolution 
values of at least 60 percent of theoretical CO2. If, for any 
test set, the percent theoretical CO2 evolution value for the 
reference

[[Page 96]]

flasks is outside this range, the test results are considered invalid 
and the test is rerun.
    (vi) Inhibition by the test compound is indicated by lower 
CO2 evolution in the test flasks than in the control flasks. 
If inhibition is noted, the study for this compound is rerun beginning 
with the acclimation phase. During the test phase for inhibitory 
compounds, the test chemical is added incrementally according to the 
schedule: Day 0--0.5 mg/liter as organic carbon, Day 2--1 mg/liter C, 
Day 4--1.5 mg/liter C, Day 7--2 mg/liter C, Day 10--5 mg/liter C. For 
this case, the Ba(OH)2 is sampled on Day 10, and weekly 
thereafter. The total test duration remains 28 days.
    (vii) The use of 14C-labeled chemicals is not required. 
If appropriately labeled test substance is readily available and if the 
investigator chooses to use this procedure with labeled test substance, 
this is an acceptable alternative. If this option is chosen, the 
investigator may use lower test substance concentrations if those 
concentrations are more representative of environmental levels.
    (2) Test report. (i) For each test and reference compound, the 
following data shall be reported.
    (ii) Information on the inoculum, including source, collection date, 
handling, storage and adaptation possibilities (i.e., that the inoculum 
might have been exposed to the test substance either before or after 
collection and prior to use in the test).
    (iii) Results from each test, reference, inhibited (with 
HgCl2) and control system at each sampling time, including an 
average result for the triplicate test substance systems and the 
standard deviation for that average.
    (iv) Average cumulative percent theoretical CO2 evolution 
over the test duration.
    (v) Dissolved organic carbon due to test compound at each sampling 
time (DTF-DCF).
    (vi) Average percent DOC removal at each sampling time.
    (vii) Twenty-eight day standard deviation for percent CO2 
evolution and DOC removal.
    (d) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Gledhill, W.E. ``Screening Test for Assessment of Ultimate 
Biodegradability: Linear Alkyl Benzene Sulfonate,'' Applied 
Microbiology, 30:922-929 (1975).
    (2) Pramer, D., Bartha, R. `'Preparation and Processing of Soil 
Samples for Biodegradation Testing,'' Environmental Letters, 2:217-224 
(1972).

[50 FR 39252, Sept. 27, 1985, as amended at 52 FR 19058, May 20, 1987]



Sec. 796.3500  Hydrolysis as a function of pH at 25  deg.C.

    (a) Introduction--(1) Background and purpose. (i) Water is one of 
the most widely distributed substances in the environment. It covers a 
large portion of the earth's surface as oceans, rivers, and lakes. The 
soil also contains water, as does the atmosphere in the form of water 
vapor. As a result of this ubiquitousness, chemicals introduced into the 
environment almost always come into contact with aqueous media. Certain 
classes of these chemicals, upon such contact, can undergo hydrolysis, 
which is one of the most common reactions controlling chemical stability 
and is, therefore, one of the main chemical degradation paths of these 
substances in the environment.
    (ii) Since hydrolysis can be such an important degradation path for 
certain classes of chemicals, it is necessary, in assessing the fate of 
these chemicals in the environment, to know whether, at what rate, and 
under what conditions a substance will hydrolyze. Some of these 
reactions can occur so rapidly that there may be greater concern about 
the products of the transformation than about the parent compounds. In 
other cases, a substance will be resistant to hydrolysis under typical 
environmental conditions, while, in still other instances, the substance 
may have an intermediate stability that can result in the necessity for 
an assessment of both the original compound and its transformation 
products. The importance of transformation of chemicals via hydrolysis 
in aqueous media in the environment can be determined quantitatively 
from data on hydrolysis rate constants. This hydrolysis Test Guideline 
represents a test to

[[Page 97]]

allow one to determine rates of hydrolysis at any pH of environmental 
concern at 25 deg.C.
    (2) Definitions and units. (i) ``Hydrolysis'' is defined as the 
reaction of an organic chemical with water, such that one or more bonds 
are broken and the reaction products of the transformation incorporate 
the elements of water (H2O).
    (ii) ``Elimination'' is defined in this Test Guideline to be a 
reaction of an organic chemical (RX) in water in which the X group is 
lost. These reactions generally follow the same type of rate laws that 
hydrolysis reactions follow and, thus, are also covered in this Test 
Guideline.
    (iii) A ``first-order reaction'' is defined as a reaction in which 
the rate of disappearance of the chemical substance being tested is 
directly proportional to the concentration of the chemical substance and 
is not a function of the concentrations of any other substances present 
in the reaction mixture.
    (iv) The ``half-life'' of a chemical is defined as the time required 
for the concentration of the chemical substance being tested to be 
reduced to one-half its initial value.
    (v) ``Hydrolysis'' refers to a reaction of an organic chemical with 
water such that one or more bonds are broken and the reaction products 
incorporate the elements of water (H2O). This type of 
transformation often results in the net exchange of a group X, on an 
organic chemical RX, for the OH group from water. This can be written 
as:

    RX+HOH ROH+HX.

    (A) Another result of hydrolysis can be the incorporation of both H 
and OH in a single product. An example of this is the hydrolysis of 
epoxides, which can be represented by


    (B) The hydrolysis reaction can be catalyzed by acidic or basic 
species, including OH- and H3O= 
(H=). The promotion of the reaction by 
H3O- or OH- is called specific acid or 
specific base catalysis, respectively, as contrasted with general acid 
or base catalysis encountered with other cationic or anionic species. 
Usually, the rate law for chemical RX can be written as:

                               Equation 1

-d[RX]/d= = kh[RX]=kA[H=] 
          [RX]
+kB[OH-] [RX]+k,N 
          [H2O] [RX],


where KA, kB and k'N are the second-
order rate constants for acid and base catalyzed and neutral water 
processes, respectively. In dilute solutions, such as are encountered in 
following this Test Guideline, water is present in great excess and its 
concentration is, thus, essentially constant during the course of the 
hydrolysis reaction. At fixed pH, the reaction, therefore, becomes 
pseudo first-order, and the rate constant (kh) can be written 
as:

                               Equation 2

kh=kA [H=]+kB 
          [OH-]+kN,


where kN is the first-order neutral water rate constant. 
Since this is a pseudo first-order process, the half-life is independent 
of the concentration and can be written as:

                               Equation 3

t1/2=0.693/kh.


At constant pH, Equation 1 can be integrated to yield the first order 
rate expression

                               Equation 4

log10C=- (kh t/
          2.303)+log10Co,


where C is the concentration of the test chemical at time t and 
Co is the initial chemical concentration (t=0).
    (C) At a given pH, Equation 2 under paragraph (a)(2)(v)(B) of this 
section contains three unknowns, kA, kB, and 
kN. Therefore, three equations (i.e., measurements at three 
different pH's at a fixed temperature) are required if one wishes to 
solve for these quantities. Making suitable approximations for 
quantities that are negligible, the expressions for kA, 
kB, and kN using values of kh measured 
at pH 3, 7, and 11 are:

                               Equation 5

kA=103 [kh (3)-kh 
          (7)+10-4 kh (11)]

[[Page 98]]

kB=103 [kh (11)-kh 
          (7)+10-4 kh (3)]
kN=kh (7)-10-4 [kh 
          (3)+kh (11)]


The calculated rate constants from equation 5 under this paragraph can 
be employed in equation 2 under paragraph (a)(2)(v)(B) of this section 
to calculate the hydrolysis rate of a chemical at any pH of 
environmental concern.
    (D) The equations under paragraph (a)(2) of this section apply 
whether the test chemical has one or more hydrolyzable groups. In the 
latter case, the rate may be written as:

                               Equation 6

-d[RX]/dt= [RX]=k2 [RX]+ . . . . +kn
[RX]=(k1+k2+ . . . . . kn) 
          [RX]=kh [RX].


Equation 6 applies to the hydrolysis rate of a molecule having n 
hydrolyzable groups, each of which follows first-order reaction 
kinetics. The measured kh is now the sum of the individual 
reaction rates and is the only rate constant required in this section.
    (3) Principle of the test method. Procedures described in this 
section enable sponsors to obtain quantitative information on hydrolysis 
rates through a determination of hydrolysis rate constants and half-
lives of chemicals at pH 3.00, 7.00, and 11.00 at 25  deg.C. The three 
measured rate constants are used to determine the acidic, basic, and 
neutral rate constants associated with a hydrolytic reaction. The latter 
constants can then be employed in determining the hydrolysis rates of 
chemicals at any pH of environmental concern at 25  deg.C.
    (4) Applicability and specificity. There are several different 
common classes of organic chemicals that are subject to hydrolysis 
transformation, including esters, amides, lactones, carbamates, 
organophosphates, and alkyl halides. Processes other than nucleophilic 
displacement by water can also take place. Among these are elimination 
reactions that exhibit behavior similar to hydrolysis and, therefore, 
are also covered in this section.
    (b) Test procedures--(1) Test conditions--(i) Special laboratory 
equipment. (A) A thermostatic bath that can be maintained at a 
temperature of 251  deg.C.
    (B) A pH meter that can resolve differences of 0.05 pH units or 
less.
    (C) Stoppered volumetric flasks (no grease) or glass ampoules that 
can be sealed.
    (ii) Purity of water. Reagent-grade water (e.g., water meeting ASTM 
Type IIA standards or an equivalent grade) shall be used to minimize 
biodegradation. ASTM Type IIA water is described in ASTM D 1193-77 
(Reapproved 1983), ``Standard Specification for Reagent Water.'' ASTM D 
1193-77 (Reapproved 1983) is available for inspection at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC. This incorporation by reference was approved by the 
Director of the Office of the Federal Register. This material is 
incorporated as it exists on the date of approval and a notice of any 
change in this material will be published in the Federal Register. 
Copies of the incorporated material may be obtained from the Non-
Confidential Information Center (NCIC) (7407), Office of Pollution 
Prevention and Toxics, U.S. Environmental Protection Agency, Room B-607 
NEM, 401 M St., SW., Washington, DC 20460, between the hours of 12 p.m. 
and 4 p.m. weekdays excluding legal holidays, or from the American 
Society for Testing and Materials (ASTM), 1916 Race Street, 
Philadelphia, PA 19103.
    (iii) Sterilization. All glassware shall be sterilized. Aseptic 
conditions shall be used in the preparation of all solutions and in 
carrying out all hydrolysis experiments to eliminate or minimize 
biodegradation. Glassware can be sterilized in an autoclave or by any 
other suitable method.
    (iv) Precautions for volatility. If the chemical is volatile the 
reaction vessels shall be almost completely filled and sealed.
    (v) Temperature controls. All hydrolysis reactions shall be carried 
out at 25  deg.C (1  deg.C) and with the temperature 
controlled to 0.1  deg.C.
    (vi) pH conditions. It is recommended that all hydrolysis 
experiments be performed at pH 3.00, 7.00, and 11.00  0.05 
using the appropriate buffers described in paragraph (b)(2)(i)(A) of 
this section.
    (vii) Concentration of solutions of chemical substances. The 
concentration of the test chemical shall be less than one-half the 
chemical's solubility in water but not greater than 10-3 M.

[[Page 99]]

    (viii) Effect of acidic and basic groups. Complications can arise 
upon measuring the rate of hydrolysis of chemicals that reversibly 
ionize or are protonated in the pH range 3.00 to 11.00. Therefore, for 
these chemicals, it is recommended that these hydrolysis tests be 
performed at pH 5.00, 7.00, and 9000.05 using the 
appropriate buffers described in paragraphs (b)(2)(i) (A) and (B) of 
this section. If a test chemical reversibly ionizes or protonates in the 
pH range 5.00 to 9.00, then it is recommended that additional hydrolysis 
tests should be carried out at pH 6.00 and 8.000.05 using 
the buffers described in paragraph (b)(2)(i)(B) of this section.
    (ix) Buffer catalysis. For certain chemicals, buffers may catalyze 
the hydrolysis reaction. If this is suspected, hydrolysis rate 
determination shall be carried out with the appropriate buffers and the 
same experiments repeated at buffer concentrations lowered by at least a 
factor of five. If the hydrolysis reaction produces a change of greater 
than 0.05 pH units in the lower concentration buffers at the end of the 
measurement time, the test chemical concentrations also shall be lowered 
by at least a factor of five. Alternatively, test chemical 
concentrations and buffer concentrations may both be lowered 
simultaneously by a factor of five. A sufficient criterion for 
minimization of buffer catalysis is an observed equality in the 
hydrolysis rate constant for two different solutions differing in buffer 
or test chemical concentration by a factor of five.
    (x) Photosensitive chemicals. The solution absorption spectrum can 
be employed to determine whether a particular chemical is potentially 
subject to photolytic transformation upon exposure to light. For 
chemicals that absorb light of wavelengths greater than 290 nm, the 
hydrolysis experiment shall be carried out in the dark, under amber or 
red safelights, in amber or red glassware, or employing other suitable 
methods for preventing photolysis. The absorption spectrum of the 
chemical in aqueous solution can be measured under Sec. 796.1050.
    (xi) Chemical analysis of solutions. In determining the 
concentrations of the test chemicals in solution, any suitable 
analytical method may be employed, although methods which are specific 
for the compound to be tested are preferred. Chromatographic methods are 
recommended because of their compound specificity in analyzing the 
parent chemical without interferences from impurities. Whenever 
practicable, the chosen analytical method should have a precision within 
5 percent.
    (2) Preparation--(i) Reagents and solutions--(A) Buffer solutions. 
Prepare buffer solutions using reagent-grade chemicals and reagent-grade 
water as follows:
    (1) pH 3.00: use 250 mL of 0.100M potassium hydrogen phthalate; 111 
mL of 0.100M hydrochloric acid; and adjust volume to 500 mL with 
reagent-grade water.
    (2) pH 7.00: use 250 mL of 0.100M potassium dihydrogen phosphate; 
145 mL of 0.100M sodium hydroxide; and adjust volume to 500 mL with 
reagent-grade water.
    (3) pH 11.00: use 250 mL of 0.0500M sodium bicarbonate; 113 mL of 
0.100M sodium hydroxide; and adjust volume to 500 mL with reagent-grade 
water.
    (B) Additional buffer solutions. For chemicals that ionize or are 
protonated as discussed in paragraph (b)(1)(viii) of this section, 
prepare buffers using reagent-grade water and reagent-grade chemicals as 
follows:
    (1) pH 5.00: use 250 mL of 0.100M potassium hydrogen phthalate; 113 
mL of 0.100M sodium hydroxide; and adjust volume to 500 mL with reagent-
grade water.
    (2) pH 6.00: use 250 mL of 0.100M potassium dihydrogen phosphate; 28 
mL of 0.100M sodium hydroxide; and adjust volume to 500 mL with reagent-
grade water.
    (3) pH 8.00: use 250 mL of 0.100M potassium dihydrogen phosphate; 
234 mL of 0.100M sodium hydroxide; and adjust volume to 500 mL with 
reagent-grade water.
    (4) pH 9.00: use 250 mL of 0.0250M borax (Na2 
B4O7); 23 mL of 0.100M hydrochloric aid; and 
adjust volume to 500 mL with reagent-grade water.
    (C) Adjustment of buffer concentrations. (1) The concentrations of 
all the above buffer solutions are the maximum concentration to be 
employed in carrying out hydrolysis measurements. If the

[[Page 100]]

initial concentration of the test chemical is less than 10-3 
M, the buffer concentration shall be lowered by a corresponding amount; 
e.g., if the initial test chemical concentration is 10-4 M, 
the concentration of the above buffers shall be reduced by a factor of 
10. In addition, for those reactions in which an acid or base is not a 
reaction product, the minimum buffer concentration necessary for 
maintaining the pH within +0.05 units shall be employed.
    (2) Check the pH of all buffer solutions with a pH meter at 25 
deg.C and adjust the pH to the proper value, if necessary.
    (D) Preparation of test solution. (1) If the test chemical is 
readily soluble in water, prepare an aqueous solution of the chemical in 
the appropriate buffer and determine the concentration of the chemical. 
Alternatively, a solution of the chemical in water may be prepared and 
added to an appropriate buffer solution and the concentration of the 
chemical then determined. In the latter case, the aliquot shall be small 
enough so that the concentration of the buffer in the final solution and 
the pH of the solution remain essentially unchanged. Do not employ heat 
in dissolving the chemical. The final concentration shall not be greater 
than one-half the chemical's solubility in water and not greater than 
10-3 M.
    (2) If the test chemical is too insoluble in pure water to permit 
reasonable handling and analytical procedures, it is recommended that 
the chemical be dissolved in reagent-grade acetonitrile and buffer 
solution and then added to an aliquot of the acetonitrile solution. Do 
not employ heat to dissolve the chemical in acetonitrile. The final 
concentration of the test chemical shall not be greater than one-half 
the chemical's solubility in water and not greater than 10-3 
M. In addition, the final concentration of the acetonitrile shall be one 
volume percent or less.
    (3) Performance of the test. Carry out all hydrolysis experiments by 
employing one of the procedures described in this paragraph. Prepare the 
test solutions as described in paragraph (b)(2)(i) of this section at pH 
3.00, 7.00, and 11.000.05, and determine the initial test 
chemical concentration (Co) in triplicate. Analyze each 
reaction mixture in triplicate at regular intervals, employing one of 
the following procedures:
    (i) Procedure 1. Analyze each test solution at regular intervals to 
provide a minimum of six measurements with the extent of hydrolysis 
between 20 to 70 percent. Rates should be rapid enough so that 60 to 70 
percent of the chemical is hydrolyzed in 672 hours.
    (ii) Procedure 2. If the reaction is too slow to conveniently follow 
hydrolysis to high conversion in 672 hours but still rapid enough to 
attain at least 20 percent conversion, take 15 to 20 time points at 
regular intervals after 10 percent conversion is attained.
    (iii) Procedure 3. (A) If chemical hydrolysis is less than 20 
percent after 672 hours, determine the concentration (C) after this time 
period.
    (B) If the pH at the end of concentration measurements employing any 
of the above three procedures has changed by more than 0.05 units from 
the initial pH, repeat the experiment using a solution having a test 
chemical concentration lowered sufficiently to keep the pH variation 
within 0.05 pH units.
    (iv) Analytical methodology. Select an analytical method that is 
most applicable to the analysis of the specific chemical being tested 
under paragraph (b)(1)(xi) of this section.
    (c) Data and reporting--(1) Treatment of results. (i) If Procedure 1 
or 2 were employed in making concentration measurements, use a linear 
regression analysis with Equation 4 under paragraph (a)(2)(v)(B) of this 
section to calculate kh at 25  deg.C for each pH employed in 
the hydrolysis experiments. Calculate the coefficient of determination 
(R2) for each rate constant. Use Equation 3 under paragraph 
(a)(2)(v)(B) of this section to calculate the hydrolysis half-life using 
kh.
    (ii) If Procedure 3 was employed in making rate measurements, use 
the mean initial concentration (Co) and the mean 
concentration of chemical (C) in Equation 4 under paragraph (a)(2)(v)(B) 
of this section to calculate kh for each pH used in the 
experiments. Calculate the hydrolysis half-life using kh in 
Equation 3 under paragraph (a)(2)(v)(B) of this section.

[[Page 101]]

    (iii) For each set of three concentration replicates, calculate the 
mean value of C and the standard deviation.
    (iv) For test chemicals that are not ionized or protonated between 
pH 3 and 11, calculate kA, kB, and kN 
using Equation 5.
    (2) Specific analytical and recovery procedures. (i) Provide a 
detailed description or reference for the analytical procedure used, 
including the calibration data and precision.
    (ii) If extraction methods were used to separate the solute from the 
aqueous solution, provide a description of the extraction method as well 
as the recovery data.
    (3) Test data report. (i) For Procedures 1 and 2, report 
kh, the hydrolysis half-life (t1/2), and the 
coefficient of determination (R2) for each pH employed in the 
rate measurements. In addition, report the individual values, the mean 
value, and the standard deviation for each set of replicate 
concentration measurements. Finally, report kA, 
kB, and kN.
    (ii) For Procedure 3, report kh and the half-life for 
each pH employed in the rate measurements. In addition, report the 
individual values, the mean value, and the standard deviation for each 
set of replicate concentration measurements. Finally, report 
kA, kB, and kN.
    (iii) If, after 672 hours, the concentration (C) is the same as the 
initial concentration (Co) within experimental error, then 
kh cannot be calculated and the chemical can be reported as 
being persistent with respect to hydrolysis.

[50 FR 39252, Sept. 27, 1985, as amended at 53 FR 10391, Mar. 31, 1988; 
53 FR 12526, Apr. 15, 1988; 53 FR 22323, June 15, 1988; 60 FR 34467, 
July 3, 1995]



PART 797--ENVIRONMENTAL EFFECTS TESTING GUIDELINES--Table of Contents




Subpart A  [Reserved]

                      Subpart B--Aquatic Guidelines

Sec.
797.1050  Algal acute toxicity test.
797.1300  Daphnid acute toxicity test.
797.1330  Daphnid chronic toxicity test.
797.1400  Fish acute toxicity test.
797.1600  Fish early life stage toxicity test.
797.1930  Mysid shrimp acute toxicity test.
797.1950  Mysid shrimp chronic toxicity test.

    Authority: 15 U.S.C. 2603.

    Source: 50 FR 39321, Sept. 27, 1985, unless otherwise noted.

Subpart A  [Reserved]



                      Subpart B--Aquatic Guidelines



Sec. 797.1050  Algal acute toxicity test.

    (a) Purpose. The guideline in this section is intended for use in 
developing data on the acute toxicity of chemical substances and 
mixtures (``chemicals'') subject to environmental effects test 
regulations under the Toxic Substances Control Act (TSCA) (Pub. L. 94-
469, 90 Stat. 2003, 15 U.S.C. 2601 et seq.). This guideline prescribes 
test procedures and conditions using freshwater and marine algae to 
develop data on the phytotoxicity of chemicals. The United States 
Environmental Protection Agency (U.S. EPA) will use data from these 
tests in assessing the hazard of a chemical to the environment.
    (b) Definitions. The definitions in section 3 of the Toxic 
Substances Control Act (TSCA) and the definitions in part 792--Good 
Laboratory Practice Standards of this chapter apply to this test 
guideline. The following definitions also apply to this guideline:
    (1) Algicidal means having the property of killing algae.
    (2) Algistatic means having the property of inhibiting algal growth.
    (3) ECx means the experimentally derived chemical concentration that 
is calculated to effect X percent of the test criterion.
    (4) Growth means a relative measure of the viability of an algal 
population based on the number and/or weight of algal cells per volume 
of nutrient medium or test solution in a specified period of time.
    (5) Static system means a test container in which the test solution 
is not renewed during the period of the test.
    (c) Test procedures--(1) Summary of the test. (i) In preparation for 
the test, fill test containers with appropriate volumes of nutrient 
medium and/or test solution. Start the test by introducing algae into 
the test and control containers in the growth chambers. Environmental 
conditions within the

[[Page 102]]

growth chambers are established at predetermined limits.
    (ii) At the end of 96 hours enumerate the algal cells in all 
containers to determine inhibition or stimulation of growth in test 
containers compared to controls. Use data to define the concentration-
response curve, and calculate the EC10, EC50, and 
EC90 values.
    (2) [Reserved]
    (3) Range-finding test. (i) A range-finding test should be conducted 
to determine:
    (A) If definitive testing is necessary.
    (B) Test chemical concentrations for the definitive test.
    (ii) Algae are exposed to a widely spaced (e.g., log interval) 
chemical concentration series. The lowest value in the series, exclusive 
of controls, should be at the chemical's detection limit. The upper 
value, for water soluble compounds, should be the saturation 
concentration. No replicates are required; and nominal concentrations of 
the chemical are acceptable unless definitive testing is not required.
    (iii) The test is performed once for each of the recommended algal 
species or selected alternates. Test chambers should contain equal 
volumes of test solution and approximately 1 x 104 
Selenastrum cells/ml or 7.7 x 10\4\ Skeletonema cells/ml of test 
solution. The algae should be exposed to each concentration of test 
chemical for up to 96 hours. The exposure period may be shortened if 
data suitable for the purposes of the range-finding test can be obtained 
in less time.
    (iv) Definitive testing is not necessary if the highest chemical 
concentration tested (water saturation concentration or 1000 mg/l) 
results in less than a 50 percent reduction in growth or if the lowest 
concentration tested (analytical detection limit) results in greater 
than a 50 percent reduction in growth.
    (4) Definitive test. (i) The purpose of the definitive test is to 
determine the concentration response curves, the EC10's, 
EC50's, and EC90's for algal growth for each 
species tested, with a minimum amount of testing beyond the range-
finding test.
    (ii) Algae should be exposed to five or more concentrations of the 
test chemical in a geometric series in which the ratio is between 1.5 
and 2.0 (e.g., 2, 4, 8, 16, 32, and 64 mg/l). Algae shall be placed in a 
minimum of three replicate test containers for each concentration of 
test chemical and control. More than three replicates may be required to 
provide sufficient quantities of test solution for determination of test 
substance concentration at the end of the test. Each test chamber should 
contain equal volumes of test solution and approximately 
1 x 104 Selenastrum cells/ml or 7.7 x 104 
Skeletonema cells/ml of test solution. The chemical concentrations 
should result in greater than 90 percent of algal growth being inhibited 
or stimulated at the highest concentrations of test substance compared 
to controls.
    (iii) Every test shall include a control consisting of the same 
nutrient medium, conditions, procedures, and algae from the same 
culture, except that none of the test substance is added. If a carrier 
is present in any of the test chambers, a separate carrier control is 
required.
    (iv) The test begins when algae from 5- to 10-day-old stock cultures 
are placed in the test chambers containing test solutions having the 
appropriate concentrations of the test substance. Algal growth in 
controls should reach the logarithmic growth phase by 96 hours. If 
logarithmic growth cannot be demonstrated, the test shall be repeated. 
At the end of 24, 48, 72, and 96 hours the algal growth response (number 
or weight of algal cells/ml) in all test containers and controls shall 
be determined by an indirect (spectrophotometry, electronic cell 
counters, dry weight, etc.) or a direct (actual microscopic cell count) 
method. Indirect methods shall be calibrated by a direct microscopic 
count. The percentage inhibition or stimulation of growth for each 
concentration, EC10, EC50, EC90 and the 
concentration-response curves are determined from these counts.
    (v) At the end of the definitive test, the following additional 
analyses of algal growth response shall be performed:
    (A) Determine whether the altered growth response between controls 
and test algae was due to a change in relative cell numbers, cell sizes 
or both. Also note any unusual cell shapes,

[[Page 103]]

color differences, flocculations, adherence of algae to test containers, 
or aggregation of algal cells.
    (B) In test concentrations where growth is maximally inhibited, 
algistatic effects may be differentiated from algicidal effects by the 
following two methods for Skeletonema and by the second method for 
Selenastrum.
    (1) Add 0.5 ml of a 0.1 percent solution (weight/volume) of Evans 
blue stain to a 1 milliliter aliquot of algae from a control container 
and to a 1 milliliter aliquot of algae from the test container having 
the lowest concentration of test chemical which completely inhibited 
algal growth (if algal growth was not completely inhibited, select an 
aliquot of algae for staining from the test container having the highest 
concentration of test chemical which inhibited algal growth). Wait 10 to 
30 minutes, examine microscopically, and determine the percent of the 
cells which stain blue (indicating cell mortality). A staining control 
shall be performed concurrently using heat-killed or formaldehyde-
preserved algal cells; 100 percent of these cells shall stain blue.
    (2) Remove 0.5 ml aliquots of test solution containing growth-
inhibited algae from each replicate test container having the 
concentration of test substance evaluated in paragraph (c)(4)(v)(B)(1) 
of this section. Combine these aliquots into a new test container and 
add a sufficient volume of fresh nutrient medium to dilute the test 
chemical to a concentration which does not affect growth. Incubate this 
subculture under the environmental conditions used in the definitive 
test for a period of up to 9 days, and observe for algal growth to 
determine if the algistatic effect noted after the 96-hour test is 
reversible. This subculture test may be discontinued as soon as growth 
occurs.
    (5) [Reserved]
    (6) Analytical measurements--(i) Chemical. (A) Glass distilled or 
deionized water shall be used in the preparation of the nutrient medium. 
The pH of the test solution shall be measured in the control and test 
containers at the beginning and at the end of the definitive test. The 
concentration of test chemical in the test containers shall be 
determined at the beginning and end of the definitive test by standard 
analytical methods which have been validated prior to the test. An 
analytical method is unacceptable if likely degradation products of the 
chemical, such as hydrolysis and oxidation products, give positive or 
negative interference.
    (B) At the end of the test and after aliquots have been removed for 
algal growth-response determinations, microscopic examination, mortal 
staining, or subculturing, the replicate test containers for each 
chemical concentration may be pooled into one sample. An aliquot of the 
pooled sample may then be taken and the concentration of test chemical 
determined. In addition, the concentration of test chemical associated 
with the algae alone should be determined. Separate and concentrate the 
algal cells from the test solution by centrifuging or filtering the 
remaining pooled sample and measure the test substance concentration in 
the algal-cell concentrate.
    (ii) Numerical. Algal growth response (as percent of inhibition or 
stimulation in the test solutions compared to the controls) is 
calculated at the end of the test. Mean and standard deviation should be 
calculated and plotted for each treatment and control. Appropriate 
statistical analyses should provide a goodness-of-fit determination for 
the concentration response curves. The concentration response curves are 
plotted using the mean measured test solution concentrations obtained at 
the end of the test.
    (d) Test conditions--(1) Test species. Species of algae recommended 
as test organisms for this test are the freshwater green alga, 
Selenastrum capricornutum, and the marine diatom, Skeletonema costatum. 
Algae to be used in acute toxicity tests may be initially obtained from 
commercial sources and subsequently cultured using sterile technique. 
Toxicity testing shall not be performed until algal cultures are shown 
to be actively growing (i.e., capable of logarithmic growth within the 
test period) in at least 2 subcultures lasting 7 days each prior to the 
start of the definitive test. All algae used for a particular test shall 
be from the same source and the same stock culture.

[[Page 104]]

Test algae shall not have been used in a previous test, either in a 
treatment or a control.
    (2) Facilities--(i) General. (A) Facilities needed to perform this 
test include: a growth chamber or a controlled environment room that can 
hold the test containers and will maintain the air temperature, lighting 
intensity and photoperiod specified in this test guideline; apparatus 
for culturing and enumerating algae; a source of distilled and/or 
deionized water; and apparatus for carrying out analyses of the test 
chemical.
    (B) Disposal facilities should be adequate to accommodate spent 
glassware, algae and test solutions at the end of the test and any bench 
covering, lab clothing, or other contaminated materials.
    (ii) Test containers. Erlenmeyer flasks should be used for test 
containers. The flasks may be of any volume between 125 and 500 ml as 
long as the same size is used throughout a test and the test solution 
volume does not exceed 50 percent of the flask volume.
    (iii) Cleaning and sterilization. New test containers may contain 
substances which inhibit growth of algae. They shall therefore be 
cleaned thoroughly and used several times to culture algae before being 
used in toxicity testing. All glassware used in algal culturing or 
testing shall be cleaned and sterilized prior to use according to 
standard good laboratory practices.
    (iv) Conditioning. Test containers should be conditioned by a rinse 
with the appropriate test solutions prior to the start of the test. 
Decant and add fresh test solutions after an appropriate conditioning 
period for the test chemical.
    (v) Nutrient medium. (A) Formulation and sterilization of nutrient 
medium used for algal culture and preparation of test solutions should 
conform to those currently recommended by the U.S. EPA for freshwater 
and marine algal bioassays. No chelating agents are to be included in 
the nutrient medium used for test solution preparation. Nutrient medium 
should be freshly prepared for algal testing and may be dispensed in 
appropriate volumes in test containers and sterilized by autoclaving or 
filtration. The pH of the nutrient medium shall be 7.5 (0.1) 
for Selenastrum and 8.1 (0.1) for Skeletonema at the start 
of the test and may be adjusted prior to test chemical addition with 
0.1N NaOH or HC1.
    (B) Dilution water used for preparation of nutrient medium and test 
solutions should be filtered, deionized or glass distilled. Saltwater 
for marine algal nutrient medium and test solutions should be prepared 
by adding a commercial, synthetic, sea salt formulation or a modified 
synthetic seawater formulation to distilled/deionized water to a 
concentration of 30 parts per thousand.
    (vi) Carriers. Nutrient medium shall be used in making stock 
solutions of the test chemical. If a carrier other than nutrient medium 
is absolutely necessary to dissolve the chemical, the volume used shall 
not exceed the minimum volume necessary to dissolve or suspend the 
chemical in the test solution.
    (3) Test parameters. (i) The test temperature shall be 24  deg.C for 
Selenastrum and 20  deg.C for Skeletonema. Excursions from the test 
temperature shall be no greater than 2  deg.C. Temperature 
should be recorded hourly during the test.
    (ii) Test chambers containing Selenastrum shall be illuminated 
continuously and those containing Skeletonema shall be provided a 14-
hour light and 10-hour dark photoperiod with a 30 minute transition 
period under fluorescent lamps providing 300  25 uEin/m\2\ 
sec (approximately 400 ft-c) measured adjacent to the test chambers at 
the level of test solution.
    (iii) Stock algal cultures should be shaken twice daily by hand. 
Test containers shall be placed on a rotary shaking apparatus and 
oscillated at approximately 100 cycles/minute for Selenastrum and at 
approximately 60 cycles/minute for Skeletonema during the test. The rate 
of oscillation should be determined at least once daily during testing.
    (iv) The pH of nutrient medium in which algae are subcultured shall 
be 7.5 (0.1) for Selenastrum and 8.1 (0.1) for 
Skeletonema, and is not adjusted after the addition of the algae. The pH 
of all test solutions shall be measured at the beginning and end of the 
test.

[[Page 105]]

    (v) Light intensity shall be monitored at least daily during the 
test at the level of the test solution.
    (e) Reporting. The sponsor shall submit to the EPA all data 
developed by the test that are suggestive or predictive of acute 
phytotoxicity. In addition to the general reporting requirements 
prescribed in part 792--Good Laboratory Practice Standards of this 
Chapter, the following shall be reported:
    (1) Detailed information about the test organisms, including the 
scientific name, method of verification, and source.
    (2) A description of the test chambers and containers, the volumes 
of solution in the containers, the way the test was begun (e.g., 
conditioning, test substance additions, etc.), the number of replicates, 
the temperature, the lighting, and method of incubation, oscillation 
rates, and type of apparatus.
    (3) The concentration of the test chemical in the control and in 
each treatment at the end of the test and the pH of the solutions.
    (4) The number of algal cells per milliliter in each treatment and 
control and the method used to derive these values at the beginning, 24, 
48, and 72 hours, and end of the test; the percentage of inhibition or 
stimulation of growth relative to controls; and other adverse effect in 
the control and in each treatment.
    (5) The 96-hour EC10, EC50, and 
EC90 values, and when sufficient data have been generated, 
the 24, 48, and 72 hour LC50's and 95 percent confidence 
limits, the methods used to derive these values, the data used to define 
the shape of the concentration-response curve and the goodness-of-fit 
determination.
    (6) Methods and data records of all chemical analyses of water 
quality and test substance concentrations, including method validations 
and reagent blanks.
    (7) The results of any optional analyses such as: Microscopic 
appearance of algae, size or color changes, percent mortality of cells 
and the fate of subcultured cells, the concentration of test substance 
associated with algae and test solution supernate or filtrate.
    (8) If the range-finding test showed that the highest concentration 
of the chemical tested (not less than 1000 mg/l or saturation 
concentration) had no effect on the algae, report the results and 
concentration and a statement that the chemical is of minimum phytotoxic 
concern.
    (9) If the range-finding test showed greater than a 50 percent 
inhibition of algal growth at a test concentration below the analytical 
detection limit, report the results, concentration, and a statement that 
the chemical is phytotoxic below the analytical detection limit.

[50 FR 39321, Sept. 27, 1985, as amended at 52 FR 19058, May 20, 1987]



Sec. 797.1300  Daphnid acute toxicity test.

    (a) Purpose. This guideline is intended for use in developing data 
on the acute toxicity of chemical substances and mixtures 
(``chemicals'') subject to environmental effects test regulations under 
the Toxic Substances Control Act (TSCA) (Pub. L. 94-469, 90 Stat. 2003, 
15 U.S.C. 2601 et seq.). This guideline prescribes an acute toxicity 
test in which daphnids (Daphnia magna or D. pulex) are exposed to a 
chemical in static and flow-through systems. The United States 
Environmental Protection Agency will use data from this test in 
assessing the hazard a chemical may present in the aquatic environment.
    (b) Definitions. The definitions in section 3 of the Toxic 
Substances Control Act (TSCA) and part 792--Good Laboratory Practice 
Standards of this chapter apply to this test guideline. In addition, the 
following definitions apply to this guideline:
    (1) Brood stock means the animals which are cultured to produce test 
organisms through reproduction.
    (2) EC50 means that experimentally derived concentration 
of test substance in dilution water that is calculated to affect 50 
percent of a test population during continuous exposure over a specified 
period of time. In this guideline, the effect measured is 
immobilization.
    (3) Ephippium means a resting egg which develops under the carapace 
in response to stress conditions in daphnids.
    (4) Flow-through means a continuous or an intermittent passage of 
test solution or dilution water through a test

[[Page 106]]

chamber or culture tank with no recycling.
    (5) Immobilization means the lack of movement by the test organisms 
except for minor activity of the appendages.
    (6) Loading means the ratio of daphnid biomass (grams, wet weight) 
to the volume (liters) of test solution in a test chamber at a point in 
time, or passing through the test chamber during a specific interval.
    (7) Static system means a test system in which the test solution and 
test organisms are placed in the test chamber and kept there for the 
duration of the test without renewal of the test solution.
    (c) Test procedures--(1) Summary of the test. (i) Test chambers are 
filled with appropriate volumes of dilution water. In the flow-through 
test, the flow of dilution water through each chamber is adjusted to the 
rate desired. The test chemical is introduced into each treatment 
chamber. The addition of test chemical in the flow-through system is 
conducted at a rate which is sufficient to establish and maintain the 
desired concentration in the test chamber. The test is started within 30 
minutes after the test chemical has been added and uniformly distributed 
in static test chambers or after the concentration of test chemical in 
each flow-through test chamber reaches the prescribed level and remains 
stable. At the initiation of the test, daphnids which have been cultured 
and acclimated in accordance with the test design are randomly placed 
into the test chambers. Daphnids in the test chambers are observed 
periodically during the test, the immobile daphnids removed, and the 
findings recorded.
    (ii) Dissolved oxygen concentration, pH, temperature, the 
concentration of test chemical and other water quality parameters are 
measured at specified intervals in selected test chambers. Data are 
collected during the test to develop concentration-response curves and 
determine EC50 values for the test chemical.
    (2) [Reserved]
    (3) Range-finding test. (i) A range-finding test should be conducted 
to establish test solution concentrations for the definitive test.
    (ii) The daphnids should be exposed to a series of widely spaced 
concentrations of the test chemical (e.g., 1, 10, 100 mg/1, etc.), 
usually under static conditions.
    (iii) A minimum of five daphnids should be exposed to each 
concentration of test chemical for a period of 48 hours. The exposure 
period may be shortened if data suitable for the purpose of the range-
finding test can be obtained in less time. No replicates are required 
and nominal concentrations of the chemical are acceptable.
    (4) Definitive test. (i) The purpose of the definitive test is to 
determine the concentration-response curves and the 24- and 48-hour 
EC50 values with the minimum amount of testing beyond the 
range-finding test.
    (ii) A minimum of 20 daphnids per concentration shall be exposed to 
five or more concentrations of the chemical chosen in a geometric series 
in which the ratio is between 1.5 and 2.0 (e.g., 2, 4, 8, 16, 32, and 64 
mg/l). An equal number of daphnids shall be placed in two or more 
replicates. If solvents, solubilizing agents or emulsifiers have to be 
used, they shall be commonly used carriers and shall not possess a 
synergistic or antagonistic effect on the toxicity of the test chemical. 
The concentration of solvent should not exceed 0.1 mg/l. The 
concentration ranges shall be selected to determine the concentration-
response curves and EC50 values at 24 and 48 hours. 
Concentration of test chemical in test solutions should be analyzed 
prior to use.
    (iii) Every test shall include controls consisting of the same 
dilution water, conditions, procedures and daphnids from the same 
population (culture container), except that none of the chemical is 
added.
    (iv) The dissolved oxygen concentration, temperature and pH shall be 
measured at the beginning and end of the test in each chamber.
    (v) The test duration is 48 hours. The test is unacceptable if more 
than 10 percent of the control organisms are immobilized during the 48-
hour test period. Each test chamber shall be checked for immobilized 
daphnids at 24 and 48 hours after the beginning of the test. 
Concentration-response curves and 24-hour and 48-hour EC50 
values for

[[Page 107]]

immobilization shall be determined along with their 95 percent 
confidence limits.
    (vi) In addition to immobility, any abnormal behavior or appearance 
shall also be reported.
    (vii) Test organisms shall be impartially distributed among test 
chambers in such a manner that test results show no significant bias 
from the distributions. In addition, test chambers within the testing 
area shall be positioned in a random manner or in a way in which 
appropriate statistical analyses can be used to determine the variation 
due to placement.
    (viii) The concentration of the test chemical in the chambers should 
be measured as often as is feasible during the test. In the static test 
the concentration of test chemical shall be measured, at a minimum, at 
the beginning of the test and at the end of the test in each test 
chamber. In the flow-through test the concentration of test chemical 
shall be measured at a minimum:
    (A) In each chamber at the beginning of the test and at 48 hours 
after the start of the test;
    (B) In at least one appropriate chamber whenever a malfunction is 
detected in any part of the test substance delivery system.

Among replicate test chambers of a treatment concentration, the measured 
concentration of the test chemical shall not vary more than 
20 percent.
    (5) [Reserved]
    (6) Analytical measurements. (i) Test chemical. Deionized water 
should be used in making stock solutions of the test chemical. Standard 
analytical methods should be used whenever available in performing the 
analyses. The analytical method used to measure the amount of test 
chemical in a sample shall be validated before beginning the test by 
appropriate laboratory practices. Any analytical method is not 
acceptable if likely degradation products of the test chemical, such as 
hydrolysis and oxidation products, give positive or negative 
interferences which cannot be systematically identified and corrected 
mathematically.
    (ii) Numerical. The number of immobilized daphnids shall be counted 
during each definitive test. Appropriate statistical analyses should 
provide a goodness-of-fit determination for the concentration-response 
curves. A 24- and 48-hour EC50 and corresponding 95 percent 
interval shall be calculated.
    (d) Test conditions--(1) Test species--(i) Selection. (A) The 
cladocerans, Daphnia magna or D. pulex, are the test species to be used 
in this test. Either species may be used for testing of a particular 
chemical. The species identity of the test organisms should be verified 
using appropriate systematic keys. First instar daphnids, 24 
hours old, are to be used to start the test.
    (B) Daphnids to be used in acute toxicity tests should be cultured 
at the test facility. Records should be kept regarding the source of the 
initial stock and culturing techniques. All organisms used for a 
particular test shall have originated from the same culture population.
    (C) Daphnids shall not be used for a test (1) if cultures contain 
ephippia; (2) if adults in the cultures do not produce young before day 
12; (3) if more than 20 percent of the culture stock die during the 2 
days preceding the test; (4) if adults in the culture do not produce an 
average of at least 3 young per adult per day over the 7-day period 
prior to the test and (5) if daphnids have been used in any portion of a 
previous test, either in a treatment or in a control.
    (ii) Acclimation. (A) Brood daphnids shall be maintained in 100-
percent dilution water at the test temperature for at least 48 hours 
prior to the start of the test. This is easily accomplished by culturing 
them in the dilution water at the test temperature. During production of 
neonates, daphnids should not be fed.
    (B) During culturing and acclimation to the dilution water, daphnids 
should be maintained in facilities with background colors and light 
intensities similar to those of the testing area.
    (iii) Care and handling. (A) Daphnids should be cultured in dilution 
water under similar environmental conditions to those used in the test. 
Organisms should be handled as little as possible. When handling is 
necessary it should be done as gently, carefully, and quickly as 
possible. During culturing and acclimation, daphnids should be observed 
carefully for ephippia and

[[Page 108]]

other signs of stress, physical damage and mortality. Dead and abnormal 
individuals shall be discarded. Organisms that touch dry surfaces or are 
dropped or injured in handling shall be discarded.
    (B) Smooth glass tubes (I.D. greater than 5 mm) equipped with rubber 
bulb should be used for transferring daphnids with minimal culture media 
carry-over. Care should be exercised to introduce the daphnids below the 
surface of any solution to avoid trapping air under the carapace.
    (iv) Feeding. A variety of foods (e.g., unicellular green algae) 
have been demonstrated to be adequate for daphnid culture. Daphnids 
shall not be fed during testing.
    (2) Facilities--(i) Apparatus. (A) Facilities needed to perform this 
test include: (1) Containers for culturing and acclimating daphnids; (2) 
a mechanism for controlling and maintaining the water temperature during 
the culturing, acclimation, and test periods; (3) apparatus for 
straining particulate matter, removing gas bubbles, or aerating the 
water as necessary; and (4) an apparatus for providing a 16-hour light 
and 8-hour dark photoperiod with a 15 to 30 minute transition period. In 
addition, the flow-through system shall contain appropriate test 
chambers in which to expose daphnids to the test chemical and an 
appropriate test substance delivery system.
    (B) Facilities should be well ventilated and free of fumes and 
disturbances that may affect the test organisms.
    (C) Test chambers shall be loosely covered to reduce the loss of 
test solution or dilution water due to evaporation and to minimize the 
entry of dust or other particulates into the solutions.
    (ii) Construction materials. (A) Materials and equipment that 
contact test solutions should be chosen to minimize sorption of test 
chemicals from the dilution water and should not contain substances that 
can be leached into aqueous solution in quantities that can affect the 
test results.
    (B) For static tests, daphnids can be conveniently exposed to the 
test chemical in 250 ml beakers or other suitable containers.
    (C) For flow-through tests, daphnids can be exposed in glass or 
stainless steel containers with stainless steel or nylon screen bottoms. 
The containers should be suspended in the test chamber in such a manner 
to insure that the test solution flows regularly into and out of the 
container and that the daphnids are always submerged in at least 5 
centimeters of test solution. Test chambers can be constructed using 250 
ml beakers or other suitable containers equipped with screened overflow 
holes, standpipes or V-shaped notches.
    (iii) Dilution water. (A) Surface or ground water, reconstituted 
water or dechlorinated tap water are acceptable as dilution water if 
daphnids will survive in it for the duration of the culturing, 
acclimation and testing periods without showing signs of stress. The 
quality of the dilution water should be constant and should meet the 
following specifications:

------------------------------------------------------------------------
                 Substance                      Maximum concentration
------------------------------------------------------------------------
Particulate matter........................  20 mg/liter.
Total organic carbon or...................  2 mg/liter.
      Chemical oxygen demand..............  5 mg/liter.
Un-ionized ammonia........................  1  g/liter.
Residual chlorine.........................  <3  g/liter.
Total organophosphorus pesticides.........  50 ng/liter.
Total organochlorine pesticides plus        50 ng/liter.
 polychlorinated biphenyls (PCBs) or.
Organic chlorine..........................  25 ng/liter.
------------------------------------------------------------------------

    (B) The above water quality parameters under paragraph 
(d)(2)(iii)(A) of this section shall be measured at least twice a year 
or whenever it is suspected that these characteristics may have changed 
significantly. If dechlorinated tap water is used, daily chlorine 
analysis shall be performed.
    (C) If the diluent water is from a ground or surface water source, 
conductivity and total organic carbon (TOC) or chemical oxygen demand 
(COD) shall be measured. Reconstituted water can be made by adding 
specific amounts of reagent-grade chemicals to deionized or distilled 
water. Glass distilled or carbon-filtered deionized water with a 
conductivity less than 1 ohm/cm is acceptable as the diluent 
for making reconstituted water.
    (iv) Cleaning. All test equipment and test chambers shall be cleaned 
before

[[Page 109]]

each use using standard laboratory procedures.
    (v) Test substance delivery system. In flow-through tests, 
proportional diluters, metering pump systems, or other suitable devices 
should be used to deliver test chemical to the test chambers. The system 
shall be calibrated before each test. Calibration includes determining 
the flow rate through each chamber and the concentration of the test 
chemical in each chamber. The general operation of the test substance 
delivery system should be checked twice during a test. The 24-hour flow 
through a test chamber shall be equal to at least 5 times the volume of 
the test chamber. During a test, the flow rates should not vary more 
than 10 percent from any one test chamber to another.
    (3) Test parameters. Environmental parameters of the water contained 
in test chambers shall be maintained as specified below:
    (i) The test temperature shall be 20  deg.C. Excursions from the 
test temperature shall be no greater than 2  deg.C.
    (ii) Dissolved oxygen concentration between 60 and 105 percent 
saturation. Aeration, if needed to achieve this level, shall be done 
before the addition of the test chemical. All treatment and control 
chambers shall be given the same aeration treatment.
    (iii) The number of daphnids placed in a test chamber shall not 
affect test results. Loading shall not exceed 40 daphnids per liter test 
solution in the static system. In the flow-through test, loading limits 
will vary depending on the flow rate of dilution water. Loading shall 
not cause the dissolved oxygen concentration to fall below the 
recommended levels.
    (iv) Photoperiod of 16 hours light and 8 hours darkness.
    (e) Reporting. The sponsor shall submit to the U.S. EPA all data 
developed by the test that are suggestive or predictive of acute 
toxicity and all concomitant gross toxicological manifestations. In 
addition to the reporting requirements prescribed in part 792--Good 
Laboratory Practice Standards of this chapter, the reporting of test 
data shall include the following:
    (1) The name of the test, sponsor, testing laboratory, study 
director, principal investigator, and dates of testing.
    (2) A detailed description of the test chemical including its 
source, lot number, composition (identity and concentration or major 
ingredients and major impurities), known physical and chemical 
properties and any carriers or other additives used and their 
concentrations.
    (3) The source of the dilution water, its chemical characteristics 
(e.g., conductivity, hardness, pH, etc.) and a description of any 
pretreatment.
    (4) Detailed information about the daphnids used as brood stock, 
including the scientific name and method of verification, age, source, 
treatments, feeding history, acclimation procedures, and culture method. 
The age of the daphnids used in the test shall be reported.
    (5) A description of the test chambers, the volume of solution in 
the chambers, the way the test was begun (e.g., conditioning, test 
chemical additions), the number of test organisms per test chamber, the 
number of replicates per treatment, the lighting, the method of test 
chemical introduction or the test substance delivery system and the flow 
rate (in flow-through test) expressed as volume additions per 24 hours.
    (6) The concentration of the test chemical in each test chamber at 
times designated for static and flow-through tests.
    (7) The number and percentage of organisms that were immobilized or 
showed any adverse effects in each test chamber at each observation 
period.
    (8) Utilizing the average measured test chemical concentration, 
concentration-response curves should be fitted to immobilization data at 
24 and 48 hours. A statistical test of goodness-of-fit should be 
performed and the results reported.
    (9) The 24- and 48-hour EC50 values and their respective 
95 percent confidence limits using the mean measured test chemical 
concentration and the methods used to calculate both the EC50 
values and their confidence limits.
    (10) All chemical analyses of water quality and test chemical 
concentrations, including methods, method validations and reagent 
blanks.

[[Page 110]]

    (11) The data records of the culture, acclimation and test 
temperatures.
    (12) Any deviation from this test guideline and anything unusual 
about the test, e.g., diluter failure, temperature fluctuations, etc.

[50 FR 39321, Sept. 27, 1985, as amended at 52 FR 19059, May 20, 1987]



Sec. 797.1330  Daphnid chronic toxicity test.

    (a) Purpose. This guideline is intended for use in developing data 
on the chronic toxicity of chemical substances and mixtures 
(``chemicals'') subject to environmental effects test regulations under 
the Toxic Substances Control Act (TSCA) (Pub. L. 94-469, 90 Stat. 2003, 
15 U.S.C. 2601 et seq.). This guideline prescribes a chronic toxicity 
test in which daphnids are exposed to a chemical in a renewal or a flow-
through system. The United States Environmental Protection Agency will 
use data from this test in assessing the hazard a chemical may present 
to the aquatic environment.
    (b) Definitions. The definitions in section 3 of the Toxic 
Substances Control Act (TSCA), and the definitions in part 792 Good 
Laboratory Practice Standards of this chapter apply to this test 
guideline. In addition, the following definitions apply to this 
guideline:
    (1) Brood stock means the animals which are cultured to produce test 
organisms through reproduction.
    (2) Chronic toxicity test means a method used to determine the 
concentration of a substance in water that produces an adverse effect on 
a test organism over an extended period of time. In this test guideline, 
mortality and reproduction (and optionally, growth) are the criteria of 
toxicity.
    (3) EC50 means that experimentally derived concentration 
of test substance in dilution water that is calculated to affect 50 
percent of a test population during continuous exposure over a specified 
period of time. In this guideline, the effect measured is 
immobilization.
    (4) Ephippium means a resting egg which develops under the carapace 
in response to stress conditions in daphnids.
    (5) Flow-through means a continuous or intermittent passage of test 
solution or dilution water through a test chamber or culture tank with 
no recycling.
    (6) Immobilization means the lack of movement by daphnids except for 
minor activity of the appendages.
    (7) Loading means the ratio of daphnid biomass (grams, wet weight) 
to the volume (liters) of test solution in a test chamber at a point in 
time or passing through the test chamber during a specific interval.
    (8) MATC (Maximum Acceptable Toxicant Concentration) means the 
maximum concentration at which a chemical can be present and not be 
toxic to the test organism.
    (9) Renewal system means the technique in which test organisms are 
periodically transferred to fresh test solution of the same composition.
    (c) Test procedures--(1) Summary of the test. (i) Test chambers are 
filled with appropriate volumes of dilution water. In the flow-through 
test the flow of dilution water through each chamber is then adjusted to 
the rate desired. The test substance is introduced into each test 
chamber. The addition of test substance in the flow-through system is 
done at a rate which is sufficient to establish and maintain the desired 
concentration of test substance in the test chamber.
    (ii) The test is started within 30 minutes after the test substance 
has been added and uniformly distributed in the test chambers in the 
renewal test or after the concentration of test substance in each test 
chamber of the flow-through test system reaches the prescribed level and 
remains stable. At the initiation of the test, daphnids which have been 
cultured or acclimated in accordance with the test design, are randomly 
placed into the test chambers. Daphnids in the test chambers are 
observed periodically during the test, immobile adults and offspring 
produced are counted and removed, and the findings are recorded. 
Dissolved oxygen concentration, pH, temperature, the concentration of 
test substance, and other water quality parameters are measured at 
specified intervals in selected test chambers. Data are collected during 
the test to determine any significant differences (p0.05) in 
immobilization and reproduction as compared to the control.

[[Page 111]]

    (2) [Reserved]
    (3) Range-finding test. (i) A range-finding test should be conducted 
to establish test solution concentrations for the definitive test.
    (ii) The daphnids should be exposed to a series of widely spaced 
concentrations of the test substance (e.g., 1, 10, 100 mg/l), usually 
under static conditions.
    (iii) A minimum of five daphnids should be exposed to each 
concentration of test substance for a period of time which allows 
estimation of appropriate chronic test concentrations. No replicates are 
required and nominal concentrations of the chemical are acceptable.
    (4) Definitive test. (i) The purpose of the definitive test is to 
determine concentration-response curves, EC50 values and 
effects of a chemical on immobilization and reproduction during chronic 
exposure.
    (ii) A minimum of 20 daphnids per concentration shall be exposed to 
five or more concentrations of the chemical chosen in a geometric series 
in which the ratio is between 1.5 and 2.0 (e.g., 2, 4, 8, 16, 32, 64 mg/
l). An equal number of daphnids shall be placed in two or more 
replicates. The concentration ranges shall be selected to determine the 
concentration-response curves, EC50 values and MATC. 
Solutions shall be analyzed for chemical concentration at designated 
times during the test.
    (iii) Every test shall include controls consisting of the same 
dilution water, conditions, procedures and daphnids from the same 
population (culture container), except that none of the chemical is 
added.
    (iv) The test duration is 21 days. The test is unacceptable if:
    (A) More than 20 percent of the control organisms appear to be 
immobilized, stressed or diseased during the test.
    (B) Each control daphnid living the full 21 days produces an average 
of less than 60 young.
    (C) Any ephippia are produced by control animals.
    (v) The number of immobilized daphnids in each chamber shall be 
recorded on day 21 of the test. After offspring are produced, they shall 
be counted and removed from the test chambers every 2 or 3 days. 
Concentration-response curves, EC50 values and associated 95 
percent confidence limits for adult immobilization shall be determined 
for day 21. An MATC shall be determined for the most sensitive test 
criteria measured (number of adult animals immobilized, number of young 
per adult, and number of immobilized young per adult).
    (vi) In addition to immobility, any abnormal behavior or appearance 
shall also be reported.
    (vii) Test organisms shall be impartially distributed among test 
chambers in such a manner that test results show no significant bias 
from the distributions. In addition, test chambers within the testing 
area shall be positioned in a random manner as in a way in which 
appropriate statistical analyses can be used to determine the variation 
due to placement.
    (5) [Reserved]
    (6) Analytical measurements. (i) Test chemical. Deionized water 
should be used in making stock solutions of the test substance. Standard 
analytical methods should be used whenever available in performing the 
analyses. The analytical method used to measure the amount of test 
substance in a sample shall be validated before beginning the test by 
appropriate laboratory practices. An analytical method is not acceptable 
if likely degradation products of the test substance, such as hydrolysis 
and oxidation products, give positive or negative interferences which 
cannot be systematically identified and corrected mathematically.
    (ii) Numerical. The number of immobilized adults, total offspring 
per adult, and immobilized offspring per adult shall be counted during 
each test. Appropriate statistical analyses should provide a goodness-
of-fit determination for the adult immobilization concentration-response 
curves calculated on day 21. A 21-day EC50 based on adult 
immobilization and corresponding 95 percent confidence intervals shall 
also be calculated. Appropriate statistical tests (e.g., analysis of 
variance, mean separation test) should be used to test for significant 
chemical effects on chronic test criteria (cumulative number of 
immobilized adults, cumulative

[[Page 112]]

number of offspring per adult and cumulative number of immobilized 
offspring per adult) on day 21. An MATC shall be calculated using these 
chronic test criteria.
    (d) Test conditions--(1) Test species--(i) Selection. (A) The 
cladocerans, Daphnia magna or D. pulex, are the species to be used in 
this test. Either species can be utilized for testing of a particular 
chemical. The species identity of the test organisms should be verified 
using appropriate systematic keys.
    (B) First instar daphnids, 24 hours old, are to be used 
to start the test.
    (ii) Acquisition. (A) Daphnids to be used in chronic toxicity tests 
should be cultured at the test facility. Records should be kept 
regarding the source of the initial stock and culturing techniques. All 
organisms used for a particular test shall have originated from the same 
culture population.
    (B) Daphnids shall not be used for a test if:
    (1) Cultures contain ephippia.
    (2) Adults in the cultures do not produce young before day 12.
    (3) More than 20 percent of the culture stock die in the 2 days 
preceding the test.
    (4) Adults in the culture do not produce an average of at least 3 
young per adult per day over the 7-day period prior to the test.
    (5) Daphnids have been used in any portion of a previous test either 
in a treatment or in a control.
    (iii) Feeding. (A) During the test the daphnids shall be fed the 
same diet and with the same frequency as that used for culturing and 
acclimation. All treatments and control(s) shall receive, as near as 
reasonably possible, the same ration of food on a per-animal basis.
    (B) The food concentration depends on the type used. Food 
concentrations should be sufficient to support normal growth and 
development and to allow for asexual (parthenogenic) reproduction. For 
automatic feeding devices, a suggested rate is 5 to 7 mg food (either 
solids or algal cells, dry weight) per liter dilution water or test 
solution. For manual once-a-day feeding, a suggested rate is 15 mg food 
(dry weight) per liter dilution water or test solution.
    (iv) Loading. The number of test organisms placed in a test chamber 
shall not affect test results. Loading shall not exceed 40 daphnids per 
liter in the renewal system. In the flow-through test, loading limits 
will vary depending on the flow rate of the dilution water. Loading 
shall not cause the dissolved oxygen concentration to fall below the 
recommended level.
    (v) Care and handling of test organisms. (A) Daphnids should be 
cultured in dilution water under similar environmental conditions to 
those used in the test. A variety of foods have been demonstrated to be 
adequate for daphnid culture. They include algae, yeasts and a variety 
of mixtures.
    (B) Organisms should be handled as little as possible. When handling 
is necessary it should be done as gently, carefully, and quickly as 
possible. During culturing and acclimation, daphnids should be observed 
carefully for ephippia and other signs of stress, physical damage, and 
mortality. Dead and abnormal individuals shall be discarded. Organisms 
that touch dry surfaces or are dropped or injured during handling shall 
be discarded.
    (C) Smooth glass tubes (I.D. greater than 5mm) equipped with a 
rubber bulb can be used for transferring daphnids with minimal culture 
media carry-over.
    (D) Care should be exercised to introduce the daphnids below the 
surface of any solution so as not to trap air under the carapace.
    (vi) Acclimation. (A) Brood daphnids shall be maintained in 100 
percent dilution water at the test temperature for at least 48 hours 
prior to the start of the test. This is easily accomplished by culturing 
them in dilution water at the test temperature. During acclimation, 
daphnids shall be fed the same food as will be used for the definitive 
test.
    (B) During culturing and acclimation to the dilution water, daphnids 
should be maintained in facilities with background colors and light 
intensities similar to those of the testing area.
    (2) Facilities--(i) General. (A) Facilities needed to perform this 
test include:
    (1) Containers for culturing and acclimating daphnids.

[[Page 113]]

    (2) A mechanism for controlling and maintaining the water 
temperature during the culturing, acclimation and test periods.
    (3) Apparatus for straining particulate matter, removing gas 
bubbles, or aerating the water when water supplies contain particulate 
matter, gas bubbles, or insufficient dissolved oxygen, respectively.
    (4) An apparatus for providing a 16-hour light and 8-hour dark 
photoperiod.
    (5) An apparatus to introduce food if continuous or intermittent 
feeding is used.
    (6) In addition, the flow-through test shall contain appropriate 
test chambers in which to expose daphnids to the test substance and an 
appropriate test substance delivery system.
    (B) Facilities should be well ventilated and free of fumes and other 
disturbances that may affect the test organisms.
    (ii) Test chambers. (A) Materials and equipment that contact test 
solutions should be chosen to minimize sorption of test chemicals from 
the dilution water and should not contain substances that can be leached 
into aqueous solution in quantities that can affect test results.
    (B) For renewal tests, daphnids can be conveniently exposed to the 
test solution in 250 ml beakers or other suitable containers.
    (C) For flow-through tests daphnids can be exposed in glass or 
stainless steel containers with stainless steel or nylon screen bottoms. 
Such containers shall be suspended in the test chamber in such a manner 
to ensure that the test solution flows regularly into and out of the 
container and that the daphnids are always submerged in at least 5 
centimeters of test solution. Test chambers can be constructed using 250 
ml beakers or other suitable containers equipped with screened overflow 
holes, standpipes or V-shaped notches.
    (D) Test chambers shall be loosely covered to reduce the loss of 
test solution or dilution water due to evaporation and to minimize the 
entry of dust or other particulates into the solutions.
    (iii) Test substance delivery system. (A) In the flow-through test, 
proportional diluters, metering pump systems or other suitable systems 
should be used to deliver the test substance to the test chambers.
    (B) The test substance delivery system shall be calibrated before 
each test. Calibration includes determining the flow rate through each 
chamber and the concentration of the test substance in each chamber. The 
general operation of the test substance delivery system should be 
checked twice daily during a test. The 24-hour flow rate through a test 
chamber shall be equal to at least five times the volume of the test 
chamber. During a test, the flow rates shall not vary more than 10 
percent from any one test chamber to another. For the renewal test, test 
substance dilution water shall be completely replaced at least once 
every 3 days.
    (iv) Dilution water. (A) Surface or ground water, reconstituted 
water, or dechlorinated tap water are acceptable as dilution water if 
daphnids will survive in it for the duration of the culturing, 
acclimation, and testing periods without showing signs of stress. The 
quality of the dilution water should be constant and should meet the 
following specificiations:

------------------------------------------------------------------------
                 Substance                      Maximum concentration
------------------------------------------------------------------------
Particulate matter.........................  20 mg/l.
Total organic carbon or....................  2 mg/l.
      Chemical oxygen demand...............  5 mg/l.
Un-ionized ammonia.........................  20 g/l.
Residual chlorine..........................  <3 g/l.
Total organophosphorus pesticides..........  50 ng/l.
Total organochlorine pesticides plus         50 ng/l.
 polychlorinated biphenyls (PCBs).
      or organic chlorine..................  25 ng/l.
------------------------------------------------------------------------

    (B) The water quality characteristics listed above shall be measured 
at least twice a year or when it is suspected that these characteristics 
may have changed significantly. If dechlorinated tap water is used, 
daily chlorine analysis shall be performed.
    (C) If the diluent water is from a ground or surface water source, 
conductivity and total organic carbon (TOC) or chemical oxygen demand

[[Page 114]]

(COD) shall be measured. Reconstituted water can be made by adding 
specific amounts of reagent-grade chemicals to deionized or distilled 
water. Glass distilled or carbon filtered deionized water with a 
conductivity of less than 1 microohm/cm is acceptable as the diluent for 
making reconstituted water.
    (D) If the test substance is not soluble in water an appropriate 
carrier should be used.
    (v) Cleaning of test system. All test equipment and test chambers 
shall be cleaned before each use following standard laboratory 
procedures. Cleaning of test chambers may be necessary during the 
testing period.
    (3) Test parameters. (i) Environmental conditions of the water 
contained in test chambers should be maintained as specified in this 
paragraph:
    (A) The test temperature shall be 20  deg.C. Excursions from the 
test temperature shall be no greater than 2  deg.C.
    (B) Dissolved oxygen concentration between 60 and 105 percent 
saturation. Aeration, if needed to achieve this level, shall be done 
before the addition of the test substance. All treatment and control 
chambers shall be given the same aeration treatment.
    (C) Photoperiod of 16-hours light and 8-hours darkness.
    (ii) Additional measurements include:
    (A) The concentration of the test substance in the chambers shall be 
measured during the test.
    (B) At a minimum, the concentration of test substance should be 
measured as follows:
    (1) In each chamber before the test.
    (2) In each chamber on days 7, 14, and 21 of the test.
    (3) In at least one appropriate chamber whenever a malfunction is 
detected in any part of the test substance delivery system. Equal 
aliquots of test solution may be removed from each replicate chamber and 
pooled for analysis. Among replicate test chambers of a treatment 
concentration, the measured concentration of the test substance should 
not vary more than 20 percent.
    (4) An apparatus for providing a 16-hour light and 8-hour dark 
photoperiod.
    (C) The dissolved oxygen concentration, temperature and pH shall be 
measured at the beginning of the test and on days 7, 14, and 21 in at 
least two chambers of the high, middle, low, and control test 
concentrations.
    (e) Reporting. The sponsor shall submit to the U.S. Environmental 
Protection Agency all data developed by the test that are suggestive or 
predictive of chronic toxicity and all associated toxicologic 
manifestations. In addition to the reporting requirements prescribed in 
the part 792--Good Laboratory Practice Standards of this chapter the 
reporting of test data shall include the following:
    (1) The name of the test, sponsor, testing laboratory, study 
director, principal investigator, and dates of testing.
    (2) A detailed description of the test substance including its 
source, lot number, composition (identity and concentration of major 
ingredients and major impurities), known physical and chemical 
properties, and any carriers or other additives used and their 
concentrations.
    (3) The source of the dilution water, its chemical characteristics 
(e.g., conductivity, hardness, pH), and a description of any 
pretreatment.
    (4) Detailed information about the daphnids used as brood stock, 
including the scientific name and method of verification, age, source, 
treatments, feeding history, acclimation procedures, and culture 
methods. The age of the daphnids used in the test shall be reported.
    (5) A description of the test chambers, the volume of solution in 
the chambers, the way the test was begun (e.g., conditioning, test 
substance additions), the number of test organisms per test chamber, the 
number of replicates per treatment, the lighting, the renewal process 
and schedule for the renewal chronic test, the test substance delivery 
system and flow rate expressed as volume additions per 24 hours for the 
flow-through chronic test, and the method of feeding (manual or 
continuous) and type of food.
    (6) The concentration of the test substance in test chambers at 
times designated for renewal and flow-through tests.

[[Page 115]]

    (7) The number and percentage of organisms that show any adverse 
effect in each test chamber at each observation period.
    (8) The cumulative adult and offspring immobilization values and the 
progeny produced at designated observation times, the time (days) to 
first brood and the number of offspring per adult in the control 
replicates and in each treatment replicate.
    (9) All chemical analyses of water quality and test substance 
concentrations, including methods, method validations and reagent 
blanks.
    (10) The data records of the culture, acclimation, and test 
temperatures.
    (11) Any deviation from this test guideline, and anything unusual 
about the test, (e.g., dilution failure, temperature fluctuations).
    (12) The MATC to be reported is calculated as the geometric mean 
between the lowest measured test substance concentration that had a 
significant (p0.05) effect and the highest measured test 
substance concentration that had no significant (p0.05) 
effect on day 21 of the test. The most sensitive of the test criteria 
(number of adult animals immobilized, the number of young per female and 
the number of immobilized young per female) is used to calculate the 
MATC. The criterion selected for MATC computation is the one which 
exhibits an effect (a statistically significant difference between 
treatment and control groups; p0.05) at the lowest test 
substance concentration for the shortest period of exposure. Appropriate 
statistical tests (analysis of variance, mean separation test) shall be 
used to test for significant test substance effects. The statistical 
tests employed and the results of these tests shall be reported.
    (13) Concentration-response curves utilizing the average measured 
test substance concentration shall be fitted to cumulative adult 
immobilization data at 21 days. A statistical test of goodness-of-fit 
shall be performed and the results reported.
    (14) An EC50 value based on adult immobilization with 
corresponding 95 percent confidence limits when sufficient data are 
present for day 21. These calculations shall be made using the average 
measured concentration of the test substance.

[50 FR 39321, Sept. 27, 1985, as amended at 52 FR 19060, May 20, 1987]



Sec. 797.1400  Fish acute toxicity test.

    (a) Purpose. This guideline may be used to develop data on the acute 
toxicity of chemical substances and mixtures (``chemicals'') subject to 
environmental effects test regulations under the Toxic Substances 
Control Act (TSCA) (Pub. L. 94-469, 90 Stat. 2003, 15 U.S.C. 2601 et 
seq.). This guideline prescribes tests to be used to develop data on the 
acute toxicity of chemicals to fish. The United States Environmental 
Protection Agency (EPA) will use data from these tests in assessing the 
hazard of a chemical to the environment.
    (b) Definitions. The definitions in section 3 of the Toxic 
Substances Control Act (TSCA), and the definitions in part 792--Good 
Laboratory Practice Standards of this chapter apply to this test 
guideline. The following definitions also apply to this guideline:
    (1) Acclimation means the physiological compensation by test 
organisms to new environmental conditions (e.g., temperature, hardness, 
pH).
    (2) Acute toxicity test means a method used to determine the 
concentration of a substance that produces a toxic effect on a specified 
percentage of test organisms in a short period of time (e.g., 96 hours). 
In this guideline, death is used as the measure of toxicity.
    (3) Carrier means a solvent used to dissolve a test substance prior 
to delivery to the test chamber.
    (4) Conditioning means the exposure of construction materials, test 
chambers, and testing apparatus to dilution water or to test solutions 
prior to the start of a test in order to minimize the sorption of the 
test substance onto the test facilities or the leaching of substances 
from the test facilities into the dilution water or test solution.
    (5) Death means the lack of opercular movement by a test fish.
    (6) Flow-through means a continuous or an intermittent passage of 
test solution or dilution water through a test chamber, or a holding or 
acclimation tank with no recycling.
    (7) Incipient LC50 means that test substance 
concentration, calculated from

[[Page 116]]

experimentally-derived mortality data, that is lethal to 50 percent of a 
test population when exposure to the test substance is continued until 
the mean increase in mortality does not exceed 10 percent in any 
concentration over a 24-hour period.
    (8) LC50 means that test substance concentration, 
calculated from experimentally-derived mortality data, that is lethal to 
50 percent of a test population during continuous exposure over a 
specified period of time.
    (9) Loading means the ratio of fish biomass (grams, wet weight) to 
the volume (liters) of test solution in a test chamber or passing 
through it in a 24-hour period.
    (10) Static means the test solution is not renewed during the period 
of the test.
    (11) Test solution means the test substance and the dilution water 
in which the test substance is dissolved or suspended.
    (c) Test procedures--(1) Summary of the test. (i) Test chambers are 
filled with appropriate volumes of dilution water. If a flow-through 
test is performed, the flow of dilution water through each chamber is 
adjusted to the rate desired.
    (ii) The test substance is introduced into each test chamber. In a 
flow-through test, the amount of test substance which is added to the 
dilution water is adjusted to establish and maintain the desired 
concentration of test substance in each test chamber.
    (iii) Test fish which have been acclimated in accordance with the 
test design are introduced into the test and control chambers by 
stratified random assignment.
    (iv) Fish in the test and control chambers are observed periodically 
during the test; dead fish are removed at least twice each day and the 
findings are recorded.
    (v) The dissolved oxygen concentration, pH, temperature and the 
concentration of test substance are measured at intervals in selected 
test chambers.
    (vi) Concentration-response curves and LC50 values for 
the test substance are developed from the mortality data collected 
during the test.
    (2) [Reserved]
    (3) Range finding test. If the toxicity of the test substance is not 
already known, a range finding test should be performed to determine the 
range of concentrations to be used in the definitive test. The highest 
concentration of test substance for use in the range finding test should 
not exceed its solubility in water or the permissible amount of the 
carrier used.
    (4) Definitive test. (i) A minimum of 20 fish should be exposed to 
each of five or more test substance concentrations. The range of 
concentrations to which the fish are exposed should be such that in 96 
hours there are at least two partial mortality exposures bracketing 50 
percent survival.
    (ii) For exposure to each concentration of a test substance, an 
equal number of test fish shall be placed in two or more replicate test 
chambers. Test fish shall be impartially distributed among test chambers 
in such a manner that test results show no significant bias from the 
distributions.
    (iii) Every test shall include a control consisting of the same 
dilution water, conditions, procedures, and fish from the same group 
used in the test, except that none of the test substance is added.
    (iv) Mortality data collected during the test are used to calculate 
a 96-hour LC50. The 24-, 48-, and 72-hour values should be 
calculated whenever there is sufficient mortality data to determine such 
values. If the 96-hour LC50 is less than 50 percent of the 
estimated 48-hour LC50 in a flow-through test, the test shall 
be continued until the mean increase in mortality at any test 
concentration does not exceed 10 percent over a 24-hour period or until 
14 days.
    (v) Test fish shall not be fed while they are being exposed to the 
test substance under static conditions or during the first 96 hours of 
flow-through testing. If the test continues past 96 hours, the fish 
should be fed a suitable food at a maintenance level every other day 
beginning on test day 5. Any excess food and the fecal material should 
be removed when observed.
    (5) Test results. (i) Death is the primary criterion used in this 
test guideline to evaluate the toxicity of the test substance.

[[Page 117]]

    (ii) In addition to death, any abnormal behavior such as, but not 
limited to, erratic swimming, loss of reflex, increased excitability, 
lethargy, or any changes in appearance or physiology such as 
discoloration, excessive mucous production, hyperventilation, opaque 
eyes, curved spine, or hemorrhaging shall be recorded.
    (iii) Observations on compound solubility shall be recorded. The 
investigator shall report the appearance of surface slicks, 
precipitates, or material adhering to the sides of the test chamber.
    (iv) Each test and control chamber shall be checked for dead fish 
and observations recorded at 24, 48, 72, and 96 hours after the 
beginning of the test or within one hour of the designated times. If the 
test is continued past 96 hours, additional observations shall be made 
every 24 hours until termination.
    (v) The mortality data is used to calculate LC50's and 
their 95 percent confidence limits, and to plot concentration-response 
curves for each time interval whenever sufficient data exists. The 
methods recommended for use in calculating LC50's include 
probit, logit, binomial, and moving average angle.
    (vi) A test is unacceptable if more than 10 percent of the control 
fish die or exhibit abnormal behavior during a 96-hour test. If a flow-
through test is continued past 96 hours, the maximum allowable 
additional mortality is 10 percent.
    (6) Analytical measurements--(i) Water quality analysis. (A) The 
hardness, acidity, alkalinity, pH, conductivity, TOC or COD, and 
particulate matter of the dilution water should be measured at the 
beginning of each static test and at the beginning and end of each flow-
through test. The month to month variation of the above values should be 
less than 10 percent and the pH should vary less than 0.4 units.
    (B) During static tests, the dissolved oxygen concentration, 
temperature, and pH shall be measured in each test chamber at the 
beginning and end of the test. The test solution volume shall not be 
reduced by more than 10 percent as a result of these measurements.
    (C) During flow-through tests, dissolved oxygen, temperature and pH 
measurements shall be made in each chamber at the beginning and end of 
the test.
    (ii) Collection of samples for measurement of test substance. Test 
solution samples to be analyzed for the test substance should be taken 
midway between the top, bottom, and sides of the test chamber. These 
samples should not include any surface scum or material dislodged from 
the bottom or sides. Samples should be analyzed immediately or handled 
and stored in a manner which minimizes loss of test substance through 
microbial degradation, photodegradation, chemical reaction, 
volatilization, or sorption.
    (iii) Measurement of test substance. (A) For static tests, the 
concentration of the test substance shall be measured at a minimum in 
each test chamber at each test concentration at the beginning (0-hour, 
before fish are added) and at the end of the test. During flow-through 
tests, the concentration of test substance shall be measured as follows:
    (1) In at least the chamber of each test concentration at 0-hour.
    (2) In at least the chamber of each test concentration at 96-hours 
and every 4 days thereafter, as long as the test is continued.
    (3) In at least one appropriate chamber whenever a malfunction is 
detected in any part of the test substance delivery system.
    (4) Equal aliquots of test solution may be removed from each 
replicate chamber and pooled for analysis.
    (B) Filters and their holders used for determining the dissolved 
test substance concentrations should be prewashed with several volumes 
of distilled water and undergo a final rinse with test solution. Glass 
or stainless steel filter holders are best for organic test substances, 
while plastic holders are best for metals. The sample should be filtered 
within 30 minutes after it is taken from the test chamber.
    (C) The analytical methods used to measure the amount of test 
substance in a sample shall be validated before beginning the test. The 
accuracy of a method should be verified by a method such as using known 
additions. This involves adding a known amount of the test substance to 
three water samples

[[Page 118]]

taken from a chamber containing dilution water and the same number and 
species of fish as are used in the test. The nominal concentration of 
the test substance in those samples should span the concentration range 
to be used in the test.
    (D) An analytical method is not acceptable if likely degradation 
products of the test substance give positive or negative interferences, 
unless it is shown that such degradation products are not present in the 
test chambers during the test.
    (E) In addition to analyzing samples of test solution, at least one 
reagent blank, containing all reagents used, should also be analyzed.
    (F) If the measured concentrations of dissolved test substance are 
considerably lower (e.g., <50 percent) than the nominal concentrations, 
the total test substance concentration should be measured in the highest 
test concentration.
    (G) Among replicate test chambers, the measured concentrations shall 
not vary more than 20 percent. The measured concentration of the test 
substance in any chamber during the test should not vary more than 30 
percent from the measured concentration at time 0.
    (H) The mean measured concentration of test substance shall be used 
to calculate all LC60's and to plot all concentration-
response curves.
    (d) Test conditions--(1) Test species--(i) Selection. The test 
species for this test are the rainbow trout (Salmo gairdneri), bluegill 
(Lepomis macrochirus) and fathead minnow (Pimephales promelas). The 
particular species of fish to be used will be prescribed in the test 
rule.
    (ii) Age and condition of fish. (A) Juvenile fish shall be used. 
Fish used in a particular test shall be the same age and be of normal 
size and appearance for their age. The longest fish shall not be more 
than twice the length of the shortest.
    (B) All newly acquired fish should be quarantined and observed for 
at least 14 days prior to use in a test.
    (C) Fish shall not be used for a test if they appear stressed or if 
more than five percent die during the 48 hours immediately prior to the 
test.
    (iii) Acclimation of test fish. (A) If the holding water is not from 
the same source as the test dilution water, acclimation to the dilution 
water should be done gradually over a 48-hour period. The fish should 
then be held an additional 14 days in the dilution water prior to 
testing. Any changes in water temperature should not exceed 3  deg.C per 
day. Fish should be held for a minimum of 7 days at the test temperature 
prior to testing.
    (B) During the final 48-hours of acclimation, fish should be 
maintained in facilities with background colors and light intensities 
similar to those of the testing area and should not be fed.
    (2) Facilities--(i) General. Facilities needed to perform this test 
include:
    (A) Flow-through tanks for holding and acclimating fish.
    (B) A mechanism for controlling and maintaining the water 
temperature during the holding, acclimation and test periods.
    (C) Apparatus for straining particulate matter, removing gas 
bubbles, or insufficient dissolved oxygen, respectively.
    (D) Apparatus for providing a 16-hour light and 8-hour dark 
photoperiod with a 15- to 30-minute transition period.
    (E) Chambers for exposing test fish to the test substance.
    (F) A test substance delivery system for flow-through tests.
    (ii) Construction materials. Construction materials and commercially 
purchased equipment that may contact the stock solution, test solution, 
or dilution water should not contain substances that can be leached or 
dissolved into aqueous solutions in quantities that can alter the test 
results. Materials and equipment that contact stock or test solutions 
should be chosen to minimize sorption of test chemicals. Glass, 
stainless steel, and perfluorocarbon plastic should be used whenever 
possible. Concrete, fiberglass, or plastic (e.g., PVC) may be used for 
holding tanks, acclimation tanks, and water supply systems, but they 
should be used to remove rust particles. Rubber, copper, brass, 
galvanized metal, epoxy glues, and lead should not come in contact with 
the dilution water, stock solution, or test solution.

[[Page 119]]

    (iii) Test substance delivery system. In flow-through tests, 
diluters, metering pump systems, or other suitable devices should be 
used to deliver the test substance to the test chambers. The system used 
should be calibrated before each test. Calibration includes determining 
the flow rate through each chamber and the concentration of the test 
substance delivered to each chamber. The general operation of the test 
substance delivery system should be checked twice daily during a test. 
The 24-hour flow rate through a test chamber should be a minimum of 6 
tank volumes. During a test, the flow rates should not vary more than 10 
percent from one test chamber to another.
    (iv) Test chambers. Test chambers made of stainless steel should be 
welded, not soldered. Test chambers made of glass should be fused or 
bonded using clear silicone adhesive. As little adhesive as possible 
should be left exposed in the interior of the chamber.
    (v) Cleaning of test system. Test substance delivery systems and 
test chambers should be cleaned before each test. They should be washed 
with detergent and then rinsed in sequence with clean water, pesticide-
free acetone, clean water, and 5 percent nitric acid, followed by two or 
more changes of dilution water.
    (vi) Dilution water. (A) Clean surface or ground water reconstituted 
water, or dechlorinated tap water is acceptable as dilution water if the 
test fish will survive in it for the duration of the holding, 
acclimating, and testing periods without showing signs of stress, such 
as discoloration, hemorrhaging, disorientation or other unusual 
behavior. The quality of the dilution water should be constant and 
should meet the following specifications measured at least twice a year:

------------------------------------------------------------------------
                 Substance                             Maximum
------------------------------------------------------------------------
Particulate matter........................  20 mg/liter.
Total organic carbon or...................  2 mg/liter.
      chemical oxygen demand..............  5 mg/liter.
Un-ionized ammonia........................  1 g/liter.
Residual chlorine.........................  1 g/liter.
Total organochloring pesticides...........  50 g/liter.
Total organocholorine pesticides plus       50 g/liter.
 polychlorinated biphenyls (PCBs).
      or organic chlorine.................  25 g/liter.
------------------------------------------------------------------------

    (B) The concentration of dissolved oxygen in the dilution water 
should be between 90 and 100 percent saturation; 9.8 to 10.9 mg/l for 
tests with trout, and 8.0 to 8.9 mg/l for tests with bluegill or fathead 
minnow at sea level. If necessary, the dilution water can be aerated 
before the addition of the test substance. All reconstituted water 
should be aerated before use. Buffered soft water should be aerated 
before but not after the addition of buffers.
    (C) If disease organisms are present in the dilution water in 
sufficient numbers to cause infection, they should be killed or removed 
by suitable equipment.
    (D) Glass distilled or carbon filtered deionized water with a 
conductivity less than 1 micromho/cm is acceptable for use in making 
reconstituted water. If the reconstituted water is prepared from a 
ground or surface water source, conductivity, and total organic carbon 
(TOC) or chemical oxygen demand (COD) should be measured on each batch.
    (vii) Carriers. (A) Distilled water should be used in making stock 
solutions of the test substance. If the stock volume however is more 
than 10 percent of the test solution volume, dilution water should be 
used. If a carrier is absolutely necessary to dissolve the test 
substance, the volume used should not exceed the minimum volume 
necessary to dissolve or suspend the test substance in the test 
solution. If the test substance is a mixture, formulation, or commercial 
product, none of the ingredients is considered a carrier unless an extra 
amount is used to prepare the stock solution.
    (B) Triethylene glycol and dimethyl formamide are the prefered 
carriers, but acetone may also be used. The concentration of triethylene 
glycol in the test solution should not exceed 80 mg/1. The concentration 
of dimethyl formamide or acetone in the test solution should not exceed 
5.0 mg/1.
    (3) Test parameters--(i) Loading. The number of fish placed in a 
test chamber should not be so great as to affect the results of the 
test. The loading should not be so great that the test substance 
concentrations are decreased by more than 20 percent due to uptake by 
the fish. In static tests, loading should not exceed 0.5 grams of fish 
per liter of solution in the test chamber at any one

[[Page 120]]

time. In flow-through tests loading should not exceed 0.5 grams of fish 
per liter of test solution passing through the chamber in 24 hours. 
These loading rates should be sufficient to maintain the dissolved 
oxygen concentration above the recommended levels and the ammonia 
concentration below 20 g/l.
    (ii) Dissolved oxygen concentration. (A) During static tests with 
rainbow trout the dissolved oxygen in each test chamber shall be greater 
than 5.5 mg/1. In tests with bluegill and fathead minnows, the DO shall 
be maintained above 4.5 mg/1.
    (B) During flow-through tests the dissolved oxygen concentration 
shall be maintained above 8.2 mg/1 in tests with trout and above 6.6 mg/
l in tests with bluegills or fathead minnows.
    (iii) Temperature. The test temperature shall be 22  deg.C for 
bluegill and fathead minnow and 12  deg.C for rainbow trout. Excursions 
from the test temperature shall be no greater than 2  deg.C. 
The temperature shall be measured at least hourly in one test chamber.
    (iv) Light. A 16-hour light and 8-hour dark photoperiod should be 
maintained.
    (e) Reporting. The sponsor shall submit to the EPA all data 
developed by the test that are suggestive or predictive of toxicity. In 
addition to the reporting requirements prescribed in part 792--Good 
Laboratory Practice Standards of this chapter, the reported test data 
shall include the following:
    (1) The source of the dilution water, a description of any 
pretreatment, and the measured hardness, acidity, alkalinity, pH, 
conductivity, TOC or COD and particulate matter.
    (2) A description of the test chambers, the depth and volume of 
solution in the chamber, the specific way the test was begun (e.g., 
conditioning, test substance additions), and for flow-through tests, a 
description of the test substance delivery system.
    (3) Detailed information about the test fish, including the 
scientific name and method of verification, average weight (grams, wet 
weight), standard length, age, source, history, observed diseases, 
treatments, and mortalities, acclimation procedures, and food used.
    (4) The number of replicates used, the number of organisms per 
replicate, the loading rate, and the flow rate for flow-through tests.
    (5) The measured DO, pH and temperature and the lighting regime.
    (6) The solvent used, the test substance concentration in the stock 
solution, the highest solvent concentration in the test solution and a 
description of the solubility determinations in water and solvents if 
used.
    (7) The concentrations of the test substance at each test 
concentration just before the start of the test and at all subsequent 
sampling periods.
    (8) The number of dead and live tests organisms, the percentage of 
organisms that died, and the number that showed any abnormal effects in 
the control and in each test chamber at each observation period.
    (9) The 96-hour LC50, and when sufficient data have been 
generated, the 24-, 48-, 72-, and incipient LC50 values, 
their 95 percent confidence limits, and the methods used to calculate 
the LC50 values and their confidence limits.
    (10) When observed, the observed no effect concentration (the 
highest concentration tested at which there were no mortalities or 
abnormal behavioral or physiological effects).
    (11) The concentration-response curve at each observation period for 
which a LC50 was calculated.
    (12) Methods and data records of all chemical analyses of water 
quality parameters and test substance concentrations, including method 
validations and reagent blanks.

[50 FR 39321, Sept. 27, 1985, as amended at 52 FR 19062, May 20, 1987; 
54 FR 29715, July 14, 1989; 54 FR 33148, Aug. 11, 1989]



Sec. 797.1600  Fish early life stage toxicity test.

    (a) Purpose. This guideline is intended to be used for assessing the 
propensity of chemical substances to produce adverse effects to fish 
during the early stages of their growth and development. This guideline 
describes the conditions and procedures for the continuous exposure of 
several representative species to a chemical substance during egg, fry 
and early juvenile life stages. The Environmental Protection Agency 
(EPA) will use data from this test in assessing the potential hazard

[[Page 121]]

of the test substance to the aquatic environment.
    (b) Definitions. The definitions in section 3 of the Toxic 
Substances Control Act (TSCA) and the definitions in part 792--Good 
Laboratory Practice Standards, apply to this section. In addition, the 
following definitions are applicable to this specific test guideline:
    (1) ``Acclimation'' physiological or behavioral adaptation of 
organisms to one or more environmental conditions associated with the 
test method (e.g., temperature, hardness, pH).
    (2) ``Carrier'' solvent or other agent used to dissolve or improve 
the solubility of the test substance in dilution water.
    (3) ``Conditioning'' exposure of construction materials, test 
chambers, and testing apparatus to dilution water or to the test 
solution prior to the start of the test in order to minimize the 
sorption of test substance onto the test facilities or the leachig of 
substances from test facilities into the dilution water or the test 
solution.
    (4) ``Control'' an exposure of test organisms to dilution water only 
or dilution water containing the test solvent or carrier (no toxic agent 
is intentionally or inadvertently added).
    (5) ``Dilution water'' the water used to produce the flow-through 
conditions of the test to which the test substance is added and to which 
the test species is exposed.
    (6) ``Early life stage toxicity test'' a test to determine the 
minimum concentration of a substance which produces a statistically 
significant observable effect on hatching, survival, development and/or 
growth of a fish species continuously exposed during the period of their 
early development.
    (7) ``Embryo cup'' a small glass jar or similar container with a 
screened bottom in which the embryos of some species (i.e., minnow) are 
placed during the incubation period and which is normally oscillated to 
ensure a flow of water through the cup.
    (8) ``Flow through'' refers to the continuous or very frequent 
passage of fresh test solution through a test chamber with no recycling.
    (9) ``Hardness'' the total concentration of the calcium and 
magnesium ions in water expressed as calcium carbonate (mg 
CaCO3/liter).
    (10) ``Loading'' the ratio of biomass (grams of fish, wet weight) to 
the volume (liters) of test solution passing through the test chamber 
during a specific interval (normally a 24-hr. period).
    (11) ``No observed effect concentration (NOEC)'' the highest tested 
concentration in an acceptable early life stage test: (i) which did not 
cause the occurrence of any specified adverse effect (statistically 
different from the control at the 95 percent level); and (ii) below 
which no tested concentration caused such an occurrence.
    (12) ``Observed effect concentration (OEC)'' the lowest tested 
concentration in an acceptable early life stage test: (i) Which caused 
the occurrence of any specified adverse effect (statistically different 
from the control at the 95 percent level); and (ii) above which all 
tested concentrations caused such an occurrence.
    (13) ``Replicate'' two or more duplicate tests, samples, organisms, 
concentrations, or exposure chambers.
    (14) ``Stock solution'' the source of the test solution prepared by 
dissolving the test substance in dilution water or a carrier which is 
then added to dilution water at a specified, selected concentration by 
means of the test substance delivery system.
    (15) ``Test chamber'' the individual containers in which test 
organisms are maintained during exposure to test solution.
    (16) ``Test solution'' dilution water with a test substance 
dissolved or suspended in it.
    (17) ``Test substance'' the specific form of a chemical substance or 
mixture that is used to develop data.
    (c) Test Procedures--(1) Summary of test. (i) The early life stage 
toxicity test with fish involves exposure of newly fertilized embryos to 
various concentrations of a test substance. Exposure continues for 28 
days post hatch for the minnows and 60 days post hatch for the trout 
species. During this time various observations and measurements are made 
in a specific manner and schedule in order to determine the lowest 
effect and highest no-effect concentrations of the test substance.

[[Page 122]]

    (ii) A minimum of five exposure (treatment) concentrations of a test 
substance and one control are required to conduct an early life stage 
toxicity test. The concentration of the test substance in each treatment 
is usually 50 percent of that in the next higher treatment level.
    (iii) For each exposure concentration of the test substance and for 
each control (i.e., regular control and carrier control is required) 
there shall be:
    (A) At least two replicate test chambers, each containing one or 
more embryo incubation trays or cups; and there shall be no water 
connections between the replicate test chambers;
    (B) At least 60 embryos divided equally in such a manner that test 
results show no significant bias from the distributions, between the 
embryo incubation trays or cups for each test concentration and control 
(i.e., 30 per embryo cup with 2 replicates);
    (C) All surviving larvae divided equally between the test chambers 
for each test concentration and control (e.g., 30 larvae per test 
chamber with 2 replicates).
    (iv) Duration. (A) For fathead minnow and sheepshead minnow a test 
begins when the newly fertilized minnow embryos (less than 48-hours old) 
are placed in the embryo cups and are exposed to the test solution 
concentrations. The test terminates following 28 days of post-hatch 
exposure, i.e., 28 days after the newly hatched fry are transferred from 
the embryo cups into the test chambers.
    (B) For brook trout and rainbow trout a test begins when newly 
fertilized trout embryos (less than 96-hours old) are placed in the 
embryo trays or cups and are exposed to the test solution 
concentrations. The test terminates following 60 days of post-hatch 
exposure (for an approximate total exposure period of 90 days).
    (C) For silverside a test begins with newly fertilized embryos (less 
than or equal to 48 hours old) and is terminated 28 days after hatching. 
The chorionic fibrils should be cut before randomly placing the embryos 
in the egg incubation cups.
    (2) [Reserved]
    (3) Range-finding test. (i) A range finding test is normally 
performed with the test substance to determine the test concentrations 
to be used in the early life stage toxicity test, especially when the 
toxicity is unknown. It is recommended that the test substance 
concentrations be selected based on information gained from a 4- to 10-
day flow-through toxicity test with juveniles of the selected test 
species.
    (ii) The highest concentration selected for the early life stage 
toxicity test should approximate the lowest concentration indicated in 
any previous testing to cause a significant reduction in survival. The 
range of concentrations selected is expected to include both observed 
effect and no-observed effect levels. The dilution factor between 
concentrations is normally 0.50, however, other dilution factors may be 
used as necessary.
    (4) Definitive test--(i) General. (A) A test shall not be initiated 
until after the test conditions have been met and the test substance 
delivery system has been observed functioning properly for 48-hours. 
This includes temperature stability, flow requirements of dilution 
water, lighting requirements, and the function of strainers and air 
traps included in the water-supply system, and other conditions as 
specified previously.
    (B) New holding and test facilities should be tested with sensitive 
organisms (i.e., juvenile test species or daphnids) before use to assure 
that the facilities or substances possibly leaching from the equipment 
will not adversely affect the test organisms during an actual test.
    (C) Embryos should be acclimated for as long as practical to the 
test temperature and dilution water prior to the initiation of the test.
    (D) When embryos are received from an outside culture source (i.e., 
rainbow and brook trout) at a temperature at variance with the 
recommended test temperature they shall be acclimated to the test 
temperature. When eggs are received, they should be immediately unpacked 
and the temperature of the surrounding water determined. Sudden 
temperature changes should be avoided. Acclimation to the appropriate 
test temperature should be accomplished within a period of 6 hours, and 
should incorporate the use of dilution water.

[[Page 123]]

    (E) Embryos should be visually inspected prior to placement in the 
embryo cups or screen trays. All dead embryos shall be discarded. Dead 
embryos can be discerned by a change in coloration from that of living 
embryos (e.g., trout embryos turn white when dead). During visual 
inspection, empty shells, opaque embryos, and embryos with fungus or 
partial shells attached shall be removed and discarded. If less than 50 
percent of the eggs to be used appear to be healthy, all embryos in such 
a lot shall be discarded.
    (ii) Embryo incubation procedures. (A) Embryos can be distributed to 
the embryo cups or screen trays using a pipette with a large bore or a 
similar apparatus. Newly-hatched silverside fry are very sensitive to 
handling; the egg incubation cups should not be handled at all the first 
5 days after hatching begins. Just before hatching is expected to begin, 
the embryos should be transferred to clean incubation cups. Trout 
embryos can be distributed by using a small container which has been 
precalibrated to determine the approximate number of embryos it can 
hold; embryos are measured volumetrically in this manner, and are then 
poured onto the screen tray (or embryo cup). Trout embryos should be 
separated on the screen tray so that they are not in contact with each 
other. A final count will ensure the actual number on the screen tray. 
After random assignment, the screen trays or embryo cups are placed in 
the test chambers.
    (B) Each day until hatch the embryos are visually examined. Minnow 
embryos may be examined with the aid of a magnifying viewer. Trout 
embryos should not be touched. Trout embryos should be maintained in low 
intensity light or in darkness until 1-week post hatch, and are usually 
examined with the aid of a flashlight or under low intensity light. Dead 
embryos should be removed and discarded. Any embryos which are heavily 
infected with fungus shall be discarded and shall be subtracted from the 
initial number of embryos used as a basis for the calculations of 
percentage hatch.
    (C) When embryos begin to hatch they should not be handled.
    (iii) Initiation of fry exposure. (A) Forty-eight hours after the 
first hatch in each treatment level, or when hatching is completed, the 
live young fish shall be counted and transferred from each embryo cup 
into the appropriate test chamber. For silverside, all surviving fry are 
not counted until six days after hatching and are not transferred to 
embryo cups. All of the normal and abnormal fry shall be gently released 
into the test chamber by allowing the fry to swim out of each embryo 
cup; nets shall not be used. The trout embryos incubated on screen trays 
will hatch out in the test chambers, therefore handling of fish is not 
necessary.
    (B) If necessary, fry can be transferred from one replicate embryo 
cup to the other replicate within a test concentration to achieve equal 
numbers in each replicate chamber.
    (C) The number of live fry, live normal fry, live embryos, dead 
embryos and unaccounted for embryos for each cup shall be recorded when 
hatching is deemed complete. Those fry which are visibly (without the 
use of a dissecting scope or magnifying viewer) lethargic or grossly 
abnormal (either in swimming behavior or physical appearance) shall be 
counted. Late hatching embryos shall be left in the embryo cups to 
determine if they will eventually hatch or not. The range of time-to-
hatch (to the nearest day) for each cup shall be recorded.
    (iv) Time to first feeding. (A) The first feeding for the fathead 
and sheepshead minnow fry shall begin shortly after transfer of the fry 
from the embryo cups to the test chambers. Silversides are fed the first 
day after hatch. Trout species initiate feeding at swim-up. The trout 
fry shall be fed trout starter mash three times a day ad libitum, with 
excess food siphoned off daily. The minnow fry shall be fed live newly-
hatched brine shrimp nauplii (Artemia salina) at least three times a 
day.
    (B) For the first seven days, feeding shall be done at minimum 
intervals of four hours (i.e., 8 am, 12 noon, and 4 pm); thereafter the 
fry shall be fed as indicated below.
    (v) Feeding. (A) The fathead and sheepshead minnow fry shall be fed 
newly hatched brine shrimp nauplii for the duration of the test at 
approximately 4-hour intervals three times a

[[Page 124]]

day during the week and twice on the weekend after the first week. Trout 
fry shall be fed at similar intervals and may receive live brine shrimp 
nauplii in addition to the trout starter food after the first week. 
Between days 1 and 8 after first hatching, silverside fry are fed the 
rotifer, Brachionus plicatilis, three times daily at a concentration of 
5,000 to 10,000 organisms per egg cup (based on 15 fish/cup). From days 
9 to 11, the fry shall be fed approximately 2,500 newly hatched brine 
shrimp (Artemia) nauplii and 5,000 to 10,000 rotifers twice daily. For 
the remainder of the test, the fish will be fed brine shrimp 
exclusively. The number of organisms used should be gradually increased 
to approximately 5,000 nauplii by test day 28.
    (B) An identical amount of food should be provided to each chamber. 
Fish should be fed ad libitum for 30 minutes with excess food siphoned 
off the bottom once daily if necessary.
    (C) Fish should not be fed for the last 24 hours prior to 
termination of the test.
    (vi) Carriers. Water should be used in making up the test stock 
solutions. If carriers other than water are absolutely necessary, the 
amount used should be the minimum necessary to achieve solution of the 
test substance. Triethylene glycol and dimethyl formamide are preferred, 
but ethanol and acetone can be used if necessary. Carrier concentrations 
selected should be kept constant at all treatment levels.
    (vii) Controls. Every test requires a control that consists of the 
same dilution water, conditions, procedures, and test organisms from the 
same group used in the other test chambers, except that none of the test 
substance is added. If a carrier (solvent) is used, a separate carrier 
control is required in addition to the regular control. The carrier 
control shall be identical to the regular control except that the 
highest amount of carrier present in any treatment is added to this 
control. If the test substance is a mixture, formulation, or commercial 
product, none of the ingredients is considered a carrier unless an extra 
amount is used to prepare the stock solution.
    (viii) Randomization. The location of all test chambers within the 
test system shall be randomized. A representative sample of the test 
embryos should be impartially distributed by adding to each cup or 
screen tray no more than 20 percent of the number of embryos to be 
placed in each cup or screen tray and repeating the process until each 
cup or screen tray contains the specified number of embryos. 
Alternatively, the embryos can be assigned by random assignment of a 
small group (e.g., 1 to 5) of embryos to each embryo cup or screen tray, 
followed by random assignment of a second group of equal number to each 
cup or tray, which is continued until the appropriate number of embryos 
are contained in each embryo cup or screen tray. The method of 
randomization used shall be reported.
    (ix) Observations. During the embryo exposure period observations 
shall be made to check for mortality. During the exposure period of the 
fry, observations shall be made to check for mortality and to note the 
physical appearance and behavior of the young fish. The biological 
responses are used in combination with physical and chemical data in 
evaluating the overall lethal and sublethal effects of the test 
substance. Additional information on the specific methodology for the 
data obtained during the test procedure are discussed in the following 
sections.
    (x) Biological data. (A) Death of embryos shall be recorded daily.
    (B) When hatching commences, daily records of the number of embryos 
remaining in each embryo cup are required. This information is necessary 
to quantify the hatching success. A record of all deformed larvae shall 
be kept throughout the entire post-hatch exposure. Time to swim-up shall 
be recorded for the trout. Upon transfer of fry from the embryo cups to 
the test chambers, daily counts of the number of live fish should be 
made. At a minimum, live fish shall be counted on days 4, 11, 18, 25 and 
(weekly thereafter for the trout species) finally on termination of the 
test.
    (C) The criteria for death of young fish is usually immobility, 
especially absence of respiratory movement, and lack of reaction to 
gentle prodding. Deaths should be recorded daily and dead fish removed 
when discovered.

[[Page 125]]

    (D) Daily and at termination of the test, the number of fish that 
appear (without the use of a magnifying viewer) to be abnormal in 
behavior (e.g., swimming erratic or uncoordinated, obviously lethargic, 
hyperventilating, or over excited, etc.) or in physical appearance 
(e.g., hemorrhaging, producing excessive mucous, or are discolored, 
deformed, etc.) shall be recorded and reported in detail.
    (E) All physical abnormalities (e.g., stunted bodies, scoliosis, 
etc.) shall be photographed and the deformed fish which die, or are 
sacrificed at the termination of the test, shall be preserved for 
possible future pathological examination.
    (F) At termination, all surviving fish shall be measured for growth. 
Standard length measurements should be made directly with a caliper, but 
may be measured photographically. Measurements shall be made to the 
nearest millimeter (0.1 mm is desirable). Weight measurements shall also 
be made for each fish alive at termination (wet, blotted dry, and to the 
nearest 0.01 g for the minnows and 0.1 g for the trout). If the fish 
exposed to the toxicant appear to be edematous compared to control fish, 
determination of dry, rather than wet, weight is recommended.
    (G) Special physiological, biochemical and histological 
investigations on embryos, fry, and juveniles may be deemed appropriate 
and shall be performed on a case by case basis.
    (5) Test results. (i) Data from toxicity tests are usually either 
continuous (e.g. length or weight measurements) or dichotomous (e.g. 
number hatching or surviving) in nature. Several methods are available 
and acceptable for statistical analysis of data derived from early life 
stage toxicity tests; however, the actual statistical methodology to 
analyze and interpret the test results shall be reported in detail.
    (ii) The significance level for all statistical testing shall be a 
minimum of P=0.05 (95 percent confidence level).
    (A) Example of statistical analysis. (1) Mortality data for the 
embryonic stage, fry stage and for both stages in replicate exposure 
chambers should first be analyzed using a two-way analysis of variance 
(ANOVA) with interaction model. This analysis will determine if 
replicates are significantly different from each other. If a significant 
difference between replicates or a significant interaction exists, cause 
for the difference should be determined. Modification should then be 
made in the test apparatus or in handling procedures for future toxicity 
tests. Further calculations should incorporate the separation of 
replicates. If no significant difference is observed, replicates may be 
pooled in further analyses.
    (2) After consideration of replicate responses, mortality data 
should then be subjected to one-way ANOVA. The purpose of this analysis 
is to determine if a significant difference exists in the percentage 
mortality between control fish and those exposed to the test material.
    (3) If the one-way ANOVA results in a F ratio that is significant, 
it would be acceptable to perform t-tests on the control versus each 
concentration. A second technique is to identify treatment means that 
are significantly different; this method should involve the additional 
assumption that the true mean response decreases generally with 
increasing concentration. The researcher may also be interested in 
determining significant differences between concentrations.
    (4) Growth data should also be analyzed by one-way ANOVA with the 
inclusion of a covariate to account for possible differences in growth 
of surviving fry in embryo cup(s) that contain fewer individuals. This 
condition can occur in cases when the same amount of food is given to 
each test chamber regardless of the number of survivors.
    (B) Test data to be analyzed. Data to be statistically analyzed are:
    (1) Percentage of healthy, fertile embryos at 40-48 hours after 
initiation of the test. Percentage is based upon initial number used.
    (2) Percentage of embryos that produce live fry for release into 
test chambers. Percentage is based on number of embryos remaining after 
thinning.
    (3) Percentage of embryos that produce live, normal fry for release 
into test chambers. Percentage is based

[[Page 126]]

upon number of embryos remaining after thinning.
    (4) Percentage of fry survival at swim-up for trout. Percentage is 
based upon number of embryos remaining after thinning.
    (5) Percentage of embryos that produce live fish at end of test. 
Percentage is based upon number of embryos remaining after thinning.
    (6) Percentage of embryos that produce live, normal fish at end of 
test. Percentage is based upon number of embryos remaining after 
thinning.
    (7) Weights and lengths of individual fish alive at the end of the 
test.
    (C) It is important that fish length and weight measurements be 
associated with individual test chambers since the density of the fish 
and available food should be considered in the growth of the organism.
    (iii) Acceptability criteria. (A) An early life stage toxicity test 
is not acceptable unless at least one of the following criteria is 
significantly different (p=0.05) from control organisms when compared 
with treated organisms, and the responses are concentration-dependent: 
mortality of embryos, hatching success, mortality of fry (at swim-up for 
trout), total mortality throughout the test, and growth (i.e. weight). 
If no significant effects occur, but the concentrations tested were the 
highest possible due to solubility or other physio-chemical limitations, 
the data will be considered for acceptance.
    (B) In addition to obtaining significant effects on the exposed test 
species, a measure of acceptability in the response of control fish is 
also required.
    (C) A test is not acceptable if the average survival of the control 
fish at the end of the test is less than 80 percent or if survival in 
any one control chamber is less than 70 percent. For silversides, a test 
is not acceptable if the average overall survival of the control embryos 
and fish at the end of the test is less than 60 percent.
    (D) If a carrier is used, the criteria for effect (mortality of 
embryos and fry, growth, etc.) used in the comparison of control and 
exposed test organisms shall also be applied to the control and control 
with carrier chambers. For the test to be considered acceptable, no 
significant difference shall exist between these criteria.
    (E) A test is not acceptable if the relative standard deviation 
(RSD=100 times the standard deviation divided by the mean) of the 
weights of the fish that were alive at the end of the test in any 
control test chamber is greater than 40 percent.
    (6) Analytical measurements--(i) Analysis of water quality. 
Measurement of certain dilution water quality parameters shall be 
performed every 6 months, to determine the consistency of the dilution 
water quality. In addition, if data in 30-day increments are not 
available to show that freshwater dilution water is constant, 
measurements of hardness, alkalinity, pH, acidity, conductivity, TOC or 
COD and particulate matter should be conducted once a week in the 
highest test substance concentration. Measurement of calcium, magnesium, 
sodium, potassium, chloride, and sulfate is desirable.
    (ii) Dissolved oxygen measurement. The dissolved oxygen 
concentration shall be measured in each test chamber at the beginning of 
the test and at least once weekly thereafter (as long as live organisms 
are present) in two replicates of the control and the high, medium, and 
low test substance concentrations.
    (iii) Temperature measurement. Temperatures shall be recorded in all 
test chambers at the beginning of the test, once weekly thereafter and 
at least hourly in one test chamber. When possible, the hourly 
measurement shall be alternated between test chambers and between 
replicates.
    (iv) Test substance measurement. (A) Prior to the addition of the 
test substance to the dilution water, it is recommended that the test 
substance stock solution be analyzed to verify the concentration. After 
addition of the test substance, the concentration of test substance 
should be measured at the beginning of the test in each test 
concentration and control(s), and at least once a week thereafter. Equal 
aliquots of test solution may be removed from each replicate chamber and 
pooled for analysis. If a malfunction in the delivery system is 
discovered, water samples shall be taken

[[Page 127]]

from the affected test chambers immediately and analyzed.
    (B) The measured concentration of test substance in any chamber 
should be no more than 30 percent higher or lower than the concentration 
calculated from the composition of the stock solution and the 
calibration of the test substance delivery system. If the difference is 
more than 30 percent, the concentration of test substance in the 
solution flowing into the exposure chamber (influent) should be 
analyzed. These results will indicate whether the problem is in the 
stock solution, the test substance delivery system or in the test 
chamber. Measurement of degradation products of the test substance is 
recommended if a reduction of the test substance concentration occurs in 
the test chamber.
    (v) Sampling and analysis methodology. (A) Generally, total test 
substance measurements are sufficient; however, the chemical 
characteristics of the test substance may require both dissolved and 
suspended test substance measurements.
    (B) For measurement of the test substance, water samples shall be 
taken midway between the top, bottom, and sides of the test chamber and 
should not include any surface scum or material stirred up from the 
bottom or sides. Samples of test solutions shall be handled and stored 
appropriately to minimize loss of test substance by microbial 
degradation, photodegradation, chemical reaction, volatilization, or 
sorption.
    (C) Chemical and physical analyses shall be performed using 
standardized methods whenever possible. The analytical method used to 
measure the concentration of the test substance in the test solution 
shall be validated before the beginning of the test. At a minimum, a 
measure of the accuracy of the method should be obtained on each of two 
separate days by using the method of known additions, and using dilution 
water from a tank containing test organisms. Three samples should be 
analyzed at the next-to-lowest test substance concentration. It is also 
desirable to study the accuracy and precision of the analytical method 
for test guideline determination by use of reference (split) samples, or 
interlaboratory studies, and by comparison with alternative, reference, 
or corroborative methods of analysis.
    (D) An analytical method is not acceptable if likely degradation 
products of the test substance, such as hydrolysis and oxidation 
products, give positive or negative interferences, unless it is shown 
that such degradation products are not present in the test chambers 
during the test. In general, atomic absorption spectrophotometric 
methods for metals and gas chromatographic methods for organic compounds 
are preferable to colorimetric methods.
    (E) In addition to analyzing samples of test solution, at least one 
reagent blank also should be analyzed when a reagent is used in the 
analysis. Also, at least one sample for the method of known additions 
should be prepared by adding test substance at the concentration used in 
the toxicity test.
    (d) Test conditions--(1) Test species. (i) One or more of the 
recommended test species will be specified in rules under part 799 of 
this chapter requiring testing of specific chemicals. The recommended 
test species are:
    (A) Fathead minnow (Pimephales promelas Rafinesque).
    (B) Sheepshead minnow (Cyprinodon variegatus).
    (C) Brook trout (Salvelinus fontinalis).
    (D) Rainbow trout (Salmo gairdneri).
    (E) Atlantic silverside (Menidia menidia).
    (F) Tidewater silverside (Menidia peninsulae).
    (ii) Embryos used to initiate the early life stage test shall be 
less than 48 hours old for the fathead and sheepshead minnows, 
silversides, and less than 96 hours old for the brook trout and rainbow 
trout. In addition, the following requirements shall be met:
    (A) All embryos used in the test shall be from the same source. 
Embryos shall be obtained from a stock cultured in-house when possible, 
and maintained under the same parameters as specified for the test 
conditions. When it is necessary to obtain embryos from an external 
source, caution should be exercised to ensure embryo viability and to 
minimize the possibility of fungal growth. A description of the brood

[[Page 128]]

stock history or embryo source shall be made available to EPA upon 
request.
    (B) Test species shall be cared for and handled properly in order to 
avoid unnecessary stress. To maintain test species in good condition and 
to maximize growth, crowding shall be prevented, and the dissolved 
oxygen level shall be maintained near saturation.
    (C) Embryos and fish shall be handled as little as possible. Embryos 
shall be counted and periodically inspected until hatching begins. When 
larvae begin to hatch, they shall not be handled. Transfer of minnow 
larvae from embryo cups to test chambers shall not involve the use of 
nets. No handling is necessary following introduction into the test 
chambers until termination of the test.
    (D) If fathead minnow embryos are obtained from in-house culture 
units, the embryos should be gently removed from the spawning substrate. 
The method for separating the fertilized eggs from the substrate is 
important and can affect the viability of the embryos; therefore the 
finger-rolling procedure is recommended.
    (E) Disease treatment. Chemical treatments to cure or prevent 
diseases should not be used before, and should not be used during a 
test. All prior treatments of brood stock should be reported in detail. 
Severely diseased organisms should be destroyed.
    (2) Test facilities--(i) Construction materials. Construction 
materials and equipment that contact stock solutions, test solutions, or 
dilution water into which test embryos or fish are placed should not 
contain any substances that can be leached or dissolved into aqueous 
solutions in quantities that can affect test results. Materials and 
equipment that contact stock or test solutions should be chosen to 
minimize sorption of test chemicals from dilution water. Glass, 316 
stainless steel, nylon screen and perfluorocarbon plastic (e.g., 
Teflon) are acceptable materials. Concrete or rigid 
(unplasticized) plastic may be used for holding and acclimation tanks, 
and for water supply systems, but they should be thoroughly conditioned 
before use. If cast iron pipe is used in freshwater supply systems, 
colloidal iron may leach into the dilution water and strainers should be 
used to remove rust particles. Natural rubber, copper, brass, galvanized 
metal, epoxy glues, and flexible tubing should not come in contact with 
dilution water, stock solutions, or test solutions.
    (ii) Test chambers (exposure chambers). (A) Stainless steel test 
chambers should be welded or glued with silicone adhesive, and not 
soldered. Glass should be fused or bonded using clear silicone adhesive. 
Epoxy glues are not recommended, but if used ample curing time should be 
allowed prior to use. As little adhesive as possible should be in 
contact with the water.
    (B) Many different sizes of test chambers have been used 
successfully. The size, shape and depth of the test chamber is 
acceptable if the specified flow rate and loading requirements can be 
achieved.
    (C) The actual arrangement of the test chambers can be important to 
the statistical analysis of the test data. Test chambers can be arranged 
totally on one level (tier) side by side, or on two levels with each 
level having one of the replicate test substance concentrations or 
controls. Regardless of the arrangement, it shall be reported in detail 
and considered in the data analysis.
    (iii) Embryo incubation apparatus. (A) Recommended embryo incubation 
apparatus include embryo cups for the minnow species and screen trays 
for the trout species, although embryo cups can be used for the trout 
species. Embryo cups are normally constructed from approximately 4-5 cm 
inside diameter, 7-8 cm high, glass jars with the end cut off or similar 
sized sections of polyethylene tubing. One end of the jar or tubing is 
covered with stainless steel or nylon screen (approximately 40 meshes 
per inch is recommended). Embryo cups for silversides are normally 
constructed by using silicone adhesive to glue a 10-cm high, 363-um 
nylon mesh tube inside a 9-cm I.D. glass Petri dish bottom. The embryo 
cups shall be appropriately labeled and then suspended in the test 
chamber in such a manner as to ensure that the test solution regularly 
flows through the cup and that the embryos are always submerged but are 
not agitated too vigorously. Cups may be oscillated by a

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rocker arm apparatus with a low rpm motor (e.g., 2 rpm) to maintain the 
required flow of test water. The vertical-travel distance of the rocker 
arm apparatus during oscillation is normally 2.5-4.0 cm. The water level 
in the test chambers may also be varied by means of a self-starting 
siphon in order to ensure exchange of water in the embryo cups.
    (B) The trout embryo incubation trays can be made from stainless 
steel screen (or other acceptable material such as plastic) of about 3-4 
mm mesh. The screen tray should be supported above the bottom of the 
test chamber by two folds of screen or other devices which function as 
legs or supports. The edges of the screen tray should be turned up to 
prevent bump spills and to prevent the embryos from rolling off in the 
event of excessive turbulence. Suspending or supporting the screen tray 
off the bottom ensures adequate water circulation around the embryos and 
avoids contact of embryos with possible bottom debris.
    (iv) Test substance delivery system. (A) The choice of a specific 
delivery system depends upon the specific properties and requirements of 
the test substance. The apparatus used should accurately and precisely 
deliver the appropriate amount of stock solution and dilution water to 
the test chambers. The system selected shall be calibrated before each 
test. Calibration includes determining the flow rate through each 
chamber, and the proportion of stock solution to dilution water 
delivered to each chamber. The general operation of the test substance 
delivery system shall be checked at least twice daily for normal 
operation throughout the test. A minimum of five test substance 
concentrations and one control shall be used for each test.
    (B) The proportional diluter and modified proportional diluter 
systems and metering pump systems have proven suitable and have received 
extensive use.
    (C) Mixing chambers shall be used between the diluter and the test 
chamber(s). This may be a small container or flow-splitting chamber to 
promote mixing of test substance stock solution and dilution water, and 
is positioned between the diluter and the test chambers for each 
concentration. If a proportional diluter is used, separate delivery 
tubes shall run from the flow-splitting chamber to each replicate test 
chamber. Daily checks on this latter system shall be made.
    (D) Silverside fry are injured easily and are susceptible to 
impingement on the mesh of the incubation cups. Consequently, water flow 
into and out of the cups when counting fry must be at a slow rate. This 
can be accomplished by using small diameter (e.g., 2 mm I.D.) capillary 
tubes to drain the test solution from spitter boxes into the replicate 
test chambers. The use of a self-starting siphon to gradually lower 
(i.e., less than or equal to 1 min.) the water level approximately 2 cm 
in the test chamber is recommended. A minimum water depth of 5 cm should 
be maintained in the cups. Although it may be satisfactory, a rocker-arm 
type apparatus has not yet been used with silversides.
    (v) Other equipment required. (A) An apparatus for removing 
undesirable organisms, particulate matter and air bubbles.
    (B) An apparatus for aerating water.
    (C) A suitable magnifying viewer for examination of minnow embryos.
    (D) A suitable apparatus for the precise measurement of growth of 
the fish, including both length (e.g., with metric or ruler caliper or 
photographic equipment) and weight.
    (E) Facilities for providing a continuous supply of live brine 
shrimp nauplii (Artemia salina).
    (F) For silversides, facilities for providing a supply of rotifers 
(Brachionus plicatilis) for approximately 11 days.
    (G) Facilities (or access to facilities) for performing the required 
water chemistry analyses.
    (vi) Cleaning of equipment. (A) Test substance delivery systems and 
test chambers should be cleaned before use. Test chambers should be 
cleaned during the test as needed to maintain the dissolved oxygen 
concentration, and to prevent clogging of the embryo cup screens and 
narrow flow passages.
    (B) Debris can be removed with a rubber bulb and large pipette or by 
siphoning with a glass tube attached to a flexible hose. Debris should 
be run into

[[Page 130]]

a bucket light enough to observe that no live fish are accidentally 
discarded.
    (vii) Dilution water--(A) General. (1) A constant supply of 
acceptable dilution water should be available for use throughout the 
test. Dilution water shall be of a minimum quality such that the test 
species selected will survive in it for the duration of testing without 
showing signs of stress (e.g., loss of pigmentation, disorientation, 
poor response to external stimuli, excessive mucous secretion, lethargy, 
lack of feeding, or other unusual behavior). A better criterion for an 
acceptable dilution water for tests on early life stages should be such 
that the species selected for testing will survive, grow, and reproduce 
satisfactorily in it.
    (2) The concentration of dissolved oxygen in the dilution water 
(fresh or salt) shall be between 90 percent and 100 percent saturation. 
When necessary, dilution water should be aerated by means of airstones, 
surface aerators, or screen tubes before the introduction of the test 
substance.
    (3) Water that is contaminated with undesirable microoganisms (e.g., 
fish pathogens) shall not be used. If such contamination is suspected, 
the water should be passed through a properly maintained ultraviolet 
sterilizer equipped with an intensity meter before use. Efficacy of the 
sterilizer can be determined by using standard plate count methods.
    (B) Freshwater. (1) Natural water (clean surface or ground water) is 
preferred, however, dechlorinated tap water may be used as a last 
resort. Reconstituted freshwater is not recommended as a practical 
dilution water for the early life stage toxicity test because of the 
large volume of water required.
    (2) Particulate and dissolved substance concentrations should be 
measured at least twice a year and should meet the following 
specifications:

------------------------------------------------------------------------
                Substance                      Concentration maximum
------------------------------------------------------------------------
Particulate matter.......................  <20 mg/liter.
Total organic carbon (TOC)...............  <2 mg/liter.
Chemical oxygen demand (COD).............  <5 mg/liter.
Un-ionized ammonia.......................  <1 g/liter.
Residual chlorine........................  <1 g/liter.
Total organoposphorus pesticides.........  <50 ng/liter.
Total organochlorine pesticides plus       <50 ng/liter.
 polychlorinated biphenyls (PCBs).
Total organic chlorine...................  <25 ng/liter.
------------------------------------------------------------------------

    (3) During any one month, freshwater dilution water should not vary 
more than 10 percent from the respective monthly averages of hardness, 
alkalinity and specific conductance; the monthly pH range should be less 
than 0.4 pH units.
    (C) Saltwater. (1) Marine dilution water is considered to be of 
constant quality if the minimum salinity is greater than 150/
00 and the weekly range of the salinity is less than 
150/00. The monthly range of pH shall be less than 
0.8 pH units. Saltwater shall be filtered to remove larval predators. A 
pore size of 20 micrometers (um) is recommended. For 
silversides, the recommended salinity is 20 ppt and shall be maintained 
between 15 and 25 ppt throughout testing.
    (2) Artificial sea salts may be added to natural seawater during 
periods of low salinity to maintain salinity above 150/
00.
    (3) Test parameters--(i) Dissolved oxygen concentration. It is 
recommended that the dissolved oxygen concentration be maintained 
between 90 and 100 percent saturation; but it shall be no less than 75 
percent saturation at all times for both minnow species and between 90 
and 100 percent saturation for the trout species in all test chambers. 
Dilution water in the head box may be aerated, but the test solution 
itself shall not be aerated.
    (ii) Loading and flow rate. (A) The loading in test chambers should 
not exceed 0.1 grams of fish per liter of test solution passing through 
the test chamber in 24 hours. The flow rate to each chamber should be a 
minimum of 6 tank volumes per 24 hours. During a test, the flow rates 
should not vary more than 10 percent from any one test chamber to any 
other.
    (B) A lower loading or higher flow rate or both shall be used if 
necessary to meet the following three criteria at all times during the 
test in each chamber containing live test organisms:
    (1) The concentration of dissolved oxygen shall not fall below 75 
percent

[[Page 131]]

saturation for the fathead and sheepshead minnows and 90 percent for the 
rainbow and brook trout;
    (2) The concentration of un-ionized ammonia should not exceed 1 
 g/1; and
    (3) The concentration of toxicant should not be lowered (i.e., 
caused by uptake by the test organisms and/or materials on the sides and 
bottoms of the chambers) more than 20 percent of the mean measured 
concentration.
    (iii) Temperature. (A) The recommended test temperatures are:
    (1) Fathead minnow----25  deg.C for all life stages.
    (2) Sheepshead minnow----30  deg.C for all life stages.
    (3) Rainbow and brook trout----10  deg.C for embryos. 12  deg.C for 
fry and alevins.
    (4) Atlantic and tidewater silversides----25  deg.C for all life 
stages.
    (B) Excursions from the test temperature shall be no greater than 
2.0 deg.C. It is recommended that the test system be 
equipped with an automatic alarm system to alert staff of instantaneous 
temperature changes in excess of 2  deg.C. If the water is heated (i.e., 
for minnow species), precautions should be taken to ensure that 
supersaturation of dissolved gases is avoided. Temperatures shall be 
recorded in all test chambers at the beginning of the test and weekly 
thereafter. The temperature shall be recorded at least hourly in one 
test chamber throughout the test.
    (iv) Light. (A) Brook and rainbow trout embryos shall be maintained 
in darkness or very low light intensity through one week post-hatch, at 
which time a 14-hour light and 10-hour dark photoperiod shall be 
provided.
    (B) For fathead and sheepshead minnows, a 16-hour light and 8-hour 
dark (or 12:12) photoperiod shall be used throughout the test period.
    (C) For silversides, a 14-hour light and 10-hour dark photoperiod 
shall be used throughout the test period.
    (D) A 15-minute to 30-minute transition period between light and 
dark is optional.
    (E) Light intensities ranging from 30 to 100 lumens at the water 
surface shall be provided; the intensity selected should be duplicated 
as closely as possible for all test chambers.
    (e) Reporting. A report of the results of an early life stage 
toxicity test shall include the following:
    (1) Name of test, sponsor, investigator, laboratory, and dates of 
test duration.
    (2) Detailed description of the test substance including its source, 
lot number, composition (identity and concentration of major ingredients 
and major impurities), known physical and chemical properties, and any 
carriers (solvents) or other additives used.
    (3) The source of the dilution water, its chemical characteristics, 
and a description of any pretreatment.
    (4) Detailed information about the test organisms including 
scientific name and how verified and source history, observed diseases, 
treatments, acclimation procedure, and concentration of any contaminants 
and the method of measurement.
    (5) A description of the experimental design and the test chambers, 
the depth and volume of the solution in the chambers, the way the test 
was begun, the number of organisms per treatment, the number of 
replicates, the loading, the lighting, a description of the test 
substance delivery system, and the flow rate as volume additions per 24 
hours.
    (6) Detailed information on feeding of fish during the toxicity 
test, including type of food used, its source, feeding frequency and 
results of analysis (i.e., concentrations) for contaminants.
    (7) Number of embryos hatched, number of healthy embryos, time to 
hatch, mortality of embryos and fry, measurements of growth (weight and 
length), incidence of pathological or histological effects and 
observations of other effects or clinical signs, number of healthy fish 
at end of test.
    (8) Number of organisms that died or showed an effect in the control 
and the results of analysis for concentration(s) of any contaminant in 
the control(s) should mortality occur.
    (9) Methods used for, and the results of (with standard deviation), 
all chemical analyses of water quality and test substance concentration, 
including validation studies and reagent blanks; the average and range 
of the test temperature(s).

[[Page 132]]

    (10) Anything unusual about the test, any deviation from these 
procedures, and any other relevant information.
    (11) A description of any abnormal effects and the number of fish 
which were affected during each period between observations in each 
chamber, and the average concentration of test substance in each test 
chamber.
    (12) Reference to the raw data location.

[50 FR 39321, Sept. 27, 1985, as amended at 52 FR 19064, May 20, 1987]



Sec. 797.1930  Mysid shrimp acute toxicity test.

    (a) Purpose. This guideline is intended for use in developing data 
on the acute toxicity of chemical substances and mixtures 
(``chemicals'') subject to environmental effects test regulations under 
the Toxic Substances Control Act (TSCA) (Pub. L. 94-469, 90 Stat. 2003, 
15 U.S.C. 2601 et seq.). This guideline prescribes a test using mysid 
shrimp as test organisms to develop data on the acute toxicity of 
chemicals. The United States Environmental Protection Agency (EPA) will 
use data from these tests in assessing the hazard of a chemical to the 
aquatic environment.
    (b) Definitions. The definitions in section 3 of the Toxic 
Substances Control Act (TSCA) and in part 792--Good Laboratory Practice 
Standards of this chapter, apply to this test guideline. The following 
definitions also apply to this guideline.
    (1) ``Death'' means the lack of reaction of a test organism to 
gentle prodding.
    (2) ``Flow-through'' means a continuous or an intermittent passage 
of test solution or dilution water through a test chamber or a holding 
or acclimation tank, with no recycling.
    (3) ``LC50'' means that experimentally derived 
concentration of test substance that is calculated to kill 50 percent of 
a test population during continuous exposure over a specified period of 
time.
    (4) ``Loading'' means the ratio of test organisms biomass (grams, 
wet weight) to the volume (liters) of test solution in a test chamber.
    (5) ``Retention chamber'' means a structure within a flow-through 
test chamber which confines the test organisms, facilitating observation 
of test organisms and eliminating loss of organisms in outflow water.
    (6) ``Static system'' means a test chamber in which the test 
solution is not renewed during the period of the test.
    (c) Test procedures--(1) Summary of the test. In preparation for the 
test, test chambers are filled with appropriate volumes of dilution 
water. If a flow-through test is performed, the flow of dilution water 
through each chamber is adjusted to the rate desired. The test substance 
is introduced into each test chamber. In a flow-through test, the rate 
at which the test substance is added is adjusted to establish and 
maintain the desired concentration of test substance in each test 
chamber. The test is started by randomly introducing mysids acclimated 
in accordance with the test design into the test chambers. Mysids in the 
test chambers are observed periodically during the test, the dead mysids 
removed and the findings recorded. Dissolved oxygen concentration, pH, 
temperature, salinity, the concentration of test substance, and other 
water quality characteristics are measured at specified intervals in 
test chambers. Data collected during the test are used to develop 
concentration-response curves and LC50 values for the test 
substance.
    (2) [Reserved]
    (3) Range-finding test. (i) A range-finding test should be conducted 
to determine:
    (A) Which life stage (juvenile or young adult) is to be utilized in 
the definitive test.
    (B) The test solution concentrations for the definitive test.
    (ii) The mysids should be exposed to a series of widely spaced 
concentrations of test substance (e.g., 1, 10, 100 mg/l, etc.), usually 
under static conditions.
    (iii) This test should be conducted with both newly hatched juvenile 
(< 24 hours old) and young adult (5 to 6 days old) mysids. For each age 
class (juvenile or young adult), a minimum of 10 mysids should be 
exposed to each concentration of test substance for up to 96 hours. The 
exposure period may be shortened if data suitable for the purpose of the 
range-finding test can be

[[Page 133]]

obtained in less time. The age class which is most sensitive to the test 
substance in the range-finding test shall be utilized in the definitive 
test. When no apparent difference in sensitivity of the two life stages 
is found, juveniles shall be utilized in the definitive test. No 
replicates are required, and nominal concentrations of the chemical are 
acceptable.
    (4) Definitive test. (i) The purpose of the definitive test is to 
determine the concentration-response curves and the 48- and 96-hour 
LC50 values with the minimum amount of testing beyond the 
range-finding test.
    (ii) The definitive test shall be conducted on the mysid life stage 
(juveniles or young adults) which is most sensitive to the test 
substance being evaluated.
    (iii) A minimum of 20 mysids per concentration shall be exposed to 
five or more concentrations of the chemical chosen in a geometric series 
in which the ratio is between 1.5 and 2.0 (e.g., 2, 4, 8, 16, 32, and 64 
mg/l). An equal number of mysids shall be placed in two or more 
replicates. If solvents, solubilizing agents or emulsifiers have to be 
used, they shall be commonly used carriers and shall not possess a 
synergistic or antagonistic effect on the toxicity of the test 
substance. The concentration of solvent shall not exceed 0.1 ml/1. The 
concentration ranges shall be selected to determine the concentration-
response curves and LC50 values at 48 and 96 hours.
    (iv) Every test shall include controls consisting of the same 
dilution water, conditions, procedures, and mysids from the same 
population or culture container, except that none of the chemical is 
added.
    (v) The dissolved oxygen concentration temperature, salinity, and pH 
shall be measured at the beginning and end of the test in each chamber.
    (vi) The test duration is 96 hours. The test is unacceptable if more 
than 10 percent of the control organisms die or exhibit abnormal 
behavior during the 96 hour test period. Each test chamber should be 
checked for dead mysids at 24, 48, 72, and 96 hours after the beginning 
of the test. Concentration-response curves and 24-, 48-, 72- and 96-hour 
LC50 values should be determined along with their 95 percent 
confidence limits.
    (vii) In addition to death, any abnormal behavior or appearance 
shall also be reported.
    (viii) Test organisms shall be impartially distributed among test 
chambers in such a manner that test results show no significant bias 
from the distributions. In addition, test chambers within the testing 
area shall be positioned in a random manner or in a way in which 
appropriated statistical analyses can be used to determine the variation 
due to placement.
    (ix) The concentration of the test substance in the chambers should 
be measured as often as is feasible during the test. At a minimum, 
during static tests the concentration of test substance shall be 
measured at each concentration at the beginning and at the end of the 
test. During the flow-through test, the concentration of test substance 
should be measured at the beginning and end of the test and in at least 
one appropriate chamber whenever a malfunction is detected in any part 
of the test substance delivery system. Equal aliquots of test solution 
may be removed from each replicate chamber and pooled for analysis. 
Among replicate test chambers of a treatment concentration, the measured 
concentration of the test substance should not vary more than 20 
percent.
    (5) [Reserved]
    (6) Analytical measurements--(i) Test chemical. Deionized water 
should be used in making stock solutions of the test substance. Standard 
analytical methods should be used whenever available in performing the 
analyses. The analytical method used to measure the amount of test 
substance in a sample shall be validated before beginning the test by 
appropriate laboratory practices. An analytical method is not acceptable 
if likely degradation products of the test substance, such as hydrolysis 
and oxidation products, give positive or negative interferences which 
cannot be systematically identified and corrected mathematically.
    (ii) Numerical. The number of dead mysids shall be counted during 
each definitive test. Appropriate statistical analyses should provide a 
goodness-of-

[[Page 134]]

fit determination for the concentration-response curves. A 48- and 96-
hour LC50 and corresponding 95 percent interval shall be 
calculated.
    (d) Test conditions--(1) Test species--(i) Selection. (A) The mysid 
shrimp, Mysidopsis bahia, is the organism specified for these tests. 
Either juvenile (<24 hours old) or young adult (5 to 6 days old) mysids 
are to be used to start the test.
    (B) Mysids to be used in chronic toxicity tests should originate 
from laboratory cultures in order to ensure the individuals are of 
similar age and experimental history. Mysids used for establishing 
laboratory cultures may be purchased commercially or collected from 
appropriate natural areas. Because of similarities with other mysids 
species, taxonomic verification should be obtained from the commercial 
supplier by experienced laboratory personnel or by an outside expert.
    (C) Mysids used in a particular test shall be of similar age and be 
of normal size and appearance for their age. Mysids shall not be used 
for a test if they exhibit abnormal behavior or if they have been used 
in a previous test, either in a treatment or in a control group.
    (ii) Acclimation. (A) Any change in the temperature and chemistry of 
the dilution water used for holding or culturing the test organisms to 
those of the test shall be gradual. Within a 24-hour period, changes in 
water temperature shall not exceed 1  deg.C, while salinity changes 
shall not exceed 5 percent.
    (B) During acclimation mysids should be maintained in facilities 
with background colors and light intensities similar to those of the 
testing areas.
    (iii) Care and handling. Methods for the care and handling of mysids 
such as those described in paragraph (f)(1) of this section can be used 
during holding, culturing and testing periods.
    (iv) Feeding. Mysids should be fed during testing. Any food utilized 
should support survival, growth and reproduction of the mysids. A 
recommended food is live Artemia spp. (48-hour-old nauplii).
    (2) Facilities--(i) Apparatus. (A) Facilities which may be needed to 
perform this test include: (1) flow-through or recirculating tanks for 
holding and acclimating mysids; (2) a mechanism for controlling and 
maintaining the water temperature during the holding, acclimation and 
test periods; (3) apparatus for straining particulate matter, removing 
gas bubbles, or aerating the water, as necessary; and (4) an apparatus 
for providing a 14-hour light and 10-hour dark photoperiod with a 15 to 
30 minute transition period. In addition, for flow-through tests, flow-
through chambers and a test substance delivery system are required. 
Furthermore, it is recommended that mysids be held in retention chambers 
within test chambers to facilitate observations and eliminate loss of 
test organisms through outflow water. For static tests, suitable 
chambers for exposing test mysids to the test substance are required. 
Facilities should be well ventilated and free of fumes and disturbances 
that may affect the test organisms.
    (B) Test chambers shall be loosely covered to reduce the loss of 
test solution or dilution water due to evaporation and to minimize the 
entry of dust or other particulates into the solutions.
    (ii) Cleaning. Test substance delivery systems and test chambers 
shall be cleaned before each test following standard laboratory 
practices.
    (iii) Construction materials. (A) Materials and equipment that 
contact test solutions should be chosen to minimize sorption of test 
chemicals from dilution water and should not contain substances that can 
be leached into aqueous solution in quantities that can affect test 
results.
    (B) For use in the flow-through test, retention chambers utilized 
for confinement of test organisms can be constructed with netting 
material of appropriate mesh size.
    (iv) Dilution water. (A) Natural or artificial seawater is 
acceptable as dilution water if mysids will survive and successfully 
reproduce in it for the duration of the holding, acclimating and testing 
periods without showing signs of stress, such as reduced growth and 
fecundity. Mysids shall be cultured and tested in dilution water from 
the same origin.

[[Page 135]]

    (B) Natural seawater shall be filtered through a filter with a pore 
size of <20 microns prior to use in a test.
    (C) Artificial seawater can be prepared by adding commercially 
available formulations or by adding specific amounts of reagent-grade 
chemicals to deionized water. Deionized water with a conductivity less 
than 1  ohm/cm at 12  deg.C is acceptable for making artificial 
seawater. When deionized water is prepared from a ground or surface 
water source, conductivity and total organic carbon (or chemical oxygen 
demand) shall be measured on each batch.
    (v) Test substance delivery system. In flow-through tests, 
proportional diluters, metering pumps, or other suitable systems should 
be used to deliver test substance to the test chambers. The system used 
shall be calibrated before each test. Calibration includes determining 
the flow rate through each chamber and the concentration of the test 
substance in each chamber. The general operation of the test substance 
delivery system should be checked twice daily during a test. The 24-hour 
flow through a test chamber shall be equal to at least 5 times the 
volume of the test chamber. During a test, the flow rates should not 
vary more than 10 percent among test chambers or across time.
    (3) Test parameters. Environmental parameters of the water contained 
in test chambers shall be maintained as specified below:
    (i) The test temperature shall be 25 deg.C. Excursions from the test 
temperature shall be not greater than  2 deg.C.
    (ii) Dissolved oxygen concentration between 60 and 105 percent 
saturation. Aeration, if needed to achieve this level, shall be done 
before the addition of the test substance. All treatment and control 
chambers shall be given the same aeration treatment.
    (iii) The number of mysids placed in a test solution shall not be so 
great as to affect results of the test. Loading shall not exceed 30 
mysids per liter for a static test. Loading requirements for the flow-
through test will vary depending on the flow rate of dilution water. The 
loading shall not cause the dissolved oxygen concentration to fall below 
the recommended levels.
    (iv) Photoperiod of 14 hours light and 10 hours darkness, with a 15 
to 30 minute transition period.
    (v) Salinity of 20 parts per thousand 3 percent.
    (e) Reporting. The sponsor shall submit to the EPA all data 
developed during the test that are suggestive or predictive of acute 
toxicity and all concomitant toxicologic manifestations. In addition to 
the general reporting requirements prescribed in part 792--Good 
Laboratory Practice Standards of this chapter, the reporting of test 
data shall include the following:
    (1) The source of the dilution water, its chemical characteristics 
(e.g., salinity, pH, etc.) and a description of any pretreatment.
    (2) Detailed information about the test organisms, including the 
scientific name and method of verification, age, source, history, 
abnormal behavior, acclimation procedures and food used.
    (3) A description of the test chambers, the depth and volume of 
solution in the chamber, the way the test was begun (e.g., conditioning, 
test substance additions, etc.), the number of organisms per treatment, 
the number of replicates, the loading, the lighting, the test substance 
delivery system and the flow rate expressed as volume additions per 24 
hours.
    (4) The measured concentration of test substance in test chambers at 
the times designated.
    (5) The number and percentage of organisms that died or showed any 
other adverse effects in the control and in each treatment at each 
observation period.
    (6) Concentration-response curves shall be fitted to mortality data 
collected at 24, 48, 72, and 96 hours. A statistical test of goodness-
of-fit shall be performed and the results reported.
    (7) The 96-hour LC50 and when sufficient data have been 
generated, the 24-, 48-, and 72-hour LC50's and the 
corresponding 95-percent confidence limits and the methods used to 
calculate the values. These calculations shall be made using the average 
measured concentration of the test substance.
    (8) Methods and data records of all chemical analyses of water 
quality and

[[Page 136]]

test substance concentrations, including method validations and reagent 
blanks.
    (9) The data records of the holding, acclimation and test 
temperature and salinity.
    (f) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) U.S. Environmental Protection Agency, ``Bioassay Procedures for 
the Ocean Disposal Permit Program,'' EPA Report No. 600-9-78-010 (Gulf 
Breeze, Florida, 1978).
    (2) [Reserved]

[50 FR 39321, Sept. 27, 1985, as amended at 52 FR 19068, May 20, 1987; 
52 FR 26150, July 13, 1987]



Sec. 797.1950  Mysid shrimp chronic toxicity test.

    (a) Purpose. This guideline is intended for use in developing data 
on the chronic toxicity of chemical substances and mixtures 
(``chemicals'') subject to environmental effects test regulations under 
the Toxic Substances Control Act (TSCA) (Pub. L. 94-469, 90 Stat. 2003, 
15 U.S.C. 2601 et seq.). This guideline prescribes tests using mysids as 
test organisms to develop data on the chronic toxicity of chemicals. The 
United States Environmental Protection Agency (EPA) will use data from 
these tests in assessing the hazard of a chemical to the aquatic 
environment.
    (b) Definitions. The definitions in section 3 of the Toxic 
Substances Control Act (TSCA) and in part 792--Good Laboratory Practice 
Standards of this chapter apply to this test guideline. The following 
definitions also apply to this guideline:
    (1) ``Chronic toxicity test'' means a method used to determine the 
concentration of a substance that produces an adverse effect from 
prolonged exposure of an organism to that substance. In this test, 
mortality, number of young per female and growth are used as measures of 
chronic toxicity.
    (2) ``Death'' means the lack of reaction of a test organism to 
gentle prodding.
    (3) ``Flow-through'' means a continuous or an intermittent passage 
of test solution or dilution water through a test chamber or a holding 
or acclimation tank, with no recycling.
    (4) ``G1 (Generation 1)'' means those mysids which are used to begin 
the test, also referred to as adults; G2 (Generation 2) are the young 
produced by G1.
    (5) ``LC50'' means that experimentally derived 
concentration of test substance that is calculated to kill 50 percent of 
a test population during continuous exposure over a specified period of 
time.
    (6) ``Loading'' means the ratio of test organism biomass (gram, wet 
weight) to the volume (liters) of test solution in a test chamber.
    (7) ``MATC'' (Maximum Acceptable Toxicant Concentration) means the 
maximum concentration at which a chemical can be present and not be 
toxic to the test organism.
    (8) ``Retention chamber'' means a structure within a flow-through 
test chamber which confines the test organisms, facilitating observation 
of test organisms and eliminating washout from test chambers.
    (c) Test procedures--(1) Summary of the test. (i) In preparation for 
the test, the flow of test solution through each chamber is adjusted to 
the rate desired. The test substance is introduced into each test 
chamber. The rate at which the test substance is added is adjusted to 
establish and maintain the desired concentration of test substance in 
each test chamber. The test is started by randomly introducing mysids 
acclimated in accordance with the test design into retention chambers 
within the test and the control chambers. Mysids in the test and control 
chambers are observed periodically during the test, the dead mysids 
removed and the findings reported.
    (ii) Dissolved oxygen concentration, pH, temperature, salinity, the 
concentration of test substance and other water quality characteristics 
are measured at specified intervals in selected test chambers.
    (iii) Data collected during the test are used to develop a MATC 
(Maximum Acceptable Toxicant Concentration) and quantify effects on 
specific chronic parameters.
    (2) [Reserved]

[[Page 137]]

    (3) Range-finding test. (i) A range-finding test should be conducted 
to establish test solution concentrations for the definitive test.
    (ii) The mysids should be exposed to a series of widely spaced 
concentrations of the test substance (e.g., 1, 10, 100 mg/l), usually 
under static conditions.
    (iii) A minimum of 10 mysids should be exposed to each concentration 
of test substance for a period of time which allows estimation of 
appropriate chronic test concentrations. No replicates are required and 
nominal concentrations of the chemical are acceptable.
    (4) Definitive test. (i) The purpose of the definitive test is to 
determine concentration-response curves, LC50 values, and 
effects of a chemical on growth and reproduction during chronic 
exposure.
    (ii) A minimum of 40 mysids per concentration shall be exposed to 
four or more concentrations of the chemical chosen in a geometric series 
in which the ratio is between 1.5 and 2.0 (e.g., 2, 4, 8, 16, 32, and 64 
mg/1). An equal number of mysids shall be placed in two or more 
replicates. If solvents, solubilizing agents or emulsifiers have to be 
used, they shall be commonly used carriers and shall not possess a 
synergistic or antagonistic effect on the toxicity of the test 
substance. The concentration of solvent should not exceed 0.1 ml/1. The 
concentration ranges should be selected to determine the concentration 
response curves, LC50 values and MATC. Concentration of test 
substance in test solutions should be analyzed prior to use.
    (iii) Every test should include controls consisting of the same 
dilution water, conditions, procedures and mysids from the same 
population or culture container, except that none of the chemical is 
added.
    (iv) The dissolved oxygen concentration, temperature, salinity, and 
pH shall be measured weekly in each chamber.
    (v) The test duration is 28 days. The test is unacceptable if more 
than 20 percent of the control organisms die, appear stressed or are 
diseased during the test. The number of dead mysids in each chamber 
shall be recorded on days 7, 14, 21, and 28 of the test. At the time 
when sexual characteristics are discernible in the mysids (approximately 
10 to 12 days in controls; possible delays may occur in mysids exposed 
to test substances), the number of males and females (identified by 
ventral brood pouch) in each chamber shall be recorded. Body length (as 
measured by total midline body length, from the anterior tip of the 
carapace to the posterior margin of the uropod) shall be recorded for 
males and females at the time when sex can be determined simultaneously 
for all mysids in control and treatment groups. This time cannot be 
specified because of possible delays in sexual maturation of mysids 
exposed to test substances. A second observation of male and female body 
lengths shall be conducted on day 28 of the test. To reduce stress on 
the mysids, body lengths can be recorded by photography through a 
stereomicroscope with appropriate scaling information. As offspring are 
produced by the G1 mysids (approximately 13 to 16 days in controls), the 
young shall be counted and separated into retention chambers at the same 
test substance concentration as the chambers where they originated. If 
available prior to termination of the test, observations on the 
mortality, number of males and females and male and female body length 
shall be recorded for the G2 mysids. Concentration-response curves, 
LC50 values and associated 95 percent confidence limits for 
the number of dead mysids (G1) shall be determined for days 7, 14, 21, 
and 28. An MATC shall be determined for the most sensitive test criteria 
measured (cumulative mortality of adult mysids, number of young per 
female, and body lengths of adult males and females).
    (vi) In addition to death, any abnormal behavior or appearance shall 
also be reported.
    (vii) Test organisms shall be impartially distributed among test 
chambers in such a manner that test results show no significant bias 
from the distributions. In addition, test chambers within the testing 
area shall be positioned in a random manner or in a way in which 
appropriate statistical analyses can be used to determined the variation 
due to placement.

[[Page 138]]

    (viii) The concentration of the test substance in the chambers 
should be measured as often as is feasible during the test. The 
concentration of test substance shall be measured:
    (A) At each test concentration at the beginning of the test and on 
days 7, 14, 21, and 28; and
    (B) In at least one appropriate chamber whenever a malfunction is 
detected in any part of the test substance delivery system.

Equal aliquots of test solutions may be removed from each test chamber 
and pooled for analysis. Among replicate test chambers of a treatment 
concentration, the measured concentration of the test substance should 
not vary more than 20 percent.
    (5) [Reserved]
    (6) Analytical measurements--(i) Test chemical. Deionized water 
should be used in making stock solutions of the test substance. Standard 
analytical methods should be employed whenever available in performing 
the analyses. The analytical method used to measure the amount of test 
substance in a sample shall be validated before beginning the test by 
appropriate laboratory practices. An analytical method is not acceptable 
if likely degradation products of the test substance, such as hydrolysis 
and oxidation products, give positive or negative interferences which 
cannot be systematically identified and corrected mathematically.
    (ii) Numerical. (A) The number of dead mysids, cumulative young per 
female, and body lengths of male and female mysids shall be recorded 
during each definitive test. Appropriate statistical analyses shall 
provide a goodness-of-fit determination for the day 7, 14, 21 and 28 
adult (Gl) death concentration-response curves.
    (B) A 7-, 14-, 21- and 28-day LC50, based on adult (Gl) 
death, and corresponding 95 percent confidence intervals shall be 
calculated. Appropriate statistical tests (e.g., analysis of variance, 
mean separation test) should be used to test for significant chemical 
effects on chronic test criteria (cumulative mortality of adults, 
cumulative number of young per female and body lengths of adult male and 
females) on designated days. An MATC shall be calculated using these 
chronic tests criteria.
    (d) Test conditions--(1) Test species--(i) Selection. (A) The mysid 
shrimp, Mysidopsis bahia, is the organism specified for these tests. 
Juvenile mysids, 24 hours old, are to be used to start the 
test.
    (B) Mysids to be used in chronic toxicity tests should originate 
from laboratory cultures in order to ensure the individuals are of 
similar age and experimental history. Mysids used for establishing 
laboratory cultures may be purchased commercially or collected from 
appropriate natural areas. Because of similarities with other mysid 
species, taxonomic verification should be obtained from the commercial 
supplier, by experienced laboratory personnel, or by an outside expert.
    (C) Mysids used in a particular test shall be of similar age and be 
of normal size and appearance for their age.
    (D) Mysids shall not be used for a test if they exhibit abnormal 
behavior, or if they have been used in a previous test, either in a 
treatment or in a control group.
    (ii) Acclimation. (A) Any change in the temperature and chemistry of 
the water used for holding or culturing the test organisms to those of 
the test should be gradual. Within a 24-hour period, changes in water 
temperature should not exceed 1  deg.C, while salinity changes should 
not exceed 5 percent.
    (B) During acclimation mysids should be maintained in facilities 
with background colors and light intensities similar to those of the 
testing areas.
    (iii) Care and handling. Methods for the care and handling of mysids 
such as those described in paragraph (f)(1) of this section can be used 
during holding, culturing and testing periods.
    (iv) Feeding. Mysids should be fed during testing. Any food utilized 
should support survival, growth and reproduction of the mysids. A 
recommended food is live Artemia spp. nauplii (approximately 48 hours 
old).
    (2) Facilities--(i) Apparatus. (A) Facilities which may be needed to 
perform this test include: (1) flow-through or recirculating tanks for 
holding and acclimating mysids; (2) a mechanism for controlling and 
maintaining the water temperature during the holding,

[[Page 139]]

acclimation and test periods; (3) apparatus for straining particulate 
matter, removing gas bubbles, or aerating the water, as necessary; and 
(4) an apparatus for providing a 14-hour light and 10-hour dark 
photoperiod with a 15- to 30-minute transition period. In addition, 
flow-through chambers and a test substance delivery system are required. 
It is recommended that mysids be held in retention chambers within test 
chambers to facilitate observations and eliminate loss through outflow 
water.
    (B) Facilities should be well ventilated and free of fumes and 
disturbances that may affect test organisms.
    (C) Test chambers shall be loosely covered to reduce the loss of 
test solution or dilution water due to evaporation and to minimize the 
entry of dust or other particulates into the solutions.
    (ii) Cleaning. Test substance delivery systems and test chambers 
shall be cleaned before each use following standard laboratory 
practices.
    (iii) Construction materials. (A) Materials and equipment that 
contact test solutions should be chosen to minimize sorption of test 
chemicals from the dilution water and should not contain substances that 
can be leached into aqueous solution in quantities that can affect the 
test results.
    (B) Retention chambers utilized for confinement of test organisms 
can be constructed with netting material of appropriate mesh size.
    (iv) Dilution water. (A) Natural or artificial seawater is 
acceptable as dilution water if mysids will survive and successfully 
reproduce in it for the duration of the holding, acclimating and testing 
periods without showing signs of stress, such as reduced growth and 
fecundity. Mysids shall be cultured and tested in dilution water from 
the same origin.
    (B) Natural seawater shall be filtered through a filter with a pore 
size of >20 microns prior to use in a test.
    (C) Artificial seawater can be prepared by adding commercially 
available formulations or by adding specific amounts of reagent-grade 
chemicals to deionized or glass-distilled water. Deionized water with a 
conductivity less than 1  ohm/cm at 12  deg.C is acceptable as 
the diluent for making artificial seawater. When deionized water is 
prepared from a ground or surface water source, conductivity and total 
organic carbon (or chemical oxygen demand) shall be measured on each 
batch.
    (v) Test substance delivery system. Proportional diluters, metering 
pumps, or other suitable systems should be used to deliver test 
substance to the test chambers. The system used shall be calibrated 
before each test. Calibration includes determining the flow rate and the 
concentration of the test substance in each chamber. The general 
operation of the test substance delivery system should be checked twice 
daily during a test. The 24-hour flow rate through a chamber shall be 
equal to at least 5 times the volume of the chamber. The flow rates 
should not vary more than 10 percent among chambers or across time.
    (3) Test parameters. Environmental parameters of the water contained 
in test chambers shall be maintained as specified below:
    (i) The test temperature shall be 25  deg.C. Excursions from the 
test temperature shall be no greater than  2  deg.C.
    (ii) Dissolved oxygen concentration between 60 and 105 percent 
saturation. Aeration, if needed to achieve this level, shall be done 
before the addition of the test substance. All treatment and control 
chambers shall be given the same aeration treatment.
    (iii) The number of mysids placed in a test solution shall not be so 
great as to affect results of the test. Loading requirements for the 
test will vary depending on the flow rate of dilution water. The loading 
shall not cause the dissolved oxygen concentration to fall below the 
recommended levels.
    (iv) Photoperiod of 14 hours light and 10 hours darkness, with a 15-
30 minute transition period.
    (v) Salinity of 20 parts per thousand 3 percent.
    (e) Reporting. The sponsor shall submit to the EPA all data 
developed by the test that are suggestive or predictive of chronic 
toxicity and all concomitant toxicologic manifestations. In addition to 
the general reporting requirements prescribed in part 792--Good 
Laboratory Practice Standards of

[[Page 140]]

this chapter, the reporting of test data shall include the following:
    (1) The source of the dilution water, its chemical characteristics 
(e.g., salinity, pH, etc.) and a description of any pretreatment.
    (2) Detailed information about the test organisms, including the 
scientific name and method of verification, average length, age, source, 
history, observed diseases, treatments, acclimation procedures and food 
used.
    (3) A description of the test chambers, the depth and volume of 
solution in the chamber, the way the test was begun (e.g., conditioning, 
test substance additions, etc.), the number of organisms per treatment, 
the number of replicates, the loading, the lighting, the test substance 
delivery system, and the flow rate expressed as volume additions per 24 
hours.
    (4) The measured concentration of test substance in test chambers at 
the times designated.
    (5) The first time (day) that sexual characteristics can be observed 
in controls and in each test substance concentration.
    (6) The length of time for the appearance of the first brood for 
each concentration.
    (7) The means (average of replicates) and respective 95 percent 
confidence intervals for:
    (i) Body length of males and females at the first observation day 
(depending on time of sexual maturation) and on day 28.
    (ii) Cumulative number of young produced per female on day 28.
    (iii) Cumulative number of dead adults on day 7, 14, 21 and 28.
    (iv) If available prior to test termination (day 28), effects on G2 
mysids (number of males and females, body length of males and females 
and cumulative mortality).
    (8) The MATC is calculated as the geometric mean between the lowest 
measured test substance concentration that had a significant (P<0.05) 
effect and the highest measured test substance concentration that had no 
significant (P<0.05) effect in the chronic test. The most sensitive of 
the test criteria for adult (Gl) mysids (cumulative number of dead 
mysids, body lengths of males and females or the number of young per 
female) is used to calculate the MATC. The criterion selected for MATC 
computation is the one which exhibits an effect (a statistically 
significant difference between treatment and control groups; P<0.05) at 
the lowest test substance concentration for the shortest period of 
exposure. Appropriate statistical tests (analysis of variance, mean 
separation test) should be used to test for significant chemical 
effects. The statistical tests employed and the results of these tests 
shall be reported.
    (9) Concentration-response curves shall be fitted to the cumulative 
number of adult dead for days 7, 14, 21, and 28. A statistical test of 
goodness-of-fit shall be performed and the results reported.
    (10) An LC50 value based on the number of dead adults 
with corresponding 95 percent confidence intervals for days 7, 14, 21 
and 28. These calculations shall be made using the average measured 
concentration of the test substance.
    (11) Methods and data records of all chemical analyses of water 
quality and test substance concentrations, including method validations 
and reagent blanks.
    (12) The data records of the holding, acclimation and test 
temperature and salinity.
    (f) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) U.S. Environmental Protection Agency, ``Bioassay Procedures for 
the Ocean Disposal Permit Program,'' EPA Report No. 600/9-78-010

(Gulf Breeze, Florida, 1978).
    (2) [Reserved]

[50 FR 39321, Sept. 27, 1985, as amended at 52 FR 19069, May 20, 1987]



PART 798--HEALTH EFFECTS TESTING GUIDELINES--Table of Contents




Subpart A-B  [Reserved]

                     Subpart C--Subchronic Exposure

Sec.
798.2250  Dermal toxicity.
798.2450  Inhalation toxicity.
798.2650  Oral toxicity.

[[Page 141]]

                       Subpart D--Chronic Exposure

798.3260  Chronic toxicity.
798.3300  Oncogenicity.
798.3320  Combined chronic toxicity/oncogenicity.

                Subpart E--Specific Organ/Tissue Toxicity

798.4100  Dermal sensitization.
798.4350  Inhalation developmental toxicity study.
798.4700  Reproduction and fertility effects.
798.4900  Developmental toxicity study.

                       Subpart F--Genetic Toxicity

798.5195  Mouse biochemical specific locus test.
798.5200  Mouse visible specific locus test.
798.5265  The salmonella typhimurium reverse mutation assay.
798.5275  Sex-linked recessive lethal test in drosophila melanogaster.
798.5300  Detection of gene mutations in somatic cells in culture.
798.5375  In vitro mammalian cytogenetics.
798.5385  In vivo mammalian bone marrow cytogenetics tests: Chromosomal 
          analysis.
798.5395  In vivo mammalian bone marrow cytogenetics tests: Micronucleus 
          assay.
798.5450  Rodent dominant lethal assay.
798.5460  Rodent heritable translocation assays.
798.5500  Differential growth inhibition of repair proficient and repair 
          deficient bacteria: ``Bacterial DNA damage or repair tests.''
798.5955  Heritable translocation test in drosophila melanogaster.

                        Subpart G--Neurotoxicity

798.6050  Functional observational battery.
798.6200  Motor activity.
798.6400  Neuropathology.
798.6500  Schedule-controlled operant behavior.
798.6560  Subchronic delayed neurotoxicity of organophosphorus 
          substances.

    Authority: 15 U.S.C. 2603.

    Source: 50 FR 39397, Sept. 27, 1985, unless otherwise noted.

Subpart A-B  [Reserved]



                     Subpart C--Subchronic Exposure



Sec. 798.2250  Dermal toxicity.

    (a) Purpose. In the assessment and evaluation of the toxic 
characteristics of a chemical, the determination of subchronic dermal 
toxicity may be carried out after initial information on toxicity has 
been obtained by acute testing. The subchronic dermal study has been 
designed to permit the determination of the no-observed-effect level and 
toxic effects associated with continuous or repeated exposure to a test 
substance for a period of 90 days. The test is not capable of 
determining those effects that have a long latency period for 
development (e.g., carcinogenicity and life shortening). It provides 
information on health hazards likely to arise from repeated exposure by 
the dermal route over a limited period of time. It will provide 
information on target organs, the possibilities of accumulation, and can 
be of use in selecting dose levels for chronic studies and for 
establishing safety criteria for human exposure.
    (b) Definitions. (1) Subchronic dermal toxicity is the adverse 
effects occurring as a result of the repeated daily exposure of 
experimental animals to a chemical by dermal application for part 
(approximately 10 percent) of a life span.
    (2) Dose in a dermal test is the amount of test substance applied to 
the skin (applied daily in subchronic tests). Dose is expressed as 
weight of the substance (g, mg) per unit weight of test animal (e.g., 
mg/kg).
    (3) No-effect level/No-toxic-effect level/No-adverse-effect level/
No-observed-effect level is the maximum dose used in a test which 
produces no observed adverse effects. A no-observed-effect level is 
expressed in terms of the weight of a test substance given daily per 
unit weight of test animal (mg/kg).
    (4) Cumulative toxicity is the adverse effects of repeated doses 
occurring as a result of prolonged action on, or increased concentration 
of the administered test substance or its metabolites in susceptible 
tissues.
    (c) Principle of the test method. The test substance is applied 
daily to the skin in graduated doses to several groups of experimental 
animals, one dose level per unit group, for a period of 90 days. During 
the period of application the animals are observed daily to detect signs 
of toxicity. Animals which die during the test are necropsied, and at 
the conclusion of the test the surviving animals are sacrificed and

[[Page 142]]

necropsied and appropriate histopathological examinations carried out.
    (d) Limit test. If a test at one dose level of at least 1,000 mg/kg 
body weight (expected human exposure may indicate the need for a higher 
dose level), using the procedures described for this study, produces no 
observable toxic effects and if toxicity would not be expected based 
upon data of structurally related compounds, then a full study using 
three dose levels might not be necessary.
    (e) Test procedures--(1) Animal selection--(i) Species and strain. A 
mammalian species shall be used for testing. The rat, rabbit, or guinea 
pig may be used, although the albino rabbit is preferred. The albino 
rabbit is preferred because of its size, skin permeability, and 
extensive data base. Commonly used laboratory strains shall be employed. 
If another mammalian species is used, the tester shall provide 
justification/reasoning for its selection.
    (ii) Age. Young adult animals shall be used. The following weight 
ranges at the start of the test are suggested in order to provide 
animals of a size which facilitates the conduct of the test: rats, 200 
to 300 g; rabbits, 2.0 to 3.0 kg; guinea pigs, 350 to 450 g.
    (iii) Sex. (A) Equal numbers of animals of each sex with healthy 
skin shall be used at each dose level.
    (B) The females shall be nulliparous and nonpregnant.
    (iv) Numbers. (A) At least 20 animals (10 females and 10 males) 
shall be used at each dose level.
    (B) If interim sacrifices are planned, the number shall be increased 
by the number of animals scheduled to be sacrificed before completion of 
the study.
    (2) Control groups. A concurrent control group is required. This 
group shall be an untreated or sham-treated control group or, if a 
vehicle is used in administering the test substance, a vehicle control 
group. If the toxic properties of the vehicle are not known or cannot be 
made available, both untreated and vehicle control groups are required.
    (3) Satellite group. A satellite group of 20 animals (10 animals per 
sex) may be treated with the high dose level for 90 days and observed 
for reversibility, persistence, or delayed occurrence, of toxic effects 
for a posttreatment period of appropriate length, normally not less than 
28 days.
    (4) Dose level and dose selection. (i) In subchronic toxicity tests, 
it is desirable to have a dose-response relationship as well as a no-
observed-toxic-effect level. Therefore, at least 3 dose levels with a 
control and, where appropriate, a vehicle control (corresponding to the 
concentration of vehicle at the highest exposure level) shall be used. 
Doses should be spaced appropriately to produce test groups with a range 
of toxic effects. The data shall be sufficient to produce a dose-
response curve.
    (ii) The highest dose level should result in toxic effects but not 
produce severe skin irritation or an incidence of fatalities which would 
prevent a meaningful evaluation.
    (iii) The lowest dose level should not produce any evidence of 
toxicity. Where there is a usable estimation of human exposure, the 
lowest dose level should exceed this.
    (iv) Ideally, the intermediate dose level(s) should produce minimal 
observable toxic effects. If more than one intermediate dose is used, 
the dose levels should be spaced to produce a gradation of toxic 
effects.
    (v) In the low and intermediate groups and in the controls the 
incidence of fatalities should be low, to permit a meaningful evaluation 
of the results.
    (5) Exposure conditions. The animals are treated with test 
substance, ideally for at least 6 hours per day on a 7-day per week 
basis, for a period of 90 days. However, based primarily on practical 
considerations, application on a 5-day per week basis is considered to 
be acceptable.
    (6) Observation period. (i) Duration of observation shall be at 
least 90 days.
    (ii) Animals in the satellite group scheduled for followup 
observations should be kept for at least 28 days further without 
treatment to detect recovery from, or persistence of, toxic effects.
    (7) Preparation of animal skin. (i) Shortly before testing, fur 
shall be clipped from the dorsal area of the trunk of the test animals. 
Shaving may be employed, but it should be carried

[[Page 143]]

out approximately 24 hours before the test. Repeat clipping or shaving 
is usually needed at approximately weekly intervals. When clipping or 
shaving the fur, care should be taken to avoid abrading the skin, which 
could alter its permeability.
    (ii) Not less than 10 percent of the body surface area should be 
clear for the application of the test substance. The weight of the 
animal should be taken into account when deciding on the area to be 
cleared and on the dimensions of any covering used.
    (iii) When testing solids, which may be pulverized if appropriate, 
the test substance should be moistened sufficiently with water or, where 
necessary, a suitable vehicle to ensure good contact with the skin. When 
a vehicle is used, the influence of the vehicle on toxicity of and 
penetration of the skin by the test substance should be taken into 
account.
    (8) Application of the test substance. (i) The test substance shall 
be applied uniformly over an area which is approximately 10 percent of 
the total body surface area. With highly toxic substances, the surface 
area covered may be less, but as much of the area shall be covered with 
as thin and uniform a film as possible.
    (ii) During the exposure period, the test substance shall be held in 
contact with the skin with a porous gauze dressing and nonirritating 
tape. The test site shall be further covered in a suitable manner to 
retain the gauze dressing and test substance and ensure that the animals 
cannot ingest the test substance. Restrainers may be used to prevent the 
ingestion of the test substance, but complete immobilization is not a 
recommended method.
    (9) Observation of animals. (i) Each animal shall be observed daily, 
and if necessary handled to appraise its physical condition.
    (ii) Additional observations shall be made daily with appropriate 
actions taken to minimize loss of animals to the study (e.g., necropsy 
or refrigeration of those animals found dead and isolation or sacrifice 
of weak or moribund animals).
    (iii) Signs of toxicity shall be recorded as they are observed, 
including the time of onset, the degree, and duration.
    (iv) Cage-side observations shall include, but not be limited to, 
changes in skin and fur, eyes and mucous membranes, respiratory, 
circulatory, autonomic and central nervous systems, somatomotor activity 
and behavior pattern.
    (v) Animals shall be weighed weekly. Feed consumption shall also be 
determined weekly if abnormal body weight changes are observed.
    (vi) At the end of the study period, all survivors in the 
nonsatellite treatment groups shall be sacrificed. Moribund animals 
shall be removed and sacrificed when noticed.
    (10) Clinical examinations. (i) The following examinations shall be 
made on all animals of each sex in each group:
    (A) Certain hematology determinations shall be carried out at least 
two times during the test period on all groups of animals including 
concurrent controls: After 30 days of test and just prior to terminal 
sacrifice at the end of the test period. Hematology determinations which 
are appropriate to all studies: Hematocrit, hemoglobin concentration, 
erythrocyte count, total and differential leukocyte count, and a measure 
of clotting potential such as clotting time, prothrombin time, 
thromboplastin time, or platelet count.
    (B) Certain clinical biochemistry determinations on blood should be 
carried out at least two times during the test period on all groups of 
animals including concurrent controls: After 30 days of test and just 
prior to terminal sacrifice at the end of the test period. Clinical 
biochemistry test areas which are considered appropriate to all studies: 
Electrolyte balance, carbohydrate metabolism, and liver and kidney 
function. The selection of specific tests will be influenced by 
observations on the mode of action of the substance. Suggested 
determinations: Calcium, phosphorus, chloride, sodium, potassium, 
fasting glucose (with period of fasting appropriate to the species), 
serum glutamic pyruvic transaminase (now known as serum alanine 
aminotransferase), serum glutamic oxaloacetic transaminase (now known as 
serum aspartate aminotransferase), ornithine decarboxylase, gamma 
glutamyl

[[Page 144]]

transpeptidase, urea nitrogen, albumen blood creatinine, total 
bilirubin, and total serum protein measurements. Other determinations 
which may be necessary for an adequate toxicological evaluation include: 
Analyses of lipids, hormones, acid/base balance, methemoglobin, and 
cholinesterase activity. Additional clinical biochemistry may be 
employed, where necessary, to extend the investigation of observed 
effects.
    (ii) The following examinations shall be made on high dose and 
control groups. If changes in the eyes are detected all animals should 
be examined.
    (A) Ophthalmological examination, using an ophthalmoscope or 
equivalent suitable equipment, shall be made prior to exposure to the 
test substance and at the termination of the study.
    (B) Urinalysis is not recommended on a routine basis, but only when 
there is an indication based on expected or observed toxicity.
    (11) Gross necropsy. (i) All animals shall be subjected to a full 
gross necropsy which includes examination of the external surface of the 
body, all orifices, and the cranial, thoracic, and abdominal cavities 
and their contents.
    (ii) The liver, kidneys, adrenals, brain, and gonads shall be 
weighed wet, as soon as possible after dissection, to avoid drying. In 
addition, for the rodent, the brain; for the non-rodent, the thyroid 
with parathyroids also shall be weighed wet.
    (iii) The following organs and tissues, or representative samples 
thereof, shall be preserved in a suitable medium for possible future 
histopathological examination: All gross lesions; lungs--which should be 
removed intact, weighed, and treated with a suitable fixative to ensure 
that lung structure is maintained (perfusion with the fixative is 
considered to be an effective procedure); nasopharyngeal tissues; 
brain--including sections of medulla/pons, cerebellar cortex, and 
cerebral cortex; pituitary; thyroid/parathyroid; thymus; trachea; heart; 
sternum with bone marrow; salivary glands; liver; spleen; kidneys; 
adrenals; pancreas; gonads; uterus; accessory genital organs 
(epididymis, prostate, and, if present, seminal vesicles); aorta; 
(skin); gall bladder (if present); esophagus; stomach; duodenum; 
jejunum; ileum; cecum; colon; rectum; urinary bladder; representative 
lymph node; (mammary gland); (thigh musculature); peripheral nerve; 
(eyes); (femur--including articular surface); (spinal cord at three 
levels--cervical, midthoracic, and lumbar); and (zymbal and exorbital 
lachrymal glands).
    (12) Histopathology. The following histopathology shall be 
performed:
    (i) Full histopathology on normal and treated skin and on organs and 
tissues, listed above, of all animals in the control and high dose 
groups.
    (ii) All gross lesions in all animals.
    (iii) Target organs in all animals.
    (iv) The tissues listed in parenthesis in paragraph (e)(11)(iii) of 
this section, if indicated by signs of toxicity or expected target organ 
involvement.
    (v) Lungs of animals (rodents) in the low and intermediate dose 
groups shall be subjected to histopathological examination for evidence 
of infection, since this provides a convenient assessment of the state 
of health of the animals.
    (vi) When a satellite group is used, histopathology shall be 
performed on tissues and organs identified as showing effects in the 
treated groups.
    (f) Data and reporting--(1) Treatment of results. (i) Data shall be 
summarized in tabular form, showing for each test group the number of 
animals at the start of the test, the number of animals showing lesions, 
the types of lesions, and the percentage of animals displaying each type 
of lesion.
    (ii) All observed results, quantitative and incidental, should be 
evaluated by an appropriate statistical method. Any generally accepted 
statistical method may be used; the statistical methods should be 
selected during the design of the study.
    (2) Evaluation of results. The findings of a subchronic dermal 
toxicity study should be evaluated in conjunction with the findings of 
preceding studies and considered in terms of the observed toxic effects 
and the necropsy and histopathological findings. The evaluation should 
include the relationship between the dose of the test substance and the 
presence or absence, the incidence and severity, of abnormalities,

[[Page 145]]

including behavioral and clinical abnormalities, gross lesions, 
identified target organs, body weight changes, effect on mortality and 
any other general or specific toxic effects. A properly conducted 
subchronic test should provide a satisfactory estimation of a no-effect 
level.
    (3) Test report. In addition to the reporting requirements as 
specified in the EPA Good Laboratory Practice Standards under 40 CFR 
part 792, subpart J, the following specific information shall be 
reported.
    (i) Group animal data. Tabulation of toxic response data by species, 
strain, sex and exposure level for:
    (A) Number of animals dying.
    (B) Number of animals showing signs of toxicity.
    (C) Number of animals exposed.
    (ii) Individual animal data. (A) Date of death during the study or 
whether animals survived to termination.
    (B) Date of observation of each abnormal sign and its subsequent 
course.
    (C) Body weight data.
    (D) Feed consumption data when collected.
    (E) Hematological tests employed and all results.
    (F) Clinical biochemistry tests employed and all results.
    (G) Necropsy findings.
    (H) Detailed description of all histopathological findings.
    (I) Statistical treatment of results where appropriate.
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Draize, J.H. ``Dermal toxicity,'' Appraisal of Chemicals in 
Food, Drugs and Cosmetics. The Association of Food and Drug Officials of 
the United States (1959, 3rd printing 1975). pp. 46-59.
    (2) Fitzhugh, O.G. ``Subacute toxicity,'' Appraisal of the Safety of 
Chemicals in Foods, Drugs and Cosmetics. The Association of Food and 
Drug Officials of the United States (1959, 3rd printing 1975). pp. 26-
35.
    (3) National Academy of Sciences. ``Principles and Procedures for 
Evaluating the Toxicity of Household Substances,'' a report prepared by 
the Committee for the Revision of NAS Publication 1138, under the 
auspices of the Committee on Toxicology, National Research Council, 
National Academy of Sciences, Washington, DC (1977).
    (4) World Health Organization. ``Part I. Environmental Health 
Criteria 6,''Principles and Methods for Evaluating the Toxicity of 
Chemicals. (Geneva: World Health Organization, 1978).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19072, May 20, 1987; 
53 FR 49149, Dec. 6, 1988; 54 FR 21064, May 16, 1989]



Sec. 798.2450  Inhalation toxicity.

    (a) Purpose. In the assessment and evaluation of the toxic 
characteristics of a gas, volatile substance, or aerosol/particulate, 
determination of subchronic inhalation toxicity may be carried out after 
initial information on toxicity has been obtained by acute testing. The 
subchronic inhalation study has been designed to permit the 
determination of the no-observed-effect level and toxic effects 
associated with continuous or repeated exposure to a test substance for 
a period of 90 days. The test is not capable of determining those 
effects that have a long latency period for development (e.g., 
carcinogenicity and life shortening). It provides information on health 
hazards likely to arise from repeated exposures by the inhalation route 
over a limited period of time. It will provide information on target 
organs, the possibilities of accumulation, and can be of use in 
selecting dose levels for chronic studies and for establishing safety 
criteria for human exposure. Hazards of inhaled substances are 
influenced by the inherent toxicity and by physical factors such as 
volatility and particle size.
    (b) Definitions. (1) Subchronic inhalation toxicity is the adverse 
effects occurring as a result of the repeated daily exposure of 
experimental animals to a chemical by inhalation for part (approximately 
10 percent) of a life span.
    (2) Aerodynamic diameter applies to the size of particles of 
aerosols. It is the diameter of a sphere of unit density which behaves 
aerodynamically as the particle of the test substance. It is used to 
compare particles of different size and densities and to predict where 
in the respiratory tract such particles may be deposited. This term is 
used in

[[Page 146]]

contrast to measured or geometric diameter which is representative of 
actual diameters which in themselves cannot be related to deposition 
within the respiratory tract.
    (3) The geometric mean diameter or the median diameter is the 
calculated aerodynamic diameter which divides the particles of an 
aerosol in half based on the weight of the particles. Fifty percent of 
the particles by weight will be larger than the median diameter and 50 
percent of the particles will be smaller than the median diameter. The 
median diameter describes the particle size distribution of any aerosol 
based on the weight and size of the particles.
    (4) Inhalable diameter refers to that aerodynamic diameter of a 
particle which is considered to be inhalable for the organism. It is 
used to refer to particles which are capable of being inhaled and may be 
deposited anywhere within the respiratory tract from the trachea to the 
alveoli. For man, inhalable diameter is considered as 15 micrometers or 
less.
    (5) Dose refers to an exposure level. Exposure is expressed as 
weight or volume of test substance per volume of air (mg/l), or as parts 
per million (ppm).
    (6) No-effect level/No-toxic-effect level/No-adverse-effect level/
No-observed-effect level is the maximum dose used in a test which 
produces no observed adverse effects. A no-observed-effect level is 
expressed in terms of weight or volume of test substance given daily per 
unit volume of air (mg/l or ppm).
    (7) Cumulative toxicity is the adverse effects of repeated doses 
occuring as a result of prolonged action on, or increased concentration 
of the administered test substance or its metabolites in susceptible 
tissues.
    (c) Principle of the test method. Several groups of experimental 
animals are exposed daily for a defined period to the test substance in 
graduated concentrations, one concentration being used per group, for a 
period of 90 days. During the period of administration, the animals are 
observed daily to detect signs of toxicity. Animals which die during the 
test are necropsied and at the conclusion of the test, surviving animals 
are sacrificed and necropsied and appropriate histopathological 
examinations carried out.
    (d) Test procedures--(1) Animal selection--(i) Species and strain. A 
mammalian species shall be used for testing. A variety of rodent species 
may be used, although the rat is the preferred species. Commonly used 
laboratory strains shall be employed. If another mammalian species is 
used, the tester shall provide justification/ reasoning for its 
selection.
    (ii) Age. Young adult animals shall be used. At the commencement of 
the study the weight variation of animals shall not exceed 
20 percent of the mean weight for each sex.
    (iii) Sex. (A) Equal numbers of animals of each sex shall be used at 
each dose level.
    (B) Females shall be nulliparous and nonpregnant.
    (iv) Numbers. (A) At least 20 rodents (10 females and 10 males) 
shall be used for each test group. If another mammalian species is 
selected (e.g. dog, rabbit, or non-human primate), at least 8 animals (4 
males and 4 females) shall be used.
    (B) If interim sacrifices are planned, the number of animals shall 
be increased by the number of animals scheduled to be sacrificed before 
the completion of the study.
    (2) Control groups. A concurrent control group is required. This 
group shall be an untreated or sham-treated control group. Except for 
treatment with the test substance, animals in the control group shall be 
handled in a manner identical to the test group animals. Where a vehicle 
is used to help generate an appropriate concentration of the substance 
in the atmosphere, a vehicle control group shall be used. If the toxic 
properties of the vehicle are not known or cannot be made available, 
both untreated and vehicle control groups are required.
    (3) Satellite group. A satellite group of 20 animals (10 animals per 
sex) may be treated with the high concentration level for 90 days and 
observed for reversibility, persistence, or delayed occurrence of toxic 
effects for a post-treatment period of appropriate length, normally not 
less than 28 days.

[[Page 147]]

    (4) Dose levels and dose selection. (i) In subchronic toxicity 
tests, it is desirable to have a concentration-response relationship as 
well as a no-observed-toxic-effect level. Therefore, at least 3 
concentration levels with a control and, where appropriate, a vehicle 
control (corresponding to the concentration of vehicle at the highest 
exposure level) shall be used. Concentrations should be spaced 
appropriately to produce test groups with a range of toxic effects. The 
data should be sufficient to produce a concentration-response curve.
    (ii) The highest concentration should result in toxic effects but 
not produce an incidence of fatalities which would prevent a meaningful 
evaluation.
    (iii) The lowest concentration should not produce any evidence of 
toxicity. Where there is a usable estimation of human exposure the 
lowest concentration should exceed this.
    (iv) Ideally, the intermediate concentration level(s) should produce 
minimal observable toxic effects. If more than one intermediate 
concentration level is used, the concentrations should be spaced to 
produce a gradation of toxic effects.
    (v) In the low and intermediate groups and in the controls the 
incidence of fatalities should be low, to permit a meaningful evaluation 
of the results.
    (vi) In the case of potentially explosive test substances, care 
should be taken to avoid generating explosive concentrations.
    (5) Exposure conditions. The animals should be exposed to the test 
substance, ideally for 6 hours per day on a 7-day per week basis, for a 
period of 90 days. However, based primarily on practical considerations, 
exposure on a 5-day-per-week basis for 6 hours per day is the minimum 
acceptable exposure period.
    (6) Observation period. (i) Duration of observation shall be for at 
least 90 days.
    (ii) Animals in a satellite group scheduled for followup 
observations should be kept for at least 28 days further without 
treatment to detect recovery from, or persistence of, toxic effects.
    (7) Inhalation exposure. (i) The animals shall be tested in 
inhalation equipment designed to sustain a minimum dynamic air flow of 
12 to 15 air changes per hour and ensure an adequate oxygen content of 
19 percent and an evenly distributed exposure atmosphere. Where a 
chamber is used, its design should minimize crowding of the test animals 
and maximize their exposure to the test substance. This is best 
accomplished by individual caging. To ensure stability of a chamber 
atmosphere, the total ``volume'' of the test animals shall not exceed 5 
percent of the volume of the test chamber. Oronasal or head-only 
exposure may be used if it is desirable to avoid concurrent exposure by 
the dermal or oral routes.
    (ii) A dynamic inhalation system with a suitable flow control system 
shall be used. The rate of air flow shall be adjusted to ensure that 
conditions throughout the exposure chamber are essentially the same. 
Maintenance of slight negative pressure inside the chamber will prevent 
leakage of the test substance into surrounding areas.
    (iii) The temperature at which the test is performed should be 
maintained at 22  deg.C (2 deg.). Ideally, the relative 
humidity should be maintained between 40 to 60 percent, but in certain 
instances (e.g., tests of aerosols, use of water vehicle) this may not 
be practicable.
    (8) Physical measurements. Measurements or monitoring shall be made 
of the following:
    (i) The rate of air flow shall be monitored continuously and 
recorded at least every 30 minutes.
    (ii) The actual concentrations of the test substance shall be 
measured in the breathing zone. During the exposure period the actual 
concentrations of the test substance shall be held as constant as 
practicable, monitored continuously or intermittently depending on the 
method of analysis, and recorded at least at the beginning, at an 
intermediate time, and at the end of the exposure period.
    (iii) During the development of the generating system, particle size 
analysis shall be performed to establish the stability of aerosol 
concentrations

[[Page 148]]

with respect to particle size. During exposure, analysis shall be 
conducted as often as necessary to determine the consistency of particle 
size distribution.
    (iv) Temperature and humidity shall be monitored continuously but 
shall be recorded at least every 30 minutes.
    (9) Feed and water during exposure period. Feed shall be withheld 
during exposure. Water may also be withheld during exposure.
    (10) Observation of animals. (i) Each animal shall be observed daily 
and, if necessary, handled to appraise its physical condition.
    (ii) Additional observations should be made daily with appropriate 
actions taken to minimize loss of animals to the study (e.g., necropsy 
or refrigeration of those animals found dead and isolation or sacrifice 
of weak or moribund animals).
    (iii) Signs of toxicity shall be recorded as they are observed 
including the time of onset, the degree, and duration.
    (iv) Cage-side observations should include, but not be limited to, 
changes in the skin and fur, eyes and mucous membranes, respiratory, 
circulatory, autonomic and central nervous systems, somatomotor activity 
and behavior pattern.
    (v) Animals shall be weighed weekly. Feed consumption shall also be 
determined weekly if abnormal body weight changes are observed.
    (vi) At the end of the study period all survivors in the 
nonsatellite treatment groups shall be sacrificed. Moribund animals 
shall be removed and sacrificed when noticed.
    (11) Clinical examinations. (i) The following examinations shall be 
made on all animals of each sex in each group:
    (A) Certain hematology determinations shall be carried out at least 
two times during the test period on all groups of animals including 
concurrent controls: After 30 days of test and just prior to terminal 
sacrifice at the end of the test period. Hematology determinations which 
are appropriate to all studies: Hematocrit, hemoglobin concentration, 
erythrocyte count, total and differential leukocyte count, and a measure 
of clotting potential such as clotting time, prothrombin time, 
thromboplastin time, or platelet count.
    (B) Certain clinical biochemistry determinations on blood should be 
carried out at least two times during the test period on all groups of 
animals including concurrent controls: After 30 days of test and just 
prior to terminal sacrifice at the end of the test period. Clinical 
biochemistry test areas which are considered appropriate to all studies: 
Electrolyte balance, carbohydrate metabolism, and liver and kidney 
function. The selection of specific tests will be influenced by 
observations on the mode of action of the substance. Suggested 
determinations: calcium, phosphorus, chloride, sodium, potassium, 
fasting glucose (with period of fasting appropriate to the species), 
serum glutamic-pyruvic transaminase, (now known as serum alanine 
aminotransferase), serum glutamic-oxaloacetic transaminase (now known as 
serum aspartate aminotransferase), ornithine decarboxylase, gamma 
glutamyl transpeptidase, urea nitrogen, albumen, blood creatinine, total 
bilirubin, and total serum protein measurements. Other determinations 
which may be necessary for an adequate toxicological evaluation include: 
Analyses of lipids, hormones, acid/base balance, methemoglobin, and 
cholinesterase activity. Additional clinical biochemistry may be 
employed, where necessary, to extend the investigation of observed 
effects.
    (ii) The following examinations shall be made on high dose and 
control groups. If changes in the eyes are detected, all animals shall 
be examined:
    (A) Ophthalmological examination, using an ophthalmoscope or 
equivalent suitable equipment, shall be made prior to exposure to the 
test substance and at the termination of the study.
    (B) Urinalysis is not recommended on a routine basis, but only when 
there is an indication based on expected and/or observed toxicity.
    (12) Gross pathology. (i) All animals shall be subjected to a full 
gross necropsy which includes examination of the external surface of the 
body, all orifices and the cranial, thoracic, and abdominal cavities and 
their contents.
    (ii) At least the liver, kidneys, adrenals, brain, and gonads shall 
be

[[Page 149]]

weighed wet, as soon as possible after dissection to avoid drying. In 
addition, for the rodent, the brain; for the non-rodent, the thyroid 
with parathyroids also shall be weighed wet.
    (iii) The following organs and tissues, or representative samples 
thereof, shall be preserved in a suitable medium for possible future 
histopathological examination: All gross lesions; lungs--which should be 
removed intact, weighed, and treated with a suitable fixative to ensure 
that lung structure is maintained (perfusion with the fixative is 
considered to be an effective procedure); nasopharyngeal tissues; 
brain--including sections of medulla/pons cerebellar cortex and cerebral 
cortex; pituitary; thyroid/parathyroid; thymus; trachea; heart; sternum 
with bone marrow; salivary glands; liver; spleen; kidneys; adrenals; 
pancreas; gonads; uterus; accessory genital organs (epididymis, 
prostate, and, if present, seminal vesicles); aorta; (skin); gall 
bladder (if present); esophagus; stomach; duodenum; jejunum; ileum; 
cecum; colon; rectum; urinary bladder; representative lymph node; 
(mammary gland); (thigh musculature); peripheral nerve; (eyes); (femur--
including articular surface); (spinal cord at three levels--cervical, 
midthoracic, and lumbar); and (zymbal and exorbital lachrymal glands).
    (13) Histopathology. The following histopathology shall be 
performed:
    (i) Full histopathology on the respiratory tract and other organs 
and tissues, listed above, of all animals in the control and high dose 
groups.
    (ii) All gross lesions in all animals.
    (iii) Target organs in all animals.
    (iv) The tissues mentioned in brackets (listed above) if indicated 
by signs of toxicity or target organ involvement.
    (v) Lungs of animals (rodents) in the low and intermediate dose 
groups shall also be subjected to histopathological examination, 
primarily for evidence of infection since this provides a convenient 
assessment of the state of health of the animals.
    (vi) When a satellite group is used, histopathology shall be 
performed on tissues and organs identified as showing effects in the 
treated groups.
    (e) Data and reporting--(1) Treatment of results. (i) Data shall be 
summarized in tabular form, showing for each test group the number of 
animals at the start of the test, the number of animals showing lesions, 
the types of lesions, and the percentage of animals displaying each type 
of lesion.
    (ii) All observed results, quantitative and incidental, should be 
evaluated by an appropriate statistical method. Any generally accepted 
statistical method may be used; the statistical methods should be 
selected during the design of the study.
    (2) Evaluation of results. The findings of the subchronic inhalation 
toxicity study should be evaluated in conjunction with the findings of 
preceding studies and considered in terms of the observed toxic effects 
and the necropsy and histopathological findings. The evaluation will 
include the relationship between the concentration of the test substance 
and duration of exposure, and the presence or absence, the incidence and 
severity, of abnormalities, including behavioral and clinical 
abnormalities, gross lesions, identified target organs, body weight 
changes, effects on mortality and any other general or specific toxic 
effects. A properly conducted subchronic test should provide a 
satisfactory estimation of a no-effect level.
    (3) Test report. In addition to the reporting requirements as 
specified under EPA Good Laboratory Practice Standards, 40 CFR part 792, 
subpart J, the following specific information shall be reported:
    (i) Test conditions. (A) Description of exposure apparatus, 
including design, type, dimensions, source of air, system for generating 
particulates and aerosols, method of conditioning air, treatment of 
exhaust air, and the method of housing animals in a test chamber.
    (B) The equipment for measuring temperature, humidity, and 
particulate aerosol concentrations and size shall be described.
    (ii) Exposure data. These shall be tabulated and presented with mean 
values and measure of variability (e.g., standard deviation) and shall 
include:
    (A) Airflow rates through the inhalation equipment.

[[Page 150]]

    (B) Temperature and humidity of air.
    (C) Nominal concentration (total amount of test substance fed into 
the inhalation equipment divided by volume of air).
    (D) Actual concentration in test breathing zone.
    (E) Particle size distribution (e.g., median aerodynamic diameter of 
particles with standard deviation from the mean).
    (iii) Group animal data. Tabulation of toxic response data by 
species, strain, sex, and exposure level for:
    (A) Number of animals dying.
    (B) Number of animals showing signs of toxicity.
    (C) Number of animals exposed.
    (iv) Individual animal data. (A) Date of death during the study or 
whether animals survived to termination.
    (B) Date of observation of each abnormal sign and its subsequent 
course.
    (C) Body weight data.
    (D) Feed consumption data when collected.
    (E) Hematological tests employed and all results.
    (F) Clinical biochemistry tests employed and all results.
    (G) Necropsy findings.
    (H) Detailed description of all histopathological findings.
    (I) Statistical treatment of results where appropriate.
    (f) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Cage, J.C. ``Experimental Inhalation Toxicology,'' Methods in 
Toxicology. Ed. G.E. Paget. (Philadelphia: F.A. Davis Co. 1970, pp. 258-
277.
    (2) Casarett, L.J., Doull, J. ``Chapter 9.'' Toxicology: The Basic 
Science of Poisons (New York: Macmillan Publishing Co. Inc. 1975).
    (3) MacFarland, H.N. ``Respiratory Toxicology,'' Essays in 
Toxicology. Ed. W.J. Hayes. Vol. 7 (New York: Academic Press, 1976) pp. 
121-154.
    (4) National Academy of Sciences. ``Principles and Procedures for 
Evaluating the Toxicity of Household Substances,'' a report prepared by 
the Committee for the Revision of NAS Publication 1138, under the 
auspices of the Committee on Toxicology, National Research Council, 
National Academy of Sciences, Washington, DC (1977).
    (5) World Health Organization. ``Part I. Environmental Health 
Criteria 6,'' Principles and Methods for Evaluating the Toxicity of 
Chemicals. (Geneva: World Health Organization, 1978).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19073, May 20, 1987; 
52 FR 26150, July 13, 1987; 53 FR 49150, Dec. 6, 1988; 54 FR 21064, May 
16, 1989]



Sec. 798.2650  Oral toxicity.

    (a) Purpose. In the assessment and evaluation of the toxic 
characteristics of a chemical, the determination of subchronic oral 
toxicity may be carried out after initial information on toxicity has 
been obtained by acute testing. The subchronic oral study has been 
designed to permit the determination of the no-observed-effect level and 
toxic effects associated with continuous or repeated exposure to a test 
substance for a period of 90 days. The test is not capable of 
determining those effects that have a long latency period for 
development (e.g., carcinogenicity and life shortening). It provides 
information on health hazards likely to arise from repeated exposure by 
the oral route over a limited period of time. It will provide 
information on target organs, the possibilities of accumulation, and can 
be of use in selecting dose levels for chronic studies and for 
establishing safety criteria for human exposure.
    (b) Definitions. (1) Subchronic oral toxicity is the adverse effects 
occurring as a result of the repeated daily exposure of experimental 
animals to a chemical by the oral route for a part (approximately 10 
percent) of a life span.
    (2) Dose is the amount of test substance administered. Dose is 
expressed as weight of test substance (g, mg) per unit weight of test 
animal (e.g., mg/kg), or as weight of test substance per unit weight of 
food or drinking water.
    (3) No-effect level/No-toxic-effect level/No-adverse-effect level/
No-observed-effect level is the maximum dose used in a test which 
produces no observed adverse effects. A no-observed-effect level is 
expressed in terms of the weight of a substance given daily per unit 
weight of test animal (mg/kg).

[[Page 151]]

When administered to animals in food or drinking water the no-observed-
effect level is expressed as mg/kg of food or mg/ml of water.
    (4) Cumulative toxicity is the adverse effects of repeated doses 
occurring as a result of prolonged action on, or increased concentration 
of, the administered test substance or its metabolites in susceptible 
tissue.
    (c) Principle of the test method. The test substance is administered 
orally in graduated daily doses to several groups of experimental 
animals, one dose level per group, for a period of 90 days. During the 
period of administration the animals are observed daily to detect signs 
of toxicity. Animals which die during the period of administration are 
necropsied. At the conclusion of the test all animals are necropsied and 
histo-pathological examinations carried out.
    (d) Limit test. If a test at one dose level of at least 1,000 mg/kg 
body weight (expected human exposure may indicate the need for a higher 
dose level), using the procedures described for this study, produces no 
observable toxic effects and if toxicity would not be expected based 
upon data of structurally related compounds, then a full study using 
three dose levels might not be necessary.
    (e) Test procedures--(1) Animal selection--(i) Species and strain. A 
mammalian species shall be used for testing. A variety of rodent species 
may be used, although the rat is the preferred species. Commonly used 
laboratory strains shall be employed. The commonly used nonrodent 
species is the dog, preferably of a defined breed; the beagle is 
frequently used. If other mammalian species are used, the tester shall 
provide justification/reasoning for his or her selection.
    (ii) Age--(A) General. Young adult animals shall be employed. At the 
commencement of the study the weight variation of animals used shall not 
exceed  20 percent of the mean weight for each sex.
    (B) Rodents. Dosing shall begin as soon as possible after weaning, 
ideally before the rats are 6, and in any case, not more than 8 weeks 
old.
    (C) Non-rodent. In the case of the dog, dosing shall commence after 
acclimatization, preferably at 4 to 6 months and not later than 9 months 
of age.
    (iii) Sex. (A) Equal numbers of animals of each sex shall be used at 
each dose level.
    (B) The females shall be nulliparous and nonpregnant.
    (iv) Numbers--(A) Rodents. At least 20 animals (10 females and 10 
males) shall be used at each dose level.
    (B) Non-rodents. At least eight animals (four females and four 
males) shall be used at each dose level.
    (C) If interim sacrifices are planned, the number shall be increased 
by the number of animals scheduled to be sacrificed before the 
completion of the study.
    (2) Control groups. A concurrent control group is required. This 
group shall be an untreated or sham-treated control group or, if a 
vehicle is used in administering the test substance, a vehicle control 
group. If the toxic properties of the vehicle are not known or cannot be 
made available, both untreated and vehicle control groups are required.
    (3) Satellite group. (Rodent) A satellite group of 20 animals (10 
animals per sex) may be treated with the high dose level for 90 days and 
observed for reversibility, persistence, or delayed occurrence of toxic 
effects for a post-treatment period of appropriate length, normally not 
less than 28 days.
    (4) Dose levels and dose selection. (i) In subchronic toxicity 
tests, it is desirable to have a dose response relationship as well as a 
no-observed-toxic-effect level. Therefore, at least 3 dose levels with a 
control and, where appropriate, a vehicle control (corresponding to the 
concentration of vehicle at the highest exposure level) shall be used. 
Doses should be spaced appropriately to produce test groups with a range 
of toxic effects. The data should be sufficient to produce a dose-
response curve.
    (ii) The highest dose level in rodents should result in toxic 
effects but not produce an incidence of fatalities which would prevent a 
meaningful evaluation; for non-rodents there should be no fatalities.
    (iii) The lowest dose level should not produce any evidence of 
toxicity. Where there is a usable estimation of

[[Page 152]]

human exposure the lowest dose level should exceed this.
    (iv) Ideally, the intermediate dose level(s) should produce minimal 
observable toxic effects. If more than one intermediate dose is used, 
the dose levels should be spaced to produce a gradation of toxic 
effects.
    (v) For rodents, the incidence of fatalities in low and intermediate 
dose groups and in the controls should be low, to permit a meaningful 
evaluation of the results; for non-rodents, there should be no 
fatalities.
    (5) Exposure conditions. The animals are dosed with the test 
substance ideally on a 7-day per week basis over a period of 90 days. 
However, based primarily on practical considerations, dosing in gavage 
or capsule studies on a 5-day per week basis is considered to be 
acceptable.
    (6) Observation period. (i) Duration of observation shall be for at 
least 90 days.
    (ii) Animals in the satellite group scheduled for followup 
observations should be kept for at least 28 days further without 
treatment to detect recovery from, or persistence of, toxic effects.
    (7) Administration of the test substance. (i) The test substance may 
be administered in the diet or in capsules. In addition, for rodents it 
may also be administered by gavage or in the drinking water.
    (ii) All animals shall be dosed by the same method during the entire 
experimental period.
    (iii) Where necessary, the test substance is dissolved or suspended 
in a suitable vehicle. If a vehicle or diluent is needed, ideally it 
should not elicit important toxic effects itself nor substantially alter 
the chemical or toxicological properties of the test substance. It is 
recommended that wherever possible the usage of an aqueous solution be 
considered first, followed by consideration of a solution of oil and 
then by possible solution in other vehicles.
    (iv) For substances of low toxicity, it is important to ensure that 
when administered in the diet the quantities of the test substance 
involved do not interfere with normal nutrition. When the test substance 
is administered in the diet either a constant dietary concentration 
(ppm) or a constant dose level in terms of the animals' body weight 
shall be used; the alternative used shall be specified.
    (v) For a substance administered by gavage or capsule, the dose 
shall be given at approximately the same time each day, and adjusted at 
intervals (weekly or bi-weekly) to maintain a constant dose level in 
terms of animal body weight.
    (8) Observation of animals. (i) Each animal shall be observed daily 
and, if necessary, handled to appraise its physical condition.
    (ii) Additional observations shall be made daily with appropriate 
actions taken to minimize loss of animals to the study (e.g., necropsy 
or refrigeration of those animals found dead and isolation or sacrifice 
of weak or moribund animals).
    (iii) Signs of toxicity shall be recorded as they are observed 
including the time of onset, degree and duration.
    (iv) Cage-side observations shall include, but not be limited to, 
changes in skin and fur, eyes and mucous membranes, respiratory, 
circulatory, autonomic and central nervous systems, somatomotor activity 
and behavior pattern.
    (v) Measurements shall be made weekly of feed consumption or water 
consumption when the test substance is administered in the feed or 
drinking water, respectively.
    (vi) Animals shall be weighed weekly.
    (vii) At the end of the 90-day period all survivors in the 
nonsatellite treatment groups shall be sacrificed. Moribund animals 
shall be removed and sacrificed when noticed.
    (9) Clinical examinations. (i) The following examinations shall be 
made on all animals of each sex in each group for rodents and all 
animals when non-rodents are used as test animals.
    (A) Certain hematology determinations shall be carried out at least 
two times during the test period on all groups of animals including 
concurrent controls: After 30 days of test and just prior to terminal 
sacrifice at the end of the test period. Hematology determinations which 
are appropriate to all studies: Hematocrit, hemoglobin concentration, 
erythrocyte count, total

[[Page 153]]

and differential leukocyte count, and a measure of clotting potential 
such as clotting time, prothrombin time, thromboplastin time, or 
platelet count.
    (B) Certain clinical biochemistry determinations on blood should be 
carried out at least two times during the test period on all groups of 
animals including concurrent controls: After 30 days of test and just 
prior to terminal sacrifice at the end of the test period. Clinical 
biochemistry test areas which are considered appropriate to all studies: 
Electrolyte balance, carbohydrate metabolism, and liver and kidney 
function. The selection of specific tests will be influenced by 
observations on the mode of action of the substance. Suggested 
determinations: Calcium, phosphorus, chloride, sodium, potassium, 
fasting glucose (with period of fasting appropriate to the species), 
serum glutamic-pyruvic transaminase (now known as serum alanine 
aminotransferase), serum glutamic oxaloacetic transaminase (now known as 
serum aspartate aminotransferase), ornithine decarboxylase, gamma 
glutamyl transpeptidase, urea nitrogen, albumen, blood creatinine, total 
bilirubin, and total serum protein measurements. Other determinations 
which may be necessary for an adequate toxicological evaluation include: 
Analyses of lipids, hormones, acid/base balance, methemoglobin, and 
cholinesterase activity. Additional clinical biochemistry may be 
employed, where necessary, to extend the investigation of observed 
effects.
    (ii) The following examinations shall be made on high dose and 
control groups. If changes in the eyes are detected, all animals should 
be examined.
    (A) Ophthalmological examination, using an ophthalmoscope or 
equivalent suitable equipment, shall be made prior to the administration 
of the test substance and at the termination of the study.
    (B) Urinalysis is not recommended on a routine basis, but only when 
there is an indication based on expected and or observed toxicity.
    (10) Gross necropsy. (i) All animals shall be subjected to a full 
gross necropsy which includes examination of the external surface of the 
body, all orifices, and the cranial, thoracic and abdominal cavities and 
their contents.
    (ii) At least the liver, kidneys, adrenals, and gonads shall be 
weighed wet, as soon as possible after dissection to avoid drying. In 
addition, for the rodent, the brain; for the non-rodent, the thyroid 
with parathyroids also shall be weighed wet.
    (iii) The following organs and tissues, or representative samples 
thereof, shall be preserved in a suitable medium for possible future 
histopathological examination: All gross lesions; lungs--which should be 
removed intact, weighed, and treated with a suitable fixative to ensure 
that lung structure is maintained (perfusion with the fixative is 
considered to be an effective procedure); nasopharyngeal tissues; 
brain-- including sections of medulla/pons, cerebellar cortex, and 
cerebral cortex; pituitary; thyroid/parathyroid; thymus; trachea; heart; 
sternum with bone marrow; salivary glands; liver; spleen; kidneys; 
adrenals; pancreas; gonads; uterus; accessory genital organs 
(epididymis, prostate, and, if present, seminal vesicles); aorta; 
(skin); gall bladder (if present); esophagus; stomach; duodenum; 
jejunum; ileum; cecum; colon; rectum; urinary bladder; representative 
lymph node; (mammary gland); (thigh musculature); peripheral nerve; 
(eyes); (femur--including articular surface); (spinal cord at three 
levels--cervical, midthoracic, and lumbar); and (zymbal and exorbital 
lachrymal glands); and (rodent-zymbal glands).
    (11) Histopathology. The following histopathology shall be 
performed:
    (i) Full histopathology on the organs and tissues, listed above, of 
all rodents in the control and high dose groups, all non-rodents, and 
all rodents that died or were killed during the study.
    (ii) All gross lesions in all animals.
    (iii) Target organs in all animals.
    (iv) The tissues mentioned in brackets (listed above) if indicated 
by signs of toxicity of target organ involvement.
    (v) Lungs, liver and kidneys of all animals. Special attention to 
examination of the lungs of rodents shall be made for evidence of 
infection since this provides a convenient assessment of the state of 
health of the animals.

[[Page 154]]

    (vi) When a satellite group is used (rodents), histopathology shall 
be performed on tissues and organs identified as showing effects in the 
treated groups.
    (f) Data and reporting--(1) Treatment of results. (i) Data shall be 
summarized in tabular form, showing for each test group the number of 
animals at the start of the test, the number of animals showing lesions, 
the types of lesions and the percentage of animals displaying each type 
of lesion.
    (ii) All observed results, quantitative and incidental, should be 
evaluated by an appropriate statistical method. Any generally accepted 
statistical methods may be used; the statistical methods should be 
selected during the design of the study.
    (2) Evaluation of the study results. (i) The findings of a 
subchronic oral toxicity study should be evaluated in conjunction with 
the findings of preceding studies and considered in terms of the toxic 
effects and the necropsy and histopathological findings. The evaluation 
will include the relationship between the dose of the test substance and 
the presence or absence, the incidence and severity, of abnormalities, 
including behavioral and clinical abnormalities, gross lesions, 
identified target organs, body weight changes, effects on mortality and 
any other general or specific toxic effects. A properly conducted 
subchronic test should provide a satisfactory estimation of a no-effect 
level.
    (ii) In any study which demonstrates an absence of toxic effects, 
further investigation to establish absorption and bioavailability of the 
test substance should be considered.
    (3) Test report. In addition to the reporting requirements as 
specified under EPA Good Laboratory Practice Standards, 40 CFR part 792, 
subpart J, the following specific information shall be reported:
    (i) Group animal data. Tabulation of toxic response data by species, 
strain, sex and exposure level for:
    (A) Number of animals dying.
    (B) Number of animals showing signs of toxicity.
    (C) Number of animals exposed.
    (ii) Individual animal data. (A) Date of death during the study or 
whether animals survived to termination.
    (B) Date of observation of each abnormal sign and its subsequent 
course.
    (C) Body weight data.
    (D) Feed consumption data when collected.
    (E) Hematological tests employed and all results.
    (F) Clinical biochemistry tests employed and all results.
    (G) Necropsy findings.
    (H) Detailed description of all histopathological findings.
    (I) Statistical treatment of results where appropriate.
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Boyd, E.M. ``Chapter 14--Pilot Studies, 15--Uniposal Clinical 
Parameters, 16--Uniposal Autopsy Parameters.'' Predictive Toxicometrics. 
(Baltimore: Williams and Wilkins, 1972).
    (2) Fitzhugh, O.G. ``Subacute Toxicity,'' Appraisal of the Safety of 
Chemicals in Foods, Drugs and Cosmetics. The Association of Food and 
Drug Officials of the United States (1959, 3rd Printing 1975) pp. 26-35.
    (3) Food Safety Council. ``Subchronic Toxicity Studies,'' Proposed 
System for Food Safety Assessment. (Columbia: Food Safety Council, 1978) 
pp. 83-96.
    (4) National Academy of Sciences. ``Principles and Procedures for 
Evaluating the Toxicity of Household Substances,'' a report prepared by 
the Committee for the Revision of NAS Publication 1138, under the 
auspices of the Committee on Toxicology, National Research Council, 
National Academy of Sciences, Washington, DC (1977).
    (5) World Health Organization. ``Part I. Environmental Health 
Criteria 6,'' Principles and Methods for Evaluating the Toxicity of 
Chemicals. (Geneva: World Health Organization, 1978).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19074, May 20, 1987; 
53 FR 49150, Dec. 6, 1988; 54 FR 21064, May 16, 1989]

[[Page 155]]



                       Subpart D--Chronic Exposure



Sec. 798.3260  Chronic toxicity.

    (a) Purpose. The objective of a chronic toxicity study is to 
determine the effects of a substance in a mammalian species following 
prolonged and repeated exposure. Under the conditions of the chronic 
toxicity test, effects which require a long latency period or which are 
cumulative should become manifest. The application of this guideline 
should generate data on which to identify the majority of chronic 
effects and shall serve to define long term dose-response relationships. 
The design and conduct of chronic toxicity tests should allow for the 
detection of general toxic effects, including neurological, 
physiological, biochemical, and hematological effects and exposure-
related morphological (pathology) effects.
    (b) Test procedures--(1) Animal selection--(i) Species and strain. 
Testing should be performed with two mammalian species, one a rodent and 
another a non-rodent. The rat is the preferred rodent species and the 
dog is the preferred non-rodent species. Commonly used laboratory 
strains should be employed. If other mammalian species are used, the 
tester should provide justification/reasoning for their selection.
    (ii) Age. (A) Dosing of rats should begin as soon as possible after 
weaning, ideally before the rats are 6, but in no case more than 8 weeks 
old.
    (B) Dosing of dogs should begin between 4 and 6 months of age and in 
no case later than 9 months of age.
    (C) At commencement of the study the weight variation of animals 
used should not exceed 20 percent of the mean weight for 
each sex.
    (iii) Sex. (A) Equal numbers of animals of each sex should be used 
at each dose level.
    (B) The females should be nulliparous and non-pregnant.
    (iv) Numbers. (A) For rodents, at least 40 animals (20 females and 
20 males) and for non-rodents (dogs) at least 8 animals (4 females and 4 
males) should be used at each dose level.
    (B) If interim sacrifices are planned, the number should be 
increased by the number of animals scheduled to be sacrificed during the 
course of the study.
    (C) The number of animals at the termination of the study must be 
adequate for a meaningful and valid statistical evaluation of chronic 
effects.
    (2) Control groups. (i) A concurrent control group is suggested. 
This group should be an untreated or sham treated control group or, if a 
vehicle is used in administering the test substance, a vehicle control 
group. If the toxic properties of the vehicle are not known or cannot be 
made available, both untreated and vehicle control groups are strongly 
suggested.
    (ii) In special circumstances such as in inhalation studies 
involving aerosols or the use of an emulsifier of uncharacterized 
biological activity in oral studies, a concurrent negative control group 
should be utilized. The negative control group should be treated in the 
same manner as all other test animals except that this control group 
should not be exposed to either the test substance or any vehicle.
    (3) Dose levels and dose selections. (i) In chronic toxicity tests, 
it is necessary to have a dose-response relationship as well as a no-
observed-toxic-effect level. Therefore, at least three dose levels 
should be used in addition to the concurrent control group. Dose levels 
should be spaced to produce a gradation of effects.
    (ii) The high dose level in rodents should elicit some signs of 
toxicity without causing excessive lethality; for non-rodents, there 
should be signs of toxicity but there should be no fatalities.
    (iii) The lowest dose level should not produce any evidence of 
toxicity. Where there is a usable estimation of human exposure the 
lowest dose level should exceed this even though this dose level may 
result in some signs of toxicity.
    (iv) Ideally, the intermediate dose level(s) should produce minimal 
observable toxic effects. If more than one intermediate dose is used, 
the dose level should be spaced to produce a gradation of toxic effects.
    (v) For rodents, the incidence of fatalities in low and intermediate 
dose groups and in the controls should be low to permit a meaningful 
evaluation of the results. For non-rodents, there should be no 
fatalities.

[[Page 156]]

    (4) Exposure conditions. The animals are dosed with the test 
substance ideally on a 7-day per week basis over a period of at least 12 
months. However, based primarily on practical considerations, dosing on 
a 5-day per week basis is considered to be acceptable.
    (5) Observation period. Duration of observation should be for at 
least 12 months, and may be concurrent with or subsequent to dosing. If 
there is a post-exposure observation period, an interim sacrifice should 
be performed on no fewer than half of the animals of each sex at each 
dose level immediately upon termination of exposure.
    (6) Administration of the test substance. The three main routes of 
administration are oral, dermal, and inhalation. The choice of the route 
of administration depends upon the physical and chemical characteristics 
of the test substance and the form typifying exposure in humans.
    (i) Oral studies. (A) The animals should receive the test substance 
in their diet, dissolved in drinking water, or given by gavage or 
capsule for a period of at least 12 months.
    (B) If the test substance is administered in the drinking water, or 
mixed in the diet, exposure is continuous.
    (C) For a diet mixture, the highest concentration should not exceed 
5 percent.
    (ii) Dermal studies. (A) The animals are treated by topical 
application with the test substance, ideally for at least 6 hours per 
day.
    (B) Fur should be clipped from the dorsal area of the trunk of the 
test animals. Care must be taken to avoid abrading the skin which could 
alter its permeability.
    (C) The test substance should be applied uniformly over a shaved 
area which is approximately 10 percent of the total body surface area. 
With highly toxic substances, the surface area covered may be less, but 
as much of the area should be covered with as thin and uniform a film as 
possible.
    (D) During the exposure period, the test substance may be held if 
necessary, in contact with the skin with a porous gauze dressing and 
non-irritating tape. The test site should be further covered in a 
suitable manner to retain the gauze dressing and test substance and 
ensure that the animals cannot ingest the test substance.
    (iii) Inhalation studies. (A) The animals should be tested with 
inhalation equipment designed to sustain a dynamic air flow of 12 to 15 
air changes per hour, ensure an adequate oxygen content of 19 percent 
and an evenly distributed exposure atmosphere. Where a chamber is used, 
its design should minimize crowding of the test animals and maximize 
their exposure to the test substance. This is best accomplished by 
individual caging. As a general rule to ensure stability of a chamber 
atmosphere, the total ``volume'' of the test animals should not exceed 5 
percent of the volume of the test chamber. Alternatively, oro-nasal, 
head-only or whole body individual chamber exposure may be used.
    (B) The temperature at which the test is performed should be 
maintained at 22  deg.C (2 deg.). Ideally, the relative 
humidity should be maintained between 40 to 60 percent, but in certain 
instances (e.g., tests of aerosols, use of water vehicle) this may not 
be practicable.
    (C) Feed and water should be withheld during each daily 6 hour 
exposure period.
    (D) A dynamic inhalation system with a suitable analytical 
concentration control system should be used. The rate of air flow should 
be adjusted to ensure that conditions throughout the equipment are 
essentially the same. Maintenance of slight negative pressure inside the 
chamber will prevent leakage of the test substance into the surrounding 
areas.
    (7) Observation of animals. (i) Each animal should be handled and 
its physical condition appraised at least once each day.
    (ii) Additional observations should be made daily with appropriate 
actions taken to minimize loss of animals to the study (e.g., necropsy 
or refrigeration of those animals found dead and isolation or sacrific 
of weak or moribund animals).
    (iii) Clinical signs of toxicity including suspected tumors and 
mortality should be recorded as they are observed, including the time of 
onset, the degree and duration.

[[Page 157]]

    (iv) Cage-side observations should include, but not be limited to, 
changes in skin and fur, eyes and mucous membranes, respiratory, 
circulatory, autonomic and central nervous systems, somatomotor activity 
and behavior pattern.
    (v) Body weights should be recorded individually for all animals 
once a week during the first 13 weeks of the test period and at least 
once every 4 weeks thereafter unless signs of clinical toxicity suggest 
more frequent weighings to facilitate monitoring of health status.
    (vi) When the test substance is administered in the feed or drinking 
water, measurements of feed or water consumption, respectively, should 
be determined weekly during the first 13 weeks of the study and then at 
approximately monthly intervals unless health status or body weight 
changes dictate otherwise.
    (vii) At the end of the study period all survivors should be 
sacrificed. Moribund animals should be removed and sacrificed when 
noticed.
    (8) Physical measurements. For inhalation studies, measurements or 
monitoring should be made of the following:
    (i) The rate of air flow should be monitored continuously, but 
should be recorded at intervals of at least once every 30 minutes.
    (ii) During each exposure period the actual concentrations of the 
test substance should be held as constant as practicable, monitored 
continuously and measured at least three times during the test period: 
at the beginning, at an intermediate time and at the end of the period.
    (iii) During the development of the generating system, particle size 
analysis should be performed to establish the stability of aerosol 
concentrations. During exposure, analysis should be conducted as often 
as necessary to determine the consistency of particle size distribution 
and homogeneity of the exposure stream.
    (iv) Temperature and humidity should be monitored continuously, but 
should be recorded at intervals of at least once every 30 minutes.
    (9) Clinical examinations. The following examinations should be made 
on at least 10 rats of each sex per dose and on all non-rodents.
    (i) Certain hematology determinations (e.g., hemoglobin content, 
packed cell volume, total red blood cells, total white blood cells, 
platelets, or other measures of clotting potential) should be performed 
at termination and should be performed at 3 months, 6 months and at 
approximately 6 month intervals thereafter (for studies extending beyond 
12 months) on blood samples collected from all non-rodents and from 10 
rats per sex of all groups. These collections should be from the same 
animals at each interval. If clinical observations suggest a 
deterioration in health of the animals during the study, a differential 
blood count of the affected animals should be performed. A differential 
blood count should be performed on samples from those animals in the 
highest dosage group and the controls. Differential blood counts should 
be performed for the next lower group(s) if there is a major discrepancy 
between the highest group and the controls. If hematological effects 
were noted in the subchronic test, hematological testing should be 
performed at 3, 6, 12, 18, and 24 months for a two year study and at 3, 
6, and 12 months for a 1-year study.
    (ii) Certain clinical biochemistry determinations on blood should be 
carried out at least three times during the test period: just prior to 
initiation of dosing (base line data), near the middle and at the end of 
the test period. Blood samples should be drawn for clinical chemistry 
measurements from all non-rodents and at least ten rodents per sex of 
all groups; if possible, from the same rodents at each time interval. 
Test areas which are considered appropriate to all studies: electrolyte 
balance, carbohydrate metabolism and liver and kidney function. The 
selection of specific tests will be influenced by observations on the 
mode of action of the substance and signs of clinical toxicity. 
Suggested chemical determinations: calcium, phosphorus, chloride, 
sodium, potassium, fasting glucose (with period of fasting appropriate 
to the species), serum glutamic-pyruvic transaminase (now known as serum 
alanine aminotransferase), serum glutamic oxaloacetic transaminase (now 
known

[[Page 158]]

as serum aspartate aminotransferase), ornithine decarboxylase, gamma 
glutamyl transpeptidase, blood urea nitrogen, albumen, blood creatinine, 
creatinine phosphokinase, total cholesterol, total bilirubin and total 
serum protein measurements. Other determinations which may be necessary 
for an adequate toxicological evaluation include analyses of lipids, 
hormones, acid/base balance, methemoglobin and cholinesterase activity. 
Additional clinical biochemistry may be employed where necessary to 
extend the investigation of observed effects.
    (iii) Urine samples from rodents at the same intervals as the 
hematological examinations under paragraph (b)(9)(i) of this section 
should be collected for analysis. The following determinations should be 
made from either individual animals or on a pooled sample/sex/group for 
rodents: appearance (volume and specific gravity), protein, glucose, 
ketones, bilirubin, occult blood (semi-quantitatively); and microscopy 
of sediment (semi-quantitatively).
    (iv) Ophthalmological examination, using an ophthalmoscope or 
equivalent suitable equipment, should be made prior to the 
administration of the test substance and at the termination of the 
study. If changes in eyes are detected all animals should be examined.
    (10) Gross necropsy. (i) A complete gross examination should be 
performed on all animals, including those which died during the 
experiment or were killed in moribund conditions.
    (ii) The liver, kidneys, adrenals, brain and gonads should be 
weighed wet, as soon as possible after dissection to avoid drying. For 
these organs, at least 10 rodents per sex per group and all non-rodents 
should be weighed.
    (iii) The following organs and tissues, or representative samples 
thereof, should be preserved in a suitable medium for possible future 
histopathological examination: All gross lesions and tumors; brain--
including sections of medulla/pons, cerebellar cortex, and cerebral 
cortex; pituitary; thyroid/parathyroid; thymus; lungs; trachea; heart; 
sternum and/or femur with bone marrow; salivary glands; liver; spleen; 
kidneys; adrenals; esophagus; stomach; duodenum; jejunum; ileum; cecum; 
colon; rectum; urinary bladder; representative lymph nodes; pancreas; 
gonads; uterus; accessory genital organs (epididymis, prostate, and, if 
present, seminal vesicles; female mammary gland; aorta; gall bladder (if 
present); skin; musculature; peripheral nerve; spinal cord at three 
levels--cervical, midthoracic, and lumbar; and eyes. In inhalation 
studies, the entire respiratory tract, including nose, pharynx, larynx, 
and paranasal sinuses should be examined and preserved. In dermal 
studies, skin from sites of skin painting should be examined and 
preserved.
    (iv) Inflation of lungs and urinary bladder with a fixative is the 
optimal method for preservation of these tissues. The proper inflation 
and fixation of the lungs in inhalation studies is considered essential 
for appropriate and valid histopathological examination.
    (v) If other clinical examinations are carried out, the information 
obtained from these procedures should be available before microscopic 
examination, since they may provide significant guidance to the 
pathologist.
    (11) Histopathology. (i) The following histopathology should be 
performed:
    (A) Full histopathology on the organs and tissues, listed above, of 
all non-rodents, of all rodents in the control and high dose groups and 
of all rodents that died or were killed during the study.
    (B) All gross lesions in all animals.
    (C) Target organs in all animals.
    (D) Lungs, liver and kidneys of all animals. Special attention to 
examination of the lungs of rodents should be made for evidence of 
infection since this provides an assessment of the state of health of 
the animals.
    (ii) If excessive early deaths or other problems occur in the high 
dose group compromising the significance of the data, the next dose 
level should be examined for complete histopathology.
    (iii) In case the results of an experiment give evidence of 
substantial alteration of the animals' normal longevity or the induction 
of effects that might affect a toxic response, the next lower dose level 
should be examined fully, as described under paragraph (b)(11)(i) of 
this section.

[[Page 159]]

    (iv) An attempt should be made to correlate gross observations with 
microscopic findings.
    (c) Data and reporting--(1) Treatment of results. (i) Data should be 
summarized in tabular form, showing for each test group the number of 
animals at the start of the test, the number of animals showing lesions, 
the types of lesions and the percentage of animals displaying each type 
of lesion.
    (ii) All observed results, quantitative and incidental, should be 
evaluated by an appropriate statistical method. Any generally accepted 
statistical methods may be used; the statistical methods should be 
selected during the design of the study.
    (2) Evaluation of study results. (i) The findings of a chronic 
toxicity study should be evaluated in conjunction with the findings of 
preceding studies and considered in terms of the toxic effects, the 
necropsy and histopathological findings. The evaluation will include the 
relationship between the dose of the test substance and the presence, 
incidence and severity of abnormalities (including behavioral and 
clinical abnormalities), gross lesions, identified target organs, body 
weight changes, effects on mortality and any other general or specific 
toxic effects.
    (ii) In any study which demonstrates an absence of toxic effects, 
further investigation to establish absorption and bioavailability of the 
test substance should be considered.
    (3) Test report. (i) In addition to the reporting requirements as 
specified under 40 CFR part 792 subpart J, the following specific 
information should be reported:
    (A) Group animal data. Tabulation of toxic response data by species, 
strain, sex and exposure level for:
    (1) Number of animals dying.
    (2) Number of animals showing signs of toxicity.
    (3) Number of animals exposed.
    (B) Individual animal data. (1) Time of death during the study or 
whether animals survived to termination.
    (2) Time of observation of each abnormal sign and its subsequent 
course.
    (3) Body weight data.
    (4) Feed and water consumption data, when collected.
    (5) Results of ophthalmological examination, when performed.
    (6) Hematological tests employed and all results.
    (7) Clinical biochemistry tests employed and all results.
    (8) Necropsy findings.
    (9) Detailed description of all histopathological findings.
    (10) Statistical treatment of results, where appropriate.
    (ii) In addition, for inhalation studies the following should be 
reported:
    (A) Test conditions. (1) Description of exposure apparatus including 
design, type, dimensions, source of air, system for generating 
particulates and aerosols, method of conditioning air, treatment of 
exhaust air and the method of housing the animals in a test chamber.
    (2) The equipment for measuring temperature, humidity, and 
particulate aerosol concentrations and size should be described.
    (B) Exposure data. These should be tabulated and presented with mean 
values and a measure of variability (e.g., standard deviation) and 
should include:
    (1) Airflow rates through the inhalation equipment.
    (2) Temperature and humidity of air.
    (3) Nominal concentration (total amount of test substance fed into 
the inhalation equipment divided by volume of air).
    (4) Actual concentration in test breathing zone.
    (5) Particle size distribution (e.g., median aerodynamic diameter of 
particles with standard deviation from the mean).
    (d) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Benitz, K.F. ``Measurement of Chronic Toxicity,'' Methods of 
Toxicology. Ed. G.E. Paget. (Oxford: Blackwell Scientific Publications, 
1970) pp. 82-131.
    (2) D'Aguanno, W. ``Drug Safety Evaluation--Pre-Clinical 
Considerations,'' Industrial Pharmacology: Neuroleptics. Vol. I, Ed. S. 
Fielding and H. Lal. (Mt. Kisco: Futura Publishing Co. 1974) pp. 317-
332.
    (3) Fitzhugh, O.G. Third Printing: 1975. ``Chronic Oral Toxicity,'' 
Appraisal of the Safety of Chemicals in

[[Page 160]]

Foods, Drugs and Cosmetics. The Association of Food and Drug Officials 
of the United States (1959, 3rd Printing 1975) pp. 36-45.
    (4) Goldenthal, E.I., D'Aguanno, W. ``Evaluation of Drugs,'' 
Appraisal of the Safety of Chemicals in Foods, Drugs, and Cosmetics. The 
Association of Food and Drug Officials of the United States (1959, 3rd 
Printing 1975) pp. 60-67.
    (5) National Academy of Sciences. ``Principles and Procedures for 
Evaluating the Toxicity of Household Substances,'' a report prepared by 
the Committee for the Revision of NAS Publication 1138, under the 
auspices of the Committee on Toxicology, National Research Council, 
National Academy of Sciences, Washington, DC (1977).
    (6) National Center for Toxicological Research. ``Appendix B,'' 
Report of Chronic Studies Task Force Committee, April 13-21, 1972. 
(Rockville: National Center for Toxicological Research, 1972).
    (7) Page, N.P. ``Chronic Toxicity and Carcinogenicity Guidelines,'' 
Journal of Environmental Pathology and Toxicology, 1:161-182 (1977).
    (8) Schwartz, E. ``Toxicology of Neuroleptic Agents,'' Industrial 
Pharmacology: Neuroleptics Ed. S. Fielding and H. Lal. (Mt. Kisco, 
Futura Publishing Co., 1974) pp. 203-221.
    (9) United States Pharmaceutical Manufacturers Association. 
Guidelines for the Assessment of Drug and Medical Device Safety in 
Animals. (1977).
    (10) World Health Organization. ``Guidelines for Evaluation of Drugs 
for Use in Man,'' WHO Technical Report Series No. 563. (Geneva: World 
Health Organization, 1975).
    (11) World Health Organization. ``Part I. Environmental Health 
Criteria 6,'' Principles and Methods for Evaluating the Toxicity of 
Chemicals. (Geneva: World Health Organization, 1978).
    (12) World Health Organization. ``Principles for Pre-Clinical 
Testing of Drug Safety,'' WHO Technical Report Series No. 341. (Geneva: 
World Health Organization, 1966).

[50 FR 39397, Sept. 27, 1985, as amended at 54 FR 21064, May 16, 1989]



Sec. 798.3300  Oncogenicity.

    (a) Purpose. The objective of a long-term oncogenicity study is to 
observe test animals for a major portion of their life span for the 
development of neoplastic lesions during or after exposure to various 
doses of a test substance by an appropriate route of administration.
    (b) Test procedures--(1) Animal selection--(i) Species and strain. A 
compound of unknown activity shall be tested on two mammalian species. 
Rats and mice are the species of choice because of their relatively 
short life spans, the limited cost of their maintenance, their 
widespread use in pharmacological and toxicological studies, their 
susceptibility to tumor induction, and the availability of inbred or 
sufficiently characterized strains. Commonly used laboratory strains 
shall be employed. If other species are used, the tester shall provide 
justification/reasoning for their selection.
    (ii) Age. (A) Dosing of rodents shall begin as soon as possible 
after weaning, ideally before the animals are 6 weeks old, but in no 
case more than 8 weeks old.
    (B) At commencement of the study, the weight variation of animals 
used shall not exceed 20 percent of the mean weight for each 
sex.
    (C) Studies using prenatal or neonatal animals may be recommended 
under special conditions.
    (iii) Sex. (A) Animals of each sex shall be used at each dose level.
    (B) The females shall be nulliparous and non-pregnant.
    (iv) Numbers. (A) For rodents, at least 100 animals (50 females and 
50 males) shall be used at each dose level and concurrent control.
    (B) If interim sacrifices are planned the number shall be increased 
by the number of animals scheduled to be sacrificed during the course of 
the study.
    (C) The number of animals at the termination of the study should be 
adequate for a meaningful and valid statistical evaluation of long term 
exposure. For a valid interpretation of negative results, it is 
essential that survival in all groups does not fall below 50 percent at 
the time of termination.
    (2) Control groups. (i) A concurrent control group is required. This 
group

[[Page 161]]

shall be an untreated or sham treated control group or, if a vehicle is 
used in administering the test substance, a vehicle control group. If 
the toxic properties of the vehicle are not known or cannot be made 
available, both untreated and vehicle control groups are required.
    (ii) In special circumstances such as in inhalation studies 
involving aerosols or the use of an emulsifier of uncharacterized 
biological activity in oral studies, a concurrent negative control group 
shall be utilized. The negative control group shall be treated in the 
same manner as all other test animals except that this control group 
shall not be exposed to either the test substance or any vehicle.
    (iii) The use of historical control data (i.e., the incidence of 
tumors and other suspect lesions normally occurring under the same 
laboratory conditions and in the same strain of animals employed in the 
test) is desirable for assessing the significance of changes observed in 
exposed animals.
    (3) Dose levels and dose selection. (i) For risk assessment 
purposes, at least 3 dose levels shall be used, in addition to the 
concurrent control group. Dose levels should be spaced to produce a 
gradation of chronic effects.
    (ii) The high dose level should elicit signs of minimal toxicity 
without substantially altering the normal life span.
    (iii) The lowest dose should not interfere with normal growth, 
development and longevity of the animal; and it should not otherwise 
cause any indication of toxicity. In general, this should not be lower 
than ten percent of the high dose.
    (iv) The intermediate dose(s) should be established in a mid-range 
between the high and low doses, depending upon the toxicokinetic 
properties of the chemical, if known.
    (v) The selection of these dose levels should be based on existing 
data, preferably on the results of subchronic studies.
    (4) Exposure conditions. The animals are dosed with the test 
substance ideally on a 7 day per week basis over a period of at least 24 
months for rats, and 18 months for mice. However, based primarily on 
practical considerations, dosing on a 5 day per week basis is considered 
to be acceptable.
    (5) Observations period. It is necessary that the duration of an 
oncogenicity test comprise the majority of the normal life span of the 
strain of animals to be used. This time period shall not be less than 24 
months for rats and 18 months for mice, and ordinarily not longer than 
30 months for rats and 24 months for mice. For longer time periods, and 
where any other species are used, consultation with the Agency in regard 
to the duration of the test is advised.
    (6) Administration of the test substance. The three main routes of 
administration are oral, dermal, and inhalation. The choice of the route 
of administration depends upon the physical and chemical characteristics 
of the test substance and the form typifying exposure in humans.
    (i) Oral studies. (A) The animals shall receive the test substance 
in their diet, dissolved in drinking water at levels that do not exceed 
the maximum solubility of the test chemical under testing condition.
    (B) If the test substance is administered in the drinking water, or 
mixed in the diet, exposure shall be continuous.
    (C) For a diet mixture, the highest concentration should not exceed 
5 percent.
    (ii) Dermal studies. (A) The animals are treated by topical 
application with the test substance, ideally for at least 6 hours per 
day.
    (B) Fur should be clipped from the dorsal area of the trunk of the 
test animals. Care should be taken to avoid abrading the skin which 
could alter its permeability.
    (C) The test substance shall be applied uniformly over a shaved area 
which is approximately 10 percent of the total body surface area. With 
highly toxic substances, the surface area covered may be less, but as 
much of the area shall be covered with as thin and uniform a film as 
possible.
    (D) During the exposure period, the test substance may be held, if 
necessary, in contact with the skin with a porous gauze dressing and 
non-irritating tape. The test site should be further covered in a 
suitable manner to

[[Page 162]]

retain the gauze dressing and test substance and ensure that the animals 
cannot ingest the test substance.
    (iii) Inhalation studies. (A) The animals shall be tested with 
inhalation equipment designed to sustain a minimum dynamic air flow of 
12 to 15 air changes per hour, ensure an adequate oxygen content of 19 
percent and an evenly distributed exposure atmosphere. Where a chamber 
is used, its design should minimize crowding of the test animals and 
maximize their exposure to the test substance. This is best accomplished 
by individual caging. To ensure stability of a chamber atmosphere, the 
total ``volume'' of the test animals shall not exceed 5 percent of the 
volume of the test chamber. Alternatively, oro-nasal, head-only, or 
whole-body individual chamber exposure may be used.
    (B) The temperature at which the test is performed should be 
maintained at 22  deg.C (2 deg.). Ideally, the relative 
humidity should be maintained between 40 to 60 percent, but in certain 
instances (e.g. tests of aerosols, use of water vehicle) this may not be 
practicable.
    (C) Feed and water shall be withheld during each daily 6-hour 
exposure period.
    (D) A dynamic inhalation system with a suitable flow control system 
shall be used. The rate of air flow shall be adjusted to ensure that 
conditions throughout the equipment are essentially the same. 
Maintenance of slight negative pressure inside the chamber will prevent 
leakage of the test substance into the surrounding areas.
    (7) Observations of animals. (i) Each animal shall be observed daily 
and if necessary should be handled to appraise its physical condition.
    (ii) Additional observations shall be made daily with appropriate 
actions taken to minimize loss of animals to the study (e.g., necropsy 
or refrigeration of those animals found dead and isolation or sacrifice 
of weak or moribund animals).
    (iii) Clinical signs and mortality shall be recorded for all 
animals. Special attention should be paid to tumor development. The day 
of onset, location, dimensions, appearance and progression of each 
grossly visible or palpable tumor shall be recorded.
    (iv) Body weights shall be recorded individually for all animals 
once a week during the first 13 weeks of the test period and at least 
once every 4 weeks thereafter unless signs of clinical toxicity suggest 
more frequent weighings to facilitate monitoring of health status.
    (v) When the test substance is administered in the feed or drinking 
water, measurements of feed or water consumption, respectively, shall be 
determined weekly during the first 13 weeks of the study and then at 
approximately monthly intervals unless health status or body weight 
changes dictate otherwise.
    (vi) At the end of the study period all survivors are sacrificed. 
Moribund animals shall be removed and sacrificed when noticed.
    (8) Physical measurements. For inhalation studies, measurements or 
monitoring should be made of the following:
    (i) The rate of air flow shall be monitored continuously and 
recorded at intervals of at least once every 30 minutes.
    (ii) During each exposure period the actual concentrations of the 
test substance shall be held as constant as practicable, monitored 
continuously and recorded at least three times during the test period: 
at the beginning, at an intermediate time and at the end of the period.
    (iii) During the development of the generating system, particle size 
analysis shall be performed to establish the stability of aerosol 
concentrations with respect to particle size. During exposure, analyses 
shall be conducted as often as necessary to determine the consistency of 
particle size, distribution, and homogeneity of the exposure stream.
    (iv) Temperature and humidity shall be monitored continuously, but 
shoud be recorded at intervals of at least once every 30 minutes.
    (9) Clinical examinations. At 12 months, 18 months, and at 
sacrifice, a blood smear shall be obtained from all animals. A 
differential blood count shall be performed on blood smears from those 
animals in the highest dosage group and the controls. If these

[[Page 163]]

data, or data from the pathological examination indicate a need, then 
the 12- and 18-month blood smears from other dose levels shall also be 
examined. Differential blood counts shall be performed for the next 
lower group(s) if there is a major discrepancy between the highest group 
and the controls. If clinical observations suggest a deterioration in 
health of the animals during the study, a differential blood count of 
the affected animals shall be performed.
    (10) Gross necropsy. (i) A complete gross examination shall be 
performed on all animals, including those which died during the 
experiment or were killed in moribund conditions.
    (ii) The following organs and tissues or representative samples 
thereof, shall be preserved in a suitable medium for possible future 
histopathological examination: All gross lesions and tumors of all 
animals shall be preserved; brain--including sections of medulla/pons, 
cerebellar cortex and cerebral cortex; pituitary; thyroid/parathyroid; 
thymus; lungs; trachea; heart; spinal cord at three levels--cervical, 
midthoracic and lumbar; sternum and/or femur with bone marrow; salivary 
glands; liver; spleen; kidneys; adrenals; esophagus; stomach; duodenum; 
jejunum; ileum; cecum; colon; rectum; urinary bladder; representative 
lymph nodes; pancreas; gonads; uterus; accessory genital organs 
(epididymis, prostate, and, if present, seminal vesicles); mammary 
gland; skin; musculature; peripheral nerve; and eyes. In inhalation 
studies, the entire respiratory tract shall be preserved, including 
nasal cavity, pharynx, larynx and paranasal sinuses. In dermal studies, 
skin from sites of skin painting shall be examined and preserved.
    (iii) Inflation of lungs and urinary bladder with a fixative is the 
optimal method for preservation of these tissues. The proper inflation 
and fixation of the lungs in inhalation studies is required for 
appropriate and valid histopathological examination.
    (iv) If other clinical examinations are carried out, the information 
obtained from these procedures shall be available before microscopic 
examination, since they may provide significant guidance to the 
pathologist.
    (11) Histopathology. (i) The following histopathology shall be 
performed:
    (A) Full histopathology on organs and tissues listed above of all 
animals in the control and high dose groups and all animals that died or 
were killed during the study.
    (B) All gross lesions in all animals.
    (C) Target organs in all animals.
    (ii) If a significant difference is observed in hyperplastic, pre-
neoplastic or neoplastic lesions between the highest dose and control 
groups, microscopic examination shall be made on that particular organ 
or tissue of all animals in the study.
    (iii) If excessive early deaths or other problems occur in the high 
dose group, compromising the significance of the data, the next lower 
dose level shall be examined for complete histopathology.
    (iv) In case the results of an experiment give evidence of 
substantial alteration of the animals' normal longevity or the induction 
of effects that might affect a neoplastic response, the next lower dose 
level shall be examined fully as described in this section.
    (v) An attempt shall be made to correlate gross observations with 
microscopic findings.
    (c) Data and reporting--(1) Treatment of results. (i) Data shall be 
summarized in tabular form, showing for each test group the number of 
animals at the start of the test, the number of animals showing lesions, 
the types of lesions and the percentage of animals displaying each type 
of lesion.
    (ii) All observed results, quantitative and incidental, shall be 
evaluated by an appropriate statistical method. Any generally accepted 
statistical method may be used; the statistical methods shall be 
selected during the design of the study.
    (2) Evaluation of study results. (i) The findings of an oncogenic 
toxicity study shall be evaluated in conjunction with the findings of 
preceding studies and considered in terms of the toxic effects, the 
necropsy and histopathological findings. The evaluation shall include 
the relationship between the dose of the test substance and the 
presence, incidence and severity of abnormalities (including behavioral 
and clinical abnormalities), gross lesions, identified

[[Page 164]]

target organs, body weight changes, effects on mortality and any other 
general or specific toxic effects.
    (ii) In any study which demonstrates an absence of toxic effects, 
further investigation to establish absorption and bioavailability of the 
test substance should be considered.
    (iii) In order for a negative test to be acceptable, it shall meet 
the following criteria: no more than 10 percent of any group is lost due 
to autolysis, cannibalism, or management problems; and survival in each 
group should be no less than 50 percent at 18 months for mice and 
hamsters and at 24 months for rats.
    (3) Test report. (i) In addition to the reporting requirements as 
specified under 40 CFR part 792, subpart J the following specific 
information shall be reported:
    (A) Group animal data. Tabulation of toxic response data by species, 
strain, sex and exposure level for:
    (1) Number of animals dying.
    (2) Number of animals showing signs of toxicity.
    (3) Number of animals exposed.
    (B) Individual animal data. (1) Time of death during the study or 
whether animals survived to termination.
    (2) Time of observation of each abnormal sign and its subsequent 
course.
    (3) Body weight data.
    (4) Feed and water consumption data, when collected.
    (5) Results of ophthalmological examination, when performed.
    (6) Hematological tests employed and all results.
    (7) Clinical biochemistry tests employed and all results.
    (8) Necropsy findings.
    (9) Detailed description of all histopathological findings.
    (10) Statistical treatment of results, where appropriate.
    (11) Historical control data, if taken into account.
    (ii) In addition, for inhalation studies the following shall be 
reported:
    (A) Test conditions. (1) Description of exposure apparatus including 
design, type, dimensions, source of air, system for generating 
particulates and aerosols, method of conditioning air, treatment of 
exhaust air and the method of housing the animals in a test chamber.
    (2) The equipment for measuring temperature, humidity, and 
particulate aerosol concentrations and size shall be described.
    (B) Exposure data. These shall be tabulated and presented with mean 
values and a measure of variability (e.g., standard deviation) and shall 
include:
    (1) Airflow rates through the inhalation equipment.
    (2) Temperature and humidity of air.
    (3) Nominal concentration (total amount of test substance fed into 
the inhalation equipment divided by volume of air).
    (4) Actual concentration in test breathing zone.
    (5) Particle size distribution (e.g., median aerodynamic diameter of 
particles with standard deviation from the mean).
    (d) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Department of Health and Welfare. The Testing of Chemicals for 
Carcinogenicity, Mutagenicity, Teratogenicity. Minister of Health and 
Welfare. (Canada: Department of Health and Welfare, 1975).
    (2) Food and Drug Administration Advisory Committee on Protocols for 
Safety Evaluation: Panel on Carcinogenesis. ``Report on Cancer Testing 
in the Safety of Food Additives and Pesticides,'' Toxicology and Applied 
Pharmacology. 20:419-438 (1971).
    (3) International Union Against Cancer. ``Carcinogenicity Testing,'' 
IUCC Technical Report Series. Vol. 2., Ed. I. Berenblum. (Geneva: 
International Union Against Cancer, 1969).
    (4) Leong, B.K.J., Laskin, S. ``Number and Species of Experimental 
Animals for Inhalation Carcinogenicity Studies'' Paper presented at 
Conference on Target Organ Toxicity, September 1975, Cincinnati, Ohio.
    (5) National Academy of Sciences. ``Principles and Procedures for 
Evaluating the Toxicity of Household Substances.'' A report prepared by 
the Committee for the Revision of NAS Publication 1138, under the 
auspices of the Committee on Toxicology, National Research Council, 
National

[[Page 165]]

Academy of Sciences, Washington, DC (1977).
    (6) National Cancer Institute. Report of the Subtask Group on 
Carcinogen Testing to the Interagency Collaborative Group on 
Environmental Carcinogenesis. (Bethesda: United States National Cancer 
Institute, 1976).
    (7) National Center for Toxicological Research. ``Appendix B,'' 
Report of Chronic Studies Task Force Committee. April 13-21 (Rockville: 
National Center for Toxicological Research, 1972).
    (8) Page, N.P. ``Chronic Toxicity and Carcinogenicity Guidelines,'' 
Journal of Environmental Pathology and Toxicology. 1:161-182 (1977).
    (9) Page, N.P. ``Concepts of a Bioassay Program in Environmental 
Carcinogenesis,'' Advances in Modern Toxicology Vol. 3, Ed. Kraybill and 
Mehlman. (Washington, DC: Hemisphere Publishing Corporation, 1977) pp. 
87-171.
    (10) Sontag, J.M., Page N.P., Saffiotti, U. Guidelines for 
Carcinogen Bioassay in Small Rodents. NCI-CS-TR-1. (Bethesda: United 
States Cancer Institute, Division of Cancer Control and Prevention, 
Carcinogenesis Bioassay Program, 1976).
    (11) United States Pharmaceutical Manufacturers Association. 
Guidelines for the Assessment of Drug and Medical Device Safety in 
Animals. (1977).
    (12) World Health Organization. ``Principles for the Testing and 
Evaluation of Drugs for Carcinogenicity,'' WHO Technical Report Series 
No. 426. (Geneva: World Health Organization, 1969).
    (13) World Health Organization. ``Part I. Environmental Health 
Criteria 6,'' Principles and Methods for Evaluating the Toxicity of 
Chemicals. (Geneva: World Health Organization, 1978).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19075, May 20, 1987; 
54 FR 21064, May 16, 1989]



Sec. 798.3320  Combined chronic toxicity/oncogenicity.

    (a) Purpose. The objective of a combined chronic toxicity/
oncogenicity study is to determine the effects of a substance in a 
mammalian species following prolonged and repeated exposure. The 
application of this guideline should generate data which identify the 
majority of chronic and oncogenic effects and determine dose-response 
relationships. The design and conduct should allow for the detection of 
neoplastic effects and a determination of oncogenic potential as well as 
general toxicity, including neurological, physiological, biochemical, 
and hematological effects and exposure-related morphological (pathology) 
effects.
    (b) Test procedures--(1) Animal selection--(i) Species and strain. 
Preliminary studies providing data on acute, subchronic, and metabolic 
responses should have been carried out to permit an appropriate choice 
of animals (species and strain). As discussed in other guidelines, the 
mouse and rat have been most widely used for assessment of oncogenic 
potential, while the rat and dog have been most often studied for 
chronic toxicity. The rat is the species of choice for combined chronic 
toxicity and oncogenicity studies. The provisions of this guideline are 
designed primarily for use with the rat as the test species. If other 
species are used, the tester should provide justification/reasoning for 
their selection. The strain selected should be susceptible to the 
oncogenic or toxic effect of the class of substances being tested, if 
known, and provided it does not have a spontaneous background too high 
for meaningful assessment. Commonly used laboratory strains should be 
employed.
    (ii) Age. (A) Dosing of rats should begin as soon as possible after 
weaning, ideally before the rats are 6 weeks old, but in no case more 
than 8 weeks old.
    (B) At commencement of the study, the weight variation of animals 
used should not exceed 20 percent of the mean weight for 
each sex.
    (C) Studies using prenatal or neonatal animals may be recommended 
under special conditions.
    (iii) Sex. (A) Equal numbers of animals of each sex should be used 
at each dose level.
    (B) The females should be nulliparous and nonpregnant.
    (iv) Numbers. (A) At least 100 rodents (50 females and 50 males) 
should be used at each dose level and concurrent control for those 
groups not intended for early sacrifice. At least 40 rodents

[[Page 166]]

(20 females and 20 males) should be used for satellite dose group(s) and 
the satellite control group. The purpose of the satellite group is to 
allow for the evaluation of pathology other than neoplasia.
    (B) If interim sacrifices are planned, the number of animals should 
be increased by the number of animals scheduled to be sacrificed during 
the course of the study.
    (C) The number of animals at the termination of each phase of the 
study should be adequate for a meaningful and valid statistical 
evaluation of long term exposure. For a valid interpretation of negative 
results, it is essential that survival in all groups not fall below 50 
percent at the time of termination.
    (2) Control groups. (i) A concurrent control group (50 females and 
50 males) and a satellite control group (20 females and 20 males) are 
recommended. These groups should be untreated or sham treated control 
groups or, if a vehicle is used in administering the test substance, 
vehicle control groups. If the toxic properties of the vehicle are not 
known or cannot be made available, both untreated and vehicle control 
groups are recommended. Animals in the satellite control group should be 
sacrificed at the same time the satellite test group is terminated.
    (ii) In special circumstances such as inhalation studies involving 
aerosols or the use of an emulsifier of uncharacterized biological 
activity in oral studies, a concurrent negative control group should be 
utilized. The negative control group should be treated in the same 
manner as all other test animals, except that this control group should 
not be exposed to the test substance or any vehicle.
    (iii) The use of historical control data (i.e., the incidence of 
tumors and other suspect lesions normally occuring under the same 
laboratory conditions and in the same strain of animals employed in the 
test) is desirable for assessing the significance of changes observed in 
exposed animals.
    (3) Dose levels and dose selection. (i) For risk assessment 
purposes, at least three dose levels should be used, in addition to the 
concurrent control group. Dose levels should be spaced to produce a 
gradation of effects.
    (ii) The highest dose level in rodents should elicit signs of 
toxicity without substantially altering the normal life span due to 
effects other than tumors.
    (iii) The lowest dose level should produce no evidence of toxicity. 
Where there is a usable estimation of human exposure, the lowest dose 
level should exceed this even though this dose level may result in some 
signs of toxicity.
    (iv) Ideally, the intermediate dose level(s) should produce minimal 
observable toxic effects. If more than one intermediate dose is used the 
dose levels should be spaced to produce a gradation of toxic effects.
    (v) For rodents, the incidence of fatalities in low and intermediate 
dose groups and in the controls should be low to permit a meaningful 
evaluation of the results.
    (vi) For chronic toxicological assessment, a high dose treated 
satellite and a concurrent control satellite group should be included in 
the study design. The highest dose for satellite animals should be 
chosen so as to produce frank toxicity, but not excessive lethality, in 
order to elucidate a chronic toxicological profile of the test 
substance. If more than one dose level is selected for satellite dose 
groups, the doses should be spaced to produce a gradation of toxic 
effects.
    (4) Exposure conditions. The animals are dosed with the test 
substance ideally on a 7-day per week basis over a period of at least 24 
months for rats, and 18 months for mice and hamsters, except for the 
animals in the satellite groups which should be dosed for 12 months.
    (5) Observation period. It is necessary that the duration of the 
oncogenicity test comprise the majority of the normal life span of the 
animals to be used. It has been suggested that the duration of the study 
should be for the entire lifetime of all animals. However, a few animals 
may greatly exceed the average lifetime and the duration of the study 
may be unnecessarily extended and complicate the conduct and evaluation 
of the study. Rather, a finite period covering the majority of the 
expected life span of the strain is preferred since the probability is 
high

[[Page 167]]

that, for the great majority of chemicals, induced tumors will occur 
within such an observation period. The following guidelines are 
recommended:
    (i) Generally, the termination of the study should be at 18 months 
for mice and hamsters and 24 months for rats; however, for certain 
strains of animals with greater longevity and/or low spontaneous tumor 
rate, termination should be at 24 months for mice and hamsters and at 30 
months for rats. For longer time periods, and where any other species 
are used, consultation with the Agency in regard to duration of the test 
is advised.
    (ii) However, termination of the study is acceptable when the number 
of survivors of the lower doses or of the control group reaches 25 
percent. In the case where only the high dose group dies prematurely for 
obvious reasons of toxicity, this should not trigger termination of the 
study.
    (iii) The satellite groups and the concurrent satellite control 
group should be retained in the study for at least 12 months. These 
groups should be scheduled for sacrifice for an estimation of test-
substance-related pathology uncomplicated by geriatric changes.
    (6) Administration of the test substance. The three main routes of 
administration are oral, dermal, and inhalation. The choice of the route 
of administration depends upon the physical and chemical characteristics 
of the test substance and the form typifying exposure in humans.
    (i) Oral studies. (A) The animals should receive the test substance 
in their diet, dissolved in drinking water, or given by gavage or 
capsule for a period of at least 24 months for rats and 18 months for 
mice and hamsters.
    (B) If the test substance is administered in the drinking water, or 
mixed in the diet, exposure is continuous.
    (C) For a diet mixture, the highest concentration should not exceed 
5 percent.
    (ii) Dermal studies. (A) The animals are treated by topical 
application with the test substance, ideally for at least 6 hours per 
day.
    (B) Fur should be clipped from the dorsal area of the trunk of the 
test animals. Care should be taken to avoid abrading the skin which 
could alter its permeability.
    (C) The test substance should be applied uniformly over a shaved 
area which is approximately 10 percent of the total body surface area. 
With highly toxic substances, the surface area covered may be less, but 
as much of the area as possible should be covered with as thin and 
uniform a film as possible.
    (D) During the exposure period, the test substance may be held, if 
necessary, in contact with the skin with a porous gauze dressing and 
nonirritating tape. The test site should be further covered in a 
suitable manner to retain the gauze dressing and test substance and 
ensure that the animals cannot ingest the test substance.
    (iii) Inhalation studies. (A) The animals should be tested with 
inhalation equipment designed to sustain a dynamic air flow of 12 to 15 
air changes per hour, to ensure an adequate oxygen content of 19 percent 
and an evenly distributed exposure atmosphere. Where a chamber is used, 
its design should minimize crowding of the test animals and maximize 
their exposure to the test substance. This is best accomplished by 
individual caging. As a general rule, to ensure stability of a chamber 
atmosphere, the total ``volume'' of the test animals should not exceed 5 
percent of the volume of the test chamber. Alternatively, oro-nasal, 
head only, or whole body individual chamber exposure may be used.
    (B) The temperature at which the test is performed should be 
maintained at 22 +C (2+). Ideally, the 
relative humidity should be maintained between 40 to 60 percent, but in 
certain instances (e.g., tests of aerosols, use of water vehicle) this 
may not be practicable.
    (C) Feed and water should be withheld during each daily 6-hour 
exposure period.
    (D) A dynamic inhalation system with a suitable analytical 
concentration control system should be used. The rate of air flow should 
be adjusted to ensure that conditions throughout the equipment are 
essentially the same. Maintenance of slight negative pressure inside the 
chamber will prevent leakage of the test substance into the surrounding 
areas.

[[Page 168]]

    (7) Observation of animals. (i) Each animal should be handled and 
its physical condition appraised at least once each day.
    (ii) Additional observations should be made daily with appropriate 
actions taken to minimize loss of animals to the study (e.g., necropsy 
or refrigeration of those animals found dead and isolation or sacrifice 
of weak or moribund animals).
    (iii) Clinical signs and mortality should be recorded for all 
animals. Special attention should be paid to tumor development. The time 
of onset, location, dimensions, appearance and progression of each 
grossly visible or palpable tumor should be recorded.
    (iv) Body weights should be recorded individually for all animals 
once a week during the first 13 weeks of the test period and at least 
once every 4 weeks thereafter, unless signs of clinical toxicity suggest 
more frequent weighings to facilitate monitoring of health status.
    (v) When the test substance is administered in the feed or drinking 
water, measurements of feed or water consumption, respectively, should 
be determined weekly during the first 13 weeks of the study and then at 
approximately monthly intervals unless health status or body weight 
changes dictate otherwise.
    (vi) At the end of the study period, all survivors are sacrificed. 
Moribund animals should be removed and sacrificed when noticed.
    (8) Physical measurements. For inhalation studies, measurements or 
monitoring should be made of the following:
    (i) The rate of airflow should be monitored continuously, but should 
be recorded at intervals of at least once every 30 minutes.
    (ii) During each exposure period the actual concentrations of the 
test substance should be held as constant as practicable, monitored 
continuously and recorded at least three times during the test period: 
At the beginning, at an intermediate time and at the end of the period.
    (iii) During the development of the generating system, particle size 
analysis should be performed to establish the stability of aerosol 
concentrations. During exposure, analyses should be conducted as often 
as necessary to determine the consistency of particle size distribution 
and homogeneity of the exposure stream.
    (iv) Temperature and humidity should be monitored continuously, but 
should be recorded at intervals of at least once every 30 minutes.
    (9) Clinical examinations. (i) The following examinations should be 
made on at least 20 rodents of each sex per dose level:
    (A) Certain hematology determinations (e.g., hemoglobin content, 
packed cell volume, total red blood cells, total white blood cells, 
platelets, or other measures of clotting potential) should be performed 
at termination and should be performed at 3 months, 6 months and at 
approximately 6-month intervals thereafter (for those groups on test for 
longer than 12 months) on blood samples collected from 20 rodents per 
sex of all groups. These collections should be from the same animals at 
each interval. If clinical observations suggest a deterioration in 
health of the animals during the study, a differential blood count of 
the affected animals should be performed. A differential blood count 
should be performed on samples from animals in the highest dosage group 
and the controls. Differential blood counts should be performed for the 
next lower group(s) if there is a major discrepancy between the highest 
group and the controls. If hematological effects were noted in the 
subchronic test, hematological testing should be performed at 3, 6, 12, 
18 and 24 months for a year study.
    (B) Certain clinical biochemistry determinations on blood should be 
carried out at least three times during the test period: Just prior to 
initiation of dosing (baseline data), near the middle and at the end of 
the test period. Blood samples should be drawn for clinical measurements 
from at least ten rodents per sex of all groups; if possible, from the 
same rodents at each time interval. Test areas which are considered 
appropriate to all studies: electrolyte balance, carbohydrate metabolism 
and liver and kidney function. The selection of specific tests will be 
influenced by observations on the mode of action of the substance and 
signs of clinical

[[Page 169]]

toxicity. Suggested chemical determinations: Calcium, phosphorus, 
chloride, sodium, potassium, fasting glucose (with period of fasting 
appropriate to the species), serum glutamic-pyruvic transaminase (now 
known as serum alanine aminotransferase), serum glutamic oxaloacetic 
transaminase (now known as serum aspartate aminotransferase), ornithine 
decarboxylase, gamma glutamyl transpeptidase, blood urea nitrogen, 
albumen, creatinine phosphokinase, total cholesterol, total bilirubin 
and total serum protein measurements. Other determinations which may be 
necessary for an adequate toxicological evaluation include analyses of 
lipids, hormones, acid/base balance, methemoglobin and cholinesterase 
activity. Additional clinical biochemistry may be employed where 
necessary to extend the investigation of observed effects.
    (ii) The following should be performed on at least 10 rodents of 
each sex per dose level:
    (A) Urine samples from the same rodents at the same intervals as 
hematological examination above, should be collected for analysis. The 
following determinations should be made from either individual animals 
or on a pooled sample/sex/group for rodents: appearance (volume and 
specific gravity), protein, glucose, ketones, bilirubin, occult blood 
(semi-quantitatively) and microscopy of sediment (semi-quantitatively).
    (B) Ophthalmological examination, using an ophthalmoscope or 
equivalent suitable equipment, should be made prior to the 
administration of the test substance and at the termination of the 
study. If changes in the eyes are detected, all animals should be 
examined.
    (10) Gross necropsy. (i) A complete gross examination should be 
performed on all animals, including those which died during the 
experiment or were killed in moribund conditions.
    (ii) The liver, kidneys, adrenals, brain and gonads should be 
weighed wet, as soon as possible after dissection to avoid drying. For 
these organs, at least 10 rodents per sex per group should be weighed.
    (iii) The following organs and tissues, or representative samples 
thereof, should be preserved in a suitable medium for possible future 
histopathological examination: All gross lesions and tumors; brain-
including sections of medulla/pons, cerebellar cortex, and cerebral 
cortex; pituitary; thyroid/parathyroid; thymus; lungs; trachea; heart; 
sternum and/or femur with bone marrow; salivary glands; liver; spleen; 
kidneys; adrenals; esophagus; stomach; duodenum; jejunum; ileum; cecum; 
colon; rectum; urinary bladder; representative lymph nodes; pancreas; 
gonads; uterus; accessory genital organs (epididymis, prostate, and, if 
present, seminal vesicles); female mammary gland; aorta; gall bladder 
(if present); skin; musculature; peripheral nerve; spinal cord at three 
levels--cervical, midthoracic, and lumbar; and eyes. In inhalation 
studies, the entire respiratory tract, including nose, pharynx, larynx 
and paranasal sinuses should be examined and preserved. In dermal 
studies, skin from sites of skin painting should be examined and 
preserved.
    (iv) Inflation of lungs and urinary bladder with a fixative is the 
optimal method for preservation of these tissues. The proper inflation 
and fixation of the lungs in inhalation studies is considered essential 
for appropriate and valid histopathological examination.
    (v) If other clinical examinations are carried out, the information 
obtained from these procedures should be available before microscopic 
examination, since they may provide significant guidance to the 
pathologist.
    (11) Histopathology. (i) The following histopathology should be 
performed:
    (A) Full histopathology on the organs and tissues, listed above, of 
all non-rodents, of all rodents in the control and high dose groups and 
of all rodents that died or were killed during the study.
    (B) All gross lesions in all animals.
    (C) Target organs in all animals.
    (D) Lungs, liver and kidneys of all animals. Special attention to 
examination of the lungs of rodents should be made for evidence of 
infection since this provides an assessment of the state of health of 
the animals.
    (ii) If excessive early deaths or other problems occur in the high 
dose group

[[Page 170]]

compromising the significance of the data, the next dose level should be 
examined for complete histopathology.
    (iii) In case the results of the experiment give evidence of 
substantial alteration of the animals' normal longevity or the induction 
of effects that might affect a toxic response, the next lower dose level 
should be examined as described above.
    (iv) An attempt should be made to correlate gross observations with 
microscopic findings.
    (c) Data and reporting--(1) Treatment of results. (i) Data should be 
summarized in tabular form, showing for each test group the number of 
animals at the start of the test, the number of animals showing lesions, 
the types of lesions and the percentage of animals displaying each type 
of lesion.
    (ii) All observed results, quantitative and incidental, should be 
evaluated by an appropriate statistical method. Any generally accepted 
statistical methods may be used; the statistical methods should be 
selected during the design of the study.
    (2) Evaluation of study results. (i) The findings of a combined 
chronic toxicity/oncogenicity study should be evaluated in conjunction 
with the findings of preceding studies and considered in terms of the 
toxic effects, the necropsy and histopathological findings. The 
evaluation will include the relationship between the dose of the test 
substance and the presence, incidence and severity of abnormalities 
(including behavioral and clinical abnormalities), gross lesions, 
identified target organs, body weight changes, effects on mortality and 
any other general or specific toxic effects.
    (ii) In any study which demonstrates an absence of toxic effects, 
further investigation to establish absorption and bioavailablity of the 
test substance should be considered.
    (iii) In order for a negative test to be acceptable, it should meet 
the following criteria: No more than 10 percent of any group is lost due 
to autolysis, cannibalism, or management problems; and survival in each 
group is no less than 50 percent at 18 months for mice and hamsters and 
at 24 months for rats.
    (3) Test report. (i) In addition to the reporting requirements as 
specified under 40 CFR part 792, subpart J the following specific 
information should be reported:
    (A) Group animal data. Tabulation of toxic response data by species, 
strain, sex and exposure level for:
    (1) Number of animals dying.
    (2) Number of animals showing signs of toxicity.
    (3) Number of animals exposed.
    (B) Individual animal data. (1) Time of death during the study or 
whether animals survived to termination.
    (2) Time of observation of each abnormal sign and its subsequent 
course.
    (3) Body weight data.
    (4) Feed and water consumption data, when collected.
    (5) Results of ophthalmological examination, when performed.
    (6) Hematological tests employed and all results.
    (7) Clinical biochemistry tests employed and all results.
    (8) Necropsy findings.
    (9) Detailed description of all histopathological findings.
    (10) Statistical treatment of results where appropriate.
    (11) Historical control data, if taken into account.
    (ii) In addition, for inhalation studies the following should be 
reported:
    (A) Test conditions. (1) Description of exposure apparatus including 
design, type, dimensions, source of air, system for generating 
particulates and aerosols, method of conditioning air, treatment of 
exhaust air and the method of housing the animals in a test chamber.
    (2) The equipment for measuring temperature, humidity, and 
particulate aerosol concentrations and size should be described.
    (B) Exposure data. These should be tabulated and presented with mean 
values and a measure of variability (e.g. standard deviation) and should 
include:
    (1) Airflow rates through the inhalation equipment.
    (2) Temperature and humidity of air.
    (3) Nominal concentration (total amount of test substance fed into 
the inhalation equipment divided by volume of air).

[[Page 171]]

    (4) Actual concentration in test breathing zone.
    (5) Particle size distribution (e.g. median aerodynamic diameter of 
particles with standard deviation from the mean).
    (d) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Benitz, K.F. ``Measurement of Chronic Toxicity,'' Methods of 
Toxicology. Ed. G.E. Paget. (Oxford: Blackwell Scientific Publications, 
1970) pp. 82-131.
    (2) D'Aguanno, W. ``Drug Safety Evaluation--Pre-Clinical 
Considerations,'' ``Industrial Pharmacology: Neuroleptics. Vol. I Ed. S. 
Fielding and H. Lal. (Mt. Kisco, New York: Futura Publishing Co., 1974) 
pp. 317-332.
    (3) Department of Health and Welfare. The Testing of Chemicals for 
Carcinogenicity, Mutagenicity, Teratogenicity. Minister of Health and 
Welfare. (Canada: Department of Health and Welfare, 1975).
    (4) Fitzhugh, O.G. ``Chronic Oral Toxicity,'' Appraisal of the 
Safety of Chemicals in Foods, Drugs and Cosmetics. The Association of 
Food and Drug Officials of the United States (1959, 3rd Printing 1975). 
pp. 36-45.
    (5) Food and Drug Administration Advisory Committee on Protocols for 
Safety Evaluation: Panel on Carcinogenesis. ``Report on Cancer Testing 
in the Safety of Food Additives and Pesticides,'' Toxicology and Applied 
Pharmacology. 20:419-438 (1971).
    (6) Goldenthal, E.I., and D'Aguanno, W. ``Evaluation of Drugs,'' 
Appraisal of the Safety of Chemicals in Foods, Drugs, and Cosmetics. The 
Association of Food and Drug Officials of the United States (1959, 3rd 
printing 1975) pp.60-67.
    (7) International Union Against Cancer. ``Carcinogenicity Testing,'' 
IUCC Technical Report Series Vol. 2, Ed. I. Berenblum. (Geneva: 
International Union Against Cancer, 1969).
    (8) Leong, B.K.J., and Laskin, S. ``Number and Species of 
Experimental Animals for Inhalation Carcinogenicity Studies,'' Paper 
presented at Conference on Target Organ Toxicity. September, 1975, 
Cincinnati, Ohio.
    (9) National Academy of Sciences. ``Principles and Procedures for 
Evaluating the Toxicity of Household Substances,'' A report prepared by 
the Committee for the Revision of NAS Publication 1138, under the 
auspices of the Committee on Toxicology, National Research Council, 
National Academy of Sciences, Washington, DC (1977).
    (10) National Cancer Institute. Report of the Subtask Group on 
Carcinogen Testing to the Interagency Collaborative Group on 
Environmental Carcinogenesis. (Bethesda: United States National Cancer 
Institute, 1976).
    (11) National Center for Toxicological. Report of Chronic Studies 
Task Force Research Committee. ``Appendix B, (Rockville: National Center 
for Toxicological Research, 1972)).
    (12) Page, N.P. ``Chronic Toxicity and Carcinogenicity Guidelines,'' 
Journal Environmental Pathology and Toxicology. 1:161-182 (1977).
    (13) Page, N.P. ``Concepts of a Bioassay Program in Environmental 
Carcinogenesis,'' Advances in Modern Toxicology Volume 3, Ed. Kraybill 
and Mehlman. (Washington, D.C.: Hemisphere Publishing Corp., 1977) pp. 
87-171.
    (14) Schwartz, E. 1974. ``Toxicology of Neuroleptic Agents,'' 
Industrial Pharmacology: Neuroleptics. Ed. S. Fielding and H. Lal. (Mt. 
Kisco, New York: Futura Publishing Co, 1974) pp. 203-221.
    (15) Sontag, J.M., Page, N.P., and Saffiotti, U. Guidelines for 
Carcinogen Bioassay in Small Rodents. NCI-CS-TR-1 (Bethesda: United 
States Cancer Institute, Division of Cancer Control and Prevention, 
Carcinogenesis Bioassay Program, 1976).
    (16) United States Pharmaceutical Manufacturers Association. 
Guidelines for the Assessment of Drug and Medical Device Safety in 
Animals. (1977).
    (17) World Health Organization. ``Principles for the Testing and 
Evaluation of Drugs for Carcinogenicity,'' WHO Technical Report Series 
No. 426. (Geneva: World Health Organization, 1969).
    (18) World Health Organization. ``Guidelines for Evaluation of Drugs 
for Use in Man,'' WHO Technical Report Series No. 563. (Geneva: World 
Health Organization, 1975).
    (19) World Health Organization. ``Part I. Environmental Health 
Criteria

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6,'' Principles and Methods for Evaluating the Toxicity of Chemicals. 
(Geneva: World Health Organization, 1978).
    (20) World Health Organization. ``Principles for Pre-Clinical 
Testing of Drug Safety,'' WHO Technical Report Series No. 341. (Geneva: 
World Health Organization, 1966).

[50 FR 39397, Sept. 27, 1985, as amended at 54 FR 21064, May 16, 1989]



                Subpart E--Specific Organ/Tissue Toxicity



Sec. 798.4100  Dermal sensitization.

    (a) Purpose. In the assessment and evaluation of the toxic 
characteristics of a substance, determination of its potential to 
provoke skin sensitization reactions is important. Information derived 
from tests for skin sensitization serves to identify the possible hazard 
to a population repeatedly exposed to a test substance. While the 
desirability of skin sensitization testing is recognized, there are some 
real differences of opinion about the best method to use. The test 
selected should be a reliable screening procedure which should not fail 
to identify substances with significant allergenic potential, while at 
the same time avoiding false negative results.
    (b) Definitions. (1) Skin sensitization (allergic contact 
dermatitis) is an immunologically mediated cutaneous reaction to a 
substance. In the human, the responses may be characterized by pruritis, 
erythema, edema, papules, vesicles, bullae, or a combination of these. 
In other species the reactions may differ and only erythema and edema 
may be seen.
    (2) Induction period is a period of at least 1 week following a 
sensitization exposure during which a hypersensitive state is developed.
    (3) Induction exposure is an experimental exposure of a subject to a 
test substance with the intention of inducing a hypersensitive state.
    (4) Challenge exposure is an experimental exposure of a previously 
treated subject to a test substance following an induction period, to 
determine whether the subject will react in a hypersensitive manner.
    (c) Principle of the test method. Following initial exposure(s) to a 
test substance, the animals are subsequently subjected, after a period 
of not less than 1 week, to a challenge exposure with the test substance 
to establish whether a hypersensitive state has been induced. 
Sensitization is determined by examining the reaction to the challenge 
exposure and comparing this reaction to that of the initial induction 
exposure.
    (d) Test procedures. (1) Any of the following seven test methods is 
considered to be acceptable. It is realized, however, that the methods 
differ in their probability and degree of reaction to sensitizing 
substances.
    (i) Freund's complete adjuvant test.
    (ii) Guinea-pig maximization test.
    (iii) Split adjuvant technique.
    (iv) Buehler test.
    (v) Open epicutaneous test.
    (vi) Mauer optimization test.
    (vii) Footpad technique in guinea pig.
    (2) Removal of hair is by clipping, shaving, or possibly by 
depilation, depending on the test method used.
    (3) Animal selection--(i) Species and strain. The young adult guinea 
pig is the preferred species. Commonly used laboratory strains should be 
employed. If other species are used, the tester should provide 
justification/reasoning for their selection.
    (ii) Number and sex. (A) The number and sex of animals used will 
depend on the method employed.
    (B) The females should be nulliparous and nonpregnant.
    (4) Control animals. (i) Periodic use of a positive control 
substance with an acceptable level of reliability for the test system 
selected is recommended;
    (ii) Animals may act as their own controls or groups of induced 
animals can be compared to groups which have received only a challenge 
exposure.
    (5) Dose levels. The dose level will depend upon the method 
selected.
    (6) Observation of animals. (i) Skin reactions should be graded and 
recorded after the challenge exposures at the time specified by the 
methodology selected. This is usually at 24, 48, and 72, hours. 
Additional notations should be made as necessary to fully describe 
unusual responses;

[[Page 173]]

    (ii) Regardless of method selected, initial and terminal body 
weights should be recorded.
    (7) Procedures. The procedures to be used are those described by the 
methodology chosen.
    (e) Data and reporting. (1) Data should be summarized in tabular 
form, showing for each individual animal the skin reaction, results of 
the induction exposure(s) and the challenge exposure(s) at times 
indicated by the method chosen. As a minimum, the erythema and edema 
should be graded and any unusual finding should be recorded.
    (2) Evaluation of the results. The evaluation of results will 
provide information on the proportion of each group that became 
sensitized and the extent (slight, moderate, severe) of the 
sensitization reaction in each individual animal.
    (3) Test report. In addition to the reporting requirements as 
specified under 40 CFR part 792, subpart J, the following specific 
information should be reported:
    (i) A description of the method used and the commonly accepted name.
    (ii) Information on the positive control study, including positive 
control used, method used, and time conducted.
    (iii) The number and sex of the test animals.
    (iv) Species and strain.
    (v) Individual weights of the animals at the start of the test and 
at the conclusion of the test.
    (vi) A brief description of the grading system.
    (vii) Each reading made on each individual animal.
    (f) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Buehler, E.V. ``Delayed Contact Hypersensitivity in the Guinea 
Pig,'' Archives Dermatology. 91:171 (1965).
    (2) Draize, J.H. ``Dermal Toxicity,'' Food Drug Cosmetic Law 
Journal. 10:722-732 (1955).
    (3) Klecak, G. ``Identification of Contact Allergens: Predictive 
Tests in Animals,'' Advances in Modern Toxicology: Dermatology and 
Pharmacology. Ed. F.N. Marzulli and H.I. Maibach. (Washington, D.C.: 
Hemisphere Publishing Corp., 1977) 4:305-339).
    (4) Klecak, G., Geleick, H., Grey, J.R. ``Screening of Fragrance 
Materials for Allergenicity in the Guinea Pig.-1. Comparison of Four 
Testing Methods,'' Journal of the Society of Cosmetic Chemists. 28:53-64 
(1977).
    (5) Magnusson, B., Kligman, A.M. ``The Identification of Contact 
Allergens by Animal Assay,'' The Guinea Pig Maximization Test. The 
Journal of Investigative Dermatology. 52:268-276 (1973).
    (6) Maguire, H.C. ``The Bioassay of Contact Allergens in the Guinea 
Pig'' Journal of the Society of Cosmetic Chemists. 24:151-162 (1973).
    (7) Maurer, T., Thomann, P., Weirich, E.G., Hess, R. ``The 
Optimization Test in the Guinea Pig. A Method for the Predictive 
Evaluation of the Contact Allergenicity of Chemicals,'' Agents and 
Actions. (Basel: Birkhauser Verlag, 1975) Vol. 5/2.
    (8) Maurer, T., Thomann, P., Weirich, E.G., Hess, R. ``The 
Optimization Test in the Guinea Pig: A Method for the Predictive 
Evaluation of the Contact Allergenicity of Chemicals,'' International 
Congress Series Excerpta Medica No. 376, (1975) Vol. 203.



Sec. 798.4350  Inhalation developmental toxicity study.

    (a) Purpose. In the assessment and evaluation of the toxic 
characteristics of an inhalable material such as a gas, volatile 
substance, or aerosol/particulate, determination of the potential 
developmental toxicity is important. The inhalation developmental 
toxicity study is designed to provide information on the potential 
hazard to the unborn which may arise from exposure of the mother during 
pregnancy.
    (b) Definitions. (1) Developmental toxicity is the property of a 
chemical that causes in utero death, structural or functional 
abnormalities or growth retardation during the period of development.
    (2) ``Aerodynamic diameter'' applies to the behavioral size of 
particles of aerosols. It is the diameter of a sphere of unit density 
which behaves aerodynamically like the particles of the test substance. 
It is used to compare particles of different sizes, shapes, and

[[Page 174]]

densities and to predict where in the respiratory tract such particles 
may be deposited. This term is used in contrast to ``optical,'' 
``measured'' or `'geometric'' diameters which are representation of 
actual diameters which in themselves cannot be related to deposition 
within the respiratory tract.
    (3) ``Geometric mean diameter'' or ``median diameter'' is the 
calculated aerodynamic diameter which divides the particles of an 
aerosol in half based on the weight of the particles. Fifty percent of 
the particles by weight will be larger than the median diameter and 50 
percent of the particles will be smaller than the median diameter. The 
median diameter and its geometeric standard deviation are used to 
statistically describe the particle size distribution of any aerosol 
based on the weight and size of the particles.
    (4) ``Inhalable diameter'' refers to that aerodynamic diameter of a 
particle which is considered to be inhalable for the organism. It is 
used to refer to particles which are capable of being inhaled and may be 
deposited anywhere within the respiratory tract from the trachea to the 
deep lung (the alveoli). For man, the inhalable diameter is considered 
here as 15 micrometers or less.
    (5) ``Concentration'' refers to an exposure level. Exposure is 
expressed as weight or volume of test substance per volume of air (mg/
1), or as parts per million (ppm).
    (6) ``No-observed-effect level'' is the maximum concentration in a 
test which produces no observed adverse effects. A no-observed-effect 
level is expressed in terms of weight or volume of test substance given 
daily per unit volume of air.
    (c) Principle of the test method. The test substance is administered 
in graduated concentrations, for at least that part of the pregnancy 
covering the major period of organogenesis, to several groups of 
pregnant experimental animals, one exposure level being used per group. 
Shortly before the expected date of delivery, the pregnant females are 
sacrificed, the uteri removed, and the contents examined for embryonic 
or fetal deaths, and live fetuses.
    (d) Limit test. If a test at an exposure of 5 mg/1 (actual 
concentration of respirable substances) or, where this is not possible 
due to physical or chemical properties of the test substance, the 
maximum attainable concentration, produces no observable developmental 
toxicity, then a full study using three exposure levels might not be 
necessary.
    (e) Test procedures--(1) Animal selection--(i) Species and strain. 
Testing shall be performed in at least two mamalian species. Commonly 
used species include the rat, mouse, rabbit, and hamster. If other 
mamalian species are used, the tester shall provide justification/
reasoning for their selection. Commonly used laboratory strains shall be 
employed. The strain shall not have low fecundity and shall preferably 
be characterized for its sensitivity to developmental toxins.
    (ii) Age. Young adult animals (nulliparous females) shall be used.
    (iii) Sex. Pregnant female animals shall be used at each exposure 
level.
    (iv) Number of animals. At least 20 pregnant rats, mice, or hamsters 
or 12 pregnant rabbits are required at each exposure level. The 
objective is to ensure that sufficient pups are produced to permit 
meaningful evaluation of the potential developmental toxicity of the 
test substance.
    (2) Control group. A concurrent control group shall be used. This 
group shall be exposed to clean, filtered air under conditions identical 
to those used for the group exposed to the substance of interest. In 
addition, a vehicle-exposed group may be necessary when the substance 
under study requires a vehicle for delivery. It is recommended that 
during preliminary range finding studies, air vs. vehicle exposure be 
compared. If there is no substantial difference, air exposure itself 
would be an appropriate control. If vehicle and air exposure yield 
different results, both vehicle and air exposed control groups are 
recommended.
    (3) Concentration levels and concentration selection. (i) At least 
three concentration levels with a control and, where appropriate, a 
vehicle control, shall be used.
    (ii) The vehicle shall neither be developmentally toxic nor have 
effects on reproduction.

[[Page 175]]

    (iii) To select the appropriate concentration levels, a pilot or 
trial study may be advisable. Since pregnant animals have an increased 
minute ventilation as compared to non-pregnant animals, it is 
recommended that the trial study be conducted in pregnant animals. 
Similarly, since presumably the minute ventilation will vary with 
progression of pregnancy, the animals should be exposed during the same 
period of gestation as in the main study. In the trial study, the 
concentration producing embryonic or fetal lethalities or maternal 
toxicity should be determined.
    (iv) Unless limited by the physical/chemical nature or biological 
properties of the substance, the highest concentration level shall 
induce some overt maternal toxicity such as reduced body weight or body 
weight gain, but not more than 10 percent maternal deaths.
    (v) The lowest concentration level should not produce any grossly 
observable evidence of either maternal or developmental toxicity.
    (vi) Ideally, the intermediate concentration level(s) shall produce 
minimal observable toxic effects. If more than one intermediate 
concentration is used, the concentration levels shall be spaced to 
produce a gradation of toxic effects.
    (4) Exposure duration. The duration of exposure shall be at least 
six hours daily allowing appropriate additional time for chamber 
equilibrium.
    (5) Observation period. Day 0 in the test is the day on which a 
vaginal plug and/or sperm are observed. The exposure period shall cover 
the period of major organogenesis. This may be taken as days 6 to 15 for 
rat and mouse, 6 to 14 for hamster, or 6 to 18 for rabbit.
    (6) Inhalation exposure. (i)(A) The animals shall be tested in 
inhalation equipment designed to sustain a minimum dynamic air flow of 
12 to 15 air changes per hour and ensure an adequate oxygen content of 
19 percent and an evenly distributed exposure atmosphere. Where a 
chamber is used, its design should minimize crowding of the test animals 
and maximize their exposure to the test substance. This is best 
accomplished by individual caging. To ensure stability of a chamber 
atmosphere, the total ``volume'' of the test animals shall not exceed 5 
percent of the volume of the test chamber.
    (B) Pregnant animals shall not be subjected to beyond the minimum 
amount of stress. Since whole-body exposure appears to be the least 
stressful mode of exposure, it is the method preferred. In general oro-
nasal or head-only exposure, which is sometimes used to avoid concurrent 
exposure by the dermal or oral routes, is not recommended because of the 
associated stress accompanying the restraining of the animals. However, 
there may be specific instances where it may be more appropriate than 
whole-body exposure. The tester shall provide justification/reasoning 
for its selection.
    (ii) A dynamic inhalation system with a suitable flow control system 
shall be used. The rate of air flow shall be adjusted to ensure that 
conditions throughout the exposure chamber are essentially the same. 
Test material distribution should be established before animals are 
committed to dosing. Maintenance of slight negative pressure inside the 
chamber will prevent leakage of the test substance into the surrounding 
areas.
    (iii) The temperature at which the test is performed should be 
maintained at 22  deg.C (2 deg.) for rodents or 20  deg.C 
(3 deg.) for rabbits. Ideally, the relative humidity should 
be maintained between 40 to 60 percent, but in certain instances (e.g., 
tests of aerosols, use of water vehicle) this may not be practicable.
    (7) Physical measurements. Measurements or monitoring should be made 
of the following:
    (i) The rate of airflow shall be monitored continuously but shall be 
recorded at least every 30 minutes.
    (ii) The actual concentration of the test substance shall be 
measured in the breathing zone. During the exposure period the actual 
concentrations of the test substance shall be held as constant as 
practicable, monitored continously or intermittently depending on the 
method of analysis and measured at least at the beginning, at an 
intermediate time and at the end of the exposure period.
    (iii) During the development of the generating system, particle size 
analysis shall be performed to establish the

[[Page 176]]

stability of aerosol concentrations with respect to particle size. 
During exposure, analysis shall be conducted as often as necessary to 
determine the consistency of particle size distribution.
    (iv) Temperature and humidity shall be monitored continuously and be 
recorded at least every 30 minutes.
    (8) Food and water during exposure period. Food should be withheld 
during exposure. Water may or may not be withheld. If it is not withheld 
it should not come in direct contact with the test atmospheres.
    (9) Observation of animals. (i) A gross examination shall be made at 
least once each day.
    (ii) Additional observations should be made daily with appropriate 
actions taken to minimize loss of animals to the study (e.g., necropsy 
or refrigeration of animals found dead and isolation or sacrifice of 
weak or moribund animals).
    (iii) Signs of toxicity shall be recorded as they are observed, 
including the time of onset, the degree and duration.
    (iv) Cage-side observations shall include, but not be limited to: 
Changes in skin and fur, eye and mucous membranes, as well as 
respiratory, autonomic and central nervous systems, somatomotor activity 
and behavioral pattern. Particular attention should be directed to 
observation of tremors, convulsions, salivation, diarrhea, lethargy, 
sleep, and coma.
    (v) Measurements should be made weekly of food consumption for all 
animals in the study.
    (vi) Animals shall be weighed at least weekly.
    (vii) Females showing signs of abortion or premature delivery shall 
be sacrificed and subjected to a thorough macroscopic examination.
    (10) Gross necropsy. (i) At the time of sacrifice or death during 
the study, the dam shall be examined macroscopically for any structural 
abnormalities or pathological changes which may have influenced the 
pregnancy.
    (ii) Immediately after sacrifice or death, the uterus shall be 
removed, weighed, and the contents examined for embryonic or fetal 
deaths and the number of viable fetuses. Gravid uterine weights should 
not be obtained from dead animals if autolysis or where decomposition 
has occurred. The degree of resorption shall be described in order to 
help estimate the relative time of death.
    (iii) The number of corpora lutea shall be determined for all 
species except mice.
    (iv) The sex of the fetuses shall be determined and they shall be 
weighed individually, the weights recorded, and the mean fetal weight 
derived.
    (v) Following removal, each fetus shall be examined externally.
    (vi) For rats, mice and hamsters, one-third to one-half of each 
litter shall be prepared and examined for skeletal anomalies, and the 
remaining part of each litter shall be prepared and examined for soft 
tissue anomalies using appropriate methods.
    (vii) For rabbits, each fetus shall be examined by careful 
dissection for visceral anomalies and then examined for skeletal 
anomalies.
    (f) Data and reporting--(1) Treatment of results. Data shall be 
summarized in tabular form, showing for each test group: the number of 
animals at the start of the test, the number of pregnant animals, the 
number and percentages of live fetuses and the number of fetuses with 
any soft tissue or skeletal abnormalities.
    (2) Evaluation of results. The findings of a developmental toxicity 
study shall be evaluated in terms of the observed effects and the 
exposure levels producing effects. It is necessary to consider the 
historical developmental toxicity data on the species/strain tested. A 
properly conducted developmental toxicity study should provide a 
satisfactory estimation of a no-effect level.
    (3) Test report. In addition to the reporting requirements as 
specified under 40 CFR part 792, subpart J, the following specific 
information shall be reported:
    (i) Test conditions. (A) Description of exposure apparatus including 
design, type, dimensions, source of air, system for generating 
particulates and aerosols, methods of conditioning air, and the method 
of housing the animals in a test chamber when this apparatus is used.

[[Page 177]]

    (B) The equipment for measuring temperature, humidity, and 
particulate aerosol concentrations and size shall be described.
    (ii) Exposure data. These shall be tabulated and presented with mean 
values and a measure of variability (e.g., standard deviation) and shall 
include:
    (A) Airflow rates through the inhalation equipment.
    (B) Temperature of air.
    (C) Nominal concentration--total amount of test substance fed into 
the inhalation equipment divided by volume of air (no standard 
deviation).
    (D) Measured total concentrations (particulate and/or gaseous 
phases) in test breathing zone.
    (E) Particle size distribution (e.g., median aerodynamic diameter of 
particles with geometric standard deviation) including estimates of the 
percents of inhalable and non-inhalable portions for the test animals.
    (iii) Animal data. (A) Toxic response data by concentration.
    (B) Species and strain.
    (C) Date of death during the study or whether animals survived to 
termination.
    (D) Date of onset and duration of each abnormal sign and its 
subsequent course.
    (E) Feed, body weight and uterine weight data.
    (F) Pregnancy and litter data.
    (G) Fetal data (live/dead, sex, soft tissue and sketetal defects, 
resorptions).
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Department of Health and Welfare. The Testing of Chemicals for 
Carcinogenicity, Mutagenicity and Teratogenicity. Minister of Health and 
Welfare (Canada: Department of Health and Welfare, 1975).
    (2) National Academy of Sciences. ``Principles and Procedures for 
Evaluating the Toxicity of Household Substances.'' A report prepared by 
the Committee for the Revision of NAS Publication 1138, under the 
auspices of the Committee on Toxicology, National Research Council, 
National Academy of Sciences, Washington, DC (1977).
    (3) World Health Organization. Principles for the Testing of Drugs 
for Teratogenicity. WHO Technical Report Series No. 364. (Geneva: World 
Health Organization, 1967).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19076, May 20, 1987; 
52 FR 26150, July 13, 1987; 54 FR 21064, May 16, 1989]



Sec. 798.4700  Reproduction and fertility effects.

    (a) Purpose. This guideline for two-generation reproduction testing 
is designed to provide general information concerning the effects of a 
test substance on gonadal function, conception, parturition, and the 
growth and development of the offspring. The study may also provide 
information about the effects of the test substance on neonatal 
morbidity, mortality, and preliminary data on teratogenesis and serve as 
a guide for subsequent tests.
    (b) Principle of the test method. The test substance is administered 
to parental (P) animals prior to their mating, during the resultant 
pregnancies, and through the weaning of their F1 offspring. 
The substance is then administered to selected F1 offspring 
during their growth into adulthood, mating, and production of an 
F2 generation, up until the F2 generation is 
weaned.
    (c) Test procedures--(1) Animal selection--(i) Species and strain. 
The rat is the preferred species. If another mammalian species is used, 
the tester shall provide justification/reasoning for its selection. 
Strains with low fecundity shall not be used.
    (ii) Age. Parental (P) animals shall be about 5 to 8 weeks old at 
the start of dosing.
    (iii) Sex. (A) For an adequate assessment of fertility, both males 
and females shall be studied.
    (B) The females shall be nulliparous and non-pregnant.
    (iv) Number of animals. Each test and control group shall contain at 
least 20 males and a sufficient number of females to yield at least 20 
pregnant females at or near term.
    (2) Control groups. (i) A concurrent control group shall be used. 
This group shall be an untreated or sham treated control group or if a 
vehicle is used in administering the test substance, a vehicle control 
group.

[[Page 178]]

    (ii) If a vehicle is used in administering the test substance, the 
control group shall receive the vehicle in the highest volume used.
    (iii) If a vehicle or other additive is used to facilitate dosing, 
it shall not interfere significantly with absorption of the test 
substance or produce toxic effects.
    (3) Dose levels and dose selection. (i) At least three dose levels 
and a concurrent control shall be used.
    (ii) The highest dose level should induce toxicity but not high 
levels of mortality in the parental (P) animals.
    (iii) The lowest dose level should not produce any grossly 
observable evidence of toxicity.
    (iv) Ideally the intermediate dose level(s) should produce minimal 
observable toxic effects. If more than one intermediate dose is used, 
dose levels should be spaced to produce a gradation of toxic effects.
    (4) Exposure conditions. The animals should be dosed with the test 
substance, ideally, on a 7 days per week basis.
    (i) Dosing, mating, delivery, and sacrifice schedule.
    (A) Daily dosing of the parental (P) males and females shall begin 
when they are 5 to 8 weeks old. For both sexes, dosing shall be 
continued for at least 10 weeks before the mating period.
    (B) Dosing of P males shall continue through the 3 week mating 
period. At the end of the mating period, P males may be sacrificed and 
examined, or may be retained for possible production of a second litter. 
If these animals are retained for a second litter, dosing shall be 
continued. Dosing of the F1 males saved for mating shall 
continue from the time they are weaned through the period they are mated 
with the F1 females (11 weeks). F1 males may be 
sacrificed after the F1 mating period.
    (C) Daily dosing of the P females shall continue through the three 
week mating period, pregnancy, and to the weaning of the F1 
offspring. Dosing of the F1 females saved for mating shall 
continue from the time they are weaned, through the period they are 
mated with the F1 males (11 weeks from the time of weaning) 
pregnancy, and to the weaning of the F2 offspring.
    (ii) All animals are sacrificed as scheduled.
    (A) All P males should be sacrificed at the end of the 3-week mating 
period, or may be retained for possible production of a second litter. 
If these animals are retained for a second litter, dosing shall be 
continued.
    (B) F1 males selected for mating should be sacrificed at 
the end of the three week period of the F1 mating.
    (C) F1 males and females not selected for mating should 
be sacrified when weaned.
    (D) The P females should be sacrificed upon weaning of their 
F1 offspring.
    (E) F1 dams and their F2 offspring are 
sacrificed when the offspring are weaned.
    (5) Administration of the test substance--(i) Oral studies. (A) It 
is recommended that the test substance be administered in the diet or 
drinking water.
    (B) If administered by gavage or capsule, the dosage administered to 
each animal prior to mating shall be based on the individual animal's 
body weight and adjusted weekly. During pregnancy the dosage shall be 
based on the body weight at day 0 and 6 of pregnancy.
    (ii) If another route of administration is used, the tester should 
provide justification and reasoning for its selection.
    (6) Mating procedure--(i) Parental. (A) For each mating, each female 
shall be placed with a single male from the same dose level until 
pregnancy occurs or 1 week has elapsed. If mating has not occurred after 
1 week, the female shall be placed with a different male. Paired matings 
should be clearly identified.
    (B) Those pairs that fail to mate should be evaluated to determine 
the cause of the apparent infertility. This may involve such procedures 
as additional opportunities to mate with proven fertile males or 
females, histological examination of the reproductive organs, and 
examination of the estrus or spermatogenic cycles.
    (C) Each day, the females shall be examined for presence of sperm or 
vaginal plugs. Day 0 of pregnancy is defined as the day vaginal plugs or 
sperm are found.

[[Page 179]]

    (ii) F1 cross. (A) For mating the F1 
offspring, one male and one female are randomly selected at weaning from 
each litter for cross mating with another pup of the same dose level but 
different litter, to produce the F2 generation.
    (B) F1 males and females not selected for mating are 
sacrificed upon weaning.
    (iii) Special housing. After evidence of copulation, pregnant 
animals shall be caged separately in delivery or maternity cages. 
Pregnant animals shall be provided with nesting materials when 
parturition is near.
    (iv) Standardization of litter sizes. (A) On day 4 after birth, the 
size of each litter should be adjusted by eliminating extra pups by 
random selection to yield, as nearly as possible, 4 males and 4 females 
per litter.
    (B) Whenever the number of male or female pups prevents having 4 of 
each sex per litter, partial adjustment (for example, 5 males and 3 
females) is permitted. Adjustments are not appropriate for litters of 
less than 8 pups.
    (C) Elimination of runts only is not appropriate.
    (D) Adjustments of the F2 litters is conducted in the 
same manner.
    (7) Observation of animals. (i) A gross examination shall be made at 
least once each day. Pertinent behavioral changes, signs of difficult or 
prolonged parturition, and all signs of toxicity, including mortality, 
shall be recorded. These observations shall be reported for each 
individual animal. Food consumption for all animals shall be monitored 
weekly except during the mating period.
    (ii) The duration of gestation shall be calculated from day 0 of 
pregnancy.
    (iii) Each litter should be examined as soon as possible after 
delivery for the number of pups, stillbirths, live births, sex, and the 
presence of gross anomalies. Live pups should be counted and litters 
weighed at birth or soon thereafter, and on days 4, 7, 14, and 21 after 
parturition.
    (iv) Physical or behavioral abnormalities observed in the dams of 
offspring shall be recorded.
    (v) P males and females shall be weighed on the first day of dosing 
and weekly thereafter. F1 litters shall be weighed at birth, 
or soon thereafter, and on days 4, 7, 14, and 21. In all cases, litter 
weights shall be calculated from the weights of the individual pups.
    (8) Gross necropsy. (i) A complete gross examination shall be 
performed on all adult animals, including those which died during the 
experiment or were killed in moribund conditions.
    (ii) Special attention shall be directed to the organs of the 
reproductive system.
    (iii) The following organs and tissues, or representative samples 
thereof, shall be preserved in a suitable medium for possible future 
histopathological examination: Vagina; uterus; ovaries; testes; 
epididymides; seminal vesicles; prostate, pituitary gland; and, target 
organ(s) when previously identified of all P and F1 animals 
selected for mating.
    (9) Histopathology. Except if carried out in other studies of 
comparable duration and dose levels the following histopathology shall 
be performed:
    (i) Full histopathology on the organs listed above for all high 
dose, and control P1 and F1 animals selected for 
mating.
    (ii) Organs demonstrating pathology in these animals shall then be 
examined in animals from the other dose groups.
    (iii) Microscopic examination shall be made of all tissues showing 
gross pathological changes.
    (d) Data and reporting--(1) Treatment of results. Data shall be 
summarized in tabular form, showing for each test group the number of 
animals at the start of the test, the number of animals pregnant, the 
types of change and the percentage of animals displaying each type of 
change.
    (2) Evaluation of study results. (i) An evaluation of test results, 
including the statistical analysis, based on the clinical findings, the 
gross necropsy findings, and the microscopic results shall be made and 
supplied. This should include an evaluation of the relationship, or lack 
thereof, between the animals' exposure to the test substance and the 
incidence and severity of all abnormalities.
    (ii) In any study which demonstrates an absence of toxic effects, 
further investigation to establish absorption and

[[Page 180]]

bioavailability of the test substance should be considered.
    (3) Test report. In addition to the reporting requirements as 
specified under 40 CFR part 792, subpart J the following specific 
information shall be reported:
    (i) Toxic response data by sex and dose, including fertility, 
gestation, viability and lactation indices, and length of gestation.
    (ii) Species and strain.
    (iii) Date of death during the study or whether animals survived to 
termination.
    (iv) Toxic or other effects on reproduction, offspring, or postnatal 
growth.
    (v) Date of observation of each abnormal sign and its subsequent 
course.
    (vi) Body weight data for P, F1, and F2 
animals.
    (vii) Necropsy findings.
    (viii) Detailed description of all histopathological findings.
    (ix) Statistical treatment of results where appropriate.
    (e) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Clermont, Y., Perry, B. ``Quantitative Study of the Cell 
Population of the Seminiferous Tubules in Immature Rats,'' American 
Journal of Anatomy. 100:241-267 (1957).
    (2) Goldenthal, E.I. Guidelines for Reproduction Studies for Safety 
Evaluation of Drugs for Human Use. Drug Review Branch, Division of 
Toxicological Evaluation, Bureau of Science, Food and Drug 
Administration, Washington, DC (1966).
    (3) Hasegawa, T., Hayashi, M., Ebling, F.J.G., Henderson, I.W. 
Fertility and Sterility. (New York: American Elsevier Publishing Co., 
Inc., 1973).
    (4) Oakberg, E.F. ``Duration of Spermatogenesis in the Mouse and 
Timing of Stages of the Cycle of the Seminiferous Epithelium,'' American 
Journal of Anatomy. 9:507-516 (1956).
    (5) Roosen-Runge, E.C. ``The Process of Spermatogenesis in 
Mammals,'' Biological Review. 37:343-377 (1962).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19077, May 20, 1987]



Sec. 798.4900  Developmental toxicity study.

    (a) Purpose. In the assessment and evaluation of the toxic 
characteristics of a chemical, determination of the potential 
developmental toxicity is important. The developmental toxicity study is 
designed to provide information on the potential hazard to the unborn 
which may arise from exposure of the mother during pregnancy.
    (b) Definitions. (1) Developmental toxicity is the property of a 
chemical that causes in utero death, structural or functional 
abnormalities or growth retardation during the period of development.
    (2) Dose is the amount of test substance administered. Dose is 
expressed as weight of test substance (g, mg) per unit weight of a test 
animal (e.g., mg/kg).
    (3) No-observed-effect level is the maximum concentration in a test 
which produces no observed adverse effects. A no-observed-effect level 
is expressed in terms of weight of test substance given daily per unit 
weight of test animal (mg/kg)
    (c) Principle of the test method. The test substance is administered 
in graduated doses for at least part of the pregnancy covering the major 
period of organogenesis, to several groups of pregnant experimental 
animals, one dose level being used per group. Shortly before the 
expected date of delivery, the pregnant females are sacrificed, the 
uteri removed, and the contents examined for embryonic or fetal deaths, 
and live fetuses.
    (d) Limit test. If a test at an exposure of at least 1000 mg/kg body 
weight, using the procedures described for this study, produces no 
observable developmental toxicity, then a full study using three dose 
levels might not be necessary.
    (e) Test procedures--(1) Animal selection--(i) Species and strain. 
Testing shall be performed in at least 2 mammalian species. Commonly 
used species include the rat, mouse, rabbit, and hamster. If other 
mammalian species are used, the tester shall provide justification/
reasoning for their selection. Commonly used laboratory strains shall be 
employed. The strain shall not have low fecundity and shall preferably

[[Page 181]]

be characterized for its sensitivity to developmental toxins.
    (ii) Age. Young adult animals (nulliparous females) shall be used.
    (iii) Sex. Pregnant female animals shall be used at each dose level.
    (iv) Number of animals. At least 20 pregnant rats, mice or hamsters 
or 12 pregnant rabbits are required at each dose level. The objective is 
to ensure that sufficient pups are produced to permit meaningful 
evaluation of the potential developmental toxicity of the test 
substance.
    (2) Control group. A concurrent control group shall be used. This 
group shall be an untreated or sham treated control group, or, if a 
vehicle is used in administering the test substance, a vehicle control 
group. Except for treatment with the test substance, animals in the 
control group(s) shall be handled in an identical manner to test group 
animals.
    (3) Dose levels and dose selection. (i) At least 3 dose levels with 
a control and, where appropriate, a vehicle control, shall be used.
    (ii) The vehicle shall neither be developmentally toxic nor have 
effects on reproduction.
    (iii) To select the appropriate dose levels, a pilot or trial study 
may be advisable. It is not always necessary to carry out a trial study 
in pregnant animals. Comparison of the results from a trial study in 
non-pregnant, and the main study in pregnant animals will demonstrate if 
the test substance is more toxic in pregnant animals. If a trial study 
is carried out in pregnant animals, the dose producing embryonic or 
fetal lethalities or maternal toxicity shall be determined.
    (iv) Unless limited by the physical/chemical nature or biological 
properties of the substance, the highest dose level shall induce some 
overt maternal toxicity such as reduced body weight or body weight gain, 
but not more than 10 percent maternal deaths.
    (v) The lowest dose level should not produce any grossly observable 
evidence of either maternal or developmental toxicity.
    (vi) Ideally, the intermediate dose level(s) should produce minimal 
observable toxic effects. If more than one intermediate concentration is 
used, the concentration levels should be spaced to produce a gradation 
of toxic effects.
    (4) Observation period. Day 0 in the test is the day on which a 
vaginal plug and/or sperm are observed. The dose period shall cover the 
period of major organogenesis. This may be taken as days 6 to 15 for rat 
and mouse, 6 to 14 for hamster, or 6 to 18 for rabbit.
    (5) Administration of test substance. The test substance or vehicle 
is usually administered orally, by oral intubation unless the chemical 
or physical characteristics of the test substance or pattern of human 
exposure suggest a more appropriate route of administration. The test 
substance shall be administered approximately the same time each day.
    (6) Exposure conditions. The female test animals are treated with 
the test substance daily throughout the appropriate treatment period. 
When given by gavage, the dose may be based on the weight of the females 
at the start of substance administration, or, alternatively, in view of 
the rapid weight gain which takes place during pregnancy, the animals 
may be weighed periodically and the dosage based on the most recent 
weight determination.
    (7) Observation of animals. (i) A gross examination shall be made at 
least once each day.
    (ii) Additional observations shall be made daily with appropriate 
actions taken to minimize loss of animals to the study (e.g., necropsy 
or refrigeration of those animals found dead and isolation or sacrifice 
of weak or moribund animals).
    (iii) Signs of toxicity shall be recorded as they are observed, 
including the time of onset, the degree and duration.
    (iv) Cage-side observations shall include, but not be limited to: 
changes in skin and fur, eye and mucous membranes, as well as 
respiratory, autonomic and central nervous systems, somatomotor activity 
and behavioral pattern.
    (v) Measurements should be made weekly of food consumption for all 
animals in the study.
    (vi) Animals shall be weighed at least weekly.

[[Page 182]]

    (vii) Females showing signs of abortion or premature delivery shall 
be sacrificed and subjected to a thorough macroscopic examination.
    (8) Gross necropsy. (i) At the time of sacrifice or death during the 
study, the dam shall be examined macroscopically for any structural 
abnormalities or pathological changes which may have influenced the 
pregnancy.
    (ii) Immediately after sacrifice or as soon as possible after death, 
the uterus shall be removed and the contents examined for embryonic or 
fetal deaths and the number of viable fetuses. The degree of resorption 
shall be described in order to help estimate the relative time of death 
of the conceptus. The weight of the gravid uterus should be recorded for 
dams that are sacrificed. Gravid uterine weights should not be obtained 
from dead animals if autolysis or decomposition has occurred.
    (iii) The number of corpora lutea shall be determined for all 
species except mice.
    (iv) The sex of the fetuses shall be determined and they shall be 
weighed individually, the weights recorded, and the mean fetal weight 
derived.
    (v) Following removal, each fetus shall be examined externally.
    (vi) For rats, mice and hamsters, one-third to one-half of each 
litter shall be prepared and examined for skeletal anomalies, and the 
remaining part of each litter shall be prepared and examined for soft 
tissue anomalies using appropriate methods.
    (vii) For rabbits, each fetus shall be examined by careful 
dissection for visceral anomalies and then examined for skeletal 
anomalies.
    (f) Data and reporting--(1) Treatment of results. Data shall be 
summarized in tablular form, showing for each test group: the number of 
animals at the start of the test, the number of pregnant animals, the 
number and percentages of live fetuses and the number of fetuses with 
any soft tissue or skeletal abnormalities.
    (2) Evaluation of results. The findings of a developmental toxicity 
study shall be evaluated in terms of the observed effects and the 
exposure levels producing effects. It is necessary to consider the 
historical developmental toxicity data on the species/strain tested. A 
properly conducted developmental toxicity study should provide a 
satisfactory estimation of a no-effect level.
    (3) Test report. In addition to the reporting requirements as 
specified under 40 CFR part 792, subpart J the following specific 
information shall be reported:
    (i) Toxic response data by concentration.
    (ii) Species and strain.
    (iii) Date of death during the study or whether animals survived to 
termination.
    (iv) Date of onset and duration of each abnormal sign and its 
subsequent course.
    (v) Food, body weight and uterine weight data.
    (vi) Pregnancy and litter data.
    (vii) Fetal data (live/dead, sex, soft tissue and skeletal defects, 
resorptions).
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Department of Health and Welfare. The Testing of Chemicals for 
Carcinogenicity, mutagenicity and Teratogenicity. Minister of Health and 
Welfare (Canada: Department of Health and Welfare, 1975).
    (2) National Academy of Sciences. ``Principles and Procedures for 
Evaluating the Toxicity of Household Substances.'' A report prepared by 
the Committee for the Revision of NAS Publication 1138, under the 
auspices of the Committee on Toxicology, National Research Council, 
National Academy of Sciences, Washington, DC (1977).
    (3) World Health Organization. Principles for the Testing of Drugs 
for Teratogenicity. WHO Technical Report Series No. 364. (Geneva: World 
Health Organization, (1967).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19077, May 20, 1987]



                       Subpart F--Genetic Toxicity



Sec. 798.5195  Mouse biochemical specific locus test.

    (a) Purpose. The mouse biochemical specific locus test (MBSL) may be 
used to detect and quantitate mutations

[[Page 183]]

originating in the germ line of a mammalian species.
    (b) Definitions. (1) A biochemical specific locus mutation is a 
genetic change resulting from a DNA lesion causing alterations in 
proteins that can be detected by electrophoretic methods.
    (2) The germ line is comprised of the cells in the gonads of higher 
eukaryotes, which are the carriers of the genetic information for the 
species.
    (c) Reference substances. Not applicable.
    (d) Test method--(1) Principle. The principle of the MBSL is that 
heritable damage to the genome can be detected by electrophoretic 
analysis of proteins in the tissues of the progeny of mice treated with 
germ cell mutagens.
    (2) Description. For technical reasons, males rather than females 
are generally treated with the test chemical. Treated males are then 
mated to untreated females to produce F1 progeny. Both blood and kidney 
samples are taken from progeny for electrophoretic analysis. Up to 33 
loci can be examined by starch-gel electrophoresis and broad-range 
isoelectric focussing. Mutants are identified by variations from the 
normal electrophoretic pattern. Presumed mutants are bred to confirm the 
genetic nature of the change.
    (3) Animal selection--(i) Species and strain. Mice shall be used as 
the test species. Although the biochemical specific locus test could be 
performed in a number of in bred strains, in the most frequently used 
cross, C57BL/6 females are mated to DBA/2 males to produce (C57BL/6 x 
DBA/2) F1 progeny for screening.
    (ii) Age. Healthy, sexually-mature (at least 8 weeks old) animals 
shall be used for treatment and breeding.
    (iii) Number. A decision on the minimum number of treated animals 
should take into account possible effects of the test chemical on the 
fertility of the treated animals. Other considerations should include:
    (A) The production of concurrent spontaneous controls.
    (B) The use of positive controls.
    (C) The power of the test.
    (4) Control groups--(i) Concurrent controls. An appropriate number 
of concurrent control loci shall be analyzed in each experiment. These 
should be partly derived from matings of untreated animals (from 5 to 20 
percent ofthe treated matings), although some data on control loci can 
be taken from the study of the alleles transmitted from the untreated 
parent in the experimental cross. However, any laboratory which has had 
no prior experience with the test shall produce a spontaneous control 
sample of about 5,000 progeny animals and a positive control (using 100 
mg/kg ethylnitrosourea) sample of at least 1,200 offspring.
    (ii) Historical controls. Long-term, accumulated spontaneous control 
data (currently, 1 mutation in 1,200,000 control loci screened) are 
available for comparative purposes.
    (5) Test chemicals--(i) Vehicle. When possible, test chemicals shall 
be dissolved or suspended in distilled water or buffered isotonic 
saline. Water-insoluble chemicals shall be dissolved or suspended in 
appropriate vehicles. The vehicle used shall neither interfere with the 
test chemical nor produce major toxic effects. Fresh preparations of the 
test chemical should be employed.
    (ii) Dose levels. Usually, only one dose need be tested. This should 
be the maximum tolerated dose (MTD), the highest dose tolerated without 
toxic effects. Any temporary sterility induced due to elimination of 
spermatogonia at this dose must be of only moderate duration, as 
determined by are turn of males to fertility within 80 days after 
treatment. For evaluation of dose-response, it is recommended that at 
least two dose levels be tested.
    (iii) Route of administration. Acceptable routes of administration 
include, but are not limited to, gavage, inhalation, and mixture with 
food or water, and intraperitoneal or intravenous injections.
    (e) Test performance--(1) Treatment and mating. Male DBA/2 mice 
shall be treated with the test chemical and mated to virgin C57BL/6 
females immediately after cessation of treatment. Each treated male 
shall be mated to new virgin C57BL/6 females each week. Each pairing 
will continue for a week until the next week's mating is to begin. This 
mating schedule permits sampling of all post-spermatogonial

[[Page 184]]

stages of germ-cell development during the first 7 weeks after exposure. 
Spermatogonial stem cells are studied thereafter. Repeated mating cycles 
should be conducted until sufficient offspring have been obtained to 
meet the power criterion of the assay for spermatogonial stem cells.
    (2) Examination of offspring--(i) Birth and weaning. Offspring shall 
be examined at birth and at weaning for externally detectable changes in 
morphology and behavior; these could be due to dominant mutations. Such 
characteristics may include, but are not limited to, variations in coat 
color, appearance of eyes, size (in which case weighing of variant 
animals and littermates should be carried out), fur texture, etc. Gross 
changes in external form and behavior shall also be sought. Scrutiny of 
such visible characteristics of all animals shall be made during all 
subsequent manipulations of the animals.
    (ii) Tissue sampling. Blood (about 0.1 mL) and one kidney shall be 
removed from progeny mice under anesthesia. Both tissues are then 
prepared for analysis by electrophoresis.
    (iii) Electrophoresis. The gene products of 6 loci shall be analyzed 
in the blood sample by broad-range isoelectric focussing and of 27 loci 
in the kidney sample by starch-gel electrophoresis and enzyme-specific 
staining. Details on these procedures are included in paragraphs (g)(1) 
through (g)(3) of this section.
    (iv) Mutant identification. Presumptive electrophoretic mutants 
shall be identified by variation from the normal electrophoretic banding 
patterns. Reruns of all variant samples shall be performed to confirm 
the presence of altered banding patterns. Samples from parents of 
progeny exhibiting banding pattern variations shall be assayed to 
determine whether the variant was induced by the experimental treatment 
or was pre-existing. All treatment-induced variants are bred to 
determine the genetic nature of the change.
    (f) Data and reports--(1) Treatment of results. Data shall be 
presented in tabular form and shall permit independent analysis of cell 
stage-specific effects, and dose-dependent phenomena. The data shall be 
recorded and analyzed in such a way that clusters of identical mutations 
are clearly identified. The individual mutants detected shall be 
thoroughly described. In addition, concurrent positive control data (if 
employed) and spontaneous control data shall also be tabulated. These 
concurrent controls shall be added to, as well as compared with, the 
historical control data.
    (2) Statistical evaluation. Data shall be evaluated by appropriate 
statistical methods.
    (3) Interpretation of results. (i) There are several criteria for 
determining a positive response, one of which is a statistically 
significant dose-related increase in the frequency of electrophoretic 
mutations. Another criterion may be based upon detection of a 
reproducible and statistically significant positive response for at 
least one of these test points.
    (ii) A test chemical which does not produce a statistically 
significant increase in the frequency of electrophoretic mutations over 
the spontaneous frequency, or a statistically significant and 
reproducible positive response for at least one of the test points, is 
considered nonmutagenic in this system, provided that the sample size is 
sufficient to exclude a biologically significant increase in mutation 
frequency.
    (iii) Both biological and statistical significance should be 
considered together in the evaluation.
    (4) Test evaluation. (i) Positive results in the MBSL indicate that, 
under the test conditions, the test chemical induces heritable gene 
mutations in a mammalian species.
    (ii) Negative results indicate that, under the test conditions, the 
test chemical does not induce heritable genemutations in a mammalian 
species.
    (5) Test report. In addition to the reporting requirements as 
specified under 40 CFR part 792, subpart J, and paragraph (h) of this 
section, the following specific information shall be reported:
    (i) Strain, age and weight of animals used; numbers of animals of 
each sex in experimental and control groups.
    (ii) Test chemical vehicle, doses used, rationale for dose 
selection, and toxicity data, if available.
    (iii) Route and duration of exposure.

[[Page 185]]

    (iv) Mating schedule.
    (v) Number of loci screened for both treated and spontaneous data.
    (vi) Criteria for scoring mutants.
    (vii) Number of mutants found/locus.
    (viii) Loci at which mutations were found.
    (ix) Use of concurrent negative and positive controls.
    (x) Dose-response relationship, if applicable.
    (g) References. For additional background information on this test 
guideline, the following references should be consulted:
    (1) Personal communication from Susan E. Lewis, Ph.D. to Dr. Michael 
Cimino, U.S. EPA, OPPT, October 5, 1989.
    (2) Johnson, F.M., G.T. Roberts, R.K. Sharma, F.Chasalow, R. 
Zweidinger, A. Morgan, R.W. Hendren, and S.E.Lewis. ``The detection of 
mutants in mice by electrophoresis: Results of a model induction 
experiment with procarbazine.'' Genetics 97:113-124 (1981).
    (3) Johnson, F.M. and S.E. Lewis. ``Mutation rate determinations 
based on electrophoretic analysis of laboratory mice.'' Mutation 
Research 82:125-135 (1981a).
    (4) Johnson, F.M. and S.E. Lewis. ``Electrophoretically detected 
germinal mutations induced by ethylnitrosourea in the mouse.'' 
Proceedings of the National Academy of Sciences 78:3138-93141 (1981b).
    (5) Lewis, S.E., C. Felton, L.B. Barnett, W. Generoso, N. Cacheiro, 
and M.D. Shelby. ``Dominant visible and electrophoretically expressed 
mutations induced in male mice exposed to ethylene oxide by 
inhalation.'' Environmental Mutagenesis 8:867-872 (1986).
    (h) Additional requirements. Testing facilities conducting the mouse 
biochemical specific locus test in accordance with this section shall, 
in addition to adhering to the provisions of Secs. 792.190 and 792.195 
of this chapter, obtain, adequately identify, and retain for at least 10 
years, acceptable 35-mm photographs (and their negatives) of the stained 
isoelectric-focussing columns and the stained starch-gels obtained 
following analyses of blood and kidney preparations, respectively, from 
mutant mice, their siblings, and their parents.

[55 FR 12641, Apr. 5, 1990]



Sec. 798.5200  Mouse visible specific locus test.

    (a) Purpose. The mouse visible specific locus test (MSLT) may be 
used to detect and quantitate mutations in the germ line of a mammalian 
species.
    (b) Definitions. (1) A visible specific locus mutation is a genetic 
change that alters factors responsible for coat color and other visible 
characteristics of certain mouse strains.
    (2) The germ line is the cells in the gonads of higher eukaryotes 
which are the carriers of the genetic information for the species.
    (c) Reference substances. Not applicable.
    (d) Test method--(1) Principle. (i) The principle of the MSLT is to 
cross individuals who differ with respect to the genes present at 
certain specific loci, so that a genetic alteration involving the 
standard gene at any one of these loci will produce an offspring 
detectably different from the standard heterozygote. The genetic change 
may be detectable by various means, depending on the loci chosen to be 
marked.
    (ii) Three variations of the method currently exist for detecting 
newly arising point mutations in mouse germ cells:
    (A) The visible specific locus test using either 5 or 7 loci.
    (B) The biochemical specific locus test using up to 20 enzymes.
    (C) The test for mutations at histocompatibility loci.
    (iii) Of the three tests, the visible specific locus test has been 
most widely used in assessing genetic hazard due to environmental 
agents. It is the method described in this guideline.
    (2) Description. For technical reasons, males rather than females 
are generally treated with the test agent. Treated males are then mated 
to females which are genetically homozygous for certain specific visible 
marker loci. Offspring are examined in the next generation for evidence 
that a new mutation has arisen.
    (3) Animal selection--(i) Species and strain. Mice shall be used as 
the test

[[Page 186]]

species. Male mice shall be either (C3H x 101)F1 
or (101 x C3H)F1 hybrids. Females shall be T stock 
virgins.
    (ii) Age. Healthy sexually mature animals shall be used.
    (iii) Number. A decision on the minimum number of treated animals 
should take into account the spontaneous variation of the biological 
characterization being evaluated. Other considerations should include:
    (A) The use of either historical or concurrent controls.
    (B) The power of the test.
    (C) The minimal rate of induction required.
    (D) The use of positive controls.
    (E) The level of significance desired.
    (iv) Assignment to groups. Animals shall be randomized and assigned 
to treatment and control groups.
    (4) Control groups--(i) Concurrent controls. The use of positive or 
spontaneous controls is left to the discretion of the investigator. 
However, any laboratory which has had no prior experience with the test 
shall, at its first attempt, produce a negative control sample of 20,000 
and a positive control, using 100 mg/kg 1-ethyl-nitrosourea, in a sample 
of 5,000 offspring.
    (ii) Historical controls. Long term, accumulated spontaneous control 
data of 43/801,406 are available for comparative purposes.
    (5) Test chemicals--(i) Vehicle. When possible, test chemicals 
should be dissolved or suspended in distilled water or isotonic saline 
buffered appropriately, if needed, for stability. Water-insoluble 
chemicals shall be dissolved or suspended in appropriate vehicles. The 
vehicle used shall neither interfere with the test compound nor produce 
major toxic effects. Fresh preparations of the test chemical should be 
employed.
    (ii) Dose levels. Usually, only one dose level need be tested. This 
should be the highest dose tolerated without toxic effects, provided 
that any temporary sterility induced due to elimination of spermatagonia 
is of only moderate duration, as determined by a return of males to 
fertility within 80 days after treatment. For evaluation of dose-
response, it is recommended that at least two dose levels be tested.
    (iii) Route of administration. Acceptable routes of administration 
include gavage, inhalation, admixture with food or water, and IP or IV 
injections.
    (e) Test performance--(1) Treatment and mating. Hybrid F1 
(C3 H x 101 or 101 x C3 H) male mice shall be 
treated with the test substance and immediately mated to virgin T stock 
females. Each treated male shall be mated to a fresh group of 2 to 4 
virgin females each week for 7 weeks, after which he shall be returned 
to the first group of females and rotated through the seven sets of 
females repeatedly. This mating schedule generally permits sampling of 
all postspermatagonial stages of germ cell development during the first 
7 weeks and rapid accumulation of data for exposed spermatagonial stem 
cells thereafter. Repeated mating cycles should be conducted until the 
entire spermatogonial cycle has been evaluated and enough offspring have 
been obtained to meet the power criterion of the assay.
    (2) Examination of offspring. (i) Offspring may be examined at (or 
soon after) birth but must be examined at about 3 weeks of age at which 
time the numbers of mutant and nonmutant offspring in each litter shall 
be recorded.
    (ii) Nonmutant progeny should be discarded. Mutant progeny shall be 
subjected to genetic tests for verification.
    (f) Data and report--(1) Treatment of results. Data shall be 
presented in tabular form and shall permit independent analysis of cell 
stage specific effects and dose dependent phenomena. The data shall be 
recorded and analyzed in such a way that clusters of identical mutations 
are clearly identified. The individual mutants detected shall be 
thoroughly described. In addition, concurrent positive and negative 
control data, if they are available, shall be tabulated so that it is 
possible to differentiate between concurrent (when available) and long-
term accumulated mutation frequencies.
    (2) Statistical evaluation. Data shall be evaluated by appropriate 
statistical methods.
    (3) Interpretation of results. (i) There are several criteria for 
determining a

[[Page 187]]

positive result, one of which is a statistically significant dose-
related increase in the number of specific locus mutations. Another 
criterion may be based upon detection of a reproducible and 
statistically significant positive response for at least one of the test 
points.
    (ii) A test substance which does not produce either a statistically 
significant dose-related increase in the number of specific locus 
mutations or a statistically significant and reproducible positive 
response at any one of the test points is considered nonmutagenic in 
this system.
    (iii) Both biological and statistical significance should be 
considered together in the evaluation.
    (4) Test evaluation. (i) Positive results in the MSLT indicate that 
under the test conditions the test substance induces heritable gene 
mutations in the test species.
    (ii) Negative results indicate that under the test conditions the 
test substance does not induce heritable gene mutations in the test 
species.
    (5) Test report. In addition to the reporting requirements as 
specified under 40 CFR part 792, subpart J, and paragraph (h) of this 
section, the following specific information shall be reported:
    (i) Strain, age and weight of animals used, number of animals of 
each sex in experimental and control groups.
    (ii) Test chemical vehicle, doses used and rationale for dose 
selection, toxicity data.
    (iii) Route and duration of exposure.
    (iv) Mating schedule.
    (v) Time of examination for mutant progeny.
    (vi) Criteria for scoring mutants.
    (vii) Use of concurrent or negative controls.
    (viii) Dose response relationship, if applicable.
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Russell, L.B., Shelby, P.B., von Halle, E., Sheridan, W., 
Valcovic, L. The mouse specific locus test with agents other than 
radiations: interpretation of data and recommendations for future work: 
A report of the U.S. EPA's Gene-Tox Program,'' Mutation Research, 
86:329-354 (1981).
    (2) [Reserved]
    (h) Additional requirements. Testing facilities conducting the mouse 
visible specific locus test in accordance with this section shall, in 
addition to adhering to the provisions of Secs. 792.190 and 792.195 of 
this chapter, obtain, and retain for at least 10 years, acceptable 35-mm 
color photographs (and their negatives) demonstrating the visible 
mutations observed in mutant animals and the lack of such mutations in 
their siblings and parents.

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19078, May 20, 1987; 
55 FR 12643, Apr. 5, 1990]



Sec. 798.5265  The salmonella typhimurium reverse mutation assay.

    (a) Purpose. The Salmonella typhimurium histidine (his) reversion 
system is a microbial assay which measures his- 
his= reversion induced by chemicals which cause base changes 
or frameshift mutations in the genome of this organism.
    (b) Definitions. (1) A reverse mutation assay in Salmonella 
typhimurium detects mutation in a gene of a histidine requiring strain 
to produce a histidine independent strain of this organism.
    (2) Base pair mutagens are agents which cause a base change in the 
DNA. In a reversion assay, this change may occur at the site of the 
original mutation or at a second site in the chromosome.
    (3) Frameshift mutagens are agents which cause the addition or 
deletion of single or multiple base pairs in the DNA molecule.
    (c) Reference substances. These may include, but need not be limited 
to, sodium azide, 2-nitrofluorene, 9-aminoacridine, 2-aminoanthracene, 
congo red, benzopurpurin 4B, trypan blue or direct blue 1.
    (d) Test method--(1) Principle. Bacteria are exposed to test 
chemical with and without a metabolic activation system and plated onto 
minimal medium. After a suitable period of incubation, revertant 
colonies are counted and compared to the number of spontaneous 
revertants in an untreated and/or vehicle control culture.

[[Page 188]]

    (2) Description. Several methods for performing the test have been 
described. Among those used are:
    (i) The direct plate incorporation method.
    (ii) The preincubation method.
    (iii) The azo-reduction method.


The procedures described here are for the direct plate incorporation 
method and the azo-reduction method.
    (3) Strain selection--(i) Designation. At the present time four 
strains, TA 1535, TA 1537, TA 98 and TA 100 should be used. The use of 
other strains in addition to these four is left to the discretion of the 
investigator.
    (ii) Preparation and storage. Recognized methods of stock culture 
preparation and storage should be used. The requirement of histidine for 
growth should be demonstrated for each strain. Other phenotypic 
characteristics should be checked using such methods as crystal violet 
sensitivity and resistance to ampicillin. Spontaneous reversion 
frequency should be in the range expected either as reported in the 
literature or as established in the laboratory by historical control 
values.
    (iii) Bacterial growth. Fresh cultures of bacteria should be grown 
up to the late exponential or early stationary phase of growth 
(approximately 108-109 cells per ml).
    (4) Metabolic activation. Bacteria should be exposed to the test 
substance both in the presence and absence of an appropriate metabolic 
activation system. For the direct plate incorporation method, the most 
commonly used system is a cofactor supplemented postmitochondrial 
fraction prepared from the livers of rodents treated with enzyme 
inducing agents such as Aroclor 1254. For the azo-reduction method, a 
cofactor supplemented postmitochondrial fraction prepared from the 
livers of untreated hamsters is preferred. For this method, the cofactor 
supplement should contain flavin mononucleotide, exogenous glucose 6-
phosphate dehydrogenase, NADH and excess of glucose-6-phosphate.
    (5) Control groups--(i) Concurrent controls. Concurrent positive and 
negative (untreated and/or vehicle) controls shall be included in each 
experiment. Positive controls shall ensure both strain responsiveness 
and efficacy of the metabolic activation system.
    (ii) Strain specific positive controls. Strain specific positive 
controls shall be included in the assay. Examples of strain specific 
positive controls are as follows:
    (A) Strain TA 1535, TA 100, sodium azide.
    (B) TA 98, 2-nitrofluorene.
    (C) TA 1537, 9-aminoacridine.
    (iii) Positive controls to ensure the efficacy of the activation 
system. The positive control reference substance for tests including a 
metabolic activation system should be selected on the basis of the type 
of activation system used in the test. 2-Aminoanthracene is an example 
of a positive control compound in plate-incorporation tests using 
postmitochondrial fractions from the livers of rodents treated with 
enzyme inducing agents such as Aroclor-1254. Congo red is an example of 
a positive control compound in the azo-reduction method. Other positive 
control reference substances may be used.
    (iv) Class-specific positive controls. The azo-reduction method 
should include positive controls from the same class of compounds as the 
test agent wherever possible.
    (6) Test chemicals--(i) Vehicle. Test chemicals and positive control 
reference substances should be dissolved or suspended in an appropriate 
vehicle and then further diluted in vehicle for use in the assay.
    (ii) Exposure concentrations. (A) The test should initially be 
performed over a broad range of concentrations. Among the criteria to be 
taken into consideration for determining the upper limits of test 
chemical concentration are cytotoxicity and solubility. Cytotoxicity of 
the test chemical may be altered in the presence of metabolic activation 
systems. Toxicity may be evidenced by a reduction in the number of 
spontaneous revertants, a clearing of the background lawn or by the 
degree of survival of treated cultures. Relatively insoluble compounds 
should be tested up to the limits of solubility. For freely soluble 
nontoxic chemicals, the upper test chemical concentration should be 
determined on a case by case basis.

[[Page 189]]

    (B) Generally, a maximum of 5 mg/plate for pure substances is 
considered acceptable. At least 5 different amounts of test substance 
shall be tested with adequate intervals between test points.
    (C) When appropriate, a single positive response shall be confirmed 
by testing over a narrow range of concentrations.
    (e) Test performance--(1) Direct plate incorporation method. For 
this test without metabolic activation, test chemica1 and 0.1 m1 of a 
fresh bacterial culture should be added to 2.0 ml of overlay agar. For 
tests with metabolic activation, 0.5 ml of activation mixture containing 
an adequate amount of postmitochondrial fraction should be added to the 
agar overlay after the addition of test chemical and bacteria. Contents 
of each tube shall be mixed and poured over the surface of a selective 
agar plate. Overlay agar shall be allowed to solidify before incubation. 
At the end of the incubation period, revertant colonies per plate shall 
be counted.
    (2) Azo-reduction method. (i) For this test with metabolic 
activation, 0.5 ml of S-9 mix containing 150 ul of S-9 and 0.1 ml of 
bacterial culture should be added to a test tube kept on ice. One-tenth 
milliliter of chemical should be added, and the tubes should be 
incubated with shaking at 30  deg.C for 30 min. At the end of the 
incubation period, 2.0 ml of agar should be added to each tube, the 
contents mixed and poured over the surface of a selective agar plate. 
Overlay agar shall be allowed to solidify before incubation. At the end 
of the incubation period, revertant colonies per plate shall be counted.
    (ii) For tests without metabolic activation, 0.5 ml of buffer should 
be used in place of the 0.5 ml of S-9 mix. All other procedures shall be 
the same as those used for the test with metabolic activation.
    (3) Other methods. Other methods may also be appropriate.
    (4) Media. An appropriate selective medium with an adequate overlay 
agar shall be used.
    (5) Incubation conditions. All plates within a given experiment 
shall be incubated for the same time period. This incubation period 
shall be for 48-72 hours at 37  deg.C.
    (6) Number of cultures. All plating should be done at least in 
triplicate.
    (f) Data and report--(1) Treatment of results. Data shall be 
presented as number of revertant colonies per plate for each replicate 
and dose. The numbers of revertant colonies on both negative (untreated 
and/or vehicle) and positive control plates shall also be presented. 
Individual plate counts, the mean number of revertant colonies per plate 
and standard deviation shall be presented for test chemical and positive 
and negative (untreated and/or vehicle) controls.
    (2) Statistical evaluation. Data should be evaluated by appropriate 
statistical methods.
    (3) Interpretation of results. (i) There are several criteria for 
determining a positive result, one of which is a statistically 
significant dose-related increase in the number of revertants. Another 
criterion may be based upon detection of a reproducible and 
statistically significant positive response for at least one of the test 
substance concentrations.
    (ii) A test substance which does not produce either a statistically 
significant dose-related increase in the number of revertants or a 
statistically significant and reproducible positive response at any one 
of the test points is considered nonmutagenic in this system.
    (iii) Both biological and statistical significance should be 
considered together in the evaluation.
    (4) Test evaluation. (i) Positive results from the S. typhimurium 
reverse mutation assay indicate that, under the test conditions, the 
test substance induces point mutations by base changes or frameshifts in 
the genome of this organism.
    (ii) Negative results indicate that under the test conditions the 
test substance is not mutagenic in S. typhimurium.
    (5) Test report. In addition to the reporting recommendations as 
specified under 40 CFR part 792, subpart J, the following specific 
information shall be reported:
    (i) Bacterial strain used.

[[Page 190]]

    (ii) Metabolic activation system used (source, amount and cofactor); 
details of preparations of S-9 mix.
    (iii) Dose levels and rationale for selection of dose.
    (iv) Positive and negative controls.
    (v) Individual plate counts, mean number of revertant colonies per 
plate, standard deviation.
    (vi) Dose-response relationship, if applicable.
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Ames, B.N., McCann, J., Yamasaki, E. ``Methods for detecting 
carcinogens and mutagens with the Salmonella/ mammalian-microsome 
mutagenicity test,'' Mutation Research 31:347-364 (1975).
    (2) de Serres, F.J., Shelby, M.D. ``The Salmonella mutagenicity 
assay: recommendations,'' Science 203:563-565 (1979).
    (3) Prival, M.J., Mitchell, V.D. ``Analysis of a method for testing 
azo dyes for mutagenic activity in Salmonella typhimurium in the 
presence of flavin mononucleotide and hamster liver S-9,'' Mutation 
Research 97:103-116 (1982).
    (4) Vogel, H.J., Bonner, D.M. ``Acetylornithinase of E. coli: 
partial purification and some properties,'' Journal of Biological 
Chemistry. 218:97-106 (1956).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19078, May 20, 1987]



Sec. 798.5275  Sex-linked recessive lethal test in drosophila melanogaster.

    (a) Purpose. The sex-linked recessive lethal (SLRL) test using 
Drosophila melanogaster detects the occurrence of mutations, both point 
mutations and small deletions, in the germ line of the insect. This test 
is a forward mutation assay capable of screening for mutations at about 
800 loci on the X-chromosome. This represents about 80 percent of all X-
chromosome loci. The X-chromosome represents approximately one-fifth of 
the entire haploid genome.
    (b) Definitions. (1) Lethal mutation is a change in the genome 
which, when expressed, causes death to the carrier.
    (2) Recessive mutation is a change in the genome which is expressed 
in the homozygous or hemizygous condition.
    (3) Sex-Linked genes are present on the sex (X or Y) chromosomes. 
Sex-linked genes in the context of this guideline refer only to those 
located on the X-chromosome.
    (c) Reference substances. These may include, but need not be limited 
to, ethyl methanesulfonate or N-nitroso-dimethylamine.
    (d) Test method--(1) Principle. Mutations in the X-chromosome of D. 
melanogaster are phenotypically expressed in males carrying the mutant 
gene. When the mutation is lethal in the hemizygous condition, its 
presence is inferred from the absence of one class of male offspring out 
of the two that are normally produced by a heterozygous female. The SLRL 
test takes advantage of these facts by means of specially marked and 
arranged chromosomes.
    (2) Description. Wild-type males are treated and mated to 
appropriate females. Female offspring are mated individually to their 
brothers, and in the next generation the progeny from each separate dose 
are scored for phenotypically wild-type males. Absence of these males 
indicates that a sex-linked recessive lethal mutation has occurred in a 
germ cell of the P1 male.
    (3) Drosophila stocks. Males of a well-defined wild type stock and 
females of the Muller-5 stock may be used. Other appropriately marked 
female stocks with multiple inverted X-chromosomes may also be used.
    (4) Control groups--(i) Concurrent controls. Concurrent positive and 
negative (vehicle) controls shall be included in each experiment.
    (ii) Positive controls. Examples of positive controls include ethyl 
methanesulfonate and N-nitroso-dimethylamine.
    (iii) Other positive controls. Other positive control reference 
substances may be used.
    (iv) Negative controls. Negative (vehicle) controls shall be 
included. The size of the negative (vehicle) control group shall be 
determined by the availability of appropriate laboratory historical 
control data.

[[Page 191]]

    (5) Test chemicals--(i) Vehicle. Test chemicals should be dissolved 
in water. Compounds which are insoluble in water may be dissolved or 
suspended in appropriate vehicles (e.g., a mixture of ethanol and Tween-
60 or 80) and then diluted in water or saline prior to administration. 
Dimethylsulfoxide should br avoided as a vehicle.
    (ii) Dose levels. For the initial assessment of mutagenicity, it is 
sufficient to test a single dose of the test substance for screening 
purposes. This dose should be the maximum tolerated dose, or that which 
produces some indication of toxicity, or shall be the highest dose 
attainable. For dose-response purposes, at least three additional dose 
levels should be used.
    (iii) Route of administration. Exposure may be oral, by injection or 
by exposure to gases or vapors. Feeding of the test compound may be done 
in sugar solution. When necessary, substances may be dissolved in 0.7 
percent NaCl solution and injected into the thorax or abdomen.
    (e) Test performance--(1) Treatment and mating. Wild-type males (3 
to 5 days old) shall be treated with the test substance and mated 
individually to an appropriate number of virgin females from the Muller-
5 stock or females from another appropriately marked (with multiply-
inverted X-chromosomes) stock. The females shall be replaced with fresh 
virgins every 2 to 3 days to cover the entire germ cell cycle. The 
offspring of these females are scored for lethal effects corresponding 
to the effects on mature sperm, mid or late stage spermatids, early 
spermatids, spermatocytes and spermatogonia at the time of treatment.
    (2) F11 matings. Heterozygous F1 females from 
the above crosses shall be allowed to mate individually (i.e., one 
female per vial) with their brothers. In the F2 generation, 
each culture shall be scored for the absence of wild-type males. If a 
culture appears to have arisen from an F1 female carrying a 
lethal in the parental X-chromosome (i.e., no males with the treated 
chromosome are observed), daughters of that female with the same 
genotype shall be tested to ascertain if the lethality is repeated in 
the next generation.
    (3) Number of matings. (i) The test should be designed with a 
predetermined sensitivity and power. The number of flies in each group 
should reflect these defined parameters. The spontaneous mutant 
frequency observed in the appropriate control group will strongly 
influence the number of treated chromosomes that must be analysed to 
detect substances which show mutation rates close to those of the 
controls.
    (ii) Test results should be confirmed in a separate experiment.
    (f) Data and report--(1) Treatment of results. Data shall be 
tabulated to show the number of chromosomes tested, the number of 
nonfertile males and the number of lethal chromosomes at each exposure 
concentration and for each mating period for each male treated. Numbers 
of clusters of different size per male shall be reported.
    (2) Statistical evaluation. Data shall be evaluated by appropriate 
statistical techniques.
    (3) Interpretation of results. (i) There are several criteria for 
determining a positive result, one of which is a statistically 
significant dose-related increase in the number of sex-lined recessive 
lethals. Another criterion may be based upon detection of a reproducible 
and statistically significant positive response for at least one of the 
test points.
    (ii) A test substance which does not produce either a statistically 
significant dose-related increase in the number of sex-linked recessive 
lethals or a statistically significant and reproducible positive 
response at any one of the test points is considered non-mutagenic in 
this system.
    (iii) Both biological and statistical significance should be 
considered together in the evaluation.
    (4) Test evaluation. (i) Positive results in the SLRL test in D. 
melanogaster indicate that under the test conditions the test agent 
causes mutations in germ cells of this insect.
    (ii) Negative results indicate that under the test conditions the 
test substance is not mutagenic in D. melanogaster.

[[Page 192]]

    (5) Test report. In addition to the reporting recommendations as 
specified under 40 CFR part 792, subpart J the following specific 
information shall be reported.
    (i) Drosophila stock used in the assay, age of insects, number of 
males treated, number of sterile males, number of F2 cultures 
established, number of F2 cultures without progeny.
    (ii) Test chemical vehicle, treatment and sampling schedule, 
exposure levels, toxicity data, negative (vehicle) and positive 
controls, if appropriate.
    (iii) Criteria for scoring lethals.
    (iv) Number of chromosomes tested, number of chromosomes scored, 
number of chromosomes carrying a lethal mutation.
    (v) Historical control data, if available.
    (vi) Dose-response relationship, if applicable.
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Sobels, F.H., Vogel, E. ``The capacity of Drosophila for 
detecting relevant genetic damage,'' Mutation Research 41:95-106 (1976).
    (2) Wurgler F.E., Sobels F.H., Vogel E. ``Drosophila as assay system 
for detecting genetic changes,'' Handbook of mutagenicity test 
procedures. Eds. Kilbey, B.J., Legator, M., Nichols, W., Ramel, C., 
(Amsterdam: Elsevier/North Holland Biomedical Press, 1977) pp. 335-373.

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19079, May 20, 1987]



Sec. 798.5300  Detection of gene mutations in somatic cells in culture.

    (a) Purpose. Mammalian cell culture systems may be used to detect 
mutations induced by chemical substances. Widely used cell lines include 
L5178Y mouse lymphoma cells and the CHO and V-79 lines of Chinese 
hamster cells. In these cell lines the most commonly used systems 
measure mutation at the thymidine kinase (TK), hypoxanthine-guanine-
phosphoribosyl transferase (HPRT) and Na=/K= 
ATPase loci. The TK and HPRT mutational systems detect base pair 
mutations, frameshift mutations, and small deletions; the 
Na=/K= ATPase system detects base pair mutations 
only.
    (b) Definitions. (1) A forward mutation assay detects a gene 
mutation from the parental type to the mutant form which gives rise to a 
change in an enzymatic or functional protein.
    (2) Base pair mutagens are agents which cause a base change in the 
DNA.
    (3) Frameshift mutagens are agents which cause the addition or 
deletion of single or multiple base pairs in the DNA molecule.
    (4) Phenotypic expression time is a period during which unaltered 
gene products are depleted from newly mutated cells.
    (c) Reference substances. These may include, but need not be limited 
to, ethyl methanesulfonate, N-nitroso-dimethylamine, 2-
acetylaminofluorene, 7,12-dimethylbenzanthracene or hycanthone.
    (d) Test method--(1) Principle. Cells are exposed to test substance, 
both with and without metabolic activation, for a suitable period of 
time and subcultured to determine cytotoxicity and to allow phenotypic 
expression prior to mutant selection. Cells deficient in thymidine 
kinase (TK) due to the forward mutation TK= 
TK- are resistant to the cytotoxic effects of pyrimidine 
analogues such as bromodeoxyuridine (BrdU), fluorodeoxyuridine (FdU) or 
trifluorothymidine (TFT). The deficiency of the ``salvage'' enzyme 
thymidine kinase means that these antimetabolites are not incorporated 
into cellular nucleotides and the nucleotides needed for cellular 
metabolism are obtained solely from de novo synthesis. However, in the 
presence of thymidine kinase, BrdU, FdU or TFT are incorporated into the 
nucleotides, resulting in inhibition of cellular metabolism and 
cytotoxicity. Thus mutant cells are able to proliferate in the presence 
of BrdU, FdU or TFT whereas normal cells, which contain thymidine 
kinase, are not. Similarly cells deficient in HPRT are selected by 
resistance to 8-azaguanine (AG) or 6-thioguanine (TG) and cells with 
altered Na=/K= ATPase are selected by resistance 
to ouabain.
    (2) Description. Cells in suspension or monolayer culture are 
exposed to the test substance, both with and without

[[Page 193]]

metabolic activation, for a defined period of time. Cytotoxicity is 
determined by measuring the colony forming ability or growth rate of the 
cultures after the treatment period. The treated cultures are maintained 
in growth medium for a sufficient period of time--characteristic of each 
selected locus--to allow near-optimal phenotypic expression of induced 
mutations. Mutant frequency is determined by seeding known numbers of 
cells in medium containing the selective agent to detect mutant cells, 
and in medium without selective agent to determine the cloning 
efficiency. After a suitable incubation time, cell colonies are counted. 
The number of mutant colonies in selective medium is adjusted by the 
number of colonies in nonselective medium to derive the mutant 
frequency.
    (3) Cells--(i) Type of cells used in the assay. A variety of cell 
lines are available for use in this assay including subclones of L5178Y, 
CHO cells or V-79 cells. Cell types used in this assay should have a 
demonstrated sensitivity to chemical mutagens, a high cloning efficiency 
and a low spontaneous mutation frequency. Cells should be checked for 
Mycoplasma contamination and may be periodically checked for karyotype 
stability.
    (ii) Cell growth and maintenance. Appropriate culture media and 
incubation conditions (culture vessels, CO2 concentrations, 
temperature and humidity) shall be used.
    (4) Metabolic activation. Cells shall be exposed to test substance 
both in the presence and absence of an appropriate metabolic activation 
system.
    (5) Control groups. Positive and negative (untreated and/or vehicle) 
controls shall be included in each experiment. When metabolic activation 
is used, the positive control substance shall be known to require such 
activation.
    (6) Test chemicals--(i) Vehicle. Test substances may be prepared in 
culture media or dissolved or suspended in appropriate vehicles prior to 
treatment of the cells. The final concentration of the vehicle shall not 
interfere with cell viability or growth rate. Treatment vessels should 
be chosen to ensure that there is no visible interaction, such as 
etching, between the solvent, the test chemical, and the vessel.
    (ii) Exposure concentrations. (A) The test should be designed to 
have a predetermined sensitivity and power. The number of cells, 
cultures, and concentrations of test substance used should reflect these 
defined parameters. The number of cells per culture is based on the 
expected background mutant frequency; a general guide is to use a number 
which is 10 times the inverse of this frequency.
    (B) Several concentrations (usually at least 4) of the test 
substance shall be used. Generally, these shall yield a concentration-
related toxic effect. The highest concentration shall produce a low 
level of survival (approximately 10 percent), and the survival in the 
lowest concentration shall approximate the negative control. 
Cytotoxicity shall be determined after treatment with the test substance 
both in the presence and in the absence of an exogenous metabolic 
activation system. Relatively insoluble substances should be tested up 
to their limit of solubility under culture conditions. For freely-
soluble nontoxic substances the highest concentration used should be 
determined on a case-by-case basis.
    (e) Test performance. (1) Cells shall be exposed to the test 
substance both with and without exogenous metabolic activation. Exposure 
shall be for a suitable period of time, in most cases 1 to 5 hours is 
effective; exposure time may be extended over one or more cell cycles.
    (2) At the end of the exposure period, cells shall be washed and 
cultured to determine viability and to allow for expression of the 
mutant phenotype.
    (3) At the end of the expression period, which shall be sufficient 
to allow near optimal phenotypic expression of induced mutants, cells 
should be grown in medium with and without selective agent(s) for 
determination of number of mutants and cloning efficiency, respectively.
    (4) Results shall be confirmed in an independent experiment. When 
appropriate, a single positive response should be confirmed by testing 
over a narrow range of concentrations.

[[Page 194]]

    (f) Data and report--(1) Treatment of results. Data shall be 
presented in tabular form. Individual colony counts for the treated and 
control groups shall be presented for both mutation induction and 
survival. Survival and cloning efficiencies shall be given as a 
percentage of the controls. Mutant frequency shall be expressed as 
number of mutants per number of surviving cells.
    (2) Statistical evaluation. Data should be evaluated by appropriate 
statistical methods.
    (3) Interpretation of results. (i) There are several criteria for 
determining a positive result, one of which is a statistically 
significant concentration-related increase in the mutant frequency. 
Another criterion may be based upon detection of a reproducible and 
statistically significant positive response for at least one of the test 
substance concentrations.
    (ii) A test substance which does not produce either a statistically 
significant concentration-related increase in the mutant frequency or a 
statistically significant and reproducible positive response at any one 
of the test points is considered nonmutagenic in this system.
    (iii) Both biological and statistical significance should be 
considered together in the evaluation.
    (4) Test evaluation. (i) Positive results for an in vitro mammalian 
cell gene mutation test indicate that, under the test conditions, a 
substance induces gene mutations in the cultured mammalian cells used.
    (ii) Negative results indicate that, under the test conditions, the 
test substance does not induce gene mutations in the cultured mammalian 
cells used.
    (5) Test report. In addition to the reporting recommendations as 
specified under 40 CFR part 792, subpart J the following specific 
information shall be reported:
    (i) Cell type used, number of cell cultures, methods used for 
maintenance of cell cultures.
    (ii) Rationale for selection of concentrations and number of 
cultures.
    (iii) Test conditions: composition of media, CO2 
concentration, concentration of test substance, vehicle, incubation 
temperature, incubation time, duration of treatment, cell density during 
treatment, type of metabolic activation system, positive and negative 
controls, length of expression period (including number of cells seeded 
and subculture and feeding schedules, if appropriate), selective 
agent(s).
    (iv) Methods used to enumerate numbers of viable and mutant cells.
    (v) Dose-response relationship, where possible.
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Amacher, D.E., Paillet, S.C., Ray, V. ``Point mutations at the 
thymidine kinase locus in L5178Y mouse lymphoma cells. I. Application to 
genetic toxicology testing,'' Mutation Research, 64:391-406 (1979).
    (2) Amacher, D.E., Paillet, S.C., Turner, G.N., Ray, V.A. Salsburg, 
V.A. ``Point mutations at the thymidine kinase locus in L5178Y mouse 
lymphoma cells. II. Test validation and interpretation,'' Mutation 
Research, 72:447-474 (1980).
    (3) Bradley, M.O., Bhuyan B., Francis, M.C., Langenback, R., 
Peterson, A., Huberman, E. ``Mutagenesis by chemical agents in V-79 
Chinese hamster cells: a review and analysis of the literature: a report 
of the Gene-Tox Program,'' Mutation Research, 87:81-142 (1981).
    (4) Clive, D., Johnson, K.O., Spector, J.F.S., Batson, A.G., Brown, 
M.M. ``Validation and characterization of the L5178Y TK=/
- mouse lymphoma mutagen assay system,'' Mutation Research, 
59:61-108 (1979).
    (5) Clive, D., Spector, J.F.S. ``Laboratory procedures for assessing 
specific locus mutations at the TK locus in cultured L5178Y mouse 
lymphoma cells,'' Mutation Research, 31:17-29 (1975).
    (6) Hsie, A.W., Casciano, D.A., Couch, D.B., Krahn, D.F., O'Neill, 
J.P., Whitfield, B.L. ``The use of Chinese hamster ovary cells to 
quantify specific locus mutation and to determine mutagenicity of 
chemicals: a report of the U.S. EPA's Gene-Tox Program,'' Mutation 
Research, 86:193-214 (1981).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19079, May 20, 1987]

[[Page 195]]



Sec. 798.5375  In vitro mammalian cytogenetics.

    (a) Purpose. The in vitro cytogenetics test is a mutagenicity test 
system for the detection of chromosomal aberrations in cultured 
mammalian cells. Chromosomal aberrations may be either structural or 
numerical. However, because cytogenetic assays are usually designed to 
analyse cells at their first post-treatment mitosis and numerical 
aberrations require at least one cell division to be visualized, this 
type of aberration is generally not observed in a routine cytogenetics 
assay. Structural aberrations may be of two types, chromosome or 
chromatid.
    (b) Definitions. (1) Chromosome-type aberrations are changes which 
result from damage expressed in both sister chromatids at the same time.
    (2) Chromatid-type aberrations are damage expressed as breakage of 
single chromatids or breakage and/or reunion between chromatids.
    (c) Reference substances. Not applicable.
    (d) Test method--(1) Principle. In vitro cytogenetics assays may 
employ cultures of established cell lines, cell strains or primary cell 
cultures. Cell cultures are exposed to the test substance both with and 
without metabolic activation. Following exposure of cell cultures to 
test substances, they are treated with a spindle inhibitor (e.g., 
colchicine or Colcemid) to arrest cells in a metaphase-like 
stage of mitosis (c-metaphase). Cells are then harvested and chromosome 
preparations made. Preparations are stained and metaphase cells are 
analyzed for chromosomal aberrations.
    (2) Description. Cell cultures are exposed to test compounds and 
harvested at various intervals after treatment. Prior to harvesting, 
cells are treated with a spindle inhibitor (e.g., colchicine or 
Colcemid) to accumulate cells in c-metaphase. Chromosome 
preparations from cells are made, stained and scored for chromosomal 
aberrations.
    (3) Cells--(i) Type of cells used in the assay. There are a variety 
of cell lines or primary cell cultures, including human cells, which may 
be used in the assay. Established cell lines and strains should be 
checked for Mycoplasma contamination and may be periodically checked for 
karyotype stability.
    (ii) Cell growth and maintenance. Appropriate culture media, and 
incubation conditions (culture vessels CO2 concentrations, 
temperature and humidity) shall be used.
    (4) Metabolic activation. Cells shall be exposed to test substance 
both in the presence and absence of an appropriate metabolic activation 
system.
    (5) Control groups. Positive and negative (untreated and/or vehicle) 
controls both with and without metabolic activation shall be included in 
each experiment. When metabolic activation is used, the positive control 
substance shall be known to require such activation.
    (6) Test chemicals--(i) Vehicle. Test substances may be prepared in 
culture media or dissolved or suspended in appropriate vehicles prior to 
treatment of the cells. Final concentration of the vehicle shall not 
interfere with cell viability or growth rate. Treatment vessels should 
be chosen to ensure that there is no visible interaction, such as 
etching, between the solvent, the test chemical, and the vessel.
    (ii) Exposure concentrations. Multiple concentrations of the test 
substance over a range adequate to define the response should be tested. 
Generally the highest test substance concentrations tested with and 
without metabolic activation should show evidence of cytotoxicity or 
reduced mitotic activity. Relatively insoluble substances should be 
tested up to the limit of solubility. For freely soluble nontoxic 
chemicals, the upper test chemical concentration should be determined on 
a case by case basis.
    (e) Test performance--(1) Established cell lines and strains. Prior 
to use in the assay, cells should be generated from stock cultures, 
seeded in culture vessels at the appropriate density and incubated at 37 
 deg.C.
    (2) Human lymphocyte cultures. Heparinized or acid-citrate-dextrose 
whole blood should be added to culture medium containing a mitogen, 
e.g., phytohemagglutinin (PHA) and incubated at 37  deg.C. White cells 
sedimented by gravity (buffy coat) or lymphocytes

[[Page 196]]

which have been purified on a density gradient may also be utilized.
    (3) Treatment with test substance. For established cell lines and 
strains, cells in the exponential phase of growth shall be treated with 
test substances in the presence and absence of an exogenous metabolic 
activation system. Mitogen-stimulated human lymphocyte cultures may be 
treated with the test substance in a similar manner.
    (4) Number of cultures. At least two independent cultures shall be 
used for each experimental point.
    (5) Culture harvest time. (i) For established cell lines and 
strains, multiple harvest times are recommended. However, for screening 
purposes, a single harvest time may be appropriate. If the test chemical 
changes the cell cycle length, the fixation intervals should be changed 
accordingly. If a single harvest time is selected, supporting data for 
the harvest time should be presented in such a study.
    (ii) For human lymphocyte cultures, the substance to be tested may 
be added to the cultures at various times after mitogen stimulation so 
that there is a single harvest time after the initiation of the cell 
culture. Alternatively, a single treatment may be followed by multiple 
harvest times. Harvest time should be extended for those chemicals which 
induce an apparent cell cycle delay. Because the population of human 
lymphocytes is only partially synchronized, a single treatment, at, or 
close to, the time when metaphase stages first appear in the culture 
will include cells in all phases of the division cycle. Therefore, a 
single harvest at the time of second mitosis may be carried out for 
screening purposes.
    (iii) Cell cultures shall be treated with a spindle inhibitor, 
(e.g., colchicine or Colcemid), 1 or 2 hours prior to 
harvesting. Each culture shall be harvested and processed separately for 
the preparation of chromosomes.
    (6) Chromosome preparation. Chromosome preparation involves 
hypotonic treatment of the cells, fixation and staining.
    (7) Analysis. Slides shall be coded before analysis. In human 
lymphocytes, only cells containing 46 centromeres shall be analyzed. In 
established cell lines and strains, only metaphases containing 
2 centromeres of the modal number shall be analyzed. Uniform 
criteria for scoring aberrations shall be used.
    (8) Confirmatory tests. When appropriate, a single positive response 
shall be confirmed by testing over a narrow range of concentrations.
    (f) Data and report--(1) Treatment of results. Data shall be 
presented in a tabular form. Different types of structural chromosomal 
aberrations shall be listed with their numbers and frequencies for 
experimental and control groups. Data should be evaluated by appropriate 
statistical methods. Gaps or achromatic lesions are recorded separately 
and not included in the total aberration frequency.
    (2) Statistical evaluation. Data should be evaluated by appropriate 
statistical methods.
    (3) Interpretation of results. (i) There are several criteria for 
determining a positive result, one of which is a statistically 
significant dose-related increase in the number of structural 
chromosomal aberrations. Another criterion may be based upon detection 
of a reproducible and statistically significant positive response for at 
least one of the test substance concentrations.
    (ii) A test substance which does not produce either a statistically 
significant dose-related increase in the number of structural 
chromosomal aberrations or a statistically significant and reproducible 
positive response at any one of the test points is considered 
nonmutagenic in this system.
    (iii) Both biological and statistical significance should be 
considered together in the evaluation.
    (4) Test evaluation. (i) Positive results in the in vitro 
cytogenetics assay indicate that under the test conditions the test 
substance induces chromosomal aberrations in cultured mammalian somatic 
cells.
    (ii) Negative results indicate that under the test conditions the 
test substance does not induce chromosomal aberrations in cultured 
mammalian somatic cells.
    (5) Test report. In addition to the reporting recommendations as 
specified under 40 CFR part 792, subpart J the

[[Page 197]]

following specific information shall be reported:
    (i) Cells used, density and passage number at time of treatment, 
number of cell cultures.
    (ii) Methods used for maintenance of cell cultures including medium, 
temperature and CO2 concentration.
    (iii) Test chemical vehicle, concentration and rationale for the 
selection of the concentrations used in the assay, duration of 
treatment.
    (iv) Details of both the protocol used to prepare the metabolic 
activation system and of its use in the assay.
    (v) Identity of spindle inhibitor, its concentration and duration of 
treatment.
    (vi) Date of cell harvest.
    (vii) Positive and negative controls.
    (viii) Methods used for preparation of slides for microscopic 
examination.
    (ix) Number of metaphases analysed.
    (x) Mitotic index where applicable.
    (xi) Criteria for scoring aberrations.
    (xii) Type and number of aberrations, given separately for each 
treated and control culture, total number of aberrations per group; 
frequency distribution of number of chromosomes in established cell 
lines and strains.
    (xiii) Dose-response relationship, if applicable.
    (g) References. For additional background information on this test 
guideline the following references should be consulted.
    (1) Ames, B.N., McCann, J., Yamasaki, E. ``Methods for detecting 
carcinogens and mutagens with the Salmonella/ mammalian-microsome 
mutagenicity test,'' Mutation Research, 31:347-364 (1975).
    (2) Evans, H.J. ``Cytological methods for detecting chemical 
mutagens,'' Chemical mutagens, principles and methods for their 
detection, Vol. 4, Ed. A. Hollaender (New York, London: Plenum Press, 
1976) pp. 1-29.
    (3) Howard, P.N., Bloom, A.D., Krooth, R.S. ``Chromosomal 
aberrations induced by N-methyl-N'-nitro-N-nitrosoguanidine in mammalian 
cells,'' In Vitro 7:359-365 (1972).
    (4) Ishidate, M. Jr., Odashima, S. ``Chromosome tests with 134 
compounds on Chinese hamster cells in vitro: A screening for chemical 
carcinogens,'' Mutation Research, 48:337-354 (1975).
    (5) Preston, R.J., Au, W., Bender, M.A., Brewen, J.G., Carrano, 
A.V., Heddle, J.A., McFee, A.F., Wolff, S., Wassom, J.S., ``Mammalian in 
vivo and in vitro cytogenetic assays: A report of the Gene-tox 
Program,'' Mutation Research, 87:143-188 (1981).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19079, May 20, 1987]



Sec. 798.5385  In vivo mammalian bone marrow cytogenetics tests: Chromosomal analysis.

    (a) Purpose. The in vivo bone marrow cytogenetic test is a 
mutagenicity test for the detection of structural chromosomal 
aberrations. Chromosomal aberrations are generally evaluated in first 
post-treatment mitoses. With the majority of chemical mutagens, induced 
aberrations are of the chromatid type but chromosome type aberrations 
also occur.
    (b) Definitions. (1) Chromosome-type aberrations are changes which 
result from damage expressed in both sister chromatids at the same time.
    (2) Chromatid-type aberrations are damage expressed as breakage of 
single chromatids or breakage and/or reunion between chromatids.
    (c) Reference substances. Not applicable.
    (d) Test method--(1) Principle. Animals are exposed to test 
chemicals by appropriate routes and are sacrificed at sequential 
intervals. Chromosome preparations are made from bone marrow cells. The 
stained preparations are examined and metaphase cells are scored for 
chromosomal aberrations.
    (2) Description. The method employs bone marrow of laboratory 
rodents which have been exposed to test chemicals. Prior to sacrifice, 
animals are further treated with a spindle inhibitor, (e.g., colchicine 
or Colcemid ) to arrest the cells in c-metaphase. Chromosome 
preparations from the cells are stained and scored for chromosomal 
aberrations.
    (3) Animal selection--(i) Species and strain. Any appropriate 
mammalian species may be used. Examples of commonly used rodent species 
are rats, mice, and hamsters.

[[Page 198]]

    (ii) Age. Healthy young adult animals shall be used.
    (iii) Number and sex. At least five female and five male animals per 
experimental and control group shall be used. Thus, 10 animals would be 
sacrificed per time per group treated with the test compound if several 
test times after treatment are included in the experimental schedule. 
The use of a single sex or smaller number of animals should be 
justified.
    (iv) Assignment to groups. Animals shall be randomized and assigned 
to treatment and control groups.
    (4) Control groups--(1) Concurrent controls. (i) Concurrent positive 
and negative (vehicle) controls shall be included in the assay.
    (ii) Positive controls. A single dose positive control showing a 
significant response at any one time point is adequate. A compound known 
to produce chromosomal aberrations in vivo shall be employed as the 
positive control.
    (5) Test chemicals--(i) Vehicle. When possible, test chemicals shall 
be dissolved in isotonic saline or distilled water. Water insoluble 
chemicals may be dissolved or suspended in appropriate vehicles. The 
vehicles used shall neither interfere with the test chemical nor produce 
toxic effects. Fresh preparations of the test compound should be 
employed.
    (ii) Dose levels. For an initial assessment, one dose of the test 
substance may be used, the dose being the maximum tolerated dose (to a 
maximum of 5,000 mg/kg) or that producing some indication of 
cytotoxicity (e.g., partial inhibition of mitosis) or shall be the 
highest dose attainable (to a maximum of 5,000 mg/kg). Additional dose 
levels may be used. For determination of dose-response, at least three 
dose levels should be used.
    (iii) Route of administration. The usual routes are oral or by 
intraperitoneal injection. Other routes may be appropriate.
    (iv) Treatment schedule. In general, test substances should be 
administered once only. However, based on toxicological information a 
repeated treatment schedule may be employed.
    (e) Test performance--(1) Generally the test may be performed in two 
assays. (i) Animals should be treated with the test substance once at 
the selected dose(s). Samples should be taken at three times after 
treatment. For rodents, the central sampling interval is 24 hours. Since 
cell cycle kinetics can be influenced by the test substance, one earlier 
and one later sampling interval adequately spaced within the range of 6 
to 48 hours shall be applied. Where the additional dose levels are 
tested in a subsequent experiment, samples shall be taken at the 
predetermined most sensitive interval or, if this is not established, at 
the central sampling time. If the most sensitive interval is known and 
documented with data, only this one time point shall be sampled.
    (ii) If a repeated treatment schedule is used at the selected 
dose(s), samples shall be taken 6 and 24 hours after the last treatment; 
other sampling times may be used if justified. Where the additional dose 
levels are tested in a subsequent experiment, samples shall be taken at 
the predetermined most sensitive interval or, if this is not 
established, at 6 hours after the last treatment.
    (2) Administration of spindle inhibitor. Prior to sacrifice, animals 
shall be injected IP with an appropriate dose of a spindle inhibitor 
(e.g., colchicine or Colcemid) to arrest cells in c-
metaphase.
    (3) Preparation of slides. Immediately after sacrifice, the bone 
marrow shall be obtained, exposed to hypotonic solution, and fixed. The 
cells shall then be spread on slides and stained. Chromosome 
preparations shall be made following standard procedures.
    (4) Analysis. The number of cells to be analyzed per animal should 
be based upon the number of animals used, the negative control 
frequency, the predetermined sensitivity, and the power chosen for the 
test. Slides shall be coded before microscopic analysis.
    (f) Data and report--(1) Treatment of results. Data should be 
presented in tabular form for both cells and animals. Different types of 
structural chromosomal aberrations should be listed with their numbers 
and a mean frequency per cell for each animal in all treated and control 
groups. Gaps (achromatic lesions) should be recorded separately and not 
included in the

[[Page 199]]

total abberration frequency. Differences among animals within each group 
should be considered before making comparisons between treated and 
control groups.
    (2) Statistical evaluation. Data should be evaluated by appropriate 
statistical methods.
    (3) Interpretation of results. (i) There are several criteria for 
determining a positive result, one of which is a statistically 
significant dose-related increase in the number of structual chromosomal 
aberrations or abnormal metaphase figures. Another criterion may be 
based upon detection of a reproducible and statistically significant 
positive response for a least one of the test points.
    (ii) A test substance which does not produce either a statistically 
significant dose-related increase in the number of chromosomal 
aberrations or abnormal metaphase figures or a statistically significant 
and reproducible positive response at any one of the test points is 
considered nonmutagenic in this system.
    (iii) Both biological and statistical significance should be 
considered together in the evaluation.
    (4) Test evaluation. (i) Positive results in the in vivo bone marrow 
cytogenetics assay indicate that under the test conditions the test 
substance induces chromosomal aberrations in the bone marrow of the test 
species.
    (ii) Negative results indicate that under the test conditions, the 
test substance does not induce chromosomal aberrations in the bone 
marrow of the test species.
    (5) Test report. In addition to the reporting recommendations as 
specified under 40 CFR part 792, subpart J the following specific 
information shall be reported:
    (i) Species, strain, age, weight, number and sex of animals in each 
treatment and control group.
    (ii) Test chemical vehicle, dose levels used, rationale for dose 
selection.
    (iii) Route of administration, treatment and sampling schedules, 
toxicity data, negative and positive controls.
    (iv) Identity of spindle-inhibitor, its concentration and duration 
of treatment.
    (v) Details of the protocol used for chromosome preparation, number 
of cells scored per animal, type and number of aberrations given 
separately for each treated and control animal.
    (vi) Mitotic index, where applicable.
    (vii) Criteria for scoring aberrations.
    (viii) Number and frequency of aberrant cells per animal in each 
treatment and control groups.
    (ix) Total number of aberrations per group.
    (x) Number of cells with aberrations per group.
    (xi) Dose-response relationship, if applicable.
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Adler, I.D., Ramarao, G., Epstein, S.S. ``In vivo cytogenetic 
effects of trimethyl-phosphate and of TEPA on bone marrow cells of male 
rats,'' Mutation Research, 13:263-273 (1971).
    (2) Evans, H.J. ``Cytological methods for detecting chemical 
mutagens,'' Chemical Mutagens: Principles and Methods for Their 
Detection, Vol. 4. Ed. A. Hollaender (New York and London: Plenum Press, 
1976) pp. 1-29.
    (3) Kilian, J.D., Moreland, F.E. Benge, M.C., Legator, M.S., 
Whorton, E.B. Jr. ``A collaborative study to measure intralaboratory 
variation with the in vivo bone morrow metaphase procedure,'' Handbook 
of mutagenicity test procedures. Eds. Kilby, B.J., Legator, M. Nichols, 
C., Ramel, D., (Amsterdam: Elsevier/North Holland Biomedical Press, 
1977) 243-260.
    (4) Preston, J.R., Au, W., Bender, M.A., Brewen, J.G., Carrano, A.V. 
Heddle, J.A., McFee, A.F., Wolff, S., Wassom, J. ``Mammalian in vivo and 
vitro cytogenetics assays: Report of the Gene-Tox Program,'' Mutation 
Research, 87:143-188 (1981).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19080, May 20, 1987]



Sec. 798.5395  In vivo mammalian bone marrow cytogenetics tests: Micronucleus assay.

    (a) Purpose. The micronucleus test is a mammalian in vivo test which 
detects damage of the chromosomes or mitotic apparatus by chemicals. 
Polychromatic erythrocytes in the bone marrow

[[Page 200]]

of rodents are used in this assay. When the erythroblast develops into 
an erythrocyte the main nucleus is extruded and may leave a micronucleus 
in the cytoplasm. The visualization of micronuclei is facilitated in 
these cells because they lack a nucleus. Micronuclei form under normal 
conditions. The assay is based on an increase in the frequency of 
micronucleated polychromatic erythrocytes in bone marrow of treated 
animals.
    (b) Definition. Micronuclei are small particles consisting of 
acentric fragments of chromosomes or entire chromosomes, which lag 
behind at anaphase of cell division. After telophase, these fragments 
may not be included in the nuclei of daughter cells and form single or 
multiple micronuclei in the cytoplasm.
    (c) Reference substances. Not applicable.
    (d) Test method--(1) Principle. (i) Animals are exposed to test 
substance by an appropriate route. They are sacrificed, the bone marrow 
extracted and smear preparations made and stained. Polychromatic 
erythrocytes are scored for micronuclei under the microscope.
    (ii) Micronuclei may also be detected in other test systems:
    (A) Tissue culture.
    (B) Plants.
    (C) Blood smears.
    (D) Fetal tissues.
    (E) Meiotic cells.
    (F) Hepatic cells.
    (iii) The present guideline is based on the mammalian bone marrow 
assay.
    (2) Description. The method employs bone marrow of laboratory 
mammals which are exposed to test substances.
    (3) Animal selection--(i) Species and strain. Mice are recommended. 
However, any appropriate mammalian species may be used.
    (ii) Age. Young adult animals shall be used.
    (iii) Number and sex. At least five female and five male animals per 
experimental and control group shall be used. Thus, 10 animals would be 
sacrificed per time per group if several test times after treatment were 
included in the experimental schedule. The use of a single sex or a 
smaller number of animals should be justified.
    (iv) Assignment to groups. Animals shall be randomized and assigned 
to treatment and control groups.
    (4) Control groups--(i) Concurrent controls. Concurrent positive and 
negative (vehicle) controls shall be included in each assay.
    (ii) Positive controls. A compound known to produce micronuclei in 
vivo shall be employed as the positive control.
    (5) Test chemicals--(i) Vehicle. When appropriate for the route of 
administration, solid and liquid test substances should be dissolved or 
suspended in distilled water or isotonic saline. Water insoluble 
chemicals may be dissolved or suspended in appropriate vehicles. The 
vehicle used shall neither interfere with the test compound nor produce 
toxic effects. Fresh preparations of the test compound should be 
employed.
    (ii) Dose levels. For an initial assessment, one dose of the test 
substance may be used, the dose being the maximum tolerated dose (to a 
maximum of 5,000 mg/kg) or that producing some indication of 
cytotoxicity, e.g., a change in the ratio of polychromatic to 
normochromatic erythrocytes. Additional dose levels may be used. For 
determination of dose response, at least three dose levels shall be 
used.
    (iii) Route of administration. The usual routes of administration 
are IP or oral. Other routes may be appropriate.
    (iv) Treatment schedule. Test substances should generally be 
administered only once. However, based upon toxicological information a 
repeated treatment schedule may be employed.
    (e) Test performance--(1) Treatment and sampling times. (i) Animals 
shall be treated with the test substance once at the highest tolerated 
dose. Sampling times should coincide with the maximum responses of the 
assay which varies with the test substance. Therefore, using the highest 
dose, bone marrow samples should be taken at least three times, starting 
not earlier than 12 hours after treatment, with appropriate intervals 
following the first sample but not extending beyond 72 hours. When other 
doses are used sampling shall be at the maximum sensitive period, or, if 
that is not known,

[[Page 201]]

approximately 24 hours after treatment. Other appropriate sampling times 
may be used in addition. If the most sensitive interval is known and 
documented with data, only this one time point need be sampled.
    (ii) If a repeated treatment schedule is used, samples shall be 
taken at least three times, starting not earlier than 12 hours after the 
last treatment and at appropriate intervals following the first sample, 
but not extending beyond 72 hours.
    (iii) Bone marrow shall be obtained immediately after sacrifice. 
Cells shall be prepared, put on slides, spread as a smear and stained.
    (2) Analysis. Slides shall be coded before microscopic analysis. At 
least 1,000 polychromatic erythrocytes per animal shall be scored for 
the incidence of micronuclei. The ratio of polychromatic to 
normochromatic erythrocytes should be determined for each animal by 
counting a total of 200 erythrocytes. To ensure consistency with OECD 
and other guidelines, 1,000 polychromatic erythrocytes are recommended. 
Additional information may be obtained by scoring normochromatic 
erythrocytes for micronuclei.
    (f) Data and report--(1) Treatment of results. Criteria for scoring 
micronuclei shall be given. Individual data shall be presented in a 
tabular form including positive and negative (vehicle) controls and 
experimental groups. The number of polychromatic erythrocytes scored, 
the number of micronucleated polychromatic erythrocytes, the percentage 
of micronucleated cells, the number of micronucleated normochromatic 
erythrocytes, and, if applicable, the percentage of micronucleated 
erythrocytes and the ratio of normochromatic to polychromatic 
erythrocytes shall be listed separately for each experimental and 
control animal. Absolute numbers shall be included if percentages are 
reported.
    (2) Statistical evaluation. Data should be evaluated by appropriate 
statistical methods.
    (3) Interpretation of results. (i) There are several criteria for 
determining a positive response, one of which is a statistically 
significant dose-related increase in the number of micronucleated 
polychromatic erythrocytes. Another criterion may be based upon 
detection of a reproducible and statistically significant positive 
response for at least one of the test substance concentrations.
    (ii) A test substance which does not produce either a statistically 
significant dose-related increase in the number of micronucleated 
polychromatic erythrocytes or a statistically significant and 
reproducible positive response at any one of the test points is 
considered nonmutagenic in this system.
    (iii) Both biological and statistical significance should be 
considered together in the evaluation.
    (4) Test evaluation. (i) The results of the micronucleus test 
provide information on the ability of a chemical to induce micronuclei 
in polychromatic erythrocytes of the test species under the conditions 
of the test. This damage may have been the result of chromosomal damage 
or damage to the mitotic apparatus.
    (ii) Negative results indicate that under the test conditions the 
test substance does not produce micronuclei in the bone marrow of the 
test species.
    (5) Test report. In addition to the reporting recommendations as 
specified under 40 CFR part 792, subpart J, the following specific 
information shall be reported:
    (i) Species, strain, age, weight, number and sex of animals in each 
treatment and control group.
    (ii) Test chemical vehicle, dose levels used, rationale for dose 
selection.
    (iii) Rationale for and description of treatment and sampling 
schedules, toxicity data, negative and positive controls.
    (iv) Details of the protocol used for slide preparation.
    (v) Criteria for identifying micronucleated erythrocytes.
    (vi) Dose-response relationship, if applicable.
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Cihak, R. ``Evaluation of benzidine by the micronucleus test,'' 
Mutation Research, 67: 383-384 (1979).
    (2) Cole, R.J., Taylor, N., Cole, J., Arlett, C.F. ``Short-term 
tests for transplacentally active carcinogens. 1.

[[Page 202]]

Micronucleus formation in fetal and maternal mouse erythroblasts,'' 
Mutation Research, 80: 141-157 (1981).
    (3) Kliesch, U., Danford, N., Adler, I.D. ``Micronucleus test and 
bone-marrow chromosome analysis. A comparison of 2 methods in vivo for 
evaluating chemically induced chromosomal alterations,'' Mutation 
Research, 80: 321-332 (1981).
    (4) Matter, B., Schmid, W. ``Trenimon-induced chromosomal damage in 
bone-marrow cells of six mammalian species, evaluated by the 
micronucleus test,'' Mutation Research, 12: 417-425 (1971).
    (5) Schmid, W. ``The micronucleus test,'' Mutation Research, 31:9-15 
(1975).
    (6) Schmid, W. ``The micronucleus test for cytogenetic analysis,'' 
Chemical Mutagens, Principles and Methods for their Detection. Vol. 4 
Hollaender A, (Ed. A ed. (New York and London: Plenum Press, (1976) pp. 
31-53.
    (7) Heddle, J.A., Hite, M., Kurkhart, B., Mavournin, K., MacGregor, 
J.T., Newell, G.W., Salamone, M.F. ``The induction of micronuclei as a 
measure of genotoxicity. A report of the U.S. Environmental Protection 
Agency Gene-Tox Program,'' Mutation Research, 123: 61-118 (1983).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19080, May 20, 1987; 
52 FR 26150, July 13, 1987; 52 FR 34654, Sept. 14, 1987]



Sec. 798.5450  Rodent dominant lethal assay.

    (a) Purpose. Dominant lethal (DL) effects cause embryonic or fetal 
death. Induction of a dominant lethal event after exposure to a chemical 
substance indicates that the substance has affected germinal tissue of 
the test species. Dominant lethals are generally accepted to be the 
result of chromosomal damage (structural and numerical anomalies) but 
gene mutations and toxic effects cannot be excluded.
    (b) Definition. A dominant lethal mutation is one occurring in a 
germ cell which does not cause dysfunction of the gamete, but which is 
lethal to the fertilized egg or developing embryo.
    (c) Reference substances. These may include, but need not be limited 
to, triethylenemelamine, cyclophosphamide or ethyl methanesulfonate.
    (d) Test method--(1) Principle. Generally, male animals are exposed 
to the test substance and mated to untreated virgin females. The various 
germ cell stages can be tested separately by the use of sequential 
mating intervals. The females are sacrificed after an appropriate period 
of time and the contents of the uteri are examined to determine the 
numbers of implants and live and dead embryos. The calculation of the 
dominant lethal effect is based on comparison of the live implants per 
female in the treated group to the live implants per female in the 
control group. The increase of dead implants per female in the treated 
group over the dead implants per female in the control group reflects 
the post-implantation loss. The post-implantation loss is calculated by 
determining the ratio of dead to total implants from the treated group 
compared to the ratio of dead to total implants from the control group. 
Pre-implantation loss can be estimated on the basis of corpora lutea 
counts or by comparing the total implants per female in treated and 
control groups.
    (2) Description. (i) Several treatment schedules are available. The 
most widely used requires single administration of the test substance. 
Other treatment schedules, such as treatment on five consecutive days, 
may be used if justified by the investigator.
    (ii) Individual males are mated sequentially to virgin females at 
appropriate intervals. The number of matings following treatment is 
governed by the treatment schedule and should ensure that germ cell 
maturation is adequately covered. Females are sacrificed in the second 
half of pregnancy and the uterine contents examined to determine the 
total number of implants and the number of live and dead embryos.
    (3) Animal selection--(i) Species. Rats or mice are generally used 
as the test species. Strains with low background dominant lethality, 
high pregnancy frequency and high implant numbers are recommended.
    (ii) Age. Healthy, sexually mature animals shall be used.
    (iii) Number. An adequate number of animals shall be used taking 
into account the spontaneous variation of the

[[Page 203]]

biological characteristics being evaluated. The number chosen should be 
based on the predetermined sensitivity of detection and power of 
significance. For example, in a typical experiment, the number of males 
in each group shall be sufficient to provide between 30 and 50 pregnant 
females per mating interval.
    (iv) Assignment to groups. Animals shall be randomized and assigned 
to treatment and control groups.
    (4) Control groups--(i) Concurrent controls. Generally concurrent 
positive and negative (vehicle) controls shall be included in each 
experiment. When acceptable positive control results are available from 
experiments conducted recently (within the last 12 months) in the same 
laboratory these results can be used instead of a concurrent positive 
control.
    (ii) Positive controls. Positive control substances shall be used at 
a dose which demonstrates the test sensitivity.
    (5) Test chemicals--(i) Vehicle. When possible, test substances 
shall be dissolved or suspended in isotonic saline or distilled water. 
Water-insoluble chemicals may be dissolved or suspended in appropriate 
vehicles. The vehicle used shall neither interfere with the test 
chemical nor produce toxic effects. Fresh preparations of the test 
chemical should be employed.
    (ii) Dose levels. Normally, three dose levels shall be used. The 
highest dose shall produce signs of toxicity (e.g., slightly reduced 
fertility and slightly reduced body weight). However, in an initial 
assessment of dominant lethality a single high dose may be sufficient. 
Nontoxic substances shall be tested at 5g/kg or, if this is not 
practicable, then as the highest dose attainable.
    (iii) Route of administration. The usual routes of administration 
are oral or by IP injection. Other routes may be appropriate.
    (e) Test performance. (1) Individual males are mated sequentially at 
appropriate predetermined intervals to one or two virgin females. 
Females should be left with the males for at least the duration of one 
estrus cycle or alternatively until mating has occurred as determined by 
the presence of sperm in the vagina or by the presence of a vaginal 
plug.
    (2) The number of matings following treatment should be governed by 
the treatment schedule and should ensure that germ cell maturation is 
adequately covered.
    (3) Females should be sacrificed in the second half of pregnancy and 
uterine contents examined to determine the number of implants and live 
and dead embryos. The ovaries may be examined to determine the number of 
corpora lutea.
    (f) Data and report--(1) Treatment of results. Data shall be 
tabulated to show the number of males, the number of pregnant females, 
and the number of nonpregnant females. Results of each mating, including 
the identity of each male and female, shall be reported individually. 
For each female, the dose level and week of mating and the frequencies 
of live implants and of dead implants shall be enumerated. If the data 
are recorded as early and late deaths, the tables shall make that clear. 
If preimplantation loss is estimated, it shall be reported. 
Preimplantation loss can be calculated as the difference between the 
number of corpora lutea and the number of implants or as a reduction in 
the average number of implants per female in comparison with control 
matings.
    (2) Statistical evaluation. Data shall be evaluated by appropriate 
statistical methods. Differences among animals within the control and 
treatment groups shall be considered before making comparisons between 
treated and control groups.
    (3) Interpretation of results. (i) There are several criteria for 
determining a positive result, one of which is a statistically 
significant dose-related increase in the number of dominant lethals. 
Another criterion may be based upon detection of a reproducible and 
statistically significant positive response for at least one of the test 
points.
    (ii) A test substance which does not produce either a statistically 
significant dose-related increase in the number of dominant lethals or a 
statistically significant and reproducible positive response at any one 
of the test

[[Page 204]]

points is considered nonmutagenic in this system.
    (iii) Both biological and statistical significance should be 
considered together in the evaluation.
    (4) Test evaluation. (i) A positive DL assay suggests that under the 
test conditions the test substance may be genotoxic in the germ cells of 
the treated sex of the test species.
    (ii) A negative result suggests that under the conditions of the 
test the test substance may not be genotoxic in the germ cells of the 
treated sex of the test species.
    (5) Test report. In addition to the reporting recommendations as 
specified under 40 CFR part 792, subpart J the following specific 
information shall be reported:
    (i) Species, strain, age and weights of animals used, number of 
animals of each sex in experimental and control groups.
    (ii) Test substance, vehicle used, dose levels and rationale for 
dosage selection, negative (vehicle) and positive controls, experimental 
observations, including signs of toxicity.
    (iii) Route and duration of exposure.
    (iv) Mating schedule.
    (v) Methods used to determine that mating has occurred (where 
applicable).
    (vi) Criteria for scoring dominant lethals including the number of 
early and late embryonic deaths.
    (vii) Dose-response relationship, if applicable.
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Brewen, J.G., Payne, H.S., Jones, K.P., Preston, R.J. ``Studies 
on chemically induced dominant lethality. I. The cytogenetic basis of 
MMS-induced dominant lethality in post-meiotic germ cells'' Mutation 
Research, 33:239-250 (1975).
    (2) Ehling, U.H., Machemer, L., Buselmaier, E., Dycka, D., Frohberg, 
H., Kratochvilova, J., Lang, R., Lorke, D., Muller, D., Pheh, J., 
Rohrborn, G., Roll, R., Schulze-Schencking, M., Wiemann, H. ``Standard 
protocol for the dominant lethal test on male mice. Set up by the Work 
Group ``Dominant lethal mutations of the ad hoc Committee 
Chemogenetics,'' Archives of Toxicology, 39:173-185 (1978).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19081, May 20, 1987]



Sec. 798.5460  Rodent heritable translocation assays.

    (a) Purpose. This test detects transmitted chromosomal damage which 
manifests as balanced reciprocal translocations in progeny descended 
from parental males treated with chemical mutagens.
    (b) Definitions. (1) A heritable translocation is one in which 
distal segments of nonhomologous chromosomes are involved in a 
reciprocal exchange.
    (2) Diakinesis and metaphase I are stages of meiotic prophase scored 
cytologically for the presence of multivalent chromosome association 
characteristic of translocation carriers.
    (c) Reference substances. Not applicable.
    (d) Test method--(1) Principle. When a balanced reciprocal 
translocation is induced in a parental male germ cell, the resulting 
progeny is translocation heterozygote.
    (i) Basis for fertility screening. Male translocation heterozygotes 
may be completely sterile. This class consists of two types of 
translocations:
    (A) Translocations between non-homologous chromosomes in which at 
least one of the breaks occurs close to one end of a chromosome.
    (B) Those that carry multiple translocations. The majority of male 
translocation heterozygotes are semisterile--they carry one or (rarely) 
two translocations. The degree of semisterility is dependent upon the 
proportions of balanced and unbalanced (duplication-deficiency) gametes 
produced in the ejaculate as a function of meiotic segregation. Balanced 
and unbalanced sperm are equally capable of fertilizing an egg. Balanced 
sperm lead to viable progeny. Unbalanced sperm result in early embryonic 
lethality.
    (ii) Basis for cytological screening. The great majority of male 
translocation heterozygotes can be identified cytologically through 
analysis of diakinesis metaphase I spermatocytes.

[[Page 205]]

Translocation heterozygotes are characterized by the presence of 
multivalent chromosome association such as a ring or chain of four 
chromosomes held together by chiasmata in paired homologous regions. 
Some translocation carriers can be identified by the presence of extra 
long and/or extra short chromosomes in spermatogonial and somatic cell 
metaphase preparations.
    (2) Description. Essentially, two methods have been used to screen 
for translocation heterozygosity; one method uses a mating sequence to 
identify sterile and semisterile males followed by cytological 
examination of suspect male individuals; the other method deletes the 
mating sequence altogether and all F1 male progeny are 
examined cytologically for presence of translocation. In the former 
approach, the mating sequence serves as a screen which eliminates most 
fully fertile animals for cytological confirmation as translocation 
heterozygotes.
    (3) Animal selection--(i) Species. The mouse is the species 
generally used, and is recommended.
    (ii) Age. Healthy sexually mature animals shall be used.
    (iii) Number. (A) The number of male animals necessary is determined 
by the following factors:
    (1) The use of either historical or concurrent controls.
    (2) The power of the test.
    (3) The minimal rate of induction required.
    (4) Whether positive controls are used.
    (5) The level of significance desired.
    (B) [Reserved]
    (iv) Assignment to groups. Animals shall be randomized and assigned 
to treatment and control groups.
    (4) Control groups--(i) Concurrent controls. No concurrent positive 
or negative (vehicle) controls are recommended as routine parts of the 
heritable translocation assay. However, investigators not experienced in 
performing translocation testing shall include a substance known to 
produce translocations in the assay as a positive control reference 
chemical.
    (ii) Historical controls. At the present time, historical control 
data must be used in tests for significance. When statistically reliable 
historical controls are not available, negative (vehicle) controls shall 
be used.
    (5) Test chemicals--(i) Vehicle. When appropriate for the route of 
administration, solid and liquid test substances should be dissolved or 
suspended in distilled water or isotonic saline. Water-insoluble 
chemicals may be dissolved or suspended in appropriate vehicles. The 
vehicle used shall neither interfere with the test chemical nor produce 
toxic effects. Fresh preparations of the test chemical should be 
employed.
    (ii) Dose levels. At least two dose levels shall be used. The 
highest dose level shall result in toxic effects (which shall not 
produce an incidence of fatalities which would prevent a meaningful 
evaluation) or shall be the highest dose attainable or 5g/kg body 
weight.
    (iii) Route of administration. Acceptable routes of administration 
include oral, inhalation, admixture with food or water, and IP or IV 
injection.
    (e) Test performance--(1) Treatment and mating. The animals shall be 
dosed with the test substances 7 days per week over a period of 35 days. 
After treatment, each male shall be caged with 2 untreated females for a 
period of 1 week. At the end of 1 week, females shall be separated from 
males and caged individually. When females give birth, the day of birth, 
litter size, and sex of progeny shall be recorded. All male progeny 
should be weaned, and all female progeny should be discarded.
    (2) Testing for translocation heterozygosity. When males are 
sexually mature, testing for translocation heterozygosity shall begin. 
One of two methods shall be used; the first method involves mating, 
determining those F1 progeny which are sterile or semisterile 
and subsequent cytological analysis of suspect progeny; the other method 
does not involve mating and determining sterility or semisterility; all 
progeny are examined cytologically.
    (i) Determination of sterility or semisterility--(A) Conventional 
method. Females are mated, usually three females for each male, and each 
female is killed at midpregnancy. Living and dead implantations are 
counted. Criteria for determining normal and

[[Page 206]]

semisterile males are usually established for each new strain because 
the number of dead implantations varies considerably among strains.
    (B) Sequential method. Males to be tested are caged individually 
with females and the majority of the presumably normal males are 
identified on the basis of a predetermined size of 1 or 2 litters. 
Breeding pens are examined daily on weekdays beginning 18 days after 
pairing. Young are discarded immediately after they are scored. Males 
that sire a litter whose size is the same as or greater than the minimum 
set for a translocation-free condition are discarded with their litter. 
If the litter size is smaller than the predetermined number, a second 
litter is produced with the same rule applying. Males that cannot be 
classified as normal after production of a second litter are tested 
further by the conventional method or by cytological confirmation of 
translocation.
    (ii) Cytological analysis. For cytological analysis of suspected 
semisteriles, the air-drying technique is used. Observation of at least 
2 diakinesis-metaphase 1 cells with mutivalent association constitutes 
the required evidence for the presence of a translocation. Sterile males 
are examined by one of two methods, those with testes of normal size and 
sperm in the epididymis are examined by the same techniques used for 
semisteriles. Animals with small testes are examined by squash 
preparations or, alternatively, by examination of mitotic metaphase 
preparations. If squash preparations do not yield diakinesis-metaphase 1 
cells, analysis of spermatogonia or bone marrow for the presence of 
unusually long or short chromosomes should be performed.
    (f) Data and report--(1) Treatment of results. (i) Data shall be 
presented in tabular form and shall include the number of animals at 
risk, the germ cell stage treated, the number of partial steriles and 
semisteriles (if the fertility test is used), the number of 
cytogenetically confirmed translocation heterozygotes (if the fertility 
test is used, report the number of confirmed steriles and confirmed 
partial steriles), the translocation rate, and either the standard error 
of the rate or the upper 95 percent confidence limit on the rate.
    (ii) These data shall be presented for both treated and control 
groups. Historical or concurrent controls shall be specified, as well as 
the randomization procedure used for concurrent controls.
    (2) Statistical evaluation. Data shall be evaluated by appropriate 
statistical methods.
    (3) Interpretation of results. (i) There are several criteria for 
determining a positive result, one of which is a statistically 
significant dose-related increase in the number of heritable 
translocations. Another criterion may be based upon detection of a 
reproducible and statistically significant positive response for at 
least one of the test points.
    (ii) A test substance which does not produce either a statistically 
significant dose-related increase in the number of heritable 
translocations or a statistically significant and reproducible positive 
response at any one of the test points is considered nonmutagenic in 
this system.
    (iii) Both biological and statistical significance should be 
considered together in the evaluation.
    (4) Test evaluation. (i) Positive results in the heritable 
translocation assay indicate that under the test conditions the test 
substance causes heritable chromosomal damage in the test species.
    (ii) Negative results indicate that under the test conditions the 
test substance does not cause heritable chromosomal damage in the test 
species.
    (5) Test report. In addition to the reporting recommendations as 
specified under 40 CFR part 792, subpart J, the following specific 
information shall be reported:
    (i) Species, strain, age, weight and number of animals of each sex 
in each group.
    (ii) Test chemical vehicle, route and schedule of administration, 
toxicity data.
    (iii) Dosing regimen, doses tested and rationale for dosage 
selection.
    (iv) Mating schedule, number of females mated to each male.
    (v) The use of historical or concurrent controls.

[[Page 207]]

    (vi) Screening procedure including the decision criteria used and 
the method by which they were determined.
    (vii) Dose-response relationship, if applicable.
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Generoso, W.M., Bishop, J.B., Goslee, D.G., Newell, G.W., Sheu, 
G-J, von Halle, E. ``Heritable translocation test in mice,'' Mutation 
Research, 76:191-215 (1980).
    (2) [Reserved]

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19081, May 20, 1987]



Sec. 798.5500  Differential growth inhibition of repair proficient and repair deficient bacteria: ``Bacterial DNA damage or repair tests.''

    (a) Purpose. Bacterial DNA damage or repair tests measure DNA damage 
which is expressed as differential cell killing or growth inhibition of 
repair deficient bacteria in a set of repair proficient and deficient 
strains. These tests do not measure mutagenic events per se. They are 
used as an indication of the interaction of a chemical with genetic 
material implying the potential for genotoxicity.
    (b) Definition. Test for differential growth inhibition of repair 
proficient and repair deficient bacteria measure differences in 
chemically induced cell killing between wild-type strains with full 
repair capacity and mutant strains deficient in one or more of the 
enzymes which govern repair of damaged DNA.
    (c) Reference substances. These may include, but need not be limited 
to, chloramphenicol or methyl methanesulfonate.
    (d) Test method--(1) Principle. The tests detect agents that 
interact with cellular DNA to produce growth inhibition or killing. This 
interaction is recognized by specific cellular repair systems. The 
assays are based upon the use of paired bacterial strains that differ by 
the presence of absence of specific DNA repair genes. The response is 
expressed in the preferential inhibition of growth or the preferential 
killing of the DNA repair deficient strain since it is incapable of 
removing certain chemical lesions from its DNA.
    (2) Description. Several methods for performing the test have been 
described. Those described here are:
    (i) Tests performed on solid medium (diffusion tests).
    (ii) Tests performed in liquid culture (suspension tests).
    (3) Strain selection--(i) Designation. At the present time, 
Escherichia coli polA (W3110/p3478) or Bacillus subtilis rec (H17/M45) 
pairs are recommended. Other pairs may be utilized when appropriate.
    (ii) Preparation and storage. Stock culture preparation and storage, 
growth requirements, method of strain identification and demonstration 
of appropriate phenotypic requirements should be performed using good 
microbiological techniques and should be documented.
    (4) Bacterial growth. Good microbiological techniques should be used 
to grow fresh cultures of bacteria. The phase of growth and cell density 
should be documented and should be adequate for the experimental design.
    (5) Metabolic activation. Bacteria should be exposed to the test 
substance both in the presence and absence of an appropriate metabolic 
activation system. The most commonly used system is a cofactor 
supplemented postmitochondrial fraction prepared from the livers of 
rodents treated with enzyme inducing agents. The use of other species, 
tissues or techniques may also be appropriate.
    (6) Control groups--(i) Concurrent controls. Concurrent positive, 
negative, and vehicle controls should be included in each assay.
    (ii) Negative controls. The negative control should show 
nonpreferential growth inhibition (i.e., should affect both strains 
equally). Chloramphenicol is an example of a negative control.
    (iii) Genotype specific controls. Examples of genotype specific 
positive controls are methyl methanesulfonate for polA strains and 
mitomycin C for rec strains.
    (iv) Positive controls to ensure the efficacy of the activation 
system. The positive control reference substance for tests including a 
metabolic activation system should be selected on the basis

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of the type of activation system used in the test.
    (v) Other positive controls. Other positive control reference 
substances may be used.
    (7) Test chemicals--(i) Vehicle. Test chemicals and positive and 
negative control reference substances should be dissolved in an 
appropriate vehicle and then further diluted in vehicle for use in the 
assay.
    (ii) Exposure concentrations. The test should initially be performed 
over a broad range of concentrations. Among the criteria to be taken 
into consideration for determining the upper limits of test chemical 
concentration are cytotoxicity and solubility. Cytotoxicity of the test 
chemical may be altered in the presence of metabolic activation systems. 
For freely soluble nontoxic chemicals, the upper test chemical 
concentration should be determined on a case by case basis. Because 
results are expressed as diameters of zones of growth inhibition in the 
diffusion test, it is most important that the amounts of chemical on the 
disc (or in the wells) are exact replicates. When appropriate, a 
positive response should be confirmed by testing over a narrow range of 
concentrations.
    (e) Test performance--(1) Diffusion assay--(i) Disc diffusion 
assays. Disc diffusion assays. may be performed in two ways:
    (A) A single strain of bacteria may be added to an agar overlay or 
spread on the surface of the agar and the test chemical placed on a 
filter disc on the surface of the agar or;
    (B) DNA repair proficient and DNA repair deficient bacteria may be 
streaked in a line on the surface of the agar of the same plate and a 
disc saturated with test chemical placed on the surface of the agar in 
contact with the streaks.
    (ii) Well diffusion assays. In well diffusion assays, bacteria may 
be either added to the agar overlay or spread onto the surface of the 
agar. A solution of the test chemical is then placed into a well in the 
agar.
    (2) Suspension assays. (i) A bacterial suspension may be exposed to 
the test chemical and the number of surviving bacteria determined (as 
colony-forming units) either as a function of time of treatment or as a 
function of the concentration of test agent.
    (ii) Nonturbid suspensions of bacteria may be exposed to serial 
dilutions of the test agent and a minimal inhibitory concentration for 
each strain determined, as evidenced by the presence or absence of 
visible growth after a period of incubation.
    (iii) Paired bacterial suspensions (usually with some initial 
turbidity) may be treated with a single dose of the chemical. Positive 
results are indicated by a differential inhibition in the rate of 
increase of turbidity of the paired cultures.
    (3) Number of cultures. When using a plate diffusion procedure, at 
least two independent plates should be used at each dilution. In liquid 
suspension assays, at least two independent specimens for determination 
of the number of viable cells should be plated.
    (4) Incubation conditions. All plates in a given test should be 
incubated for the same time period. This incubation period should be for 
18 to 24 hrs at 37  deg. C.
    (f) Data and report--(1) Treatment of results--(i) Diffusion assays. 
Results should be expressed in diameters of zones of growth inhibition 
in millimeters or as areas derived therefrom as mm2. Dose-
response data, if available, should be presented using the same units.
    (ii) Liquid suspension assays. (A) Survival data can be presented as 
dose responses, preferably as percentage of survivors or fractional 
survival of each strain or as a relative survival (ratio) of the two 
strains.
    (B) Results can also be expressed as the concentrations required to 
effect a predetermined survival rate (e.g., D37, the dose 
permitting 37 percent survival). These data are derived from the 
survival curve. The concentration should be expressed as weight per 
volume, as moles, or as molarity.
    (C) Similarly, results can be expressed as minimal inhibitory 
concentration or as minimal lethal dose. The former is determined by the 
absence of visible growth in liquid medium and the latter is determined 
by plating dilutions onto semisolid media.
    (iii) In all tests, concentrations must be given as the final 
concentrations

[[Page 209]]

during the treatment. Raw data, prior to transformation, should be 
provided. These should include actual quantities measured, e.g., neat 
numbers. For measurement of diffusion, the diameters of the discs and/or 
well should be indicated and the measurements should indicate whether 
the diameter of the discs and/or well was subtracted. Moreover, mention 
should be made as to whether the test chemical gave a sharp, diffuse, or 
double-zone of growth inhibition. If it is the latter, the investigator 
should indicate whether the inner or the outer zone was measured.
    (iv) Viability data should be given as the actual plate counts with 
an indication of the dilution used and the volume plated or as derived 
titers (cells per ml). Transformed data alone in the absence of 
experimental data are not acceptable (i.e, ratios, differences, survival 
fraction).
    (2) Statistical evaluation. Data should be evaluated by appropriate 
statistical methods.
    (3) Interpretation of results. (i) There are several criteria for 
determining a positive result, one of which is a statistically 
significant dose-related preferential inhibition or killing of the 
repair deficient strain. Another criterion may be based upon detection 
of a reproducible and statistically significant positive response for at 
least one of the test points.
    (ii) A test substance which does not produce either a statistically 
significant dose-related preferential inhibition or killing of the 
repair deficient strain or a statistically significant and reproducible 
positive response at any one of the test points is considered not to 
interact with the genetic material of the organisms used in assay.
    (iii) Both biological and statistical significance should be 
considered together in the evaluation.
    (4) Test evaluation. DNA damage tests in bacteria do not measure DNA 
repair per se nor do they measure mutations. They measure DNA damage 
which is expressed as cell killing or growth inhibition. A positive 
result in a DNA damage test in the absence of a positive result in 
another system is difficult to evaluate in the absence of a better data 
base.
    (5) Test report. In addition to the reporting recommendations as 
specified under 40 CFR part 792, subpart J the following specific 
information should be reported:
    (i) Bacterial strains used.
    (ii) Phase of bacterial cell growth at time of use in the assay.
    (iii) Media composition.
    (iv) Details of both the protocol used to prepare the metabolic 
activation system and its use in the assay.
    (v) Treatment protocol, including doses used and rationale for dose 
selection, positive and negative controls.
    (vi) Method used for determination of degree of cell kill.
    (vii) Dose-response relationship, if applicable.
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Ames, B.N., McCann, J., Yamasaki, E. ``Methods for detecting 
carcinogens and mutagens with the Salmonella/mammalian-microsome 
mutagenicity test,'' Mutation Research, 31:347-364 (1975).
    (2) Kada, T., Sadie, Y., Tutikawa, K. ``In vitro and host-mediated 
``rec-assay'' procedures for screening chemical mutagens; and phloxine, 
a mutagenic red dye detected,'' Mutation Research, 16:165-174 (1972).
    (3) Leifer, Z., Kada, T., Mandel, M., Zeiger, E., Stafford, R., 
Rosenkranz, H.S. ``An evaluation of bacterial DNA repair tests for 
predicting genotoxicity and carcinogenicity: A report of the U.S. EPA's 
Gene-Tox Program,'' Mutation Research, 87:211-297 (1981).
    (4) Slater, E.E., Anderson, M.D., Rosenkranz, H.S. ``Rapid detection 
of mutagens and carcinogens.'' Cancer Research, 31:970-973 (1971).



Sec. 798.5955  Heritable translocation test in drosophila melanogaster.

    (a) Purpose. The heritable translocation test in Drosophila measures 
the induction of chromosomal translocations in germ cells of insects. 
Stocks carrying genetic markers on two or more chromosomes are used to 
follow the assortment of chromosomes in meiosis. The F1 male 
progeny of treated parents are individually mated to females and the 
F2 progeny phenotypes are scored.

[[Page 210]]

The observed spectrum of phenotypes is used to determine the presence or 
absence of a translocation. This is usually indicated by a lack of 
independent assortment of genes on different chromosomes.
    (b) Definitions--(1) Chromosome mutations are chromosomal changes 
resulting from breakage and reunion of chromosomes. Chromosomal 
mutations are also produced through nondisjunction of chromosomes during 
cell division.
    (2) Reciprocal translocations are chromosomal translocations 
resulting from reciprocal exchanges between two or more chromosomes.
    (3) Heritable translocations are reciprocal translocations 
transmitted from parent to the succeeding progeny.
    (c) Reference substances. These may include, but need not be limited 
to, ethyl methanesulfonate or N-dimethyl-nitrosamine.
    (d) Test method--(1) Principle. The method is based on the principle 
that balanced reciprocal chromosomal translocations can be induced by 
chemicals in the germ cells of treated flies and that these 
translocations are detected in the F2 progeny using genetic 
markers (mutations). Different mutations may be used as genetic markers 
and two or more of the four chromosomes may be genetically marked for 
inclusion in this test.
    (2) Description. Wild-type males are treated with chemical and bred 
with females of known genetic markers. The F1 males are 
collected and individually bred with virgin females of the female 
parental stock. The resulting F2 progeny are scored. Putative 
translocation carriers are confirmed with an F3 cross.
    (i) Illustrative example. The following example serves to illustrate 
the method. Males carrying genes for red eye color on chromosomes II and 
III are bred with females of white eye color carrying alleles for brown 
(bw) on the second chromosome and scarlet (st) and pink (pp) on the 
third chromosome. The F1 male progeny are bred with virgin 
females of the female parental stock and the resulting F2 
progeny are examined for eye color phenotypes. If there is no 
translocation in the F1 male, then the resulting 
F2 progeny will have four eye color phenotypes: red, white, 
orange, and brown. If the F1 male carries a translocation 
between chromosomes II and III, only red and white eye phenotypes are 
obtained in the F2 generation. This happens because the 
F1 translocation heterozygote produces two balanced (carrying 
either the parental or the translocated configuration of markers) and 
two unbalanced gametes. The unbalanced gametes (carrying one normal and 
one translocated chromosome) are unable to develop into normal 
individuals in the F2 generation.
    (ii) [Reserved]
    (3) Drosophila stocks. Wild-type males and females of the genotype 
bw:st:pp (white eyes) may be used in the heritable translocation test. 
Other appropriately marked Drosophila stocks may also be used.
    (4) Control groups. (i) Concurrent positive and negative (vehicle) 
controls should be included in each experiment.
    (ii) Negative (vehicle) controls should be included. The size of the 
negative (vehicle) control group should be determined by the 
availability of appropriate laboratory historical control data.
    (iii) If the historical control data are of sufficient numbers, 
concurrent controls may not be necessary.
    (5) Test chemicals--(i) Vehicle. Test chemicals should be dissolved 
in water. Compounds which are insoluble in water may be dissolved or 
suspended in appropriate vehicles (e.g., a mixture of ethanol and Tween-
60 or 80), and then diluted in water or saline prior to administration. 
Dimethylsulfoxide should be avoided as a vehicle.
    (ii) Dose levels. For the initial assessment of mutagenicity, it may 
be sufficient to test a single dose of the test substance. This dose 
should be the maximum tolerated dose or that which produces some 
indication of toxicity. If the test is being used to verify mutagenic 
activity, at least two additional exposure levels should be used.
    (iii) Route of administration. Exposure may be oral, by injection or 
by exposure to gases or vapours. Feeding of the test compound may be 
done in sugar solution. When necessary, substances may be dissolved in 
0.7 percent NaCl solution and injected into the thorax or abdomen.

[[Page 211]]

    (e) Test performance--(1) P1 mating. (i) In the primary screen of a 
chemical, it is enough to sample one germ cell stage, either mature 
sperm or spermatids (for indirect acting mutagens). Other stages may be 
sampled if needed, i.e., when mature germ cells give a positive result 
and data from earlier germ cells are needed for the purpose of risk 
assessment. Thus, the treated males may be mated only once for a period 
of 3 days to sample sperm or transferred every 2 to 3 days to cover the 
entire germ cell cycle.
    (ii) Mass matings may be performed because the control rate for 
translocations in the available literature is very low (near 0) and 
clustered events are extremely rare. Mated females may be aged for 2 
weeks in order to recover an enhanced incidence of translocation due to 
the storage effect. The females are then allowed to lay eggs and 
F1 males are collected for test mating.
    (2) F1 mating. F1 males should be bred with 
virgin females of the parental female stock. Since each F1 
male represents one treated gamete of the male parent, the F1 
males have to be mated individually to virgin females. Each 
F1 male should be mated to three females to ensure sufficient 
progeny.
    (3) Scoring the F2 generation. F2 cultures 
(each representing 1 F1 male tested) should be scored for the 
presence or absence of phenotype variations (linkage of markers) from 
the expected types. The test should be designed with a predetermined 
sensitivity and power. The number of flies in each group should reflect 
these defined parameters. The spontaneous mutant frequency observed in 
the appropriate control group will strongly influence the number of 
treated chromosomes that must be analyzed to detect substances which 
show mutation rates close to those of the controls. A positive test 
should be confirmed by F3 mating trials.
    (4) Number of replicate experiments. Replicate experiments are 
usually performed for each dose of the compound tested. If a chemical is 
a potent inducer of translocations, one experiment may be sufficient. 
Otherwise two or three replicate experiments should be done.
    (f) Data and report--(1) Treatment of results. Data should be 
tabulated to show the number of translocations and the number of fertile 
F1 males at each exposure for each germ cell stage sampled.
    (2) Statistical evaluation. Data should be evaluated by appropriate 
statistical methods.
    (3) Interpretation of results. (i) There are several criteria for 
determining a positive result, one of which is a statistically 
significant dose-related increase in the number of heritable 
translocations. Another criterion may be based upon detection of a 
reproducible and statistically significant positive response for at 
least one of the test points.
    (ii) A test substance which does not produce either a statistically 
significant dose-related increase in the number of heritable 
translocations or a statistically significant and reproducible positive 
response at any one of the test points is considered nonmutagenic in 
this system.
    (iii) Both biological and statistical significance should be 
considered together in the evaluation.
    (4) Test evaluation. (i) Positive results in the heritable 
translocation test in Drosophila indicate that under the test conditions 
the test substance causes chromosome damage in germ cells of this 
insect.
    (ii) Negative results indicate that under the test conditions the 
test substance does not cause chromosomal damage in D. melanogaster.
    (5) Test report. In addition to the reporting recommendations as 
specified under 40 CFR part 792, subpart J, the following specific 
information should be reported:
    (i) Drosophila stock used in the assay, age of insects, number of 
males treated, number of F2 cultures established, number of 
replicate experiments.
    (ii) Test chemical vehicle, treatment and mating schedule, exposure 
levels, toxicity data, dose and route of exposure.
    (iii) Positive and negative (vehicle) controls.
    (iv) Historical control data, if available.
    (v) Number of chromosomes scored.

[[Page 212]]

    (vi) Criteria for scoring mutant chromosomes.
    (vii) Dose-response relationship, if applicable.
    (g) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Wurgler, F.E., Sobels, F.H., Vogel, E. ``Drosophila as assay 
system for detecting genetic changes,'' Handbook of mutagenicity test 
procedures. Eds. Kilby, B.J., Legator, M., Nichols, W., Ramel, C. 
(Amsterdam: Elsevier/North Holland Biomedical Press, 1979) pp. 335-374.
    (2) [Reserved]



                        Subpart G--Neurotoxicity



Sec. 798.6050  Functional observational battery.

    (a) Purpose. In the assessment and evaluation of the potential human 
health effects of substances, it may be necessary to test for neurotoxic 
effects. Substances that have been observed to cause neurotoxic signs 
(e.g., convulsions, tremors, ataxia) in other toxicity tests, as well as 
those having a structural similarity to known neurotoxicants, should be 
evaluated for neurotoxicity. The functional observational battery is a 
noninvasive procedure designed to detect gross functional deficits in 
young adults resulting from exposure to chemicals and to better quantify 
neurotoxic effects detected in other studies. This battery of tests is 
not intended to provide a detailed evaluation of neurotoxicity. It is 
designed to be used in conjunction with neuropathologic evaluation and/
or general toxicity testing. Additional functional tests may be 
necessary to assess completely the neurotoxic potential of a chemical.
    (b) Definitions. (1) Neurotoxicity is any adverse effect on the 
structure or function of the central and/or peripheral nervous system 
related to exposure to a chemical substance.
    (2) A toxic effect is an adverse change in the structure or function 
of an experimental animal as a result of exposure to a chemical 
substance.
    (c) Principle of the test method. The material is administered by an 
appropriate route to laboratory rodents. The animals are observed under 
carefully standardized conditions with sufficient frequency to ensure 
the detection of behavioral and/or neurologic abnormalities, if present. 
Various functions that could be affected by neurotoxicants are assessed 
during each observation period.
    (d) Test procedures--(1) Animal selection--(i) Species and strain. 
The laboratory rat or mouse is recommended. Although information will 
generally be lacking, whenever possible the choice of species should 
take into consideration such factors as the comparative metabolism of 
the chemical and species sensitivity to the toxic effects of the test 
substance, as evidenced by the results of other studies. The potential 
for combined studies should also be considered. Standard strains should 
be used.
    (ii) Age. Young adult animals (at least 42 days old for the rat or 
mouse) shall be used.
    (iii) Sex. (A) Equal numbers of animals of each sex are required for 
each dose level.
    (B) The females shall be nulliparous and nonpregnant.
    (2) Number of animals. At least eight animals of each sex should be 
used at each dose level and should be designated for behavioral testing. 
If interim sacrifices are planned, the number should be increased by the 
number of animals scheduled to be sacrificed before the end of the 
study. Animals shall be randomly assigned to treatment and control 
groups.
    (3) Control groups. (i) A concurrent (``sham'' exposure or vehicle) 
control group is required. Subjects shall be treated in the same way as 
for an exposure group except that administration of the test substance 
is omitted.
    (ii) Concurrent or historic data from the laboratory performing the 
testing shall provide evidence of the ability of the procedures used to 
detect major neurotoxic endpoints such as limb weakness or paralysis 
(e.g., acrylamide), CNS stimulation (e.g., , '-
iminodiproprionitrile) autonomatic signs (e.g., physostigmine).
    (iii) A satellite group may be treated with the high dose level for 
the duration of exposure and observed for reversibility, persistence, or 
delayed occurrence of toxic effects for a post-

[[Page 213]]

treatment period of appropriate duration, normally not less than 28 
days.
    (4) Dose levels and dose selection. At least 3 doses, equally spaced 
on a log scale (e.g., \1/2\ log units) over a range of at least 1 log 
unit shall be used in addition to a zero dose or vehicle administration. 
The data should be sufficient to produce a dose-effect curve.
    (i) The highest dose shall produce (A) clear behavioral effects or 
(B) life-threatening toxicity.
    (ii) The data from the lower doses must show either (A) graded dose-
dependent effects at 2 dose levels or (B) no effects at 2 dose levels, 
respectively.
    (5) Duration and frequency of exposure. The duration and frequency 
of exposure will be specified in the test rule.
    (6) Route of exposure. The test substance shall be administered by 
the route specified in the test rule. This route will usually be the one 
most closely approximating the expected route of human exposure. The 
exposure potocol shall conform to that outlined in the appropriate acute 
or subchronic toxicity study guideline under subpart B or subpart C of 
this part.
    (7) Combined protocol. Subjects used for other toxicity studies may 
be used if none of the requirements of either study are violated by the 
combination.
    (8) Study conduct. (i) All animals in a given study should be 
observed carefully by trained technicians who are blind with respect to 
the animals' treatments. Standard procedures to minimize observer 
variability shall be followed. Where possible, it is advisable that the 
same observer be used to evaluate the animals in a given study. If this 
is not possible, some demonstration of inter-observer reliability is 
required. All animals should be observed prior to initiation of 
exposure. Subsequent observations should be made with sufficent 
frequency to ensure the detection of behavioral and/or neurologic 
abnormalities, if present. At minimum, observations at 1 hour, 6 hours, 
24 hours, 7 days, and 14 days and monthly thereafter are recommended. In 
a subchronic study, subsequent to the first exposure all observations 
should be made before the daily exposure. The animals should be removed 
from the home cage to a standard arena for observation. Effort should be 
made to ensure that variations in the test conditions are minimal and 
are not systematically related to treatment. Among the variables that 
can affect behavior are sound level, temperature, humidity, lighting, 
odors, time of day, and environmental distractions. Explicit, 
operationally defined scales for each function should be used. The 
development of objective quantitative measures of the observational 
endpoints specified is encouraged.
    (ii) The following is a minimal list of observations that shall be 
noted:
    (A) Any unusual responses with respect to body position, activity 
level, coordination of movement, and gait.
    (B) Any unusual or bizarre behavior including, but not limited to, 
headflicking, head searching, compulsive biting or licking, self-
mutilation, circling, and walking backwards.
    (C) The presence of:
    (1) Convulsions.
    (2) Tremors.
    (3) Increased levels of lacrimation and/or red-colored tears.
    (4) Increased levels of salivation.
    (5) Piloerection.
    (6) Pupillary dilation or constriction.
    (7) Unusual respiration (shallow, labored, dyspneic, gasping, and 
retching) and/or mouth breathing.
    (8) Diarrhea.
    (9) Excessive or diminished urination.
    (10) Vocalization.
    (D) Forelimb/hindlimb grip strength. The procedure described by 
Meyer et al. (1979), under paragraph (f)(9) of this section is 
recommended.
    (E) Sensory function. A simple assessment of sensory function 
(vision, audition, pain perception) shall be made. Marshall et al. 
(1971) under paragraph (f)(8) of this section have described a 
neurologic exam for this purpose; these procedures are also discussed by 
Deuel (1977), under paragraph (f)(4) of this section. Irwin (1968) under 
paragraph (f)(7) of this section described a number of reflex tests 
intended to detect gross sensory deficits, including the visual placing 
response, Preyer reflex, and tail pinch. Many procedures have been 
developed for assessing pain perception (e.g., Ankier, 1974 under 
paragraph (f)(1) of this section; D'Amour and Smith 1941 under paragraph 
(f)(3) of this section; Evans

[[Page 214]]

1971 under paragraph (f)(6) of this section).
    (e) Data reporting and evaluation. In addition to the reporting 
requirements specified under 40 CFR part 792 subpart J the final test 
report must include the following information.
    (1) Description of system and test methods. (i) A detailed 
description of the procedures used to standardize observation, including 
the arena and operational definitions for scoring observations.
    (ii) Positive control data from the laboratory performing the test 
that demonstrate the sensitivity of the procedures being used. Historic 
data may be used if all aspects of the experimental protocol are the 
same, including personnel.
    (2) Results. The following information must be arranged by test 
group dose level.
    (i) In tabular form, data for each animal must be provided showing:
    (A) Its identification number.
    (B) Its body weight and score on each sign at each observation time, 
the time and cause of death (if appropriate).
    (ii) Summary data for each group must include:
    (A) The number of animals at the start of the test.
    (B) The number of animals showing each observation score at each 
observation time.
    (C) The percentage of animals showing each abnormal sign at each 
observation time.
    (D) The mean and standard deviation for each continuous endpoint at 
each observation time.
    (3) Evaluation of data. The findings of a functional observational 
battery should be evaluated in the context of preceding and/or 
concurrent toxicity studies and any correlative histopathological 
findings. The evaluation shall include the relationship between the 
doses of the test substance and the presence or absence, incidence and 
severity, of any neurotoxic effects. The evaluation should include 
appropriate statistical analyses. Choice of analyses should consider 
tests appropriate to the experimental design and needed adjustments for 
multiple comparisons.
    (f) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Ankier, S.I. ``New hot plate tests to quantify antinociceptic 
and narcotic antagonist activities,'' European Journal of Pharmacology, 
27: 1-4 (1974).
    (2) Coughenour, L.L., McLean, J.R. and Parker, R.B. ``A new device 
for the rapid measurement of impaired motor function in mice,'' 
Pharmacology, Biochemistry and Behavior, 6: 351-353 (1977).
    (3) D'Amour, F.E., Smith, D.L. ``A method for determining loss of 
pain sensation,'' Journal of Pharmacology and Experimental Therapeutics, 
72: 74-79 (1941).
    (4) Deuel, R.K. ``Determining sensory deficits in animals,'' Methods 
in Psychobiology Ed. Myers R.D. (New York: Academic Press, 1977) pp. 99-
125.
    (5) Edwards, P.M., Parker, V.H. ``A simple, sensitive and objective 
method for early assessment of acrylamide neuropathy in rats,'' 
Toxicology and Applied Pharmacology, 40: 589-591 (1977).
    (6) Evans, W.O. ``A new technique for the investigation of some 
analgesic drugs on reflexive behavior in the rat,'' Psychopharmacologia, 
2: 318-325 (1961).
    (7) Irwin, S. ``Comprehensive observational assessment: Ia. A 
systematic quantitative procedure for assessing the behavioral and 
physiologic state of the mouse,'' Psychopharmacologia, 13: 222-257 
(1968).
    (8) Marshall, J.F., Turner, B.H., Teitlbaum, P. ``Sensory neglect 
produced by lateral hypothalamic damage,'' Science, 174: 523-525 (1971).
    (9) Meyer, O.A., Tilson, H.A., Byrd, W.C., Riley, M.T. ``A method 
for the routine assessment of fore- and hindlimb grip strength of rats 
and mice,'' Neurobehavioral Toxicology, 1: 233-236 (1979).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19082, May 20, 1987]



Sec. 798.6200  Motor activity.

    (a) Purpose--(1) General. In the assessment and evaluation of the 
toxic characteristics of a substance, determination of the effects of 
administration of the substance on motor activity is useful when 
neurotoxicity is suspected.
    (2) Acute Motor Activity Test. The purpose of the acute motor 
activity test is to examine changes in motor activity

[[Page 215]]

occurring over a range of acute exposure levels. These changes may then 
be evaluated in the context of changes occurring in other organ systems. 
This test is an initial step in determining the potential of a substance 
to produce acute neurotoxicity and may be used to screen members of a 
class of substances for known neurotoxicity, and/or to establish a 
dosage regimen prior to the initiation of subchronic neurotoxicity 
testing.
    (3) Subchronic Motor Activity Test. The purpose of the subchronic 
motor activity test is to determine whether the repeated administration 
of a suspected neurotoxicant results in changes in motor activity. These 
changes may be evaluated in the context of changes occurring in other 
organ systems. This test is an initial step in determining the potential 
of a substance to produce subchronic neurotoxicity.
    (b) Definitions. (1) Neurotoxicity is the adverse effect on the 
structure or function of the central and/or peripheral nervous system 
related to exposure to a chemical substance.
    (2) Motor activity is any movement of the experimental animal.
    (3) A toxic effect is an adverse change in the structure or function 
of an experimental animal as a result of exposure to a chemical 
substance.
    (c) Principle of the test method. The test substance is administered 
to several groups of experimental animals, one dose being used per 
group. Measurements of motor activity are made. The exposure levels at 
which significant changes in motor activity are produced are compared to 
those levels which produce toxic effects not originating in the central 
and/or peripheral nervous system.
    (d) Test procedures--(1) Animal selection--(i) Species and strain. 
Testing shall be performed in a laboratory rat or mouse. The choice of 
species should take into consideration such factors as the comparative 
metabolism of the chemical and species sensitivity to the toxic effects 
of the test substance, as evidenced by the results of other studies, the 
potential for combined studies, and the availability of other toxicity 
data for the species.
    (ii) Age. Young adult animals (at least 42 days old for rat or 
mouse) should be used.
    (iii) Sex. (A) Equal numbers of animals of each sex are required for 
each dose level for the motor activity test.
    (B) The females shall be nulliparous and nonpregnant.
    (2) Number of animals. Animals shall be randomly assigned to test 
and control groups. Each test or control group must be designed to 
contain a sufficient number of animals at the completion of the study to 
detect a 40 percent change in activity of the test groups relative to 
the control group with 90 percent power at the 5 percent level. For most 
designs, calculations can be made according to Dixon and Massey (1957) 
under paragraph (f)(1) of this section, Neter and Wasserman (1974) under 
paragraph (f)(5) of this section, Sokal and Rohlf (1969) under paragraph 
(f)(9) of this section, or Jensen (1972) under paragraph (f)(3) of this 
section.
    (3) Control groups. (i) A concurrent control group is required. This 
group must be an untreated group, or, if a vehicle is used in 
administering the test substance, a vehicle control group. If the toxic 
properties of the vehicle are not known or cannot be made available, 
both untreated and vehicle control group are required.
    (ii) Positive control data are required to demonstrate the 
sensitivity and reliability of the activity measuring device and testing 
procedure. These data should demonstrate the ability to detect increases 
or decreases in activity and to generate a dose-effect curve or its 
equivalent using three values of the dose or equivalent independent 
variable. A single administration of the dose (or equivalent) is 
sufficient. It is recommended that chemical exposure be used to collect 
positive control data. Positive control data shall be collected at the 
time of the test study unless the laboratory can demonstrate the 
adequacy of historical data for this purpose.
    (iii) A satellite group may be treated with the high dose level for 
90 days and observed for reversibility, persistence or delayed 
occurrence of toxic effects for a post-treatment period of appropriate 
length, normally not less than 28 days.

[[Page 216]]

    (4) Dose levels and dose selection. At least 3 doses, equally spaced 
on a log scale (e.g., \1/2\ log units) over a range of at least 1 log 
unit shall be used in addition to a zero dose or vehicle administration. 
The data should be sufficient to produce a dose-effect curve.
    (i) The highest dose shall produce (A) clear effects on motor 
activity or (B) life-threatening toxicity.
    (ii) The data from the lower doses must show either (A) graded dose-
dependent effects at 2 dose levels or (B) no effects at 2 dose levels, 
respectively.
    (5) Duration of testing. The duration of exposure will be specified 
in the test rule.
    (6) Route of administration. The test substance shall be 
administered by the method specified in the test rule. This will usually 
be the route most closely approximating the route of human exposure. The 
exposure protocol shall conform to that outlined in the appropriate 
acute or subchronic toxicity study guideline.
    (7) Combined protocol. The tests described herein may be combined 
with any other toxicity study, as long as none of the requirements of 
either are violated by the combination.
    (8) Study conduct--(i) General. Motor activity must be monitored by 
an automated activity recording apparatus. The device used must be 
capable of detecting both increases and decreases in activity, i.e. 
baseline activity as measured by the device must not be so low as to 
preclude decreases nor so high as to preclude increases. Each device 
shall be tested by standard procedure to ensure, to the extent possible, 
reliability of operation across devices and across days for any one 
device. In addition, treatment groups must be balanced across devices. 
Each animal shall be tested individually. The test session shall be long 
enough for motor activity to approach asymptotic levels by the last 20 
percent of the session for most treatments and animals. All sessions 
should have the same duration. Treatment groups shall be counter-
balanced across test times. Effort should be made to ensure that 
variations in the test conditions are minimal and are not systematically 
related to treatment. Among the variables which can affect motor 
activity are sound level, size and shape of the test cage, temperature, 
relative humidity, lighting conditions, odors, use of home cage or novel 
test cage and environmental distractions. Tests shall be executed by an 
appropriately trained individual.
    (ii) Acute. Testing shall be timed to include the time of peak 
signs.
    (iii) Subchronic. All animals shall be tested prior to initiation of 
exposure and at 30 2, 60 2 and 90 2 
days during the exposure period. Testing shall occur prior to the daily 
exposure. Animals shall be weighed on each test day and at least once 
weekly during the exposure period.
    (e) Data reporting and evaluation. In addition to the reporting 
requirements specified under 40 CFR part 792, subpart J the final test 
report must include the following information:
    (1) Description of system and test methods. (i) Positive control 
data from the laboratory performing the test which demonstrate the 
sensitivity of the procedure being used.
    (ii) Procedures for calibrating and assuring the equivalence of 
devices and balancing treatment groups.
    (2) Results. The following information must be arranged by test 
group (dose level).
    (i) In tabular form, data must be provided showing for each animal:
    (A) Its identification number.
    (B) Body weight, total session activity counts, and intrasession 
subtotals for each date measured.
    (ii) Group summary data should also be reported.
    (3) Evaluation of data. An evaluation of the test results (including 
statistical analysis comparing total activity counts at the end of 
exposure of treatment vs control animals must be made and supplied. This 
submission must include dose-effect curves for motor activity expressed 
as activity counts.
    (f) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Dixon, W.J., Massey, E.J. Introduction to Statistical Analysis 
2nd Ed. (New York: McGraw-Hill, 1957).
    (2) Finger, F.W. ``Measuring behavioral activity,'' Methods in 
Psychobiology Vol. 2. Ed. R.D. Myers (New York: Academic, 1972) pp. 1-
19.

[[Page 217]]

    (3) Jensen, D.R. ``Some simultaneous multivariate procedures using 
Hotelling's T2 Statistics,'' Biometrics, 28:39-53 (1972).
    (4) Kinnard, E.J. and Watzman, N. ``Techniques utilized in the 
evaluation of psychotropic drugs on animals activity,'' Journal of 
Pharmaceutical Sciences, 55:995-1012 (1966).
    (5) Neter, J. and Wasserman, W. Applied Linear Statistical Models. 
Homewood, Richard D. Irwin, Inc., 1974.
    (6) Reiter, L.E. ``Use of activity measures in behavioral 
toxicology,'' Environmental Health Perspectives, 26:9-20 (1978).
    (7) Reiter, L.W. and MacPhail, R.C. ``Motor Activity: A survey of 
methods with potential use in toxicity testing,'' Neurobehavioral 
Toxicology, 1: Suppl. 1, 53-66 (1979).
    (8) Robbins, T.W. ``A critique of the methods available for the 
measurement of spontaneous motor activity,'' Handbook of 
Psychopharmacology. Vol. 7. Eds. Iversen, L.L., Iversen, D.S., Snyder, 
S.H. (New York: Plenum, 1977) pp. 37-82.
    (9) Sokal, R.P. and Rohlf, E.J. Biometry. (San Francisco: W.H. 
Freeman and Co., 1969).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19082, May 20, 1987]



Sec. 798.6400  Neuropathology.

    (a) Purpose. The techniques in this guideline are designed to 
develop data on morphologic changes in the nervous system for chemical 
substances and mixtures subject to such testing under the Toxic 
Substances Control Act. The data will detect and characterize 
morphologic changes, if and when they occur, and determine a no-effect 
level for such changes. Neuropathological evaluation should be 
complemented by other neurotoxicity studies, e.g. behavioral and 
neurophysiological studies. Neuropathological evaluation may be done 
following acute, subchronic or chronic exposure.
    (b) Definition. Neurotoxicity or a neurotoxic effect is an adverse 
change in the structure or function of the nervous system following 
exposure to a chemical agent.
    (c) Principle of the test method. The test substance is administered 
to several groups of experimental animals, one dose being used per 
group. The animals are sacrificed and tissues in the nervous system are 
examined grossly and prepared for microscopic examination. Starting with 
the highest dosage level, tissues are examined under the light 
microscope for morphologic changes, until a no effect level is 
determined. In cases where light microscopy has revealed neuropathology, 
the no effect level may be confirmed by electron microscopy.
    (d) Test procedure--(1) Animal selection--(i) Species and strain. 
Testing shall be performed in the species being used in other tests for 
neurotoxicity. This will generally be the laboratory rat. The choice of 
species shall take into consideration such factors as the comparative 
metabolism of the chemical and species sensitivity to the toxic effects 
of the test substance, as evidenced by the results of other studies, the 
potential for combined studies, and the availability of other toxicity 
data for the species.
    (ii) Age. Animals shall be young adults (150-200 gm for rats) at the 
start of exposure.
    (iii) Sex. Both sexes shall be used unless it is demonstrated that 
one sex is refractory to the effects.
    (2) Number of animals. A minimum of six animals per group shall be 
used. The tissues from each animal shall be examined separately. It is 
recomse (iv)mended that ten animals per group be used.
    (3) Control groups. (i) A concurrent control group(s) is (are) 
required. This group must be an untreated control group or, if a vehicle 
is used in administering the test substance, a vehicle control group. If 
the vehicle used has a known or potential toxic property, both untreated 
and vehicle control groups are required.
    (ii) A satellite group of animals may be treated with the high level 
for 90 days and observed for reversibility, persistence, or delayed 
occurrence of toxic effects for a post-treatment period of appropriate 
length; normally not less than 28 days.
    (4) Dose levels and dose selection. At least 3 doses, equally spaced 
on a log scale (e.g., \1/2\ log units) over a range of

[[Page 218]]

at least 1 log unit shall be used in addition to a zero dose or vehicle 
administration. The data should be sufficient to produce a dose-effect 
curve.
    (i) The highest dose shall produce (A) clear behavioral effects or 
(B) life-threatening toxicity.
    (ii) The data from the lower doses must show either (A) graded dose-
dependent effects at two dose levels or (B) no effects at two dose 
levels, respectively.
    (5) Duration of testing. The exposure duration will be specified in 
the test rule. This will generally be 90 days exposure.
    (6) Route of administration. The test substance shall be 
administered by a route specified in the test rule. This will generally 
be the route most closely approximating the route of human exposure. The 
exposure protocol shall conform to that outlined in the appropriate 
acute or subchronic toxicity guideline.
    (7) Combined protocol. The tests described herein may be combined 
with any other toxicity study, as long as none of the requirements of 
either are violated by the combination.
    (8) Study conduct--(i) Observation of animals. All toxicological 
(e.g., weight loss) and neurological signs (e.g., motor disturbance) 
shall be recorded frequently enough to observe any abnormality, and not 
less than weekly.
    (ii) Sacrifice of animals--(A) General. The goal of the techniques 
outlined for sacrifice of animals and preparation of tissues is 
preservation of tissues morphology to simulate the living state of the 
cell.
    (B) Perfusion technique. Animals shall be perfused in situ by a 
generally recognized technique. For fixation suitable for light or 
electronic microscopy, saline solution followed by buffered 2.5 percent 
glutaraldehyde or buffered 4.0 percent paraformaldehyde, is recommended. 
While some minor modifications or variations in procedures are used in 
different laboratories, a detailed and standard procedure for vascular 
perfusion may be found in the text by Zeman and Innes (1963) under 
paragraph (f)(7) of this section, Hayat (1970) under paragraph (f)(3) of 
this section, and by Spencer and Schaumburg (1980) under paragraph 
(f)(6) of this section. A more sophisticated technique is described by 
Palay and Chan-Palay (1974) under paragraph (f)(4) of this section.
    (C) Removal of brain and cord. After perfusion, the bonystructure 
(cranium and vertebral column) shall be exposed. Animals shall then be 
stored in fixative-filled bags at 4+ C for 8-12 hours. The 
cranium and vertebral column shall be removed carefully by trained 
technicians without physical damage of the brain and cord. Detailed 
dissection procedures may be found in the text by Palay and Chan-Palay 
(1974) under paragraph (f)(4) of this section. After removal, simple 
measurement of the size (length and width) and weight of the whole brain 
(cerebrum, cerebellum, pons-medulla) shall be made. Any abnormal 
coloration or discoloration of the brain and cord shall also be noted 
and recorded.
    (D) Sampling. Unless a given test rule specifies otherwise, cross-
sections of the following areas shall be examined: The forebrain, the 
center of the cerebrum, the midbrain, the cerebellum and pons, and the 
medulla oblongata; the spinal cord at cervical and lumbar swelling 
(C3-C6 and L1-L4); Gasserian 
ganglia, dorsal root ganglia (C3-C6, 
L1-L4), dorsal and ventral root fibers 
(C3-C6, L1-L4), proximal 
sciatic nerve (mid-thigh and sciatic notch), sural nerve (at knee), and 
tibial nerve (at knee). Other sites and tissue elements (e.g.. 
gastrocnemius muscle) should be examined if deemed necessary. Any 
observable gross changes shall be recorded.
    (iii) Specimen storage. Tissue samples from both the central and 
peripheral nervous system shall be further immersion fixed and stored in 
appropriate fixative (e.g., 10 percent buffered formalin for light 
microscopy; 2.5 percent buffered gluteraldehyde or 4.0 percent buffered 
paraformaldehyde for electron microscopy) for future examination. The 
volume of fixative versus the volume of tissues in a specimen jar shall 
be no less than 25:1. All stored tissues shall be washed with buffer for 
at least 2 hours prior to further tissue processing.
    (iv) Histopathology examination. (A) Fixation. Tissue specimens 
stored in 10 percent buffered formalin may be used for this purpose. All 
tissues must be

[[Page 219]]

immersion fixed in fixative for at least 48 hours prior to further 
tissue processing.
    (B) Dehydration. All tissue specimens shall be washed for at least 1 
hour with water or buffer, prior to dehydration. (A longer washing time 
is needed if the specimens have been stored in fixative for a prolonged 
period of time.) Dehydration can be performed with increasing 
concentration of graded ethanols up to absolute alcohol.
    (C) Clearing and embedding. After dehydration, tissue specimens 
shall be cleared with xylene and embedded in paraffin or paraplast. 
Multiple tissue specimens (e.g. brain, cord, ganglia) may be embedded 
together in one single block for sectioning. All tissue blocks shall be 
labelled showing at least the experiment number, animal number, and 
specimens embedded.
    (D) Sectioning. Tissue sections, 5 to 6 microns in thickness, shall 
be prepared from the tissue blocks and mounted on standard glass slides. 
It is recommended that several additional sections be made from each 
block at this time for possible future needs for special stainings. All 
tissue blocks and slides shall be filed and stored in properly labeled 
files or boxes.
    (E) Histopathological techniques. Although the information available 
for a given chemical substance may dictate test-rule specific changes, 
the following general testing sequence is proposed for gathering 
histopathological data:
    (1) General staining. A general staining procedure shall be 
performed on all tissue specimens in the highest treatment group. 
Hematoxylin and eosin (H&E) shall be used for this purpose. The staining 
shall be differentiated properly to achieve bluish nuclei with pinkish 
background.
    (2) Special stains. Based on the results of the general staining, 
selected sites and cellular components shall be further evaluated by the 
use of specific techniques. If H&E screening does not provide such 
information, a battery of stains shall be used to assess the following 
components in all appropriate required samples: neuronal body (e.g.. 
Einarson's gallocyanin), axon (e.g., Bodian), myelin sheath (e.g.. 
Kluver's Luxol Fast Blue) and neurofibrils (e.g.. Bielchosky). In 
addition, peripheral nerve fiber teasing shall be used. Detailed 
staining methodology is available in standard histotechnological manuals 
such as AFIP (1968) under paragraph (f)(1) of this section, Ralis et al. 
(1973) under paragraph (f)(5) of this section, and Chang (1979) under 
paragraph (f)(2) of this section. The nerve fiber teasing technique is 
discussed in Spencer and Schaumberg (1980) under paragraph (f)(6) of 
this section. A section of normal tissue shall be included in each 
staining to assure that adequate staining has occurred. Any changes 
shall be noted and representative photographs shall be taken. If a 
lesion(s) is observed, the special techniques shall be repeated in the 
next lower treatment group until no further lesion is detectable.
    (3) Alternative technique. If the anatomical locus of expected 
neuro-pathology is well-defined, epoxy-embedded sections stained with 
toluidine blue may be used for small sized tissue samples. This 
technique obviates the need for special stains for cellular components. 
Detailed methodology is available in Spencer and Schaumberg (1980) under 
paragraph (f)(6) of this section.
    (4) Electron microscopy. Based on the results of light microscopic 
evaluation, specific tissue sites which reveal a lesion(s) shall be 
further evaluated by electron microscopy in the highest treatment group 
which does not reveal any light microscopic lesion. If a lesion is 
observed, the next lower treatment group shall be evaluated until no 
significant lesion is found. Detailed methodology is available in Hayat 
(1970) under paragraph (f)(3) of this section.
    (F) Examination--(1) General. All stained microscopic slides shall 
be examined with a standard research microscope. Examples of cellular 
alterations (e.g., neuronal vacuolation, degeneration, and necrosis) and 
tissue changes (e.g., gliosis, leukocytic infiltration, and cystic 
formation) shall be recorded and photographed.
    (2) Electron microscopy. Since the size of the tissue samples that 
can be examined is very small, at least 3 to 4 tissue blocks from each 
sampling site must be examined. Tissue sections must be examined with a 
transmission electron

[[Page 220]]

microscope. Three main categories of structural changes must be 
considered:
    (i) Neuronal body. The shape and position of the nucleus and 
nucleolus as well as any change in the chromatin patterns shall be 
noted. Within the neuronal cytoplasm, cytoplasmic organelles such as 
mitochondria, lysosomes, neurotubules, neurofilaments, microfilaments, 
endoplasmic reticulum and polyribosomes (Nissl substance), Golgi 
complex, and secretory granules shall be examined.
    (ii) Neuronal processes. The structural integrity or alterations of 
dendrites, axons (myelinated and unmyelinated), myelin sheaths, and 
synapses shall be noted.
    (iii) Supporting cells. Attention must also be paid to the number 
and structural integrity of the neuroglial elements (oligodendrocytes, 
astrocytes, and microglia) of the central nervous system, and the 
Schwann cells, satellite cells, and capsule cells of the peripheral 
nervous system. Any changes in the endothelial cells and ependymal 
lining cells shall also be noted whenever possible. The nature, 
severity, and frequency of each type of lesion in each specimen must be 
recorded. Representative lesions must be photographed and labeled 
appropriately.
    (e) Data collection, reporting, and evaluation. In addition to 
information meeting the requirements stated under 40 CFR part 792 
subpart J, the following specific information shall be reported:
    (1) Description of test system and test methods. A description of 
the general design of the experiment shall be provided. This shall 
include a short justification explaining any decisions where 
professional judgment is involved such as fixation technique and choice 
of stains.
    (2) Results. All observations shall be recorded and arranged by test 
groups. This data may be presented in the following recommended format:
    (i) Description of signs and lesions for each animal. For each 
animal, data must be submitted showing its identification (animal 
number, treatment, dose, duration), neurologic signs, location(s) nature 
of, frequency, and severity of lesion(s). A commonly-used scale such as 
1+, 2+, 3+, and 4+ for degree of severity ranging from very slight to 
extensive may be used. Any diagnoses derived from neurologic signs and 
lesions including naturally occurring diseases or conditions, should 
also be recorded.
    (ii) Counts and incidence of lesions, by test group. Data shall be 
tabulated to show:
    (A) The number of animals used in each group, the number of animals 
displaying specific neurologic signs, and the number of animals in which 
any lesion was found;
    (B) The number of animals affected by each different type of lesion, 
the average grade of each type of lesion, and the frequency of each 
different type and/or location of lesion.
    (iii) Evaluation of data. (A) An evaluation of the data based on 
gross necropsy findings and microscopic pathology observations shall be 
made and supplied. The evaluation shall include the relationship, if 
any, between the animal's exposure to the test substance and the 
frequency and severity of the lesions observed.
    (B) The evaluation of dose-response, if existent, for various groups 
shall be given, and a description of statistical method must be 
presented. The evaluation of neuropathology data should include, where 
applicable, an assessment in conjunction with other neurotoxicity 
studies performed (eg. electrophysiological, behavioral, neurochemical).
    (f) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) AFIP. Manual of Histologic Staining Methods. (New York: McGraw-
Hill (1968).
    (2) Chang, L.W. A Color Atlas and Manual for Applied Histochemistry. 
(Springfield, IL: Charles C. Thomas, 1979).
    (3) Hayat, M.A. ``Vol. 1. Biological applications,'' Principles and 
techniques of electron microscopy. (New York: Van Nostrand Reinhold, 
1970)
    (4) Palay S.L., Chan-Palay, V. Cerebellar Cortex: Cytology and 
Organization. (New York: Springer-Verlag, 1974).
    (5) Ralis, H.M., Beesley, R.A., Ralis, Z.A. Techniques in 
Neurohistology. (London: Butterworths, 1973).

[[Page 221]]

    (6) Spencer, P.S., Schaumburg, H.H. (eds). Experimental and Clinical 
Neurotoxicology. (Baltimore: Williams and Wilkins, 1980).
    (7) Zeman, W., JRM Innes, J.R.M. Craigie's Neuroanatomy of the Rat. 
(New York: Academic, 1963).

[50 FR 39397, Sept. 27, 1985, as amended at 52 FR 19082, May 20, 1987]



Sec. 798.6500  Schedule-controlled operant behavior.

    (a) Purpose. (1) In the assessment and evaluation of the potential 
human health effects of substances, it may be necessary to test for 
functional neurotoxic effects. Substances that have been observed to 
produce neurotoxic signs in other toxicity studies (e.g. CNS depression 
or stimulation), as well as substances with a structural similarity to 
known neurotoxicants should be evaluated for these effects.
    (2) This guideline defines procedures for conducting studies of 
schedule-controlled operant behavior, one way of evaluating functional 
neurotoxic effects (Dews, 1972 under paragraph (f)(1) of this section; 
NAS 1975, 1977, 1982 under paragraphs (f)(4), (5) and (6) of this 
section). Our purpose is to evaluate the effects of acute and repeated 
exposures on the rate and pattern of responding under schedules of 
reinforcement. Operant behavior tests may be used to evaluate many other 
aspects of behavior (Laties, 1978 under paragraph (f)(3) of this 
section). Additional tests may be necessary to completely assess the 
behavioral effects of any substance. Behavioral evaluation should be 
used in conjunction with neuropathologic evaluation and the evaluation 
of other toxic effects.
    (b) Definitions--(1) Neurotoxicity. Neurotoxicity or a neurotoxic 
effect is an adverse change in the structure or function of the nervous 
system following exposure to a chemical agent. Behavioral toxicity is an 
adverse change in the functioning of the organism with respect to its 
environment following exposure to a chemical agent.
    (2) Operant, operant behavior, operant conditioning. An operant is a 
class of behavioral responses which change or operates on the 
environment in the same way. Operant behavior is further distinguished 
as behavior which is modified by its consequences. Operant conditioning 
is the experimental procedure used to modify some class of behavior by 
reinforcement or punishment.
    (3) Schedule of reinforcement. A schedule of reinforcement specifies 
the relation between behavioral responses and the delivery of 
reinforcers, such as food or water (Ferster and Skinner, 1957 under 
paragraph (f)(2) of this section). For example, a fixed ratio (FR) 
schedule requires a fixed number of responses to produce a reinforcer 
(e.g. FR 30). On a fixed interval (FI) schedule, the first response 
after a fixed period of time is reinforced (e.g. FI 5 minutes).
    (c) Principle of the test method. Experimental animals are trained 
to perform under a schedule of reinforcement and measurements of their 
operant behavior are made. Several doses of the test substance are then 
administered according to the experimental design (between groups or 
within subjects) and the duration of exposure (acute or repeated). 
Measurements of the operant behavior are repeated. A descriptive and 
statistical evaluation of the data is made to evaluate the nature and 
extent of any changes in behavior in relation to exposures to the test 
substance. Comparisons are made between any exposures that influence the 
behavior and exposures that have neuropathological effects or effects on 
other targets of the chemical.
    (d) Test procedures--(1) Experimental design. These test procedures 
may be used to evaluate the behavior of experimental animals receiving 
either acute or repeated exposures. For acute exposure studies, either 
within-subject or between groups, experimental designs may be used. For 
repeated exposure studies, between groups designs should be used, but 
within subject comparisons (pre-exposure and post-exposure) are 
recommended and encouraged.
    (2) Animal selection--(i) Species. (A) For most studies, the 
laboratory mouse or rat is recommended. Standard strains should be used.
    (B) Under some circumstances other species may be recommended.
    (ii) Age. Experimental animals should be young adults. Rats or mice 
should

[[Page 222]]

be at least 14 and 6 weeks old, respectively, prior to exposure.
    (iii) Sex. (A) Approximately equal numbers of male and female 
animals are required for each dose level and control group.
    (B) Virgin females should be used.
    (iv) Experimental history. Animals should be experimentally and 
chemically naive.
    (3) Number of animals. Six to twelve animals should be exposed to 
each level of the test substance and/or control procedure. If post 
exposure effects are examined, a separate group, 6 to 12 additional 
animals not sacrificed for pathology, will required in subchronic 
studies.
    (4) Control groups--(i) Untreated controls. A concurrent ``sham'' 
exposure or vehicle control group or session (according to the design of 
the study) is required. The subjects should be treated similarly except 
that administration of the test substance is omitted.
    (ii) Positive controls. Positive control data is required to 
demonstrate that the experimental procedures, under the specific 
conditions in the testing laboratory, are sensitive to substances known 
to affect operant behavior. Both increases and decreases in response 
rate should be demonstrated. Data based on acute exposures will be 
adequate. Data should be collected according to the same experimental 
design as that proposed for the test substance. Historical data on the 
procedure collected in the same species and under the same conditions in 
the testing laboratory may be acceptable, but the presentation of 
concurrent control data is strongly encouraged since it provides 
evidence that the test has remained sensitive.
    (5) Dose levels and dose selection. At least 3 doses, equally spaced 
over a log scale (e.g., 10, 30, 100), over a range of at least 1 log 
unit shall be used in addition to a zero dose or vehicle administration. 
The data should be sufficient to produce a dose-effect curve.
    (i) The highest dose shall produce: (A) Clear behavioral effects; or 
(B) life-threatening toxicity.
    (ii) The data from the lower doses must show either: (A) Graded 
dose-dependent effects at 2 dose levels; or (B) no effects at 2 dose 
levels, respectively.
    (6) Duration of exposure. The duration and frequency of exposure 
will be specified in the test rule.
    (7) Route of Administration. The route of administration will also 
be specified in the test rule and will usually be identical to one of 
the anticipated or actual routes of human exposure. For some chemicals, 
another route (e.g. parenteral) may be justified. The exposure protocol 
should conform to that outlined in the appropriate acute or subchronic 
toxicity study guideline under subpart B or subpart C of this part.
    (8) Study conduct--(i) Apparatus. Behavioral responses and the 
delivery of reinforcers shall be controlled and monitored by automated 
equipment located so that its operation does not provide unintended cues 
or otherwise interfere with the ongoing behavior. Individual chambers 
should be sound attenuated to prevent disruptions of behavior by 
external noise. The response manipulanda, feeders, and any stimulus 
devices should be tested before each session; these devices should 
periodically be calibrated.
    (ii) Chamber assignment. Concurrent treatment groups should be 
balanced across chambers. Each subject should be tested in the chamber 
to which it is initially assigned.
    (iii) Deprivation and training. (A) If a nonpreferred positive 
reinforcer is used, all subjects should be deprived of food until they 
reach a fixed percentage (e.g. 80 to 90 percent, commonly) of their ad 
libitum body weight or for a fixed period (e.g., 18 hours) prior to 
training. Deprivation should be kept constant throughout the study.
    (B) Subjects must be trained until they display demonstrable 
stability in performance across days prior to exposure. One simple and 
useful criterion is a minimum number of sessions on the schedule and no 
systematic trend during the 5 days before exposure.
    (C) Cumulative records of cumulative responding over time for each 
animal should be presented to demonstrate that the pattern of responding 
is representative of that generated by the schedule of reinforcement.
    (iv) Time, frequency, and duration of testing--(A) Time of testing. 
All experimental animals should be tested at the

[[Page 223]]

same time of day and with respect to the time of exposure. For acute 
studies, testing should be performed when effects are estimated to peak, 
usually shortly after exposure. For subchronic studies, subjects should 
be tested prior to daily exposure in order to assess cumulative effects.
    (B) Frequency of testing. The maintenance of stable operant behavior 
normally will require regular and frequent (e.g., 5 days a week) testing 
sessions. Animals should be weighed on each test day.
    (C) Duration of testing. (1) Experimental sessions should be long 
enough to reasonably see the effects of exposure, but brief enough to be 
practical. Under most circumstances, a session length of 30-40 minutes 
should be adequate.
    (2) If the nature or duration of effects following cessation of 
repeated exposure are a concern, animals from the high dose group should 
be tested following exposure for a suitable period of time.
    (v) Schedule selection. The schedule of reinforcement chosen should 
generate response rates that may increase or decrease as a function of 
exposure. Many schedules of reinforcement can do this: a single schedule 
maintaining a moderate response rate; fixed-interval schedules, which 
engender a variety of response rates in each interval; or multiple 
schedules, where different components may maintain high and low response 
rates.
    (e) Data reporting and evaluation. In addition to the reporting 
requirements specified under 40 CFR part 792, subpart J the final test 
report should contain the following information:
    (1) Description of system, test methods, experimental design, and 
control data. (i) A description of the experimental chamber, programming 
equipment, data collection devices, and environmental conditions.
    (ii) A description of the experimental design including 
counterbalancing procedures, and the stability criterion.
    (iii) A description and statistical evaluation of positive control 
and other control data, including standard measures of central tendency, 
variability, coefficient of variation of response rates, and the slope 
of the dose-effect curve.
    (2) Results. (i) Data for each animal should be arranged by test 
group in tabular form including the animal identification number, body 
weight, pre-exposure rate of responding, changes in response rate 
produced by the chemical, and group data for the same variables, 
including standard measures of central tendency, variability and 
coefficient of variation.
    (ii) A description and statistical evaluation of the test results: 
With particular reference to the overall statistical procedures (e.g., 
parametric or nonparametric) dose-effect curve, and calculation of 
slope. Presentation of calculations is encouraged.
    (f) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Dews, P.B. ``Assessing the Effects of Drugs,'' Methods in 
Psychobiology, Vol. 2, Ed., R.D. Myers (New York: Academic Press, 1972) 
83-124.
    (2) Ferster, C.B. Skinner, B.F. Schedules of Reinforcement. (New 
York: Appleton-Century-Crofts, 1957).
    (3) Laties, V.G. ``How Operant Conditioning can Contribute to 
Behavioral Toxicology,'' Environmental Health Perspectives, 28: 29-35 
(1978).
    (4) National Academy of Science. Principles for Evaluating Chemicals 
in the Environment. (Washington, DC: National Academy of Sciences, 
1975).
    (5) National Academy of Science. Principles and Procedures for 
Evaluating the Toxicity of Household Substances. (Washington, DC: 
National Academy of Sciences, 1977).
    (6) National Academy of Science. ``Strategies to determine needs and 
priorities for toxicity testing,'' Appendix 3B. Reference Protocol 
Guidelines For Neurobehavioral Toxicity Tests. 2: 123-129 (1982).



Sec. 798.6560  Subchronic delayed neuro-toxicity of organophosphorus substances.

    (a) Purpose. In the assessment and evaluation of the toxic 
characteristics of organophosphorus substances the determination of 
subchronic delayed

[[Page 224]]

neurotoxicity may be carried out, usually after initial information on 
delayed neurotoxicity has been obtained by acute testing or by the 
demonstration of inhibition and aging of neurotoxic esterase in hen 
neural tissue. The subchronic delayed neurotoxicity test provides 
information on possible health hazards likely to arise from repeated 
exposures over a limited period of time. It will provide information on 
dose response and can provide an estimate of a non-effect level which 
can be of use for establishing safety criteria for exposure.
    (b) Definitions. Subchronic delayed neurotoxicity is a prolonged, 
delayed-onset locomoter ataxia resulting from repeated daily 
administration of the test substance.
    (c) Principle of the test method. Multiple dose levels of the test 
substance are administered orally to domestic hens (Gallus gallus 
domesticus) for 90 days. The animals are observed at least daily for 
behavioral abnormalities, locomotor ataxia and paralysis. 
Histopathological examination of selected neural tissues is undertaken 
at the termination of the test period.
    (d) Test procedures--(1) Animal selection. The adult domestic laying 
hen, aged 8 to 14 months, is recommended. Standard size breeds and 
strains should be employed.
    (2) Number of animals. Ten hens should be used for each treatment 
and control group.
    (3) Control group--(i) General. A concurrent control group should be 
used. This group should be treated in a manner identical to the treated 
group, except that administration of the test substance is omitted.
    (ii) Reference substances. If a positive control is used, a 
substance which is known to produce delayed neurotoxicity should be 
employed. Examples of such substances are triorthocresyl phosphate 
(TOCP) and leptophos.
    (4) Housing and feeding conditions. Cages or enclosures which are 
large enough to permit free mobility of the hens and easy observation of 
gait should be used. Where the lighting is artificial, the sequence 
should be 12 hours light, 12 hours dark. Appropriate diets should be 
administered as well as an unlimited supply of drinking water.
    (5) Dose levels. At least three dose levels should be used in 
addition to the control group(s). The highest dose level should result 
in toxic effects, preferably delayed neurotoxicity, but not produce an 
incidence of fatalities which would prevent a meaningful evaluation. The 
lowest dose level should not produce any evidence of toxicity.
    (6) Route of administration. Oral dosing each day for at least 5 
days per week should be carried out, preferably by gavage or 
administration of gelatine capsules.
    (7) Study conduct--(i) General. Healthy young adult hens free from 
interfering viral diseases and medication and without abnormalities of 
gait should be acclimatized to the laboratory conditions for at least 5 
days prior to randomization and assignment to treatment and control 
groups. The test or control substance should be administered and 
observations begun. All hens should be carefully observed at least once 
daily throughout the test period. Signs of toxicity should be recorded, 
including the time of onset, degree and duration. Observations should 
include, but not be limited to, behavioral abnormality, locomotor ataxia 
and paralysis. At least once a week the hens should be taken outside the 
cages and subjected to a period of forced motor activity, such as ladder 
climbing, in order to enhance the observation of minimal responses. The 
hens should be weighed weekly. Any moribund hens should be removed and 
sacrificed.
    (ii) Pathology--(A) Gross necropsy. In the presence of clinical 
signs of delayed neurotoxicity useful information may be provided by 
gross necropsy.
    (B) Histopathology. Tissues from all animals should be fixed in 
situ, using perfusion techniques. Sections should include medulla 
oblongata, spinal cord and peripheral nerves. The spinal cord sections 
should be taken from the upper cervical bulb, the mid-thoracic and 
lumbosacral regions. Sections of the proximal region of the tibial nerve 
and its branches and of the sciatic nerve should be taken. Sections 
should be stained with appropriate myelin and axon-specific stains. 
Microscopic examination should be carried out on all

[[Page 225]]

hens in the control and high-dose groups. Microscopic examination should 
also be carried out on hens in the low and intermediate dose groups when 
there is evidence of effects in the high-dose group.
    (e) Data reporting and evaluation--(1) Test report. In addition to 
the reporting requirements specified under 40 CFR part 792, subpart J 
the final test report must include the following information:
    (i) Toxic response data by group with a description of clinical 
manifestations of nervous system damage; where a grading system is used 
the criteria should be defined.
    (ii) For each animal, time of death during the study or whether it 
survived to termination.
    (iii) The day of observation of each abnormal sign and its 
subsequent course.
    (iv) Body weight data.
    (v) Necropsy findings for each animal, when performed.
    (vi) A detailed description of all histopathological findings.
    (vii) Statistical treatment of results, where appropriate.
    (2) Treatment of results. (i) Data may be summarized in tabular 
form, showing for each test group the number of animals at the start of 
the test, the number of animals showing lesions or effects, the types of 
lesions or effects and the percentage of animals displaying each type of 
lesion or effect.
    (ii) All observed results should be evaluated by an appropriate 
statistical method. Any generally accepted statistical method may be 
used; the statistical methods should be selected during the design of 
the study.
    (3) Evaluation of results. The findings of a subchronic delayed 
neurotoxicity study should be evaluated in conjunction with the findings 
of preceding studies and considered in terms of the incidence and 
severity of observed neurotoxic effects and any other observed effects 
and histopathological findings in the treated and control groups. A 
properly conducted subchronic test should provide a satisfactory 
estimation of a no-effect level based on lack of clinical signs and 
histopathological changes.
    (f) References. For additional background information on this test 
guideline the following references should be consulted:
    (1) Abou-Donia, M.B. ``Organophosphorus ester-induced delayed 
neurotoxicity'' Annual Review of Pharmacology and Toxicology, 21:511-548 
(1981).
    (2) Abou-Donia, M.B., Pressing, S.H. ``Delayed neurotoxicity from 
continuous low-dose oral administration of leptophos to hens.'' 
Toxicology and Applied Pharmacology, 38:595-608 (1976).
    (3) Baron, R.L. (ed). ``Pesticide Induced Delayed Neurotoxicity,'' 
Proceedings of a Conference, February 19-20, 1976, Washington, DC. U.S. 
Environmental Protection Agency. EPA Report No. 600/1-76-025, 
Washington, DC (1976).
    (4) Cavanaugh, J.B. ``Peripheral neuropathy caused by chemical 
agents'' Critical Reviews of Toxicity, 2:365-417 CRC Press, Inc. (1973).
    (5) Johannsen, F.R., Wright, P.L., Gordon, D.E., Levinskas, G.L., 
Radue, R.W., Graham, P.R. ``Evaluation of delayed neurotoxicity and 
dose-response relationship of phosphate esters in the adult hen,'' 
Toxicology and Applied Pharmacology, 41:291-304 (1977).
    (6) Johnson, M.K. ``Organophosphorus esters causing delayed 
neurotoxic effects: mechanism of action and structure/activity 
studies,'' Archives of Toxicology, 34:259-288 (1975).



PART 799--IDENTIFICATION OF SPECIFIC CHEMICAL SUBSTANCE AND MIXTURE TESTING REQUIREMENTS--Table of Contents




                      Subpart A--General Provisions

Sec.
799.1  Scope and purpose.
799.2  Applicability.
799.3  Definitions.
799.5  Submission of information.
799.10  Test standards.
799.11  Availability of test guidelines.
799.12  Test results.
799.17  Effects of non-compliance.
799.18  Chemicals subject of test rules or consent orders for which the 
          testing reimbursement period has passed.
799.19  Chemical imports and exports.

[[Page 226]]

                 Subpart B--Specific Chemical Test Rules

799.1053  Trichlorobenzenes.
799.1560  Diethylene glycol butyl ether and diethylene glycol butyl 
          ether acetate.
799.1575  Diethylenetriamine (DETA).
799.1645  2-Ethylhexanol.
799.1700  Fluoroalkenes.
799.2155  Commercial hexane.
799.2325  Isopropanol.
799.2475  2-Mercaptobenzothiazole.
799.2700  Methyl ethyl ketoxime.
799.3300  Unsubstituted phenylenediamines.
799.4360  Tributyl phosphate.
799.4440  Triethylene glycol monomethyl ether.

                    Subpart C--Testing Consent Orders

799.5000  Testing consent orders for substances and mixtures with 
          Chemical Abstract Service Registry Numbers.
799.5025  Testing consent orders for mixtures without Chemical Abstracts 
          Service Registry Numbers.

                   Subpart D--Multichemical Test Rules

799.5055  Hazardous waste constituents subject to testing.
799.5075  Drinking water contaminants subject to testing.

Subparts E-G  [Reserved]

                Subpart H--Health Effects Test Guidelines

799.9135  TSCA acute inhalation toxicity with histopathology.
799.9346  TSCA 90-day inhalation toxicity.
799.9370  TSCA prenatal developmental toxicity.
799.9380  TSCA reproduction and fertility effects.
799.9420  TSCA carcinogenicity.
799.9510  TSCA bacterial reverse mutation test.
799.9530  TSCA in vitro mammalian cell gene mutation test.
799.9538  TSCA mammalian bone marrow chromosomal aberration test.
799.9539  TSCA mammalian erythrocyte micronucleus test.
799.9620  TSCA neurotoxicity screening battery.
799.9780  TSCA immunotoxicity.

    Authority: 15 U.S.C. 2603, 2611, 2625.

    Source: 49 FR 39817, Oct. 10, 1984, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 799.1  Scope and purpose.

    (a) This part identifies the chemical substances, mixtures, and 
categories of substances and mixtures for which data are to be 
developed, specifies the persons required to test (manufacturers, 
including importers, and/or processors), specifies the test substance(s) 
in each case, prescribes the tests that are required including the test 
standards, and provides deadlines for the submission of reports and data 
to EPA.
    (b) This part requires manufacturers and/or processors of chemical 
substances or mixtures (``chemicals'') identified in subpart B to submit 
letters of intent to test, exemption applications, and study plans in 
accordance with EPA test rule development and exemption procedures 
contained in part 790 of this chapter and any modifications to such 
procedures contained in this part.
    (c) This part requires manufacturers and/or processors of chemicals 
identified in subpart B to conduct tests and submit data in accordance 
with the test standards contained in this part in order to develop data 
on the health and environmental effects and other characteristics of 
these chemicals. These data will be used to assess the risk of injury to 
human health or the environment presented by these chemicals.
    (d) This part contains certain TSCA test guidelines which are cross-
referenced in the test rules contained in this part.

[49 FR 39817, Oct. 10, 1984, as amended at 62 FR 43824, Aug. 15, 1997]



Sec. 799.2  Applicability.

    This part is applicable to each person who manufactures or intends 
to manufacture (including import) and/or to each person who processes or 
intends to process a chemical substance or mixture identified in subpart 
B for testing during the period commencing with the effective date of 
the specific chemical test rule until the end of the reimbursement 
period. Each set of testing requirements in subpart B specifies whether 
those requirements apply to manufacturers only, to processors only, or 
to both manufacturers and processors.



Sec. 799.3  Definitions.

    The definitions in section 3 of the Toxic Substances Control Act 
(TSCA) and the definitions of Sec. 790.3 of this chapter apply to this 
part.

[[Page 227]]



Sec. 799.5  Submission of information.

    Information (letters, study plans, reports) submitted to EPA under 
this part must bear the Code of Federal Regulations section number of 
the subject chemical test rule (e.g., Sec. 799.1285 for Cumene) and must 
be addressed to the Document Control Office (7407), Office of Pollution 
Prevention and Toxics, U.S. Environmental Protection Agency, Room G-099, 
401 M St., SW., Washington, DC 20460.

[60 FR 34467, July 3, 1995]



Sec. 799.10  Test standards.

    Testing required under subpart B must be performed using a study 
plan prepared according to the requirements of parts 790 and 792 of this 
chapter unless modified in specific chemical test rules in subpart B. 
All raw data, documentation, records, protocols, specimens and reports 
generated as a result of a study under subpart B must be developed, 
reported, and retained in accordance with TSCA Good Laboratory Practice 
Standards (GLP's) in part 792 of this chapter. These items must be made 
available during an inspection or submitted to EPA upon request by EPA 
or its authorized representative. Laboratories conducting testing for 
submission to the Agency in response to a test rule promulgated under 
section 4 of TSCA must adhere to the TSCA GLP's. Sponsors must notify 
the laboratory that the study is being conducted pursuant to TSCA 
section 4. Sponsors are also responsible for ensuring that laboratories 
conducting the test abide by the TSCA GLP standards. In accordance with 
Sec. 792.12 of this chapter, a certification concerning adherence to the 
TSCA GLP's must be submitted to EPA.



Sec. 799.11  Availability of test guidelines.

    (a) The TSCA and FIFRA guidelines for the various study plans are 
available from the National Technical Information Service (NTIS). 
Address and telephone number: National Technical Information Service, 
5285 Port Royal Road, Springfield, VA 22161 (703-487-4650).
    (b) The OECD guidelines for the various study plans are available 
from the following address: OECD Publication and Information Center, 
1750 Pennsylvania Ave., NW., Washington, DC 20006 (202-724-1857).



Sec. 799.12  Test results.

    Except as set forth in specific chemical test rules in subpart B of 
this part, a positive or negative test result in any of the tests 
required under subpart B is defined in the TSCA test guidelines 
published by NTIS.



Sec. 799.17  Effects of non-compliance.

    Any person who fails or refuses to comply with any aspect of this 
part or part 790 is in violation of section 15 of TSCA. EPA will treat 
violations of Good Laboratory Practice Standards as indicated in 
Sec. 792.17 of this chapter.



Sec. 799.18  Chemicals subject of test rules or consent orders for which the testing reimbursement period has passed.

    The following table lists substances and mixtures that have been the 
subjects of section 4 testing actions and for which the testing 
reimbursement period has terminated (sunset). The Federal Register 
citation in the table is for the final rule/consent order that includes 
the particular substance for which the sunset date listed in the table 
below applies. Section 12(b) export notification is no longer required 
for these substances and mixtures. Substances that are the subjects of 
two or more section 4 testing actions may have section 4 reimbursement 
or section 12(b) export notification requirements that have not sunset; 
see subparts B, C, and D of this part to determine if certain other 
section 4 testing requirements apply. Additionally, section 12(b) export 
notification may also be triggered by proposed or final action under 
TSCA section 5, 6, or 7 (in addition to final actions under section 4); 
see 40 CFR part 707, subpart D for further information regarding the 
TSCA section 12(b) export notification requirements.

----------------------------------------------------------------------------------------------------------------
  CAS No.                 Chemical Name                          FR cite                     Sunset dates
----------------------------------------------------------------------------------------------------------------
            C-9 Aromatic Hydrocarbon Fraction\1\      50 FR 20662, 5/17/85           Aug 13, 1994
 

[[Page 228]]

 
62-53-3...  Aniline                                   53 FR 31804, 8/19/88           July 27, 1994
 
71-55-6...  1,1,1-Trichloroethane                     49 FR 39810, 10/10/84          June 29, 1992
 
75-56-9...  Propylene oxide                           50 FR 48762, 11/27/85          Dec,21, 1992
 
78-87-5...  1,2-Dichloropropane                       52 FR 37138, 10/5/87           April 17, 1995
 
79-94-7...  Tetrabromobisphenol-A                     52 FR 25219, 7/6/87            Aug 24, 1994
 
80-05-7...  Bisphenol A                               51 FR 33047, 9/18/86           April 6, 1993
 
84-65-1...  Anthraquinone                             52 FR 21018, 6/4/87            Aug 21,1994
 
87-61-6...  1,2,3-trichlorobenzene                    51 FR 11728,4/7/86             Nov 13, 1993
 
88-74-4...  2-nitroaniline                            53 FR 31804, 8/19/88           Sept 19, 1994
 
92-52-4...  1,1-Biphenyl                              50 FR 37182, 9/12/85           March 15,1994
 
95-48-7...  Ortho-cresols AKA 2-methylphenol          51 FR 15771, 4/28/86           Dec. 6, 1994
 
95-50-1...  1,2-dichlorobenzene                       51 FR 24657, 7/8/86            April 27, 1994
 
95-51-2...  2-chloroaniline                           53 FR 31804, 8/19/88           Sept 6, 1994
 
95-76-1...  3,4-dichloroaniline                       53 FR 31804, 8/19/88           Oct 2, 1994
 
95-94-3...  1,2,4,5-tetrachlorobenzene                51 FR 24657,7/8/86             April 27, 1994
 
97-02-9...  2,4-dinitroaniline                        53 FR 31804, 8/19/88           Oct 19, 1993
 
98-82-8...  Cumene                                    53 FR 28195, 7/27/88           March 11, 1995
 
99-30-9...  2,6-dichloro-4-nitroaniline               53 FR 31804, 8/19/88           Aug 6, 1994
 
100-01-6..  4-nitroaniline                            53 FR 31804, 8/19/88           Sept 19, 1994
 
106-44-5..  Para-cresols AKA 4-methylphenol           51 FR 15771, 4/28/86           Dec. 6, 1994
 
106-46-7..  1,4-dichlorobenzene                       51 FR 24657, 7/8/86            Jan 22, 1994
 
106-47-8..  4-chloroaniline                           53 FR 31804, 8/19/88           Oct 19, 1993
 
108-39-4..  Meta-cresols AKA 3-methylphenol           51 FR 15771, 4/28/86           Dec. 6, 1994
 
108-90-7..  Monochlorobenzene                         51 FR 24657, 7/8/86            Nov 13, 1991
 
112-90-3..  Oleylamine                                52 FR 31962, 8/24/87           Nov 28, 1994
 
116-14-3..  Tetrafluoroethene                         52 FR 21516, 6/8/87            May 19, 1993
 
116-15-4..  Hexafluoropropene                         52 FR 21516, 6/8/87            Jan 22, 1994
 
123-31-9..  Hydroquinone                              50 FR 53145, 12/30/85          Dec. 11, 1994
 
149-57-5..  2-Ethylhexanoic Acid                      51 FR 40318, 11/6/86           June 19, 1993
 
328-84-7..  3,4-Dichlorobenzotrifluoride              52 FR 23547, 6/23/87           Dec. 5, 1993
 
25550-98-5  Diisodecyl Phenyl Phosphite               54 FR 8112, 2/24/89            May 21, 1995
----------------------------------------------------------------------------------------------------------------
\1\ Only substances obtained from the reforming of crude petroleum.


[60 FR 31923, June 19, 1995]



Sec. 799.19  Chemical imports and exports.

    Persons who export or who intend to export substances listed in 
subpart B or subpart C of this part are subject to the requirements of 
part 707 of this title.

[51 FR 23718, June 30, 1986]



                 Subpart B--Specific Chemical Test Rules



Sec. 799.1053  Trichlorobenzenes.

    (a) Identification of testing substance. (1) 1,2,3- and 1,2,4-
trichlorobenzenes, CAS Numbers 87-61-6 and 120-82-1 respectively, shall 
be tested in accordance with this section.
    (2) The substances identified in paragraph (a)(1) of this section 
shall be 99 percent pure and shall be used as the test substances in 
each of the tests specified.

[[Page 229]]

    (3) For health effects testing required under paragraph (e) of this 
section, the test substance shall not contain more than 0.05 percent 
benzene and 0.05 percent hexachlorobenzene.
    (b) Persons required to submit study plans, conduct tests, and 
submit data. (1) All persons who manufacture or process substances 
identified in paragraph (a)(1) of this section, other than an impurity, 
from May 21, 1986, to the end of the reimbursement period, shall submit 
a letter of intent to test or exemption applications and shall conduct 
tests, in accordance with part 792 of this chapter, and submit data as 
specified in this section, subpart A of this part and part 790 of this 
chapter for two-phase rulemaking.
    (2) Persons subject to this section are not subject to the 
requirements of Sec. 790.50(a) (2), (5), (6) and (b) and 
Sec. 790.87(a)(1)(ii) of this chapter.
    (3) Persons who notify EPA of their intent to conduct tests in 
compliance with the requirements of this section must submit plans for 
those tests no later than 30 days before the initiation of each of those 
tests.
    (4) In addition to the requirements of Sec. 790.87(a)(2) and (3) of 
this chapter, EPA will conditionally approve exemption applications for 
this rule if EPA has received a letter of intent to conduct the testing 
from which exemption is sought and EPA has adopted test standards and 
schedules in a final Phase II test rule.
    (5) For health effects testing required under paragraph (e) of this 
section, all persons who manufacture (import) or process 1,2,4-
trichlorobenzene, other than as an impurity, after the effective date of 
this rule (August 21, 1986) to the end of the reimbursement period shall 
submit letters of intent to conduct testing or exemption applications, 
submit study plans, conduct tests, and submit data as specified in this 
section, subpart A of this part, and parts 790 and 792 of this chapter 
for single-phase rulemaking.
    (c) [Reserved]
    (d) Environmental effects testing. 1,2,3- and 1,2,4-
trichlorobenzenes shall be tested in accordance with this section.
    (1) Marine invertebrate acute toxicity testing--(i) Required 
testing. Testing using measured concentrations, flow through or static 
renewal systems, and systems that control for evaporation of the test 
substance, shall be conducted for 1,2,3- and 1,2,4-trichlorobenzenes. 
Testing shall be conducted with mysid shrimp (Mysidopis bahia) to 
develop data on the acute toxicity of the above chlorobenzene isomers to 
marine invertebrates.
    (ii) Test standards. The marine invertebrate (mysid shrimp, 
Mysidopis bahia) acute toxicity testing for 1,2,3- and 1,2,4-
trichlorobenzenes shall be conducted in accordance with Sec. 797.1930 of 
this chapter.
    (iii) Reporting requirements. (A) The acute toxicity tests on marine 
invertebrates shall be completed and the final report submitted to EPA 
within 1 year of the effective date of the final Phase II test rule.
    (B) An interim progress report shall be submitted to the Agency 
within 6 months after the effective date of the final Phase II rule.
    (2) Marine fish acute toxicity testing--(i) Required testing. 
Testing using measured concentrations, flow through systems, and systems 
that control for evaporation of the test substance shall be conducted 
for 1,2,3-trichlorobenzene. Testing shall be conducted with Silversides 
(Menidia menidia) to develop data on the acute toxicity of 1,2,3-
trichlorobenzene to saltwater fish.
    (ii) Test standard. The marine fish (silverside minnow, Menida 
menidia) acute toxicity test shall be conducted for 1,2,3-
trichlorobenzene in accordance with Sec. 797.1400 of this chapter.
    (iii) Reporting requirements. (A) The marine fish (silversides 
minnow, Menidia menidia) acute toxicity test shall be completed and the 
final results submitted within 1 year of the effective date of the Phase 
II final test rule.
    (B) An interim progress report shall be submitted to EPA 6 months 
after the effective date of the final Phase II rule.
    (3) Freshwater fish acute toxicity testing--(i) Required testing. 
Testing using measured concentrations, flow through systems, and systems 
that control evaporation of the test substance shall be conducted for 
1,2,3-trichlorobenzene. A 96-hour LC50 test shall be conducted with the 
fathead minnow (Pimephales promelas) to develop data on the acute

[[Page 230]]

toxicity of 1,2,3-trichlorobenzene to freshwater fish.
    (ii) Test standard. The freshwater fish (fathead minnow, Pimephales 
promelas) acute toxicity test shall be conducted for 1,2,3-
trichlorobenzene in accordance with Sec. 797.1400 of this chapter.
    (iii) Reporting requirements. (A) The freshwater fish acute toxicity 
study shall be completed and the final report submitted to EPA within 1 
year of the effective date of the final Phase II test rule.
    (B) An interim progress report shall be submitted to EPA 6 months 
after the effective date of the final Phase II rule.
    (4) Freshwater invertebrate acute toxicity testing--(i) Required 
testing. Testing using measured concentrations, flow through or static 
renewal systems, and systems that control for evaporation of the test 
substance shall be conducted for 1,2,3-trichlorobenzene. A 96-hour EC50 
shall be conducted for one species of Grammarus to develop data on the 
acute toxicity of 1,2,3-trichlorobenzene to aquatic freshwater 
invertebrates.
    (ii) Test standard. The freshwater invertebrate (Gammarus sp.) acute 
toxicity test shall be conducted for 1,2,3-trichlorobenzene in 
accordance with Sec. 795.120 of this chapter.
    (iii) Reporting requirements. (A) The freshwater invertebrate acute 
toxicity test shall be completed and the final report submitted to EPA 
within 411 days of the effective date of the final Phase II rule.
    (B) An interim progress report shall be submitted to EPA 6 months 
after the effective date of the final Phase II rule.
    (5) Mysid shrimp chronic toxicity testing--(i) Required testing. 
Testing using measured concentrations, flow through or static renewal 
systems, and systems that control for evaporation of the test substance 
shall be conducted for 1,2,4-trichlorobenzene. Testing shall be 
conducted with mysid shrimp (Mysidopsis bahia) to develop data on the 
chronic toxicity of 1,2,3-trichlorobenzene, should the acute LC50 of 
this chemical to mysid shrimp be determined to be less than 1 ppm.
    (ii) Test standards. The mysid shrimp (Mysidopis bahia) chronic 
toxicity test shall be conducted for 1,2,4-trichlorobenzene in 
accordance with Sec. 797.1950 of this chapter. Testing shall also be 
conducted according to Sec. 797.1950 for 1,2,3-trichlorobenzene should 
the results of testing required by (d)(1)(ii) of this section yield an 
acute LC50 for this chemical substance of less than 1 ppm.
    (iii) Reporting requirements. (A) The mysid shrimp chronic toxicity 
test for 1,2,4-trichlorobenzene shall be completed and the final report 
submitted to EPA within 1 year of the effective date of the final Phase 
II rule. The mysid shrimp chronic toxicity test for 1,2,3-
trichlorobenzene, (required if the LC50 is less than 1 ppm), shall be 
completed and final report submitted to EPA within 15 months of the 
effective date of the final Phase II rule.
    (B) Progress reports shall be submitted to EPA at 6-month intervals, 
beginning 6 months after of the effective date of the final Phase II 
rule and until the final report is submitted to EPA.
    (e) Health effects testing--(1) Oncogenicity--(i) Required testing. 
(A) A test for oncogenic effects shall be conducted with 1,2,4-TCB in 
accordance with Sec. 798.3300 of this chapter.
    (B) The route of administration for the oncogenicity testing for 
1,2,4-TCB shall be via the animal feed.
    (C) Two rodent species shall be used and one shall be the Fischer-
344 rat.
    (ii) Reporting requirements. (A) The oncogenicity test shall be 
completed and the final results submitted to EPA by June 30, 1994.
    (B) Progress reports shall be submitted to the Agency every 6 months 
after the effective date of the final rule.
    (2) [Reserved]
    (f) [Reserved]
    (g) Effective date. (1) The effective date of the final phase II 
rule is August 14, 1987, except for paragraphs (d)(4)(iii)(A) and 
(e)(1)(ii)(A) of this section. The effective date for paragraph 
(d)(4)(iii)(A) of this section is March 1, 1990. The effective date for 
paragraph (e)(1)(ii)(A) of this section is June 12, 1992.

[[Page 231]]

    (2) The guidelines and other test methods cited in this rule are 
referenced as they exist on the effective date of the final rule.

[51 FR 11737, Apr. 7, 1986; 51 FR 18444, May 20, 1986, as amended at 51 
FR 24667, July 8, 1986; 52 FR 24465, July 1, 1987; 55 FR 7327, Mar. 1, 
1990; 57 FR 24960, June 12, 1992; 57 FR 27845, June 22, 1992; 58 FR 
34205, June 23, 1993]



Sec. 799.1560  Diethylene glycol butyl ether and diethylene glycol butyl ether acetate.

    (a) Identification of test substances. (1) Diethylene glycol butyl 
ether (DGBE), CAS Number 112-34-5, and diethylene glycol butyl ether 
acetate (DGBA), CAS Number 124-17-4, shall be tested in accordance with 
this section.
    (2) DGBE of at least 95 percent purity and DGBA of at least 95 
percent purity shall be used as the test substances.
    (b) Persons required to submit study plans, conduct tests, and 
submit data. All persons who manufacture (including import) or process 
or intend to manufacture or process DGBE and/or DGBA, other than as an 
impurity, after April 11, 1988, to the end of the reimbursement period 
shall submit letters of intent to conduct testing, submit study plans 
and conduct tests, and submit data, or submit exemption applications as 
specified in this section, subpart A of this part, and parts 790 and 792 
of this chapter for single-phase rulemaking. Persons who manufacture or 
process DGBE are subject to the requirements to test DGBE in this 
section. Only persons who manufacture or process DGBA are subject to the 
requirements to test DGBA in this section.
    (c) Health effects testing--(1) Subchronic toxicity--(i) Required 
testing. (A) A 90-day subchronic toxicity test of DGBE shall be 
conducted in rats by dermal application in accordance with Sec. 798.2250 
of this chapter except for the provisions in paragraphs (e)(9)(iv), 
(10)(i)(A) and (ii)(B), (11) (ii) and (iii), and (12)(i) of 
Sec. 798.2250.
    (B) For the purpose of this section, the following provisions also 
apply:
    (1) A satellite group to evaluate fertility shall be established. 
Control males shall be cohabited with control females, and males and 
females administered the high dose shall be cohabited. Endpoints to be 
evaluated shall include percent mated; percent pregnant; length of 
gestation; litter size; viability at birth, on Day 4, and weaning, on 
Day 21; sex of the offspring; and litter weights at birth and Days 4, 7, 
14, and 21. Litters shall be standardized on day 4 in accordance with 
the reproductive and fertility effects guideline, 
Sec. 798.4700(c)(6)(iv) of this chapter. Gross examinations shall be 
made at least once each day and physical or behavioral anomalies in the 
dam or offspring shall be recorded. At weaning, dams shall be sacrificed 
and examined for resorption sites indicative of post-implantation loss. 
An additional 20 males and 40 females will have to be added to the 
subchronic study for this test. If the animals in the high dose group 
exhibit marked toxicity (e.g. greater than 20 percent weight loss), then 
the fertility tests shall be conducted in the next highest dose group.
    (2) Cage-side observations shall include, but not be limited to, 
changes in skin and fur; eyes and mucous membranes; respiratory, 
circulatory autonomic, and central nervous systems; somatomotor 
activity; and behavior pattern. In addition a daily examination for 
hematuria shall be done.
    (3) Certain hematology determinations shall be carried out at least 
three times during the test period: Just prior to initiation of dosing 
(baseline data), after approximately 30 days on test, and just prior to 
terminal sacrifice at the end of the test period. Hematology 
determinations which are appropriate to all studies: Hematocrit, 
hemoglobin concentration, erythrocyte count, total and differential 
leucocyte count, mean corpuscular volume, and a platelet count.
    (4) Urinalyses shall be done at least three times during the test 
period: Just prior to initiation of dosing (baseline data), after 
approximately 30 days into the test, and just prior to terminal 
sacrifice at the end of the test period. The animals shall be kept in 
metabolism cages, and the urine shall be examined microscopically for 
the presence of erythrocytes and renal tubular cells, in addition to 
measurement of urine volume, specific gravity, glucose, protein/albumin, 
and blood.

[[Page 232]]

    (5) The liver, kidney, adrenals, brain, gonads, prostate gland, 
epididymides, seminal vesicles, and pituitary gland shall be weighed 
wet, as soon as possible after dissection, to avoid drying.
    (6) The following organs and tissues, or representative samples 
thereof, shall be preserved in a suitable medium for possible future 
histopathological examination: All gross lesions; lungs--which should be 
removed intact, weighed, and treated with a suitable fixative to ensure 
that lung structure is maintained (perfusion with the fixative is 
considered to be an effective procedure); nasopharyngeal tissues; 
brain--including sections of medulla/pons, cerebellar cortex, and 
cerebral cortex; pituitary; thyroid/parathyroid; thymus; trachea; heart; 
sternum with bone marrow; salivary glands; liver; spleen; kidneys; 
adrenals; pancreas; gonads; uterus; oviducts; vagina; vas deferens; 
accessory genital organs (epididymis, prostate, and, if present, seminal 
vesicles); aorta; (skin); gall bladder (if present); esophagus; stomach; 
duodenum; jejunum; ileum; cecum; colon; rectum; urinary bladder; 
representative lymph node; (mammary gland); (thigh musculature); 
peripheral nerve; (eyes); (femur--including articular surface); (spinal 
cord at three levels--cervical, midthoracic, and lumbar); and (zymbal 
and exorbital lachrymal glands).
    (7) (i) Full histopathology on normal and treated skin and on organs 
and tissues listed in paragraph (c)(1)(i)(B)(6) of this section, as well 
as the accessory genital organs (epididymides, prostate, seminal 
vesicles) and the vagina, of all animals in the control and high dose 
groups.
    (ii) The integrity of the various cell stages of spermatogenesis 
shall be determined, with particular attention directed toward achieving 
optimal quality in the fixation and embedding; preparations of 
testicular and associated reproductive organ samples for histology 
should follow the recommendations of Lamb and Chapin (1985) under 
paragraph (d)(1) of this section, or an equivalent procedure. 
Histological analyses shall include evaluations of the spermatogenic 
cycle, i.e., the presence and integrity of the 14 cell stages. These 
evaluations should follow the guidance provided by Clermont and Perey 
(1957) under paragraph (d)(2) of this section. Information shall also be 
provided regarding the nature and level of lesions observed in control 
animals for comparative purposes.
    (iii) Data on female cyclicity shall be obtained by performing 
vaginal cytology over the last 2 weeks of dosing; the cell staging 
technique of Sadleir (1978) and the vaginal smear method in Hafez (1970) 
under paragraphs (d) (3) and (7) of this section or equivalent methods 
should be used. Data should be provided on whether the animal is cycling 
and the cycle length.
    (iv) The ovary shall be serially sectioned with a sufficient number 
of sections examined to adequately detail oocyte and follicular 
morphology. The methods of Mattison and Thorgiersson (1979) and Pederson 
and Peters (1968) under paragraphs (d) (4) and (5) of this section may 
provide guidance. The strategy for sectioning and evaluation is left to 
the discretion of the investigator, but shall be described in detail in 
the study plan and final report. The nature and background level of 
lesions in control tissue shall also be noted.
    (ii) Reporting requirements. (A) The subchronic test shall be 
completed and the final report submitted to EPA within 15 months of the 
effective date of the final test rule.
    (B) Progress reports shall be submitted to EPA every 6 months, 
beginning 6 months from the effective date of the final rule until 
submission of the final report to EPA.
    (2) Neurotoxicity/behavioral effects--(i) Required testing--(A) (1) 
Functional observational battery. A functional observational battery 
shall be performed in the rat by dermal application of DGBE for a period 
of 90 days according to Sec. 798.6050 of this chapter except for the 
provisions in paragraphs (b)(1), (d)(4)(ii), (5), and (8)(ii)(E) of 
Sec. 798.6050.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Definition. Neurotoxicity is any adverse acute and/or lasting 
effect on the structure or function of the central and/or peripheral 
nervous system related to exposure to a chemical substance.
    (ii) Lower doses. The data from the lower doses shall show either 
graded dose-dependent effects in at least two

[[Page 233]]

of all the doses tested including the highest dose, or no neurotoxic 
(behavioral) effects at any dose tested.
    (iii) Duration and frequency of exposure. Animals shall be exposed 
for 6 hours/day, 5 days/week for a 90-day period.
    (iv) Sensory function. A simple assessment of sensory function 
(vision, audition, pain perception) shall be made. Marshall et al. 
(1971) in Sec. 798.6050(f)(8) of this chapter have described a 
neurologic exam for this purpose; these procedures are also discussed by 
Deuel (1977), under Sec. 798.6050(f)(4) of this chapter. Irwin (1968) 
under Sec. 798.6050(f)(7) of this chapter described a number of reflex 
tests intended to detect gross sensory deficits. Many procedures have 
been developed for assessing pain perception (e.g., Ankier (1974) under 
Sec. 798.6050(f)(1); D'Amour and Smith (1941) under Sec. 798.6050(f)(3); 
and Evans (1971) under Sec. 798.6050(f)(6) of this chapter.
    (B)(1) Motor activity. A motor activity test shall be conducted in 
the rat by dermal application of DGBE for a period of 90 days according 
to Sec. 798.6200 of this chapter except for the provisions in paragraphs 
(c), (d)(3)(ii), (4)(ii), (5), (8)(i), and (iii) of Sec. 798.6200.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Principle of the test method. The test substance is administered 
to several groups of experimental animals, one dose being used per 
group. Measurements of motor activity are made. Where possible, the 
exposure levels at which significant changes in motor activity are 
produced are compared to those levels which produce toxic effects not 
originating in the central and/or peripheral nervous system.
    (ii) Positive control data. Positive control data are required to 
document the sensitivity of the activity measuring device and testing 
procedure. These data should demonstrate the ability to detect increases 
or decreases in activity and to generate a dose-effect curve or its 
equivalent using three values of the dose or equivalent independent 
variable. A single administration of the dose (or equivalent) is 
sufficient. It is recommended that chemical exposure be used to collect 
positive control data. Positive control data shall be collected at the 
time of the test study unless the laboratory can demonstrate the 
adequacy of historical data for this purpose.
    (iii) Lower doses. The data from the lower doses shall show either 
graded dose-dependent effects in at least two of all the doses tested 
including the highest dose, or no neurotoxic (behavioral) effects at any 
dose tested.
    (iv) Duration and frequency of exposure. Animals shall be exposed 
for 6 hours/day, 5 days/week for a 90-day period.
    (v) General. Motor activity shall be monitored by an automated 
activity recording apparatus. The device used shall be capable of 
detecting both increases and decreases in activity, i.e. baseline 
activity as measured by the device shall not be so low as to preclude 
decreases nor so high as to preclude increases. Each device shall be 
tested by a standard procedure to ensure, to the extent possible, 
reliability of operation across devices and across days for any one 
device. In addition, treatment groups shall be balanced across devices. 
Each animal shall be tested individually. The test session shall be long 
enough for motor activity to approach asymptotic levels by the last 20 
percent of the session for most treatments and for the session control 
animals. All sessions should be of the same duration. Treatment groups 
shall be counter-balanced across test times. Effort should be made to 
ensure that variations in the test conditions are minimal and are not 
systematically related to treatment. Among the variables which can 
affect motor activity are sound level, size and shape of the test cage, 
temperature, relative humidity, lighting conditions, odors, use of home 
cage or novel test cage, and environmental distractions. Tests shall be 
executed by an appropriately trained individual.
    (vi) Subchronic. All animals shall be tested prior to initiation of 
exposure and at 304, 604, and 904 
days during the exposure period. Testing shall occur prior to the daily 
exposure. Animals shall be weighed on each test day and at least once 
weekly during the exposure period.
    (C)(1) Neuropathology. A neuropathology test shall be conducted

[[Page 234]]

in the rat by dermal application of DGBE for a period of 90 days 
according to Sec. 798.6400 of this chapter except for the provisions in 
paragraphs (d)(4)(ii), (5), (8)(iv)(C), and (E)(2) of Sec. 798.6400.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Lower doses. The data from the lower doses shall show either 
graded dose-dependent effects in at least two of all the doses tested 
including the highest dose, or no neurotoxic (behavioral) effects at any 
dose tested.
    (ii) Duration and frequency of exposure. Animals shall be exposed 
for 6 hours/day, 5 days/week for a 90-day period.
    (iii) Clearing and embedding. After dehydration, tissue specimens 
shall be cleared with xylene and embedded in paraffin or paraplast 
except for the sural nerve which should be embedded in plastic. Multiple 
tissue specimens (e.g. brain, cord, ganglia) may be embedded together in 
one single block for sectioning. All tissue blocks shall be labeled to 
provide unequivocal identification. A method for plastic embedding is 
described by Spencer et al. in paragraph (d)(6) of this section.
    (iv) Special stains. Based on the results of the general staining, 
selected sites and cellular components shall be further evaluated by the 
use of specific techniques. If hematoxylin and eosin screening does not 
provide such information, a battery of stains shall be used to assess 
the following components in all appropriate required samples: Neuronal 
body (e.g., Einarson's gallocyanin), axon (e.g., Bodian), myelin sheath 
(e.g., Kluver's Luxol Fast Blue), and neurofibrils (e.g., Bielchosky). 
In addition, peripheral nerve fiber teasing may be used. Detailed 
staining methodology is available in standard histotechnological manuals 
such as Armed Forces Institute of Pathology (AFIP) (1968) under 
Sec. 798.6400(f)(1), Ralis et al. (1973) under Sec. 798.6400(f)(5), and 
Chang (1979) under Sec. 798.6400(f)(2) of this chapter. The nerve fiber 
teasing technique is discussed in Spencer and Schaumberg (1980) under 
Sec. 798.6400(f)(6) of this chapter. A section of normal tissue shall be 
included in each staining to assure that adequate staining has occurred. 
Any changes shall be noted and representative photographs shall be 
taken. If a lesion(s) is observed, the special techniques shall be 
repeated in the next lower treatment group until no further lesion is 
detectable.
    (ii) Reporting requirements. (A) The neurotoxicity/behavioral tests 
required under paragraph (c)(2) of this section shall be completed and 
the final reports submitted to EPA within 17 months of the effective 
date of the final rule.
    (B) Interim progress reports shall be submitted to EPA at 6-month 
intervals, beginning 6 months from the effective date of the final rule 
until submission of the applicable final report to EPA.
    (3) Developmental neurotoxicity--(i) Required testing. A 
developmental neurotoxicity test of DGBE shall be conducted after a 
public program review of the Tier I data from the functional 
observational battery, motor activity, and neuropathology tests in 
paragraph (c)(2) of this section, and the reproductive tests in 
paragraph (c)(1) of this section, and if EPA issues a Federal Register 
notice or sends a certified letter to the test sponsor specifying that 
the testing shall be initiated. The test shall be performed in rats in 
accordance with Sec. 795.250 of this chapter.
    (ii) Reporting requirements. (A) The developmental neurotoxicity 
test shall be completed and the final report submitted to EPA within 15 
months of EPA's notification of the test sponsor by certified letter or 
Federal Register notice under paragraph (c)(3)(i) of this section that 
the testing shall be initiated.
    (B) Progress reports shall be submitted to EPA every 6 months, 
beginning 6 months after the date of notification that the testing shall 
be initiated, until submission of the final report to EPA.
    (4) Pharmacokinetics--(i) Required testing. (A) Pharmacokinetics 
testing of DGBE and DGBA will be conducted in rats by the dermal route 
of administration in accordance with Sec. 795.225 of this chapter, 
except for the provisions in paragraphs (b) (1)(ii) and (3)(i) of 
Sec. 795.225.
    (B) For the purpose of this section, the following provisions also 
apply:
    (1) Animals. Adult male and female Sprague Dawley rats shall be 
used. The

[[Page 235]]

rats shall be 7 to 8 weeks old and weigh 180 to 220 grams. Prior to 
testing, the animals shall be selected at random for each group. Animals 
showing signs of ill health shall not be used.
    (2) Observation of animals--Urinary and fecal excretion. The 
quantities of \14\C excreted in urine and feces by rats dosed as 
specified in paragraph (b)(2)(iv) of Sec. 795.225 shall be determined at 
8, 24, 48, 72, and 96 hours after dosing, and if necessary, daily 
thereafter until at least 90 percent of the dose has been excreted or 
until 7 days after dosing (whichever occurs first). Four animals per sex 
per dose group shall be used for this purpose.
    (ii) Reporting requirements. (A) The pharmacokinetics tests shall be 
completed and the final reports submitted to EPA within 8 months of the 
effective date of the final amendment.
    (B) A progress report shall be submitted to EPA 6 months from the 
effective date of the final amendment.
    (d) References. For additional background information the following 
references should be consulted:
    (1) Lamb, J.C. and Chapin, R.E. ``Experimental models of male 
reproductive toxicology.'' In: ``Endocrine Toxicology.'' Thomas, J.A., 
Korach, K.S., and McLachlan, J.A., eds. New York, NY: Raven Press. pp. 
85-115. (1985).
    (2) Clermont, Y. and Perey, B. ``Quantitative study of the cell 
population of the seminiferous tubules in immature rats.'' American 
Journal of Anatomy. 100:241-267. (1957).
    (3) Sadleir, R.M.F.S. ``Cycles and seasons.'' In: ``Reproduction in 
Mammals: I. Germ Cells and Fertilization.'' Austin, C.R. and Short, 
R.V., eds. New York, NY: Cambridge Press. Chapter 4. (1978).
    (4) Mattison, D.R. and Thorgiersson, S.S. ``Ovarian aryl hydrocarbon 
hydroxylase activity and primordial oocyte toxicity of polycyclic 
aromatic hydrocarbons in mice.'' Cancer Research. 39:3471-3475. (1979).
    (5) Pederson, T. and Peters, H. ``Proposal for classification of 
oocytes and follicles in the mouse ovary. Journal of Reproduction and 
Fertility. 17:555-557. (1968).
    (6) Spencer, P.S., Bischoff, M.C., and Schaumburg, H.H. 
``Neuropathological methods for the detection of neurotoxic disease.'' 
In: ``Experimental and Clinical Neurotoxicology.'' Spencer, P.S. and 
Schaumburg, H.H., eds. Baltimore, MD: Williams & Wilkins, pp. 743-757. 
(1980).
    (7) Hafez, E.S., ed., ``Reproduction and Breeding Techniques for 
Laboratory Animals.'' Chapter 10. Philadelphia: Lea & Febiger (1970).
    (e) Effective date. (1) The effective date of the final rule is 
April 11, 1988, except for paragraph (c)(2)(ii)(A) of this section. The 
effective date for paragraph (c)(2)(ii)(A) of this section is March 1, 
1990. The effective date for paragraphs (c)(4)(ii)(A) and (c)(4)(ii)(B) 
of this section is November 27, 1989.
    (2) The guidelines and other test methods cited in this rule are 
referenced as they exist on the effective date of the final rule.

[53 FR 5950, Feb. 26, 1988, as amended at 54 FR 27357, June 29, 1989; 54 
FR 41835, Oct. 12, 1989; 55 FR 7326, Mar. 1, 1990; 58 FR 34205, June 23, 
1993]



Sec. 799.1575  Diethylenetriamine (DETA).

    (a) Identification of chemical test substance. (1) 
Diethylenetriamine (CAS No. 111-40-0, also known as DETA) shall be 
tested in accordance with this part.
    (2) Diethylenetriamine of at least 99 percent purity shall be used 
as the test substances in all tests.
    (b) Persons required to submit study plans, conduct tests and submit 
data. All persons who manufacture or process diethylenetriamine from 
July 8, 1985, to the end of the reimbursement period shall submit 
letters of intent to test, exemption applications, and study plans and 
shall conduct tests and submit data as specified in this section, 
subpart A of this part and part 790 of this chapter (Test Rule 
Development and Exemption Procedures).
    (c) Health effects testing--(1) Mutagenic effects--Gene mutation--
(i) Required testing. (A) A sex-linked recessive lethal test in 
Drosophila melanogaster shall be conducted with DETA.
    (B) A mouse specific locus assay shall be conducted with DETA, if 
the sex-linked recessive lethal test in Drosophila melanogaster 
conducted pursuant to paragraph (c)(1)(i)(A) of this section produces a 
positive result.
    (ii) Test standards. (A) The testing for the sex-linked recessive 
lethal assay

[[Page 236]]

shall be conducted in accordance with the following revised EPA-approved 
modified study plan (June 19, 1986) originally submitted by the 
Diethylenetriamine Producers/Importers Alliance (DPIA): ``Sex-linked 
recessive lethal test in Drosophila melanogaster,'' with modifications 
as approved by EPA on March 9, 1987, and May 21, 1987.
    (B) The testing for the mouse visible specific locus assay shall be 
conducted in accordance with the following revised EPA-approved modified 
study plan (June 19, 1986) originally submitted by the 
Diethylenetriamine Producers/Importers Alliance (DPIA): ``Mouse specific 
locus test for visible markers.''
    (C) These revised EPA-approved modified study plans are available 
for inspection in the Non-Confidential Information Center (NCIC) (7407), 
Office of Pollution Prevention and Toxics, U.S. Environmental Protection 
Agency, Room B-607 NEM, 401 M St., SW., Washington, DC 20460, between 
the hours of 12 p.m. and 4 p.m. weekdays excluding legal holidays.
    (iii) Reporting requirements. (A) The sex-linked recessive lethal 
test of DETA in Drosophila melanogaster shall be completed and a final 
report submitted to the Agency within 14 months from the effective date 
of the final Phase II rule. Two interim progress reports shall be 
submitted at 6-month intervals, the first of which is due within 6 
months of the effective date of the final Phase II rule.
    (B) If required pursuant to paragraph (c)(1)(i)(B) of this section, 
the mouse specific locus test of DETA for visible markers shall be 
completed and a final report submitted to the Agency within 48 months 
from the designated date contained in EPA's notification of the test 
sponsor by certified letter or Federal Register notice that testing 
should be initiated. Seven interim progress reports shall be submitted 
at 6-month intervals, the first of which is due within 6 months of EPA's 
designated date.
    (2) Mutagenic effects--Chromosomal aberrations--(i) Required 
testing. (A) An in vitro cytogenetics test shall be conducted with DETA.
    (B) An in vivo cytogenetics test shall be conducted with DETA, if 
the in vitro cytogenetics test conducted pursuant to paragraph 
(c)(2)(i)(A) of this section produces a negative result.
    (C) A dominant lethal assay shall be conducted with DETA, if either 
the in vitro cytogenetics test conducted pursuant to paragraph 
(c)(2)(i)(A) of this section or the in vivo cytogenetics test conducted 
pursuant to paragraph (c)(2)(i)(B) of this section produces a positive 
result.
    (D) A heritable translocation assay shall be conducted with DETA, if 
the dominant lethal assay conducted pursuant to paragraph (c)(2)(i)(C) 
of this section produces a positive result.
    (ii) Test standards. (A) The testing for cytogenetic effects shall 
be conducted in accordance with the following revised EPA-approved 
modified study plan (June 19, 1986) originally submitted by the 
Diethylenetriamine Producers/Importers Alliance (DPIA): ``In vitro 
cytogenetics test'' and ``In vivo cytogenetics test,'' with 
modifications as approved by EPA on March 9, 1987, and May 21, 1987.
    (B) Other testing for cytogenetic effects shall be conducted in 
accordance with the following revised EPA-approved modified study plans 
(June 19, 1986) originally submitted by the Diethylenetriamine 
Producers/Importers Alliance (DPIA): ``Dominant lethal assay of 
diethylenetriamine in CD rats,'' and ``Heritable translocation of 
diethylenetriamine in CD-1 mice.''
    (C) These revised EPA-approved modified study plans are available 
for inspection in the Non-Confidential Information Center (NCIC) (7407), 
Office of Pollution Prevention and Toxics, U.S. Environmental Protection 
Agency, Room B- 607 NEM, 401 M St., SW., Washington, DC 20460, between 
the hours of 12 p.m. and 4 p.m. weekdays excluding legal holidays.
    (iii) Reporting requirements. (A) The in vitro cytogenetics testing 
of DETA shall be completed and a final report submitted to the Agency 
within 6 months of the effective date of the final Phase II rule.
    (B) If required pursuant to paragraph (c)(2)(i)(B) of this section, 
the in vivo cytogenetics testing of DETA shall be completed and final 
report submitted

[[Page 237]]

to the Agency within 14 months of the effective date of the final Phase 
II rule. One interim progress report shall be submitted within 12 months 
of the final rule's effective date.
    (C) If required pursuant to paragraph (c)(2)(i)(C) of this section, 
the dominant lethal testing of DETA shall be completed and a final 
report submitted to the Agency within 20 months of the effective date of 
the final Phase II rule.
    (D) If required pursuant to paragraph (c)(2)(i)(D) of this section, 
the heritable translocation testing of DETA shall be completed and a 
final report submitted to the Agency within 18 months of the designated 
date contained in EPA's notification of the test sponsor by certified 
letter or Federal Register notice that testing should be initiated. Two 
interim progress reports shall be submitted at 6-month intervals, the 
first of which is due within 6 months of EPA's designated date.
    (3) Subchronic effects--(i) Required testing. A ninety-day oral 
subchronic toxicity test shall be conducted with DETA in at least one 
mammalian species.
    (ii) Test standard. The testing shall be conducted in accordance 
with the following revised EPA-approved modified study plans (June 19, 
1986) originally submitted by the Diethylenetriamine Producers/Importers 
Alliance (DPIA): ``Ninety-Day (subchronic) dietary toxicity study with 
diethylenetriamine in albino rats,'' with modifications approved by EPA 
on March 9, 1987, and May 21, 1987. This revised EPA-approved modified 
study plans is available for inspection in the Non-Confidential 
Information Center (NCIC) (7407), Office of Pollution Prevention and 
Toxics, U.S. Environmental Protection Agency, Room B-607 NEM, 401 M St., 
SW., Washington, DC 20460, between the hours of 12 p.m. and 4 p.m. 
weekdays excluding legal holidays.
    (iii) Reporting requirements. The testing shall be completed and a 
final report submitted to the Agency within 15 months of the effective 
date of the final Phase II rule. Two interim progress reports shall be 
submitted at 6-month intervals, the first of which is due within 6 
months of the effective date of the final Phase II rule.
    (d) Chemical fate testing--(1) Required testing. Testing to assess 
N-nitrosamine formation, resulting from aerobic biological and/or 
chemical transformation, shall be conducted with DETA using 
environmental samples of lake water, sewage, and soil.
    (2) Test standard. The testing shall be conducted in accordance with 
the following revised EPA-approved modified study plan (June 7, 1990) 
originally submitted by the Diethylenetriamine Producers/Importers 
Alliance (DPIA): ``Modified Final Copy (04-17-90); Diethylenetriamine: 
Environmental Fate in Sewage, Lake Water and Soil''. This revised EPA-
approved modified study plans are available for inspection in the Non-
Confidential Information Center (NCIC) (7407), Office of Pollution 
Prevention and Toxics, U.S. Environmental Protection Agency, Room B-607 
NEM, 401 M St., SW., Washington, DC 20460, between the hours of 12 p.m. 
and 4 p.m. weekdays excluding legal holidays.
    (3) Reporting requirements. The testing shall be completed and a 
final report submitted to EPA within 20 months of the effective date of 
the final Phase II rule. Interim progress reports shall be submitted at 
6-month intervals, the first of which is due within 6 months of the 
effective date of the final Phase II rule.
    (e) Modifications. Persons subject to this section are not subject 
to the requirements of Sec. 790.50(a)(2)(ii) of this chapter.
    (f) Effective date. (1) The effective date of the final Phase II 
rule for diethylenetriamine is March 19, 1987, except for paragraphs 
(c)(4)(iii), (d)(2), and (d)(3) of this section. The effective date of 
paragraphs (c)(4)(iii), and (d)(3) of this section is March 1, 1990. The 
effective date for paragraph (d)(2) of this section is May 21, 1991.
    (2) The guidelines and other test methods cited in this rule are 
referenced as they exist on the effective date of the final rule.

[50 FR 21412, May 23, 1985; 50 FR 33543, Aug. 20, 1985; 51 FR 3468, Jan. 
28, 1986; 51 FR 4736, Feb. 7, 1986; 52 FR 3238, Feb. 3, 1987; 54 FR 
27356, June 29, 1989; 55 FR 3408, Feb. 1, 1990; 55 FR 7326, Mar. 1, 
1990; 56 FR 23230, May 21, 1991; 58 FR 34205, June 23, 1993; 60 FR 
34467, July 3, 1995]

[[Page 238]]



Sec. 799.1645  2-Ethylhexanol.

    (a) Identification of test substance. (1) 2-Ethylhexanol (CAS No. 
104-76-7) shall be tested in accordance with this section.
    (2) 2-Ethylhexanol of at least 99.0-percent purity shall be used as 
the test substance.
    (b) Persons required to submit study plans, conduct tests, and 
submit data. All persons who manufacture or process, or intend to 
manufacture or process 2-ethylhexanol, other than as an impurity, from 
the effective date of this final rule to the end of the reimbursement 
period shall submit letters of intent to conduct testing, submit study 
plans, conduct tests, and submit data or exemption applications as 
specified in this section, subpart A of this part, and parts 790 and 792 
of this chapter for single-phase rulemaking.
    (c) Health effects--(1) Oncogenic effects--(i) Required testing. (A) 
Oncogenicity tests shall be conducted in Fisher 344 rats and B6C3Fl mice 
by the oral route with 2-ethylhexanol in accordance with Sec. 798.3300 
of this chapter, except for the provisions in Sec. 798.3300(b)(6).
    (B) For the purpose of this section, the following provisions also 
apply to the oncogenicity tests: (1) Administration of the test 
substance. 2-Ethylhexanol shall be administered either by 
microencapsulation before adding it to the diet or by gavage.
    (2) [Reserved]
    (ii) Reporting requirements. (A) The study plan for the oncogenicity 
test shall be submitted at least 45 days before the initiation of 
testing.
    (B) The oncogenicity testing shall be completed and final report 
submitted to the Agency within 53 months of the effective date of this 
final rule if 2-ethylhexanol is administered by gavage or within 56 
months of the effective date of this final rule if administered by 
microencapsulation.
    (C) Interim progress reports shall be submitted to EPA at 6-month 
intervals beginning 6 months after the effective date of the final rule, 
until the final report is submitted to EPA.
    (2) [Reserved]
    (d) Effective date. The effective date of this final rule requiring 
oncogenicity testing of 2-ethylhexanol is September 16, 1987.

[52 FR 28704, Aug. 3, 1987, as amended at 58 FR 34205, June 23, 1993]



Sec. 799.1700  Fluoroalkenes.

    (a) Identification of test substances. (1) Vinyl fluoride (VF; CAS 
No. 75-02-5), vinylidene fluoride (VDF; CAS No. 75-38-7), 
tetrafluoroethene (TFE; CAS No. 116-14-3), and hexafluoropropene (HFP; 
CAS No. 116-15-4) shall be tested in accordance with this section.
    (2) VF, VDF, TFE, and HFP of at least 99 percent purity shall be 
used as the test substances.
    (b) Persons required to submit study plans, conduct tests and submit 
data. All persons who manufacture VF, VDF, TFE, or HFP, other than as an 
impurity, from July 22, 1987 to the end of the reimbursement period 
shall submit letters of intent to conduct testing or exemption 
applications, submit study plans, conduct tests in accordance with the 
TSCA Good Laboratory Practice Standards (40 CFR part 792), and submit 
data as specified in this section, subpart A of this part, and part 790 
of this chapter for single-phase rulemaking, for the substances they 
manufacture.
    (c) Health effects testing--(1) Mutagenic effects--Gene mutation--
(i) Required testing. (A) (1) A detection of gene mutations in somatic 
cells in culture assay shall be conducted with TFE and HFP in accordance 
with Sec. 798.5300 of this chapter except for the provisions in 
paragraphs (c), (d)(3)(i), (4), (5) and (6) and (e).
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Reference substances. No reference substance is required.
    (ii) Test method--Type of cells used in the assay. Mutation 
induction at the HPRT locus shall be measured in Chinese hamster ovary 
(CHO) cells. Cells shall be checked for Mycoplasma contamination and may 
also be checked for karyotype stability.
    (iii) Test method--Metabolic activation. Cells shall be exposed to 
the test substance only in the presence of a metabolic activation system 
for TFE, and in both the presence and absence of a metabolic activation 
system for HFP. The metabolic activation system shall

[[Page 239]]

be derived from the post-mitochondrial fraction (S-9) of livers from 
rats pretreated with Aroclor 1254.
    (iv) Test method--Control groups. Positive and negative controls 
shall be included in each experiment. In assays with metabolic 
activation, the positive control substance shall be known to require 
such activation. Nitrogen shall serve as the negative control and 
diluting gas.
    (v) Test method--Test chemicals. The test should be designed to have 
a predetermined sensitivity and power. The number of cells, cultures, 
and concentrations of test substance used should reflect these defined 
parameters. The number of cells per culture is based on the expected 
background mutant frequency; a general guide is to use a number which is 
10 times the inverse of this frequency. Several concentrations (usually 
at least four) of the test substance shall be used. These shall yield a 
concentration-related toxic effect. The highest concentration shall 
produce a low level of survival (approximately 10 percent), and the 
survival in the lowest concentration shall approximate that of the 
negative control. Cytotoxicity shall be determined after treatment with 
the test substance both in the presence and in the absence of the 
metabolic activation system.
    (vi) Test performance. Cells in treatment medium with and without 
metabolic activation shall be exposed to varying concentrations of test 
gas-air mixtures by flushing treatment flasks (or chambers) with 10 
volumes of test gas-air mixture at a rate of 500 mL/min or that rate 
which will allow complete flushing within 1 minute. In the case of a 
test chamber volume of 1.67 L, a flow rate of 10 L/min is appropriate. 
Each flask shall be closed with a cap with a rubber septum. Headspace 
samples shall be taken at the beginning and end of the exposure period 
and analyzed to determine the amount of test gas in each flask. Flasks 
shall be incubated on a rocker panel at 37  deg. C for 5 hours for tests 
with metabolic activation. For the non-activated portion of the test, 
the incubation time shall be 18 to 19 hours at 37  deg. C. At the end of 
the exposure period, cells treated with metabolic activation shall be 
washed and incubated in culture medium for 21 to 26 hours prior to 
subculturing the viability and expression of mutant phenotype. Cells 
treated without metabolic activation shall be washed and subcultured 
immediately to determine viability and to allow for expression of mutant 
phenotype. Appropriate subculture schedules (generally twice during the 
expression period) shall be used. At the end of the expression period, 
which shall be sufficient to allow near optimal phenotypic expression of 
induced mutants (generally 7 days for this cell system), cells shall be 
grown in medium with and without selective agent for determination of 
numbers of mutants and cloning efficiency, respectively. This last 
growth period is generally 7 days at 37  deg. C. Results of this test 
shall be confirmed in an independent experiment.
    (B)(1) A sex-linked recessive lethal test in Drosophila melanogaster 
shall be conducted with VDF and VF in accordance with Sec. 798.5275 of 
this chapter except for the provisions in paragraph (d)(5). This test 
shall also be performed with TFE or HFP if the somatic cells in culture 
assay conducted pursuant to paragraph (c)(1)(i)(A) of this section 
produces a positive result.
    (2) For the purposes of this section the following provisions also 
apply:
    (i) Test chemicals. It is sufficient to test a single dose of the 
test substance. This dose shall be the maximum tolerated dose or that 
which produces some indication of toxicity. Exposure shall be by 
inhalation.
    (ii) [Reserved]
    (C)(1) A mouse visible specific locus assay (MVSL) shall be 
conducted with VF, VDF, TFE, and HFP in accordance with Sec. 798.5200 of 
this chapter, except for the provisions of paragraph (d)(5) of 
Sec. 798.5200, or a mouse biochemical-specific locus assay (MBSL) shall 
be conducted with VF, VDF, TFE, and HFP in accordance with Sec. 798.5195 
of this chapter, except for the provisions of paragraph (d)(5) of 
Sec. 798.5195, for whichever of these substances produces a positive 
test result in the sex-linked recessive lethal test in Drosophila 
melanogaster conducted pursuant to paragraph (c)(1)(i)(B) of this 
section if, after a public program review, EPA issues a Federal Register 
notice or sends a

[[Page 240]]

certified letter to the test sponsor specifying that the testing shall 
be initiated.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Test chemicals. A minimum of two dose levels shall be tested. 
The highest dose tested shall be the highest dose tolerated without 
toxic effects, provided that any temporary sterility induced due to 
elimination of spermatagonia is of only moderate duration, as determined 
by a return of males to fertility within 80 days after treatment, or 
shall be the highest dose attainable. Animals shall be exposed to the 
test substance by inhalation. Exposure shall be for 6 hours a day. 
Duration of exposure shall be dependent upon accumulated total dose 
desired for each group.
    (ii) [Reserved]
    (ii) Reporting requirements. (A) Mutagenic effects-gene mutation 
tests shall be completed and the final reports shall be submitted to EPA 
as follows: Somatic cells in culture assay, within 6 months after the 
effective date of the final rule; Drosophila sex-linked recessive 
lethal, within 9 months (for VF and VDF) and within 15 months (for TFE 
and HFP) after the effective date of the final rule; MVSL or MBSL, 
within 51 months after the date of EPA's notification of the test 
sponsor by certified letter or Federal Register notice that testing 
shall be initiated.
    (B) Progress reports shall be submitted to the Agency every 6 months 
beginning 6 months after the effective date of the final rule or receipt 
of notice that testing shall be initiated.
    (2) Mutagenic effects--Chromosomal aberrations--(i) Required 
testing. (A)(1) A mouse micronucleus cytogenetics test shall be 
conducted with VDF and TFE in accordance with Sec. 798.5395 of this 
chapter except for the provisions in paragraphs (d)(5) (i), (ii), and 
(iii).
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Test method--Vehicle. No vehicle is required.
    (ii) Test method--Dose levels. Three dose levels shall be used. The 
highest dose tested shall be the maximum tolerated dose, that dose 
producing some indication of cytotoxicity (e.g., a change in the ratio 
of polychromatic to normochromatic erythrocytes, or the highest dose 
attainable).
    (iii) Test method--route of administration. Animals shall be exposed 
by inhalation with a single 6-hour exposure, with three sampling times 
between 20 and 72 hours.
    (B)(1) For each respective test substance, a dominant lethal assay 
shall be conducted with VF and HFP in accordance with Sec. 798.5450 of 
this chapter except for the provisions in paragraphs (d)(2)(i), (4) (i), 
(5) and (e). This test shall also be performed with TFE or VDF if the 
mouse micronucleus cytogenetics test conducted pursuant to paragraph 
(c)(2)(i)(A) of this section produces a positive result.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Test method--Description. For this assay, the test substance 
shall be administered by inhalation for 5 consecutive days for 6 hours 
per day.
    (ii) Test method--Concurrent controls. Concurrent positive and 
negative (vehicle) controls shall be included in each experiment.
    (iii) Test method--Test chemicals. Exposure shall be by inhalation 
for 5 consecutive days for 6 hours per day. Three dose levels shall be 
used. The highest dose shall produce signs of toxicity (e.g., slightly 
reduced fertility) or shall be the highest attainable.
    (iv) Test performance. Individual males shall be mated sequentially 
to 1 or 2 virgin females. Females shall be left with the males for at 
least the duration of one estrus cycle or alternatively until mating has 
occurred as determined by the presence of sperm in the vagina or by the 
presence of a vaginal plug. In any event, females shall be left with the 
males for no longer than 7 days. The number of matings following 
treatment shall ensure that germ cell maturation is adequately covered. 
Mating shall continue for at least 6 weeks. Females shall be sacrificed 
in the second half of pregnancy, and uterine contents shall be examined 
to determine the number of implants and live and dead embryos. The 
examination of ovaries to determine the number of corpora lutea is left 
to the discretion of the investigator.
    (C)(1) A heritable translocation assay shall be conducted with VF, 
VDF, TFE,

[[Page 241]]

or HFP in accordance with Sec. 798.5460 of this chapter except for the 
provisions of paragraphs (d)(3)(i), (5), and (e)(1), if the dominant 
lethal assay conducted for that substance pursuant to paragraph 
(c)(2)(i)(B) of this section produces a positive result and if, after a 
public program review, EPA issues a Federal Register notice or sends a 
certified letter to the test sponsor specifying that the testing shall 
be initiated.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Test method--Animal selection. The mouse shall be used as the 
test species.
    (ii) Test method. No vehicle is required. At least two dose levels 
shall be used. The highest dose level shall result in toxic effects 
(which shall not produce an incidence of fatalities which would preclude 
a meaningful evaluation) or shall be the highest dose attainable. 
Animals shall be exposed by inhalation.
    (iii) Test performance--Treatment and mating. The animals shall be 
dosed with the test substance 6 hours per day, 7 days per week over a 
period of 35 days. After treatment, each male shall be caged with 2 
untreated females for a period of 1 week. At the end of 1 week, females 
shall be separated from males and caged individually. When females give 
birth, the date of birth, litter size and sex of progeny shall be 
recorded. All male progeny shall be weaned and all female progeny shall 
be discarded.
    (ii) Reporting requirements. (A) Mutagenic effects-chromosomal 
aberration testing shall be completed and final results submitted to EPA 
after the effective date of the rule as follows: mouse micronucleus 
cytogenetics for VDF by November 22, 1988, and for TFE within 10 months 
after the effective date of the final rule; dominant lethal assay for VF 
and HFP by October 22, 1988, and for VDF and TFE within 19 months after 
the effective date of the rule; heritable translocation assay, within 25 
months after the date of EPA's notification of the test sponsor by 
certified letter or Federal Register notice that testing shall be 
initiated.
    (B) Progress reports shall be submitted to the Agency every 6 months 
beginning 6 months after the effective date of the final rule or receipt 
of notice that testing shall be initiated.
    (3) Subchronic toxicity--(i) Required Testing. (A) An inhalation 
subchronic toxicity test shall be conducted with HFP in accordance with 
the TSCA Test Guideline specified in Sec. 798.2450 of this chapter 
except for the provisions in paragraphs (d)(5), (10)(v), and 
(e)(3)(iv)(D).
    (B) For the purpose of this section the following provisions also 
apply:
    (1) Test procedures--Exposure conditions. The animals shall be 
exposed to the test substance 6 hours per day, 5 days per week for 90 
days.
    (2) Test procedures--Observation of animals. Animals shall be 
weighted weekly, and food and water consumption shall also be measured 
weekly.
    (3) Test report--Individual animal data. Food and water consumption 
data shall be reported.
    (ii) Reporting requirements. (A) The required subchronic toxicity 
test shall be completed and final results submitted to the Agency within 
18 months after the effective date of the final rule.
    (B) Progress reports shall be submitted to the Agency every 6 months 
beginning 6 months after the effective date of the final rule.
    (4) Oncogenicity--(i) Required testing. (A) (1) Oncogenicity tests 
shall be conducted in both rats and mice by inhalation with VF in 
accordance with Sec. 798.3300 of this chapter, except for the provisions 
in paragraph (b)(7)(vi) of Sec. 798.3300.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Test procedures--observations of animals. All mice of test 
groups in which survival is approximately 25 percent of mice at risk 
(approximately 25 percent of 70, or approximately 18 mice) will be 
sacrificed near the time that 25 percent survival is achieved. All mice 
surviving the 18-month test period will be sacrificed and necropsied. 
The order of sacrifice for mice at all pathological evaluations will be 
random among all exposure groups within a sex. Moribund animals should 
be removed and sacrificed when noticed.
    (ii) All rats of test groups in which survival is approximately 25 
percent of rats at risk (approximately 25 percent of 60, or 
approximately 15 rats) will be

[[Page 242]]

sacrificed near the time that 25 percent survival is achieved. All rats 
surviving the 24-month test period will be sacrificed and necropsied. 
The order of sacrifice for rats at all pathological evaluations will be 
random among all exposure groups within a sex. Moribund animals should 
be removed and sacrificed when noticed.
    (B) Oncogenicity testing shall be conducted in mice with VDF in 
accordance with Sec. 798.3300 of this chapter.
    (C) [Reserved]
    (D) Oncogenicity tests shall also be conducted by inhalation in both 
rats and mice with TFE in accordance with Sec. 798.3300 of this chapter 
if TFE yields a positive test result in any one of the following 
mutagenicity tests: The in vitro cytogenetics assay conducted pursuant 
to paragraph (c)(2)(i)(A) of this section, the mouse micronucleus 
cytogenetics assay conducted pursuant to paragraph (c)(2)(i)(B) of this 
section, the mammalian cells in culture assay conducted pursuant to 
paragraph (c)(1)(i)(A) of this section or the sex-linked recessive 
lethal assay in Drosophila melanogaster conducted pursuant to paragraph 
(c)(1)(i)(B) of this section if, after a public program review, EPA 
issues a Federal Register notice or sends a certified letter to the test 
sponsor specifying that the testing shall be initiated. Criteria for 
positive test results are established in 40 CFR 798.5375, 798.5385, 
798.5300 and 798.5275 of this chapter, respectively.
    (ii) Reporting requirements. (A) The oncogenicity testing for VDF 
shall be completed and the final results submitted to the Agency by 
March 23, 1992. The oncogenicity testing for VF shall be completed and 
the final results submitted to the Agency by July 22, 1992. For TFE and 
HFP, the oncogenicity testing shall be completed and the final results 
submitted to the Agency within 56 months after the date of EPA's 
notification of the test sponsor by certified letter or Federal Register 
notice that testing shall be initiated.
    (B) Progress reports shall be submitted every 6 months beginning 6 
months after the effective date of the final rule for VF and VDF and 
beginning 6 months after notification by certified letter or Federal 
Register notice that testing is to begin for TFE and HFP.
    (d) Effective date. (1) The effective date of the final rule is July 
22, 1987, except for paragraphs (c)(1)(i)(C)(1), (c)(1)(ii)(A), 
(c)(4)(i) and(c)(4)(ii)(A) of this section. The effective date of 
paragraphs (c)(1)(i)(C)(1) and (c)(1)(ii)(A) of this section is May 21, 
1990. The effective date of paragraphs (c)(4)(i)(A)(1) 
(c)(4)(i)(A)(2)(i), (c)(4)(i)(B) and (c)(4)(i)(D) of this section is May 
21, 1991. The effective date for paragraphs (c)(4)(i)(A)(2)(ii) and 
(c)(4)(i)(C) of this section is June 12, 1992. The effective date of 
paragraph (c)(4)(ii)(A) of this section is May 28, 1993.
    (2) The guidelines and other test methods cited in this rule are 
referenced as they exist on the effective date of the final rule.

[52 FR 21530, June 8, 1987, as amended at 52 FR 43762, Nov. 16, 1987; 54 
FR 27357, June 29, 1989; 54 FR 33148, Aug. 11, 1989; 55 FR 12643, Apr. 
5, 1990; 56 FR 23230, May 21, 1991; 57 FR 24960, June 12, 1992; 58 FR 
30992, May 28, 1993; 58 FR 34205, June 23, 1993]



Sec. 799.2155  Commercial hexane.

    (a) Identification of test substance. (1) ``Commercial hexane,'' for 
purposes of this section, is a product obtained from crude oil, natural 
gas liquids, or petroleum refinery processing in accordance with the 
American Society for Testing and Materials Designation D 1836-83 (ASTM D 
1836), consists primarily of six-carbon alkanes or cycloalkanes, and 
contains at least 40 liquid volume percent n-hexane (CAS No. 110-54-3) 
and at least 5 liquid volume percent methylcyclopentane (MCP; CAS No. 
96-37-7). ASTM D 1836, formally entitled ``Standard Specification for 
Commercial Hexanes,'' is published in 1986 Annual Book of ASTM 
Standards: Petroleum Products and Lubricants, ASTM D 1836-83, pp. 966-
967, 1986, is incorporated by reference, and is available for public 
inspection at the Office of the Federal Register, 800 North Capitol 
Street NW., suite 700, Washington, DC. This incorporation by reference 
was approved by the Director of the Office of the Federal Register in 
accordance with 5 U.S.C. 522(a) and 1 CFR part 51. This material is 
incorporated as it exists on the date of approval, and a notice of any 
change in this material will be

[[Page 243]]

published in the Federal Register. Copies of the incorporated material 
may be obtained from the Non-Confidential Information Center (NCIC) 
(7407), Office of Pollution Prevention and Toxics, U.S. Environmental 
Protection Agency, Room B-607 NEM, 401 M St., SW., Washington, DC 20460, 
between the hours of 12 p.m. and 4 p.m. weekdays excluding legal 
holidays.
    (2) The commercial hexane test substance, for purposes of this 
section, is a product which conforms to the specifications of ASTM D1836 
and contains at least 40 liquid volume percent but no more than 55 
liquid volume percent n-hexane and no less than 10 liquid volume percent 
MCP.
    (b) Persons required to submit study plans, conduct tests, and 
submit data. All persons who manufacture (including import) or process 
or intend to manufacture or process commercial hexane, as defined in 
paragraph (a)(1) of this section and other than as an impurity, from the 
effective date of the final rule to the end of the reimbursement period 
shall submit letters of intent to conduct testing, submit study plans, 
conduct tests in accordance with part 792 of this chapter, and submit 
data, or submit exemption applications, as specified in this section, 
subpart A of this part, and part 790 of this chapter for single-phase 
rulemaking. Persons who manufacture commercial hexane as a byproduct are 
covered by the requirements of this section. Notwithstanding 
Sec. 790.50(a)(1) of this chapter, persons who notify EPA of their 
intent to conduct neurotoxicity testing in compliance with paragraph 
(c)(7) of this section may submit study plans for those tests less than 
45 days before beginning testing provided that EPA receives the study 
plans before this testing begins.
    (c) Health effects testing--(1) Subchronic inhalation toxicity--(i) 
Required testing. (A) A subchronic inhalation toxicity test shall be 
conducted with commercial hexane in accordance with Sec. 798.2450 of 
this chapter except for the provisions in paragraphs (d)(4)(ii) and (5) 
of Sec. 798.2450.
    (B) For the purposes of this section, the following provisions also 
apply:
    (1) High dose level. The highest concentration should result in 
toxic effects but neither produce an incidence of fatalities which would 
prevent a meaningful evaluation nor exceed the lower explosive limit of 
commercial hexane.
    (2) Exposure conditions. Animals shall be dosed for 6 hours/day, 5 
days/week for 90 days.
    (ii) Reporting requirements. (A) The subchronic inhalation toxicity 
test shall be completed and the final report submitted to EPA within 15 
months of the effective date of the final rule.
    (B) Interim progress reports shall be submitted to EPA for the 
subchronic inhalation toxcity test at 6-month intervals beginning 6 
months after the effective date of the final rule, until the final 
report is submitted to EPA.
    (2) Oncogenicity--(i) Required testing. (A) An oncogenicity test 
shall be conducted with commercial hexane in accordance with 
Sec. 798.3300 of this chapter except for the provisions in paragraphs 
(b)(3)(ii) and (6) of Sec. 798.3300.
    (B) For the purposes of this section, the following provisions also 
apply:
    (1) High dose level. The high dose level should elicit signs of 
minimal toxicity without substantially altering the normal life span and 
should not exceed the lower explosive limit of commercial hexane.
    (2) Administration of test substance. Animals shall be exposed to 
commercial hexane by inhalation.
    (ii) Reporting requirements. (A) The oncogenicity test shall be 
completed and the final report submitted to EPA within 53 months of the 
effective date of the final rule. The mouse portion of the oncogenicity 
study shall be submitted by June 5, 1993.
    (B) Interim progress reports shall be submitted to EPA for the 
oncogenicity test at 6-month intervals beginning 6 months after the 
effective date of the final rule, until the final report is submitted to 
EPA.
    (3) Reproduction and fertility effects--(i) Required testing. (A) A 
reproduction and fertility effects test shall be conducted with 
commercial hexane in accordance with Sec. 798.4700 of this chapter 
except for the provisions in paragraphs (c)(3)(ii) and (5) of 
Sec. 798.4700.
    (B) For the purposes of this section, the following provisions also 
apply:

[[Page 244]]

    (1) High dose level. The highest dose level should induce toxicity 
but not high levels of mortality in the parental (P) animals. In 
addition, the highest dose level should not exceed the lower explosive 
limit of commercial hexane.
    (2) Administration of test substance. Animals shall be exposed to 
commercial hexane by inhalation.
    (ii) Reporting requirements. (A) The reproduction and fertility 
effects test shall be completed and the final report submitted to EPA 
within 29 months of the effective date of the final rule.
    (B) Interim progress reports shall be submitted to EPA for the 
reproduction and fertility effects test at 6-month intervals beginning 6 
months after the effective date of the final rule, until the final 
report is submitted to EPA.
    (4) Inhalation developmental toxicity--(i) Required testing. (A) An 
inhalation developmental toxicity test shall be conducted with 
commercial hexane in accordance with Sec. 795.4350 of this chapter 
except for the provisions in paragraph (e)(3)(iv) of Sec. 798.4350.
    (B) For the purposes of this section, the following provisions also 
apply:
    (1) High dose level. Unless limited by the physical/chemical nature 
or biological properties of the test substance, the highest 
concentration level shall induce some overt maternal toxicity such as 
reduced body weight or body weight gain, but not more than 10 percent 
maternal deaths. In addition, the highest dose level should not exceed 
the lower explosive limit of commercial hexane.
    (2) [Reserved]
    (ii) Reporting requirements. (A) The inhalation developmental 
toxicity test shall be completed and the final report submitted to EPA 
within 12 months of the effective date of the final rule.
    (B) Interim progress reports shall be submitted to EPA for the 
inhalation developmental toxicity test at 6-month intervals beginning 6 
months after the effective date of the final rule, until the final 
report is submitted to EPA.
    (5) Mutagenic effects--gene mutations--(i) Required testing. (A)(1) 
A Salmonella typhimurium reverse mutation assay shall be conducted with 
commercial hexane in accordance with Sec. 798.5265 of this chapter 
except for the provisions in paragraphs (d)(4) and (e) of Sec. 798.5265.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Metabolic activation. Bacteria shall be exposed to commercial 
hexane both in the presence and absence of an appropriate metabolic 
activation system.
    (ii) Test performance. The assay shall be performed using the 
desiccator method described as follows: The agar overlay plates shall be 
placed uncovered in a 9-liter desiccator. A volume of the liquid test 
substance shall be added to the glass Petri dish suspended beneath the 
porcelain shelf of the desiccator. The highest exposure concentration 
should not result in a vapor concentration which exceeds the lower 
explosive limit of commerical hexane. A magnetic stirring bar to serve 
as a fan to assure rapid and even distribution of the vapor shall be 
placed on the bottom of the inside of the desiccator. The desiccator 
shall be placed on a magnetic stirrer within a 37 deg. C room or chamber 
for 7 to 10 hours. The plates shall then be removed, their lids 
replaced, followed by incubation for an additional 40 hours at 37 deg. C 
before counting. An appropriate selective medium with an adequate 
overlay agar shall be used. All plating should be done in at least 
triplicate.
    (B)(1) A gene mutation test in mammalian cells shall be conducted 
with commercial hexane in accordance with Sec. 798.5300 of this chapter 
except for the provisions in paragraphs (d)(3)(ii) and (4) of 
Sec. 798.5300 if the results from the Salmonella typhimurium test 
conducted pursuant to paragraph (c)(5)(i)(A) of this section are 
negative.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Cell growth and maintenance. Appropriate culture media and 
incubation conditions (culture vessels, CO2 concentrations, 
temperature, and humidity) shall be used. The cell culture shall be 
directly dosed by pipetting liquid commercial hexane mixed with liquid 
DMSO into the culture medium. Cells shall be exposed to test substance 
both in the presence and absence of an appropriate metabolic activation 
system.
    (ii) [Reserved]
    (C)(1) A sex-linked recessive lethal test in Drosophila melanogaster 
shall be conducted with commercial hexane in

[[Page 245]]

accordance with Sec. 798.5275 of this chapter except for the provisions 
in paragraphs (d)(5) (ii) and (iii) of Sec. 798.5275, unless the results 
of both the Salmonella typhimurium test conducted pursuant to paragraph 
(c)(5)(i)(A) of this section and the mammalian cells in the culture gene 
mutation test conducted pursuant to paragraph (c)(5)(i)(B) of this 
section, if required, are negative.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Dose levels. For the initial assessment of mutagenicity, it is 
sufficient to test a single dose of the test substance for screening 
purposes. This dose should be the maximum tolerated dose, or that which 
produces some indication of toxicity or shall be the highest dose 
attainable and should not exceed the lower explosive limit of commercial 
hexane. For dose-response purposes, at least three additional dose 
levels should be used.
    (ii) Route of administration. The route of administration shall be 
by exposure to commercial hexane vapors.
    (D)(1) Unless the results of the sex-linked recessive lethal test in 
Drosophila melanogaster conducted with commercial hexane pursuant to 
paragraph (c)(5)(i)(C) of this section are negative, EPA shall conduct a 
public program review of all of the mutagenicity data available for this 
substance. If, after this review, EPA decides that testing of commercial 
hexane for causing heritable gene mutations in mammals is necessary, it 
shall notify the test sponsor by certified letter or Federal Register 
notice that testing shall be initiated in either the mouse visible 
specific locus test or the mouse biochemical specific locus test. The 
mouse visible specific locus test, if conducted, shall be performed for 
commercial hexane in accordance with Sec. 798.5200 of this chapter 
except for the provisions in paragraphs (d)(5)(ii) and (d)(5)(iii) of 
Sec. 798.5200. The mouse biochemical specific locus test, if conducted, 
shall be performed for commercial hexane in accordance with 
Sec. 798.5195 of this chapter except for the provisions in paragraphs 
(d)(5)(ii) and (d)(5)(iii) of Sec. 798.5195.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Dose levels. A minimum of two dose levels shall be tested. The 
highest dose tested shall be the highest dose tolerated without toxic 
effects, provided that any temporary sterility induced due to 
elimination of spermatogonia is of only moderate duration, as determined 
by a return of males to fertility within 80 days of treatment, or shall 
be the highest dose attainable below the lower explosive limit 
concentration of commercial hexane. Exposure shall be for 6 hours a day. 
Duration of exposure shall be dependent upon the accumulated total dose 
desired for each group.
    (ii) Route of administration. Animals shall be exposed to commercial 
hexane by inhalation.
    (ii) Reporting requirements. (A) The gene mutation tests shall be 
completed and final reports submitted to EPA as follows:
    (1) The Salmonella typhimurium reverse mutation assay within 8 
months of the effective date of the final rule.
    (2) The gene mutation in mammalian cells assay within 17 months of 
the effective date of the final rule.
    (3) The sex-linked recessive-lethal test in Drosophila melanogaster 
within 24 months of the effective date of the final rule.
    (4) The mouse visible specific locus test or the mouse biochemical 
specific locus test shall be completed and a final report shall be 
submitted to EPA within 51 months of the date on which the test sponsor 
is notified by EPA by certified letter or Federal Register notice that 
testing shall be initiated.
    (B) Interim progress reports for each test shall be submitted to EPA 
for the gene mutation in mammalian cells assay and Drosophila sex-linked 
recessive lethal test at 6-month intervals beginning 6 months after the 
effective date of the final rule, until the applicable final report is 
submitted to EPA.
    (C) Interim progress reports for either the mouse visible specific 
locus test or the mouse biochemical specific locus test shall be 
submitted to EPA at 6-month intervals, beginning 6 months after EPA's 
notification of the test sponsor that testing should be initiated, until 
the applicable final report is submitted to EPA.

[[Page 246]]

    (6) Mutagenic effects--chromosomal aberrations--(i) Required 
testing. (A)(1) An in vitro cytogenetics test shall be conducted with 
commercial hexane in accordance with Sec. 798.5375 of this chapter 
except for the provisions in paragraph (e)(3) of Sec. 798.5375.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Treatment with test substance. The test substance shall be added 
in liquid form mixed with DMSO to the treatment vessels.
    (ii) [Reserved]
    (B)(1) An in vivo cytogenetics test shall be conducted with 
commercial hexane in accordance with Sec. 798.5385 of this chapter 
except for the provisions in paragraphs (d)(5) (ii), (iii) and (iv) of 
Sec. 798.5385, if the in vitro test conducted pursuant to paragraph 
(c)(6)(i)(A) of this section is negative.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Dose levels. For an initial assessment, one dose level of the 
test substance may be used, the dose being the maximum tolerated dose 
(to a maximum of 5,000 mg/kg), or that producing some indication of 
cytotoxicity (e.g., partial inhibition of mitosis), or shall be the 
highest dose attainable (to a maximum of 5,000 mg/kg) and should not 
exceed the lower explosive limit of commercial hexane. Additional dose 
levels may be used. For determination of dose-response, at least three 
dose levels should be used.
    (ii) Route of administration. Animals shall be exposed to commercial 
hexane by inhalation.
    (iii) Treatment schedule. The duration of exposure shall be for 6 
hours per day for 5 consecutive days.
    (C)(1) A dominant lethal assay shall be conducted with commercial 
hexane in accordance with Sec. 798.5450 of this chapter except for the 
provisions in paragraphs (d)(5) (ii) and (iii) of Sec. 798.5450, unless 
both the in vitro and in vivo cytogenetics tests conducted pursuant to 
paragraphs (c)(6)(i) (A) and (B) of this section are negative.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Dose levels. Normally, three dose levels shall be used. The 
highest dose shall produce signs of toxicity (e.g., slightly reduced 
fertility and slightly reduced body weight). The highest dose should not 
exceed the lower explosive limit of commercial hexane. However, in an 
initial assessment of dominant lethality, a single high dose may be 
sufficient. Nontoxic substances shall be tested at 5 g/kg or, if this is 
not practicable, then at the highest dose attainable.
    (ii) Route of administration. Animals shall be exposed to commercial 
hexane by inhalation.
    (iii) Treatment schedule. The duration of exposure shall be for 6 
hours per day for 5 consecutive days.
    (D)(1) A heritable translocation test shall be conducted with 
commercial hexane in accordance with Sec. 798.5460 of this chapter 
except for the provisions in paragraphs (d)(5) (ii) and (iii) of 
Sec. 798.5460, if the results of the dominant lethal assay conducted 
pursuant to paragraph (c)(6)(i)(C) of this section are positive and if, 
after a public program review, EPA issues a Federal Register notice or 
sends a certified letter to the test sponsor specifying that the testing 
shall be initiated.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) Dose levels. At least two dose levels shall be used. The highest 
dose level shall result in toxic effects (which shall not produce an 
incidence of fatalities which would prevent a meaningful evaluation) or 
shall be the highest dose attainable or 5 g/kg body weight and should 
not exceed the lower explosive limit of commercial hexane.
    (ii) Route of administration. Animals shall be exposed to commercial 
hexane by inhalation.
    (iii) Reporting requirements. (A) The chromosomal aberration tests 
shall be completed and the final reports submitted to EPA as follows:
    (1) The in vitro cytogenetics test within 15 months of the effective 
date of the final rule.
    (2) The in vivo cytogenetics test within 19 months of the effective 
date of the final rule.
    (3) The dominant lethal assay within 28 months of the effective date 
of the final rule.
    (4) The heritable translocation test within 25 months of the date of 
EPA's

[[Page 247]]

notification of the test sponsor by certified letter or Federal Register 
notice that testing shall be initiated.
    (B) Interim progress reports for each test shall be submitted to EPA 
for the in vivo cytogenetics and the dominant lethal assays at 6-month 
intervals beginning 6 months after the effective date of the final rule, 
until the applicable final report is submitted to EPA.
    (C) Interim progress reports shall be submitted to EPA for the 
heritable translocation assay at 6-month intervals beginning 6 months 
after the date of EPA's notification of the test sponsor that testing 
shall be initiated, until the final report is submitted to EPA.
    (7) Neutrotoxicity--(i) Required testing. (A)(1) A schedule-
controlled operant behavior test shall be conducted with commercial 
hexane in accordance with Sec. 798.6500 of this chapter except for the 
provisions in paragraphs (d)(5)(i), (6) and (7) of Sec. 798.6500.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) High dose level. The highest dose shall produce clear behavioral 
effects or life-threatening toxicity. In addition, the highest dose 
should not exceed the lower explosive limit of commercial hexane.
    (ii) Duration and frequency of exposure. Animals shall be dosed once 
for 4 to 6 hours.
    (iii) Route of administration. Animals shall be exposed to 
commercial hexane by inhalation.
    (B)(1) A functional observation battery shall be conducted with 
commercial hexane in accordance with Sec. 798.6050 of this chapter 
except for the provisions in paragraphs (d)(4)(i), (5), and (6) of 
Sec. 798.6050.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) High dose level. The highest dose shall produce clear behavioral 
effects or life-threatening toxicity. In addition, the highest dose 
should not exceed the lower explosive limit of commercial hexane.
    (ii) Duration and frequency of exposure. Animals shall be dosed for 
6 hours/day, 5 days/week for 90 days.
    (iii) Route of exposure. Animals shall be exposed to commercial 
hexane by inhalation.
    (C)(1) A motor activity test shall be conducted with commercial 
hexane in accordance with Sec. 798.6200 of this chapter except for the 
provisions in paragraphs (d)(4)(i), (5), and (6) of Sec. 798.6200.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) High dose level. The highest dose shall produce clear effects on 
motor activity of life-threatening toxicity. In addition, the highest 
dose should not exceed the lower explosive limit of commercial hexane.
    (ii) Duration and frequency of exposure. Animals shall be dosed for 
6 hours/day, 5 days/week for 90 days.
    (iii) Route of exposure. Animals shall be exposed to commercial 
hexane by inhalation.
    (D)(1) A neuropathology test shall be conducted with commercial 
hexane in accordance with Sec. 798.6400 of this chapter except for the 
provisions in paragraphs (d)(4)(i), (5), and (6) of Sec. 798.6400.
    (2) For the purposes of this section, the following provisions also 
apply:
    (i) High dose level. The highest dose shall produce clear behavior 
effects or life-threatening toxicity. In addition, the highest dose 
should not exceed the lower explosive limit of commercial hexane.
    (ii) Duration and frequency of exposure. Animals shall be dosed for 
6 hours/day, 5 days/week for 90 days.
    (iii) Route of exposure. Animals shall be exposed to commercial 
hexane by inhalation.
    (ii) Reporting requirements. (A) The schedule-controlled operant 
behavior, functional observation battery, motor activity, and 
neuropathology tests shall be completed and the final reports submitted 
to EPA within 15 months of the effective date of the final rule.
    (B) Interim progress reports for each test shall be submitted to EPA 
for the schedule-controlled operant behavior, functional observation 
battery, motor activity, and neuropathology tests at 6-month intervals 
beginning 6 months after the effective date of the applicable final 
rule, until the applicable final report is submitted to EPA.
    (8) Pharmacokinetics--(i) Required testing. (A) Pharmacokinetics 
testing shall be conducted in rats in accordance

[[Page 248]]

with Sec. 795.232 of this chapter, except for paragraph (c)(1)(ii) of 
Sec. 795.232.
    (B) For the purposes of this section, the following provisions also 
apply:
    (1) Test animals. Adult male and female rats shall be used for 
testing. The rats shall be 9 to 11 weeks old and their weight range 
should be comparable from group to group. The animals shall be purchased 
from a reputable dealer and shall be permanently identified upon 
arrival. The animals shall be selected at random for the testing groups, 
and any animal showing signs of ill health shall not be used.
    (2) Species and strain. The rat strain used shall be the same as the 
strain used in the subchronic and chronic tests required under 
Sec. 798.2450(d)(1)(i) and Sec. 798.3300(b)(1)(i).
    (ii) Reporting requirements. (A) The inhalation and dermal 
pharmacokinetics tests shall be completed and the final report submitted 
to EPA by August 21, 1992.
    (B) Interim progress reports shall be submitted to EPA for the 
inhalation and dermal pharmacokinetics tests at 6-month intervals, 
beginning 6 months after the effective date specified in paragraph 
(d)(1) of this section, until the final report is submitted to EPA.
    (d) Effective date. (1) The effective date of this final rule is 
November 17, 1988, except for the provisions of paragraphs 
(c)(2)(ii)(A), (c)(5)(i)(D), (c)(5)(ii)(A)(4), (c)(5)(ii)(C), (c)(8)(i) 
and (c)(8)(ii)(A) of this section. The effective date for paragraphs 
(c)(5)(i)(D), (c)(5)(ii)(A)(4) and (c)(5)(ii)(C) of this section is May 
21, 1990. The effective date for paragraphs (c)(8)(i) and (c)(8)(ii)(A) 
of this section is June 12,1992. The effective date of paragraph 
(c)(2)(ii)(A) is September 8, 1994.
    (2) The guidelines and other test methods cited in this rule are 
referenced as they exist on the effective date of the final rule.

[53 FR 3392, Feb. 5, 1988, as amended at 53 FR 38953, Oct. 4, 1988; 55 
FR 634, Jan. 8, 1990; 55 FR 7325, Mar. 1, 1990; 55 FR 12643, Apr. 5, 
1990; 57 FR 24961, June 12, 1992; 58 FR 34205, June 23, 1993; 59 FR 
46357, Sept. 8, 1994; 60 FR 34467, July 3, 1995]



Sec. 799.2325  Isopropanol.

    (a) Identification of test substance. (1) Isopropanol (CAS No. 67-
63-0) shall be tested in accordance with this section.
    (2) Isopropanol of at least 99.8 percent purity shall be used as the 
test substance.
    (b) Persons required to submit study plans, conduct tests, and 
submit data. All persons who manufacture (including import or byproduct 
manufacture) or intend to manufacture or process isopropanol, from the 
effective date of this rule to the end of the reimbursement period, 
shall submit letters of intent to conduct testing, submit study plans, 
conduct tests, and submit data or submit exemption applications as 
specified in this section, subpart A of this part, and parts 790 and 792 
of this chapter for single-phase rulemaking.
    (c) Health effects testing--(1) Subchronic inhalation toxicity--(i) 
Required testing. A subchronic inhalation toxicity test shall be 
conducted with isopropanol in accordance with Sec. 798.2450 of this 
chapter.
    (ii) Reporting requirements. (A) The subchronic inhalation toxicity 
test shall be completed and the final report submitted to EPA within 15 
months of the date specified in paragraph (d) of this section.
    (B) Progress reports shall be submitted to EPA for the subchronic 
inhalation toxicity test at 6-month intervals beginning 6 months after 
the date specified in paragraph (d)(1) of this section until submission 
of the final report.
    (2) Reproduction and fertility effects--(i) Required testing. A 
reproduction and fertility effects test shall be conducted by gavage 
with isopropanol in accordance with Sec. 798.4700 of this chapter.
    (ii) Reporting requirements. (A) The reproduction and fertility 
effects test shall be completed and the final report submitted to EPA 
within 29 months of the date specified in paragraph (d)(1) of this 
section.
    (B) Progress reports shall be submitted at 6-month intervals 
beginning 6 months after the date specified in paragraph (d)(1) of this 
section until submission of the final report.

[[Page 249]]

    (3) Developmental toxicity--(i) Required testing. A developmental 
toxicity test shall be conducted in two mammalian species by gavage with 
isopropanol in accordance with Sec. 798.4900 of this chapter.
    (ii) Reporting requirements. (A) The developmental toxicity test 
shall be completed and the final report submitted to EPA within 12 
months of the date specified in paragraph (d)(1) of this section.
    (B) A progress report shall be submitted 6 months after the date 
specified in paragraph (d)(1) of this section.
    (4) Mutagenic effects--gene mutations--(i) Required testing. (A) A 
gene mutation test in mammalian cells shall be conducted with 
isopropanol in accordance with Sec. 798.5300 of this chapter.
    (B)(1) A sex-linked recessive lethal test in Drosophila melanogaster 
shall be conducted with isopropanol in accordance with Sec. 798.5275 of 
this chapter, except for the provisions in paragraphs (d)(5)(ii) and 
(iii) of Sec. 798.5275, unless the results of the mammalian cells in the 
culture gene mutation test conducted pursuant to paragraph (c)(5)(i)(A) 
of this section are negative.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Route of administration. The route of administration shall be by 
exposure to isopropanol vapors or by injection of isopropanol.
    (ii) [Reserved]
    (C)(1) The mouse visible specific locus (MVSL) test shall be 
conducted with isopropanol by inhalation in accordance with 
Sec. 798.5200, except for the provisions in paragraphs (d)(5)(ii) and 
(iii) of Sec. 798.5200, if the results of the sex-linked recessive 
lethal test conducted pursuant to paragraph (c)(4)(i)(B) of this section 
are positive and if, after a public program review, EPA issues a Federal 
Register notice or sends a certified letter to the test sponsor 
specifying that the testing shall be initiated.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Dose levels and duration of exposure. A minimum of 2 dose levels 
shall be tested. The duration of exposure shall be for 6 hours per day. 
Duration of exposure shall be dependent upon accumulated total dose 
desired for each group.
    (ii) Route of administration. Animals shall be exposed to 
isopropanol by inhalation.
    (ii) Reporting requirements. (A) The gene mutation tests shall be 
completed and final report submitted to EPA as follows:
    (1) The gene mutation in mammalian cells assay within 6 months of 
the date specified in paragraph (d)(1) of this section.
    (2) The sex-linked recessive-lethal test in Drosophila melanogaster 
within 18 months of the date specified in paragraph (d)(1) of this 
section.
    (3) The mouse visible specific-locus test within 51 months of the 
date of EPA's notification of the test sponsor by certified letter or 
Federal Register notice under paragraph (c)(4)(i)(C) of this section 
that testing shall be initiated.
    (B) Progress reports shall be submitted to EPA for the Drosophila 
sex-linked recessive lethal test at 6-month intervals beginning 6 months 
after the date specified in paragraph (d)(1) of this section until the 
submission of the final report.
    (C) Progress reports shall be submitted to EPA for the mouse visible 
specific locus test at 6-month intervals beginning 6 months after the 
date of EPA's notification of the test sponsor that testing shall be 
initiated until submission of the final report.
    (5) Mutagenic effects--chromosomal aberrations--(i) Required 
testing. (A)(1) The micronucleus test shall be conducted with 
isopropanol in accordance with Sec. 798.5395 of this chapter.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Route of administration. Animals shall be exposed to isopropanol 
by either inhalation or oral gavage or inperitoneally (IP).
    (ii) Duration of exposure. For inhalation, the duration of exposure 
shall be for 6 hours per day for 5 consecutive days with one sacrifice 
time or for 6 hours for 1 day with three sacrifice times.
    (B)(1) A dominant lethal assay shall be conducted with isopropanol 
in accordance with Sec. 798.5450 of this chapter, except for the 
provisions in paragraphs

[[Page 250]]

(d)(5)(ii) and (iii) of Sec. 798.5450, unless the micronucleus test 
conducted pursuant to paragraphs (c)(5)(i)(A) of this section is 
negative.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Route of administration. Animals shall be exposed to isopropanol 
by inhalation.
    (ii) Duration of exposure. The duration of exposure shall be for 6 
hours per day for 5 consecutive days.
    (C)(1) The mouse visible specific locus test (MVSL) shall be 
conducted with isopropanol by inhalation in accordance with 
Sec. 798.5200 of this chapter, except for the provisions in paragraphs 
(d)(5)(ii) and (d)(5)(iii) of Sec. 798.5200, or a mouse biochemical 
specific locus test (MBSL) shall be conducted with isopropanol by 
inhalation in accordance with Sec. 798.5195 of this chapter, except for 
the provisions in paragraphs (d)(5)(ii) and (d)(5)(iii) of 
Sec. 798.5195, if the results of the sex-linked recessive lethal test 
conducted pursuant to paragraph (c)(4)(i)(B) of this section are 
positive and if, after a public program review, EPA issues a Federal 
Register notice or sends a certified letter to the test sponsor 
specifying that the testing shall be initiated.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Route of administration. Animals shall be exposed to isopropanol 
by inhalation.
    (ii) [Reserved]
    (ii) Reporting requirements. (A) The chromosomal aberration tests 
shall be completed and the final reports submitted to EPA as follows:
    (1) The micronucleus test within 15 months of the date specified in 
paragraph (d)(1) of this section.
    (2) The dominant lethal assay within 27 months of the date specified 
in paragraph (d)(1) of this section.
    (3) The MVSL or MBSL test within 51 months of the date of EPA's 
notification of the test sponsor by certified letter or Federal Register 
notice under paragraph (c)(4)(i)(C) of this section that testing shall 
be initiated.
    (B) Progress reports shall be submitted to EPA for the the 
micronucleus and the dominant lethal assays at 6-month intervals 
beginning 6 months after the date specified in paragraph (d)(1) of this 
section until submission of the final report.
    (C) Progress reports shall be submitted to EPA for the heritable 
translocation assay at 6-month intervals beginning 6 months after the 
date of EPA's notification of the test sponsor that testing shall be 
initiated until submission of the final report.
    (6) Neurotoxicity--(i) Required testing. (A)(1) A functional 
observation battery shall be conducted with isopropanol in accordance 
with Sec. 798.6050 of this chapter except for the provisions in 
paragraphs (d)(5) and (6) of Sec. 798.6050.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Duration and frequency of exposure. For subchronic study, 
animals shall be dosed for 6 hours per day, 5 days per week for 90 days. 
For acute study, animals shall be dosed for 4 to 6 hours once.
    (ii) Route of exposure. Animals shall be exposed to isopropanol by 
inhalation.
    (B)(1) A motor activity test shall be conducted with isopropanol in 
accordance with Sec. 798.6200 of this chapter except for the provisions 
in paragraphs (d)(5) and (6) of Sec. 798.6200.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Duration of exposure. For subchronic study, animals shall be 
dosed for 6 hours per day, 5 days per week for 90 days. For acute study, 
animals shall be dosed for 4 to 6 hours once.
    (ii) Route of exposure. Animals shall be exposed to isopropanol by 
inhalation.
    (C)(1) A neuropathology test shall be conducted with isopropanol in 
accordance with Sec. 798.6400 of this chapter except for the provisions 
in paragraphs (d)(5) and (6) of Sec. 798.6400.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Duration of exposure. Animals shall be dosed for 6 hours per 
day, 5 days per week for 90 days.
    (ii) Route of exposure. Animals shall be exposed to isopropanol by 
inhalation.
    (D) The developmental neurotoxicity test shall be conducted with 
isopropanol in accordance with Sec. 795.250 of this chapter, except for 
paragraph (c)(1)(iv).

[[Page 251]]

    (1) For purposes of this section, the following provisions also 
apply:
    (i) Numbers of animals. The objective is for a sufficient number of 
pregnant rats to be exposed to ensure that an adequate number of 
offspring are produced for neurotoxicity evaluation. At least 24 litters 
shall be used at each dose level.
    (ii) [Reserved]
    (2) [Reserved]
    (ii) Reporting requirements. (A) The acute functional observation 
battery and motor activity tests shall be completed and the final report 
submitted to EPA within 15 months of the date specified in paragraph 
(d)(1) of this section. The subchronic functional observation battery, 
motor activity, and neuropathology tests shall be completed and the 
final reports submitted to EPA within 18 months of the date specified in 
paragraph (d)(1) of this section. The developmental neurotoxicity test 
shall be completed and the final report submitted to EPA within 21 
months of the date specified in paragraph (d)(1) of this section.
    (B) Progress reports shall be submitted to EPA for the functional 
observation battery, motor activity, neuropathology, and developmental 
neurotoxicity tests at 6-month intervals beginning 6 months after the 
date specified in paragraph (d)(1) of this section until submission of 
the applicable final report.
    (7) Pharmacokinetics studies--(i) Required testing. An oral and 
inhalation pharmacokinetics test shall be conducted with isopropanol in 
accordance with Sec. 795.231 of this chapter.
    (ii) Reporting requirements. (A) The pharmacokinetic test shall be 
completed and the final report submitted to EPA within 15 months of the 
date specified in paragraph (d)(1) of this section.
    (B) Progress reports shall be submitted to EPA for the 
pharmacokinetics test at 6-month intervals beginning 6 months after the 
date specified in paragraph (d)(1) of this section until submission of 
the final report.
    (8) Oncogenicity--(i) Required testing. An oncogenicity test shall 
be conducted by inhalation with isopropanol in accordance with 
Sec. 798.3300 of this chapter.
    (ii) Reporting requirements. (A) The oncogenicity test shall be 
completed and the final report submitted to EPA by July 5, 1994.
    (B) Progress reports shall be submitted at 6-month intervals 
beginning 6 months after the date specified in paragraph (d)(1) of this 
section until submission of the final report.
    (d) Effective date. (1) The effective date of this final rule is 
December 4, 1989, except for the provisions of paragraphs 
(c)(5)(i)(C)(1), (c)(5)(ii)(A)(3), (c)(6)(i)(D), and (c)(8)(ii)(A), of 
this section. The effective date for paragraphs (c)(5)(i)(C)(1), and 
(c)(5)(ii)(A)(3) of this section is May 21, 1990. The effective date for 
paragraphs (c)(6)(i)(D) of this section is May 21, 1991. The effective 
date of paragraph (c)(8)(ii)(A) is September 29, 1995.
    (2) The guidelines and other test methods cited in this rule are 
references as they exist on the effective date of the final rule.

[54 FR 43262, Oct. 23, 1989, as amended at 55 FR 12644, Apr. 5, 1990; 56 
FR 23231, May 21, 1990; 58 FR 34205, June 23, 1993; 60 FR 56956, Nov. 
13, 1995]



Sec. 799.2475  2-Mercaptobenzothiazole.

    (a) Identification of test substance. (1) 2-Mercaptobenzothiazole 
(MBT, CAS No. 149-30-4) shall be tested in accordance with this section.
    (2) MBT of at least 97.6 percent purity (plus or minus 1.5 percent) 
shall be used as the test substance.
    (b) Persons required to submit study plans, conduct tests, and 
submit data. All persons who manufacture (including byproduct 
manufacture, and import of MBT and MBT-containing articles) or process 
or intend to manufacture or process MBT, other than as an impurity, 
after October 21, 1988, to the end of the reimbursement period shall 
submit letters of intent to conduct testing, submit study plans, conduct 
tests, and submit data, or submit exemption applications as specified in 
this section, subpart A of this part, and parts 790 and 792 of this 
chapter for single-phase rulemaking.
    (c) Chemical fate--(1) Aerobic aquatic biodegradation--(i) Required 
testing. Aerobic aquatic biodegradation testing shall be conducted with 
MBT in accordance with Sec. 796.3100 of this chapter.

[[Page 252]]

    (ii) Reporting requirements. (A) The aerobic aquatic biodegradation 
test shall be completed and the final report submitted to EPA within 12 
months of the effective date of the final rule.
    (B) An interim progress report shall be submitted to EPA 6 months 
after the effective date of the final rule.
    (2) Indirect photolysis-screening level test--(i) Required testing. 
Indirect photolysis testing shall be conducted with MBT in accordance 
with Sec. 795.70 of this chapter.
    (ii) Reporting requirements. (A) The indirect photolysis test shall 
be completed and the final report submitted to EPA within 12 months of 
the effective date of the final rule.
    (B) An interim progress report shall be submitted to EPA 6 months 
after the effective date of the final rule.
    (3) Chemical mobility--(i) Required testing. Chemical mobility 
testing shall be conducted with MBT in accordance with Sec. 796.2750 of 
this chapter.
    (ii) Reporting requirements. (A) The chemical mobility test shall be 
completed and the final report submitted to EPA within 12 months of the 
effective date of the final rule.
    (B) An interim progress report shall be submitted to EPA 6 months 
after the effective date of this final rule.
    (d) Environmental effects--(1) Fish chronic toxicity--(i) Required 
testing. (A) Chronic toxicity testing of MBT shall be conducted using 
rainbow trout (Salmo gairdneri.) according to Sec. 797.1600 of this 
chapter, except for paragraphs (c)(4)(iv)(A), (c)(4)(x)(E) and 
(c)(4)(x)(F), (c)(6)(iv)(A), (d)(2)(vii)(A)(2), and (d)(3)(iv) of 
Sec. 797.1600.
    (B) For the purpose of this section, the following provisions also 
apply:
    (1) The first feeding for the fathead and sheepshead minnow fry 
shall begin shortly after transfer of the fry from the embryo cups to 
the test chambers. Silversides are fed the first day after hatch. Trout 
species initiate feeding at swim-up. The trout fry shall be fed trout 
starter mash or live newly-hatched brine shrimp nauplii (Artemia salina) 
three times a day ad libitum, with excess food siphoned off daily. The 
minnow fry shall be fed live newly-hatched brine shrimp nauplii (Artemia 
salina) at least three times a day.
    (2) All physical abnormalities (e.g., stunted bodies, scoliosis, 
etc.) shall be photographed and preserved.
    (3) At termination, all surviving fish shall be measured for growth. 
Total length measurements should be used except in cases where fin 
erosion occurs, then the use of standard length measurements shall be 
permitted. Standard length measurements should be made directly with a 
caliper, but may be measured photographically. Measurements shall be 
made to the nearest millimeter (0.1 mm is desirable). Weight 
measurements shall also be made for each fish alive at termination (wet, 
blotted dry, and to the nearest 0.01 g for the minnows and 0.1 g for the 
trout). If the fish exposed to the toxicant appear to be edematous 
compared to control fish, determination of dry, rather than wet, weight 
is recommended.
    (4)(i) Test substance measurement. Prior to addition of the test 
substance to the dilution water, it is recommended that the test 
substance stock solution be analyzed to verify the concentration. After 
addition of the test substance, the concentration of test substance 
shall be measured in the test substance delivery chamber prior to 
beginning, and during, the test. The concentration of test substance 
should also be measured at the beginning of the test in each test 
concentration (including both replicates) and control(s), and at least 
once a week thereafter. Equal aliquots of test solution may be removed 
from each replicate chamber and pooled for analysis. If a malfunction in 
the delivery system is discovered, water samples shall be taken from the 
affected test chambers immediately and analyzed.
    (ii) pH. It is recommended that a pH of 7 be maintained in the test 
chambers.
    (iii) Reporting. An analysis of the stability of the stock solution 
for the duration of the test shall be reported.
    (5) [Reserved]
    (6) For brook and rainbow trout, a 16-hour light and 8-hour dark 
photoperiod shall be provided.
    (ii) Reporting requirements. (A) The fish chronic toxicity test 
shall be completed and the final report submitted

[[Page 253]]

to EPA within 12 months of the effective date of the final rule.
    (B) An interim progress report shall be submitted to EPA 6 months 
after the effective date of the final rule.
    (2) Daphnid chronic toxicity--(i) Required testing. (A) Daphnid 
chronic toxicity testing shall be conducted with MBT using Daphnia magna 
according to Sec. 797.1330 of this chapter.
    (B) For the purposes of this section, the following provisions also 
apply:
    (1) Test substance measurement. Test substance concentration shall 
be measured in the test substance delivery chamber prior to beginning, 
and during, the test.
    (2) pH. It is recommended that a pH of 7 be maintained in the test 
chambers.
    (3) Reporting. An analysis of the stability of the stock solution 
for the duration of the test shall be reported and data comparing trout 
starter mash with A. salina for supporting trout growth should be 
submitted with the final report.
    (ii) Reporting requirements. (A) The daphnid chronic toxicity test 
shall be completed and the final report submitted to EPA within 12 
months of the effective date of the final rule.
    (B) An interim progress report shall be submitted to EPA 6 months 
after the effective date of the final rule.
    (e) Health effects--(1) Developmental toxicity testing--(i) Required 
testing. Developmental toxicity testing shall be conducted in two 
mammalian species with MBT in accordance with Sec. 798.4900 of this 
chapter, using the oral route of administration.
    (ii) Reporting requirements. (A) The developmental toxicity test 
shall be completed and the final report submitted to EPA within 12 
months of the effective date of the final rule.
    (B) An interim progress report shall be submitted to EPA 6 months 
after the effective date of the final rule.
    (2) Reproductive toxicity--(i) Required testing. Reproductive 
toxicity testing shall be conducted with MBT in accordance with 
Sec. 798.4700 of this chapter, using the oral route of administration.
    (ii) Reporting requirements. (A) The reproductive test shall be 
completed and the final report submitted to EPA within 29 months of the 
effective date of the final rule.
    (B) Progress reports shall be submitted to EPA at 6-month intervals 
beginning 6 months after the effective date of the final rule until 
submission of the final report.
    (3) Neurotoxicity--(i) Required testing. (A)(1) An acute and 
subchronic functional observation battery shall be conducted with MBT in 
accordance with Sec. 798.6050 of this chapter except for the provisions 
in paragraphs (d)(5) and (6) of Sec. 798.6050.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Duration and frequency of exposure. For acute study, animals 
shall be administered MBT over a period not to exceed 24 hours. For 
subchronic study, animals shall be dosed daily for at least 90 days.
    (ii) Route of exposure. Animals shall be exposed to MBT orally.
    (B)(1) An acute and subchronic motor activity test shall be 
conducted with MBT in accordance with Sec. 798.6200 of this chapter 
except for the provisions in paragraphs (d)(5) and (6) of Sec. 798.6200.
    (2) For the purpose of this section the following provisions also 
apply:
    (i) Duration and frequency of exposure. For acute study, animals 
shall be administered over a period not to exceed 24 hours. For 
subchronic study, animals shall be dosed daily for at least 90 days.
    (ii) Route of exposure. Animals shall be exposed to MBT orally.
    (C)(1) A subchronic neuropathology test shall be conducted with MBT 
in accordance with Sec. 798.6400 of this chapter except for the 
provisions in paragraphs (d)(5) and (6) of Sec. 798.6400.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Duration and frequency of exposure. Animals shall be dosed daily 
for at least 90 days.
    (ii) Route of exposure. Animals shall be exposed to MBT orally.
    (ii) Reporting requirements. (A) The functional observation battery, 
motor activity, and neuropathology tests shall be completed and the 
final reports for each test submitted to EPA within 18 months of the 
effective date of the final rule.

[[Page 254]]

    (B) A progress report shall be submitted to EPA for the functional 
observation battery, motor activity, and neuropathology tests, 
respectively, 6 months after the effective date of the final rule.
    (4) Mutagenic effects--Chromosomal aberrations--(i) Required 
testing. (A) A dominant lethal assay shall be conducted with MBT in 
accordance with Sec. 798.5450 of this chapter, using the oral route of 
administration.
    (B) A heritable translocation assay shall be conducted with MBT in 
accordance with the test guideline specified in Sec. 798.5460 of this 
chapter if MBT produces a positive result in the dominant lethal assay 
conducted pursuant to paragraph (e)(4)(i)(A) of this section and if, 
after a public program review, EPA issues a Federal Register notice or 
sends a certified letter to the test sponsor specifying that the testing 
shall be initiated.
    (ii) Reporting requirements. (A) Mutagenic effects--Chromosomal 
aberration testing of MBT shall be completed and the final report 
submitted to EPA as follows: Dominant lethal assay, within 12 months 
after the effective date of this rule; heritable translocation assay, 
within 24 months after notification under paragraph (e)(4)(i)(B) of this 
section that the testing shall be initiated.
    (B) For the dominant lethal assay, an interim progress report shall 
be submitted to EPA 6 months after the effective date of the final rule; 
for the heritable translocation assay, progress reports shall be 
submitted to EPA at 6-month intervals beginning 6 months after the date 
of EPA's notification of the test sponsor that testing shall be 
initiated until submission of the final report.
    (f) Effective date. (1) The effective date of this final rule is 
October 21, 1988, except for paragraphs (a)(2), (d)(1)(i), 
(d)(2)(i)(B)(3), and (e)(3)(ii)(A) of this section. The effective date 
for paragraphs (a)(2), (d)(1)(i), (d)(2)(i)(B)(3), and (e)(3)(ii)(A) of 
this section is March 1, 1990.
    (2) The guidelines and other test methods cited in this rule are 
referenced as they exist on the effective date of the final rule.

[53 FR 34530, Sept. 7, 1988; 53 FR 37393, Sept. 26, 1988, as amended at 
55 FR 7326, Mar. 1, 1990; 58 FR 34205, June 23, 1993]



Sec. 799.2700  Methyl ethyl ketoxime.

    (a) Identification of test substance. (1) Methyl ethyl ketoxime 
(MEKO, CAS No. 96-29-7) shall be tested in accordance with this section.
    (2) MEKO of at least 99 percent purity shall be used as the test 
substance.
    (b) Persons required to submit study plans, conduct tests, and 
submit data. All persons who manufacture (including import) or process 
or intend to manufacture or process MEKO, including persons who 
manufacture or process or intend to manufacture or process MEKO as a 
byproduct, or who import or intend to import products which contain 
MEKO, after the date specified in paragraph (e) of this section to the 
end of the reimbursement period, shall submit letters of intent to 
conduct testing, submit study plans, conduct tests and submit data, or 
submit exemption applications, as specified in this section, subpart A 
of this part, and parts 790 and 792 of this chapter for single-phase 
rulemaking. Persons who manufacture, import, or process MEKO only as an 
impurity are not subject to these requirements.
    (c) Health effects testing--(1) Pharmacokinetics testing--(i) 
Required testing. Pharmacokinetics testing shall be conducted with MEKO 
in accordance with paragraph (c)(1)(ii) of this section.
    (ii) [Reserved]
    (2) Oncogenicity--(i) Required testing. Oncogenicity testing shall 
be conducted in accordance with Sec. 798.3300 of this chapter.
    (ii) Route of administration. MEKO shall be administered either 
orally or by inhalation.
    (iii) Reporting requirements. (A) Oncogenicity testing shall be 
completed and a final report submitted to EPA within 53 months of the 
date specified in paragraph (e) of this section.
    (B) Interim progress reports shall be submitted to EPA at 6-month 
intervals, beginning 6 months after the date specified in paragraph (e) 
of this section, until submission of the final report to EPA.

[[Page 255]]

    (3) Developmental toxicity--(i) Required testing. Developmental 
toxicity testing shall be conducted in a rodent and a nonrodent 
mammalian species in accordance with Sec. 798.4900 of this chapter.
    (ii) Route of administration. MEKO shall be administered orally.
    (iii) Reporting requirements. (A) Developmental toxicity testing 
shall be completed and a final report submitted to EPA within 15 months 
of the date specified in paragraph (e) of this section.
    (B) Interim progress reports shall be submitted to EPA at 6-month 
intervals, beginning 6 months after the date specified in paragraph (e) 
of this section.
    (4) Reproductive toxicity--(i) Required testing. (A) Reproductive 
toxicity testing shall be conducted orally in accordance with 
Sec. 798.4700 of this chapter except for the provisions in paragraphs 
(c) (8)(iii) and (9)(i) of Sec. 798.4700.
    (B) For the purpose of this section, the following provisions also 
apply:
    (1) The following organs and tissues, or representative samples 
thereof, shall be preserved in a suitable medium for possible future 
histopathological examination: Vagina, uterus, oviducts, ovaries, 
testes, epididymides, vas deferens, seminal vesicles, prostate, 
pituitary gland, and, target organ(s) of all P and F1 animals 
selected for mating.
    (2)(i) Full histopathology shall be conducted on the organs and 
tissues listed in paragraph (c)(4)(i)(B)(1) of this section for all high 
dose and control P and F1 animals selected for mating.
    (ii) The integrity of the various cell stages of spermatogenesis 
shall be determined, with particular attention directed toward achieving 
optimal quality in the fixation and embedding. Preparations of 
testicular and associated reproductive organ samples for histology 
should follow the recommendations of Lamb and Chapin (1985) under 
paragraph (d)(1) of this section, or an equivalent procedure. 
Histopathology of the testes shall be conducted on all P and 
F1 adult males at the time of sacrifice, and histological 
analyses shall include evaluations of the spermatogenic cycle, i.e., the 
presence and integrity of the 14 cell stages. These evaluations should 
follow the guidance provided by Clermont and Percy (1957) under 
paragraph (d)(2) of this section. Information shall also be provided 
regarding the nature and level of lesions observed in control animals 
for comparative purposes.
    (iii) Data on female cyclicity shall be obtained by conducting 
vaginal cytology in P and F1 females over the last 3 weeks 
prior to mating; the cell staging technique of Sadleir (1978) and the 
vaginal smear method in Hafez (1978) under paragraphs (d)(3) and (d)(7) 
of this section, respectively, or equivalent methods should be used. 
Data shall be provided on whether the animal is cycling and the cycle 
length.
    (iv) P and F1 females shall continue to be exposed to 
MEKO for at least an additional 2 weeks following weaning of offspring 
to permit them to begin cycling once again. They shall then be 
sacrificed and their ovaries shall be serially sectioned with a 
sufficient number of sections examined to adequately detail oocyte and 
follicular morphology. The methods of Mattison and Thorgiersson (1979) 
and Pederson and Peters (1968) under paragraphs (d) (4) and (5) of this 
section, respectively, may provide guidance. The strategy for sectioning 
and evaluation is left to the discretion of the investigators, but shall 
be described in detail in the study plan and final report. The nature 
and background level of lesions in control tissue shall also be noted.
    (v) Gross and histopathologic evaluations shall be conducted on the 
mammary glands in F1 females and F2 pups 
sacrificed at weaning and in adult F1 females at the 
termination of the study. Any abnormalities shall be described in the 
final report.
    (ii) Reporting requirements. (A) Reproductive toxicity testing shall 
be completed and a final report submitted to EPA within 29 months of the 
date specified in paragraph (e) of this section.
    (B) Interim progress reports shall be submitted to EPA at 6-month 
intervals, beginning six months after the date specified in paragraph 
(e) of this section until submission of the final report to EPA.
    (5) Mutagenic effects--gene mutations--(i) Required testing. The 
sex-linked recessive lethal assay in Drosophila shall be conducted with 
MEKO in accordance with Sec. 798.5275 of this chapter.

[[Page 256]]

    (ii) Reporting requirements. (A) The sex-linked recessive lethal 
assay in Drosophila shall be completed and a final report submitted to 
EPA within 18 months of the date specified in paragraph (e) of this 
section.
    (B) Interim progress reports shall be submitted to EPA at 6-month 
intervals beginning 6 months after the date specified in paragraph (e) 
of this section.
    (6) Mutagenic effects--chromosomal aberrations--(i) Required 
testing. (A) An in vivo mammalian bone marrow cytogenetics test shall be 
conducted with MEKO in accordance with either Sec. 798.5385 (chromosomal 
analysis) of this chapter, or Sec. 798.5395 (micronucleus assay) of this 
chapter except for the provisions in paragraphs (d)(5) (ii), (iii), and 
(iv) of Secs. 798.5385 and 798.5395.
    (B) For the purpose of this section, the following provisions also 
apply if Sec. 798.5385 of this chapter is used in conducting the test:
    (1) Dose levels and duration of exposure. At least three dose levels 
shall be tested. The highest dose tested shall be the maximum tolerated 
dose or that dose producing some signs of cytotoxicity (e.g., partial 
inhibition of mitosis) or shall be the highest dose attainable. Under 
oral administration, animals shall be exposed once per day for 5 
consecutive days. Under administration by inhalation, animals shall be 
exposed 6 hours per day for 5 consecutive days.
    (2) Route of administration. Animals shall be exposed to MEKO either 
orally or by inhalation.
    (C) For the purpose of this section, the following provisions also 
apply if Sec. 798.5395 of this chapter is used in conducting the test:
    (1) Dose levels and duration of exposure. At least three-dose levels 
shall be tested. The highest dose tested shall be the maximum tolerated 
dose or that dose producing some signs of cytotoxicity (e.g., a change 
in the ratio of polychromatic to normochromatic erythrocytes) or shall 
be the highest dose attainable. Under oral administration animals shall 
be exposed once per day for 5 consecutive days. Under administration by 
inhalation, animals shall be exposed 6 hours per day for 5 consecutive 
days.
    (2) Route of administration. Animals shall be exposed to MEKO either 
orally or by inhalation.
    (ii) Reporting requirements. (A) The oral in vivo mammalian 
cytogenetics test shall be completed and a final report submitted to EPA 
within 14 months of the date specified in paragraph (e) of this section. 
The inhalation in vivo mammalian cytogenetics test shall be completed 
and a final report submitted to EPA within 17 months of the date 
specified in paragraph (e) of this section.
    (B) Interim progress reports shall be submitted to EPA at 6-month 
intervals, beginning 6 months after the date specified in paragraph (e) 
of this section.
    (7) Neurotoxicity--(i) Required testing--(A) Functional 
observational battery. (1) A functional observational battery shall be 
conducted with MEKO in accordance with Sec. 798.6050 of this chapter 
except for the provisions in paragraphs (d) (4)(ii), (5), and (6) of 
Sec. 798.6050.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Route of exposure. Animals shall be exposed either orally or by 
inhalation.
    (ii) Lower doses. The data from the lower doses shall show either 
graded dose-dependent effects in at least two of all the doses tested, 
including the highest dose, or no neurotoxic (behavioral) effects at any 
dose tested.
    (iii) Duration and frequency of exposure. For the oral acute 
testing, animals shall be exposed once. For the oral subchronic testing, 
animals shall be exposed once per day 5 days per week for a 90-day 
period. For the inhalation acute testing, animals shall be exposed for 6 
hours for 1 day. For the inhalation subchronic testing, animals shall be 
exposed 6 hours per day 5 days per week for a 90-day period.
    (B) Motor activity. (1) A motor activity test shall be conducted 
with MEKO in accordance with Sec. 798.6200 of this chapter except for 
provisions in paragraphs (d) (4)(ii), (5), and (6) of Sec. 798.6200.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Route of exposure. Animals shall be exposed either orally or by 
inhalation.
    (ii) Lower doses. The data from the lower doses shall show either 
graded

[[Page 257]]

dose-dependent effects in at least two of all the doses tested including 
the highest dose, or no neurotoxic (behavioral) effects at any dose 
tested.
    (iii) Duration and frequency of exposure. For the acute oral 
testing, animals shall be exposed once. For the oral subchronic testing, 
animals shall be exposed once per day 5 days per week for a 90-day 
period. For the acute inhalation testing, animals shall be exposed for 6 
hours for 1 day. For the inhalation subchronic testing, the animals 
shall be exposed for 6 hours per day 5 days per week for a 90-day 
period.
    (C) Neuropathology. (1) A neuropathology test shall be conducted 
with MEKO in accordance with Sec. 798.6400 of this chapter except for 
the provisions in paragraphs (d) (4)(ii), (5), (6), and (8)(iv)(C) of 
Sec. 798.6400.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Route of exposure. Animals shall be exposed either orally or by 
inhalation.
    (ii) Lower doses. The data from the lower doses shall show either 
graded dose-dependent effects in at least two of all the doses tested 
including the highest dose, or no neurotoxic (behavioral) effects at any 
dose tested.
    (iii) Duration and frequency of exposure. Animals shall be exposed 
orally once per day 5 days per week for a 90-day period; or if exposed 
by inhalation, for 6 hours per day 5 days per week for a 90-day period.
    (iv) Clearing and embedding. After dehydration, tissue specimens 
shall be cleared with xylene and embedded in paraffin or paraplast 
except for the sural nerve which should be embedded in plastic. Multiple 
tissue specimens (e.g., brain, cord, ganglia) may be embedded together 
in one single block for sectioning. All tissue blocks shall be labeled 
to provide unequivocal identification. A suggested method for plastic 
embedding is described by Spencer et al. in paragraph (d)(6) of this 
section.
    (ii) Reporting requirements. (A) The neurotoxicity tests required 
under this paragraph (c)(7) and administered orally shall be completed 
and the final results submitted to EPA within 18 months of the date 
specified in paragraph (e) of this section. The neurotoxicity tests 
required under this paragraph (c)(7) and administered by inhalation 
shall be completed and the final results submitted to EPA within 21 
months of the date specified in paragraph (e) of this section.
    (B) Interim progress reports shall be submitted to EPA at 6-month 
intervals beginning 6 months after the date specified in paragraph (e) 
of this section until submission of the final report to EPA.
    (d) References. For additional background information, the following 
references should be consulted.
    (1) Lamb, J. and Chapin, R.E. ``Experimental models of male 
reproductive toxicology.'' In: ``Endocrine Toxicity.'' Thomas, J.A., 
Korach, K.S., and McLachlan, J.A., eds. New York, NY: Raven Press. pp. 
85-115. (1985).
    (2) Clermont, Y. and Percey, B. ``Quantitative study of the cell 
population of the seminiferous tubules in immature rats.'' ``American 
Journal of Anatomy.'' 100:241-267. (1957).
    (3) Sadleir, R.M.F.S. ``Cycles and seasons.'' In: ``Reproduction in 
Mammals: I. Germ Cells and Fertilization.'' Austin, R. and Short R.V., 
eds. New York, NY: Cambridge Press. Chapter 4. (1978).
    (4) Mattison, D.R. and Thorgiersson, S.S. ``Ovarian aryl hydrocarbon 
hydroxylase activity and primordial oocyte toxicity of polycyclic 
aromatic hydrocarbons in mice.'' ``Cancer Research.'' 39:3471-3475. 
(1979).
    (5) Pederson, T. and Peters, H. ``Proposal for classification of 
oocytes and follicles in the mouse ovary.'' ``Journal of Reproduction 
and Fertility.'' 17:555-557. (1968).
    (6) Spencer, P.S., Bischoff, M., and Schaumburg, H.H. 
``Neuropathological methods for the detection of neurotoxic disease.'' 
In: ``Experimental and Clinical Neurotoxicology.'' Spencer, P.S. and 
Schaumburg, H.H., eds. Baltimore, MD: Williams and Wilkins, pp. 743-757 
(1980).
    (7) Hafez, E.S., ed., ``Reproduction and Breeding Techniques for 
Laboratory Animals.'' Chapter 10. Philadelphia: Lea and Febiger. (1970).
    (e) Effective dates. (1) The effective date of this final rule is 
October 27, 1989.

[[Page 258]]

    (2) The guidelines and other test methods cited in this section are 
referenced here as they exist on October 27, 1989.

[54 FR 37808, Sept. 13, 1989, as amended at 58 FR 34205, June 23, 1993]



Sec. 799.3300  Unsubstituted phenylenediamines.

    (a) Identification of test substance. (1) The unsubstituted 
phenylenediamines (pda's), para-phenylenediamine (p-pda, CAS No. 106-50-
3), or its sulfate salt (p-pda.H2SO4, CAS No. 
1624-57-75), meta-phenylenediamine (m-pda, CAS No. 108-45-2), or its 
sulfate salt (m-pda.H2SO4, CAS No. 54-17-08), and 
ortho-phenylenediamine (o-pda, CAS No. 95-54-5) shall be tested in 
accordance with this section.
    (2) p-Pda, m-pda, and o-pda of at least 98 percent purity shall be 
used as the test substances. Either the hydrochloride or sulfate salt of 
m-pda shall be used as the test substances. Either the hydrochloride or 
sulfate salt of m-pda shall be used as a test substance in the 
oncogenicity test in paragraph (c)(2) of this section if the free base 
proves to be unstable under the conditions of this study. Either the 
hydrochloride or sulfate salt of o-pda, p-pda, or m-pda shall be used as 
a test substance in the 90-day subchronic neurotoxicity studies in 
paragraph (c)(3)(B) of this section if the free base proves to be 
unstable under the conditions of these studies. The salt(s) shall be of 
at least 98 percent purity.
    (b) Persons required to submit study plans, conduct tests, and 
submit data. (1) All persons who manufacture (including import or by-
product manufacture) or process m-pda or m-
pda.H2SO4, or intend to manufacture or process m-
pda or m-pda.H2SO4, after the effective date of 
this rule to the end of the reimbursement period shall submit letters of 
intent to test, submit study plans, conduct tests, and submit data, or 
submit exemption applications as specified in paragraphs (c), (d), and 
(e) of this section, subpart A of this part, and parts 790 and 792 of 
this chapter for single-phase rulemaking.
    (2) All persons who manufacture (including import or by-product 
manufacture) or process p-pda, or p-pda.H2SO4, or 
intend to manufacture or process p-pda, or p-pda 
H2SO4, after the effective date of this rule to 
the end of the reimbursement period shall submit letters of intent to 
test, submit study plans, conduct tests, and submit data, or submit 
exemption applications as specified in paragraphs (c)(3), (d), and (e) 
of this section, subpart A of this part and parts 790 and 792 of this 
chapter for single-phase rulemaking.
    (3) All persons who manufacture (including import or by-product 
manufacture) or process o-pda, or intend to manufacture or process o-pda 
after the effective date of this rule to the end of the reimbursement 
period shall submit letters of intent to test, submit study plans, 
conduct tests, and submit data, or submit exemption applications as 
specified in paragraphs (c)(3), (d), and (e) of this section, subpart A 
of this part, and parts 790 and 792 of this chapter for single-phase 
rulemaking.
    (c) Health effects testing--(1) Mutagenicity testing--(i) Required 
testing. (A) The sex-linked recessive lethal (SLRL) assay shall be 
conducted, by injection, in Drosophila melanogaster with m-pda in 
accordance with Sec.  798.5275 of this chapter.
    (B) If the SLRL assay conducted pursuant to paragraph (c)(1)(i)(A) 
of this section is positive, either the mouse visible specific locus 
test (MVSL) or the mouse biochemical specific locus test (MBSL) shall be 
conducted for m-pda by gavage in accordance with Secs. 798.5200 or 
798.5195 of this chapter, if after public program review, EPA issues a 
Federal Register notice or sends a certified letter to the test 
sponsor(s) specifying that testing shall be initiated. The test sponsor 
shall notify EPA of its choice in writing in its first interim report.
    (C) The mouse bone marrow cytogenetics: micronucleus (MBMC) assay 
shall be conducted on m-pda in accordance with Sec.  798.5395 of this 
chapter.
    (D) If the MBMC assay conducted pursuant to paragraph (c)(1)(i)(C) 
of this section is positive, the dominant lethal assay (DL) in mice 
shall be conducted on m-pda pursuant to Sec.  798.5450 of this chapter.
    (E) If the DL conducted pursuant to paragraph (c)(1)(i)(D) of this 
section is positive, heritable translocation (HT) testing in the mouse 
on m-pda shall be

[[Page 259]]

conducted pursuant to Sec.  798.5460 of this chapter, if after a public 
program review, EPA issues a Federal Register notice or sends a 
certified letter to the test sponsor(s) specifying that testing shall be 
initiated.
    (ii) Reporting requirements. (A) The tests shall be completed and 
the final reports for the MBMC assay shall be submitted to the EPA no 
later than January 16, 1991. The final report for the SLRL in Drosophila 
melanogaster shall be submitted no later than April 15, 1991.
    (B) If required, the DL test shall be completed and the final report 
shall be received by EPA no later than 24 months after the effective 
date of this final rule.
    (C) If required, the MVSL or the MBSL shall be completed and the 
final report shall be received by EPA no later than 51 months after EPA 
issues a Federal Register Notice or sends a certified letter to the test 
sponsor(s) identified under paragraph (c)(1)(i)(B) of this section 
specifying that testing shall be initiated.
    (D) If required, the HT test shall be completed and the final report 
shall be submitted to EPA not later than 36 months after the date on 
which EPA notifies the test sponsor under paragraph (c)(1)(i)(E) of this 
section to begin testing.
    (E) Interim reports for the SLRL assay and MBMC are required at 6-
month intervals beginning 6 months after the effective date of this 
section. If the DL is triggered, interim reports are required at 6 month 
intervals beginning with the date of initiation of the study.
    (F) Interim reports for the HT and either the MBSL or MVSL are 
required at 6-month intervals beginning 6 months after the date of 
notification by EPA that testing shall be initiated, and ending when the 
final report is submitted.
    (2) Oncogenicity--(i) Required testing. A 2-year dermal oncogenicity 
bioassay shall be conducted with m-pda if, after public program review, 
EPA issues a Federal Register notice specifying that the testing shall 
be initiated.
    (ii) [Reserved]
    (iii) Reporting requirements. (A) The final results and final report 
for the oncogenicity bioassay shall be submitted to EPA no later than 53 
months after EPA issues a Federal Register notice or sends a certified 
letter to the test sponsor under paragraph (c)(2)(i) of this section 
specifying that the testing shall be initiated.
    (B) Interim reports for the oncogenicity study are required at 6-
month intervals beginning 6 months after the date of notification by EPA 
that testing shall be initiated and ending when the final report is 
submitted.
    (3) Neurotoxicity--(i) Required testing. (A) Acute neurotoxicity 
testing in the neurotoxicity functional observational battery (FOB) in 
accordance with Sec.  798.6050 of this chapter, and the motor activity 
test (MAT) in accordance with Sec.  798.6200 of this chapter, shall be 
conducted for o-, m-, and p-pda. The test chemicals shall be 
administered in a single oral dose. Clinical observations shall be made 
at a minimum of 1, 4, 24, and 48 hours and at 7 days after dosing.
    (B) If neurotoxic effects are observed at 24 hours, or longer, 
during the testing conducted pursuant to paragraph (c)(3)(i)(A) of this 
section, then 90-day subchronic neurotoxic FOB and MAT tests shall be 
conducted in accordance with Secs.  798.6050 and 798.6200 of this 
chapter, respectively, for each isomer showing such effects. At the end 
of these tests, the animals shall be sacrificed and the nervous tissue 
preserved and examined as described in the neuropathology test standard, 
Sec.  798.6400 of this chapter.
    (ii) Reporting requirements. (A) The acute neurotoxicity tests shall 
be completed and the final report submitted to EPA no later than 
September 15, 1990. If triggered, the final report of the subchronic 
neurotoxicity testing and the neuropathological examination shall be 
submitted to EPA on the following schedules. If one isomer is triggered, 
the reporting deadline is July 15, 1990. If two isomers are triggered, 
the reporting deadline is January 15, 1992. If three isomers are 
triggered, the reporting deadline is July 15, 1992.
    (B) [Reserved]
    (d) Chemical fate testing--(1) Indirect photolysis testing--(i) 
Required testing. Indirect photolysis studies shall be

[[Page 260]]

conducted with p-, m-, and o-pda to determine the half-life in water of 
each of the three unsubstituted pda's in accordance with Sec.  795.70 of 
this chapter.
    (ii) Reporting requirements. (A) The final report shall be submitted 
to EPA no later than 8 months after the effective date of the final 
rule.
    (B) The final report shall include a calculation of the predicted 
environmental concentration (PEC), 100 x PEC, and 1,000 x PEC for each 
isomer. PEC shall be calculated by using results from the indirect 
photolysis studies and solving the following equations for the 
appropriate isomer: o-pda: PECo = 0.3629 + 1.0468 log t 1/2; m-pda: PECm 
= 0.6830 + 1.9702 log t 1/2; p-pda: PECp = 0.0085 + 0.0024 log t 1/2, 
where PEC is the predicted concentration in ppb and t 1/2 is the half-
life for oxidation (i.e., indirect photolysis) expressed in minutes. 
PEC, 100 x PEC, and 1,000 x PEC shall be used in the decision logic 
described in paragraph (e) of this section.
    (2) [Reserved]
    (e) Environmental effects testing--(1) Acute toxicity testing--(i) 
Required testing. (A) Flow-through fish acute toxicity tests in the 
rainbow trout (Salmo gairdneri) shall be conducted with o-, m-, and p-
pda in accordance with Sec.  797.1400 of this chapter.
    (B) Acute flow-through studies on the freshwater invertebrate 
Gammarus shall be conducted with o-, m-, and p-pda in accordance with 
Sec.  795.120 of this chapter.
    (C) If the concentration affecting 50 percent of the population 
(LC50 or EC50) for any study conducted pursuant to 
paragraphs (e)(1)(i)(A) and (B) of this section is less than or equal to 
100 X PEC, less than or equal to 1 milligram/liter (mg/L), or less than 
or equal to 100 mg/L and shows indications of chronicity, chronic 
toxicity testing shall be conducted pursuant to paragraph (e)(2) of this 
section. Indications of chronicity shall be the following: for fish or 
aquatic invertebrates, the ratio of 24 hour/96 hour LC50s is 
greater than or equal to 2; for gammarids, the ratio of 24 hour/48 hour 
EC50s is greater than or equal to 2.
    (ii) Reporting requirements. The final reports for acute toxicity 
testing shall be submitted as follows:
    (A) Testing on the rainbow trout shall be completed and submitted to 
EPA 9 months after the effective date of the final rule for o-pda and p-
pda. Testing for m-pda shall be completed and submitted by January 15, 
1991.
    (B) The acute toxicity testing in freshwater Gammarus shall be 
completed and submitted no later than January 15, 1991.
    (2) Chronic toxicity testing--(i) Required testing. (A) A fish 
partial life-cycle flow-through test shall be conducted in the more 
sensitive fish species, either Pimephales promelas or Salmo gairdneri, 
with each isomer, o-, m-, and p-pda, demonstrating an LC50, 
determined by testing of fish pursuant to paragraph (e)(1)(i)(A) of this 
section, equal to or less than 100 X PEC; or less than 1 mg/L; or less 
than 100 mg/L with indications of chronicity. Chronicity indicators are 
defined in paragraph (e)(1)(i)(C) of this section. Testing shall be 
conducted in accordance with Sec.  797.1600 of this chapter.
    (B) An invertebrate life-cycle flow-through toxicity test shall be 
conducted in Daphnia magna for o- and p-pda in accordance with Sec.  
797.1330 of this chapter.
    (ii) Reporting requirements. (A) The fish partial life-cycle flow-
through test shall be completed and final results shall be submitted to 
EPA no later than December 1, 1992.
    (B) The invertebrate life-cycle flow-through toxicity test shall be 
completed and the final report submitted to EPA no later than January 
15, 1993.
    (C) Progress reports shall be submitted at 6 month intervals after 
the effective date of the final rule.
    (f) Effective dates. (1) The effective date of this final rule is 
January 16, 1990, except for paragraphs (c)(1)(i)(B), (c)(1)(ii)(A), 
(c)(1)(ii)(C), (c)(1)(ii)(F), (c)(3)(ii)(A), (e)(1)(ii), (e)(2)(ii)(A), 
and (e)(2)(ii)(B) of this section. The effective date for paragraphs 
(c)(1)(i)(B), (c)(1)(ii)(C), and (c)(1)(ii)(F) of this section is May 
21, 1990. The effective date for paragraphs (c)(1)(ii)(A), 
(c)(3)(ii)(A), and (e)(1)(ii), of this section is May 21, 1991. The 
effective date for paragraph (e)(2)(ii)(A) is June 12, 1992. The 
effective date for paragraph (e)(2)(ii)(B) is May 28, 1993.

[[Page 261]]

    (2) The guidelines and other test methods cited in this rule are 
referenced as they exist on the effective date of the final rule.

[54 FR 49294, Nov. 30, 1989, as amended at 55 FR 12644, Apr. 5, 1990; 56 
FR 23231, May 21, 1991; 57 FR 24961, June 12, 1992; 58 FR 30992, May 28, 
1993; 58 FR 34205, June 23, 1993]



Sec. 799.4360  Tributyl phosphate.

    (a) Identification of test substance. (1) Tributyl phosphate (TBP, 
CAS No. 126-73-8) shall be tested in accordance with this section.
    (2) TBP of at least 99 percent purity shall be used as the test 
substance.
    (b) Persons required to submit study plans, conduct tests, and 
submit data. All persons who manufacture (including import and byproduct 
manufacture) or process or intend to manufacture or process TBP, other 
than as an impurity, from the effective date of the final rule to the 
end of the reimbursement period shall submit letters of intent to 
conduct testing, submit study plans, conduct tests, and submit data, or 
submit exemption applications as specified in this section, subpart A of 
this part, and part 790 of this chapter for single-phase rulemaking.
    (c) Health effects testing--(1) Neurotoxicity--(i) Required testing. 
(A)(1) An acute and subchronic functional observational battery shall be 
conducted with TBP in accordance with Sec. 798.6050 of this chapter 
except for the provisions of paragraphs (d) (5) and (6) of 
Sec. 798.6050.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Animal selection. Testing shall be performed in laboratory rats.
    (ii) Duration of testing. For the acute testing, the substance shall 
be administered over a period not to exceed 24 hours; for the subchronic 
testing, test species shall be exposed daily for at least 90 days.
    (iii) Route of exposure. Animals shall be exposed to TBP orally.
    (B)(1) An acute and subchronic motor activity test shall be 
conducted with TBP in accordance with Sec. 798.6200 of this chapter 
except for the provisions of paragraphs (d) (5) and (6) of 
Sec. 798.6200.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Animal selection. Testing shall be performed in laboratory rats.
    (ii) Duration of testing. For the acute testing, the substance shall 
be administered over a period not to exceed 24 hours; for the subchronic 
testing, test species shall be exposed daily for at least 90 days.
    (iii) Route of administration. Animals shall be exposed to TBP 
orally.
    (C)(1) A neuropathology test shall be conducted with TBP in 
accordance with Sec. 798.6400 of this chapter except for the provision 
of paragraphs (d)(1)(i) (5) and (6) of Sec. 798.6400.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Animal selection. Testing shall be performed in laboratory rats.
    (ii) Duration of testing. Animals shall be exposed for at least a 
90-day period.
    (iii) Route of administration. Animals shall be exposed to TBP 
orally.
    (ii) Reporting requirements--(A) The neurotoxicity tests required 
under paragraph (c)(1)(i) (A), (B), and (C) of this section shall be 
completed and final reports submitted to EPA within 18 months of the 
effective date of the final rule.
    (B) An interim progress report for these neurotoxicity tests shall 
be submitted to EPA 6 months after the effective date of the final rule.
    (2) Developmental toxicity--(i) Required testing. (A) A 
developmental toxicity study shall be conducted with TBP in accordance 
with Sec. 798.4900 of this chapter, except for the provisions of 
paragraph (e)(5) of Sec. 798.4900.
    (B) for the purpose of this section, the following provision also 
applies:
    (1) Route of administration. The animals shall be exposed to TBP by 
gavage.
    (2) [Reserved]
    (ii) Reporting requirements. (A) The developmental toxicity study 
required under paragraph (c)(2) of this section shall be completed and a 
final report submitted to EPA by January 27, 1991.
    (B) An interim progress report shall be submitted to EPA 6 months 
after the effective date of the final rule.
    (3) Reproductive and fertility--(i) Required testing. (A) A 
reproduction and fertility study shall be conducted with TBP in 
accordance with Sec. 798.4700 of

[[Page 262]]

this chapter, except for the provisions of paragraph (c)(5)(i)(A) of 
Sec. 798.4700.
    (B) for the purpose of this section, the following provisions also 
apply:
    (1) Route of administration. Animals should be exposed to TBP by 
gavage.
    (2) [Reserved]
    (ii) Reporting requirements. (A) The reproduction and fertility 
effects study required under paragraph (c)(3) of this section shall be 
completed and a final report submitted to EPA by August 17, 1992.
    (B) Interim program reports shall be submitted to EPA at 6 month 
intervals, beginning 6 months after the effective date of the final 
rule, until the final report is submitted to EPA.
    (4) Mutagenic effects--Gene mutation--(i) Required testing. (A) A 
detection of gene mutation in somatic cells in culture test shall be 
conducted with TBP in accordance with Sec. 798.5300 of this chapter.
    (B)(1) If TBP produces a positive result in the assay conducted 
pursuant to paragraph (c)(4)(i)(A) of this section, a sex-linked 
recessive lethal test in Drosophila melanogaster shall be conducted with 
TBP in accordance with Sec. 798.5275 of this chapter, except for the 
provisions of paragraph (d)(5)(iii) of Sec. 798.5275.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Route of administration. Animals shall be exposed to TBP orally.
    (ii) [Reserved]
    (iii) Reporting requirements. (A) The somatic cells in culture assay 
shall be completed and the final report submitted to EPA, within 10 
months after the effective date of the final rule. If required, the 
Drosophila sex-linked recessive lethal assay shall be completed and the 
final report submitted to EPA within 22 months after the effective date 
of the final rule.
    (B) Interim progress reports shall be submitted to EPA at 6 month 
intervals beginning 6 months after initiation of the sex-linked 
recessive lethal test in Drosophila until the applicable final reports 
are submitted to EPA.
    (5) Mutagenic effects--Chromosomal aberration--(i) Required testing. 
(A) An in vitro mammalian cytogenetics test shall be conducted with TBP 
in accordance with Sec. 798.5375 of this chapter.
    (B)(1) If TBP produces a negative result in the in vitro 
cytogenetics test conducted pursuant to paragraph (c)(5)(i)(A) of this 
section, an in vivo mammalian bone marrow cytogenetics test shall be 
conducted with TBP in accordance with Sec. 798.5385 of this chapter, 
except for the provisions of paragraph (d)(5)(iii) of Sec. 798.5385.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Route of administration. Animals shall be exposed to TBP orally.
    (ii) [Reserved]
    (C)(1) If TBP produces a positive result in either the in vitro or 
the in vivo cytogenetics test conducted pursuant to paragraphs (c)(5)(i) 
(A) and (B) of this section, a rodent dominant-lethal assay shall be 
conducted with TBP in accordance with Sec. 798.5450 of this chapter, 
except for the provisions of paragraph (d)(5)(iii) of Sec. 798.5450.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Route of administration. Animals shall be exposed orally to TBP.
    (ii) [Reserved]
    (D)(1) A rodent heritable trans- location assay shall be conducted 
with TBP if the dominant-lethal assay conducted for TBP pursuant to 
paragraph (c)(5)(i)(C) of this section produces a positive result, and 
if, after a public program review, EPA issues a Federal Register notice 
or sends a certified letter to the test sponsor specifying that the 
testing shall be initiated. This test shall be conducted in accordance 
with Sec. 798.5460 of this chapter except for the provisions of 
paragraph (d)(5)(iii) of Sec. 798.5460.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Route of administration. Animals shall be exposed to TBP orally.
    (ii) [Reserved]
    (ii) Reporting requirements. (A)(1) The in vitro mammalian 
cytogenetics test shall be completed and the final report submitted to 
EPA within 10 months after the effective date of the final rule.
    (2) If required, the in vivo mammalian bone-marrow cytogenetics test 
shall be completed and the final report submitted to EPA within 24 
months after the effective date of the final rule.

[[Page 263]]

    (3) If required, the dominant lethal assay shall be completed and 
the final report submitted to EPA within 36 months after the effective 
date of the final rule.
    (4) If required, the heritable translocation assay shall be 
completed and the final report submitted to EPA within 25 months after 
the date of EPA's notification of the test sponsor under paragraph 
(c)(5)(i)(D) of this section that testing shall be initiated.
    (B) Interim progress reports shall be submitted to EPA at 6 month 
intervals beginning 6 months after initiation of the rodent dominant 
lethal assay and the rodent heritable translocation assay respectively, 
if required, until the applicable final reports are submitted to EPA.
    (6) Oncogenicity--(i) Required testing. (A) An oncogenicity test 
shall be conducted with TBP in accordance with Sec. 798.3300 of this 
chapter except for the provisions of paragraphs (b)(1)(i), (b)(6)(i) and 
(b)(9), of Sec. 798.3300.
    (B) For the purpose of this section, the following provisions also 
apply:
    (1) Animal selection. TBP shall be tested in Sprague-Dawley rats and 
in mice.
    (2) Route of administration. Animals shall be exposed to TBP orally.
    (3) Clinical examinations. At 12 months, 18 months and during month 
24, a blood smear shall be obtained from all animals. A differential 
blood count shall be performed on blood smears from those animals in the 
highest dosage group and the controls. If these data, or data from the 
pathological examination indicate a need, then the 12- and 18-month 
blood smears from other dose levels shall also be examined. Differential 
blood counts shall be performed for the next lower group(s) if there is 
a major discrepancy between the highest group and the controls. If 
clinical observations suggest a deterioration in health of the animals 
during the study, a differential blood count of the affected animals 
shall be performed.
    (ii) Reporting requirements. (A) The oncogenicity test required 
under paragraph (c)(6) of this section shall be completed and a final 
report submitted to EPA within 53 months of the effective date of the 
final rule.
    (B) Interim progress reports shall be submitted to EPA at 6 month 
intervals beginning 6 months after the effective date of the final rule, 
until the final report is submitted to EPA.
    (7) Dermal sensitization--(i) Required testing. A dermal 
sensitization test shall be conducted with TBP in accordance with 
Sec. 798.4100 for this chapter.
    (ii) Reporting requirements. The dermal sensitization test shall be 
completed and the final report submitted to EPA within 6 months of the 
effective date of the final rule.
    (8) Oral/Dermal Pharmacokinetics--(i) Required testing. (A) A 
pharmaco- kinetics test shall be conducted with TBP in accordance with 
Sec. 795.228 of this chapter, except for the provisions of paragraphs 
(c)(1)(iii)(B), (c)(2)(ii)(C)(1) and (c)(2)(ii)(C)(2) of Sec. 795.228.
    (B) For the purposes of this section, the following provisions also 
apply:
    (1) Animal care. During the acclimatization period, the animals 
shall be housed in suitable cages. All animals shall be provided with 
certified feed and tap water ad libitum.
    (2) Dermal treatment. For dermal treatment, two doses, comparable to 
the low and high oral doses, shall be dissolved in a suitable vehicle 
and applied in volumes adequate to deliver comparable doses. The backs 
of the animals should be lightly clipped with an electric clipper 24 
hours before treatment. The test substance shall be applied to the 
intact clipped skin (approximately 2 cm2 for rats, 40 
cm2 for mini-pigs). The dosed areas shall be protected with a 
suitable porous covering which is secured in place, and the animals 
shall be housed separately.
    (ii) Reporting requirements. (A) The pharmacokinetics test required 
in paragraph (c)(8)(i) of this section shall be completed and the final 
report submitted to EPA by December 26, 1992.
    (B) Interim 6 month progress reports shall be submitted to EPA 
beginning at 6 months after the effective date of the final rule and 
continuing until submission of the final report.
    (d) Environmental effects testing--(1) Algal acute toxicity--(i) 
Required testing. (A) Algal acute toxicity testing shall be conducted 
with TBP using

[[Page 264]]

Selenastrum capricornutum in accordance with Sec. 797.1050 of this 
chapter except for the provisions of paragraphs (c)(6)(i)(A),(B), and 
(ii) of Sec. 797.1050.
    (B) For the purpose of this section, the following provisions also 
apply:
    (1) Summary of the test. The algal cells at the end of 24, 48, and 
72 hours shall be enumerated.
    (2) Chemical measurement. The final separation of the algal cells 
from the test solution shall be done using an ultrafiltration (e.g., 
0.45 micrometer pore size) technique. The total and dissolved (e.g., 
filtered) concentrations of the test substance shall be measured in each 
test chamber and the delivery chamber before the test and in each test 
chamber at 0 and 96 hours.
    (ii) Reporting requirements. The algal acute toxicity test required 
in paragraph (d)(1) of this section shall be completed and the final 
report submitted to EPA within 9 months of effective date of the final 
rule.
    (2) Fish acute toxicity--(i) Required testing. (A) Fish acute 
toxicity testing shall be conducted with TBP using Salmo gairdneri 
(rainbow trout) in accordance with Sec. 797.1400 of this chapter.
    (B) For the purpose of this section, the following provisions also 
apply:
    (1) Chemical measurement. The total and dissolved (e.g., filtered) 
concentrations of the test substance shall be measured in each test 
chamber delivery chamber before the test. If the dissolved test 
substance concentration is greater than 80 percent of total test 
substance concentration, then only total or dissolved test concentration 
shall be measured in each chamber at 0, 48, and 96 hours. If the 
dissolved test substance concentration is less than or equal to 80 
percent of total test substance, then total and dissolved test substance 
concentration shall be measured at 0, 48 and 96 hours.
    (2) Test procedures. The test shall be performed under flow-through 
conditions.
    (ii) Reporting requirements. The fish acute toxicity test shall be 
completed and the final report submitted to EPA within 9 months of the 
effective date of the final rule.
    (3) Daphnid acute toxicity--(i) Required testing. (A) Daphnid acute 
toxicity testing shall be conducted with TBP using Daphnia magna or D. 
pulex in accordance with Sec. 797.1300 of this chapter.
    (B) For the purpose of this section, the following provisions also 
apply:
    (1) Chemical measurement. The total and dissolved (e.g., filtered) 
concentrations of the test substance shall be measured in each test 
chamber and the delivery chamber before the test. If the dissolved test 
substance concentration is greater than 80 percent of total test 
substance concentration, then only total or dissolved test concentration 
shall be measured in each chamber at 0, 24, and 48 hours. If the 
dissolved test substance concentration is less than or equal to 80 
percent of total test substance, then total and dissolved test substance 
concentration shall be measured at 0, 29, and 48 hours.
    (2) Test procedures. The test shall be performed under flow-through 
conditions.
    (ii) Reporting requirements. The daphnid acute toxicity test shall 
be completed and the final report submitted to EPA within 9 months of 
the effective date of the final rule.
    (4) Gammarid acute toxicity--(i) Required testing. (A) Gammarid 
acute toxicity testing shall be conducted with TBP using Gammarus 
lacustris, G. fasciatus, or G. pseudolimnaeus in accordance with 
Sec. 795.120 of this chapter.
    (B) For the purpose of this section, the following provisons also 
apply:
    (1) Chemical measurement. The total and dissolved (e.g., filtered) 
concentrations of the test substance shall be measured in each test 
chamber and the delivery chamber before the test. If the dissolved test 
substance concentration is greater than 80 percent of total test 
substance concentration, then only total or dissolved test concentration 
shall be measured in each chamber at 0, 48, and 96 hours. If the 
dissolved test substance concentration is less than or equal to 80 
percent of total test substance, then total and dissolved test substance 
concentration shall be measured at 0, 48, and 96 hours.
    (2) Test procedures. The test shall be performed under flow-through 
conditions.
    (ii) Reporting requirements. The Gammarid acute toxicity test shall 
be completed and the final report submitted

[[Page 265]]

to EPA within 9 months of the effective date of the final rule.
    (5) Daphnid chronic toxicity--(i) Required testing. (A) Daphnid 
chronic toxicity testing shall be conducted with TBP using Daphnia magna 
or D. pulex in accordance with Sec. 797.1330 of this chapter, if the 
algal EC50, the rainbow trout LC50, the daphnid EC50, or the gammarid 
LC50 determined in accordance with paragraphs (d)(1), (2), (3) and (4) 
of this section satisfy the following criteria: Any such value is 
 1 mg/L; or any fish or aquatic invertebrate EC50 or LC50 is 
 100 mg/L and either the rainbow trout or gammarid 24-hour to 
96-hour LC50 ratio  2, or the daphnid 24-hour to 48-hour EC50 
or LC50 ratio is  2.
    (B) For the purpose of this section, the following provisions also 
apply:
    (1) Chemical measurement. The total and dissolved (e.g., filtered) 
concentrations of the test substance shall be measured in each test 
chamber and the delivery chamber before the test. If the dissolved test 
substance concentration is greater than 80 percent of total test 
substance concentration, then only total or dissolved test substance 
concentration shall be measured in each test chamber at 0, 7, 14, and 21 
days. If the dissolved test substance concentration is less than or 
equal to 80 percent of total test substance concentration, then total 
and dissovled test substance concentration shall be measured at 0, 7, 
14, and 21 days.
    (2) Test procedures. The test shall be performed under flow-through 
conditions.
    (ii) Reporting requirements. (A) The daphnid chronic toxicity test, 
if required, shall be completed and the final report submitted to EPA by 
September 27, 1991.
    (B) An interim progress report shall be submitted to EPA 6 months 
after the initiation of the test.
    (6) Fish early-life stage toxicity--(i) Required testing. A fish 
early-life stage toxicity test shall be conducted with TBP in accordance 
with Sec. 797.1600 of this chapter, using the fish with the lower LC50 
value (either the rainbow trout (Salmo gairdneri) or the fathead minnow 
(Pimephales promelas)), if the algal EC50, the rainbow trout LC50, the 
gammarid LC50 or the daphnid EC50 determined in accordance with 
paragraphs (d)(1), (2), (3), and (4) of this section satisfy the 
following criteria: Any such value is  1 mg/L; or any fish or 
aquatic invertebrate EC50 or LC50 is  100 mg/L and either the 
rainbow trout or gammarid 24 hour to 96 hour LC50 ratio  2, 
or the daphnid 24-hour to 48-hour EC50 or LC50 ratio is  2.
    (ii) Reporting requirements. (A) The fish early-life stage flow-
through toxicity test shall be completed and the final report submitted 
to EPA by December 27, 1991.
    (B) An interim progress report shall be submitted to EPA 6 months 
after the initiation of the test.
    (7) Benthic sediment invertebrate bioassay--(i) Required testing. 
(A) A benthic sediment invertebrate bioassay shall be conducted on TBP 
with the midge (Chironomus tentans) if chronic toxicity testing is 
required pursuant to paragraph (d)(5) of this section and if the log Koc 
calculated according to paragraph (e)(2)(B)(1) of this section is 
greater than or equal to 3.5 but less than or equal to 6.5. The total 
aqueous sediment concentrations and interstitial water concentrations of 
the test substance shall be measured in each test chamber at 0, 4, 7, 
10, and 14 days. The aqueous concentrations of the test substance in the 
delivery chamber shall be measured at 0, 4, 7, 10, and 14 days. TBP-
spiked clean freshwater sediments containing low, medium, and high 
organic carbon content shall be used.
    (B) The benthic sediment invertebrate bioassay shall be conducted 
according to the test procedure specified in the American Society for 
Testing and Materials, Special Technical Publication 854 (ASTM STP 854) 
entitled, ``Aquatic Safety Assessment of Chemicals Sorbed to 
Sediments,'' by W.J. Adams, R.A. Kimerle, and R.G. Mosher, published in 
Aquatic Toxicity and Hazard Assessment: Seventh Symposium, ASTM STP 854, 
pp. 429-453, R.D. Caldwell, R. Purdy, and R.C. Bahner, Eds., 1985 which 
is incorporated by reference. This published procedure is available for 
public inspection at the Office of Federal Register, 800 North

[[Page 266]]

Capitol Street, NW., suite 700, Washington, DC 20408, and copies may be 
obtained from the Non-Confidential Information Center (NCIC) (7407), 
Office of Pollution Prevention and Toxics, U.S. Environmental Protection 
Agency, Room B-607 NEM, 401 M St., SW., Washington, DC 20460, between 
the hours of 12 p.m. and 4 p.m. weekdays excluding legal holidays.This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 522(a) and 1 CFR part 51. The 
method is incorporated as it exists on the effective date of this rule 
and a notice of any change to the method will be published in the 
Federal Register.
    (ii) Reporting requirements. (A) The benthic sediment invertebrate 
bioassay, if required, shall be completed and the final report submitted 
to EPA within 21 months of the effective date of the final rule.
    (B) An interim progress report shall be submitted to EPA for the 
benthic sediment invertebrate bioassy 6 months after the initiation of 
the test.
    (e) Chemical fate testing--(1) Vapor pressure--(i) Required testing. 
Vapor pressure testing shall be conducted with TBP in accordance with 
Sec. 796.1950 of this chapter.
    (ii) Reporting requirements. The vapor pressure test required in 
paragraph (d)(1) of this section shall be completed and the final report 
submitted to EPA by September 27, 1990.
    (2) Sediment and soil adsorption isotherm--(i) Required testing. 
Sediment and soil absorption isotherm testing shall be conducted with 
TBP in accordance with Sec. 796.2750 of this chapter and EPA will 
provide two soil and two sediment samples.
    (ii) Reporting requirements. (A) The sediment and soil absorption 
isotherm test required under paragraph (d)(2) of this section shall be 
completed and the final report submitted to EPA by September 27, 1990.
    (B) For the purpose of this section, the following provisions also 
apply:
    (1) A Koc value shall be calculated for each test sediment using the 
equation Koc=K/ (percent of organic carbon in test sediment).
    (2) [Reserved]
    (3) Hydrolysis as a function of pH at 25  deg.C--(i) Required 
testing. Hydrolysis testing shall be completed with TBP in accordance 
with Sec. 796.3500 of this chapter.
    (ii) Reporting requirements. The hydrolysis test required under 
paragraph (e)(3)(i) of this section shall be completed and the final 
report submitted to EPA by September 27, 1990.
    (f) Effective date. (1) The effective date of this final rule is 
September 27, 1989, except for paragraphs (c)(2)(ii)(A), (c)(3)(ii)(A), 
(c)(6)(i)(A), (c)(6)(i)(B)(3), (c)(8)(i), (c)(8)(ii)(A), (d)(5)(ii)(A), 
(d)(6)(ii)(A), (e)(1)(ii), (e)(2)(ii)(A), and (e)(3)(ii) of this 
section. The effective date for paragraphs (c)(2)(ii)(A), (c)(3)(ii)(A), 
(c)(8)(i), (e)(1)(ii), (e)(2)(ii)(A), and (e)(3)(ii) of this section is 
May 21, 1991. The effective date for (c)(8)(ii)(A), (d)(5)(ii)(A), and 
(d)(6)(ii)(A) of this section is June 12, 1992. The effective date for 
(c)(6)(i)(A), (c)(6)(i)(B)(3), and (c)(8)(ii)(A) is May 28, 1993.
    (2) The guidelines and other test methods cited in this rule are 
referenced as they exist on the effective date of the final rule.

[54 FR 33413, Aug. 14, 1989; 56 FR 23231, May 21, 1991, as amended at 57 
FR 24961, June 12, 1992; 58 FR 30992, May 28, 1993; 58 FR 34205, June 
23, 1993; 60 FR 34467, July 3, 1995]



Sec. 799.4440  Triethylene glycol monomethyl ether.

    (a) Identification of test substance. (1) Triethylene glycol 
monomethyl ether (TGME, CAS No. 112-35-6) shall be tested in accordance 
with this section.
    (2) TGME of at least 90 percent purity shall be used as the test 
substance.
    (b) Persons required to submit study plans, conduct tests, and 
submit data. All persons who manufacture or process TGME, other than as 
an impurity, after May 17, 1989, to the end of the reimbursement period 
shall submit letters of intent to conduct testing, submit study plans, 
conduct tests and submit data, or submit exemption applications as 
specified in this section, subpart A of this part, and parts 790 and 792 
of this chapter for single-phase rulemaking.
    (c) Developmental neurotoxicity--(1) Required testing. Developmental 
neurotoxicity testing shall be performed in the Sprague-Dawley rat by 
gavage in

[[Page 267]]

accordance with Sec. 795.250 of this chapter except for the provision in 
paragraph (c)(3)(iii) of Sec. 795.250.
    (2) For the purpose of this section, the following provisions also 
apply:
    (i) Number of animals. The objective is for a sufficient number of 
pregnant rats to be exposed to ensure that an adequate number of 
offspring are produced for neurotoxicity evaluation. At least 24 litters 
are recommended at each dose level.
    (ii) Dose levels and dose selection. In the absence of developmental 
toxicity or maternal toxicity the maximum dose shall be 5 grams/
kilogram.
    (3) Reporting requirements--(i) The developmental neurotoxicity test 
shall be completed and the final report submitted to EPA within 21 
months of the initiation of the test.
    (ii) Progress reports shall be submitted to EPA at 6- month 
intervals, beginning six months after the initiation of the test.
    (d) Effective date. (1) The effective date of this final rule is May 
17, 1989, except for paragraph (c)(2)(i) and (c)(3)(i) of this section. 
The effective date for paragraph (c)(2)(ii) and (c)(3)(i) of this 
section is May 21, 1991.
    (2) The guidelines and other test methods cited in this rule are 
referenced as they exist on the effective date of the final rule.

[54 FR 13477, Apr. 3, 1989; 56 FR 23232, May 21, 1991, as amended at 58 
FR 34205, June 23, 1993]



                    Subpart C--Testing Consent Orders



Sec. 799.5000  Testing consent orders for substances and mixtures with Chemical Abstract Service Registry Numbers.

    This section sets forth a list of substances and mixtures which are 
the subject of testing consent orders adopted under 40 CFR part 790. 
Listed below in Chemical Abstract Service (CAS) Registry Number order 
are the substances and mixtures which are the subject of these orders 
and the Federal Register citations providing public notice of such 
orders.

------------------------------------------------------------------------
                   Substance or                          FR Publication
  CAS Number       mixture name          Testing              Date
------------------------------------------------------------------------
67-64-1.......  Acetone...........  Health effects...  January 23, 1995.
 
71-55-6.......  1,1,1-              Health effects...  August 23, 1989.
                 Trichloroethane.
 
78-83-1.......  Isobutyl alcohol..  Health effects...  January 23, 1995.
 
79-10-7.......  Acrylic Acid......  Health effects...  March 4, 1992.
 
84-74-2.......  Di-n-butyl          Environmental      January 9, 1989.
                 phthalate.          effects.
 
84-75-3.......  Di-n-hexyl          Environmental      January 9, 1989.
                 phthalate.          effects.
 
  ............  ..................  Chemical fate....  January 9, 1989.
 
100-40-3......  4-Vinylcyclohexene  Health effects...  September 23,
                                                        1991.
  ............    ................  Chemical fate....  September 23,
                                                        1991.
 
106-91-2......  Glycidyl            Health effects...  January 26, 1995.
                 methacrylate.
 
108-10-1......  Methyl isobutyl     Health effects...  January 23, 1995.
                 ketone.
 
109-99-9......  Tetrahydrofuran...  Health effects...  January 23, 1995.
 
110-82-7......  Cyclohexane.......  Health Effects     November 18,
                                     and                1994.
                                     Environmental
                                     Releases Report.
 
112-35-6......  Triethylene glycol  Health effects...  April 3, 1989.
                 monomethyl ether.
 
112-50-5......  Triethylene glycol  Health effects...  April 3, 1989.
                 monoethyl ether.
 
117-81-7......  Di-2-ethylhexyl     Chemical fate....  January 9, 1989.
                 phthalate.
 
119-06-2......  Ditridecyl          Chemical fate....  January 9, 1989.
                 phthalate.
 
123-86-4......  N-butyl acetate...  Health effects...  January 23, 1995.
 
131-11-3......  Dimethly phthalate  Environmental      January 9, 1989.
                                     effects.
 
141-78-6......  Ethyl acetate.....  Health effects...  January 23, 1995.
 
141-79-7......  Mesityl oxide.....  Health effects...  September 5,
                                                        1991.
 
143-22-6......  Triethylene glycol  Health effects...  January 9, 1989.
                 monobutyl ether.
 
143-33-9......  Sodium cyanide....  Chemical fate....  December 17,
                                                        1991.
  ............    ................  Terrestrial        December 17,
                                     effects.           1991.
 
556-67-2......  Octamethylcyclo-    Chemical fate....  January 10, 1989.
                 tetrasiloxane.
  ............    ................  Environmental      January 10, 1989.
                                     effects.
 

[[Page 268]]

 
628-63-7......  N-amyl acetate....  Health effects...  January 23, 1995.
 
872-50-4......  N-                  Health effects...  November 23,
                 methylpyrrolidone.                     1993.
 
994-05-8......  Tertiary-amyl       Health effects...  March 21, 1995.
                 methyl ether.
 
1634-04-4.....  Methyl tert-butyl   Health effects...  March 31, 1988.
                 ether.
 
2461-18-9.....  Lauryl glycidyl     Health effects...  June 11, 1996.
                 ether\1\.
 
3618-72-2.....  C.I. Disperse Blue  Health effects...  November 21,
                 79:1 Acetamide,N-                      1989.
                 [5-[bis[2-
                 (acetyloxy)
                 ethyl]amino]-2-
                 [(2-bromo-4, 6-
                 dinitrophenyl)
                 azo]-4-
                 methoxyphenyl]-.
 
  ............    ................  Environmental      November 21,
                                     effects.           1989.
 
3648-20-2.....  Diundecyl           Environmental      January 9, 1989.
                 phthalate.          effects.
 
4170-30-3.....  Crotonaldehyde....  Environmental      November 9, 1989.
                                     effects.
 
  ............  ..................  Chemical fate....  November 9, 1989.
 
4675-54-3.....  Bisphenol A         Health effects...  August 1, 1994.
                 diglycidyl ether.  Exposure
                                     evaluation.
 
15965-99-8....  Hexadecyl glycidyl  Health effects...  June 11, 1996.
                 ether\1\.
 
16245-97-9....  n-Octadecyl         Health effects...  June 11, 1996.
                 glycidyl ether\1\.
 
26761-40-0....  Diisodecyl          Chemical fate....  January 9, 1989.
                 phthalate.
 
38954-75-5....  Tetradecyl          Health effects...  June 11, 1996.
                 glycidyl ether\1\.
 
68081-84-5....  Alkyl (C10-C16)     Health effects...  June 11, 1996.
                 glycidyl ether\1\.
 
68515-47-9....  Ditridecyl          Chemical fate....  January 9, 1989.
                 phthalate (mixed
                 isomers).
 
68515-49-1....  Diisodecyl          Chemical fate....  January 9, 1989.
                 phthalate (mixed
                 isomers).
 
68515-50-4....  Dihexyl phthalate   Environmental      January 9, 1989.
                 (mixed isomers).    effects.
 
  ............    ................  Chemical fate....  January 9, 1989.
 
68609-97-2....  Alkyl (C12-C14)     Health effects...  June 11, 1996.
                 glycidyl ether\1\.
 
84852-15-3*...  4-Nonylphenol,      Environmental      February 21,
                 branched.           effects.           1990.
 
  ............  ..................  Chemical fate....  February 21,
                                                        1990.
 
120547-52-6...  Alkyl (C12-C13)     Health effects...  March 22, 1996.
                 glycidyl ether.
 
142844-00-6...  Refractory ceramic  Exposure           May 14, 1993.
                 fibers.             monitoring.
------------------------------------------------------------------------
\1\ As represented by alkyl (C12-C13) glycidyl ether (CAS No. 120547-52-
  6)


[57 FR 18829, May 1, 1992, as amended at 57 FR 24961, June 12, 1992; 58 
FR 28520, May 14, 1993; 58 FR 34205, June 23, 1993; 58 FR 61816, Nov. 
23, 1993; 59 FR 38920, Aug. 1, 1994; 59 FR 59663, Nov. 18, 1994; 60 FR 
4519, Jan. 23, 1995; 60 FR 5140, Jan. 26, 1995; 60 FR 14911, Mar. 21, 
1995; 60 FR 31924, June 19, 1995; 61 FR 11742, Mar. 22, 1996; 61 FR 
29487, June 11, 1996]



Sec. 799.5025  Testing consent orders for mixtures without Chemical Abstracts Service Registry Numbers.

    This section sets forth a list of mixtures (with no Chemical 
Abstracts Service Registry Numbers) which are the subject of testing 
consent orders adopted under 40 CFR part 790. Listed below are the 
mixtures which are the subject of these orders and the Federal Register 
citations providing public notice of such orders.

------------------------------------------------------------------------
   Mixture/substance (CAS No.)        Required test       FR citation
------------------------------------------------------------------------
Di(heptyl, nonyl, undecyl)
 phthalate (D711P) as a mixture
 of the following six substances:
  (1) diheptyl phthalate           Environmental       January 9, 1989.
   (branched and linear isomers),   effects.
   CAS No. 68515-44-6
  (2) dinonyl phthalate (branched  ......do..........  Do.
   and linear isomers), CAS No.
   68515-45-7
  (3) di(heptyl, nonyl) phthalate  ......do..........  Do.
   (branched and linear isomers),
   CAS No. 111381-89-6
  (4) diundecyl phthalate          ......do..........  Do.
   (branched and linear isomers),
   CAS No. 3648-20-2
  (5) di(heptyl, undecyl)          ......do..........  Do.
   phthalate (branched and linear
   isomers), CAS No., 111381-90-9
  (6) di(nonyl, undecyl)           ......do..........  Do.
   phthalate (branched and linear
   isomers), CAS No. 111381-91-0)
------------------------------------------------------------------------



[[Page 269]]

[55 FR 3059, Jan. 30, 1990]



                   Subpart D--Multichemical Test Rules



Sec. 799.5055  Hazardous waste constituents subject to testing.

    (a) Identification of test substances. (1) The table in paragraph 
(c) of this section identifies those chemical substances that shall be 
tested in accordance with this section.
    (2) Substances of at least 98-percent purity shall be used as the 
test substances.
    (b) Persons required to submit study plans, conduct tests, and 
submit data. All persons who manufacuture (including import or 
manufacture as a byproduct) or process or intend to manufacture or 
process one or more of the substances in paragraph (c) of this section, 
other than as an impurity, after July 29, 1988, to the end of the 
reimbursement period shall submit letters of intent to conduct testing, 
submit study plans, conduct tests, and submit data, or submit exemption 
applications for those substances they manufacture or process, or intend 
to manufacture or process, as specified in this section, subpart A of 
this part, and parts 790 and 792 of this chapter for single-phase 
rulemaking.
    (c) Designation of testing. The substances identified in the 
following table by name and CAS number shall be tested in accordance 
with the designated requirements under paragraphs (d) and (e) of this 
section. The paragraph numbers listed for a substance refer to the 
specific testing and reporting requirements specified in paragraphs (d) 
and (e) of this section.

------------------------------------------------------------------------
                                                  Required testing under
           Chemical name               CAS No.    paragraphs (d) and (e)
                                                      of this section
------------------------------------------------------------------------
Acetamide, 2-fluoro................     640-19-7  (e)(1)
Bis(2-chloroethoxy)methane.........     111-91-1  (d)(2), (e)(1)
Bis(2-chloroisopropyl)ether........     108-60-1  (d)(2)
4-Bromobenzyl cyanide..............   16532-79-9  (d)(1), (2), (e)(1)
Bromoform..........................      75-25-2  (d)(2)
4-Chlorobenzo-trichloride..........    5216-25-1  (e)(1)
2,4-D..............................      94-75-7  (d)(2)
Dibromomethane 74-95-3 (d)(2)......
1,2-Dichlorobenzene................      95-50-1  (d)(2)
1,1-Dichloroethane.................      75-34-3  (d)(2)
1,3-Dichloropropanol...............      96-23-1  (d)(1), (e)(1)
Dihydrosafrole.....................      94-58-6  (d)(2)
Endrin.............................      72-20-8  (d)(2)
Ethyl methacrylate.................      97-63-2  (d)(2)
Maleic hydrazide...................     123-33-1  (d)(1), (2)
Malononitrile......................     109-77-3  (d)(1), (e)(1)
Methanethiol.......................      74-93-1  (d)(1)
Methyl chloride....................      74-87-3  (d)(2)
p- Nitrophenol.....................     100-02-7  (e)(1)
Pentachlorobenzene.................     608-93-5  (d)(2)
Pentachloroethane..................      76-01-7  (d)(2)
1,2,4,5-Tetrachlorobenzene.........      95-94-3  (d)(2)
Trichloromethanethiol..............      75-70-7  (d)(1), (2), (e)(1)
------------------------------------------------------------------------

    (d) Chemical fate testing--(1) Soil adsorption--(i) Required 
testing. A soil adsorption isotherm test shall be conducted with the 
substances designated in paragraph (c) of this section in accordance 
with Sec. 796.2750 of this chapter except that the provisions of 
Sec. 796.2750 (b)(1)(vii)(A) shall not apply to 1,3-Dichloropropanol.
    (ii) Reporting requirements. The sediment and soil adsorption 
isotherm tests shall be completed and the final results submitted to EPA 
within 9 months of the effective date of the final rule except that 
final results for testing of 1,3-Dichloropropanol and Methanethiol shall 
be completed and submitted to EPA within 11 months and 15 months, 
respectively, of the effective date of the final rule.
    (2) Hydrolysis--(i) Required testing. A test of hydrolysis as a 
function of pH at 25  deg.C shall be conducted with the substances 
designated in paragraph (c) of this section in accordance with 
Sec. 796.3500 of this chapter.
    (ii) Reporting requirements. The hydrolysis tests with the 
substances designated in paragraph (c) of this section shall be 
completed and the final results submitted to EPA within 6 months of the 
effective date of the final rule except that hydrolysis tests for 
Dibromomethane, Dihydrosafrole, Ethyl methacrylate, and Methyl chloride 
shall be completed and the final results submitted to EPA within 12 
months of the effective date of the final rule; and hydrolysis tests for 
1,2-Dichlorobenzene and 1,2,4,5-Tetrachlorobenzene shall be completed 
and final results submitted to EPA within 9

[[Page 270]]

months of the effective date of the final rule.
    (e) Health effects testing--(1) Subchronic toxicity--(i) Required 
test. (A) An oral gavage subchronic toxicity test shall be conducted in 
the rat with the substances designated in paragraph (c) of this section 
except for bis(2-chloroethoxy) methane (CAS No. 111-91-1) in accordance 
with Sec. 798.2650 of this chapter.
    (B) For Bis(2-chloroethoxy)methane, an oral gavage subchronic 
toxicity test shall be conducted in the rat in accordance with 
Sec. 798.2650 of this chapter except for the provisions in paragraphs 
(e)(9)(i)(A) and (e)(9)(i)(B). For Bis(2-chloroethoxy)methane, the 
following provisions also apply:
    (1) Hematology determinations shall be carried out at least two 
times during the test period: Just after dosing on day 30 and just prior 
to terminal sacrifice. Hematology determinations which are appropriate 
to all studies are: Hematocrit, hemoglobin concentration, erythrocyte 
count, total and differential leukocyte count, and a measure of clotting 
potential such as clotting time, prothrombin time, thromboplastin time, 
or platelet count.
    (2) Certain clinical biochemistry determinations on blood shall be 
carried out at least two times: Just after dosing on day 30 and just 
prior to terminal sacrifice. Test areas which are considered appropriate 
to all studies are: Electrolyte balance, carbohydrate metabolism, and 
liver and kidney function. The selection of specific tests will be 
influenced by observations on the mode of action of the substance. 
Suggested determinations are: Calcium, phosphorus, chloride, sodium, 
potassium, fasting glucose (with the period of fasting appropriate to 
the species), serum glutamic oxaloacetic transaminase (now known as 
serum aspartate aminotransferase), ornithine decarboxylase, gamma 
glutamyl transpeptidase, urea nitrogen, albumen blood creatinine, total 
bilirubin and total serum protein measurements. Other determinations 
which may be necessary for an adequate toxicological evaluation include: 
Analysis of lipids, hormones, acid/base balance, methemoglobin, and 
cholinesterase activity. Additional clinical biochemistry may be 
employed, where necessary, to extend the investigation of observed 
effects.
    (ii) Reporting requirements. (A) The oral gavage subchronic tests 
with the substances designated in paragraph (c) of this section shall be 
completed and submitted to EPA within 12 months of the effective date of 
the final rule except that the tests with Bis(2-chloroethoxy)methane, 
1,3-Dichloropropanol, and Malononitrile shall be completed and the 
results submitted to EPA within 15 months of the effective date of the 
final rule.
    (B) Progress reports for each test shall be submitted to the Agency 
6 months after the effective date of the final rule.
    (2) [Reserved]
    (f) Effective date. (1) The effective date of the final rule is July 
29, 1988, except for paragraphs (d)(1)(i), (d)(1)(ii), (d)(2)(ii), 
(e)(1)(i), and (e)(1)(ii)(A) of this section. The effective date of 
paragraphs (d)(1)(i), (d)(1)(ii), (d)(2)(ii), (e)(1)(i)(B) and 
(e)(1)(ii)(A) of this section is March 1, 1990. The effective date of 
paragraph (e)(1)(i)(A), is May 21, 1991.
    (2) The guidelines and other test methods cited here are referenced 
as they exist on the effective date of the final rule.

[53 FR 22324, June 15, 1988; 53 FR 48645, Dec. 2, 1988, as amended at 54 
FR 49760, Dec. 1, 1989; 55 FR 7324, Mar. 1, 1990; 56 FR 23232, May 21, 
1991; 58 FR 34205, June 23, 1993]



Sec. 799.5075  Drinking water contaminants subject to testing.

    (a) Identification of test substance. (1) 1,1,2,2-tetrachloroethane 
(CAS No. 79-34-5), and 1,3,5-trimethylbenzene (CAS No. 108-67-8) shall 
be tested as appropriate in accordance with this section.
    (2) A test substance of at least 99 percent purity shall be used for 
Chloroethane, 1,1-dichloroethane, and 1,3,5-trimethylbenzene. A test 
substance of at least 98 percent purity shall be used for 1,1,2,2-
tetrachloroethane.
    (b) Persons required to submit study plans, conduct tests, and 
submit data. All persons who manufacture (including import and by-
product manufacture) or process, or who intend to manufacture or 
process, the substances listed in paragraph (a) of this section after 
the

[[Page 271]]

effective date of this section to the end of the reimbursement period 
shall submit letters of intent to test, submit study plans, conduct 
tests, and submit data, or submit exemption applications as specified in 
this section, subpart A of this part, and parts 790 and 792 of this 
chapter for single-phase rulemaking, for the substances they manufacture 
subject to exclusions contained in Sec. 790.42(a)(2), (a)(4) and (a)(5). 
These sections provide that processors, persons who manufacture less 
than 500 kg (1,100 lbs) annually, or persons who manufacture small 
quantities of the chemical solely for research and development as 
defined in Sec. 790.42(a)(5) shall not be required to submit study 
plans, conduct tests and submit data, or submit exemption applications 
as specified in this section unless directed to do so in a subsequent 
notice as set forth in Sec. 790.48(b).
    (c) Health effects testing--(1) Subacute toxicity--(i) Required 
testing. (A) An oral 14-day repeated dose toxicity test shall be 
conducted with 1,1,2,2-tetrachloroethane, and 1,3,5-trimethylbenzene in 
accordance with Sec. 798.2650 of this chapter except for the provisions 
in Sec. 798.2650 (a), (b)(1), (c), (e)(3), (e)(4)(i), (e)(5), (e)(6), 
(e)(7)(i), (e)(7)(iv), (e)(7)(v), (e)(8)(vii), (e)(9)(i)(A), 
(e)(9)(i)(B), (e)(11)(v), and (f)(2)(i). Each substance shall be tested 
in one mammalian species, preferably a rodent, but a non-rodent may be 
used. The species and strain of animals used in this test should be the 
same as those used in the 90-day subchronic test required in paragraph 
(c)(2)(i) of this section. The tests shall be performed using drinking 
water. However, if, due to poor stability or palatability, a drinking 
water test is not feasible for a given substance, that substance shall 
be administered either by oral gavage, in the diet, or in capsules.
    (B) For the purpose of this section, the following provisions also 
apply:
    (1) Purpose. To assess and evaluate the toxic characteristics of a 
substance, the determination of subacute toxicity should be carried out 
after initial information on toxicity has been obtained by acute 
testing. The 14-day repeated dose oral study provides information on the 
health hazard likely to arise from repeated short-term exposure by the 
oral route over a very limited period of time. It has been designed to 
permit the determination of the no-observed-adverse-effect level and 
toxic effects associated with continuous or repeated exposure to a test 
substance for 14 days and to evaluate reversibility, persistence, and 
delayed occurrence of toxic effects during a 14-day follow-up recovery 
period. The test is not capable of determining those effects that have a 
long latency period for development (e.g., carcinogenicity and life 
shortening). It will provide information on target organs and the 
possibility of accumulation, and can be used in selecting dose levels 
for subchronic studies and for establishing safety criteria for short-
term human exposure.
    (2) Definitions. Subacute oral toxicity is the manifestation of 
adverse effect(s) occurring as a result of the repeated daily exposure 
of experimental animals to a substance by the oral route for 14 days.
    (3) Principle of the test method. The test substance is administered 
orally in graduated daily doses to several groups of experimental 
animals, one dose level per group, for a period of 14 days. During the 
period of administration the animals are observed daily to detect signs 
of toxicity. Animals which die during the period of administration are 
necropsied. At the conclusion of the test, all animals, except the 
satellite group, are necropsied and histopathological examinations are 
carried out. The satellite group is necropsied after the 14-day recovery 
period.
    (4) Satellite group (Rodent only). A satellite group of 20 animals 
(10 animals per sex) shall be treated with the high dose level for 14 
days and observed for reversibility, persistence, and delayed occurrence 
of toxic effects for a post-treatment recovery period of at least 14 
days.
    (5) Dose levels and dose selection. In subacute toxicity tests, it 
is desirable to have a dose response relationship as well as a NOAEL. 
Therefore, at least 3 dose levels with a control and, where appropriate, 
a vehicle control (corresponding to the concentration of vehicle at the 
highest exposure level)

[[Page 272]]

shall be used. Doses shall be spaced appropriately to produce test 
groups with a range of toxic effects. The data should be sufficient to 
produce a dose-response curve.
    (6) Exposure conditions. The animals are dosed with the test 
substance every day for 14 days.
    (7) Observation period. All animals shall be observed daily during 
the 14-day exposure period.
    (8) Observation period of satellite group. Animals in the satellite 
group scheduled for follow-up observations shall be kept for at least 14 
days further without treatment to detect recovery from, or persistence 
of, and delayed onset of toxic effects and shall be observed daily.
    (9) Administration of test substance. For substances of low 
toxicity, it is important to ensure that when administered in the 
drinking water, by gavage, in the diet, or in capsules, the quantities 
of the test substance involved do not interfere with normal nutrition. 
When the test substance is administered in the diet, either a constant 
dietary concentration (ppm) or a constant dose level in terms of the 
animals' body weight shall be used; the alternative used shall be 
specified in the final test report.
    (10) Time of administration of test substance. For a substance 
administered by gavage or capsule, the dose shall be given at 
approximately the same time each day, and adjusted on day 7 to maintain 
a constant dose level in terms of animal body weight.
    (11) Observation of animals. At the end of the 14-day exposure 
period, all survivors, except those in the satellite group, shall be 
necropsied. All survivors in the satellite group shall be necropsied 
after a recovery period of at least 14 days.
    (12) Hematology determinations. Certain hematology determinations 
shall be carried out at least two times during the test period: Just 
prior to initiation of dosing if adequate historical baseline data are 
not available (baseline data) and just prior to terminal sacrifice at 
the end of the test period. Hematology determinations which are 
appropriate to all studies are: Hematocrit, hemoglobin concentration, 
erythrocyte count, total and differential leukocyte count, and a measure 
of clotting potential such as clotting time, prothrombin time, 
thromboplastin time, or platelet count.
    (13) Clinical biochemical determinations. Certain clinical 
biochemistry determinations on blood should be carried out at least two 
times: Just prior to initiation of dosing (if adequate historical 
baseline data are not available) and just prior to terminal sacrifice at 
the end of the test period. Test areas which are considered appropriate 
to all studies are: Electrolyte balance, carbohydrate metabolism, and 
liver and kidney function. The selection of specific tests will be 
influenced by observations on the mode of action of the substance. 
Suggested determinations are: Calcium, phosphorus, chloride, sodium, 
potassium, fasting glucose (with the period of fasting appropriate to 
the species), serum alanine aminotransferase, serum aspartate 
aminotransferase, gamma glutamyl transpeptidase, urea nitrogen, albumin, 
blood creatinine, and total serum protein measurements. Other 
determinations which may be necessary for an adequate toxicological 
evaluation include: analyses of lipids, hormones, acid/base balance, 
methemoglobin, and cholinesterase activity. Additional clinical 
biochemistry may be employed, where necessary, to extend the 
investigation of observed effects.
    (14) Histopathology. Histopathology of the lungs of all animals 
shall be performed. Special attention to examination of the lungs of 
rodents shall be made for evidence of infection since this provides a 
convenient assessment of the state of health of the animals.
    (15) Evaluation of the study results. The findings of a subacute 
oral toxicity study should be evaluated in conjunction with the findings 
of preceding studies and considered in terms of the toxic effects and 
the necropsy and histopathological findings. The evaluation will include 
the relationship between the dose of the test substance and the presence 
or absence, the incidence and severity, of abnormalities, including 
behavioral and clinical abnormalities, gross lesions, identified target 
organs, body weight changes, effects on mortality and any other general 
or specific toxic effects. A properly

[[Page 273]]

conducted subacute test should provide a satisfactory estimation of a 
NOAEL.
    (ii) Reporting requirements. (A) Each subacute test shall be 
completed and the final report submitted to EPA within 12 months of the 
date specified in paragraph (d)(1) of this section, except for 1,1,2,2-
tetrachloroethane. The subacute testing for 1,1,2,2-tetrachloroethane. 
The subacute testing for 1,1,2,2-tetrachloroethane shall be completed 
and the final report submitted to EPA by February 15, 1996.
    (B) Except for 1,3,5-trimethylbenzene, a progress report shall be 
submitted to EPA for each test beginning 6 months after the date 
specified in paragraph (d)(1) of this section and at 6-month intervals 
thereafter until the final report is submitted to EPA . The progress 
report for 1,3,5-trimethylbenzene shall be submitted to EPA by April 10, 
1995.
    (2) Subchronic toxicity--(i) Required testing. (A) An oral 90-day 
subchronic toxicity test shall be conducted with 1,3,5-trimethylbenzene 
in accordance with Sec. 798.2650 of this chapter except for the 
provisions in Sec. 798.2650 (e)(3), (e)(7)(i), and (e)(11)(v). The tests 
shall be performed using drinking water. However, if, due to poor 
stability or palatability, a drinking water test is not feasible for a 
given substance, that substance shall be administered either by oral 
gavage, in the diet, or in capsules.
    (B) For the purpose of this section, the following provisions also 
apply:
    (1) Satellite group (Rodent only). A satellite group of 20 animals 
(10 animals per sex) shall be treated with the high dose level for 90 
days and observed for reversibility, persistence, and delayed occurrence 
of toxic effects for a post-treatment period of appropriate length, 
normally not less than 28 days.
    (2) Histopathology. Histopathology of the lungs of all animals shall 
be performed. Special attention to examination of the lungs of rodents 
shall be made for evidence of infection since this provides a convenient 
assessment of the state of health of the animals.
    (ii) Reporting requirements. (A) The subchronic testing for 
chloroethane shall be completed and the final report submitted to EPA by 
June 27, 1995. The subchronic testing for 1,1-dichloroethane and 
1,1,2,2-tetrachlorethane shall be completed and the final report 
submitted to EPA by August 27, 1995. The subchronic testing for 1,3,5-
trimethylbenzene shall be completed and the final report submitted to 
EPA by April 10, 1995.
    (B) For each test, a progress report shall be submitted to EPA 
beginning 9 months after the date specified in paragraph (d)(1) of this 
section and at 6-month intervals thereafter until the final report is 
submitted to EPA.
    (d) Effective date. (1) This section is effective on December 27, 
1993, except for paragraphs (a)(1), (a)(2), (c)(1)(i)(A), (c)(1)(ii)(A), 
(c)(1)(ii)(B), (c)(2)(i)(A), and (c)(2)(ii)(A). The effective date for 
paragraphs (a)(2), (c)(1)(ii)(B), and (c)(2)(ii)(A) is September 29, 
1995. The effective date for paragraphs (a)(1), (c)(1)(i)(A), and 
(c)(2)(i)(A) is February 27, 1996. The effective date for paragraph 
(c)(1)(ii)(A) is June 30, 1997.
    (2) The guidelines and other test methods cited in this section are 
referenced as they exist on the effective date of the final rule.

[58 FR 59681, Nov. 10, 1993; 58 FR 1992, Jan. 13, 1994, as amended at 60 
FR 56956, Nov. 13, 1995; 61 FR 7223, Feb. 27, 1996; 62 FR 35105, June 
30, 1997]

Subparts E-G  [Reserved]



                Subpart H--Health Effects Test Guidelines

    Source: 62 FR 43824, Aug. 15, 1997, unless otherwise noted.



Sec. 799.9135  TSCA acute inhalation toxicity with histopathology.

    (a) Scope. This section is intended to meet the testing requirements 
under section 4 of the Toxic Substances Control Act (TSCA). In the 
assessment and evaluation of the potential human health effects of 
chemical substances, it is appropriate to test for acute inhalation 
toxic effects. The goals of this test are to characterize the exposure-
response relationship for sensitive endpoints following acute exposure 
and to characterize toxicologic response following acute high exposures. 
The

[[Page 274]]

latter is of particular concern in relation to spills and other 
accidental releases. This testing is designed to determine the gross 
pathology and histopathology resulting from acute inhalation exposure to 
a substance. Because toxic effects on the respiratory tract are of 
particular concern following inhalation exposure, several indicators of 
respiratory toxicity consisting of histopathology on fixed tissue and 
evaluation of cellular and biochemical parameters in bronchoalveolar 
lavage fluid should be employed. The respiratory histopathology consists 
of specialized techniques to preserve tissues of the respiratory tract 
in order to allow detailed microscopic examination to identify adverse 
effects of chemical substances on this organ system. The bronchoalveolar 
lavage is designed to be a rapid screening test to provide an early 
indicator of pulmonary toxicity by examining biochemical and cytologic 
endpoints of material from the lungs of animals exposed to potentially 
toxic chemical substances. These acute tests are designed to assess the 
relationship, if any, between the animals' exposure to the test 
substance and to demonstrate relationship between the animals' exposure 
and the incidence and severity of observed abnormalities, including 
gross or histopathologic lesions, body weight changes, effects on 
mortality, and any other toxic effects. These acute tests are not 
intended to provide a complete evaluation of the toxicologic effects of 
a substance, and additional functional and morphological evaluations may 
be necessary to assess completely the potential effects produced by a 
chemical substance. Additional tests may include longer-term exposures, 
or more in-depth evaluation of specific organ systems as indicated by 
signs of toxicity following acute exposure.
    (b) Source. This a new section developed by the United States 
Environmental Protection Agency.
    (c) Definitions. The following definitions apply to this section.
    Aerodynamic diameter (dae) refers to the size of 
particles. It is the diameter of a sphere of unit density that behaves 
aerodynamically (has the same settling velocity in air) as the particle 
of the test substance. It is used to compare particles of different 
size, shape, and density, and to predict where in the respiratory tract 
such particles may be primarily deposited.
    Exposure response is the relationship between the exposure 
concentration and the measured toxic response, whether expressed as a 
group mean  standard deviation) in the case of a continuous 
variable or as incidence in the case of a quantal variable. This 
definiton should not preclude the exploration of other dose metrics in 
establishing this relationship.
    Geometric standard deviation (GSD) is a dimensionless number equal 
to the ratio between the mass median aerodynamic diameter (MMAD) and 
either 84% or 16% of the diameter size distribution (e.g., MMAD = 2 
m; 84% = 4 m; GSD = 4/2 = 2.0.) The MMAD, together 
with the GSD, describe the particle size distribution of an aerosol. Use 
of the GSD may not be valid for non-lognormally distributed aerosols. 
(If the size distribution deviates from the lognormal, it shall be 
noted).
    Inhalability is the ratio of the number concentration of particles 
of a certain aerodynamic diameter, dae, that are inspired 
through the nose or mouth to the number concentration of the same 
dae present in the inspired volume of ambient air. In humans, 
inhalability can exceed 15 m dae, whereas 
inhalability dramatically decreases for particles above 4 m 
dae in small laboratory animals.
    Lower respiratory tract consists of those structures of the 
respiratory tract below the larynx.
    Mass geometric mean aerodynamic diameter or the mass median 
aerodynamic diameter (MMAD) is the calculated aerodynamic diameter that 
divides the particles of an aerosol (a gaseous suspension of fine liquid 
or solid particles) in half, based on the weight of the particles. By 
weight, 50% of the particles will be larger than the MMAD and 50% of the 
particles will be smaller than the MMAD.
    Particle regional deposition is the fraction of inhaled particles 
that deposits in the specific region of the respiratory tract. The major 
mechanisms of particle deposition in the respiratory tract

[[Page 275]]

include impaction, sedimentation, diffusion, interception, and 
electrostatic precipitation. The deposition mechanism that is dominant 
for a given region depends on the respiratory tract architecture and 
ventilation rate of the species and the aerosol particle size and 
distribution. The respiratory tract in both humans and various 
experimental mammals can be divided into three regions on the basis of 
structure, size, and function:
    (1) The extrathoracic region or upper respiratory tract that 
includes the nose, mouth, nasopharynx, oropharynx, laryngopharynx, and 
larynx.
    (2) The tracheobronchial region that includes the trachea, bronchi, 
and bronchioles (including the terminal bronchioles).
    (3) The alveolar region that includes the respiratory bronchioles 
(if present in the species), alveolar ducts, alveolar sacs, and alveoli.
    Respiratory effects are any adverse effects on the structure or 
functions of the respiratory system related to exposure to a chemical 
substance.
    Target organ is any organ found to be a target of toxicity in the 4-
hour (hr) high concentration group as a result of:
    (1) The initial histopathologic examination (respiratory tract, 
liver, kidney, gross lesions); or
    (2) The retrospective histopathologic examination of archived organs 
triggered by their identification as targets of toxicity in a 90-day 
study.
    Toxic effects are any adverse changes (a change that is 
statistically and biologically significant) in the structure or function 
of an experimental animal as a result of exposure to a chemical 
substance.
    Upper respiratory tract consists of those structures of the 
respiratory tract above and including the larynx.
    (d) Principle of the test method. The test substance shall be 
administered to several groups of experimental animals; one 
concentration level and duration being used per group. Bronchoalveolar 
lavage shall be used to evaluate early effects on the respiratory system 
by examining changes in the content of the lavage fluid of the lung. At 
24 hrs following exposure, the animals shall be sacrificed and 
necropsied, and tissue samples from the respiratory tract and other 
major organs will be prepared for microscopic examination. The exposure 
levels at which significant toxic effects on the respiratory organ 
system are produced are compared to those levels that produce other 
toxic effects. As triggered by the results of the 4-hr test, additional 
exposure periods of 1 hr and 8 hrs will be required to determine the 
effect of exposure time on the toxicity observed. A 1-hr exposure study 
can be elected as an option to provide data suitable for risk assessment 
for very short duration exposures as may occur from chemical releases. 
In the absence of adequate toxicological data for 1-hr exposure, the 
Agency will extrapolate to shorter-term exposures from the 4-hr data on 
the basis of concentration alone. This is a conservative method of 
extrapolation, consistent with general Agency methods for deriving 
criteria for short-term exposure from longer-term studies (a 
concentration x time extrapolation would result in higher concentration 
for a shorter duration).
    (e) Test procedures--(1) Animal selection--(i) Species. In general, 
the laboratory rat and mouse should be used. Under some circumstances, 
other species, such as the hamster or guinea pig, may be more 
appropriate, and if these or other species are used, justification 
should be provided.
    (ii) Strain. If rats and mice are used, the use of the F344 rat and 
the B6C3F1 mouse is preferred to facilitate comparison with existing 
data.
    (iii) Age. Young adults shall be used. The weight variation of 
animals used in a test should not exceed ' 61' 20% of the mean weight 
for each species.
    (iv) Sex. Equal numbers of animals of each sex shall be used for 
each concentration level. The females shall be nulliparous and 
nonpregnant.
    (v) Health status. Body weight and feed consumption are not 
sufficient indicators of the health status of animals prior to 
initiating an inhalation toxicity study. Prior to initiating the study, 
animals shall be monitored for known viral and bacterial respiratory 
pathogens determined by conventional microbiological assays (e.g., 
serology). The animals shall be free from pathogens at the start of 
exposure.

[[Page 276]]

    (2) Number of animals. At least five males and five females shall be 
used in each concentration/duration and control group. Animals shall be 
randomly assigned to treatment and control groups.
    (3) Control groups. The control group shall be a sham-treated group. 
Except for treatment with the test substance, animals in the control 
group shall be handled in a manner identical to the test-group animals. 
Where a vehicle is used to help generate an appropriate concentration of 
the substance in the atmosphere, a vehicle control group shall be used. 
If the 4- and 8-hr exposure studies are conducted concurrently, a 
concurrent 8-hr sham-exposed control group may serve as the control 
group for both the 4-hr and the 8-hr exposure studies, provided there is 
adequate historical control data showing no changes in histopathology or 
bronchoalveolar lavage of controls exposed for 4 and 8 hrs. Similarly, 
if the optional 1-hr exposure study is conducted concurrently with the 
4- and/or 8-hr study, the concurrent control group for those studies may 
also be used for the 1-hr study, provided adequate historical control 
data show no changes in histopathology or bronchoalveolar lavage between 
controls exposed for these time periods.
    (4) Concentration level and concentration selection. For the 4-hr 
study, at least three concentrations shall be used in addition to the 
control group. Ideally, the data generated from the test should be 
sufficient to produce an exposure-response curve. The concentrations can 
either be linearly or logarithmically spaced depending on the 
anticipated steepness of the concentration-response curve. A rationale 
for concentration selection should be provided to indicate that the 
selected concentrations will maximally support detection of 
concentration-response relationship. The high concentration should be 
clearly toxic or a limit concentration, but should not result in an 
incidence of fatalities that would preclude a meaningful evaluation of 
the data. The lowest concentration should define a no-observed-adverse-
effects level (NOAEL).
    (i) Limit concentration. For aerosols and particles, the high 
concentrations need not be greater than 2 mg/L, or concentrations that 
cannot maintain a particle size distribution having an MMAD between 1 
and 4 m (i.e., a particle size that permits inhalability and 
deposition throughout the respiratory tract). For fibers, the bivariate 
distribution of length and diameter must ensure inhalability. For gases 
and vapors, the concentrations need not be greater than 50,000 ppm or 
50% of the lower explosive limit, whichever is lower. If a test at an 
aerosol or particulate exposure of 2 mg/L (actual concentration of 
respirable substance) for 4 hrs or, where this is not feasible, the 
maximum attainable concentration, using the procedures described for 
this study, produces no observable toxic effects, then a full study 
using three concentrations will not be necessary. Similarly, if a test 
at a gas or vapor exposure of 50,000 ppm or 50% of the lower explosive 
limit, whichever is lower, produces no observable toxic effects, then a 
full study using three concentrations will not be necessary.
    (ii) 8-hr study and optional 1-hr study. If the 8-hr study is 
triggered, three concentrations shall be tested. These concentrations 
should allow for the determination of an effect level and a NOAEL. If 
the option to perform a 1-hr study is elected, three concentrations 
shall be selected and tested in a similar manner.
    (5) Inhalation exposure. Animals can be exposed to the substance by 
either a nose-only procedure or in a whole-body exposure chamber.
    (i) Inhalation chambers. The animals shall be tested in inhalation 
equipment designed to sustain a dynamic airflow for nose-only exposures 
of at least 300 ml/minute/animal or an airflow for whole-body exposures 
of at least 12 to 15 air changes per hr and ensure an adequate oxygen 
content of at least 19% and an evenly distributed exposure atmosphere. 
Where a whole-body chamber is used, its design shall minimize crowding 
by providing individual caging. As a general rule, to ensure stability 
of a chamber atmosphere, the total ``volume'' of the test animals should 
not exceed 5% of the volume of the test chamber.

[[Page 277]]

    (ii) Environmental conditions. The temperature at which the test is 
performed shall be maintained at 22  deg.C ( 2  deg.C). 
Ideally, the relative humidity should be maintained between 40% and 60%, 
but in certain instances (e.g., tests using water as a vehicle), this 
may not be practical.
    (iii) Exposure periodicity. For acute testing, the exposure design 
shall enable 4 hrs of exposure to the target concentrations, as defined 
by an average of  5% for gases and vapors and  
15% for particles and aerosols. If triggered by the results of the 4-hr 
exposure, additional testing shall be conducted in a comparable manner 
using an 8-hr exposure period.
    (6) Physical measurements. Measurements or monitoring shall be made 
of the following:
    (i) Chemical purity of the test material shall be analyzed.
    (ii) The rate of airflow shall be monitored continuously, but shall 
be recorded at least every 30 minutes.
    (iii) The actual concentrations of the test substance shall be 
measured in the breathing zone. During the exposure period, the actual 
concentrations of the test substance shall be held as constant as 
practical, monitored continuously or intermittently depending on the 
method of analysis, and recorded at least at the beginning, at an 
intermediate time, and at the end of the exposure period. Well-
established and published monitoring methods should be used where 
available. If no standard methods are available, then accuracy and 
precision information must be supplied.
    (iv) During the development of the generating system, appropriate 
particle size analysis shall be performed to establish the stability of 
the aerosol. During exposure, analysis should be conducted as often as 
necessary to determine the consistency of particle size distribution. 
The particle size distribution shall have an MMAD between 1 and 4 
m. The particle size of hygroscopic materials shall be small 
enough when dry to assure that the size of the particle at saturation 
will still have an MMAD between 1 and 4 m. Characterization for 
fibers shall include the bivariate distribution of length and diameter; 
this distribution must ensure inhalability.
    (v) If the test substance is present in a mixture, the mass and 
composition of the entire mixture, as well as the principal compound, 
shall be measured.
    (vi) Temperature and humidity shall be monitored continuously, but 
shall be recorded at least every 30 minutes.
    (7) Food and water during exposure period. Food shall be withheld 
during exposure. Water may also be withheld in certain cases.
    (8) Observation period. The bronchoalveolar lavage and respiratory 
pathology shall be conducted 24 hrs following exposure to allow 
expression of signs of toxicity. There is concern that some latency time 
will be required to allow migration of cells and macromolecules into the 
lungs following exposure, and that some pathology may require 
macromolecular synthesis or degradation before cell damage develops.
    (9) Gross pathology. (i) All animals shall be subjected to a full 
gross necropsy which includes examination of orifices and the cranial, 
thoracic, and abdominal cavities and their contents.
    (ii) At least the lungs, liver, kidneys, adrenals, brain, and gonads 
shall be weighed wet, as soon as possible after dissection to avoid 
drying.
    (iii) The following organs and tissues, or representative samples 
thereof, shall be preserved in a suitable medium for possible future 
histopathological examination: All gross lesions; brain-including 
sections of medulla/pons; cerebellar cortex and cerebral cortex; 
pituitary; thyroid/parathyroid; thymus; heart; sternum with bone marrow; 
salivary glands; liver; spleen; kidneys; adrenals; pancreas; gonads; 
accessory genital organs (epididymis, prostrate, and, if present, 
seminal vesicles); aorta; skin; gall bladder (if present); esophagus; 
stomach; duodenum; jejunum; ileum; cecum; colon; rectum; urinary 
bladder; representative lymph nodes; thigh musculature; peripheral 
nerve; spinal cord at three levels cervical, midthoracic, and lumbar; 
and eyes. Respiratory tract tissues shall also be preserved in a 
suitable medium.
    (10) Histopathology. The following histopathology shall be 
performed:

[[Page 278]]

    (i) Full histopathology shall be performed on the respiratory tract, 
liver and kidney of all animals in the control and high concentration 
groups. The histopathology of the respiratory tract is described under 
paragraph (e)(11) of this section.
    (ii) All gross lesions which differ from controls in frequency, 
distribution, type, or severity in all concentration groups.
    (iii) Target organs in all animals, as indicated by the observations 
in the high concentration group in this study. Histopathologic 
examination of target organs in animals at all concentration levels 
(rather than only to the extent necessary to define the NOAEL) can 
support the application of exposure-response analyses such as the 
benchmark concentration approach.
    (iv) Archived organs identified as targets of toxicity from results 
of the 90-day study (if a 90-day study is required for this substance) 
should be elevated in high concentration animals of the 4-hr acute study 
to determine if they are also targets of acute toxicity.
    (11) Respiratory tract histopathology. (i) Representative sections 
of the respiratory tract shall be examined histologically. These shall 
include the trachea, major conducting airways, alveolar region, terminal 
and respiratory bronchioles (if present), alveolar ducts and sacs, and 
interstitial tissues.
    (ii) Care shall be taken that the method used to kill the animal 
does not result in damage to the tissues of the upper or lower 
respiratory tract. The lungs shall be infused with a fixative while in 
an inflated state of fixed pressure.
    (iii) The upper respiratory tract shall be examined for 
histopathologic lesions. This examination shall use a minimum of four 
sections located as specified under paragraphs (e)(11)(iii)(A) through 
(e)(11)(iii)(D) of this section. An evaluation of the nasal vestibule 
shall be conducted. The method described by the reference under 
paragraph (h)(11) of this section should be given consideration. The use 
of additional sections shall be left to the discretion of the study 
pathologist, but consideration should be given to additional sections as 
recommended in the reference under paragraph (h)(8) of this section to 
ensure adequate evaluation of the entire upper respiratory tract, 
particularly the nasopharyngeal meatus. The following transverse 
sections shall be examined:
    (A) Immediately posterior to the upper incisor teeth.
    (B) At the incisor papilla.
    (C) At the second palatal ridge.
    (D) At the level of the first upper molar teeth.
    (iv) The laryngeal mucosa shall be examined for histopathologic 
changes. Sections of the larynx to be examined include the epithelium 
covering the base of the epiglottis, the ventral pouch, and the medial 
surfaces of the vocal processes of the arytenoid cartilages.
    (12) Bronchoalveolar lavage. (i) Animals can be exposed to the 
substance by either a nose-only procedure or in a whole-body exposure 
chamber.
    (ii) Care should be taken that the method used to kill the animal 
results in minimum changes in the fluid of the lungs of the test 
animals.
    (iii) At the appropriate time, the test animals shall be killed and 
the heart-lung including trachea removed in bloc. Alternatively, lungs 
can be lavaged in situ. If the study will not be compromised, one lobe 
of the lungs may be used for lung lavage while the other is fixed for 
histologic evaluation. The lungs should be lavaged using physiological 
saline. The lavages shall consist of two washes, each of which consists 
of approximately 80% (e.g., 5 ml in rats and 1 ml in mice) of the total 
lung volume. Additional washes merely tend to reduce the concentrations 
of the material collected. The lung lavage fluid shall be stored on ice 
at 5  deg.C until assayed.
    (iv) The following parameters shall be determined in the lavage 
fluid as indicators of cellular damage in the lungs: total protein, cell 
count, and percent leukocytes. In addition, a phagocytosis assay shall 
be performed to determine macrophage activity. Assay methods described 
in the references under paragraphs (h)(1) and (h)(3) of this section may 
be used.
    (13) Combined protocol. The tests described may be combined with any 
other toxicity study, as long as none of

[[Page 279]]

the requirements of either are violated by the combination.
    (f) Triggered testing. If no adverse effects are seen in the 4-hr 
study as compared with controls, no further testing is necessary. If the 
4-hr study shows positive effects in histopathology or the 
bronchoalveolar lavage, an 8-hr study shall be conducted. Only those 
tissues showing positive results in the 4-hr study must be pursued in 
the follow-up 8-hr study. Similarly, if the option to perform a 1-hr 
study is exercised, only those tissues showing positive results in the 
4-hr study shall be pursued.
    (g) Data reporting and evaluation. The final test report shall 
include the following information:
    (1) Description of equipment and test methods. A description of the 
general design of the experiment and any equipment used shall be 
provided.
    (i) Description of exposure apparatus, including design, type, 
dimensions, source of air, system for generating particles, aerosols, 
gasses, and vapors, method of conditioning air, treatment of exhaust 
air, and the method of housing animals in a test chamber.
    (ii) Description of the equipment for measuring temperature, 
humidity, and particulate aerosol concentration and size.
    (iii) Exposure data shall be tabulated and presented with mean 
values and measure of variability (e.g., standard deviation) and should 
include:
    (A) Chemical purity of the test material.
    (B) Airflow rates through the inhalation equipment.
    (C) Temperature and humidity of air.
    (D) Nominal concentration (total amount of test substance fed into 
the inhalation equipment divided by the volume of air).
    (E) Actual concentration in test breathing zone.
    (F) Particle size distribution (e.g., MMAD with GSD) and the 
bivariate distribution of fiber length and diameter, where appropriate.
    (2) Results--(i) General group animal data. The following 
information shall be arranged by test group exposure level.
    (A) Number of animals exposed.
    (B) Number of animals dying.
    (C) Number of animals showing overt signs of toxicity.
    (D) Pre- and post-exposure body weight change in animals, and weight 
change during the observation period.
    (ii) Counts and incidence of gross alterations observed at necropsy 
in the test and control groups. Data shall be tabulated to show:
    (A) The number of animals used in each group and the number of 
animals in which any gross lesions were found.
    (B) The number of animals affected by each different type of lesion, 
and the locations and frequency of each type of lesion.
    (iii) Counts and incidence of general histologic alterations in the 
test group. Data shall be tabulated to show:
    (A) The number of animals used in each group and the number of 
animals in which any histopathologic lesions were found.
    (B) The number of animals affected by each different type of lesion, 
and the locations, frequency, and average grade of each type of lesion.
    (iv) Counts and incidence of respiratory histopathologic alterations 
by the test group. Data shall be tabulated to show:
    (A) The number of animals used in each group and the number of 
animals in which any histopathologic lesions were found.
    (B) The number of animals affected by each different type of lesion, 
and the locations, frequency, and average grade of each type of lesion.
    (v) Results of the bronchoalveolar lavage study. Data shall be 
tabulated to show:
    (A) The amount of administered lavage fluid and recovered lavage 
fluid for each test animal.
    (B) The magnitude of change of biochemical and cytologic indices in 
lavage fluids at each test concentration for each animal.
    (C) Results shall be quantified as amount of constituent/mL of 
lavage fluid. This assumes that the amount of lavage fluid recovered is 
a representative sample of the total lavage fluid.
    (3) Evaluation of data. The findings from this acute study should be 
evaluated in the context of preceding and/or concurrent toxicity studies 
and any correlated functional findings. The

[[Page 280]]

 evaluation shall include the relationship between the concentrations of 
the test substance and the presence or absence, incidence, and severity 
of any effects. The evaluation should include appropriate statistical 
analyses, for example, parametric tests for continuous data and non-
parametric tests for the remainder. Choice of analyses should consider 
tests appropriate to the experimental design, including repeated 
measures. The report must include concentration-response curves for the 
bronchoalveolar lavage and tables reporting observations at each 
concentration level for necropsy findings and gross, general, and 
respiratory system histopathology.
    (h) Reference. For additional background information on this test 
guideline, the following references should be consulted. These 
references are available for inspection at the TSCA Nonconfidential 
Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 
St., SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 
except legal holidays.
    (1) Burleson, G.R., Fuller, L.B., e nache, M.G., and Graham, J.A. 
Poly (I): poly (C)-enhanced alveolar peritoneal macrophage phagocytosis: 
Quantification by a new method utilizing fluorescent beads. Proceedings 
of the Society of Experimental Biology and Medicine. 184:468-476 (1987).
    (2) Gardner, D.E., Crapo, J.D., and McClellan, R.O. (Eds.) 
Toxicology of the Lung. (Raven Press, New York, 1993) pp. i-xii, 1-30.
    (3) Gilmour, G.I., and Selgrade, M.K. A comparison of the pulmonary 
defenses against streptococcal infection in rats and mice following O3 
exposure: Differences in disease susceptibility and neutrophil 
recruitment. Toxicology and Applied Pharmacology. 123:211-218 (1993).
    (4) Henderson, R.F., Benson, J.M., Hahn, F.F., Hobbs, C.H., Jones, 
R.K., Mauderly, J.L., McClellan, R.O., and Pickrell, J.A. New approaches 
for the evaluation of pulmonary toxicity: Bronchoalveolar lavage fluid 
analysis. Fundamental and Applied Toxicology. 5:451-458 (1985).
    (5) Henderson, R.F. Use of bronchoalveolar lavage to detect lung 
damage. Environmental Health Perspectives. 56:115-129 (1984).
    (6) Henderson, R.F., Rebar, A.H., Pickrell, J.A., and Newton, G.J. 
Early damage indicators in the lung. III. Biochemical and cytological 
response of the lung to inhaled metal salts. Toxicology and Applied 
Pharmacology. 50:123-136 (1979).
    (7) McClellan, R.O. and Henderson, R.F. (Eds.) Second edition. 
Concepts in Inhalation Toxicology. (Taylor and Francis, Washington, DC, 
1995) pp.i-xxiv, 1-24, 441-470.
    (8) Mery, S., Gross, E.A., Joyner, D.R., Godo, M., and Morgan, K.T. 
Nasal Diagrams: A Tool for Recording the Distribution of Nasal Lesions 
in Rats and Mice. Toxicologic Pathology. 22:353-372 (1994).
    (9) Phalen, R.F. (Ed) Methods in Inhalation Toxicology. (CRC Press, 
Boca Raton, FL, 1997) pp. i-xii, 1-12.
    (10) Renne, R.A., Gideon, K.M., Miller, R.A., Mellick, P.W., and 
Grumbein, S.L. Histologic methods and interspecies variations in the 
laryngeal histology of F344/N rats and B6C3F1 mice. Toxicology and 
Pathology. 20:44-51 (1992).
    (11) Young, J.T. Histopathologic examination of the rat nasal 
cavity. Fundamental and Applied Toxicology. 1:309-312 (1981).



Sec. 799.9346  TSCA 90-day inhalation toxicity.

    (a) Scope. This section is intended to meet the testing requirements 
under section 4 of TSCA. In the assessment and evaluation of the toxic 
characteristics of a gas, volatile substance, or aerosol/particulate, 
determination of subchronic inhalation toxicity may be carried out after 
initial information on toxicity has been obtained by acute testing. The 
subchronic inhalation study has been designed to permit the 
determination of the no-observed-effect-level (NOEL) and toxic effects 
associated with continuous or repeated exposure to a test substance for 
a period of 90 days. This study is not capable of determining those 
effects that have a long latency period for development (e.g., 
carcinogenicity and life shortening). Extrapolation from the results of 
this study to humans is valid only to a limited degree. It can, however, 
provide useful information on

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 health hazards likely to arise from repeated exposures by the 
inhalation route over a limited period of time. It will provide 
information on target organs and the possibilities of accumulation, and 
can be of use in selecting concentration levels for chronic studies and 
establishing safety criteria for human exposure. Hazards of inhaled 
substances are influenced by the inherent toxicity and by physical 
factors such as volatility and particle size.
    (b) Source. The source material used in developing this TSCA test 
guideline is the OPPTS harmonized test guideline 870.3465 (June 1996 
Public Draft). This source is available at the address in paragraph (h) 
of this section.
    (c) Definitions. The following definitions apply to this section.
    Aerodynamic equivalent diameter is defined as the diameter of a unit 
density sphere having the same terminal settling velocity as the 
particle in question, whatever its size, shape, and density. It is used 
to predict where in the respiratory tract such particles may be 
deposited.
    Concentration in a subchronic inhalation study is the amount of test 
substance administered via inhalation for a period of 90-days. 
Concentration is expressed as weight of the test substance per unit 
volume of air (milligrams per liter or parts per million).
    Cumulative toxicity is the adverse effects of repeated exposures 
occurring as a result of prolonged action on, or increased concentration 
of the administered test substance or its metabolites in susceptible 
tissues.
    Inhalable diameter refers to that aerodynamic diameter of a particle 
which is considered to be inhalable for the organism. It is used to 
refer to particles which are capable of being inhaled and may be 
deposited anywhere within the respiratory tract
    Mass median aerodynamic diameter (MMAD) is the median aerodynamic 
diameter and along with the geometric standard deviation (GSD) is used 
to describe the particle size distribution of any aerosol statistically 
based on the weight and size of the particles. Fifty percent of the 
particles by weight will be smaller than the median diameter and 50% of 
the particles will be larger.
    No-observed-effect-level (NOEL) is the maximum concentration used in 
a study which produces no adverse effects.
    Subchronic inhalation toxicity is the adverse effects occurring as a 
result of the repeated daily exposure of experimental animals to a 
chemical by inhalation for part (approximately 10%) of a life span.
    (d) Limit test. If exposure at a concentration of 1 mg/L (expected 
human exposure may indicate the need for a higher concentration), or 
where this is not possible due to physical or chemical properties of the 
test substance, the maximum attainable concentration produces no 
observable toxic effects, then a full study using three concentrations 
might not be necessary.
    (e) Test procedures--(1) Animal selection--(i) Species and strain. A 
mammalian species shall be used for testing. A variety of rodent species 
may be used, although the rat is the preferred species. Commonly used 
laboratory strains should be employed. If another mammalian species is 
used, the tester shall provide justification/reasoning for its 
selection.
    (ii) Age/weight. Testing should be started with young healthy 
animals as soon as possible after weaning and acclimatization.
    (B) Dosing of rodents should generally begin no later than 8 weeks 
of age.
    (C) At the commencement of the study the weight variation of animals 
used shall not exceed  20% of the mean weight for each sex.
    (iii) Sex. (A) Equal numbers of animals of each sex shall be used at 
each concentration.
    (B) Females shall be nulliparous and nonpregnant.
    (iv) Numbers. (A) At least 20 animals (10 females and 10 males) 
should be used for each test group.
    (B) If interim sacrifices are planned, the number of animals shall 
be increased by the number of animals scheduled to be sacrificed before 
the completion of the study.
    (C) To avoid bias, the use of adequate randomization procedures for 
the proper allocation of animals to test and control groups is required.

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    (D) Each animal shall be assigned a unique identification number. 
Dead animals, their preserved organs and tissues, and microscopic slides 
shall be identified by reference to the animal's unique number.
    (v) Husbandry. (A) Animals may be group-caged by sex, but the number 
of animals per cage must not interfere with clear observation of each 
animal. The biological properties of the test substance or toxic effects 
(e.g., morbidity, excitability) may indicate a need for individual 
caging. Animals must be housed individually in inhalation chambers 
during exposure to aerosols.
    (B) The temperature of the experimental animal rooms should be at 22 
3  deg.C.
    (C) The relative humidity of the experimental animal rooms should be 
30-70%.
    (D) Where lighting is artificial, the sequence should be 12 h light/
12 h dark.
    (E) Control and test animals should be fed from the same batch and 
lot. The feed should be analyzed to assure adequacy of nutritional 
requirements of the species tested and for impurities that might 
influence the outcome of the rest. For feeding, conventional laboratory 
diets may be used with an unlimited supply of drinking water.
    (F) The study should not be initiated until animals have been 
allowed a period of acclimatization/quarantine to environmental 
conditions, nor should animals from outside sources be placed on test 
without an adequate period of quarantine. An acclimatization period of 
at least 5 days is recommended.
    (2) Control and test substances. (i) Whenever it is necessary to 
formulate the test substance with a vehicle for aerosol generation, the 
vehicle ideally should not elicit toxic effects or substantially alter 
the chemical or toxicological properties of the test substance.
    (ii) One lot of the test substance should be used, if possible 
throughout the duration of the study, and the research sample should be 
stored under conditions that maintain its purity and stability. Prior to 
the initiation of the study, there should be a characterization of the 
test substance, including the purity of the test substance and, if 
technically feasible, the name and quantities of unknown contaminants 
and impurities.
    (3) Control groups. A concurrent control group is required. This 
group shall be an untreated or sham-treated control group. Except for 
treatment with the test substance, animals in the control group shall be 
handled in a manner identical to the test group animals. Where a vehicle 
other than water is used to generate a substance, a vehicle control 
group should be used. If the toxic properties of the vehicle are not 
known or cannot be made available, both untreated and vehicle control 
groups are required.
    (4) Satellite group. A satellite group of 20 animals (10 animals per 
sex) may be treated with the high concentration level for 90 days and 
observed for reversibility, persistence, or delayed occurrence of toxic 
effects for a post-treatment period of appropriate length, normally not 
less than 28 days. In addition, a control group of 20 animals (10 
animals of each sex) should be added to the satellite study.
    (5) Concentration levels and concentration selection. (i) In 
subchronic toxicity tests, it is desirable to have a concentration-
response relationship as well as a NOEL. Therefore, at least three 
concentration levels plus a control and, where appropriate, a vehicle 
control (corresponding to the concentration of vehicle at the highest 
exposure level) shall be used. Concentrations should be spaced 
appropriately to produce test groups with a range of toxic effects. The 
data should be sufficient to produce a concentration-response curve.
    (ii) The highest concentration should result in toxic effects but 
not produce an incidence of fatalities which would prevent a meaningful 
evaluation.
    (iii) The intermediate concentrations should be spaced to produce a 
gradation of toxic effects.
    (iv) The lowest concentration should produce no evidence of 
toxicity.
    (v) In the case of potentially explosive test substances, care 
should be taken to avoid generating explosive concentrations.
    (6) Administration of the test substance. Animals should be exposed 
to the test substance for 6 h per day on a 7-day per

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week basis for a period of at least 90 days. Based primarily on 
practical considerations, exposure for 6 h per day on a 5-day per week 
basis is acceptable.
    (7) Observation period. The animals should be observed for a period 
of 90 days. Animals in the satellite group (if used) scheduled for 
follow-up observations should be kept for at least 28 days further 
without treatment to assess reversibility.
    (8) Exposure specifications. (i) The animals shall be tested in 
dynamic inhalation equipment designed to sustain a minimum airflow of 10 
air changes per hr, an adequate oxygen content of at least 19%, and 
uniform conditions throughout the exposure chamber. Maintenance of 
slight negative pressure inside the chamber will prevent leakage of the 
test substance into the surrounding areas. It is not normally necessary 
to measure chamber oxygen concentration if airflow is adequate.
    (ii) The selection of a dynamic inhalation chamber should be 
appropriate for the test substance and test system. Where a whole body 
chamber is used to expose animals to an aerosol, individual housing must 
be used to minimize crowding of the test animals and maximize their 
exposure to the test substance. To ensure stability of a chamber 
atmosphere, the total volume occupied by the test animals shall not 
exceed 5% of the volume of the test chamber. It is recommended, but not 
required, that nose-only or head-only exposure be used for aerosol 
studies in order to minimize oral exposures due to animals licking 
compound off their fur. Heat stress should be minimized.
    (iii) The temperature at which the test is performed should be 
maintained at 22  2  deg.C. The relative humidity should be 
maintained between 40 and 60%, but in certain instances (e.g., use of 
water vehicle) this may not be practicable.
    (9) Physical measurements. Measurements or monitoring shall be made 
of the following:
    (i) The rate of airflow shall be monitored continuously but recorded 
at least three times during the exposure.
    (ii) The actual concentrations of the test substance shall be 
measured in the animal's breathing zone. During the exposure period, the 
actual concentrations of the test substance shall be held as constant as 
practicable and monitored continuously or intermittently depending on 
the method of analysis. Chamber concentration may be measured using 
gravimetric or analytical methods as appropriate. If trial run 
measurements are reasonably consistent  10% for liquid, 
aerosol, gas, or vapor;  20% for dry aerosol), then two 
measurements should be sufficient. If measurements are not consistent, 
three to four measurements should be taken. Whenever the test substance 
is a formulation, or it is necessary to formulate the test substance 
with a vehicle for aerosol generation, the analytical concentration must 
be reported for the total formulation, and not just for the active 
ingredient (AI). If, for example, a formulation contains 10% AI and 90% 
inerts, a chamber analytical limit concentration of 2 mg/L would consist 
of 0.2 mg/L of the AI. It is not necessary to analyze inert ingredients 
provided the mixture at the animal's breathing zone is analogous to the 
formulation; the grounds for this conclusion must be provided in the 
study report. If there is some difficulty in measuring chamber 
analytical concentration due to precipitation, nonhomogeneous mixtures, 
volatile components, or other factors, additional analyses of inert 
components may be necessary.
    (iii) During the development of the generating system, particle size 
analysis shall be performed to establish the stability of aerosol 
concentrations with respect to particle size. The MMAD particle size 
range should be between 1-3 m. The particle size of hygroscopic 
materials should be small enough when dry to assure that the size of the 
swollen particle will still be within the 1-3 m range. 
Measurements of aerodynamic particle size in the animal's breathing zone 
should be measured during a trial run. If MMAD valves for each exposure 
level are within 10% of each other, then two measurements during the 
exposures should be sufficient. If pretest measurements are not within 
10% of each other, three to four measurements should be taken.

[[Page 284]]

    (iv) Temperature and humidity shall be monitored continuously and 
recorded at least three times during an exposure.
    (10) Feed and water during exposure period. Feed shall be withheld 
during exposure. Water may also be withheld during exposure.
    (11) Observation of animals. (i) During and following exposure, 
observations are made and recorded systematically; individual records 
should be maintained for each animal. It is not always possible to 
observe animals during exposure in a whole-body chamber.
    (ii) Observations shall be made at least once each day for morbidity 
and mortality. Appropriate actions should be taken to minimize loss of 
animals to the study (e.g., Necropsy or refrigeration of those animals 
found dead and isolation or sacrifice of weak or moribund animals).
    (iii) A careful clinical examination shall be made at least once 
weekly. Observations should be detailed and carefully recorded, 
preferably using explicitly defined scales. Observations should include, 
but not be limited to, evaluation of skin and fur, eyes and mucous 
membranes, respiratory and circulatory effects, autonomic effects such 
as salivation, central nervous system effects, including tremors and 
convulsions, changes in the level of activity, gait and posture, 
reactivity to handling or sensory stimuli, altered strength, and 
stereotypes or bizarre behavior (e.g., self-mutilation, walking 
backwards).
    (iv) Signs of toxicity should be recorded as they are observed 
including the time of onset, degree and duration.
    (v) Individual weights of animals shall be determined shortly before 
the test substance is administered, and weekly thereafter.
    (vi) Food consumption shall also be determined weekly if abnormal 
body weight changes are observed.
    (vii) Moribund animals should be removed and sacrificed when noticed 
and the time of death should be recorded as precisely as possible.
    (viii) At termination, all survivors in the treatment groups shall 
be sacrificed.
    (12) Clinical pathology. Hematology and clinical chemistry 
examinations shall be made on all animals, including controls, of each 
sex in each group. The hematology and clinical chemistry parameters 
should be examined at terminal sacrifice at the end of the study. 
Overnight fasting of the animals prior to blood sampling is recommended. 
Overall, there is a need for a flexible approach in the measures 
examined, depending on the observed or expected effects from a chemical, 
and in the frequency of measures, depending on the duration of potential 
chemical exposures.
    (i) Hematology. The recommended parameters are red blood cell count, 
hemoglobin concentration, hematocrit, mean corpuscular volume, mean 
corpuscular hemoglobin, and mean corpuscular hemoglobin concentration, 
white blood cell count, differential leukocyte count, platelet count, 
and a measure of clotting potential, such as prothrombin time or 
activated partial thromboplastin time.
    (ii) Clinical chemistry. (A) Parameters which are considered 
appropriate to all studies are electrolyte balance, carbohydrate 
metabolism, and liver and kidney function. The selection of specific 
tests will be influenced by observations on the mode of action of the 
substance and signs of clinical toxicity.
    (B) The recommended clinical chemistry determinations are potassium, 
sodium, glucose, total cholesterol, urea nitrogen, creatinine, total 
protein and albumin. More than 2 hepatic enzymes, (such as alanine 
aminotransferase, aspartate aminotransferase, alkaline phosphatase, 
sorbitol dehydrogenase, or gamma glutamyl transpeptidase) should also be 
measured. Measurements of addtional enzymes (of hepatic or other origin) 
and bile acids, may also be useful.
    (C) If a test chemical has an effect on the hematopoietic system, 
reticulocyte counts and bone marrow cytology may be indicated.
    (D) Other determinations that should be carried out if the test 
chemical is known or suspected of affecting related measures include 
calcium, phosphorus, fasting triglycerides, hormones, methemoglobin, and 
cholinesterases.
    (iii) Optionally, the following urinalysis determinations could be 
performed during the last week of the study using

[[Page 285]]

timed urine volume collection: appearance, volume, osmolality or 
specific gravity, pH, protein, glucose, and blood/blood cells.
    (13) Ophthalmological examination. Ophthalmological examinations 
shall be made on all animals prior to the administration of the test 
substance and on all high concentration and control groups at 
termination. If changes in the eyes are detected, all animals in the 
other concentration groups shall be examined.
    (14) Gross pathology. (i) All animals shall be subjected to a full 
gross necropsy which includes examination of the external surface of the 
body, all orifices and the cranial, thoracic, and abdominal cavities and 
their contents.
    (ii) At least the liver, kidneys, brain, and gonads shall be trimmed 
and weighed wet, as soon as possible after dissection to avoid drying.
    (iii) The following organs and tissues, or representative samples 
thereof, shall be preserved in a suitable medium for possible future 
histopathological examination:
    (A) Digestive system.
    (1) Salivary glands.
    (2) Esophagus.
    (3) Stomach.
    (4) Duodenum.
    (5) Jejunum.
    (6) Ileum.
    (7) Cecum.
    (8) Colon.
    (9) Rectum.
    (10) Liver.
    (11) Pancreas.
    (12) Gallbladder (dogs).
    (B) Nervous system.
    (1) Brain (multiple sections).
    (2) Pituitary.
    (3) Peripheral nerve(s).
    (4) Spinal cord (three levels).
    (5) Eyes (retina, optic nerve).
    (C) Glandular system.
    (1) Adrenals.
    (2) Parathyroids.
    (3) Thyroids.
    (D) Respiratory system.
    (1) Trachea.
    (2) Lung.
    (3) Pharynx.
    (4) Larynx.
    (5) Nose.
    (E) Cardiovascular/hematopoietic system.
    (1) Aorta (thoracic).
    (2) Heart.
    (3) Bone marrow.
    (4) Lymph nodes.
    (5) Spleen.
    (6) Thymus.
    (F) Urogenital system.
    (1) Kidneys.
    (2) Urinary bladder.
    (3) Prostate.
    (4) Testes.
    (5) Epididymides.
    (6) Seminal vesicle(s).
    (7) Uterus.
    (8) Ovaries.
    (G) Other.
    (1) Lacrimal gland.
    (2) Mammary gland.
    (3) Skin.
    (4) Skeletal muscle.
    (5) All gross lesions and masses.
    (6) Sternum and/or femur.
    (15) Histopathology. (i) The following histopathology shall be 
performed:
    (A) Full histopathology on the respiratory tract and other organs 
and tissues, listed under paragraph (e)(15)(iii) of this section, of all 
animals in the control and high exposure groups and all animals that 
died or were killed during the study.
    (B) All gross lesions in all animals.
    (C) Target organs in all animals.
    (D) Lungs of all animals. Special attention to examination of the 
respiratory tract should be made for evidence of infection as this 
provides a convenient assessment of the state of health of the animals.
    (E) When a satellite group is used, histopathology shall be 
performed on tissues and organs identified as showing effects in the 
treated groups.
    (ii) If excessive early deaths or other problems occur in the high 
exposure group compromising the significance of the data, the next 
concentration should be examined for complete histopathology.
    (iii) An attempt should be made to correlate gross observations with 
microscopic findings.
    (iv) Tissues and organs designated for microscopic examination 
should be fixed in 10% buffered formalin or a recognized suitable 
fixative as soon as necropsy is performed and no less than 48 hrs prior 
to trimming. Tissues should

[[Page 286]]

be trimmed to a maximum thickness of 0.4 cm for processing.
    (f) Data and reporting--(1) Treatment of results. (i) Data shall be 
summarized in tabular form, showing for each test group the number of 
animals at the start of the test, the number of animals showing lesions, 
the types of lesions, and the percentage of animals displaying each type 
of lesion.
    (ii) All observed results (quantitative and qualitative) should be 
evaluated by an appropriate statistical method. Any generally accepted 
statistical method may be used; the statistical methods including 
significance criteria should be selected during the design of the study.
    (2) Evaluation of study results. The findings of the subchronic 
inhalation toxicity study should be evaluated in conjunction with the 
findings of preceding studies and considered in terms of the observed 
toxic effects and the necropsy and histopathological findings. The 
evaluation will include the relationship between the concentration of 
the test substance and duration of exposure, and the presence or 
absence, the incidence and severity, of abnormalities, including 
behavioral and clinical abnormalities, gross lesions, identified target 
organs, body weight changes, effects on mortality and any other general 
or specific toxic effects. A properly conducted subchronic test should 
provide a satisfactory estimation of a no-effect level. It also can 
indicate the need for an additional longer-term study and provide 
information on the selection of concentrations.
    (3) Test report. In addition to reporting requirements specified 
under 40 CFR part 792, subpart J, the following specific information 
shall be reported. Both individual and summary data should be presented.
    (i) Test substance characterization shall include:
    (A) Chemical identification.
    (B) Lot or batch number.
    (C) Physical properties.
    (D) Purity/impurities.
    (E) Identification and composition of any vehicle used.
    (ii) Test system information shall include:
    (A) Species and strain of animals used and rationale for selection 
if other than that recommended.
    (B) Age, sex, and body weight.
    (C) Test environment including cage conditions, ambient temperature, 
humidity, and light/dark periods.
    (D) Identification of animal diet.
    (E) Acclimation period.
    (iii) Test procedure information shall include:
    (A) Method of randomization used.
    (B) Full description of experimental design and procedure.
    (C) Exposure regimen including concentration levels, methods, and 
volume.
    (D) Description of test conditions; the following exposure 
conditions shall be reported:
    (1) Description of exposure apparatus including design, type, 
volume, source of air, system for generating aerosols, method of 
conditioning air, treatment of exhaust air and the method of housing the 
animals in a test chamber.
    (2) The equipment for measuring temperature, humidity, and 
particulate aerosol concentrations and size should be described.
    (E) Exposure data shall be tabulated and presented with mean values 
and a measure of variability (e.g., standard deviation) and include:
    (1) Airflow rates through the inhalation equipment.
    (2) Temperature and humidity of air.
    (3) Actual (analytical or gravimetric) concentration in the 
breathing zone.
    (4) Nominal concentration (total amount of test substance fed into 
the inhalation equipment divided by volume of air).
    (5) Particle size distribution, calculated mass median aerodynamic 
diameter (MMAD) and geometric standard deviation (GSD).
    (6) Explanation as to why the desired chamber concentration and/or 
particle size could not be achieved (if applicable) and the efforts 
taken to comply with this aspect of the section.
    (iv) Test results information shall include:
    (A) Group animal data. Tabulation of toxic response data by species, 
strain, sex and exposure level for:
    (1) Number of animals exposed.

[[Page 287]]

    (2) Number of animals showing signs of toxicity.
    (3) Number of animals dying.
    (B) Individual animal data. Data should be presented as summary 
(group mean) as well as for individual animals.
    (1) Time of death during the study or whether animals survived to 
termination.
    (2) Time of observation of each abnormal sign and its subsequent 
course.
    (3) Body weight data.
    (4) Feed consumption data, when collected.
    (5) Results of ophthalmological examination, when performed.
    (6) Results of hematological tests performed. .
    (7) Results of clinical chemistry tests performed.
    (8) Results of urinalysis tests performed.
    (9) Necropsy findings, including absolute and relative organ weight 
data.
    (10) Detailed description of all histopathological findings.
    (11) Statistical treatment of results, where appropriate.
    (g) Quality control. A system shall be developed and maintained to 
assure and document adequate performance of laboratory staff and 
equipment. The study shall be conducted in compliance with 40 CFR part 
792--Good Laboratory Practice Standards.
    (h) References. For additional background information on this test 
guideline, the following references should be consulted. These 
references are available for inspection at the TSCA Nonconfidential 
Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 
St., SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 
except legal holidays.
    (1) Cage, J.C. Ed. Paget, G.E. Experimental Inhalation Toxicology, 
Methods in Toxicology. (F.A. Davis Co., Philadelphia, PA, 1970) pp. 258-
277.
    (2) Casarett, L.J. and Doull. Chapter 9. Toxicology: The Basic 
Science of Poisons (New York: Macmillan Publishing Co., Inc., 1975).
    (3) U.S. Environmental Protection Agency, Office of Pesticide 
Programs, Health Effects Division. Interim policy for particle size and 
limit concentration issues in inhalation toxicity studies (February 1, 
1994).
    (4) MacFarland, H.N. Ed. Hayes, W.J. Vol. 7. Respiratory Toxicology, 
Essays in Toxicology. (Academic Press, New York, NY, 1976) pp. 121-154.
    (5) Organisation for Economic Co-operation and Development. 
Guidelines for testing of chemicals, section 4-health effects, part 413. 
Subchronic Inhalation Toxicity Studies (Paris, 1981).

[62 FR 43824, Aug. 15, 1997, as amended at 64 FR 35077, June 30, 1999]



Sec. 799.9370  TSCA prenatal developmental toxicity.

    (a) Scope This section is intended to meet the testing requirements 
under section 4 of TSCA. This guideline for developmental toxicity 
testing is designed to provide general information concerning the 
effects of exposure on the pregnant test animal and on the developing 
organism; this may include death, structural abnormalities, or altered 
growth and an assessment of maternal effects. For information on testing 
for functional deficiencies and other postnatal effects, the guidelines 
for the two-generation reproductive toxicity study and the developmental 
neurotoxicity study should be consulted.
    (b) Source. The source material used in developing this TSCA test 
guideline is the OPPTS harmonized test guideline 870.3700 (February 1996 
Public Draft). This source is available at the address in paragraph (h) 
of this section.
    (c) Good laboratory practice standards. The study shall be conducted 
in compliance with 40 CFR Part 792--Good Laboratory Practice Standards.
    (d) Principle of the test method. The test substance is administered 
to pregnant animals at least from implantation to one day prior to the 
expected day of parturition. Shortly before the expected date of 
delivery, the pregnant females are terminated, the uterine contents are 
examined, and the fetuses are processed for visceral and skeletal 
evaluation.
    (e) Test procedures--(1) Animal selection--(i) Species and strain. 
It is recommended that testing be performed in the most relevant 
species, and that laboratory species and strains which are

[[Page 288]]

commonly used in prenatal developmental toxicity testing be employed. 
The preferred rodent species is the rat and the preferred non-rodent 
species is the rabbit.
    (ii) Age. Young adult animals shall be used.
    (iii) Sex. Nulliparous female animals shall be used at each dose 
level. Animals should be mated with males of the same species and 
strain, avoiding the mating of siblings, if parentage is known. Day 0 in 
the test is the day on which a vaginal plug and/or sperm are observed in 
the rodent or that insemination is performed or observed in the rabbit.
    (iv) Number of animals. Each test and control group shall contain a 
sufficient number of animals to yield approximately 20 animals with 
implantation sites at necropsy.
    (2) Administration of test and control substances--(i) Dose levels 
and dose selection. (A) At least three-dose levels and a concurrent 
control shall be used. Healthy animals shall be randomly assigned to the 
control and treatment groups, in a manner which results in comparable 
mean body weight values among all groups. The dose levels should be 
spaced to produce a gradation of toxic effects. Unless limited by the 
physical/chemical nature or biological properties of the test substance, 
the highest dose shall be chosen with the aim to induce some 
developmental and/or maternal toxicity but not death or severe 
suffering. In the case of maternal mortality, this should not be more 
than approximately 10%. The intermediate dose levels should produce 
minimal observable toxic effects. The lowest dose level should not 
produce any evidence of either maternal or developmental toxicity (i.e., 
the no-observed-adverse-effect level, NOAEL) or should be at or near the 
limit of detection for the most sensitive endpoint. Two- or four-fold 
intervals are frequently optimal for spacing the dose levels, and the 
addition of a fourth test group is often preferable to using very large 
intervals (e.g., more than a factor of 10) between dosages.
    (B) It is desirable that additional information on metabolism and 
pharmacokinetics of the test substance be available to demonstrate the 
adequacy of the dosing regimen. This information should be available 
prior to testing.
    (C) The highest dose tested need not exceed 1,000 mg/kg/day by oral 
or dermal administration, or 2 mg/L (or the maximum attainable 
concentration) by inhalation, unless potential human exposure data 
indicate the need for higher doses. If a test performed at the limit 
dose level, using the procedures described for this study, produces no 
observable toxicity and if an effect would not be expected based upon 
data from structurally related compounds, then a full study using three-
dose levels may not be considered necessary.
    (ii) Control group. (A) A concurrent control group shall be used. 
This group shall be a sham-treated control group or a vehicle-control 
group if a vehicle is used in administering the test substance.
    (B) The vehicle control group should receive the vehicle in the 
highest volume used.
    (C) If a vehicle or other additive is used to facilitate dosing, 
consideration should be given to the following characteristics: Effects 
on the absorption, distribution, metabolism, or retention of the test 
substance; effects on the chemical properties of the test substance 
which may alter its toxic characteristics; and effects on the food or 
water consumption or the nutritional status of the animals.
    (iii) Route of administration. (A) The test substance or vehicle is 
usually administered orally by intubation.
    (B) If another route of administration is used, for example, when 
the route of administration is based upon the principal route of 
potential human exposure, the tester shall provide justification and 
reasoning for its selection, and appropriate modifications may be 
necessary. Care should be taken to minimize stress on the maternal 
animals. For materials administered by inhalation, whole-body exposure 
is preferable to nose-only exposure due to the stress of restraint 
required for nose-only exposure.
    (C) The test substance shall be administered at approximately the 
same time each day.
    (D) When administered by gavage or dermal application, the dose to 
each

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animal shall be based on the most recent individual body weight 
determination.
    (iv) Dosing schedule. At minimum, the test substance shall be 
administered daily from implantation to the day before cesarean section 
on the day prior to the expected day of parturition. Alternatively, if 
preliminary studies do not indicate a high potential for preimplantation 
loss, treatment may be extended to include the entire period of 
gestation, from fertilization to approximately 1 day prior to the 
expected day of termination.
    (f) Observation of animals--(1) Maternal. (i) Each animal shall be 
observed at least once daily, considering the peak period of anticipated 
effects after dosing. Mortality, moribundity, pertinent behavioral 
changes, and all signs of overt toxicity shall be recorded at this 
cageside observation. In addition, thorough physical examinations shall 
be conducted at the same time maternal body weights are recorded.
    (ii) Animals shall be weighed on day 0, at termination, and at least 
at 3-day intervals during the dosing period.
    (iii) Food consumption shall be recorded on at least 3-day 
intervals, preferably on days when body weights are recorded.
    (iv) (A) Females shall be terminated immediately prior to the 
expected day of delivery.
    (B) Females showing signs of abortion or premature delivery prior to 
scheduled termination shall be killed and subjected to a thorough 
macroscopic examination.
    (v) At the time of termination or death during the study, the dam 
shall be examined macroscopically for any structural abnormalities or 
pathological changes which may have influenced the pregnancy. Evaluation 
of the dams during cesarean section and subsequent fetal analyses should 
be conducted without knowledge of treatment group in order to minimize 
bias.
    (vi) (A) Immediately after termination or as soon as possible after 
death, the uteri shall be removed and the pregnancy status of the 
animals ascertained. Uteri that appear nongravid shall be further 
examined (e.g. by ammonium sulfide staining) to confirm the nonpregnant 
status.
    (B) Each gravid uterus (with cervix) shall be weighed. Gravid 
uterine weights should not be obtained from dead animals if autolysis or 
decomposition has occurred.
    (C) The number of corpora lutea shall be determined for pregnant 
animals.
    (D) The uterine contents shall be examined for embryonic or fetal 
deaths and the number of viable fetuses. The degree of resorption shall 
be described in order to help estimate the relative time of death of the 
conceptus.
    (2) Fetal. (i) The sex and body weight of each fetus shall be 
determined.
    (ii) Each fetus shall be examined for external anomalies.
    (iii) Fetuses shall be examined for skeletal and soft tissue 
anomalies (e.g. variations and malformations or other categories of 
anomalies as defined by the performing laboratory).
    (A) For rodents, approximately one-half of each litter shall be 
prepared by standard techniques and examined for skeletal alterations, 
preferably bone and cartilage. The remainder shall be prepared and 
examined for soft tissue anomalies, using appropriate serial sectioning 
or gross dissection techniques. It is also acceptable to examine all 
fetuses by careful dissection for soft tissue anomalies followed by an 
examination for skeletal anomalies.
    (B) For rabbits, all fetuses shall be examined for both soft tissue 
and skeletal alterations. The bodies of these fetuses should be 
evaluated by careful dissection for soft-tissue anomalies, followed by 
preparation and examination for skeletal anomalies. An adequate 
evaluation of the internal structures of the head, including the eyes, 
brain, nasal passages, and tongue, should be conducted for at least half 
of the fetuses.
    (g) Data and reporting--(1) Treatment of results. Data shall be 
reported individually and summarized in tabular form, showing for each 
test group the types of change and the number of dams, fetuses, and 
litters displaying each type of change.
    (2) Evaluation of study results. The following shall be provided:

[[Page 290]]

    (i) Maternal and fetal test results, including an evaluation of the 
relationship, or lack thereof, between the exposure of the animals to 
the test substance and the incidence and severity of all findings.
    (ii) Criteria used for categorizing fetal external, soft tissue, and 
skeletal anomalies.
    (iii) When appropriate, historical control data to enhance 
interpretation of study results. Historical data (on litter incidence 
and fetal incidence within litter), when used, should be compiled, 
presented, and analyzed in an appropriate and relevant manner. In order 
to justify its use as an analytical tool, information such as the dates 
of study conduct, the strain and source of the animals, and the vehicle 
and route of administration should be included.
    (iv) Statistical analysis of the study findings should include 
sufficient information on the method of analysis, so that an independent 
reviewer/statistician can reevaluate and reconstruct the analysis. In 
the evaluation of study data, the litter should be considered the basic 
unit of analysis.
    (v) In any study which demonstrates an absence of toxic effects, 
further investigation to establish absorption and bioavailability of the 
test substance should be considered.
    (3) Test report. In addition to the reporting requirements as 
specified under 40 CFR part 792, subpart J, the following specific 
information shall be reported. Both individual and summary data should 
be presented.
    (i) Species and strain.
    (ii) Maternal toxic response data by dose, including but not limited 
to:
    (A) The number of animals at the start of the test, the number of 
animals surviving, the number pregnant, and the number aborting.
    (B) Day of death during the study or whether animals survived to 
termination.
    (C) Day of observation of each abnormal clinical sign and its 
subsequent course.
    (D) Body weight and body weight change data, including body weight 
change adjusted for gravid uterine weight.
    (E) Food consumption and, if applicable, water consumption data.
    (F) Necropsy findings, including gravid uterine weight.
    (iii) Developmental endpoints by dose for litters with implants, 
including:
    (A) Corpora lutea counts.
    (B) Implantation data, number and percent of live and dead fetuses, 
and resorptions (early and late).
    (C) Pre- and postimplantation loss calculations.
    (iv) Developmental endpoints by dose for litters with live fetuses, 
including:
    (A) Number and percent of live offspring.
    (B) Sex ratio.
    (C) Fetal body weight data, preferably by sex and with sexes 
combined.
    (D) External, soft tissue, and skeletal malformation and variation 
data. The total number and percent of fetuses and litters with any 
external, soft tissue, or skeletal alteration, as well as the types and 
incidences of individual anomalies, should be reported.
    (v) The numbers used in calculating all percentages or indices.
    (vi) Adequate statistical treatment of results.
    (vii) A copy of the study protocol and any amendments should be 
included.
    (h) References. For additional background information on this test 
guideline, the following references should be consulted. These 
references are available for inspection at the TSCA Nonconfidential 
Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 
St., SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 
except legal holidays.
    (1) Aliverti, V.L. et al. The extent of fetal ossification as an 
index of delayed development in teratogenicity studies in the rat. 
Teratology. 20:237-242 (1979).
    (2) Barrow, M.V. and W.J. Taylor. A rapid method for detecting 
malformations in rat fetuses. Journal of Morphology 127:291-306 (1969).
    (3) Burdi, A.R. Toluidine blue-alizarin red S staining of cartilage 
and bone in whole-mount skeltons in vitro. Stain Technolology. 40:45-48 
(1965).
    (4) Edwards, J.A. Ed. Woolam,D.H.M. The external development of the 
rabbit and rat embryo. Vol. 3. Advances in Teratology (Academic, NY, 
1968).
    (5) Fritz, H. Prenatal ossification in rabbits as indicative of 
fetal maturity. Teratology. 11:313-320 (1974).

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    (6) Fritz, H. and Hess, R. Ossification of the rat and mouse 
skeleton in the perinatal period. Teratology. 3:331-338 (1970).
    (7) Gibson, J.P. et al. Use of the rabbit in teratogenicity studies. 
Toxicology and Applied Pharmacology. 9:398-408 (1966).
    (8) Inouye, M. Differential staining of cartilage and bone in fetal 
mouse skeleton by alcian blue and alizarin red S. Congenital Anomalies. 
16(3):171-173 (1976).
    (9) Igarashi, E. et al. Frequence of spontaneous axial skeletal 
variations detected by the double staining technique for ossified and 
cartilaginous skeleton in rat fetuses. Congenital Anomalies. 32:381-391 
(1992).
    (10) Kimmel, C.A. et al. Skeletal development following heat 
exposure in the rat. Teratology. 47:229-242 (1993).
    (11) Kimmel, C.A. and Francis, E.Z. Proceedings of the workshop on 
the acceptability and interpretation of dermal developmental toxicity 
studies. Fundamental and Applied Toxicology. 14:386-398 (1990).
    (12) Kimmel, C.A. and C. Trammell. A rapid procedure for routine 
double staining of cartilage and bone in fetal and adult animals. Stain 
Technology. 56:271-273 (1981).
    (13) Kimmel, C.A. and Wilson, J.G. Skeletal deviation in rats: 
malformations or variations? Teratology. 8:309-316 (1973).
    (14) Marr, M.C. et al. Comparison of single and double staining for 
evaluation of skeletal development: the effects of ethylene glycol (EG) 
in CD rats. Teratology. 37:476 (1988).
    (15) Marr, M.C. et al. Developmental stages of the CD (Sprague-
Dawley) rat skeleton after maternal exposure to ethylene glycol. 
Teratology. 46:169-181 (1992).
    (16) McLeod, M.J. Differential staining of cartilage and bone in 
whole mouse fetuses by Alcian blue and alizarin red S. Teratology. 
22:299-301 (1980).
    (17) Monie, I.W. et al. Dissection procedures for rat fetuses 
permitting alizarin red staining of skeleton and histological study of 
viscera. Supplement to Teratology Workshop Manual. pp. 163-173 (1965).
    (18) Organisation for Economic Co-operation and Development, No. 
414: Teratogenicity, Guideline for Testing of Chemicals. [C(83)44 
(Final)] (1983).
    (19) Salewski (Koeln), V.E. Faerbermethode zum makroskopischen 
nachweis von implantations stellen am uterus der ratte. Naunyn-
Schmeidebergs Archiv fur Pharmakologie und Experimentelle Pathologie. 
247:367 (1964).
    (20) Spark, C. and Dawson,A.B. The order and time of appearance of 
centers of ossification in the fore and hind limbs of the albino rat, 
with special reference to the possible influence of the sex factor. 
American Journal of Anatomy. 41:411-445 (1928).
    (21) Staples, R.E. Detection of visceral alterations in mammalian 
fetuses. Teratology. 9(3):A37-A38 (1974).
    (22) Staples, R.E. and Schnell, V.L. Refinements in rapid clearing 
technique in the KOH--alizarin red S method for fetal bone. Stain 
Technology. 39:61-63 (1964).
    (23) Strong, R.M. The order time and rate of ossification of the 
albino rat (mus norvegicus albinus) skeleton. American Journal of 
Anatomy. 36: 313-355 (1928).
    (24) Stuckhardt, J.L. and Poppe, S.M. Fresh visceral examination of 
rat and rabbit fetuses used in teratogenicity testing. Teratogenesis, 
Carcinogenesis, and Mutagenesis. 4:181-188 (1984).
    (25) Van Julsingha, E.B. and Bennett,C.G. Eds. Neubert, D., Merker, 
H.J., and Kwasigroch, T.E. A dissecting procedure for the detection of 
anomalies in the rabbit foetal head. Methods in Prenatal Toxicology 
(University of Chicago, Chicago, IL, 1977) pp. 126-144.
    (26) Whitaker, J. and Dix, D.M. Double-staining for rat foetus 
skeletons in teratological studies. Laboratory Animals. 13:309-310 
(1979).
    (27) Wilson, J.G. Eds. Wilson, J.G. and Warkany, J. Embryological 
considerations in teratology. Teratology: Principles and Techniques 
(University of Chicago, Chicago, IL, 1965) pp. 251-277.



Sec. 799.9380  TSCA reproduction and fertility effects.

    (a) Scope. This section is intended to meet the testing requirements 
under section 4 of the TSCA. This section is for two-generation 
reproduction testing and is designed to provide general information 
concerning the effects of a test substance on the integrity and

[[Page 292]]

performance of the male and female reproductive systems, including 
gonadal function, the estrous cycle, mating behavior, conception, 
gestation, parturition, lactation, and weaning, and on the growth and 
development of the offspring. The study may also provide information 
about the effects of the test substance on neonatal morbidity, 
mortality, target organs in the offspring, and preliminary data on 
prenatal and postnatal developmental toxicity and serve as a guide for 
subsequent tests. Additionally, since the study design includes in utero 
as well as postnatal exposure, this study provides the opportunity to 
examine the susceptibility of the immature/neonatal animal.
    (b) Source. The source material used in developing this TSCA test 
guideline is the OPPTS harmonized test guideline 870.3800 (February 1996 
Public Draft). This source is available at the address in paragraph (g) 
of this section.
    (c) Good laboratory practice standards. The study shall be conducted 
in compliance with 40 CFR part 792--Good Laboratory Practice Standards.
    (d) Principle of the test method. The test substance is administered 
to parental (P) animals prior to and during their mating, during the 
resultant pregnancies, and through the weaning of their F1 offspring. 
The substance is then administered to selected F1 offspring during their 
growth into adulthood, mating, and production of an F2 generation, until 
the F2 generation is weaned.
    (e) Test procedures--(1) Animal selection--(i) Species and strain. 
The rat is the most commonly used species for testing. If another 
mammalian species is used, the tester shall provide justification/
reasoning for its selection, and appropriate modifications will be 
necessary. Healthy parental animals, which have been acclimated to 
laboratory conditions for at least 5 days and have not been subjected to 
previous experimental procedures, should be used. Strains of low 
fecundity shall not be used.
    (ii) Age. Parental (P) animals shall be 5 to 9 weeks old at the 
start of dosing. The animals of all test groups should be of uniform 
weight, age, and parity as nearly as practicable, and should be 
representative of the species and strain under study.
    (iii) Sex. (A) For an adequate assessment of fertility, both males 
and females shall be studied.
    (B) The females shall be nulliparous and nonpregnant.
    (iv) Number of animals. Each control group shall contain a 
sufficient number of mating pairs to yield approximately 20 pregnant 
females. Each test group shall contain a similar number of mating pairs.
    (v) Identification of animals. Each animal shall be assigned a 
unique identification number. For the P generation, this should be done 
before dosing starts. For the F1 generation, this should be done for 
animals selected for mating; in addition, records indicating the litter 
of origin shall be maintained for all selected F1 animals.
    (2) Administration of test and control substances--(i) Dose levels 
and dose selection. (A) At least three-dose levels and a concurrent 
control shall be used. Healthy animals should be randomly assigned to 
the control and treatment groups, in a manner which results in 
comparable mean body weight values among all groups. The dose levels 
should be spaced to produce a gradation of toxic effects. Unless limited 
by the physical/chemical nature or biological properties of the test 
substance, the highest dose should be chosen with the aim to induce some 
reproductive and/or systemic toxicity but not death or severe suffering. 
In the case of parental mortality, this should not be more than 
approximately 10%. The intermediate dose levels should produce minimal 
observable toxic effects. The lowest dose level should not produce any 
evidence of either systemic or reproductive toxicity (i.e., the no-
observed-adverse-effect level, NOAEL) or should be at or near the limit 
of detection for the most sensitive endpoint. Two- or four-fold 
intervals are frequently optimal for spacing the dose levels, and the 
addition of a fourth test group is often preferable to using very large 
intervals (e.g., more than a factor of 10) between dosages.
    (B) It is desirable that additional information on metabolism and 
pharmacokinetics of the test substance be available to demonstrate the 
adequacy

[[Page 293]]

of the dosing regimen. This information should be available prior to 
testing.
    (C) The highest dose tested should not exceed 1,000 mg/kg/day (or 
20,000 ppm in the diet), unless potential human exposure data indicate 
the need for higher doses. If a test performed at the limit dose level, 
using the procedures described for this study, produces no observable 
toxicity and if an effect would not be expected based upon data from 
structurally related compounds, then a full study using three dose 
levels may not be considered necessary.
    (ii) Control group. (A) A concurrent control group shall be used. 
This group shall be an untreated or sham treated group or a vehicle-
control group if a vehicle is used in administering the test substance.
    (B) If a vehicle is used in administering the test substance, the 
control group shall receive the vehicle in the highest volume used.
    (C) If a vehicle or other additive is used to facilitate dosing, 
consideration should be given to the following characteristics: Effects 
on the absorption, distribution, metabolism, or retention of the test 
substance; effects on the chemical properties of the test substance 
which may alter its toxic characteristics; and effects on the food or 
water consumption or the nutritional status of the animals.
    (D) If a test substance is administered in the diet and causes 
reduced dietary intake or utilization, the use of a pair-fed control 
group may be considered necessary.
    (iii) Route of administration. (A) The test substance is usually 
administered by the oral route (diet, drinking water, or gavage).
    (B) If administered by gavage or dermal application, the dosage 
administered to each animal prior to mating and during gestation and 
lactation shall be based on the individual animal body weight and 
adjusted weekly at a minimum.
    (C) If another route of administration is used, for example, when 
the route of administration is based upon the principal route of 
potential human exposure, the tester should provide justification and 
reasoning for its selection, and appropriate modifications may be 
necessary. Care should be taken to minimize stress on the maternal 
animals and their litters during gestation and lactation.
    (D) All animals should be dosed by the same method during the 
appropriate experimental period.
    (iv) Dosing schedule. (A) The animals should be dosed with the test 
substance on a 7-days-a-week basis.
    (B) Daily dosing of the parental (P) males and females shall begin 
when they are 5 to 9 weeks old. Daily dosing of the F1 males and females 
shall begin at weaning. For both sexes (P and F1), dosing shall be 
continued for at least 10 weeks before the mating period.
    (C) Daily dosing of the P and F1 males and females shall continue 
until termination.
    (3) Mating procedure--(i) Parental. (A) For each mating, each female 
shall be placed with a single randomly selected male from the same dose 
level (1:1 mating) until evidence of copulation is observed or either 3 
estrous periods or 2 weeks has elapsed. Animals should be separated as 
soon as possible after evidence of copulation is observed. If mating has 
not occurred after 2 weeks or 3 estrous periods, the animals should be 
separated without further opportunity for mating. Mating pairs should be 
clearly identified in the data.
    (B) Vaginal smears shall be collected daily and examined for all 
females during mating, until evidence of copulation is observed.
    (C) Each day, the females shall be examined for presence of sperm or 
vaginal plugs. Day 0 of pregnancy is defined as the day a vaginal plug 
or sperm are found.
    (ii) F1 mating. For mating the F1 offspring, at least one male and 
one female should be randomly selected from each litter for mating with 
another pup of the same dose level but different litter, to produce the 
F2 generation.
    (iii) Second mating. In certain instances, such as poor reproductive 
performance in the controls, or in the event of treatment-related 
alterations in litter size, the adults may be remated to produce an F1b 
or F2b litter. If production of a second litter is deemed necessary in 
either generation,

[[Page 294]]

the dams should be remated approximately 1-2 weeks following weaning of 
the last F1a or F2a litter.
    (iv) Special housing. After evidence of copulation, animals that are 
presumed to be pregnant shall be caged separately in delivery or 
maternity cages. Pregnant animals shall be provided with nesting 
materials when parturition is near.
    (v) Standardization of litter sizes. (A) Animals should be allowed 
to litter normally and rear their offspring to weaning. Standardization 
of litter sizes is optional.
    (B) If standardization is performed, the following procedure should 
be used. On day 4 after birth, the size of each litter may be adjusted 
by eliminating extra pups by random selection to yield, as nearly as 
possible, four males and four females per litter or five males and five 
females per litter. Selective elimination of pups, i.e. based upon body 
weight, is not appropriate. Whenever the number of male or female pups 
prevents having four (or five) of each sex per litter, partial 
adjustment (for example, five males and three females, or four males and 
six females) is acceptable. Adjustments are not appropriate for litters 
of eight pups or less.
    (4) Observation of animals--(i) Parental. (A) Throughout the test 
period, each animal shall be observed at least once daily, considering 
the peak period of anticipated effects after dosing. Mortality, 
moribundity, pertinent behavioral changes, signs of difficult or 
prolonged parturition, and all signs of overt toxicity shall be recorded 
at this cageside examination. In addition, thorough physical 
examinations should be conducted weekly on each animal.
    (B) Parental animals (P and F1) shall be weighed on the first day of 
dosing and weekly thereafter. Parental females (P and F1) should be 
weighed at a minimum on approximately gestation days 0, 7, 14, and 21, 
and during lactation on the same days as the weighing of litters.
    (C) During the premating and gestation periods, food consumption 
shall be measured weekly at a minimum. Water consumption should be 
measured weekly at a minimum if the test substance is administered in 
the water.
    (D) Estrous cycle length and pattern should be evaluated by vaginal 
smears for all P and F1 females during a minimum of 3 weeks prior to 
mating and throughout cohabitation; care should be taken to prevent the 
induction of pseudopregnancy.
    (E) For all P and F1 males at termination, sperm from one testis and 
one epididymis shall be collected for enumeration of homogenization-
resistant spermatids and cauda epididymal sperm reserves, respectively. 
In addition, sperm from the cauda epididymis (or vas deferens) should be 
collected for evaluation of sperm motility and sperm morphology.
    (1) The total number of homogenization-resistant testicular sperm 
and cauda epididymal sperm should be enumerated. The method described in 
the reference under paragraph (g)(8) of this section may be used. Cauda 
sperm reserves can be derived from the concentration and volume of sperm 
in the suspension used to complete the qualitative evaluations, and the 
number of sperm recovered by subsequent mincing and/or homogenizing of 
the remaining cauda tissue. Enumeration in only control and high-dose P 
and F1 males may be performed unless treatment-related effects are 
observed; in that case, the lower dose groups should also be evaluated.
    (2) An evaluation of epididymal (or vas deferens) sperm motility 
should be performed. Sperm should be recovered while minimizing damage 
(the evaluation techniques as described in the reference under paragraph 
(g)(8) of this section may be used), and the percentage of progressively 
motile sperm should be determined either subjectively or objectively. 
For objective evaluations, an acceptable counting chamber of sufficient 
depth can be used to effectively combine the assessment of motility with 
sperm count and sperm morphology. When computer-assisted motion analysis 
is performed, the derivation of progressive motility relies on user-
defined thresholds for average path velocity and straightness or linear 
index. If samples are videotaped, or images otherwise recorded, at the 
time of necropsy, subsequent analysis of only control and high-dose P 
and F1

[[Page 295]]

males may be performed unless treatment-related effects are observed; in 
that case, the lower dose groups should also be evaluated. In the 
absence of a video or digital image, all samples in all treatment groups 
should be analyzed at necropsy.
    (3) A morphological evaluation of an epididymal (or vas deferens) 
sperm sample shall be performed. Sperm (at least 200 per sample) should 
be examined as fixed, wet preparations (the techniques for such 
examinations is described in the references under paragraphs (g)(4) and 
(g)(8) of this section may be used) and classified as either normal 
(both head and midpiece/tail appear normal) or abnormal. Examples of 
morphologic sperm abnormalities would include fusion, isolated heads, 
and misshapen heads and/or tails. Evaluation of only control and high-
dose P and F1 males may be performed unless treatment-related effects 
are observed; in that case, the lower dose groups should also be 
evaluated.
    (ii) Offspring. (A) Each litter should be examined as soon as 
possible after delivery (lactation day 0) to establish the number and 
sex of pups, stillbirths, live births, and the presence of gross 
anomalies. Pups found dead on day 0 should be examined for possible 
defects and cause of death.
    (B) Live pups should be counted, sexed, and weighed individually at 
birth, or soon thereafter, at least on days 4, 7, 14, and 21 of 
lactation, at the time of vaginal patency or balanopreputial separation, 
and at termination.
    (C) The age of vaginal opening and preputial separation should be 
determined for F1 weanlings selected for mating. If there is a 
treatment-related effect in F1 sex ratio or sexual maturation, 
anogenital distance should be measured on day 0 for all F2 pups.
    (5) Termination schedule. (i) All P and F1 adult males and females 
should be terminated when they are no longer needed for assessment of 
reproductive effects.
    (ii) F1 offspring not selected for mating and all F2 offspring 
should be terminated at comparable ages after weaning.
    (6) Gross necropsy. (i) At the time of termination or death during 
the study, all parental animals (P and F1) and when litter size permits 
at least three pups per sex per litter from the unselected F1 weanlings 
and the F2 weanlings shall be examined macroscopically for any 
structural abnormalities or pathological changes. Special attention 
shall be paid to the organs of the reproductive system.
    (ii) Dead pups or pups that are terminated in a moribund condition 
should be examined for possible defects and/or cause of death.
    (iii) At the time of necropsy, a vaginal smear should be examined to 
determine the stage of the estrous cycle. The uteri of all cohabited 
females should be examined, in a manner which does not compromise 
histopathological evaluation, for the presence and number of 
implantation sites.
    (7) Organ weights. (i) At the time of termination, the following 
organs of all P and F1 parental animals shall be weighed:
    (A) Uterus (with oviducts and cervix), ovaries.
    (B) Testes, epididymides (total weights for both and cauda weight 
for either one or both), seminal vesicles (with coagulating glands and 
their fluids), and prostate.
    (C) Brain, pituitary, liver, kidneys, adrenal glands, spleen, and 
known target organs.
    (ii) For F1 and F2 weanlings that are examined macroscopically, the 
following organs shall be weighed for one randomly selected pup per sex 
per litter.
    (A) Brain.
    (B) Spleen and thymus.
    (8) Tissue preservation. The following organs and tissues, or 
representative samples thereof, shall be fixed and stored in a suitable 
medium for histopathological examination.
    (i) For the parental (P and F1) animals:
    (A) Vagina, uterus with oviducts, cervix, and ovaries.
    (B) One testis (preserved in Bouins fixative or comparable 
preservative), one epididymis, seminal vesicles, prostate, and 
coagulating gland.
    (C) Pituitary and adrenal glands.
    (D) Target organs, when previously identified, from all P and F1 
animals selected for mating.

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    (E) Grossly abnormal tissue.
    (ii) For F1 and F2 weanlings selected for macroscopic examination: 
Grossly abnormal tissue and target organs, when known.
    (9) Histopathology--(i) Parental animals. Full histopathology of the 
organs listed in paragraph (e)(8)(i) of this section shall be performed 
for ten randomly chosen high dose and control P and F1 animals per sex, 
for those animals that were selected for mating. Organs demonstrating 
treatment-related changes shall also be examined for the remainder of 
the high-dose and control animals and for all parental animals in the 
low- and mid-dose groups. Additionally, reproductive organs of the low- 
and mid-dose animals suspected of reduced fertility, e.g., those that 
failed to mate, conceive, sire, or deliver healthy offspring, or for 
which estrous cyclicity or sperm number, motility, or morphology were 
affected, shall be subjected to histopathological evaluation. Besides 
gross lesions such as atrophy or tumors, testicular histopathological 
examination should be conducted in order to to identify treatment-
related effects such as retained spermatids, missing germ cell layers or 
types, multinucleated giant cells, or sloughing of spermatogenic cells 
into the lumen. Examination of the intact epididymis should include the 
caput, corpus, and cauda, which can be accomplished by evaluation of a 
longitudinal section, and should be conducted in order to identify such 
lesions as sperm granulomas, leukocytic infiltration (inflammation), 
aberrant cell types within the lumen, or the absence of clear cells in 
the cauda epididymal epithelium. The postlactational ovary should 
contain primordial and growing follicles as well as the large corpora 
lutea of lactation. Histopathological examination should detect 
qualitative depletion of the primordial follicle population. A 
quantitative evaluation of primordial follicles should be conducted for 
all F1 females; the number of animals, ovarian section selection, and 
section sample size should be statistically appropriate for the 
evaluation procedure used. Examination should include enumeration of the 
number of primordial follicles, which can be combined with small growing 
follicles (see paragraphs (g)(1) and (g)(2) of this section), for 
comparison of treated and control ovaries.
    (ii) Weanling. For F1 and F2 weanlings, histopathological 
examination of treatment-related abnormalities noted in macroscopic 
examination should be considered, if such evaluation were deemed 
appropriate and would contribute to the interpretation of the study 
data.
    (f) Data and reporting--(1) Treatment of results. Data shall be 
reported individually and summarized in tabular form, showing for each 
test group the types of change and the number of animals displaying each 
type of change.
    (2) Evaluation of study results. (i) An evaluation of test results, 
including the statistical analysis, shall be provided. This should 
include an evaluation of the relationship, or lack thereof, between the 
exposure of the animals to the test substance and the incidence and 
severity of all abnormalities.
    (ii) When appropriate, historical control data should be used to 
enhance interpretation of study results. Historical data, when used, 
should be compiled, presented, and analyzed in an appropriate and 
relevant manner. In order to justify its use as an analytical tool, 
information such as the dates of study conduct, the strain and source of 
the animals, and the vehicle and route of administration should be 
included.
    (iii) Statistical analysis of the study findings should include 
sufficient information on the method of analysis, so that an independent 
reviewer/statistician can reevaluate and reconstruct the analysis.
    (iv) In any study which demonstrates an absence of toxic effects, 
further investigation to establish absorption and bioavailability of the 
test substance should be considered.
    (3) Test report. In addition to the reporting requirements as 
specified under 40 CFR part 792, subpart J, the following specific 
information shall be reported. Both individual and summary data should 
be presented.
    (i) Species and strain.
    (ii) Toxic response data by sex and dose, including indices of 
mating, fertility, gestation, birth, viability, and lactation; offspring 
sex ratio; precoital interval, including the number of days

[[Page 297]]

until mating and the number of estrous periods until mating; and 
duration of gestation calculated from day 0 of pregnancy. The report 
should provide the numbers used in calculating all indices.
    (iii) Day (week) of death during the study or whether animals 
survived to termination; date (age) of litter termination.
    (iv) Toxic or other effects on reproduction, offspring, or postnatal 
growth.
    (v) Developmental milestone data (mean age of vaginal opening and 
preputial separation, and mean anogenital distance, when measured).
    (vi) Number of P and F1 females cycling pattern and mean estrous 
cycle length.
    (vii) Day (week) of observation of each abnormal sign and its 
subsequent course.
    (viii) Body weight and body weight change data by sex for P, F1, and 
F2 animals.
    (ix) Food (and water, if applicable) consumption, food efficiency 
(body weight gain per gram of food consumed), and test material 
consumption for P and F1 animals, except for the period of cohabitation.
    (x) Total cauda epididymal sperm number, homogenization-resistant 
testis spermatid number, number and percent of progressively motile 
sperm, number and percent of morphologically normal sperm, and number 
and percent of sperm with each identified anomaly.
    (xi) Stage of the estrous cycle at the time of termination for P and 
F1 parental females.
    (xii) Necropsy findings.
    (xiii) Implantation data and postimplantation loss calculations for 
P and F1 parental females.
    (xiv) Absolute and adjusted organ weight data.
    (xv) Detailed description of all histopathological findings.
    (xvi) Adequate statistical treatment of results.
    (xvii) A copy of the study protocol and any amendments should be 
included.
    (g) References. For additional backgound information on this test 
guideline, the following references should be consulted. These 
references are available for inspection at the TSCA Nonconfidential 
Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 
St., SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 
except legal holidays.
    (1) Gray, L.E. et al. A dose-response analysis of methoxychlor-
induced alterations of reproductive development and function in the rat. 
Fundamental and Applied Toxicology. 12:92-108 (1989).
    (2) Heindel, J.J. et al. Ed. Hirshfield, A.N. Histological 
assessment of ovarian follicle number in mice as a screen of ovarian 
toxicity. Growth Factors and the Ovary (Plenum, NY, 1989) pp. 421-426.
    (3) Korenbrot, C.C. et al. Preputial separation as an external sign 
of pubertal development in the male rat. Biology of Reproduction. 
17:298-303 (1977).
    (4) Linder, R.E. et al. Endpoints of spermatoxicity in the rat after 
short duration exposures to fourteen reproductive toxicants. 
Reproductive Toxicology. 6:491-505 (1992).
    (5) Manson, J.M. and Kang, Y.J. Ed. Hayes, A.W. Test methods for 
assessing female reproductive and developmental toxicology. Principles 
and Methods of Toxicology (Raven, NY, 1989).
    (6) Organisation for Economic Co-operation and Development, No. 416: 
Two Generation Reproduction Toxicity Study, Guidelines for Testing of 
Chemicals. [C(83)44 (Final)] (1983).
    (7) Pederson, T. and Peters, H. Proposal for classification of 
oocytes and follicles in the mouse ovary. Journal of Reproduction and 
Fertility. 17:555-557 (1988).
    (8) Seed, J., Chapin, R.E. E.D. Clegg, L.A. Dostal, R.H. Foote, M.E. 
Hurtt, G.R. Klinefelter, S.L. Makris, S.D. Perreault, S. Schrader, D. 
Seyler, R. Sprando, K.A. Treinen, D.N.R. Veeramachaneni, and Wise, L.D. 
Methods for assessing sperm motility, morphology, and counts in the rat, 
rabbit, and dog: a consensus report. Reproductive Toxicology. 10(3):237-
244 (1996).
    (9) Smith, B.J. et al. Comparison of random and serial sections in 
assessment of ovarian toxicity. Reproductive Toxicology. 5:379-383 
(1991).
    (10) Thomas, J.A. Eds. M.O. Amdur, J. Doull, and C.D. Klaassen. 
Toxic responses of the reproductive system.

[[Page 298]]

Casarett and Doull's Toxicology (Pergamon, NY, 1991).
    (11) Working, P.K. and Hurtt, M. Computerized videomicrographic 
analysis of rat sperm motility. Journal of Andrology. 8:330-337 (1987).
    (12) Zenick, H. et al. Ed. Hayes, A.W. Assessment of male 
reproductive toxicity: a risk assessment approach. Principles and 
Methods of Toxicology (Raven, NY, 1994).

[62 FR 43824, Aug. 15, 1997, as amended at 64 FR 35078, June 30, 1999]



Sec. 799.9420  TSCA carcinogenicity.

    (a) Scope. This section is intended to meet the testing requirements 
under section 4 of TSCA. The objective of a long-term carcinogenicity 
study is to observe test animals for a major portion of their life span 
for development of neoplastic lesions during or after exposure to 
various doses of a test substance by an appropriate route of 
administration.
    (b) Source. The source material used in developing this TSCA test 
guideline is the OPPTS harmonized test guideline 870.4200 (June 1996 
Public Draft). This source is available at the address in paragraph (g) 
of this section.
    (c) Definitions. The following definitions apply to this section.
    Carcinogenicity is the development of neoplastic lesions as a result 
of the repeated daily exposure of experimental animals to a chemical by 
the oral, dermal, or inhalation routes of exposure.
    Cumulative toxicity is the adverse effects of repeated dose 
occurring as a result of prolonged action on, or increased concentration 
of, the administered test substance or its metabolites in susceptible 
tissues.
    Dose in a carcinogenicity study is the amount of test substance 
administered via the oral, dermal or inhalation routes for a period of 
up to 24 months. Dose is expressed as weight of the test substance 
(grams, milligrams) per unit body weight of test animal (milligram per 
kilogram), or as weight of the test substance in parts per million (ppm) 
in food or drinking water. When exposed via inhalation, dose is 
expressed as weight of the test substance per unit volume of air 
(milligrams per liter) or as parts per million.
    Target organ is any organ of a test animal showing evidence of an 
effect induced by a test substance.
    (d) Test procedures--(1) Animal selection--(i) Species and strain. 
Testing shall be performed on two mammalian species. Rats and mice are 
the species of choice because of their relatively short life spans, 
limited cost of maintenance, widespread use in pharmacological and 
toxicological studies, susceptibility to tumor induction, and the 
availability of inbred or sufficiently characterized strains. Commonly 
used laboratory strains shall be used. If other mammalian species are 
used, the tester shall provide justification/reasoning for their 
selection.
    (ii) Age/weight. (A) Testing shall be started with young healthy 
animals as soon as possible after weaning and acclimatization.
    (B) Dosing should generally begin no later than 8 weeks of age.
    (C) At commencement of the study, the weight variation of animals 
used shall not exceed  20% of the mean weight for each sex.
    (D) Studies using prenatal or neonatal animals may be recommended 
under special conditions.
    (iii) Sex. (A) Equal numbers of animals of each sex shall be used at 
each dose level.
    (B) Females shall be nulliparous and nonpregnant.
    (iv) Numbers. (A) At least 100 rodents (50 males and 50 females) 
shall be used at each dose level and concurrent control group.
    (B) If interim sacrifices are planned, the number shall be increased 
by the number of animals scheduled to be sacrificed during the course of 
the study.
    (C) For a meaningful and valid statistical evaluation of long term 
exposure and for a valid interpretation of negative results, the number 
of animals in any group should not fall below 50% at 15 months in mice 
and 18 months in rats. Survival in any group should not fall below 25% 
at 18 months in mice and 24 months in rats.
    (D) The use of adequate randomization procedures for the proper 
allocation of animals to test and control groups is required to avoid 
bias.
    (E) Each animal shall be assigned a unique identification number. 
Dead

[[Page 299]]

animals, their preserved organs and tissues, and microscopic slides 
shall be identified by reference to the unique numbers assigned.
    (v) Husbandry. (A) Animals may be group-caged by sex, but the number 
of animals per cage must not interfere with clear observation of each 
animal. The biological properties of the test substance or toxic effects 
(e.g., morbidity, excitability) may indicate a need for individual 
caging. Animals should be housed individually in dermal studies and 
during exposure in inhalation studies.
    (B) The temperature of the experimental animal rooms should be at 22 
 3  deg.C.
    (C) The relative humidity of the experimental animal rooms should be 
30 to 70%.
    (D) Where lighting is artificial, the sequence should be 12 h light/
12 h dark.
    (E) Control and test animals should be fed from the same batch and 
lot. The feed should be analyzed to assure uniform distribution and 
adequacy of nutritional requirements of the species tested and for 
impurities that might influence the outcome of the test. Animals should 
be fed and watered ad libitum with food replaced at least weekly.
    (F) The study should not be initiated until animals have been 
allowed a period of acclimatization/quarantine to environmental 
conditions, nor should animals from outside sources be placed on test 
without an adequate period of quarantine.
    (2) Control and test substances. (i) Where necessary, the test 
substance is dissolved or suspended in a suitable vehicle. If a vehicle 
or diluent is needed, it should not elicit toxic effects itself. It is 
recommended that wherever possible the use of an aqueous solution be 
considered first, followed by consideration of solution in oil, and 
finally solution in other vehicles.
    (ii) One lot of the test substance should be used, if possible, 
throughout the duration of the study, and the research sample should be 
stored under conditions that maintain its purity and stability. Prior to 
the initiation of the study, there should be a characterization of the 
test substance, including the purity of the test compound, and, if 
possible, the name and quantities of contaminants and impurities.
    (iii) If the test or control substance is to be incorporated into 
feed or another vehicle, the period during which the test substance is 
stable in such a mixture should be determined prior to the initiation of 
the study. Its homogeneity and concentration should be determined prior 
to the initiation of the study and periodically during the study. 
Statistically randomized samples of the mixture should be analyzed to 
ensure that proper mixing, formulation, and storage procedures are being 
followed, and that the appropriate concentration of the test or control 
substance is contained in the mixture.
    (3) Control groups. A concurrent control group (50 males and 50 
females) is required. This group shall be untreated or if a vehicle is 
used in administering the test substance, a vehicle control group. If 
the toxic properties of the vehicle are not known, both untreated and 
vehicle control groups are required.
    (4) Dose levels and dose selection. (i) For risk assessment 
purposes, at least three dose levels shall be used, in addition to the 
concurrent control group. Dose levels should be spaced to produce a 
gradation of effects. A rationale for the doses selected must be 
provided.
    (ii) The highest dose level should elicit signs of toxicity without 
substantially altering the normal life span due to effects other than 
tumors. The highest dose should be determined based on the findings from 
a 90-day study to ensure that the dose used is adequate to asses the 
carcinogenic potential of the test substance. Thus, the selection of the 
highest dose to be tested is dependent upon changes observed in several 
toxicological parameters in subchronic studies. The highest dose tested 
need not exceed 1,000 mg/kg/day.
    (iii) The intermediate-dose level should be spaced to produce a 
gradation of toxic effects.
    (iv) The lowest dose level should produce no evidence of toxicity.

[[Page 300]]

    (v) For skin carcinogenicity studies, when toxicity to the skin is a 
determining factor, the highest dose selected should not destroy the 
functional integrity of the skin, the intermediate dose should be a 
minimally irritating dose, and the low dose should be the highest 
nonirritating dose.
    (vi) The criteria for selecting the dose levels for skin 
carcinogenicity studies, based on gross and histopathologic dermal 
lesions, are as follows:
    (A) Gross criteria for reaching the high dose:
    (1) Erythema (moderate).
    (2) Scaling.
    (3) Edema (mild).
    (4) Alopecia.
    (5) Thickening.
    (B) Histologic criteria for reaching the high dose:
    (1) Epidermal hyperplasia.
    (2) Epidermal hyperkeratosis.
    (3) Epidermal parakeratosis.
    (4) Adnexal atrophy/hyperplasia.
    (5) Fibrosis.
    (6) Spongiosis (minimal-mild).
    (7) Epidermal edema (minimal-mild).
    (8) Dermal edema (minimal-moderate).
    (9) Inflammation (moderate).
    (C) Gross criteria for exceeding the high dose:
    (1) Ulcers, fissures.
    (2) Exudate/crust (eschar).
    (3) nonviable (dead) tissues.
    (4) Anything leading to destruction of the functional integrity of 
the epidermis (e.g., caking, fissuring, open sores, eschar).
    (D) Histologic criteria for exceeding the high dose:
    (1) Crust (interfollicular and follicular).
    (2) Microulcer.
    (3) Degeneration/necrosis (mild to moderate).
    (4) Epidermal edema (moderate to marked).
    (5) Dermal edema (marked).
    (6) Inflammation (marked).
    (5) Administration of the test substance. The three main routes of 
administration are oral, dermal, and inhalation. The choice of the route 
of administration depends upon the physical and chemical characteristics 
of the test substance and the form typifying exposure in humans.
    (i) Oral studies. If the test substance is administered by gavage, 
the animals are dosed with the test substance on a 7-day per week basis 
for a period of at least 18 months for mice and hamsters and 24 months 
for rats. However, based primarily on practical considerations, dosing 
by gavage or via a capsule on a 5-day per week basis is acceptable. If 
the test substance is administered in the drinking water or mixed in the 
diet, then exposure should be on a 7-day per week basis.
    (ii) Dermal studies. (A) The animals should be treated with the test 
substance for at least 6 h/day on a 7-day per week basis for a period of 
at least 18 months for mice and hamsters and 24 months for rats. 
However, based primarily on practical considerations, application on a 
5-day per week basis is acceptable. Dosing should be conducted at 
approximately the same time each day.
    (B) Fur should be clipped weekly from the dorsal area of the trunk 
of the test animals. Care should be taken to avoid abrading the skin 
which could alter its permeability. A minimum of 24 hrs should be 
allowed for the skin to recover before the next dosing of the animal.
    (C) Preparation of test substance. Liquid test substances are 
generally used undiluted, except as indicated in paragraph (e)(4)(vi) of 
this section. Solids should be pulverized when possible. The substance 
should be moistened sufficiently with water or, when necessary, with a 
suitable vehicle to ensure good contact with the skin. When a vehicle is 
used, the influence of the vehicle on toxicity of, and penetration of 
the skin by, the test substance should be taken into account. The volume 
of application should be kept constant, e.g. less than 100 uL for the 
mouse and less than 300 uL for the rat. Different concentrations of test 
solution should be prepared for different dose levels.
    (D) The test substance shall be applied uniformly over a shaved area 
which is approximately 10 percent of the total body surface area. In 
order to dose approximately 10 percent of the body surface, the area 
starting at the

[[Page 301]]

scapulae (shoulders) to the wing of the ileum (hipbone) and half way 
down the flank on each side of the animal should be shaved. With highly 
toxic substances, the surface area covered may be less, but as much of 
the area as possible should be covered with as thin and uniform a film 
as practical.
    (iii) Inhalation studies. (A) The animals should be exposed to the 
test substance for 6 h/day on a 7-day per week basis, for a period of at 
least 18 months in mice and 24 months in rats. However, based primarily 
on practical considerations, exposure for 6 h/day on a 5-day per week 
basis is acceptable.
    (B) The animals shall be tested in dynamic inhalation equipment 
designed to sustain a minimum air flow of 10 air changes per hr, an 
adequate oxygen content of at least 19%, and uniform conditions 
throughout the exposure chamber. Maintenance of slight negative pressure 
inside the chamber will prevent leakage of the test substance into 
surrounding areas.
    (C) The selection of a dynamic inhalation chamber should be 
appropriate for the test substance and test system. Where a whole body 
chamber is used to expose animals to an aerosol, individual housing must 
be used to minimize crowding of the test animals and maximize their 
exposure to the test substance. To ensure stability of a chamber 
atmosphere, the total volume occupied by the test animals shall not 
exceed 5% of the volume of the test chamber. It is recommended, but not 
required, that nose-only or head-only exposure be used for aerosol 
studies in order to minimize oral exposures due to animals licking 
compound off their fur. Heat stress to the animals should be minimized.
    (D) The temperature at which the test is performed should be 
maintained at 22  2  deg.C. The relative humidity should be 
maintained between 40 to 60%, but in certain instances (e.g., tests of 
aerosols, use of water vehicle) this may not be practicable.
    (E) The rate of air flow shall be monitored continuously but 
recorded at least three times during exposure.
    (F) Temperature and humidity shall be monitored continuously but 
should be recorded at least every 30 minutes.
    (G) The actual concentration of the test substance shall be measured 
in the breathing zone. During the exposure period, the actual 
concentrations of the test substance should be held as constant as 
practicable, monitored continuously or intermittently depending on the 
method of analysis. Chamber concentrations may be measured using 
gravimetric or analytical methods as appropriate. If trial run 
measurements are reasonably consistent (plus or minus 10 percent for 
liquid aerosol, gas, or vapor; plus or minus 20 percent for dry 
aerosol), the two measurements should be sufficient. If measurements are 
not consistent, then three to four measurements should be taken.
    (H) During the development of the generating system, particle size 
analysis shall be performed to establish the stability of aerosol 
concentrations with respect to particle size. Measurement of aerodynamic 
particle size in the animals's breathing zone should be measured during 
a trial run. If median aerodynamic diameter (MMAD) values for each 
exposure level are within 10% of each other, then two measurements 
during the exposures should be sufficient. If pretest measurements are 
not within 10% of each other, three to four measurements should be 
taken. The MMAD particle size range should be between 1-3 m. 
The particle size of hygroscopic materials should be small enough to 
allow pulmonary deposition once the particles swell in the moist 
environment of the respiratory tract.
    (I) Feed shall be withheld during exposure. Water may also be 
withheld during exposure.
    (6) Observation period. It is necessary that the duration of the 
carcinogenicity study comprise the majority of the normal life span of 
the strain of animals used. This time period shall not be less than 24 
months for rats and 18 months for mice, and ordinarily not longer than 
30 months for rats and 24 months for mice. For longer time periods, and 
where any other species are used, consultation with the Agency in regard 
to the duration of the study is advised.
    (7) Observation of animals. (i) Observations shall be made at least 
once each

[[Page 302]]

day for morbidity and mortality. Appropriate actions should be taken to 
minimize loss of animals from the study (e.g., necropsy or refrigeration 
of those animals found dead and isolation or sacrifice of weak or 
moribund animals).
    (ii) A careful clinical examination shall be made at least once 
weekly. Observations should be detailed and carefully recorded, 
preferably using explicitly defined scales. Observations should include, 
but not be limited to, evaluation of skin and fur, eyes and mucous 
membranes, respiratory and circulatory effects, autonomic effects such 
as salivation, central nervous system effects, including tremors and 
convulsions, changes in the level of activity, gait and posture, 
reactivity to handling or sensory stimuli, altered strength and 
stereotypes or bizarre behavior (e.g., self-mutilation, walking 
backwards).
    (iii) Body weights shall be recorded individually for all animals; 
once a week during the first 13 weeks of the study and at least once 
every 4 weeks, thereafter, unless signs of clinical toxicity suggest 
more frequent weighing to facilitate monitoring of health status.
    (iv) Measurements of feed consumption should be determined weekly 
during the first 13 weeks of the study and at approximately monthly 
intervals thereafter unless health status or body weight changes dictate 
otherwise. Measurement of water consumption should be determined at the 
same intervals if the test substance is administered in the drinking 
water.
    (v) Moribund animals shall be removed and sacrificed when noticed 
and the time of death should be recorded as precisely as possible. At 
the end of the study period, all survivors shall be sacrificed.
    (8) Clinical pathology. At 12 months, 18 months, and at terminal 
sacrifice, a blood smear shall be obtained from all animals. A 
differential blood count should be performed on blood smears from those 
animals in the highest dosage group and the controls from the terminal 
sacrifice. If these data, or data from the pathological examination 
indicate a need, then the 12- and 18-month blood smears should also be 
examined. Differential blood counts should be performed for the next 
lower groups if there is a major discrepancy between the highest group 
and the controls. If clinical observations suggest a deterioration in 
health of the animals during the study, a differential blood count of 
the affected animals shall be performed.
    (9) Gross necropsy. (i) A complete gross examination shall be 
performed on all animals, including those that died during the 
experiment or were killed in a moribund condition.
    (ii) At least the liver, kidneys, adrenals, testes, epididymides, 
ovaries, uterus, spleen, brain, and heart should be weighed wet as soon 
as possible after dissection to avoid drying. The lungs should be 
weighed if the test substance is administered by the inhalation route. 
The organs should be weighed from interim sacrifice animals as well as 
from at least 10 animals per sex per group at terminal sacrifice.
    (iii) The following organs and tissues, or representative samples 
thereof, shall be preserved in a suitable medium for possible future 
histopathological examination.
    (A) Digestive system.
    (1) Salivary glands.
    (2) Esophagus.
    (3) Stomach.
    (4) Duodenum.
    (5) Jejunum.
    (6) Ileum.
    (7) Cecum.
    (8) Colon.
    (9) Rectum.
    (10) Liver.
    (11) Pancreas.
    (12) Gallbladder (mice).
    (B) Nervous system.
    (1) Brain (multiple sections).
    (2) Pituitary.
    (3) Peripheral nerves.
    (4) Spinal cord (three levels).
    (5) Eyes (retina, optic nerve).
    (C) Glandular system.
    (1) Adrenals.
    (2) Parathyroids.
    (3) Thyroids.
    (D) Respiratory system.
    (1) Trachea.
    (2) Lung.
    (3) Pharynx.
    (4) Larynx.
    (5) Nose.

[[Page 303]]

    (E) Cardiovascular/hematopoietic system.
    (1) Aorta (thoracic).
    (2) Heart.
    (3) Bone marrow.
    (4) Lymph nodes.
    (5) Spleen.
    (F) Urogenital system.
    (1) Kidneys.
    (2) Urinary bladder.
    (3) Prostate.
    (4) Testes/epididymides.
    (5) Seminal vesicles.
    (6) Uterus.
    (7) Ovaries.
    (8) Female mammary gland.
    (G) Other.
    (1) Skin.
    (2) All gross lesions and masses.
    (iv) In inhalation studies, the entire respiratory tract, including 
nose, pharynx, larynx, and paranasal sinuses should be examined and 
preserved. In dermal studies, skin from treated and adjacent control 
skin sites should be examined and preserved.
    (v) Inflation of lungs and urinary bladder with a fixative is the 
optimal method for preservation of these tissues. The proper inflation 
and fixation of the lungs in inhalation studies is essential for 
appropriate and valid histopathological examination.
    (vi) Information from clinical pathology, and other in-life data 
should be considered before microscopic examination, since they may 
provide significant guidance to the pathologist.
    (10) Histopathology. (i) The following histopathology shall be 
performed:
    (A) Full histopathology on the organs and tissues under paragraph 
(d)(9) (iii) of this section of all animals in the control and high dose 
groups and all animals that died or were killed during the study.
    (B) All gross lesions in all animals.
    (C) Target organs in all animals.
    (ii) If the results show substantial alteration of the animal's 
normal life span, the induction of effects that might affect a 
neoplastic response, or other effects that might compromise the 
significance of the data, the next lower dose levels shall be examined 
as described in paragraph (d)(10)(i) of this section.
    (iii) An attempt should be made to correlate gross observations with 
microscopic findings.
    (iv) Tissues and organs designated for microscopic examination 
should be fixed in 10 percent buffered formalin or a recognized suitable 
fixative as soon as necropsy is performed and no less than 48 hours 
prior to trimming.
    (e) Data and reporting--(1) Treatment of results. (i) Data shall be 
summarized in tabular form, showing for each test group the number of 
animals at the start of the test, the number of animals showing lesions, 
the types of lesions, and the percentage of animals displaying each type 
of lesion.
    (ii) All observed results (quantitative and qualitative) shall be 
evaluated by an appropriate statistical method. Any generally accepted 
statistical methods may be used; the statistical methods including 
significance criteria shall be selected during the design of the study.
    (2) Evaluation of study results. (i) The findings of a 
carcinogenicity study should be evaluated in conjunction with the 
findings of previous studies and considered in terms of the toxic 
effects, the necropsy and histopathological findings. The evaluation 
shall include the relationship between the dose of the test substance 
and the presence, incidence, and severity of abnormalities (including 
behavioral and clinical abnormalities), gross lesions, identified target 
organs, body weight changes, effects on mortality, and any other general 
or specific toxic effects.
    (ii) In any study which demonstrates an absence of toxic effects, 
further investigation to establish absorption and bioavailablity of the 
test substance should be considered.
    (iii) In order for a negative test to be acceptable, it must meet 
the following criteria: No more than 10% of any group is lost due to 
autolysis, cannibalism, or management problems; and survival in each 
group is no less than 50% at 15 months for mice and 18 months for rats. 
Survival should not fall below 25% at 18 months for mice and 24 months 
for rats.
    (iv) The use of historical control data from an appropriate time 
period from the same testing laboratory (i.e., the incidence of tumors 
and other suspect

[[Page 304]]

lesions normally occurring under the same laboratory conditions and in 
the same strain of animals employed in the test) is helpful for 
assessing the significance of changes observed in the current study.
    (3) Test report. (i) In addition to the reporting requirements as 
specified under 40 CFR part 792, subpart J, the following specific 
information shall be reported. Both individual and summary data should 
be presented.
    (A) Test substance characterization should include:
    (1) Chemical identification.
    (2) Lot or batch number.
    (3) Physical properties.
    (4) Purity/impurities.
    (5) Identification and composition of any vehicle used.
    (B) Test system should contain data on:
    (1) Species and strain of animals used and rationale for selection 
if other than that recommended.
    (2) Age including body weight data and sex.
    (3) Test environment including cage conditions, ambient temperature, 
humidity, and light/dark periods.
    (4) Identification of animal diet.
    (5) Acclimation period.
    (C) Test procedure should include the following data:
    (1) Method of randomization used.
    (2) Full description of experimental design and procedure.
    (3) Dose regimen including levels, methods, and volume.
    (4) Test results--(i) Group animal data. Tabulation of toxic 
response data by species, strain, sex, and exposure level for:
    (A) Number of animals exposed.
    (B) Number of animals showing signs of toxicity.
    (C) Number of animals dying.
    (ii) Individual animal data. Data should be presented as summary 
(group mean) as well as for individual animals.
    (A) Time of death during the study or whether animals survived to 
termination.
    (B) Time of observation of each abnormal sign and its subsequent 
course.
    (C) Body weight data.
    (D) Feed and water consumption data, when collected.
    (E) Results of clinical pathology and immunotoxicity screen when 
performed.
    (F) Necropsy findings including absolute/relative organ weight data.
    (G) Detailed description of all histopathological findings.
    (H) Statistical treatment of results where appropriate.
    (I) Historical control data.
    (J) Achieved dose (mg/kg/day) as a time-weighted average if the test 
substance is administered in the diet or drinking water.
    (iii) Inhalation studies. In addition, for inhalation studies the 
following shall be reported:
    (A) Test conditions. The following exposure conditions shall be 
reported.
    (1) Description of exposure apparatus including design, type, 
dimensions, source of air, system for generating particulate and 
aerosols, method of conditioning air, treatment of exhaust air and the 
method of housing the animals in a test chamber.
    (2) The equipment for measuring temperature, humidity, and 
particulate aerosol concentrations and size should be described.
    (B) Exposure data. These shall be tabulated and presented with mean 
values and a measure of variability (e.g. standard deviation) and should 
include:
    (1) Airflow rates through the inhalation equipment.
    (2) Temperature and humidity of air.
    (3) Actual (analytical or gravimetric) concentration in the 
breathing zone.
    (4) Nominal concentration (total amount of test substance fed into 
the inhalation equipment divided by volume of air).
    (5) Particle size distribution, calculated MMAD and geometric 
standard deviation (GSD).
    (6) Explanation as to why the desired chamber concentration and/or 
particle size could not be achieved (if applicable) and the efforts 
taken to comply with this aspect of the sections.
    (f) Quality assurance. A system shall be developed and maintained to 
assure and document adequate performance of laboratory staff and 
equipment. The study shall be conducted in compliance with 40 CFR part 
792--Good Laboratory Practice Standards.

[[Page 305]]

    (g) References. For additional background information on this test 
guideline, the following references should be consulted. These 
references are available for inspection at the TSCA Nonconfidential 
Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 
St., SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 
except legal holidays.
    (1) Benitz, K.F. Ed. Paget, G.E. Measurement of Chronic Toxicity. 
Methods of Toxicology (Blackwell, Oxford, 1970) pp. 82-131.
    (2) Fitzhugh, O.G. Chronic Oral Toxicity, Appraisal of the Safety of 
Chemicals in Foods, Drugs and Cosmetics. The Association of Food and 
Drug Officials of the United States. pp. 36-45 (1959, 3rd Printing 
1975).
    (3) Goldenthal, E.I. and D'Aguanno, W. Evaluation of Drugs, 
Appraisal of the Safety of Chemicals in Foods, Drugs, and Cosmetics. The 
Association of Food and Drug Officials of the United States. pp. 60-67 
(1959, 3rd Printing 1975).
    (4) Organisation for Economic Co-operation and Development. 
Guidelines for Testing of Chemicals, Section 4-Health Effects, Part 451 
Carcinogenicity Studies (Paris, 1981).
    (5) Page, N.P. Chronic Toxicity and Carcinogenicity Guidelines. 
Journal of Environmental Pathology and Toxicology. 11:161-182 (1977).
    (6) Page, N.P. Eds. Kraybill and Mehlman. Concepts of a Bioassay 
Program in Environmental Carcinogenesis. Vol.3. Advances in Modern 
Toxicology (Hemisphere, Washington, DC., 1977) pp. 87-171.
    (7) Sontag, J.M. et al. Guidelines for Carcinogen Bioassay in Small 
Rodents. NCI-CS-TR-1 United States Cancer Institute, Division of Cancer 
Control and Prevention, Carcinogenesis Bioassay Program (Bethesda, MD).

[62 FR 43824, Aug. 15, 1997, as amended at 64 FR 35078, June 30, 1999]



Sec. 799.9510  TSCA bacterial reverse mutation test.

    (a) Scope. This section is intended to meet the testing requirements 
under section 4 of TSCA.
    (1) The bacterial reverse mutation test uses amino-acid requiring 
strains of Salmonella typhimurium and Escherichia coli to detect point 
mutations, which involve substitution, addition or deletion of one or a 
few DNA base pairs. The principle of this bacterial reverse mutation 
test is that it detects mutations which revert mutations present in the 
test strains and restore the functional capability of the bacteria to 
synthesize an essential amino acid. The revertant bacteria are detected 
by their ability to grow in the absence of the amino acid required by 
the parent test strain.
    (2) Point mutations are the cause of many human genetic diseases and 
there is substantial evidence that point mutations in oncogenes and 
tumor suppressor genes of somatic cells are involved in tumor formation 
in humans and experimental animals. The bacterial reverse mutation test 
is rapid, inexpensive and relatively easy to perform. Many of the test 
strains have several features that make them more sensitive for the 
detection of mutations, including responsive DNA sequences at the 
reversion sites, increased cell permeability to large molecules and 
elimination of DNA repair systems or enhancement of error-prone DNA 
repair processes. The specificity of the test strains can provide some 
useful information on the types of mutations that are induced by 
genotoxic agents. A very large data base of results for a wide variety 
of structures is available for bacterial reverse mutation tests and 
well-established methodologies have been developed for testing chemicals 
with different physico-chemical properties, including volatile 
compounds.
    (b) Source. The source material used in developing this TSCA test 
guideline are the OECD replacement guidelines for 471 and 472 (February 
1997). This source is available at the address in paragraph (g) of this 
section.
    (c) Definitions. The following definitions apply to this section:
    A reverse mutation test in either Salmonella typhimurium or 
Escherichia coli detects mutation in an amino-acid requiring strain 
(histidine or tryptophan, respectively) to produce a strain independent 
of an outside supply of amino-acid.
    Base pair substitution mutagens are agents that cause a base change 
in

[[Page 306]]

DNA. In a reversion test this change may occur at the site of the 
original mutation, or at a second site in the bacterial genome.
    Frameshift mutagens are agents that cause the addition or deletion 
of one or more base pairs in the DNA, thus changing the reading frame in 
the RNA
    (d) Initial considerations. (1) The bacterial reverse mutation test 
utilizes prokaryotic cells, which differ from mammalian cells in such 
factors as uptake, metabolism, chromosome structure and DNA repair 
processes. Tests conducted in vitro generally require the use of an 
exogenous source of metabolic activation. In vitro metabolic activation 
systems cannot mimic entirely the mammalian in vivo conditions. The test 
therefore does not provide direct information on the mutagenic and 
carcinogenic potency of a substance in mammals.
    (2) The bacterial reverse mutation test is commonly employed as an 
initial screen for genotoxic activity and, in particular, for point 
mutation-inducing activity. An extensive data base has demonstrated that 
many chemicals that are positive in this test also exhibit mutagenic 
activity in other tests. There are examples of mutagenic agents which 
are not detected by this test; reasons for these shortcomings can be 
ascribed to the specific nature of the endpoint detected, differences in 
metabolic activation, or differences in bioavailability. On the other 
hand, factors which enhance the sensitivity of the bacterial reverse 
mutation test can lead to an overestimation of mutagenic activity.
    (3) The bacterial reverse mutation test may not be appropriate for 
the evaluation of certain classes of chemicals, for example highly 
bactericidal compounds (e.g. certain antibiotics) and those which are 
thought (or known) to interfere specifically with the mammalian cell 
replication system (e.g. some topoisomerase inhibitors and some 
nucleoside analogues). In such cases, mammalian mutation tests may be 
more appropriate.
    (4) Although many compounds that are positive in this test are 
mammalian carcinogens, the correlation is not absolute. It is dependent 
on chemical class and there are carcinogens that are not detected by 
this test because they act through other, non-genotoxic mechanisms or 
mechanisms absent in bacterial cells.
    (e) Test method--(1) Principle. (i) Suspensions of bacterial cells 
are exposed to the test substance in the presence and in the absence of 
an exogenous metabolic activation system. In the plate incorporation 
method, these suspensions are mixed with an overlay agar and plated 
immediately onto minimal medium. In the preincubation method, the 
treatment mixture is incubated and then mixed with an overlay agar 
before plating onto minimal medium. For both techniques, after 2 or 3 
days of incubation, revertant colonies are counted and compared to the 
number of spontaneous revertant colonies on solvent control plates.
    (ii) Several procedures for performing the bacterial reverse 
mutation test have been described. Among those commonly used are the 
plate incorporation method, the preincubation method, the fluctuation 
method, and the suspension method. Suggestions for modifications for the 
testing of gases or vapors are described in the reference in paragraph 
(g)(12) of this section.
    (iii) The procedures described in this section pertain primarily to 
the plate incorporation and preincubation methods. Either of them is 
acceptable for conducting experiments both with and without metabolic 
activation. Some compounds may be detected more efficiently using the 
preincubation method. These compounds belong to chemical classes that 
include short chain aliphatic nitrosamines, divalent metals, aldehydes, 
azo-dyes and diazo compounds, pyrollizidine alkaloids, allyl compounds 
and nitro compounds. It is also recognized that certain classes of 
mutagens are not always detected using standard procedures such as the 
plate incorporation method or preincubation method. These should be 
regarded as ``special cases'' and it is strongly recommended that 
alternative procedures should be used for their detection. The following 
``special cases'' could be identified (together with examples of 
procedures that could be used for their detection): azo-dyes and diazo 
compounds (alterative procedures

[[Page 307]]

are described in the references in paragraphs (g)(3), (g)(5), (g)(6), 
and (g)(13) of this section), gases and volatile chemicals (alterative 
procedures are described in the references in paragraphs (g)(12), 
(g)(14), (g)(15), and (g)(16) of this section), and glycosides 
(alterative procedures are described in the references in paragraphs 
(g)(17) and (g)(18) of this section). A deviation from the standard 
procedure needs to be scientifically justified.
    (2) Description--(i) Preparations--(A) Bacteria. (1) Fresh cultures 
of bacteria should be grown up to the late exponential or early 
stationary phase of growth (approximately 109 cells per ml). 
Cultures in late stationary phase should not be used. The cultures used 
in the experiment shall contain a high titre of viable bacteria. The 
titre may be demonstrated either from historical control data on growth 
curves, or in each assay through the determination of viable cell 
numbers by a plating experiment.
    (2) The culture temperature shall be 37  deg.C.
    (3) At least five strains of bacteria should be used. These should 
include four strains of S. typhimurium (TA1535; TA1537 or TA97a or TA97; 
TA98; and TA100) that have been shown to be reliable and reproducibly 
responsive between laboratories. These four S. typhimurium strains have 
GC base pairs at the primary reversion site and it is known that they 
may not detect certain oxidizing mutagens, cross-linking agents, and 
hydrazines. Such substances may be detected by E. coli WP2 strains or S. 
typhimurium TA102 (see reference in paragraph (g)(19) of this section) 
which have an AT base pair at the primary reversion site. Therefore the 
recommended combination of strains is:
    (i) S. typhimurium TA1535.
    (ii) S. typhimurium TA1537 or TA97 or TA97a.
    (iii) S. typhimurium TA98.
    (iv) S. typhimurium TA100.
    (v) E. coli WP2 uvrA, or E. coli WP2 uvrA (pKM101), or S. 
typhimurium TA102. In order to detect cross-linking mutagens it may be 
preferable to include TA102 or to add a DNA repair-proficient strain of 
E.coli [e.g. E.coli WP2 or E.coli WP2 (pKM101).]
    (4) Established procedures for stock culture preparation, marker 
verification and storage should be used. The amino-acid requirement for 
growth should be demonstrated for each frozen stock culture preparation 
(histidine for S. typhimurium strains, and tryptophan for E. coli 
strains). Other phenotypic characteristics should be similarly checked, 
namely: the presence or absence of R-factor plasmids where appropriate 
[i.e. ampicillin resistance in strains TA98, TA100 and TA97a or TA97, 
WP2 uvrA and WP2 uvrA (pKM101), and ampicillin = tetracycline resistance 
in strain TA102]; the presence of characteristic mutations (i.e. rfa 
mutation in S. typhimurium through sensitivity to crystal violet, and 
uvrA mutation in E. coli or uvrB mutation in S. typhimurium, through 
sensitivity to ultra-violet light). The strains should also yield 
spontaneous revertant colony plate counts within the frequency ranges 
expected from the laboratory's historical control data and preferably 
within the range reported in the literature.
    (B) Medium. An appropriate minimal agar (e.g. containing Vogel-
Bonner minimal medium E and glucose) and an overlay agar containing 
histidine and biotin or tryptophan, to allow for a few cell divisions, 
shall be used. The procedures described in the references under 
paragraphs (g)(1), (g)(2), and (g)(9) of this section may be used for 
this analysis.
    (C) Metabolic activation. Bacteria shall be exposed to the test 
substance both in the presence and absence of an appropriate metabolic 
activation system. The most commonly used system is a cofactor-
supplemented post-mitochondrial fraction (S9) prepared from the livers 
of rodents treated with enzyme-inducing agents such as Aroclor 1254 (the 
system described in the references under paragraphs (g)(1) and (g)(2) of 
this section may be used) or a combination of phenobarbitone and 
-naphthoflavone (the system described in the references under 
paragraphs (g)(18), (g)(20), and (g)(21) of this section may be used). 
The post-mitochondrial fraction is usually used at concentrations in the 
range from 5 to 30% v/v in the S9-mix. The choice and condition of a 
metabolic activation

[[Page 308]]

system may depend upon the class of chemical being tested. In some cases 
it may be appropriate to utilize more than one concentration of post-
mitochondrial fraction. For azo-dyes and diazo-compounds, using a 
reductive metabolic activation system may be more appropriate (the 
system described in the references under paragraphs (g)(6) and (g)(13) 
of this section may be used).
    (D) Test substance/preparation. Solid test substances should be 
dissolved or suspended in appropriate solvents or vehicles and diluted 
if appropriate prior to treatment of the bacteria. Liquid test 
substances may be added directly to the test systems and/or diluted 
prior to treatment. Fresh preparations should be employed unless 
stability data demonstrate the acceptability of storage.
    (ii) Test conditions--(A) Solvent/vehicle. The solvent/vehicle 
should not be suspected of chemical reaction with the test substance and 
shall be compatible with the survival of the bacteria and the S9 
activity (for further information see the reference in paragraph (g)(22) 
of this section). If other than well-known solvent/vehicles are used, 
their inclusion should be supported by data indicating their 
compatibility. It is recommended that wherever possible, the use of an 
aqueous solvent/vehicle be considered first. When testing water-unstable 
substances, the organic solvents used be free of water.
    (B) Exposure concentrations. (1) Amongst the criteria to be taken 
into consideration when determining the highest amount of test substance 
to be used are cytotoxicity and solubility in the final treatment 
mixture. It may be useful to determine toxicity and insolubility in a 
preliminary experiment. Cytotoxicity may be detected by a reduction in 
the number of revertant colonies, a clearing or diminution of the 
background lawn, or the degree of survival of treated cultures. The 
cytotoxicity of a substance may be altered in the presence of metabolic 
activation systems. Insolubility should be assessed as precipitation in 
the final mixture under the actual test conditions and evident to the 
unaided eye. The recommended maximum test concentration for soluble non-
cytotoxic substances is 5 mg/plate or 5 l/plate. For non-
cytotoxic substances that are not soluble at 5mg/plate or 5l/
plate, one or more concentrations tested should be insoluble in the 
final treatment mixture. Test substances that are cytotoxic already 
below 5mg/plate or 5l/plate should be tested up to a cytotoxic 
concentration. The precipitate should not interfere with the scoring.
    (2) At least five different analyzable concentrations of the test 
substance shall be used with approximately half log (i.e. 10) 
intervals between test points for an initial experiment. Smaller 
intervals may be appropriate when a concentration-response is being 
investigated.
    (3) Testing above the concentration of 5 mg/plate or 5l/
plate may be considered when evaluating substances containing 
substantial amounts of potentially mutagenic impurities.
    (C) Controls. (1) Concurrent strain-specific positive and negative 
(solvent or vehicle) controls, both with and without metabolic 
activation, shall be included in each assay. Positive control 
concentrations that demonstrate the effective performance of each assay 
should be selected.
    (2)(i) For assays employing a metabolic activation system, the 
positive control reference substance(s) should be selected on the basis 
of the type of bacteria strains used. The following chemicals are 
examples of suitable positive controls for assays with metabolic 
activation:

------------------------------------------------------------------------
                 Chemical                              CAS No.
------------------------------------------------------------------------
9,10-Dimethylanthracene...................  [CAS no. 781-43-1]
7,12-Dimethylbenzanthracene...............  [CAS no. 57-97-6]
Congo Red (for the reductive metabolic      [CAS no. 573-58-0]
 activation method).
Benzo(a)pyrene............................  [CAS no. 50-32-8]
Cyclophosphamide (monohydrate)............  [CAS no. 50-18-0]
                                            [CAS no. 6055-19-2]
2-Aminoanthracene.........................  [CAS no. 613-13-8]
------------------------------------------------------------------------

    (ii) 2-Aminoanthracene should not be used as the sole indicator of 
the efficacy of the S9-mix. If 2-aminoanthracene is used, each batch of 
S9 should also be characterized with a mutagen that requires metabolic 
activation by microsomal enzymes, e.g., benzo(a)pyrene, 
dimethylbenzanthracene.

[[Page 309]]

    (3) For assays performed without metabolic activation system, 
examples of strain-specific positive controls are:

------------------------------------------------------------------------
            Chemical                    CAS No.             Strain
------------------------------------------------------------------------
(a) Sodium azide................  [CAS no. 26628-22-  TA1535 and TA100
                                   8].
(b) 2-Nitrofluorene.............  [CAS no. 607-57-8]  TA 98
(c) 9-Aminoacridine or ICR 191..  [CAS no. 90-45-9]   TA1537, TA97 and
                                   or.                 TA97a
                                  [CAS no. 17070-45-
                                   0].
(d) Cumene hydroperoxide........  [CAS no. 80-15-9].  TA102
(e) Mitomycin C.................  [CAS no. 50-07-7].  WP2 uvrA and TA102
(f) N-Ethyl-N-nitro-N-            [CAS no. 70-25-7]   WP2, WP2 uvrA and
 nitrosoguanidine or               or.                 WP2 uvrA (pKM101)
4-nitroquinoline 1-oxide........  [CAS no. 56-57-5].
(g) Furylfuramide (AF-2)........  [CAS no. 3688-53-   Plasmid-containing
                                   7].                 strains
------------------------------------------------------------------------

    (4) Other appropriate positive control reference substances may be 
used. The use of chemical class-related positive control chemicals may 
be considered, when available.
    (5) Negative controls, consisting of solvent or vehicle alone, 
without test substance, and otherwise treated in the same way as the 
treatment groups, shall be included. In addition, untreated controls 
should also be used unless there are historical control data 
demonstrating that no deleterious or mutagenic effects are induced by 
the chosen solvent.
    (3) Procedure--(i) Treatment with test substance. (A) For the plate 
incorporation method, without metabolic activation, usually 0.05 ml or 
0.1 ml of the test solutions, 0.1 ml of fresh bacterial culture 
(containing approximately 108 viable cells) and 0.5 ml of 
sterile buffer are mixed with 2.0 ml of overlay agar. For the assay with 
metabolic activation, usually 0.5 ml of metabolic activation mixture 
containing an adequate amount of post-mitochondrial fraction (in the 
range from 5 to 30% v/v in the metabolic activation mixture) are mixed 
with the overlay agar (2.0 ml), together with the bacteria and test 
substance/test solution. The contents of each tube are mixed and poured 
over the surface of a minimal agar plate. The overlay agar is allowed to 
solidify before incubation.
    (B) For the preincubation method the test substance/test solution is 
preincubated with the test strain (containing approximately 
108 viable cells) and sterile buffer or the metabolic 
activation system (0.5 ml) usually for 20 min. or more at 30-37  deg.C 
prior to mixing with the overlay agar and pouring onto the surface of a 
minimal agar plate. Usually, 0.05 or 0.1 ml of test substance/test 
solution, 0.1 ml of bacteria, and 0.5 ml of S9-mix or sterile buffer, 
are mixed with 2.0 ml of overlay agar. Tubes should be aerated during 
pre-incubation by using a shaker.
    (C) For an adequate estimate of variation, triplicate plating should 
be used at each dose level. The use of duplicate plating is acceptable 
when scientifically justified. The occasional loss of a plate does not 
necessarily invalidate the assay.
    (D) Gaseous or volatile substances should be tested by appropriate 
methods, such as in sealed vessels (methods described in the references 
under paragraphs (g)(12), (g)(14), (g)(15), and (g)(16) of this section 
may be used).
    (ii) Incubation. All plates in a given assay shall be incubated at 
37  deg.C for 48-72 hrs. After the incubation period, the number of 
revertant colonies per plate is counted.
    (f) Data and reporting--(1) Treatment of results. (i) Data shall be 
presented as the number of revertant colonies per plate. The number of 
revertant colonies on both negative (solvent control, and untreated 
control if used) and positive control plates shall also be given.
    (ii) Individual plate counts, the mean number of revertant colonies 
per plate and the standard deviation shall be presented for the test 
substance and positive and negative (untreated and/or solvent) controls.
    (iii) There is no requirement for verification of a clear positive 
response. Equivocal results shall be clarified by further testing 
preferably using

[[Page 310]]

a modification of experimental conditions. Negative results need to be 
confirmed on a case-by-case basis. In those cases where confirmation of 
negative results is not considered necessary, justification should be 
provided. Modification of study parameters to extend the range of 
conditions assessed should be considered in follow-up experiments. Study 
parameters that might be modified include the concentration spacing, the 
method of treatment (plate incorporation or liquid preincubation), and 
metabolic activation conditions.
    (2) Evaluation and interpretation of results. (i) There are several 
criteria for determining a positive result, such as a concentration-
related increase over the range tested and/or a reproducible increase at 
one or more concentrations in the number of revertant colonies per plate 
in at least one strain with or without metabolic activation system. 
Biological relevance of the results should be considered first. 
Statistical methods may be used as an aid in evaluating the test 
results. However, statistical significance should not be the only 
determining factor for a positive response.
    (ii) A test substance for which the results do not meet the criteria 
described under paragraph (f)(2)(i) of this section is considered non-
mutagenic in this test
    (iii) Although most experiments will give clearly positive or 
negative results, in rare cases the data set will preclude making a 
definite judgement about the activity of the test substance. Results may 
remain equivocal or questionable regardless of the number of times the 
experiment is repeated.
    (iv) Positive results from the bacterial reverse mutation test 
indicate that a substance induces point mutations by base substitutions 
or frameshifts in the genome of either Salmonella typhimurium and/or 
Escherichia coli. Negative results indicate that under the test 
conditions, the test substance is not mutagenic in the tested species.
    (3) Test report. The test report shall include the following 
information:
    (i) Test substance:
    (A) Identification data and CAS no., if known.
    (B) Physical nature and purity.
    (C) Physicochemical properties relevant to the conduct of the study.
    (D) Stability of the test substance, if known.
    (ii) Solvent/vehicle:
    (A) Justification for choice of solvent/vehicle.
    (B) Solubility and stability of the test substance in solvent/
vehicle, if known.
    (iii) Strains:
    (A) Strains used.
    (B) Number of cells per culture.
    (C) Strain characteristics.
    (iv) Test conditions:
    (A) Amount of test substance per plate (mg/plate or ml/plate) with 
rationale for selection of dose and number of plates per concentration.
    (B) Media used.
    (C) Type and composition of metabolic activation system, including 
acceptability criteria.
    (D) Treatment procedures.
    (v) Results:
    (A) Signs of toxicity.
    (B) Signs of precipitation.
    (C) Individual plate counts.
    (D) The mean number of revertant colonies per plate and standard 
deviation.
    (E) Dose-response relationship, where possible.
    (F) Statistical analyses, if any.
    (G) Concurrent negative (solvent/vehicle) and positive control data, 
with ranges, means and standard deviations.
    (H) Historical negative (solvent/vehicle) and positive control data, 
with e.g. ranges, means and standard deviations.
    (vi) Discussion of the results.
    (vii) Conclusion.
    (g) References. For additional background information on this test 
guideline, the following references should be consulted. These 
references are available for inspection at the TSCA Nonconfidential 
Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 
St., SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 
except legal holidays.
    (1) Ames, B.N., McCann, J., and Yamasaki, E. Methods for Detecting 
Carcinogens and Mutagens With the Salmonella/Mammalian-Microsome 
Mutagenicity Test. Mutation Research. 31, 347-364 (1975).

[[Page 311]]

    (2) Maron, D.M. and Ames, B.N. Revised Methods for the Salmonella 
Mutagenicity Test. Mutation Research. 113, 173-215 (1983).
    (3) Gatehouse, D., Haworth, S., Cebula, T., Gocke, E., Kier, L., 
Matsushima, T., Melcion, C., Nohmi, T., Venitt, S., and Zeiger, E. 
Recommendations for the Performance of Bacterial Mutation Assays. 
Mutation Research. 312, 217-233 (1994).
    (4) Kier, L.D., Brusick, D.J., Auletta, A.E., Von Halle, E.S., 
Brown, M.M., Simmon, V.F., Dunkel, V., McCann, J., Mortelmans, K., 
Prival, M., Rao, T.K., and Ray V. The Salmonella Typhimurium/Mammalian 
Microsomal Assay: A Report of the U.S. Environmental Protection Agency 
Gene-Tox Program. Mutation Research. 168, 69-240 (1986).
    (5) Yahagi, T., Degawa, M., Seino, Y.Y., Matsushima, T., Nagao, M., 
Sugimura, T., and Hashimoto, Y. Mutagenicity of Carcinogen Azo Dyes and 
Their Derivatives. Cancer Letters, 1. 91-96 (1975).
    (6) Matsushima, M., Sugimura, T., Nagao, M., Yahagi, T., Shirai, A., 
and Sawamura, M. Factors Modulating Mutagenicity Microbial Tests. Eds. 
Norpoth, K.H. and Garner, R.C. Short-Term Test Systems for Detecting 
Carcinogens (Springer, Berlin-Heidelberg-New York, 1980) pp. 273-285.
    (7) Gatehouse, D.G., Rowland, I.R., Wilcox, P., Callender, R.D., and 
Foster, R. Bacterial Mutation Assays. Ed. Kirkland, D.J. Basic 
Mutagenicity Tests. UKEMS Part 1 Revised (Cambridge University Press, 
1990) pp. 13-61.
    (8) Aeschbacher, H.U., Wolleb, U., and Porchet, L.J. Liquid 
Preincubation Mutagenicity Test for Foods. Food Safety. 8, 167-177 
(1987).
    (9) Green, M.H.L., Muriel, W.J., and Bridges, B.A. Use of a 
Simplified Fluctuation Test to Detect Low Levels of Mutagens. Mutation 
Research. 38, 33-42 (1976).
    (10) Hubbard, S.A., Green, M.H.L., Gatehouse, D., and J.W. Bridges. 
The Fluctuation Test in Bacteria. 2nd Edition. Ed. Kilbey, B.J., 
Legator, M., Nichols, W., and Ramel C. Handbook of Mutagenicity Test 
Procedures (Elsevier, Amsterdam-New York-Oxford, 1984) pp. 141-161.
    (11) Thompson, E.D. and Melampy, P.J. An Examination of the 
Quantitative Suspension Assay for Mutagenesis With Strains of Salmonella 
Typhimurium. Environmental Mutagenesis. 3, 453-465 (1981).
    (12) Araki, A., Noguchi, T., Kato, F., and T. Matsushima. Improved 
Method for Mutagenicity Testing of Gaseous Compounds by Using a Gas 
Sampling Bag. Mutation Research. 307, 335-344 (1994).
    (13) Prival, M.J., Bell, S.J., Mitchell, V.D., Reipert, M.D., and 
Vaughn, V.L. Mutagenicity of Benzidine and Benzidine-Congener Dyes and 
Selected Monoazo Dyes in a Modified Salmonella Assay. Mutation Research. 
136, 33-47 (1984).
    (14) Zeiger, E., Anderson, B. E., Haworth, S, Lawlor, T., and 
Mortelmans, K. Salmonella Mutagenicity Tests. V. Results from the 
Testing of 311 Chemicals. Environ. Mol. Mutagen. 19, 2-141 (1992).
    (15) Simmon, V., Kauhanen, K., and Tardiff, R.G. Mutagenic Activity 
of Chemicals Identified in Drinking Water. Ed. Scott, D., Bridges, B., 
and Sobels, F. Progress in Genetic Toxicology (Elsevier, Amsterdam, 
1977) pp. 249-258.
    (16) Hughes, T.J., Simmons, D.M., Monteith, I.G., and Claxton, L.D. 
Vaporization Technique to Measure Mutagenic Activity of Volatile Organic 
Chemicals in the Ames/Salmonella Assay. Environmental Mutagenesis. 9, 
421-441 (1987).
    (17) Matsushima, T., Matsumoto, A., Shirai, M., Sawamura, M., and 
Sugimura, T. Mutagenicity of the Naturally Occurring Carcinogen Cycasin 
and Synthetic Methylazoxy Methane Conjugates in Salmonella Typhimurium. 
Cancer Research. 39, 3780-3782 (1979).
    (18) Tamura, G., Gold, C., Ferro-Luzzi, A., and Ames. B.N. Fecalase: 
A Model for Activation of Dietary Glycosides to Mutagens by Intestinal 
Flora. Proc. National Academy of Science. (USA, 1980) 77, 4961-4965.
    (19) Wilcox, P., Naidoo, A., Wedd, D. J., and Gatehouse, D. G. 
Comparison of Salmonella Typhimurium TA 102 With Escherichia Coli WP2 
Tester Strains. Mutagenesis. 5, 285-291 (1990).

[[Page 312]]

    (20) Matsushima, T., Sawamura, M., Hara, K., and Sugimura, T. A Safe 
Substitute for Polychlorinated Biphenyls as an Inducer of Metabolic 
Activation Systems. Ed. F.J. de Serres et al. In Vitro Metabolic 
Activation in Mutagenesis Testing. (Elsevier, North Holland, 1976) pp. 
85-88.
    (21) Elliott, B.M., Combes, R.D., Elcombe, C.R., Gatehouse, D.G., 
Gibson, G.G., Mackay, J.M., and Wolf, R.C. Alternatives to Aroclor 1254-
Induced S9 in In Vitro Genotoxicity Assays. Mutagenesis. 7, 175-177 
(1992).
    (22) Maron, D., Katzenellenbogen, J., and Ames, B.N. Compatibility 
of Organic Solvents With the Salmonella/Microsome Test. Mutation 
Research. 88, 343-350 (1981).
    (23) Claxton, L.D., Allen, J., Auletta, A., Mortelmans, K., 
Nestmann, E., and Zeiger, E. Guide for the Salmonella Typhimurium/
Mammalian Microsome Tests for Bacterial Mutagenicity. Mutation Research. 
189, 83-91 (1987).
    (24) Mahon, G.A.T., Green, M.H.L., Middleton, B., Mitchell, I., 
Robinson, W.D., and Tweats, D.J. Analysis of Data from Microbial Colony 
Assays. UKEMS Sub-Committee on Guidelines for Mutagenicity Testing Part 
II. Ed. Kirkland, D.J. Statistical Evaluation of Mutagenicity Test Data 
(Cambridge University Press, 1989) pp. 28-65.

[62 FR 43824, Aug. 15, 1997, as amended at 64 FR 35079, June 30, 1999]



Sec. 799.9530  TSCA in vitro mammalian cell gene mutation test.

    (a) Scope. This section is intended to meet the testing requirements 
under section 4 of TSCA. The in vitro mammalian cell gene mutation test 
can be used to detect gene mutations induced by chemical substances. 
Suitable cell lines include L5178Y mouse lymphoma cells, the CHO, AS52 
and V79 lines of Chinese hamster cells, and TK6 human lymphoblastoid 
cells under paragraph (g)(1) of this section. In these cell lines the 
most commonly-used genetic endpoints measure mutation at thymidine 
kinase (TK) and hypoxanthine-guanine phosphoribosyl transferase (HPRT), 
and a transgene of xanthine-guanine phosphoribosyl transferase (XPRT). 
The TK, HPRT and XPRT mutation tests detect different spectra of genetic 
events. The autosomal location of TK and XPRT may allow the detection of 
genetic events (e.g. large deletions) not detected at the HPRT locus on 
X-chromosomes (For a discussion see the references in paragraphs (g)(2), 
(g)(3), (g)(4),(g)(5), and (g)(6) of this section).
    (b) Source. The source material used in developing this TSCA test 
guideline is the OECD guideline 476 (February 1997). This source is 
available at the address in paragraph (g) of this section.
    (c) Definitions. The following definitions apply to this section:
    Base pair substitution mutagens are substances which cause 
substitution of one or several base pairs in the DNA.
    Forward mutation is a gene mutation from the parental type to the 
mutant form which gives rise to an alteration or a loss of the enzymatic 
activity or the function of the encoded protein.
    Frameshift mutagens are substances which cause the addition or 
deletion of single or multiple base pairs in the DNA molecule.
    Mutant frequency is the number of mutant cells observed divided by 
the number of viable cells.
    Phenotypic expression time is a period during which unaltered gene 
products are depleted from newly mutated cells.
    Relative suspension growth is an increase in cell number over the 
expression period relative to the negative control.
    Relative total growth is an increase in cell number over time 
compared to a control population of cells; calculated as the product of 
suspension growth relative to the negative control times cloning 
efficiency relative to negative control.
    Survival is the cloning efficiency of the treated cells when plated 
at the end of the treatment period; survival is usually expressed in 
relation to the survival of the control cell population.
    Viability is the cloning efficiency of the treated cells at the time 
of plating in selective conditions after the expression period.
    (d) Initial considerations. (1) In the in vitro mammalian cell gene 
mutation test, cultures of established cell lines or cell strains can be 
used. The cells used are selected on the basis of growth ability in 
culture and stability of the spontaneous mutation frequency. Tests

[[Page 313]]

conducted in vitro generally require the use of an exogenous source of 
metabolic activation. This metabolic activation system cannot mimic 
entirely the mammalian in vivo conditions. Care should be taken to avoid 
conditions which would lead to results not reflecting intrinsic 
mutagenicity. Positive results which do not reflect intrinsic 
mutagenicity may arise from changes in pH, osmolality or high levels of 
cytotoxicity.
    (2) This test is used to screen for possible mammalian mutagens and 
carcinogens. Many compounds that are positive in this test are mammalian 
carcinogens; however, there is not a perfect correlation between this 
test and carcinogenicity. Correlation is dependent on chemical class and 
there is increasing evidence that there are carcinogens that are not 
detected by this test because they appear to act through other, non-
genotoxic mechanisms or mechanisms absent in bacterial cells.
    (e)  Test method--(1) Principle. (i) Cells deficient in thymidine 
kinase (TK) due to the mutation TK=/- - 
TK-/- are resistant to the cytotoxic effects of 
the pyrimidine analogue trifluorothymidine (TFT). Thymidine kinase 
proficient cells are sensitive to TFT, which causes the inhibition of 
cellular metabolism and halts further cell division. Thus mutant cells 
are able to proliferate in the presence of TFT, whereas normal cells, 
which contain thymidine kinase, are not. Similarly, cells deficient in 
HPRT or XPRT are selected by resistance to 6-thioguanine (TG) or 8-
azaguanine (AG). The properties of the test substance should be 
considered carefully if a base analogue or a compound related to the 
selective agent is tested in any of the mammalian cell gene mutation 
tests. For example, any suspected selective toxicity by the test 
substance for mutant and non-mutant cells should be investigated. Thus, 
performance of the selection system/agent shall be confirmed when 
testing chemicals structurally related to the selective agent.
    (ii) Cells in suspension or monolayer culture shall be exposed to 
the test substance, both with and without metabolic activation, for a 
suitable period of time and subcultured to determine cytotoxicity and to 
allow phenotypic expression prior to mutant selection. Cytotoxicity is 
usually determined by measuring the relative cloning efficiency 
(survival) or relative total growth of the cultures after the treatment 
period. The treated cultures shall be maintained in growth medium for a 
sufficient period of time, characteristic of each selected locus and 
cell type, to allow near-optimal phenotypic expression of induced 
mutations. Mutant frequency is determined by seeding known numbers of 
cells in medium containing the selective agent to detect mutant cells, 
and in medium without selective agent to determine the cloning 
efficiency (viability). After a suitable incubation time, colonies shall 
be counted. The mutant frequency is derived from the number of mutant 
colonies in selective medium and the number of colonies in non-selective 
medium.
    (2) Description--(i) Preparations--(A) Cells. (1) A variety of cell 
types are available for use in this test including subclones of L5178Y, 
CHO, CHO-AS52, V79, or TK6 cells. Cell types used in this test should 
have a demonstrated sensitivity to chemical mutagens, a high cloning 
efficiency and a stable spontaneous mutant frequency. Cells should be 
checked for mycoplasma contamination and should not be used if 
contaminated.
    (2) The test should be designed to have a predetermined sensitivity 
and power. The number of cells, cultures, and concentrations of test 
substance used should reflect these defined parameters. The parameters 
discussed in the reference under paragraph (g)(13) of this section may 
be used. The minimal number of viable cells surviving treatment and used 
at each stage in the test should be based on the spontaneous mutation 
frequency. A general guide is to use a cell number which is at least ten 
times the inverse of the spontaneous mutation frequency. However, it is 
recommended to utilize at least 106 cells. Adequate 
historical data on the cell system used should be available to indicate 
consistent performance of the test.
    (B) Media and culture conditions. Appropriate culture media and 
incubation conditions (culture vessels, temperature, CO2 
concentration and humidity)

[[Page 314]]

shall be used. Media should be chosen according to the selective systems 
and cell type used in the test. It is particularly important that 
culture conditions should be chosen that ensure optimal growth of cells 
during the expression period and colony forming ability of both mutant 
and non-mutant cells.
    (C) Preparation of cultures. Cells are propagated from stock 
cultures, seeded in culture medium and incubated at 37  deg.C. Prior to 
use in this test, cultures may need to be cleansed of pre-existing 
mutant cells.
    (D) Metabolic activation. Cells shall be exposed to the test 
substance both in the presence and absence of an appropriate metabolic 
activation system. The most commonly used system is a co-factor-
supplemented post-mitochondrial fraction (S9) prepared from the livers 
of rodents treated with enzyme-inducing agents such as Aroclor 1254 or a 
combination of phenobarbitone and -naphthoflavone. The post-
mitochondrial fraction is usually used at concentrations in the range 
from 1-10% v/v in the final test medium. The choice and condition of a 
metabolic activation system may depend upon the class of chemical being 
tested. In some cases it may be appropriate to utilize more than one 
concentration of post-mitochondrial fraction. A number of developments, 
including the construction of genetically engineered cell lines 
expressing specific activating enzymes, may provide the potential for 
endogenous activation. The choice of the cell lines used should be 
scientifically justified (e.g. by the relevance of the cytochrome P450 
isoenzyme to the metabolism of the test substance).
    (E) Test substance/preparations. Solid test substances should be 
dissolved or suspended in appropriate solvents or vehicles and diluted 
if appropriate prior to treatment of the cells. Liquid test substances 
may be added directly to the test systems and/or diluted prior to 
treatment. Fresh preparations should be employed unless stability data 
demonstrate the acceptability of storage.
    (ii) Test conditions--(A) Solvent/vehicle. The solvent/vehicle shall 
not be suspected of chemical reaction with the test substance and shall 
be compatible with the survival of the cells and the S9 activity. If 
other than well-known solvent/vehicles are used, their inclusion should 
be supported by data indicating their compatibility. It is recommended 
that wherever possible, the use of an aqueous solvent/vehicle be 
considered first. When testing water-unstable substances, the organic 
solvents used should be free of water. Water can be removed by adding a 
molecular sieve.
    (B) Exposure concentrations. (1) Among the criteria to be considered 
when determining the highest concentration are cytotoxicity and 
solubility in the test system and changes in pH or osmolality.
    (2) Cytotoxicity should be determined with and without metabolic 
activation in the main experiment using an appropriate indicator of cell 
integrity and growth, such as relative cloning efficiency (survival) or 
relative total growth. It may be useful to determine cytotoxicity and 
solubility in a preliminary experiment.
    (3) At least four analyzable concentrations shall be used. Where 
there is cytotoxicity, these concentrations shall cover a range from the 
maximum to little or no toxicity; this will usually mean that the 
concentration levels should be separated by no more than a factor 
between 2 and 10. If the maximum concentration is based on 
cytotoxicity then it shall result in approximately 10-20% but not less 
than 10% relative survival (relative cloning efficiency) or relative 
total growth. For relatively non-cytotoxic compounds the maximum 
concentration should be 5 mg/ml, 5 l/ml, or 0.01 M, whichever 
is the lowest.
    (4) Relatively insoluble substances should be tested up to or beyond 
their limit of solubility under culture conditions. Evidence of 
insolubility should be determined in the final treatment medium to which 
cells are exposed. It may be useful to assess solubility at the 
beginning and end of the treatment, as solubility can change during the 
course of exposure in the test system due to presence of cells, S9, 
serum etc. Insolubility can be detected by using the unaided eye. The 
precipitate should not interfere with the scoring.

[[Page 315]]

    (C) Controls. (1) Concurrent positive and negative (solvent or 
vehicle) controls both with and without metabolic activation shall be 
included in each experiment. When metabolic activation is used the 
positive control chemical shall be one that requires activation to give 
a mutagenic response.
    (2) Examples of positive control substances include:


----------------------------------------------------------------------------------------------------------------
    Metabolic Activation condition              Locus                   Chemical                 CAS No.
----------------------------------------------------------------------------------------------------------------
Absence of exogenous metabolic         HPRT...................  Ethylmethanesulfonate..  [CAS no. 62-50-0]
 activation
                                         .....................  Ethylnitrosourea.......  [CAS no. 759-73-9]
                                       TK (small and large      Methylmethanesulfonate.  [CAS no. 66-27-3]
                                        colonies).
                                       XPRT...................  Ethylmethanesulfonate..  [CAS no. 62-50-0]
                                                                Ethylnitrosourea.......  [CAS no. 759-73-9]
Presence of exogenous metabolic        HPRT...................  3-Methylcholanthrene...  [CAS no. 56-49-5]
 activation.
                                                                N-Nitrosodimethylamine.  [CAS no. 62-75-9]
                                                                7,12-                    [CAS no. 57-97-6]
                                                                 Dimethylbenzanthracene.
                                       TK (small and large      Cyclophosphamide         [CAS no. 50-18-0]
                                        colonies).               (monohydrate).          [CAS no. 6055-19-2]
                                                                Benzo(a)pyrene.........  [CAS no. 50-32-8]
                                                                3-Methylcholanthrene...  [CAS no. 56-49-5]
                                       XPRT...................  N-Nitrosodimethylamine   [CAS no. 62-75-9]
                                                                 (for high levels of S-
                                                                 9).
                                                                Benzo(a)pyrene.........  [CAS no. 50-32-8]
----------------------------------------------------------------------------------------------------------------

    (3) Other appropriate positive control reference substances may be 
used, e.g., if a laboratory has a historical data base on 5-Bromo 2'-
deoxyuridine [CAS No. 59-14-3], this reference substance could be used 
as well. The use of chemical class-related positive control chemicals 
may be considered, when available.
    (4) Negative controls, consisting of solvent or vehicle alone in the 
treatment medium, and treated in the same way as the treatment groups 
shall be included. In addition, untreated controls should also be used 
unless there are historical control data demonstrating that no 
deleterious or mutagenic effects are induced by the chosen solvent.
    (3) Procedure--(i) Treatment with test substance. (A) Proliferating 
cells shall be exposed to the test substance both with and without 
metabolic activation. Exposure shall be for a suitable period of time 
(usually 3 to 6 hrs is effective). Exposure time may be extended over 
one or more cell cycles.
    (B) Either duplicate or single treated cultures may be used at each 
concentration tested. When single cultures are used, the number of 
concentrations should be increased to ensure an adequate number of 
cultures for analysis (e.g. at least eight analyzsable concentrations). 
Duplicate negative (solvent) control cultures should be used.
    (C) Gaseous or volatile substances should be tested by appropriate 
methods, such as in sealed culture vessels. Methods described in the 
references under paragraphs (g)(20) and (g)(21) of this section may be 
used.
    (ii) Measurement of survival, viability, and mutant frequency. (A) 
At the end of the exposure period, cells shall be washed and cultured to 
determine survival and to allow for expression of the mutant phenotype. 
Measurement of cytotoxicity by determining the relative cloning 
efficiency (survival) or relative total growth of the cultures is 
usually initiated after the treatment period.
    (B) Each locus has a defined minimum time requirement to allow near 
optimal phenotypic expression of newly induced mutants (HPRT and XPRT 
require at least 6-8 days, and TK at least 2 days). Cells are grown in 
medium with and without selective agent(s) for determination of numbers 
of mutants and cloning efficiency, respectively. The measurement of 
viability (used to calculate mutant frequency) is initiated at the end 
of the expression time by plating in non-selective medium.

[[Page 316]]

    (C) If the test substance is positive in the L5178Y TK=/
- test, colony sizing should be performed on at least one of 
the test cultures (the highest positive concentration) and on the 
negative and positive controls. If the test substance is negative in the 
L5178Y TK=/- test, colony sizing should be 
performed on the negative and positive controls. In studies using 
TK6TK=/-, colony sizing may also be performed.
    (f) Data and reporting--(1) Treatment of results. (i) Data shall 
include cytotoxicity and viability determination, colony counts and 
mutant frequencies for the treated and control cultures. In the case of 
a positive response in the L5178Y TK=/- test, 
colonies are scored using the criteria of small and large colonies on at 
least one concentration of the test substance (highest positive 
concentration) and on the negative and positive control. The molecular 
and cytogenetic nature of both large and small colony mutants has been 
explored in detail and is discussed in the references under paragraphs 
(g)(22) and (g)(23) of this section. In the TK=/- 
test, colonies are scored using the criteria of normal growth (large) 
and slow growth (small) colonies (a scoring system similar to the one 
described in the reference under paragraph (g)(24) of this section may 
be used). Mutant cells that have suffered the most extensive genetic 
damage have prolonged doubling times and thus form small colonies. This 
damage typically ranges in scale from the losses of the entire gene to 
karyotypically visible chromosome aberrations. The induction of small 
colony mutants has been associated with chemicals that induce gross 
chromosome aberrations. Less seriously affected mutant cells grow at 
rates similar to the parental cells and form large colonies.
    (ii) Survival (relative cloning efficiencies) or relative total 
growth shall be given. Mutant frequency shall be expressed as number of 
mutant cells per number of surviving cells.
    (iii) Individual culture data shall be provided. Additionally, all 
data shall be summarized in tabular form.
    (iv) There is no requirement for verification of a clear positive 
response. Equivocal results shall be clarified by further testing 
preferably using a modification of experimental conditions. Negative 
results need to be confirmed on a case-by-case basis. In those cases 
where confirmation of negative results is not considered necessary, 
justification should be provided. Modification of study parameters to 
extend the range of conditions assessed should be considered in follow-
up experiments for either equivocal or negative results. Study 
parameters that might be modified include the concentration spacing, and 
the metabolic activation conditions.
    (2) Evaluation and interpretation of results. (i) There are several 
criteria for determining a positive result, such as a concentration-
related, or a reproducible increase in mutant frequency. Biological 
relevance of the results should be considered first. Statistical methods 
may be used as an aid in evaluating the test results. Statistical 
significance should not be the only determining factor for a positive 
response.
    (ii) A test substance, for which the results do not meet the 
criteria described in paragraph (f)(2)(i) of this section is considered 
non-mutagenic in this system.
    (iii) Although most studies will give clearly positive or negative 
results, in rare cases the data set will preclude making a definite 
judgement about the activity of the test substance. Results may remain 
equivocal or questionable regardless of the number of times the 
experiment is repeated.
    (iv) Positive results for an in vitro mammalian cell gene mutation 
test indicate that the test substance induces gene mutations in the 
cultured mammalian cells used. A positive concentration-response that is 
reproducible is most meaningful. Negative results indicate that, under 
the test conditions, the test substance does not induce gene mutations 
in the cultured mammalian cells used.
    (3) Test report. The test report shall include the following 
information:
    (i) Test substance:
    (A) Identification data and CAS no., if known.
    (B) Physical nature and purity.
    (C) Physicochemical properties relevant to the conduct of the study.
    (D) Stability of the test substance.

[[Page 317]]

    (ii) Solvent/vehicle:
    (A) Justification for choice of vehicle/solvent.
    (B) Solubility and stability of the test substance in solvent/
vehicle, if known.
    (iii) Cells:
    (A) Type and source of cells.
    (B) Number of cell cultures.
    (C) Number of cell passages, if applicable.
    (D) Methods for maintenance of cell cultures, if applicable.
    (E) Absence of mycoplasma.
    (iv) Test conditions:
    (A) Rationale for selection of concentrations and number of cell 
cultures including e.g., cytotoxicity data and solubility limitations, 
if available.
    (B) Composition of media, CO2 concentration.
    (C) Concentration of test substance.
    (D) Volume of vehicle and test substance added.
    (E) Incubation temperature.
    (F) Incubation time.
    (G) Duration of treatment.
    (H) Cell density during treatment.
    (I) Type and composition of metabolic activation system including 
acceptability criteria.
    (J) Positive and negative controls.
    (K) Length of expression period (including number of cells seeded, 
and subcultures and feeding schedules, if appropriate).
    (L) Selective agent(s).
    (M) Criteria for considering tests as positive, negative or 
equivocal.
    (N) Methods used to enumerate numbers of viable and mutant cells.
    (O) Definition of colonies of which size and type are considered 
(including criteria for ``small'' and ``large'' colonies, as 
appropriate).
    (v) Results:
    (A) Signs of toxicity.
    (B) Signs of precipitation.
    (C) Data on pH and osmolality during the exposure to the test 
substance, if determined.
    (D) Colony size if scored for at least negative and positive 
controls.
    (E) Laboratory's adequacy to detect small colony mutants with the 
L5178Y TK=/- system, where appropriate.
    (F) Dose-response relationship, where possible.
    (G) Statistical analyses, if any.
    (H) Concurrent negative (solvent/vehicle) and positive control data.
    (I) Historical negative (solvent/vehicle) and positive control data 
with ranges, means, and standard deviations.
    (J) Mutant frequency.
    (vi) Discussion of the results.
    (vii) Conclusion.
    (g) References. For additional background information on this test 
guideline, the following references should be consulted. These 
references are available for inspection at the TSCA Nonconfidential 
Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 
St., SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 
except legal holidays.
    (1) Chu, E.H.Y. and Malling, H.V. Mammalian Cell Genetics. II. 
Chemical Induction of Specific Locus Mutations in Chinese Hamster Cells 
In Vitro, Proc. National Academy Science (USA, 1968) 61, 1306-1312.
    (2) Liber, H.L. and Thilly, W.G. Mutation Assay at the Thymidine 
Kinase Locus in Diploid Human Lymphoblasts. Mutation Research. 94, 467-
485 (1982).
    (3) Moore, M.M., Harrington-Brock, K., Doerr, C.L., and Dearfield, 
K.L. Differential Mutant Quantitation at the Mouse Lymphoma TK and CHO 
HGPRT Loci. Mutagenesis. 4, 394-403 (1989).
    (4) Aaron, C.S. and Stankowski, Jr., L.F. Comparison of the AS52/
XPRT and the CHO/HPRT Assays: Evaluation of Six Drug Candidates. 
Mutation Research. 223, 121-128 (1989).
    (5) Aaron, C.S., Bolcsfoldi, G., Glatt, H.R., Moore, M., Nishi, Y., 
Stankowski, L., Theiss, J., and Thompson, E. Mammalian Cell Gene 
Mutation Assays Working Group Report. Report of the International 
Workshop on Standardization of Genotoxicity Test Procedures. Mutation 
Research. 312, 235-239 (1994).
    (6) Scott, D., Galloway, S.M., Marshall, R.R., Ishidate, M., 
Brusick, D., Ashby, J., and Myhr, B.C. Genotoxicity Under Extreme 
Culture Conditions. A report from ICPEMC Task Group 9. Mutation 
Research. 257, 147-204 (1991).
    (7) Clive, D., McCuen, R., Spector, J.F.S., Piper, C., and 
Mavournin, K.H. Specific Gene Mutations in L5178Y Cells in Culture. A 
Report of the U.S. Environmental Protection Agency

[[Page 318]]

Gene-Tox Program. Mutation Research. 115, 225-251 (1983).
    (8) Li, A.P., Gupta, R.S., Heflich, R.H., and Wasson, J. S. A Review 
and Analysis of the Chinese Hamster Ovary/Hypoxanthine Guanine 
Phosphoribosyl Transferase System to Determine the Mutagenicity of 
Chemical Agents: A Report of Phase III of the U.S. Environmental 
Protection Agency Gene-Tox Program. Mutation Research. 196, 17-36 
(1988).
    (9) Li, A.P., Carver, J.H., Choy, W.N., Hsie, A.W., Gupta, R.S., 
Loveday, K.S., O'Neill, J.P., Riddle, J.C., Stankowski, Jr., L.F., and 
Yang, L.L. A Guide for the Performance of the Chinese Hamster Ovary 
Cell/Hypoxanthine-Guanine Phosphoribosyl Transferase Gene Mutation 
Assay. Mutation Research. 189, 135-141 (1987).
    (10) Liber, H.L., Yandell, D.W., and Little, J.B. A Comparison of 
Mutation Induction at the tk and hprt Loci in Human Lymphoblastoid 
Cells; Quantitative Differences are Due to an Additional Class of 
Mutations at the Autosomal TK Locus. Mutation Research. 216, 9-17 
(1989).
    (11) Stankowski, L.F. Jr., Tindall, K.R., and Hsie, A.W. 
Quantitative and Molecular Analyses of Ethyl Methanesulfonate- and ICR 
191-Induced Molecular Analyses of Ethyl Methanesulfonate- and ICR 191-
Induced Mutation in AS52 Cells. Mutation Reseach. 160, 133-147 (1986).
    (12) Turner, N.T., Batson, A.G., and Clive, D. Eds. Kilbey, B.J. et 
al. Procedures for the L5178Y/TK=/- > 
TK=/- Mouse Lymphoma Cell Mutagenicity Assay. 
Handbook of Mutagenicity Test Procedures (Elsevier Science Publishers, 
New York, 1984) pp. 239-268.
    (13) Arlett, C.F., Smith, D.M., Clarke, G.M., Green, M.H.L., Cole, 
J., McGregor, D.B., and Asquith, J.C. Ed. Kirkland, D.J. Mammalian Cell 
Gene Mutation Assays Based Upon Colony Formation. Statistical Evaluation 
of Mutagenicity Test Data (Cambridge University Press, 1989) pp. 66-101.
    (14) Abbondandolo, A., Bonatti, S., Corti, G., Fiorio, R., Loprieno, 
N., and Mazzaccaro, A. Induction of 6-Thioguanine-Resistant Mutants in 
V79 Chinese Hamster Cells by Mouse-Liver Microsome-Activated 
Dimethylnitrosamine. Mutation Research. 46, 365-373 (1977).
    (15) Ames, B.N., McCann, J., and Yamasaki, E. Methods for Detecting 
Carcinogens and Mutagens with the Salmonella/Mammalian-Microsome 
Mutagenicity Test. Mutation Reseach. 31, 347-364 (1975).
    (16) Clive, D., Johnson, K.O., Spector, J.F.S., Batson, A.G., and 
Brown M.M.M. Validation and Characterization of the L5178Y/
TK=/- Mouse Lymphoma Mutagen Assay System. 
Mutation Reseach. 59, 61-108 (1979).
    (17) Maron, D.M. and Ames, B.N. Revised Methods for the Salmonella 
Mutagenicity Test. Mutation Reseach. 113, 173, 215 (1983).
    (18) Elliott, B.M., Combes, R.D., Elcombe, C.R., Gatehouse, D.G., 
Gibson, G.G., Mackay, J.M., and Wolf, R.C. Alternatives to Aroclor 1254-
Induced S9 in In Vitro Genotoxicity Assays. Mutagenesis. 7, 175-177 
(1992).
    (19) Matsushima, T., Sawamura, M., Hara, K., and Sugimura, T. A Safe 
Substitute for Polychlorinated Biphenyls as an Inducer of Metabolic 
Activation Systems. (Eds.) de Serres, F.J., Fouts, J.R., Bend, J.R., and 
Philpot, R.M. In Vitro Metabolic Activation in Mutagenesis Testing 
(Elsevier, North-Holland, 1976) pp. 85-88.
    (20) Krahn, D.F., Barsky, F.C., and McCooey, K.T. Eds. Tice, R.R., 
Costa, D.L., and Schaich, K.M. CHO/HGPRT Mutation Assay: Evaluation of 
Gases and Volatile Liquids. Genotoxic Effects of Airborne Agents (New 
York, Plenum, 1982) pp. 91-103.
    (21) Zamora, P.O., Benson, J.M., Li, A.P., and Brooks, A.L. 
Evaluation of an Exposure System Using Cells Grown on Collagen Gels for 
Detecting Highly Volatile Mutagens in the CHO/HGPRT Mutation Assay. 
Environmental Mutagenesis. 5, 795-801 (1983).
    (22) Applegate, M.L., Moore, M.M., Broder, C.B., Burrell, A., and 
Hozier, J.C. Molecular Dissection of Mutations at the Heterozygous 
Thymidine Kinase Locus in Mouse Lymphoma Cells. Proc. National Academy 
Science (USA, 1990) 87, 51-55.
    (23) Moore, M.M., Clive, D., Hozier, J.C., Howard, B.E., Batson, 
A.G., Turner, N.T., and Sawyer, J. Analysis of Trifluorothymidine-
Resistant (TFTr) Mutants of L5178Y/TK=/
- Mouse

[[Page 319]]

Lymphoma Cells. Mutation Research. 151, 161-174 (1985).
    (24) Yandell, D.W., Dryja, T.P., and Little J.B. Molecular Genetic 
Analysis of Recessive Mutations at a Heterozygous Autosomal Locus in 
Human Cells. Mutation Research. 229, 89-102 (1990).
    (25) Moore, M.M. and Doerr, C.L. Comparison of Chromosome Aberration 
Frequency and Small-Colony TK-Deficient Mutant Frequency in L5178Y/
TK=/- 3.7.2C Mouse Lymphoma Cells. Mutagenesis. 5, 
609-614 (1990).



Sec. 799.9538  TSCA mammalian bone marrow chromosomal aberration test.

    (a) Scope. This section is intended to meet the testing requirements 
under section 4 of TSCA. The mammalian bone marrow chromosomal 
aberration test is used for the detection of structural chromosome 
aberrations induced by test compounds in bone marrow cells of animals, 
usually rodents. Structural chromosome aberrations may be of two types, 
chromosome or chromatid. An increase in polyploidy may indicate that a 
chemical has the potential to induce numerical aberrations. With the 
majority of chemical mutagens, induced aberrations are of the chromatid-
type, but chromosome-type aberrations also occur. Chromosome mutations 
and related events are the cause of many human genetic diseases and 
there is substantial evidence that chromosome mutations and related 
events causing alterations in oncogenes and tumor suppressor genes are 
involved in cancer in humans and experimental systems.
    (b) Source. The source material used in developing this TSCA test 
guideline is the OECD guideline 475 (February 1997). This source is 
available at the address in paragraph (g) of this section.
    (c) Definitions. The following definitions apply to this section:
    Chromatid-type aberration is structural chromosome damage expressed 
as breakage of single chromatids or breakage and reunion between 
chromatids.
    Chromosome-type aberration is structural chromosome damage expressed 
as breakage, or breakage and reunion, of both chromatids at an identical 
site.
    Endoreduplication is a process in which after an S period of DNA 
replication, the nucleus does not go into mitosis but starts another S 
period. The result is chromosomes with 2,4,8,...chromatids.
    Gap is an achromatic lesion smaller than the width of one chromatid, 
and with minimum misalignment of the chromatids.
    Numerical aberration is a change in the number of chromosomes from 
the normal number characteristic of the animals utilized.
    Polyploidy is a multiple of the haploid chromosome number (n) other 
than the diploid number (i.e., 3n, 4n and so on).
    Structural aberration is a change in chromosome structure detectable 
by microscopic examination of the metaphase stage of cell division, 
observed as deletions and fragments, intrachanges or interchanges.
    (d) Initial considerations. (1) Rodents are routinely used in this 
test. Bone marrow is the target tissue in this test, since it is a 
highly vascularised tissue, and it contains a population of rapidly 
cycling cells that can be readily isolated and processed. Other species 
and target tissues are not the subject of this section.
    (2) This chromosome aberration test is especially relevant to 
assessing mutagenic hazard in that it allows consideration of factors of 
in vivo metabolism, pharmacokinetics and DNA-repair processes although 
these may vary among species and among tissues. An in vivo test is also 
useful for further investigation of a mutagenic effect detected by an in 
vitro test.
    (3) If there is evidence that the test substance, or a reactive 
metabolite, will not reach the target tissue, it is not appropriate to 
use this test.
    (e) Test method--(1) Principle. Animals are exposed to the test 
substance by an appropriate route of exposure and are sacrificed at 
appropriate times after treatment. Prior to sacrifice, animals are 
treated with a metaphase-arresting agent (e.g., colchicine or 
Colcemid). Chromosome preparations are then made from the bone 
marrow cells and stained, and metaphase cells are analyzed for 
chromosome aberrations.

[[Page 320]]

    (2) Description--(i) Preparations--(A) Selection of animal species. 
Rats, mice and Chinese hamsters are commonly used, although any 
appropriate mammalian species may be used. Commonly used laboratory 
strains of young healthy adult animals should be employed. At the 
commencement of the study, the weight variation of animals should be 
minimal and not exceed  20% of the mean weight of each sex.
    (B) Housing and feeding conditions. The temperature in the 
experimental animal room should be 22  deg.C  3  deg.C). 
Although the relative humidity should be at least 30% and preferably not 
exceed 70% other than during room cleaning, the aim should be 50-60%. 
Lighting should be artificial, the sequence being 12 hrs light, 12 hrs 
dark. For feeding, conventional laboratory diets may be used with an 
unlimited supply of drinking water. The choice of diet may be influenced 
by the need to ensure a suitable admixture of a test substance when 
administered by this method. Animals may be housed individually, or be 
caged in small groups of the same sex.
    (C) Preparation of the animals. Healthy young adult animals shall be 
randomly assigned to the control and treatment groups. Cages should be 
arranged in such a way that possible effects due to cage placement are 
minimized. The animals are identified uniquely. The animals are 
acclimated to the laboratory conditions for at least 5 days.
    (D) Preparation of doses. Solid test substances shall be dissolved 
or suspended in appropriate solvents or vehicles and diluted, as 
appropriate, prior to dosing of the animals. Liquid test substances may 
be dosed directly or diluted prior to dosing. Fresh preparations of the 
test substance should be employed unless stability data demonstrate the 
acceptability of storage.
    (ii) Test conditions--(A) Solvent/vehicle. The solvent/vehicle shall 
not produce toxic effects at the dose levels used, and shall not be 
suspected of chemical reaction with the test substance. If other than 
well-known solvents/vehicles are used, their inclusion should be 
supported with data indicating their compatibility. It is recommended 
that wherever possible, the use of an aqueous solvent/vehicle should be 
considered first.
    (B) Controls. (1) Concurrent positive and negative (solvent/vehicle) 
controls shall be included for each sex in each test. Except for 
treatment with the test substance, animals in the control groups should 
be handled in an identical manner to the animals in the treated groups.
    (2) Positive controls shall produce structural chromosome 
aberrations in vivo at exposure levels expected to give a detectable 
increase over background. Positive control doses should be chosen so 
that the effects are clear but do not immediately reveal the identity of 
the coded slides to the reader. It is acceptable that the positive 
control be administered by a route different from the test substance and 
sampled at only a single time. The use of chemical class related 
positive control chemicals may be considered, when available. Examples 
of positive control substances include:

------------------------------------------------------------------------
                 Chemical                              CAS No.
------------------------------------------------------------------------
Triethylenemelamine.......................  [CAS no. 51-18-3]
Ethyl methanesulphonate...................  [CAS no. 62-50-0]
Ethyl nitrosourea.........................  [CAS no. 759-73-9]
Mitomycin C...............................  [CAS no. 50-07-7]
Cyclophosphamide (monohydrate)............  [CAS no. 50-18-0]
                                            [CAS no. 6055-19-2]
------------------------------------------------------------------------

    (3) Negative controls, treated with solvent or vehicle alone, and 
otherwise treated in the same way as the treatment groups, shall be 
included for every sampling time, unless acceptable inter-animal 
variability and frequencies of cells with chromosome aberrations are 
available from historical control data. If single sampling is applied 
for negative controls, the most appropriate time is the first sampling 
time. In the absence of historical or published control data 
demonstrating that no deleterious or mutagenic effects are induced by 
the chosen solvent/vehicle, untreated animals should be used.
    (3) Procedure--(i) Number and sex of animals. Each treated and 
control group shall include at least 5 analyzable animals per sex. If at 
the time of the study there are data available from studies in the same 
species and using the same route of exposure that demonstrate that there 
are no substantial

[[Page 321]]

differences in toxicity between sexes, then testing in a single sex will 
be sufficient. Where human exposure to chemicals may be sex-specific, as 
for example with some pharmaceutical agents, the test should be 
performed with animals of the appropriate sex.
    (ii) Treatment schedule. (A) Test substances are preferably 
administered as a single treatment. Test substances may also be 
administered as a split dose, i.e. two treatments on the same day 
separated by no more than a few hrs, to facilitate administering a large 
volume of material. Other dose regimens should be scientifically 
justified.
    (B) Samples shall be taken at two separate times following treatment 
on one day. For rodents, the first sampling interval is 1.5 normal cell 
cycle length (the latter being normally 12-18 hr) following treatment. 
Since the time required for uptake and metabolism of the test substance 
as well as its effect on cell cycle kinetics can affect the optimum time 
for chromosome aberration detection, a later sample collection 24 hr 
after the first sample time is recommended. If dose regimens of more 
than one day are used, one sampling time at 1.5 normal cell cycle 
lengths after the final treatment should be used.
    (C) Prior to sacrifice, animals shall be injected intraperitoneally 
with an appropriate dose of a metaphase arresting agent (e.g. 
Colcemid or colchicine). Animals are sampled at an appropriate 
interval thereafter. For mice this interval is approximately 3-5 hrs; 
for Chinese hamsters this interval is approximately 4-5 hrs. Cells shall 
be harvested from the bone marrow and analyzed from chromosome 
aberrations.
    (iii) Dose levels. If a range finding study is performed because 
there are no suitable data available, it shall be performed in the same 
laboratory, using the same species, strain, sex, and treatment regimen 
to be used in the main study (an approach to dose selection is presented 
in the reference under paragraph (g)(5) of this section). If there is 
toxicity, three dose levels shall be used for the first sampling time. 
These dose levels shall cover a range from the maximum to little or no 
toxicity. At the later sampling time only the highest dose needs to be 
used. The highest dose is defined as the dose producing signs of 
toxicity such that higher dose levels, based on the same dosing regimen, 
would be expected to produce lethality. Substances with specific 
biological activities at low non-toxic doses (such as hormones and 
mitogens) may be exceptions to the dose-setting criteria and should be 
evaluated on a case-by-case basis. The highest dose may also be defined 
as a dose that produces some indication of toxicity in the bone marrow 
(e.g. greater than 50% reduction in mitotic index).
    (iv) Limit test. If a test at one dose level of at least 2,000 mg/kg 
body weight using a single treatment, or as two treatments on the same 
day, produces no observable toxic effects, and if genotoxicity would not 
be expected based on data from structurally related compounds, then a 
full study using three dose levels may not be considered necessary. For 
studies of a longer duration, the limit dose is 2,000 mg/kg/body weight/
day for treatment up to 14 days, and 1,000 mg/kg/body weight/day for 
treatment longer than 14 days. Expected human exposure may indicate the 
need for a higher dose level to be used in the limit test.
    (v) Administration of doses. The test substance is usually 
administered by gavage using a stomach tube or a suitable intubation 
cannula, or by intraperitoneal injection. Other routes of exposure may 
be acceptable where they can be justified. The maximum volume of liquid 
that can be administered by gavage or injection at one time depends on 
the size of the test animal. The volume should not exceed 2 ml/100g body 
weight. The use of volumes higher than these must be justified. Except 
for irritating or corrosive substances which will normally reveal 
exacerbated effects with higher concentrations, variability in test 
volume should be minimized by adjusting the concentration to ensure a 
constant volume at all dose levels.
    (vi) Chromosome preparation. Immediately after sacrifice, bone 
marrow shall be obtained, exposed to hypotonic solution and fixed. The 
cells shall be then spread on slides and stained.

[[Page 322]]

    (vii) Analysis. (A) The mitotic index should be determined as a 
measure of cytotoxicity in at least 1,000 cells per animal for all 
treated animals (including positive controls) and untreated negative 
control animals.
    (B) At least 100 cells should be analyzed for each animal. This 
number could be reduced when high numbers of aberrations are observed. 
All slides, including those of positive and negative controls, shall be 
independently coded before microscopic analysis. Since slide preparation 
procedures often result in the breakage of a proportion of metaphases 
with loss of chromosomes, the cells scored should therefore contain a 
number of centromeres equal to the number 2n  2.
    (f) Data and reporting--(1) Treatment of results. Individual animal 
data shall be presented in tabular form. The experimental unit is the 
animal. For each animal the number of cells scored, the number of 
aberrations per cell and the percentage of cells with structural 
chromosome aberration(s) shall be evaluated. Different types of 
structural chromosome aberrations shall be listed with their numbers and 
frequencies for treated and control groups. Gaps shall be recorded 
separately and reported but generally not included in the total 
aberration frequency. If there is no evidence for a difference in 
response between the sexes, the data may be combined for statistical 
analysis.
    (2) Evaluation and interpretation of results. (i) There are several 
criteria for determining a positive result, such as a dose-related 
increase in the relative number of cells with chromosome aberrations or 
a clear increase in the number of cells with aberrations in a single 
dose group at a single sampling time. Biological relevance of the 
results should be considered first. Statistical methods may be used as 
an aid in evaluating the test results (some statistical methods are 
described in the reference under paragraph (g)(6) of this section). 
Statistical significance should not be the only determining factor for a 
positive response. Equivocal results should be clarified by further 
testing preferably using a modification of experimental conditions.
    (ii) An increase in polyploidy may indicate that the test substance 
has the potential to induce numerical chromosome aberrations. An 
increase in endoreduplication may indicate that the test substance has 
the potential to inhibit cell cycle progression. This phenomenon is 
described in the references under paragraphs (g)(7) and (g)(8) of this 
section.
    (iii) A test substance for which the results do not meet the 
criteria described in paragraph (f)(2)(i) of this section is considered 
non-mutagenic in this test.
    (iv) Although most experiments will give clearly positive or 
negative results, in rare cases the data set will preclude making a 
definite judgment about the activity of the test substance. Results may 
remain equivocal or questionable regardless of the number of experiments 
performed.
    (v) Positive results from the in vivo chromosome aberration test 
indicate that a substance induces chromosome aberrations in the bone 
marrow of the species tested. Negative results indicate that, under the 
test conditions, the test substance does not induce chromosome 
aberrations in the bone marrow of the species tested.
    (vi) The likelihood that the test substance or its metabolites reach 
the general circulation or specifically the target tissue (e.g., 
systemic toxicity) should be discussed.
    (3) Test report. The test report shall include the following 
information:
    (i) Test substance:
    (A) Identification data and CAS No., if known.
    (B) Physical nature and purity.
    (C) Physicochemical properties relevant to the conduct of the study.
    (D) Stability of the test substance, if known.
    (ii) Solvent/vehicle:
    (A) Justification for choice of vehicle.
    (B) Solubility and stability of the test substance in solvent/
vehicle, if known.
    (iii) Test animals:
    (A) Species/strain used.
    (B) Number, age and sex of animals.
    (C) Source, housing conditions, diet, etc.
    (D) Individual weight of the animals at the start of the test, 
including body

[[Page 323]]

weight range, mean and standard deviation for each group.
    (iv) Test conditions:
    (A) Positive and negative (vehicle/solvent) controls.
    (B) Data from range-finding study, if conducted.
    (C) Rationale for dose level selection.
    (D) Details of test substance preparation.
    (E) Details of the administration of the test substance.
    (F) Rationale for route of administration.
    (G) Methods for verifying that the test substance reached the 
general circulation or target tissue, if applicable.
    (H) Conversion from diet/drinking water test substance concentration 
parts per million (ppm) to the actual dose (mg/kg body weight/day), if 
applicable.
    (I) Details of food and water quality.
    (J) Detailed description of treatment and sampling schedules.
    (K) Methods for measurement of toxicity.
    (L) Identity of metaphase arresting substance, its concentration and 
duration of treatment.
    (M) Methods of slide preparation.
    (N) Criteria for scoring aberrations.
    (O) Number of cells analyzed per animal.
    (P) Criteria for considering studies as positive, negative or 
equivocal.
    (v) Results:
    (A) Signs of toxicity.
    (B) Mitotic index.
    (C) Type and number of aberrations, given separately for each 
animal.
    (D) Total number of aberrations per group with means and standard 
deviations.
    (E) Number of cells with aberrations per group with means and 
standard deviations.
    (F) Changes in ploidy, if seen.
    (G) Dose-response relationship, where possible.
    (H) Statistical analyses, if any.
    (I) Concurrent negative control data.
    (J) Historical negative control data with ranges, means and standard 
deviations.
    (K) Concurrent positive control data.
    (vi) Discussion of the results.
    (vii) Conclusion.
    (g) References. For additional background information on this test 
guideline, the following references should be consulted. These 
references are available for inspection at the TSCA Nonconfidential 
Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 
St., SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 
except legal holidays.
    (1) Adler, I.D. Eds. S. Venitt and J.M. Parry. Cytogenetic Tests in 
Mammals. Mutagenicity Testing: A Practical Approach. (IRL Press, Oxford, 
Washington DC, 1984) pp. 275-306.
    (2) Preston, R.J., Dean, B.J., Galloway, S., Holden, H., McFee, 
A.F., and Shelby, M. Mammalian In Vivo Cytogenetic Assays: Analysis of 
Chromosome Aberrations in Bone Marrow Cells. Mutation Research. 189, 
157-165 (1987).
    (3) Richold, M., Chandley, A., Ashby, J., Gatehouse, D.G., Bootman, 
J., and Henderson, L. Ed. D.J. Kirkland. In Vivo Cytogenetic Assays. 
Basic Mutagenicity Tests, UKEMS Recommended Procedures. UKEMS 
Subcommittee on Guidelines for Mutagenicity Testing. Report. Part I 
revised. (Cambridge University Press, Cambridge, NY, Port Chester, 
Melbourne, Sydney, 1990) pp. 115-141.
    (4) Tice, R.R., Hayashi, M., MacGregor, J.T., Anderson, D., Blakey, 
D.H., Holden, H.E., Kirsch-Volders, M., Oleson Jr., F.B., Pacchierotti, 
F., Preston, R.J., Romagna, F., Shimada, H., Sutou, S., and Vannier, B. 
Report from the Working Group on the In Vivo Mammalian Bone Marrow 
Chromosomal Aberration Test. Mutation Research. 312, 305-312 (1994).
    (5) Fielder, R.J., Allen, J.A., Boobis, A.R., Botham, P.A., Doe, J., 
Esdaile, D.J., Gatehouse, D.G., Hodson-Walker, G., Morton, D.B., 
Kirkland, D. J., and Richold, M. Report of British Toxicology Society/UK 
Environmental Mutagen Society Working Group: Dose Setting in In Vivo 
Mutagenicity Assays. Mutagenesis. 7, 313-319 (1992).
    (6) Lovell, D.P., Anderson, D., Albanese, R., Amphlett, G.E., Clare, 
G., Ferguson, R., Richold, M., Papworth, D.G., and Savage, J.R.K. Ed. 
Kirkland,D. J. Statistical Analysis of In Vivo Cytogenetic Assays. UKEMS 
Sub-Committee on Guidelines for Mutagenicity Testing. Report Part III. 
Statistical Evaluation of Mutagenicity

[[Page 324]]

Test Data (Cambridge University Press, Cambridge, 1989) pp. 184-232.
    (7) Locke-Huhle, C. Endoreduplication in Chinese Hamster Cells 
During Alpha-Radiation Induced G2 Arrest. Mutation Research. 119, 403-
413 (1983).
    (8) Huang, Y., Change, C., and Trosko, J. E. Aphidicolin-Induced 
Endoreduplication in Chinese Hamster Cells. Cancer Research. 43, 1362-
1364 (1983).

[62 FR 43824, Aug. 15, 1997, as amended at 64 FR 35079, June 30, 1999]



Sec. 799.9539  TSCA mammalian erythrocyte micronucleus test.

    (a) Scope. This section is intended to meet the testing requirements 
under section 4 of TSCA.
    (1) The mammalian erythrocyte micronucleus test is used for the 
detection of damage induced by the test substance to the chromosomes or 
the mitotic apparatus of erythroblasts by analysis of erythrocytes as 
sampled in bone marrow and/or peripheral blood cells of animals, usually 
rodents.
    (2) The purpose of the micronucleus test is to identify substances 
that cause cytogenetic damage which results in the formation of 
micronuclei containing lagging chromosome fragments or whole 
chromosomes.
    (3) When a bone marrow erythroblast develops into a polychromatic 
erythrocyte, the main nucleus is extruded; any micronucleus that has 
been formed may remain behind in the otherwise anucleated cytoplasm. 
Visualization of micronuclei is facilitated in these cells because they 
lack a main nucleus. An increase in the frequency of micronucleated 
polychromatic erythrocytes in treated animals is an indication of 
induced chromosome damage.
    (b) Source. The source material used in developing this TSCA test 
guideline is the OECD guideline 474 (February 1997). This source is 
available at the address in paragraph (g) of this section.
    (c) Definitions. The following definitions apply to this section:
    Centromere (kinetochore) is a region of a chromosome with which 
spindle fibers are associated during cell division, allowing orderly 
movement of daughter chromosomes to the poles of the daughter cells.
    Micronuclei are small nuclei, separate from and additional to the 
main nuclei of cells, produced during telophase of mitosis (meiosis) by 
lagging chromosome fragments or whole chromosomes.
    Normochromatic erythrocyte is a mature erythrocyte that lacks 
ribosomes and can be distinguished from immature, polychromatic 
erythrocytes by stains selective for ribosomes.
    Polychromatic erythrocyte is a immature erythrocyte, in an 
intermediate stage of development, that still contains ribosomes and 
therefore can be distinguished from mature, normochromatic erythrocytes 
by stains selective for ribosomes.
    (d) Initial considerations. (1) The bone marrow of rodents is 
routinely used in this test since polychromatic erythrocytes are 
produced in that tissue. The measurement of micronucleated immature 
(polychromatic) erythrocytes in peripheral blood is equally acceptable 
in any species in which the inability of the spleen to remove 
micronucleated erythrocytes has been demonstrated, or which has shown an 
adequate sensitivity to detect agents that cause structural or numerical 
chromosome aberrations. Micronuclei can be distinguished by a number of 
criteria. These include identification of the presence or absence of a 
kinetochore or centromeric DNA in the micronuclei. The frequency of 
micronucleated immature (polychromatic) erythrocytes is the principal 
endpoint. The number of mature (normochromatic) erythrocytes in the 
peripheral blood that contain micronuclei among a given number of mature 
erythrocytes can also be used as the endpoint of the assay when animals 
are treated continuously for 4 weeks or more. This mammalian in vivo 
micronucleus test is especially relevant to assessing mutagenic hazard 
in that it allows consideration of factors of in vivo metabolism, 
pharmacokinetics and DNA-repair processes although these may vary among 
species, among tissues and among genetic endpoints. An in vivo

[[Page 325]]

assay is also useful for further investigation of a mutagenic effect 
detected by an in vitro system.
    (2) If there is evidence that the test substance, or a reactive 
metabolite, will not reach the target tissue, it is not appropriate to 
use this test.
    (e) Test method--(1) Principle. Animals are exposed to the test 
substance by an appropriate route. If bone marrow is used, the animals 
are sacrificed at appropriate times after treatment, the bone marrow 
extracted, and preparations made and stained (test techniques described 
in the references under paragraphs (g)(1), (g)(2), and (g)(3) of this 
section may be used). When peripheral blood is used, the blood is 
collected at appropriate times after treatment and smear preparations 
are made and stained (the test techniques described in the references 
under paragraphs (g)(3), (g)(4), (g)(5), and (g)(6) of this section may 
be used). For studies with peripheral blood, as little time as possible 
should elapse between the last exposure and cell harvest. Preparations 
are analyzed for the presence of micronuclei.
    (2) Description--(i) Preparations--(A) Selection of animal species. 
Mice or rats are recommended if bone marrow is used, although any 
appropriate mammalian species may be used. When peripheral blood is 
used, mice are recommended. However, any appropriate mammalian species 
may be used provided it is a species in which the spleen does not remove 
micronucleated erythrocytes or a species which has shown an adequate 
sensitivity to detect agents that cause structural or numerical 
chromosome aberrations. Commonly used laboratory strains of young 
healthy animals should be employed. At the commencement of the study, 
the weight variation of animals should be minimal and not exceed 
 20% of the mean weight of each sex.
    (B) Housing and feeding conditions. The temperature in the 
experimental animal room should be 22  deg.C  3  deg.C). 
Although the relative humidity should be at least 30% and preferably not 
exceed 70% other than during room cleaning, the aim should be 50-60%. 
Lighting should be artificial, the sequence being 12 hrs light, 12 hrs 
dark. For feeding, conventional laboratory diets may be used with an 
unlimited supply of drinking water. The choice of diet may be influenced 
by the need to ensure a suitable admixture of a test substance when 
administered by this route. Animals may be housed individually, or caged 
in small groups of the same sex.
    (C) Preparation of the animals. Healthy young adult animals shall be 
randomly assigned to the control and treatment groups. The animals are 
identified uniquely. The animals are acclimated to the laboratory 
conditions for at least 5 days. Cages should be arranged in such a way 
that possible effects due to cage placement are minimized.
    (D) Preparation of doses. Solid test substances shall be dissolved 
or suspended in appropriate solvents or vehicles and diluted, if 
appropriate, prior to dosing of the animals. Liquid test substances may 
be dosed directly or diluted prior to dosing. Fresh preparations of the 
test substance should be employed unless stability data demonstrate the 
acceptability of storage.
    (ii) Test conditions--(A) Solvent/vehicle. The solvent/vehicle shall 
not produce toxic effects at the dose levels used, and shall not be 
suspected of chemical reaction with the test substance. If other than 
well-known solvents/vehicles are used, their inclusion should be 
supported with reference data indicating their compatibility. It is 
recommended that wherever possible, the use of an aqueous solvent/
vehicle should be considered first.
    (B) Controls. (1) Concurrent positive and negative (solvent/vehicle) 
controls shall be included for each sex in each test. Except for 
treatment with the test substance, animals in the control groups should 
be handled in an identical manner to animals of the treatment groups.
    (2) Positive controls shall produce micronuclei in vivo at exposure 
levels expected to give a detectable increase over background. Positive 
control doses should be chosen so that the effects are clear but do not 
immediately reveal the identity of the coded slides to the reader. It is 
acceptable that the positive control be administered by a route 
different from the test substance and sampled at only a single time. In

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addition, the use of chemical class-related positive control chemicals 
may be considered, when available. Examples of positive control 
substances include:

------------------------------------------------------------------------
                 Chemical                              CAS No.
------------------------------------------------------------------------
Ethyl methanesulphonate...................  [CAS no. 62-50-0]
Ethyl nitrosourea.........................  [CAS no. 759-73-9]
Mitomycin C...............................  [CAS no. 50-07-7]
Cyclophosphamide (monohydrate)............  [CAS no. 50-18-0]
                                            [CAS no. 6055-19-2]
Triethylenemelamine.......................  [CAS no. 51-18-3]
------------------------------------------------------------------------

    (3) Negative controls, treated with solvent or vehicle alone, and 
otherwise treated in the same way as the treatment groups shall be 
included for every sampling time, unless acceptable inter-animal 
variability and frequencies of cells with micronuclei are demonstrated 
by historical control data. If single sampling is applied for negative 
controls, the most appropriate time is the first sampling time. In 
addition, untreated controls should also be used unless there are 
historical or published control data demonstrating that no deleterious 
or mutagenic effects are induced by the chosen solvent/vehicle.
    (4) If peripheral blood is used, a pre-treatment sample may also be 
acceptable as a concurrent negative control, but only in the short 
peripheral blood studies (e.g., one to three treatment(s)) when the 
resulting data are in the expected range for the historical control.
    (3) Procedure--(i) Number and sex of animals. Each treated and 
control group shall include at least 5 analyzable animals per sex 
(techniques described in the reference under paragraph (g)(7) of this 
section may be used). If at the time of the study there are data 
available from studies in the same species and using the same route of 
exposure that demonstrate that there are no substantial differences 
between sexes in toxicity, then testing in a single sex will be 
sufficient. Where human exposure to chemicals may be sex-specific, as 
for example with some pharmaceutical agents, the test should be 
performed with animals of the appropriate sex.
    (ii) Treatment schedule. (A) No standard treatment schedule (i.e. 
one, two, or more treatments at 24 h intervals) can be recommended. The 
samples from extended dose regimens are acceptable as long as a positive 
effect has been demonstrated for this study or, for a negative study, as 
long as toxicity has been demonstrated or the limit dose has been used, 
and dosing continued until the time of sampling. Test substances may 
also be administered as a split dose, i.e., two treatments on the same 
day separated by no more than a few hrs, to facilitate administering a 
large volume of material.
    (B) The test may be performed in two ways:
    (1) Animals shall be treated with the test substance once. Samples 
of bone marrow shall be taken at least twice, starting not earlier than 
24 hrs after treatment, but not extending beyond 48 hrs after treatment 
with appropriate interval(s) between samples. The use of sampling times 
earlier than 24 hrs after treatment should be justified. Samples of 
peripheral blood shall be taken at least twice, starting not earlier 
than 36 hrs after treatment, with appropriate intervals following the 
first sample, but not extending beyond 72 hrs. When a positive response 
is recognized at one sampling time, additional sampling is not required.
    (2) If two or more daily treatments are used (e.g. two or more 
treatments at 24 hr intervals), samples shall be collected once between 
18 and 24 hrs following the final treatment for the bone marrow and once 
between 36 and 48 hrs following the final treatment for the peripheral 
blood (techniques described in the reference under paragraph (g)(8) of 
this section may be used).
    (C) Other sampling times may be used in addition, when relevant.
    (iii) Dose levels. If a range finding study is performed because 
there are no suitable data available, it shall be performed in the same 
laboratory, using the same species, strain, sex, and treatment regimen 
to be used in the main study (guidance on dose setting is provided in 
the reference in paragraph (g)(9) of this section). If there is 
toxicity, three dose levels shall be used for the first sampling time. 
These dose levels shall cover a range from the maximum to little or no 
toxicity. At the later sampling time only the highest dose needs to be 
used. The highest dose is defined as the dose producing signs of 
toxicity such that higher dose levels,

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based on the same dosing regimen, would be expected to produce 
lethality. Substances with specific biological activities at low non-
toxic doses (such as hormones and mitogens) may be exceptions to the 
dose-setting criteria and should be evaluated on a case-by-case basis. 
The highest dose may also be defined as a dose that produces some 
indication of toxicity in the bone marrow (e.g. a reduction in the 
proportion of immature erythrocytes among total erythrocytes in the bone 
marrow or peripheral blood).
    (iv) Limit test. If a test at one dose level of at least 2,000 mg/kg 
body weight using a single treatment, or as two treatments on the same 
day, produces no observable toxic effects, and if genotoxicity would not 
be expected based upon data from structurally related substances, then a 
full study using three dose levels may not be considered necessary. For 
studies of a longer duration, the limit dose is 2,000 mg/kg/body weight/
day for treatment up to 14 days, and 1,000 mg/kg/body weight/day for 
treatment longer than 14 days. Expected human exposure may indicate the 
need for a higher dose level to be used in the limit test.
    (v) Administration of doses. The test substance is usually 
administered by gavage using a stomach tube or a suitable intubation 
cannula, or by intraperitoneal injection. Other routes of exposure may 
be acceptable where they can be justified. The maximum volume of liquid 
that can be administered by gavage or injection at one time depends on 
the size of the test animal. The volume should not exceed 2 ml/100g body 
weight. The use of volumes higher than these must be justified. Except 
for irritating or corrosive substances which will normally reveal 
exacerbated effects with higher concentrations, variability in test 
volume should be minimized by adjusting the concentration to ensure a 
constant volume at all dose levels.
    (vi) Bone marrow/blood preparation. Bone marrow cells shall be 
obtained from the femurs or tibias immediately following sacrifice. 
Cells shall be removed from femurs or tibias, prepared and stained using 
established methods. Peripheral blood is obtained from the tail vein or 
other appropriate blood vessel. Blood cells are immediately stained 
supravitally (the test techniques described in the references under 
paragraphs (g)(4), (g)(5), and (g)(6) of this section may be used) or 
smear preparations are made and then stained. The use of a DNA specific 
stain (e.g. acridine orange (techniques described in the reference under 
paragraph (g)(10) of this section may be used) or Hoechst 33258 plus 
pyronin-Y) can eliminate some of the artifacts associated with using a 
non-DNA specific stain. This advantage does not preclude the use of 
conventional stains (e.g., Giemsa). Additional systems (e.g. cellulose 
columns to remove nucleated cells (the test techniques described in the 
references under paragraph (g)(12) of this section may be used)) can 
also be used provided that these systems have been shown to adequately 
work for micronucleus preparation in the laboratory.
    (vii) Analysis. The proportion of immature among total (immature = 
mature) erythrocytes is determined for each animal by counting a total 
of at least 200 erythrocytes for bone marrow and 1,000 erythrocytes for 
peripheral blood (techniques described in the reference under paragraph 
(g)(13) of this section maybe used). All slides, including those of 
positive and negative controls, shall be independently coded before 
microscopic analysis. At least 2,000 immature erythrocytes per animal 
shall be scored for the incidence of micronucleated immature 
erythrocytes. Additional information may be obtained by scoring mature 
erythrocytes for micronuclei. When analyzing slides, the proportion of 
immature erythrocytes among total erythrocytes should not be less than 
20% of the control value. When animals are treated continuously for 4 
weeks or more, at least 2,000 mature erythrocytes per animal can also be 
scored for the incidence of micronuclei. Systems for automated analysis 
(image analysis) and cell suspensions (flow cytometry) are acceptable 
alternatives to manual evaluation if appropriately justified and 
validated.
    (f) Data and reporting--(1) Treatment of results. Individual animal 
data shall be presented in tabular form. The experimental unit is the 
animal. The

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number of immature erythrocytes scored, the number of micronucleated 
immature erythrocytes, and the number of immature among total 
erythrocytes shall be listed separately for each animal analyzed. When 
animals are treated continuously for 4 weeks or more, the data on mature 
erythrocytes should also be given if it is collected. The proportion of 
immature among total erythrocytes and, if considered applicable, the 
percentage of micronucleated erythrocytes shall be given for each 
animal. If there is no evidence for a difference in response between the 
sexes, the data from both sexes may be combined for statistical 
analysis.
    (2) Evaluation and interpretation of results. (i) There are several 
criteria for determining a positive result, such as a dose-related 
increase in the number of micronucleated cells or a clear increase in 
the number of micronucleated cells in a single dose group at a single 
sampling time. Biological relevance of the results should be considered 
first. Statistical methods may be used as an aid in evaluating the test 
results (the test techniques described in the references paragraphs 
(g)(14) and (g)(15) of this section may be used). Statistical 
significance should not be the only determining factor for a positive 
response. Equivocal results should be clarified by further testing 
preferably using a modification of experimental conditions.
    (ii) A test substance for which the results do not meet the criteria 
in paragraph (f)(2)(i) of this section is considered non-mutagenic in 
this test.
    (iii) Although most experiments will give clearly positive or 
negative results, in rare cases the data set will preclude making a 
definite judgement about the activity of the test substance. Results, 
may remain equivocal or questionable regardless of the number of times 
the experiment is repeated. Positive results in the micronucleus test 
indicate that a substance induces micronuclei which are the result of 
chromosomal damage or damage to the mitotic apparatus in the 
erythroblasts of the test species. Negative results indicate that, under 
the test conditions, the test substance does not produce micronuclei in 
the immature erythrocytes of the test species.
    (iv) The likelihood that the test substance or its metabolites reach 
the general circulation or specifically the target tissue (e.g. systemic 
toxicity) should be discussed.
    (3) Test report. The test report shall include the following 
information:
    (i) Test substance:
    (A) Identification data and CAS no., if known.
    (B) Physical nature and purity.
    (C) Physiochemical properties relevant to the conduct of the study.
    (D) Stability of the test substance, if known.
    (ii) Solvent/vehicle:
    (A) Justification for choice of vehicle.
    (B) Solubility and stability of the test substance in the solvent/
vehicle, if known.
    (iii) Test animals:
    (A) Species/strain used.
    (B) Number, age, and sex of animals.
    (C) Source, housing conditions, diet, etc.
    (D) Individual weight of the animals at the start of the test, 
including body weight range, mean and standard deviation for each group.
    (iv) Test conditions:
    (A) Positive and negative (vehicle/solvent) control data.
    (B) Data from range-finding study, if conducted.
    (C) Rationale for dose level selection.
    (D) Details of test substance preparation.
    (E) Details of the administration of the test substance.
    (F) Rationale for route of administration.
    (G) Methods for verifying that the test substance reached the 
general circulation or target tissue, if applicable.
    (H) Conversion from diet/drinking water test substance concentration 
parts per million (ppm) to the actual dose (mg/kg body weight/day), if 
applicable.
    (I) Details of food and water quality.
    (J) Detailed description of treatment and sampling schedules.
    (K) Methods of slide preparation.
    (L) Methods for measurement of toxicity.

[[Page 329]]

    (M) Criteria for scoring micronucleated immature erythrocytes.
    (N) Number of cells analyzed per animal.
    (O) Criteria for considering studies as positive, negative or 
equivocal.
    (v) Results:
    (A) Signs of toxicity.
    (B) Proportion of immature erythrocytes among total erythrocytes.
    (C) Number of micronucleated immature erythrocytes, given separately 
for each animal.
    (D) Mean = standard deviation of micronucleated immature 
erythrocytes per group.
    (E) Dose-response relationship, where possible.
    (F) Statistical analyses and method applied.
    (G) Concurrent and historical negative control data.
    (H) Concurrent positive control data.
    (vi) Discussion of the results.
    (vii) Conclusion.
    (g) References. For additional background information on this test 
guideline, the following references should be consulted. These 
references are available for inspection at the TSCA Nonconfidential 
Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 
St., SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 
except legal holidays.
    (1) Heddle, J.A. A Rapid In Vivo Test for Chromosomal Damage. 
Mutation Research. 18, 187-190 (1973).
    (2) Schmid, W. The Micronucleus Test. Mutation Research. 31, 9-15 
(1975).
    (3) Mavournin, K.H., Blakey, D.H., Cimino, M.C., Salamone, M.F., and 
Heddle, J.A. The In Vivo Micronucleus Assay in Mammalian Bone Marrow and 
Peripheral Blood. A report of the U.S. Environmental Protection Agency 
Gene-Tox Program. Mutation Research. 239, 29-80 (1990).
    (4) Hayashi, M., Morita, T., Kodama, Y., Sofuni, T., and Ishidate, 
Jr., M. The Micronucleus Assay with Mouse Peripheral Blood Reticulocytes 
Using Acridine Orange-Coated Slides. Mutation Research. 245, 245-249 
(1990).
    (5) The Collaborative Study Group for the Micronucleus Test (1992). 
Micronucleus Test with Mouse Peripheral Blood Erythrocytes by Acridine 
Orange Supravital Staining: The Summary Report of the 5th Collaborative 
Study by CSGMT/JEMS. MMS. Mutation Research. 278, 83-98.
    (6) The Collaborative Study Group for the Micronucleus Test (CSGMT/
JEMMS.MMS, The Mammalian Mutagenesis Study Group of the Environmental 
Mutagen Society of Japan) Protocol recommended for the short-term mouse 
peripheral blood micronucleus test. Mutagenesis. 10, 153-159 (1995).
    (7) Hayashi, M., Tice, R.R., MacGregor, J.T., Anderson, D., Blakey, 
D.H., Kirsch-Volders, M., Oleson, Jr. F.B., Pacchierotti, F., Romagna, 
F., Shimada, H., Sutou, S., and Vannier, B. In Vivo Rodent Erythrocyte 
Micronucleus Assay. Mutation Research. 312, 293-304 (1994).
    (8) Higashikuni, N. and Sutou, S. An optimal, generalized sampling 
time of 30 =/- 6 h after double dosing in the mouse 
peripheral blood micronucleus test. Mutagenesis. 10, 313-319 (1995).
    (9) Fielder, R.J., Allen, J.A., Boobis, A.R., Botham, P.A., Doe, J., 
Esdaile, D.J., Gatehouse, D.G., Hodson-Walker, G., Morton, D.B., 
Kirkland, D. J., and Richold, M. Report of British Toxicology Society/UK 
Environmental Mutagen Society Working Group: Dose Setting in In Vivo 
Mutagenicity Assays. Mutagenesis. 7, 313-319 (1992).
    (10) Hayashi, M., Sofuni, T., and Ishidate, Jr., M. An Application 
of Acridine Orange Fluorescent Staining to the Micronucleus Test. 
Mutation Research. 120, 241-247 (1983).
    (11) MacGregor, J.T., Wehr, C.M., and Langlois, R.G. A Simple 
Fluorescent Staining Procedure for Micronuclei and RNA in Erythrocytes 
Using Hoechst 33258 and Pyronin Y. Mutation Research. 120, 269-275 
(1983).
    (12) Romagna, F. and Staniforth, C.D. The automated bone marrow 
micronucleus test. Mutation Research. 213, 91-104 (1989).
    (13) Gollapudi, B. and McFadden, L.G. Sample size for the estimation 
of polychromatic to normochromatic eruthrocyte ratio in the bone marrow 
micronucleus test. Mutation Research. 347, 97-99 (1995).
    (14) Richold, M., Ashby, J., Bootman, J., Chandley, A., Gatehouse, 
D.G., and

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Henderson, L. Ed. Kirkland, D.J. In Vivo Cytogenetics Assays. Basic 
Mutagenicity Tests, UKEMS Recommended Procedures. UKEMS Subcommittee on 
Guidelines for Mutagenicity Testing. Report. Part I revised (Cambridge 
University Press, Cambridge, New York, Port Chester, Melbourne, Sydney, 
1990) pp. 115-141.
    (15) Lovell, D.P., Anderson, D., Albanese, R., Amphlett, G.E., 
Clare, G., Ferguson, R., Richold, M., Papworth, D.G., and Savage, J.R.K. 
Ed. D.J. Kirkland. Statistical Analysis of In Vivo Cytogenetic Assays. 
Statistical Evaluation of Mutagenicity Test Data. UKEMS Sub-Committee on 
Guidelines for Mutagenicity Testing, Report, Part III. (Cambridge 
University Press, Cambridge, New York, Port Chester, Melbourne, Sydney, 
1989) pp. 184-232.
    (16) Heddle, J.A., Salamone, M.F., Hite, M., Kirkhart, B., 
Mavournin, K., MacGregor, J.G., and Newell, G.W. The Induction of 
Micronuclei as a Measure of Genotoxicity. Mutation Research. 123: 61-118 
(1983).
    (17) MacGregor, J.T., Heddle, J.A., Hite, M., Margolin, G.H., Ramel 
C., Salamone, M.F., Tice, R.R., and Wild, D. Guidelines for the Conduct 
of Micronucleus Assays in Mammalian Bone Marrow Erythrocytes. Mutation 
Research. 189: 103-112 (1987).
    (18) MacGregor, J.T., Wehr, C.M., Henika, P.R., and Shelby, M.E. 
(1990). The In Vivo Erythrocyte Micronucleus Test: Measurement at Steady 
State Increases Assay Efficiency and Permits Integration with Toxicity 
Studies. Fundamental Applied Toxicology. 14: 513-522.
    (19) MacGregor, J.T., Schlegel, R. Choy, W.N., and Wehr, C.M. Eds. 
Hayes, A.W., Schnell, R.C., and Miya, T.S. Micronuclei in Circulating 
Erythrocytes: A Rapid Screen for Chromosomal Damage During Routine 
Toxicity Testing in Mice. Developments in Science and Practice of 
Toxicology (Elsevier, Amsterdam, 1983) pp. 555-558.

[62 FR 43824, Aug. 15, 1997, as amended at 64 FR 35079, June 30, 1999]



Sec. 799.9620  TSCA neurotoxicity screening battery.

    (a) Scope. This section is intended to meet the testing requirements 
under section 4 of TSCA. This neurotoxicity screening battery consists 
of a functional observational battery, motor activity, and 
neuropathology. The functional observational battery consists of 
noninvasive procedures designed to detect gross functional deficits in 
animals and to better quantify behavioral or neurological effects 
detected in other studies. The motor activity test uses an automated 
device that measures the level of activity of an individual animal. The 
neuropathological techniques are designed to provide data to detect and 
characterize histopathological changes in the central and peripheral 
nervous system. This battery is designed to be used in conjunction with 
general toxicity studies and changes should be evaluated in the context 
of both the concordance between functional neurological and 
neuropatholgical effects, and with respect to any other toxicological 
effects seen. This test battery is not intended to provide a complete 
evaluation of neurotoxicity, and additional functional and morphological 
evaluation may be necessary to assess completely the neurotoxic 
potential of a chemical.
    (b) Source. The source material used in developing this TSCA test 
guideline is the OPPTS harmonized test guideline 870.6200 (June 1996 
Public Draft). This source is available at the address in paragraph (g) 
of this section.
    (c) Definitions. The following definitions apply to this section.
    ED is effective dose.
    Motor activity is any movement of the experimental animal.
    Neurotoxicity is any adverse effect on the structure or function of 
the nervous system related to exposure to a chemical substance.
    Toxic effect is an adverse change in the structure or function of an 
experimental animal as a result of exposure to a chemical substance.
    (d) Principle of the test method. The test substance is administered 
to several groups of experimental animals, one dose being used per 
group. The animals are observed under carefully standardized conditions 
with sufficient frequency to ensure the detection and quantification of 
behavioral and/or neurologic abnormalities, if present. Various 
functions that could be affected by neurotoxicants are assessed

[[Page 331]]

during each observation period. Measurements of motor activity of 
individual animals are made in an automated device. The animals are 
perfused and tissue samples from the nervous system are prepared for 
microscopic examination. The exposure levels at which significant 
neurotoxic effects are produced are compared to one another and to those 
levels that produce other toxic effects.
    (e) Test procedures--(1) Animal selection--(i) Species. In general, 
the laboratory rat should be used. Under some circumstances, other 
species, such as the mouse or the dog, may be more appropriate, although 
not all of the battery may be adaptable to other species.
    (ii) Age. Young adults (at least 42 days old for rats) shall be 
used.
    (iii) Sex. Both males and females shall be used. Females shall be 
nulliparous and nonpregnant.
    (2) Number of animals. At least 10 males and 10 females should be 
used in each dose and control group for behavioral testing. At least 
five males and five females should be used in each dose and control 
group for terminal neuropathology. If interim neuropathological 
evaluations are planned, the number should be increased by the number of 
animals scheduled to be perfused before the end of the study. Animals 
shall be randomly assigned to treatment and control groups.
    (3) Control groups. (i) A concurrent (vehicle) control group is 
required. Subjects shall be treated in the same way as for an exposure 
group except that administration of the test substance is omitted. If 
the vehicle used has known or potential toxic properties, both untreated 
or saline treated and vehicle control groups are required.
    (ii) Positive control data from the laboratory performing the 
testing shall provide evidence of the ability of the observational 
methods used to detect major neurotoxic endpoints including limb 
weakness or paralysis, tremor, and autonomic signs. Positive control 
data are also required to demonstrate the sensitivity and reliability of 
the activity-measuring device and testing procedures. These data should 
demonstrate the ability to detect chemically induced increases and 
decreases in activity. Positive control groups exhibiting central 
nervous system pathology and peripheral nervous system pathology are 
also required. Separate groups for peripheral and central neuropathology 
are acceptable (e.g. acrylamide and trimethyl tin). Permanently 
injurious substances need not be used for the behavioral tests. 
Historical data may be used if the essential aspects of the experimental 
procedure remain the same. Periodic updating of positive control data is 
recommended. New positive control data should also be collected when 
personnel or some other critical element in the testing laboratory has 
changed.
    (4) Dose level and dose selection. At least three doses shall be 
used in addition to the vehicle control group. The data should be 
sufficient to produce a dose-effect curve. The Agency strongly encourage 
the use of equally spaced doses and a rationale for dose selection that 
will maximally support detection of dose-effect relations. For acute 
studies, dose selection may be made relative to the establishment of a 
benchmark dose (BD). That is, doses may be specified as successive 
fractions, e.g. 0.5, 0.25, ...n of the BD. The BD itself may be 
estimated as the highest nonlethal dose as determined in a preliminary 
range-finding lethality study. A variety of test methodologies may be 
used for this purpose, and the method chosen may influence subsequent 
dose selection. The goal is to use a dose level that is sufficient to be 
judged a limit dose, or clearly toxic.
    (i) Acute studies. The high dose need not be greater than 2 g/kg. 
Otherwise, the high dose should result in significant neurotoxic effects 
or other clearly toxic effects, but not result in an incidence of 
fatalities that would preclude a meaningful evaluation of the data. This 
dose may be estimated by a BD procedure as described under paragraph 
(e)(4) of this section, with the middle and low dose levels chosen as 
fractions of the BD dose. The lowest dose should produce minimal effect, 
e.g. an ED10, or alternatively, no effects.
    (ii) Subchronic and chronic studies. The high dose need not be 
greater than 1 g/kg. Otherwise, the high dose level should result in 
significant neurotoxic

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effects or other clearly toxic effects, but not produce an incidence of 
fatalities that would prevent a meaningful evaluation of the data. The 
middle and low doses should be fractions of the high dose. The lowest 
dose should produce minimal effects, e.g. an ED10, or alternatively, no 
effects.
    (5) Route of exposure. Selection of route may be based on several 
criteria including, the most likely route of human exposure, 
bioavailability, the likelihood of observing effects, practical 
difficulties, and the likelihood of producing nonspecific effects. For 
many materials, it should be recognized that more than one route of 
exposure may be important and that these criteria may conflict with one 
another. Initially only one route is required for screening for 
neurotoxicity. The route that best meets these criteria should be 
selected. Dietary feeding will generally be acceptable for repeated 
exposures studies.
    (6) Combined protocol. The tests described in this screening battery 
may be combined with any other toxicity study, as long as none of the 
requirements of either are violated by the combination.
    (7) Study conduct--(i) Time of testing. All animals shall be weighed 
on each test day and at least weekly during the exposure period.
    (A) Acute studies. At a minimum, for acute studies observations and 
activity testing shall be made before the initiation of exposure, at the 
estimated time of peak effect within 8 hrs of dosing, and at 7 and 14 
days after dosing. Estimation of times of peak effect may be made by 
dosing pairs of rats across a range of doses and making regular 
observations of gait and arousal.
    (B) Subchronic and chronic studies. In a subchronic study, at a 
minimum, observations and activity measurements shall be made before the 
initiation of exposure and before the daily exposure, or for feeding 
studies at the same time of day, during the 4th, 8th, and 13th weeks of 
exposure. In chronic studies, at a minimum, observations and activity 
measurements shall be made before the initiation of exposure and before 
the daily exposure, or for feeding studies at the same time of day, 
every 3 months.
    (ii) Functional observational battery--(A) General conduct. All 
animals in a given study shall be observed carefully by trained 
observers who are unaware of the animals' treatment, using standardized 
procedures to minimize observer variability. Where possible, it is 
advisable that the same observer be used to evaluate the animals in a 
given study. If this is not possible, some demonstration of 
interobserver reliability is required. The animals shall be removed from 
the home cage to a standard arena for observation. Effort should be made 
to ensure that variations in the test conditions are minimal and are not 
systematically related to treatment. Among the variables that can affect 
behavior are sound level, temperature, humidity, lighting, odors, time 
of day, and environmental distractions. Explicit, operationally defined 
scales for each measure of the battery are to be used. The development 
of objective quantitative measures of the observational end-points 
specified is encouraged. Examples of observational procedures using 
defined protocols may be found in the references under paragraphs 
(g)(5), (g)(6), and (g)(9) of this section. The functional observational 
battery shall include a thorough description of the subject's 
appearance, behavior, and functional integrity. This shall be assessed 
through observations in the home cage and while the rat is moving freely 
in an open field, and through manipulative tests. Testing should proceed 
from the least to the most interactive with the subject. Scoring 
criteria, or explicitly defined scales, should be developed for those 
measures which involve subjective ranking.
    (B) List of measures. The functional observational battery shall 
include the following list of measures:
    (1) Assessment of signs of autonomic function, including but not 
limited to:
    (i) Ranking of the degree of lacrimation and salivation, with a 
range of severity scores from none to severe.
    (ii) Presence or absence of piloerection and exophthalmus.
    (iii) Ranking or count of urination and defecation, including 
polyuria and diarrhea. This is most easily conducted during the open 
field assessment.

[[Page 333]]

    (iv) Pupillary function such as constriction of the pupil in 
response to light or a measure of pupil size.
    (v) Degree of palpebral closure, e.g., ptosis.
    (2) Description, incidence, and severity of any convulsions, 
tremors, or abnormal motor movements, both in the home cage and the open 
field.
    (3) Ranking of the subject's reactivity to general stimuli such as 
removal from the cage or handling, with a range of severity scores from 
no reaction to hyperreactivity.
    (4) Ranking of the subject's general level of activity during 
observations of the unperturbed subject in the open field, with a range 
of severity scores from unresponsive to hyperactive.
    (5) Descriptions and incidence of posture and gait abnormalities 
observed in the home cage and open field.
    (6) Ranking of any gait abnormalities, with a range of severity 
scores from none to severe.
    (7) Forelimb and hindlimb grip strength measured using an objective 
procedure (the procedure described in the reference under paragraph 
(g)(8) of this section may be used).
    (8) Quantitative measure of landing foot splay (the procedure 
described in the reference under paragraph (g)(3) of this section may be 
used).
    (9) Sensorimotor responses to stimuli of different modalities will 
be used to detect gross sensory deficits. Pain perception may be 
assessed by a ranking or measure of the reaction to a tail-pinch, tail-
flick, or hot-plate. The response to a sudden sound, e.g., click or 
snap, may be used to assess audition.
    (10) Body weight.
    (11) Description and incidence of any unusual or abnormal behaviors, 
excessive or repetitive actions (stereotypies), emaciation, dehydration, 
hypotonia or hypertonia, altered fur appearance, red or crusty deposits 
around the eyes, nose, or mouth, and any other observations that may 
facilitate interpretation of the data.
    (C) Additional measures. Other measures may also be included and the 
development and validation of new tests is encouraged. Further 
information on the neurobehavioral integrity of the subject may be 
provided by:
    (1) Count of rearing activity on the open field.
    (2) Ranking of righting ability.
    (3) Body temperature.
    (4) Excessive or spontaneous vocalizations.
    (5) Alterations in rate and ease of respiration, e.g., rales or 
dyspnea.
    (6) Sensorimotor responses to visual or proprioceptive stimuli.
    (iii) Motor activity. Motor activity shall be monitored by an 
automated activity recording apparatus. The device used must be capable 
of detecting both increases and decreases in activity, i.e., baseline 
activity as measured by the device must not be so low as to preclude 
detection of decreases nor so high as to preclude detection of increases 
in activity. Each device shall be tested by standard procedures to 
ensure, to the extent possible, reliability of operation across devices 
and across days for any one device. In addition, treatment groups must 
be balanced across devices. Each animal shall be tested individually. 
The test session shall be long enough for motor activity to approach 
asymptotic levels by the last 20% of the session for nontreated control 
animals. All sessions shall have the same duration. Treatment groups 
shall be counterbalanced across test times. Effort should be made to 
ensure that variations in the test conditions are minimal and are not 
systematically related to treatment. Among the variables which can 
affect motor activity are sound level, size and shape of the test cage, 
temperature, relative humidity, lighting conditions, odors, use of the 
home cage or a novel test cage, and environmental distractions.
    (iv) Neuropathology: Collection, processing and examination of 
tissue samples. To provide for adequate sampling as well as optimal 
preservation of cellular integrity for the detection of 
neuropathological alterations, tissue shall be prepared for histological 
analysis using in situ perfusion and paraffin and/or plastic embedding 
procedures. Paraffin embedding is acceptable for tissue samples from the 
central nervous system. Plastic embedding of tissue samples from the 
central nervous system is encouraged, when feasible. Plastic embedding 
is required for tissue samples from the peripheral

[[Page 334]]

nervous system. Subject to professional judgment and the type of 
neuropathological alterations observed, it is recommended that 
additional methods, such as glial fibrillary acidic protein (GFAP) 
immunohistochemistry and/or methods known as Bodian's or Bielchowsky's 
silver methods be used in conjunction with more standard stains to 
determine the lowest dose level at which neuropathological alterations 
are observed. When new or existing data provide evidence of structural 
alterations it is recommended that the GFAP immunoassay also be 
considered. A description of this technique can be found in the 
reference under paragraph (g)(10) of this section.
    (A) Fixation and processing of tissue. The nervous system shall be 
fixed by in situ perfusion with an appropriate aldehyde fixative. Any 
gross abnormalities should be noted. Tissue samples taken should 
adequately represent all major regions of the nervous system. The tissue 
samples should be postfixed and processed according to standardized 
published histological protocols (protocols described in the references 
under paragraphs (g)(1), (g)(2), or (g)(11) of this section may be 
used). Tissue blocks and slides should be appropriately identified when 
stored. Histological sections should be stained for hematoxylin and 
eosin (H&E), or a comparable stain according to standard published 
protocols (some of these protocols are described in the references under 
paragraphs (g)(1) and (g)(11) of this section).
    (B) Qualitative examination. Representative histological sections 
from the tissue samples should be examined microscopically by an 
appropriately trained pathologist for evidence of neuropathological 
alterations. The nervous system shall be thoroughly examined for 
evidence of any treatment-related neuropathological alterations. 
Particular attention should be paid to regions known to be sensitive to 
neurotoxic insult or those regions likely to be affected based on the 
results of functional tests. Such treatment-related neuropathological 
alterations should be clearly distinguished from artifacts resulting 
from influences other than exposure to the test substance. A stepwise 
examination of tissue samples is recommended. In such a stepwise 
examination, sections from the high dose group are first compared with 
those of the control group. If no neuropathological alterations are 
observed in samples from the high dose group, subsequent analysis is not 
required. If neuropathological alterations are observed in samples from 
the high dose group, samples from the intermediate and low dose groups 
are then examined sequentially.
    (C) Subjective diagnosis. If any evidence of neuropathological 
alterations is found in the qualitative examination, then a subjective 
diagnosis shall be performed for the purpose of evaluating dose-response 
relationships. All regions of the nervous system exhibiting any evidence 
of neuropathological changes should be included in this analysis. 
Sections from all dose groups from each region will be coded and 
examined in randomized order without knowledge of the code. The 
frequency of each type and severity of each lesion will be recorded. 
After all samples from all dose groups including all regions have been 
rated, the code will be broken and statistical analysis performed to 
evaluate dose-response relationships. For each type of dose-related 
lesion observed, examples of different degrees of severity should be 
described. Photomicrographs of typical examples of treatment-related 
regions are recommended to augment these descriptions. These examples 
will also serve to illustrate a rating scale, such as 1=, 2=, and 3= for 
the degree of severity ranging from very slight to very extensive.
    (f) Data reporting and evaluation. The final test report shall 
include the following information:
    (1) Description of equipment and test methods. A description of the 
general design of the experiment and any equipment used shall be 
provided. This shall include a short justification explaining any 
decisions involving professional judgment.
    (i) A detailed description of the procedures used to standardize 
observations, including the arena and scoring criteria.
    (ii) Positive control data from the laboratory performing the test 
that

[[Page 335]]

demonstrate the sensitivity of the procedures being used. Historical 
data may be used if all essential aspects of the experimental protocol 
are the same. Historical control data can be critical in the 
interpretation of study findings. The Agency encourages submission of 
such data to facilitate the rapid and complete review of the 
significance of effects seen.
    (2) Results. The following information shall be arranged by test 
group dose level.
    (i) In tabular form, data for each animal shall be provided showing:
    (A) Its identification number.
    (B) Its body weight and score on each sign at each observation time, 
the time and cause of death (if appropriate), total session activity 
counts, and intrasession subtotals for each day measured.
    (ii) Summary data for each group must include:
    (A) The number of animals at the start of the test.
    (B) The number of animals showing each observation score at each 
observation time.
    (C) The mean and standard deviation for each continuous endpoint at 
each observation time.
    (D) Results of statistical analyses for each measure, where 
appropriate.
    (iii) All neuropathological observations shall be recorded and 
arranged by test groups. This data may be presented in the following 
recommended format:
    (A) Description of lesions for each animal. For each animal, data 
must be submitted showing its identification (animal number, sex, 
treatment, dose, and duration), a list of structures examined as well as 
the locations, nature, frequency, and severity of lesions. Inclusion of 
photomicrographs is strongly recommended for demonstrating typical 
examples of the type and severity of the neuropathological alterations 
observed. Any diagnoses derived from neurological signs and lesions 
including naturally occurring diseases or conditions, should be 
recorded.
    (B) Counts and incidence of neuropathological alterations by test 
group. Data should be tabulated to show:
    (1) The number of animals used in each group and the number of 
animals in which any lesion was found.
    (2) The number of animals affected by each different type of lesion, 
the locations, frequency, and average grade of each type of lesion.
    (3) Evaluation of data. The findings from the screening battery 
should be evaluated in the context of preceding and/or concurrent 
toxicity studies and any correlated functional and histopathological 
findings. The evaluation shall include the relationship between the 
doses of the test substance and the presence or absence, incidence and 
severity, of any neurotoxic effects. The evaluation shall include 
appropriate statistical analyses, for example, parametric tests for 
continuous data and nonparametric tests for the remainder. Choice of 
analyses should consider tests appropriate to the experimental design, 
including repeated measures. There may be many acceptable ways to 
analyze data.
    (g) References. For additional background information on this test 
guideline, the following references should be consulted. These 
references are available for inspection at the TSCA Nonconfidential 
Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 
St., SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 
except legal holidays.
    (1) Bennet, H.S. et al. Science and art in the preparing tissues 
embedded in plastic for light microscopy, with special reference to 
glycol methacrylate, glass knives and simple stains. Stain Technology. 
51:71-97 (1976).
    (2) Di Sant Agnese, P.A. and De Mesy Jensen, K. Dibasic staining of 
large epoxy sections and application to surgical pathology. American 
Journal of Clinical Pathology. 81:25-29 (1984).
    (3) Edwards, P.M. and Parker, V.H. A simple, sensitive and objective 
method for early assessment of acrylamide neuropathy in rats. Toxicology 
and Applied Pharmacology. 40:589-591 (1977).
    (4) Finger, F.W. Ed. Myers, R.D. Measuring Behavioral Activity. Vol. 
2. Methods in Psychobiology (Academic, NY, 1972) pp.1-19.
    (5) Gad, S. A neuromuscular screen for use in industrial toxicology. 
Journal

[[Page 336]]

of Toxicology and Environmental Health. 9:691-704 (1982).
    (6) Irwin, S. Comprehensive observational assessment: Ia. A 
systematic quantitative procedure for assessing the behavioral 
physiological state of the mouse. Psychopharmacologia. 13:222-257 
(1968).
    (7) Kinnard, E.J. and Watzman, N. Techniques utilized in the 
evaluation of psychotropic drugs on animals activity. Journal of 
Pharmaceutical Sciences. 55:995-1012 (1966).
    (8) Meyer, O.A. et al. A method for the routine assessment of fore- 
and hindlimb grip strength of rats and mice. Neurobehavioral Toxicology. 
1:233-236 (1979).
    (9) Moser V.C. et al. Comparison of chlordimeform and carbaryl using 
a functional observational battery. Fundamental and Applied Toxicology. 
11:189-206 (1988).
    (10) O'Callaghan, J.P. Quantification of glial fibrillary acidic 
protein: Comparison of slot-immunobinding assays with a novel sandwich 
ELISA. Neurotoxicology and Teratology. 13:275-281 (1991).
    (11) Pender, M.P. A simple method for high resolution light 
microscopy of nervous tissue. Journal of Neuroscience Methods. 15:213-
218 (1985).
    (12) Reiter, L.W. Use of activity measures in behavioral toxicology. 
Environmental Health Perspectives. 26:9-20 (1978).
    (13) Reiter, L.W. and MacPhail, R.C. Motor activity: A survey of 
methods with potential use in toxicity testing. Neurobehavorial 
Toxicology. 1--Supplement. 1:53-66 (1979).
    (14) Robbins, T.W. Eds. Iversen, L.L., Iverson, D.S., and Snyder, 
S.H. A critique of the methods available for the measurement of 
spontaneous motor activity. Vol 7. Handbook of Psychopharmacology 
(Plenum, NY, 1977) pp. 37-82.

[62 FR 43824, Aug. 15, 1997, as amended at 64 FR 35080, June 30, 1999]



Sec. 799.9780  TSCA immunotoxicity.

    (a) Scope. This section is intended to meet the testing requirements 
under section 4 of TSCA. This section is intended to provide information 
on suppression of the immune system which might occur as a result of 
repeated exposure to a test chemical. While some information on 
potential immunotoxic effects may be obtained from hematology, lymphoid 
organ weights and histopathology (usually done as part of routine 
toxicity testing), there are data which demonstrate that these endpoints 
alone are not sufficient to predict immunotoxicity (Luster et al., 1992, 
1993 see paragraphs (j)(8) and (j)(9) of this section). Therefore, the 
tests described in this section are intended to be used along with data 
from routine toxicity testing, to provide more accurate information on 
risk to the immune system. The tests in this section do not represent a 
comprehensive assessment of immune function.
    (b) Source. The source material used in developing this TSCA test 
guideline is the OPPTS harmonized test guideline 870.7800 (June 1996 
Public Draft). This source is available at the address in paragraph (j) 
of this section.
    (c) Definitions. The following definitions apply to this section.
    Antibodies or immunoglobulins (Ig) are part of a large family of 
glycoprotein molecules. They are produced by B cells in response to 
antigens, and bind specifically to the eliciting antigen. The different 
classes of immunoglobulins involved in immunity are IgG, IgA, IgM, IgD, 
and IgE. Antibodies are found in extracellular fluids, such as serum, 
saliva, milk, and lymph. Most antibody responses are T cell-dependent, 
that is, functional T and B lymphocytes, as well as antigen-presenting 
cells (usually macrophages), are required for the production of 
antibodies.
    Cluster of differentiation (CD) refers to molecules expressed on the 
cell surface. These molecules are useful as distinct CD molecules are 
found on different populations of cells of the immune system. Antibodies 
against these cell surface markers (e.g., CD4, CD8) are used to identify 
and quantitate different cell populations.
    Immunotoxicity refers to the ability of a test substance to suppress 
immune responses that could enhance the risk of infectious or neoplastic 
disease, or to induce inappropriate stimulation of the immune system, 
thus contributing to allergic or autoimmune disease.

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This section only addresses potential immune suppression.
    Natural Killer (NK) cells are large granular lymphocytes which 
nonspecifically lyse cells bearing tumor or viral antigens. NK cells are 
up-regulated soon after infection by certain microorganisms, and are 
thought to represent the first line of defense against viruses and 
tumors.
    T and B cells are lymphocytes which are activated in response to 
specific antigens (foreign substances, usually proteins). B cells 
produce antigen-specific antibodies (see the definition for ``antibodies 
or immunoglobulins''), and subpopulations of T cells are frequently 
needed to provide help for the antibody response. Other types of T cell 
participate in the direct destruction of cells expressing specific 
foreign (tumor or infectious agent) antigens on the cell surface.
    (d) Principles of the test methods. (1) In order to obtain data on 
the functional responsiveness of major components of the immune system 
to a T cell dependent antigen, sheep red blood cells (SRBC), rats and/or 
mice\1\ shall be exposed to the test and control substances for at least 
28 days.\2\ The animals shall be immunized by intravenous or 
intraperitoneal injection of SRBCs approximately 4 days (depending on 
the strain of animal) prior to the end of the exposure. At the end of 
the exposure period, either the plaque forming cell (PFC) assay or an 
enzyme linked immunosorbent assay (ELISA) shall be performed to 
determine the effects of the test substance on the splenic anti-SRBC 
(IgM) response or serum anti-SRBC IgM levels, respectively.
---------------------------------------------------------------------------

    \1\ If absorption/distribution/metabolism/excretion (ADME) data are 
similar between species, then either rats or mice may be used for the 
test compound in question. If such data are lacking, both species should 
be used.
    \2\ Because there is a fairly rapid turnover of many of the cells in 
the immune system, 28 days is considered sufficient for the purposes of 
the anti-SRBC tests.
---------------------------------------------------------------------------

    (2) In the event the test substance produces significant suppression 
of the anti-SRBC response, expression of phenotypic markers for major 
lymphocyte populations (total T and total B), and T cell subpopulations 
(T helpers (CD4) and T cytotoxic/suppressors 
(CD8)), as assessed by flow cytometry, may be performed to 
determine the effects of the test substance on either splenic or 
peripheral-blood lymphocyte populations and T cell subpopulations. When 
this study is performed, the appropriate monoclonal antibodies for the 
species being tested should be used. If the test substance has no 
significant effect on the anti-SRBC assay, a functional test for NK 
cells may be performed to test for a chemical's effect on non-specific 
immunity.\3\ For tests performed using cells or sera from blood (ELISA 
or flow cytometry), it is not necessary to destroy the animals, since 
immunization with SRBCs at 28 days is not expected to markedly affect 
the results of other assays included in subchronic or longer-term 
studies (these tests are discussed in the reference under paragraph 
(j)(7) of this section). The necessity to perform either a quantitative 
analysis of the effects of a chemical on the numbers of cells in major 
lymphocyte populations and T Cell subpopulations by flow cytometry, or a 
splenic NK cell activity assay to assess the effects of the test 
compound on non-specific immunity shall be determined on a case-by-case 
basis, depending upon the outcome of the anti-SRBC assay.
---------------------------------------------------------------------------

    \3\ When these optional tests are included, the phenotypic or NK 
cell analyses may be performed at 28 days of exposure, or at a later 
timepoint if ADME data suggest that a longer exposure is more 
appropriate.
---------------------------------------------------------------------------

    (e) Limit test. If a test at one dose level of at least 1,000 mg/kg 
body weight (or 2 mg/L for inhalation route of exposure) using the 
procedures described for this study produces no observable toxic effects 
or if toxic effects would not be expected based upon data of 
structurally related compounds, then a full study using three dose 
levels might not be necessary. Expected human exposure may indicate the 
need for a higher dose level.
    (f) Test procedures--(1) Animal selection--(i) Species and strain. 
These tests are intended for use in rats and/or mice. Commonly used 
laboratory

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strains shall be employed.\4\ All test animals shall be free of 
pathogens, internal and external parasites. Females shall be nulliparous 
and nonpregnant. The species, strain, and source of the animals shall be 
identified.
---------------------------------------------------------------------------

    \4\ The study director shall be aware of strain differences in 
response to SRBC. For example, if the 
B6C3F1 hybrid mouse is used in the PFC 
assay, a response of 800-1,000 PFC/106 spleen cells in 
control mice should be the minimally acceptable PFC response.
---------------------------------------------------------------------------

    (ii) Age/weight. (A) Young, healthy animals shall be employed. At 
the commencement of the study, the weight variation of the animals used 
shall not exceed  20% of the mean weight for each sex.
    (B) Dosing shall begin when the test animals are between 6 and 8 
weeks old.
    (iii) Sex. Either sex may be used in the study; if one sex is known 
or believed to be more sensitive to the test compound, then that sex 
shall be used.
    (iv) Numbers. (A) At least eight animals shall be included in each 
dose and control group. The number of animals tested shall yield 
sufficient statistical power to detect a 20% change based upon the 
interanimal variation which may be encountered in these assays.
    (B) To avoid bias, the use of adequate randomization procedures for 
the proper allocation of animals to test and control groups is required.
    (C) Each animal shall be assigned a unique identification number. 
Dead animals, their preserved organs and tissues, and microscopic slides 
shall be identified by reference to the animal's unique number.
    (v) Husbandry. (A) Animals may be group-caged by sex, but the number 
of animals per cage shall not interfere with clear observation of each 
animal. The biological properties of the test substance or toxic effects 
(e.g., morbidity, excitability) may indicate a need for individual 
caging.
    (B) The temperature of the experimental animal rooms shall be at 22 
 3  deg.C.
    (C) The relative humidity of the experimental animal rooms shall be 
between 30 and 70%.
    (D) Where lighting is artificial, the sequence shall be 12 hrs 
light, 12 hrs dark.
    (E) Control and test animals shall be maintained on the same type of 
bedding and receive feed from the same lot. The feed shall be analyzed 
to assure adequacy of nutritional requirements of the species tested and 
for impurities that might influence the outcome of the test. Rodents 
shall be fed and watered ad libitum with food replaced at least weekly.
    (F) The study shall not be initiated until the animals have been 
allowed an adequate period of acclimatization or quarantine to 
environmental conditions. The period of acclimatization shall be at 
least 1 week in duration.
    (2) Control and test substances. (i) The test substance shall be 
dissolved or suspended in a suitable vehicle. Ideally, if a vehicle or 
diluent is needed, it shall not elicit toxic effects or substantially 
alter the chemical or toxicological properties of the test substance. It 
is recommended that an aqueous solution should be used. If solubility is 
a problem a solution in oil may be used. Other vehicles may be 
considered, but only as a last resort.
    (ii) One lot of the test substance shall be used, if possible, 
throughout the duration of the study, and the research sample shall be 
stored under conditions that maintain its purity and stability. Prior to 
the initiation of the study, there shall be a characterization of the 
test substance, including the purity of the test compound and if 
technically feasible, the name and quantities of any known contaminants 
and impurities.
    (iii) If the test or positive control substance is to be 
incorporated into feed or another vehicle, the period during which the 
test substance is stable in such a mixture shall be determined prior to 
the initiation of the study. Its homogeneity and concentration shall 
also be determined prior to the initiation of the study and periodically 
during the study. Statistically randomized samples of the mixture shall 
be analyzed to ensure that proper mixing, formulation, and storage 
procedures are being followed, and that the appropriate concentration of 
the test or control substance is contained in the mixture.

[[Page 339]]

    (3) Control groups. (i) A concurrent, vehicle-treated control group 
is required.
    (ii) A separate untreated control group is required if the toxicity 
of the vehicle is unknown.
    (iii) A positive control group with a known immunosuppressant (e.g., 
cyclophosphamide) shall be included in the study. A group of at least 
eight animals shall be given the immunosuppressive chemical.
    (4) Dose levels. (i) In repeated-dose toxicity tests, it is 
desirable to have a dose-response relationship and a no observed 
immunotoxic effect level. Therefore, at least three dose levels and a 
negative control shall be used, unless a limit test is performed as 
specified under paragraph (e) of this section.
    (ii) The highest dose level shall not produce significant stress, 
malnutrition, or fatalities, but ideally should produce some measurable 
sign of general toxicity (e.g., a 10% loss of body weight).
    (iii) The lowest dose level ideally shall not produce any evidence 
of immunotoxicity.
    (5) Administration of the test substance. (i) The test substance, 
vehicle, or positive control substance shall be administered for at 
least 28 days for the anti-SRBC assay. The route of administration of 
the test material will usually be oral; however, this shall be 
determined by the likely route of occupational or indoor exposure. 
Therefore, under certain conditions, the dermal or inhalation route of 
exposure may be more relevant for the study. All animals shall be dosed 
by the same method during the entire experimental period.
    (ii) If the test substance is administered by gavage, the animals 
are dosed with the test substance ideally on a 7-days-per-week basis. 
However, based primarily on practical considerations, dosing by gavage 
on a 5-days-per-week basis shall be acceptable. If the test substance is 
administered in the drinking water, or mixed directly into the diet, 
then exposure shall be on a 7-days-per-week basis.
    (A) For substances of low toxicity, it is important to ensure that 
when administered in the diet, the quantities of the test substance 
involved do not interfere with normal nutrition. When the test substance 
is administered in the diet, either a constant dietary concentration in 
parts per million (ppm) or a constant dose level in terms of the 
animal's body weight shall be used; the alternative used should be 
specified.
    (B) For a substance administered by gavage, the dose shall be given 
at approximately the same time each day, and adjusted at intervals 
(weekly for mice, twice per week for rats) to maintain a constant dose 
level in terms of the animal's body weight.
    (iii) If the test substance is administered dermally, use paragraphs 
(f)(5)(iii)(A) through (f)(5)(iii)(D) of this section.
    (A) Dose levels and dose selection. (1) In this test, it is 
desirable to determine a dose-response relationship as well as a NOEL. 
Therefore, at least three dose levels plus a control and, where 
appropriate, a vehicle control (corresponding to the concentration of 
vehicle at the highest dose level) group should be used. Doses should be 
spaced appropriately to produce test groups with a range of toxic 
effects. The data should be sufficient to produce a dose-response curve.
    (2) The highest dose level should elicit signs of toxicity but not 
produce severe skin irritation or an incidence of fatality which would 
prevent a meaningful evaluation. If application of the test substance 
produces severe skin irritation, the concentration may be reduced, 
although this may result in a reduction in, or absence of, other toxic 
effects at the high dose level. If the skin has been badly damaged early 
in the study, it may be necessary to terminate the study and undertake a 
new one at lower concentrations.
    (3) The intermediate dose levels should be spaced to produce a 
gradation of toxic effects.
    (4) The lowest dose level should not produce any evidence of toxic 
effects.
    (B) Preparation of animal skin. Shortly before testing, fur should 
be clipped from not less than 10% of the body surface area for 
application of the test substance. In order to dose approximately 10% of 
the body surface, the area starting at the scapulae (shoulders) to the 
wing of the ileum (hipbone) and half-way down the flank on each

[[Page 340]]

side of the animal should be shaved. Shaving should be carried out 
approximately 24 hrs before dosing. Repeated clipping or shaving is 
usually needed at approximately weekly intervals. When clipping or 
shaving the fur, care should be taken to avoid abrading the skin which 
could alter its permeability.
    (C) Preparation of test substance. (1) Liquid test substances are 
generally used undiluted, except as indicated in paragraph 
(f)(5)(iii)(A)(2) of this section.
    (2) Solids should be pulverized when possible. The substance should 
be moistened sufficiently with water or, when necessary, a suitable 
vehicle to ensure good contact with the skin. When a vehicle is used, 
the influence of the vehicle on toxicity of, and penetration of the skin 
by, the test substance should be taken into account.
    (3) The volume of application should be kept constant, e.g. less 
than 300 greek-mL for the rat; different concentrations of 
test solution should be prepared for different dose levels.
    (D) Administration of test substance. (1) The duration of exposure 
should be at least for 90 days.
    (2) The animals should be treated with test substance for at least 6 
hrs/day on a 7-day per week basis. However, based on practical 
considerations, application on a 5-day per week basis is acceptable. 
Dosing should be conducted at approximately the same time each day.
    (3) The test substance should be applied uniformly over the 
treatment site.
    (4) The surface area covered may be less for highly toxic 
substances. As much of the area should be covered with as thin and 
uniform a film as possible.
    (5) During the exposure period, the test substance should be held in 
contact with the skin with a porous gauze dressing. The test site should 
be further covered with nonirritating tape to retain the gauze dressing 
and the test substance and to ensure that the animals cannot ingest the 
test substance. Restrainers may be used to prevent the ingestion of the 
test substance, but complete immobilization is not recommended.
    (iv) If the test substance is administered by the inhalation route, 
use the procedures under paragraphs (e)(2), (e)(3), (e)(6), (e)(8), 
(e)(9), and (e)(10) of 40 CFR 799.9346. The exposure time for the anti-
SRBC test shall be at least 28 days.
    (6) Observation period. Duration of the observation period shall be 
at least 28 days.
    (7) Observation of animals. (i) Observations shall be made at least 
once each day for morbidity and mortality. Appropriate actions shall be 
taken to minimize loss of animals to the study (e.g., necropsy of those 
animals found dead and isolation or euthanasia of weak or moribund 
animals).
    (ii) A careful clinical examination shall be made at least once a 
week. Observations shall be detailed and carefully recorded, preferably 
using explicitly defined scales. Observations shall include, but not be 
limited to: evaluation of skin and fur, eyes and mucous membranes; 
respiratory and circulatory effects; autonomic effects, such as 
salivation; central nervous system effects, including tremors and 
convulsions, changes in the level of motor activity, gait and posture, 
reactivity to handling or sensory stimuli, grip strength, and 
stereotypes or bizarre behavior (e.g., self-mutilation, walking 
backwards).
    (iii) Signs of toxicity shall be recorded as they are observed, 
including the time of onset, degree and duration.
    (iv) Food and water consumption shall be determined weekly.
    (v) Animals shall be weighed immediately prior to dosing, weekly 
(twice per week for rats) thereafter, and just prior to euthanasia.
    (vi) Any moribund animals shall be removed and euthanized when first 
noticed. Necropsies shall be conducted on all moribund animals, and on 
all animals that die during the study.
    (vii) The spleen and thymus shall be weighed in all animals at the 
end of the study.
    (g) Immunotoxicity tests--(1) Functional tests. Either a splenic PFC 
assay or an ELISA shall be used to determine the response to antigen 
administration.

[[Page 341]]

    (i) Antibody plaque-forming cell (PFC) assay. If the antibody PFC 
assay is performed, the criteria listed under paragraphs (g)(1)(i)(A) 
through (g)(1)(i)(F) of this section shall be adhered to. Assays 
described in the references under paragraphs (j)(2) and (j)(4) of this 
section may be used.
    (A) The T cell-dependent antigen, SRBC, shall be injected 
intravenously or intraperitoneally, usually at 24 days after the first 
dosing with the test substance.\5\ Although the optimum response time is 
usually 4 days after immunization, some strains of test animal may 
deviate from this time point. The strain to be used shall be evaluated 
for the optimum day for PFC formation after immunization.
---------------------------------------------------------------------------

    \5\ If the SRBCs are administered by the intraperitoneal route, the 
study director should be aware that a low percentage of animals may not 
respond because the antigen was accidentally injected into the 
intestinal tract.
---------------------------------------------------------------------------

    (B) The activity of each new batch of complement shall be 
determined. For any given study, the SRBCs shall be from a single sheep, 
or pool of sheep, for which the shelf life and dose for optimum response 
has been determined.
    (C) Modifications of the PFC assay described in paragraph (g)(1)(i) 
of this section exist and may prove useful; however, the complete 
citation shall be made for the method used, any modifications to the 
method shall be reported, and the source and, where appropriate, the 
activity or purity of important reagents shall be given. Justification 
or rationale shall be provided for each protocol modification. 
Discussions of modifications of the PFC assay are available in the 
references under paragraphs (j)(5),(j)(6), and (j)(10) of this section
    (D) Samples shall be randomized and shall be coded for PFC analysis, 
so that the analyst is unaware of the treatment group of each sample 
examined.
    (E) Spleen cell viability shall be determined.
    (F) The numbers of IgM PFC per spleen, and the number of IgM PFC per 
106 spleen cells shall be reported.
    (ii) Immunoglobulin quantification. As an alternative to a PFC 
assay, the effects of the test substance on the antibody response to 
antigen may be determined by an Enzyme-Linked Immunosorbent Assay 
(ELISA). Comparison between the PFC and ELISA assays for immunotoxicity 
assessment are discussed in the references under paragraphs (j)(5), 
(j)(6), and (j)(10) of this section. Test animals shall be immunized 
with SRBCs as for the PFC assay. IgM titers in the serum of each test 
animal shall be determined (usually 4 days after immunization). As with 
the PFC assay, the optimum dose of SRBCs and optimum time for collection 
of the sera shall be determined for the species and strain of animal to 
be tested. Several methods are described in the reference under 
paragraph (j)(11) of this section).
    (iii) Natural killer (NK) cell activity. The methods described in 
the reference under paragraph (j)(3) of this section may be used to 
demonstrate the effects of at least 28 days of exposure to a test 
substance on spontaneous cytotoxic activity. In this assay, splenocytes 
from treated and untreated test animals are incubated with 
51Cr-labeled YAC-1 lymphoma cells. The amount of radiolabel 
released from the target cells after incubation with the effector cells 
for four hrs is used as a measure of NK cytolysis. The following points 
shall be adhered to when using the NK cell assay:
    (A) Assay controls shall be included to account for spontaneous 
release of radiolabel from target cells in the absence of effector 
cells, and also for the determination of total release of radiolabel.
    (B) Target cells other than YAC-1 lymphoma cells may be appropriate 
for use in the assay. In all cases, target cell viability shall be 
determined.
    (C) Modifications of the protocol exist that may prove useful. 
However, complete citation shall be made to the method used. 
Modifications shall be reported, and where appropriate, the source, 
activity, and/or purity of the reagents should be given. Justification 
or rationale shall be provided for each protocol modification.
    (2) Enumeration of splenic or peripheral blood total B cells, total 
T cells, and T cell subpopulations. The phenotypic analysis of total B 
cell, total T cell, and T cell subpopulations from the spleen or 
peripheral blood by flow cytometry

[[Page 342]]

should be performed after at least 28 days of dosing; this may be 
performed at a later timepoint, if ADME data suggest that a longer 
exposure is more appropriate. If an exposure period longer than 28 days 
is used, then these tests may be performed in conjunction with 
subchronic (ninety day oral, dermal, or inhalation) toxicity studies, 
when these studies are required. Methods described in the references 
under paragraphs (j)(1) and (j)(5) of this section may be used.
    (h) Data and reporting--(1) Treatment of results--(i) Data shall be 
summarized in tabular form, showing for each test group the number of 
animals at the start of the test, the number of animals showing effects, 
the types of effects and the percentage of animals displaying each type 
of effect.
    (ii) All observed results, quantitative and incidental, shall be 
evaluated by an appropriate statistical method. Any generally accepted 
statistical methods may be used; the statistical methods including 
significance criteria shall be selected during the design of the study.
    (2) Evaluation of study results. The findings of an immunotoxicity 
study shall be evaluated in conjunction with the findings of preceding 
studies and considered in terms of other toxic effects. The evaluation 
shall include the relationship between the dose of the test substance 
and the presence or absence, and the incidence and severity of 
abnormalities, including behavioral and clinical abnormalities, gross 
lesions, identified target organs, body weight changes, effects on 
mortality and any other general or specific toxic effects. A properly 
conducted test shall provide a satisfactory estimation of a no-observed-
effect level. It may indicate the need for an additional study and 
provide information on the selection of dose levels.
    (3) Test report. In addition to the reporting requirements as 
specified under 40 CFR part 792, subpart J, the following specific 
information shall be reported. Both individual and summary data should 
be presented.
    (i) The test substance characterization shall include:
    (A) Chemical identification.
    (B) Lot or batch number.
    (C) Physical properties.
    (D) Purity/impurities.
    (E) Identification and composition of any vehicle used.
    (ii) The test system shall contain data on:
    (A) Species, strain, and rationale for selection of animal species, 
if other than that recommended.
    (B) Age, body weight data, and sex.
    (C) Test environment including cage conditions, ambient temperature, 
humidity, and light/dark periods.
    (D) When inhalation is the route of exposure, a description of the 
exposure equipment and data shall be included as follows:
    (1) Description of test conditions; the following exposure 
conditions shall be reported:
    (i) Description of exposure apparatus including design, type, 
volume, source of air, system for generating aerosols, method of 
conditioning air, treatment of exhaust air and the method of housing the 
animals in a test chamber.
    (ii) The equipment for measuring temperature, humidity, and 
particulate aerosol concentrations and size should be described.
    (2) Exposure data shall be tabulated and presented with mean values 
and a measure of variability (e.g., standard deviation) and include:
    (i) Airflow rates through the inhalation equipment.
    (ii) Temperature and humidity of air.
    (iii) Actual (analytical or gravimetric) concentration in the 
breathing zone.
    (iv) Nominal concentration (total amount of test substance fed into 
the inhalation equipment divided by volume of air).
    (v) Particle size distribution, calculated mass median aerodynamic 
diameter (MMAD) and geometric standard deviation (GSD).
    (vi) Explanation as to why the desired chamber concentration and/or 
particle size could not be achieved (if applicable) and the efforts 
taken to comply with this aspect of the section.
    (E) Identification of animal diet.
    (iii) The test procedure shall include the following data:
    (A) Method of randomization used.
    (B) Full description of experimental design and procedure.

[[Page 343]]

    (C) Dose regimen including levels, methods, and volume.
    (iv) Test results should include the following data:
    (A) Group animal toxic response data shall be tabulated by species, 
strain, sex, and exposure level for:
    (1) Number of animals exposed.
    (2) Number of animals showing signs of toxicity.
    (3) Number of animals dying.
    (B) Individual animal data shall be presented, as well as summary 
(group mean data).
    (C) Date of death during the study or whether animals survived to 
termination.
    (D) Date of observation of each abnormal sign and its subsequent 
course.
    (E) Absolute and relative spleen and thymus weight data.
    (F) Feed and water consumption data, when collected.
    (G) Results of immunotoxicity tests.
    (H) Necropsy findings of animals that were found moribund and 
euthanized or died during the study.
    (I) Statistical treatment of results, where appropriate.
    (i) Quality control. A system shall be developed and maintained to 
assure and document adequate performance of laboratory staff and 
equipment. The study shall be conducted in compliance with the 40 CFR 
Part 792--Good Laboratory Practice.
    (j) References. For additional background information on this test 
guideline, the following references should be consulted. These 
references are available for inspection at the TSCA Nonconfidential 
Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 
St., SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 
except legal holidays.
    (1) Cornacoff, J.B., Graham, C.S., and LaBrie, T.K. Eds. Burleson, 
G.R., Dean, J.H., and Munson, A.E. Phenotypic identification of 
peripheral blood mononuclear leukocytes by flow cytometry as an adjunct 
to immunotoxicity evaluation. Vol. 1. Methods in Immunotoxicology 
(Wiley-Liss, Inc., New York, 1995) pp. 211-226.
    (2) Cunningham, A.J. A method of increased sensitivity for detecting 
single antibody-forming cells. Nature. 207:1106-1107 (1965).
    (3) Djeu, Julie Y. Eds. Burleson, G.R., Dean, J.H., and Munson, A.E. 
Natural Killer Activity. Methods in Immunotoxicology. pp. 437-449 
(1995).
    (4) Holsapple, M.P. Eds. Burleson, G.R., Dean, J.H., and Munson, 
A.E. The plaque-forming cell (PFC) response in Immunotoxicology: An 
approach to monitoring the primary effector function of B lymphocytes. 
Vol. 1. Methods in Immunotoxicology (Wiley-Liss, Inc., New York, 1995) 
pp. 71-108.
    (5) Ladics, G.S. and Loveless, S.E. Cell surface marker analysis of 
splenic lymphocyte populations of the CD rat for use in 
immunotoxicological studies. Toxicology Methods. 4: 77-91 (1994).
    (6) Ladics, G.S., Smith, C., Heaps, K., and Loveless, S.E. 
Evaluation of the humoral immune response of CD rats following a 2-week 
exposure to the pesticide carbaryl by the oral, dermal, or inhalation 
routes. Journal of Toxicology Environmental Health. 42:143-156 (1994).
    (7) Ladics., G.S., Smith, C., Heaps, K., Elliot, G.S., Slone, T.W., 
and Loveless, S.E. Possible incorporation of an immunotoxicological 
functional assay for assessing humoral immunity for hazard 
identification purposes in rats on standard toxicology study. 
Toxicology. 96:225-238 (1995).
    (8) Luster, M.I., Portier, C., Pait, D.G., White, K.L., Jr., 
Gennings, C., Munson, A.E., and Rosenthal, G.J. Risk assessment in 
immunotoxicology I. Sensitivity and predictability of immune tests. 
Fundamental Applied Toxicology. 18:200-210 (1992).
    (9) Luster, M.I., Portier, C., Pait, D.G., Rosenthal, G.J. Germolec. 
D.R., Corsini, E., Blaylock, B.L., Pollock, P., Kouchi, Y., Craig, W., 
White, D.L., Munson, A.E., and Comment, C.E. Risk Assessment in 
Immunotoxicology II. Relationships Between Immune and Host Resistance 
Tests. Fundamental Applied Toxicology. 21:71-82 (1993).
    (10) Temple, L., Kawabata, T. T., Munson, A. E., and White, Jr., K. 
L. Comparison of ELISA and plaque-forming cell assays for measuring the 
humoral immune response to SRBC in rats and mice treated with 
benzo[a]pyrene or cyclophosphamide. Fundamental Applied Toxicology. 
21:412-419 (1993).
    (11) Temple, L., Butterworth, L., Kawabata, T.T., Munson, A.E., and

[[Page 344]]

White, Jr., K.L. Eds. Burleson, G.R., Dean, J.H., and Munson, A.E. ELISA 
to Measure SRBC Specific Serum IgM: Method and Data Evaluation. Vol. 1. 
Methods in Immunotoxicology (Wiley-Liss, Inc., New York, 1995) pp. 137-
157.

[[Page 345]]



               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY




  --------------------------------------------------------------------

Part                                                                Page
1500            Purpose, policy, and mandate................         347
1501            NEPA and agency planning....................         349
1502            Environmental impact statement..............         353
1503            Commenting..................................         360
1504            Predecision referrals to the Council of 
                    proposed Federal actions determined to 
                    be environmentally unsatisfactory.......         361
1505            NEPA and agency decisionmaking..............         363
1506            Other requirements of NEPA..................         364
1507            Agency compliance...........................         369
1508            Terminology and index.......................         371
1515            Freedom of Information Act procedures.......         376
1516            Privacy Act implementation..................         380
1517            Public meeting procedures of the Council on 
                    Environmental Quality...................         381
                Index to parts 1500 through 1508............         387

[[Page 347]]



PART 1500--PURPOSE, POLICY, AND MANDATE--Table of Contents




Sec.
1500.1  Purpose.
1500.2  Policy.
1500.3  Mandate.
1500.4  Reducing paperwork.
1500.5  Reducing delay.
1500.6  Agency authority.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609) and E.O. 11514, Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 55990, Nov. 28, 1978, unless otherwise noted.



Sec. 1500.1  Purpose.

    (a) The National Environmental Policy Act (NEPA) is our basic 
national charter for protection of the environment. It establishes 
policy, sets goals (section 101), and provides means (section 102) for 
carrying out the policy. Section 102(2) contains ``action-forcing'' 
provisions to make sure that federal agencies act according to the 
letter and spirit of the Act. The regulations that follow implement 
section 102(2). Their purpose is to tell federal agencies what they must 
do to comply with the procedures and achieve the goals of the Act. The 
President, the federal agencies, and the courts share responsibility for 
enforcing the Act so as to achieve the substantive requirements of 
section 101.
    (b) NEPA procedures must insure that environmental information is 
available to public officials and citizens before decisions are made and 
before actions are taken. The information must be of high quality. 
Accurate scientific analysis, expert agency comments, and public 
scrutiny are essential to implementing NEPA. Most important, NEPA 
documents must concentrate on the issues that are truly significant to 
the action in question, rather than amassing needless detail.
    (c) Ultimately, of course, it is not better documents but better 
decisions that count. NEPA's purpose is not to generate paperwork--even 
excellent paperwork--but to foster excellent action. The NEPA process is 
intended to help public officials make decisions that are based on 
understanding of environmental consequences, and take actions that 
protect, restore, and enhance the environment. These regulations provide 
the direction to achieve this purpose.



Sec. 1500.2  Policy.

    Federal agencies shall to the fullest extent possible:
    (a) Interpret and administer the policies, regulations, and public 
laws of the United States in accordance with the policies set forth in 
the Act and in these regulations.
    (b) Implement procedures to make the NEPA process more useful to 
decisionmakers and the public; to reduce paperwork and the accumulation 
of extraneous background data; and to emphasize real environmental 
issues and alternatives. Environmental impact statements shall be 
concise, clear, and to the point, and shall be supported by evidence 
that agencies have made the necessary environmental analyses.
    (c) Integrate the requirements of NEPA with other planning and 
environmental review procedures required by law or by agency practice so 
that all such procedures run concurrently rather than consecutively.
    (d) Encourage and facilitate public involvement in decisions which 
affect the quality of the human environment.
    (e) Use the NEPA process to identify and assess the reasonable 
alternatives to proposed actions that will avoid or minimize adverse 
effects of these actions upon the quality of the human environment.
    (f) Use all practicable means, consistent with the requirements of 
the Act and other essential considerations of national policy, to 
restore and enhance the quality of the human environment and avoid or 
minimize any possible adverse effects of their actions upon the quality 
of the human environment.



Sec. 1500.3  Mandate.

    Parts 1500 through 1508 of this title provide regulations applicable 
to and binding on all Federal agencies for implementing the procedural 
provisions of the National Environmental Policy Act of 1969, as amended 
(Pub. L. 91-190, 42 U.S.C. 4321 et seq.) (NEPA or the Act)

[[Page 348]]

except where compliance would be inconsistent with other statutory 
requirements. These regulations are issued pursuant to NEPA, the 
Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 
4371 et seq.) section 309 of the Clean Air Act, as amended (42 U.S.C. 
7609) and Executive Order 11514, Protection and Enhancement of 
Environmental Quality (March 5, 1970, as amended by Executive Order 
11991, May 24, 1977). These regulations, unlike the predecessor 
guidelines, are not confined to sec. 102(2)(C) (environmental impact 
statements). The regulations apply to the whole of section 102(2). The 
provisions of the Act and of these regulations must be read together as 
a whole in order to comply with the spirit and letter of the law. It is 
the Council's intention that judicial review of agency compliance with 
these regulations not occur before an agency has filed the final 
environmental impact statement, or has made a final finding of no 
significant impact (when such a finding will result in action affecting 
the environment), or takes action that will result in irreparable 
injury. Furthermore, it is the Council's intention that any trivial 
violation of these regulations not give rise to any independent cause of 
action.



Sec. 1500.4  Reducing paperwork.

    Agencies shall reduce excessive paperwork by:
    (a) Reducing the length of environmental impact statements 
(Sec. 1502.2(c)), by means such as setting appropriate page limits 
(Secs. 1501.7(b)(1) and 1502.7).
    (b) Preparing analytic rather than encyclopedic environmental impact 
statements (Sec. 1502.2(a)).
    (c) Discussing only briefly issues other than significant ones 
(Sec. 1502.2(b)).
    (d) Writing environmental impact statements in plain language 
(Sec. 1502.8).
    (e) Following a clear format for environmental impact statements 
(Sec. 1502.10).
    (f) Emphasizing the portions of the environmental impact statement 
that are useful to decisionmakers and the public (Secs. 1502.14 and 
1502.15) and reducing emphasis on background material (Sec. 1502.16).
    (g) Using the scoping process, not only to identify significant 
environmental issues deserving of study, but also to deemphasize 
insignificant issues, narrowing the scope of the environmental impact 
statement process accordingly (Sec. 1501.7).
    (h) Summarizing the environmental impact statement (Sec. 1502.12) 
and circulating the summary instead of the entire environmental impact 
statement if the latter is unusually long (Sec. 1502.19).
    (i) Using program, policy, or plan environmental impact statements 
and tiering from statements of broad scope to those of narrower scope, 
to eliminate repetitive discussions of the same issues (Secs. 1502.4 and 
1502.20).
    (j) Incorporating by reference (Sec. 1502.21).
    (k) Integrating NEPA requirements with other environmental review 
and consultation requirements (Sec. 1502.25).
    (l) Requiring comments to be as specific as possible (Sec. 1503.3).
    (m) Attaching and circulating only changes to the draft 
environmental impact statement, rather than rewriting and circulating 
the entire statement when changes are minor (Sec. 1503.4(c)).
    (n) Eliminating duplication with State and local procedures, by 
providing for joint preparation (Sec. 1506.2), and with other Federal 
procedures, by providing that an agency may adopt appropriate 
environmental documents prepared by another agency (Sec. 1506.3).
    (o) Combining environmental documents with other documents 
(Sec. 1506.4).
    (p) Using categorical exclusions to define categories of actions 
which do not individually or cumulatively have a significant effect on 
the human environment and which are therefore exempt from requirements 
to prepare an environmental impact statement (Sec. 1508.4).
    (q) Using a finding of no significant impact when an action not 
otherwise excluded will not have a significant effect on the human 
environment and is therefore exempt from requirements to prepare an 
environmental impact statement (Sec. 1508.13).

[43 FR 55990, Nov. 29, 1978; 44 FR 873, Jan. 3, 1979]



Sec. 1500.5  Reducing delay.

    Agencies shall reduce delay by:

[[Page 349]]

    (a) Integrating the NEPA process into early planning (Sec. 1501.2).
    (b) Emphasizing interagency cooperation before the environmental 
impact statement is prepared, rather than submission of adversary 
comments on a completed document (Sec. 1501.6).
    (c) Insuring the swift and fair resolution of lead agency disputes 
(Sec. 1501.5).
    (d) Using the scoping process for an early identification of what 
are and what are not the real issues (Sec. 1501.7).
    (e) Establishing appropriate time limits for the environmental 
impact statement process (Secs. 1501.7(b)(2) and 1501.8).
    (f) Preparing environmental impact statements early in the process 
(Sec. 1502.5).
    (g) Integrating NEPA requirements with other environmental review 
and consultation requirements (Sec. 1502.25).
    (h) Eliminating duplication with State and local procedures by 
providing for joint preparation (Sec. 1506.2) and with other Federal 
procedures by providing that an agency may adopt appropriate 
environmental documents prepared by another agency (Sec. 1506.3).
    (i) Combining environmental documents with other documents 
(Sec. 1506.4).
    (j) Using accelerated procedures for proposals for legislation 
(Sec. 1506.8).
    (k) Using categorical exclusions to define categories of actions 
which do not individually or cumulatively have a significant effect on 
the human environment (Sec. 1508.4) and which are therefore exempt from 
requirements to prepare an environmental impact statement.
    (l) Using a finding of no significant impact when an action not 
otherwise excluded will not have a significant effect on the human 
environment (Sec. 1508.13) and is therefore exempt from requirements to 
prepare an environmental impact statement.



Sec. 1500.6  Agency authority.

    Each agency shall interpret the provisions of the Act as a 
supplement to its existing authority and as a mandate to view 
traditional policies and missions in the light of the Act's national 
environmental objectives. Agencies shall review their policies, 
procedures, and regulations accordingly and revise them as necessary to 
insure full compliance with the purposes and provisions of the Act. The 
phrase ``to the fullest extent possible'' in section 102 means that each 
agency of the Federal Government shall comply with that section unless 
existing law applicable to the agency's operations expressly prohibits 
or makes compliance impossible.



PART 1501--NEPA AND AGENCY PLANNING--Table of Contents




Sec.
1501.1  Purpose.
1501.2  Apply NEPA early in the process.
1501.3  When to prepare an environmental assessment.
1501.4  Whether to prepare an environmental impact statement.
1501.5  Lead agencies.
1501.6  Cooperating agencies.
1501.7  Scoping.
1501.8  Time limits.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609, and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 55992, Nov. 29, 1978, unless otherwise noted.



Sec. 1501.1  Purpose.

    The purposes of this part include:
    (a) Integrating the NEPA process into early planning to insure 
appropriate consideration of NEPA's policies and to eliminate delay.
    (b) Emphasizing cooperative consultation among agencies before the 
environmental impact statement is prepared rather than submission of 
adversary comments on a completed document.
    (c) Providing for the swift and fair resolution of lead agency 
disputes.
    (d) Identifying at an early stage the significant environmental 
issues deserving of study and deemphasizing insignificant issues, 
narrowing the scope of the environmental impact statement accordingly.
    (e) Providing a mechanism for putting appropriate time limits on the 
environmental impact statement process.

[[Page 350]]



Sec. 1501.2  Apply NEPA early in the process.

    Agencies shall integrate the NEPA process with other planning at the 
earliest possible time to insure that planning and decisions reflect 
environmental values, to avoid delays later in the process, and to head 
off potential conflicts. Each agency shall:
    (a) Comply with the mandate of section 102(2)(A) to ``utilize a 
systematic, interdisciplinary approach which will insure the integrated 
use of the natural and social sciences and the environmental design arts 
in planning and in decisionmaking which may have an impact on man's 
environment,'' as specified by Sec. 1507.2.
    (b) Identify environmental effects and values in adequate detail so 
they can be compared to economic and technical analyses. Environmental 
documents and appropriate analyses shall be circulated and reviewed at 
the same time as other planning documents.
    (c) Study, develop, and describe appropriate alternatives to 
recommended courses of action in any proposal which involves unresolved 
conflicts concerning alternative uses of available resources as provided 
by section 102(2)(E) of the Act.
    (d) Provide for cases where actions are planned by private 
applicants or other non-Federal entities before Federal involvement so 
that:
    (1) Policies or designated staff are available to advise potential 
applicants of studies or other information foreseeably required for 
later Federal action.
    (2) The Federal agency consults early with appropriate State and 
local agencies and Indian tribes and with interested private persons and 
organizations when its own involvement is reasonably foreseeable.
    (3) The Federal agency commences its NEPA process at the earliest 
possible time.



Sec. 1501.3  When to prepare an environmental assessment.

    (a) Agencies shall prepare an environmental assessment (Sec. 1508.9) 
when necessary under the procedures adopted by individual agencies to 
supplement these regulations as described in Sec. 1507.3. An assessment 
is not necessary if the agency has decided to prepare an environmental 
impact statement.
    (b) Agencies may prepare an environmental assessment on any action 
at any time in order to assist agency planning and decisionmaking.



Sec. 1501.4  Whether to prepare an environmental impact statement.

    In determining whether to prepare an environmental impact statement 
the Federal agency shall:
    (a) Determine under its procedures supplementing these regulations 
(described in Sec. 1507.3) whether the proposal is one which:
    (1) Normally requires an environmental impact statement, or
    (2) Normally does not require either an environmental impact 
statement or an environmental assessment (categorical exclusion).
    (b) If the proposed action is not covered by paragraph (a) of this 
section, prepare an environmental assessment (Sec. 1508.9). The agency 
shall involve environmental agencies, applicants, and the public, to the 
extent practicable, in preparing assessments required by 
Sec. 1508.9(a)(1).
    (c) Based on the environmental assessment make its determination 
whether to prepare an environmental impact statement.
    (d) Commence the scoping process (Sec. 1501.7), if the agency will 
prepare an environmental impact statement.
    (e) Prepare a finding of no significant impact (Sec. 1508.13), if 
the agency determines on the basis of the environmental assessment not 
to prepare a statement.
    (1) The agency shall make the finding of no significant impact 
available to the affected public as specified in Sec. 1506.6.
    (2) In certain limited circumstances, which the agency may cover in 
its procedures under Sec. 1507.3, the agency shall make the finding of 
no significant impact available for public review (including State and 
areawide clearinghouses) for 30 days before the agency makes its final 
determination whether to prepare an environmental impact statement and 
before the action may begin. The circumstances are:

[[Page 351]]

    (i) The proposed action is, or is closely similar to, one which 
normally requires the preparation of an environmental impact statement 
under the procedures adopted by the agency pursuant to Sec. 1507.3, or
    (ii) The nature of the proposed action is one without precedent.



Sec. 1501.5  Lead agencies.

    (a) A lead agency shall supervise the preparation of an 
environmental impact statement if more than one Federal agency either:
    (1) Proposes or is involved in the same action; or
    (2) Is involved in a group of actions directly related to each other 
because of their functional interdependence or geographical proximity.
    (b) Federal, State, or local agencies, including at least one 
Federal agency, may act as joint lead agencies to prepare an 
environmental impact statement (Sec. 1506.2).
    (c) If an action falls within the provisions of paragraph (a) of 
this section the potential lead agencies shall determine by letter or 
memorandum which agency shall be the lead agency and which shall be 
cooperating agencies. The agencies shall resolve the lead agency 
question so as not to cause delay. If there is disagreement among the 
agencies, the following factors (which are listed in order of descending 
importance) shall determine lead agency designation:
    (1) Magnitude of agency's involvement.
    (2) Project approval/disapproval authority.
    (3) Expertise concerning the action's environmental effects.
    (4) Duration of agency's involvement.
    (5) Sequence of agency's involvement.
    (d) Any Federal agency, or any State or local agency or private 
person substantially affected by the absence of lead agency designation, 
may make a written request to the potential lead agencies that a lead 
agency be designated.
    (e) If Federal agencies are unable to agree on which agency will be 
the lead agency or if the procedure described in paragraph (c) of this 
section has not resulted within 45 days in a lead agency designation, 
any of the agencies or persons concerned may file a request with the 
Council asking it to determine which Federal agency shall be the lead 
agency.

A copy of the request shall be transmitted to each potential lead 
agency. The request shall consist of:
    (1) A precise description of the nature and extent of the proposed 
action.
    (2) A detailed statement of why each potential lead agency should or 
should not be the lead agency under the criteria specified in paragraph 
(c) of this section.
    (f) A response may be filed by any potential lead agency concerned 
within 20 days after a request is filed with the Council. The Council 
shall determine as soon as possible but not later than 20 days after 
receiving the request and all responses to it which Federal agency shall 
be the lead agency and which other Federal agencies shall be cooperating 
agencies.

[43 FR 55992, Nov. 29, 1978; 44 FR 873, Jan. 3, 1979]



Sec. 1501.6  Cooperating agencies.

    The purpose of this section is to emphasize agency cooperation early 
in the NEPA process. Upon request of the lead agency, any other Federal 
agency which has jurisdiction by law shall be a cooperating agency. In 
addition any other Federal agency which has special expertise with 
respect to any environmental issue, which should be addressed in the 
statement may be a cooperating agency upon request of the lead agency. 
An agency may request the lead agency to designate it a cooperating 
agency.
    (a) The lead agency shall:
    (1) Request the participation of each cooperating agency in the NEPA 
process at the earliest possible time.
    (2) Use the environmental analysis and proposals of cooperating 
agencies with jurisdiction by law or special expertise, to the maximum 
extent possible consistent with its responsibility as lead agency.
    (3) Meet with a cooperating agency at the latter's request.
    (b) Each cooperating agency shall:
    (1) Participate in the NEPA process at the earliest possible time.

[[Page 352]]

    (2) Participate in the scoping process (described below in 
Sec. 1501.7).
    (3) Assume on request of the lead agency responsibility for 
developing information and preparing environmental analyses including 
portions of the environmental impact statement concerning which the 
cooperating agency has special expertise.
    (4) Make available staff support at the lead agency's request to 
enhance the latter's interdisciplinary capability.
    (5) Normally use its own funds. The lead agency shall, to the extent 
available funds permit, fund those major activities or analyses it 
requests from cooperating agencies. Potential lead agencies shall 
include such funding requirements in their budget requests.
    (c) A cooperating agency may in response to a lead agency's request 
for assistance in preparing the environmental impact statement 
(described in paragraph (b)(3), (4), or (5) of this section) reply that 
other program commitments preclude any involvement or the degree of 
involvement requested in the action that is the subject of the 
environmental impact statement. A copy of this reply shall be submitted 
to the Council.



Sec. 1501.7  Scoping.

    There shall be an early and open process for determining the scope 
of issues to be addressed and for identifying the significant issues 
related to a proposed action. This process shall be termed scoping. As 
soon as practicable after its decision to prepare an environmental 
impact statement and before the scoping process the lead agency shall 
publish a notice of intent (Sec. 1508.22) in the Federal Register except 
as provided in Sec. 1507.3(e).
    (a) As part of the scoping process the lead agency shall:
    (1) Invite the participation of affected Federal, State, and local 
agencies, any affected Indian tribe, the proponent of the action, and 
other interested persons (including those who might not be in accord 
with the action on environmental grounds), unless there is a limited 
exception under Sec. 1507.3(c). An agency may give notice in accordance 
with Sec. 1506.6.
    (2) Determine the scope (Sec. 1508.25) and the significant issues to 
be analyzed in depth in the environmental impact statement.
    (3) Identify and eliminate from detailed study the issues which are 
not significant or which have been covered by prior environmental review 
(Sec. 1506.3), narrowing the discussion of these issues in the statement 
to a brief presentation of why they will not have a significant effect 
on the human environment or providing a reference to their coverage 
elsewhere.
    (4) Allocate assignments for preparation of the environmental impact 
statement among the lead and cooperating agencies, with the lead agency 
retaining responsibility for the statement.
    (5) Indicate any public environmental assessments and other 
environmental impact statements which are being or will be prepared that 
are related to but are not part of the scope of the impact statement 
under consideration.
    (6) Identify other environmental review and consultation 
requirements so the lead and cooperating agencies may prepare other 
required analyses and studies concurrently with, and integrated with, 
the environmental impact statement as provided in Sec. 1502.25.
    (7) Indicate the relationship between the timing of the preparation 
of environmental analyses and the agency's tentative planning and 
decisionmaking schedule.
    (b) As part of the scoping process the lead agency may:
    (1) Set page limits on environmental documents (Sec. 1502.7).
    (2) Set time limits (Sec. 1501.8).
    (3) Adopt procedures under Sec. 1507.3 to combine its environmental 
assessment process with its scoping process.
    (4) Hold an early scoping meeting or meetings which may be 
integrated with any other early planning meeting the agency has. Such a 
scoping meeting will often be appropriate when the impacts of a 
particular action are confined to specific sites.
    (c) An agency shall revise the determinations made under paragraphs 
(a) and (b) of this section if substantial changes are made later in the 
proposed

[[Page 353]]

action, or if significant new circumstances or information arise which 
bear on the proposal or its impacts.



Sec. 1501.8  Time limits.

    Although the Council has decided that prescribed universal time 
limits for the entire NEPA process are too inflexible, Federal agencies 
are encouraged to set time limits appropriate to individual actions 
(consistent with the time intervals required by Sec. 1506.10). When 
multiple agencies are involved the reference to agency below means lead 
agency.
    (a) The agency shall set time limits if an applicant for the 
proposed action requests them: Provided, That the limits are consistent 
with the purposes of NEPA and other essential considerations of national 
policy.
    (b) The agency may:
    (1) Consider the following factors in determining time limits:
    (i) Potential for environmental harm.
    (ii) Size of the proposed action.
    (iii) State of the art of analytic techniques.
    (iv) Degree of public need for the proposed action, including the 
consequences of delay.
    (v) Number of persons and agencies affected.
    (vi) Degree to which relevant information is known and if not known 
the time required for obtaining it.
    (vii) Degree to which the action is controversial.
    (viii) Other time limits imposed on the agency by law, regulations, 
or executive order.
    (2) Set overall time limits or limits for each constituent part of 
the NEPA process, which may include:
    (i) Decision on whether to prepare an environmental impact statement 
(if not already decided).
    (ii) Determination of the scope of the environmental impact 
statement.
    (iii) Preparation of the draft environmental impact statement.
    (iv) Review of any comments on the draft environmental impact 
statement from the public and agencies.
    (v) Preparation of the final environmental impact statement.
    (vi) Review of any comments on the final environmental impact 
statement.
    (vii) Decision on the action based in part on the environmental 
impact statement.
    (3) Designate a person (such as the project manager or a person in 
the agency's office with NEPA responsibilities) to expedite the NEPA 
process.
    (c) State or local agencies or members of the public may request a 
Federal Agency to set time limits.



PART 1502--ENVIRONMENTAL IMPACT STATEMENT--Table of Contents




Sec.
1502.1  Purpose.
1502.2  Implementation.
1502.3  Statutory requirements for statements.
1502.4  Major Federal actions requiring the preparation of environmental 
          impact statements.
1502.5  Timing.
1502.6  Interdisciplinary preparation.
1502.7  Page limits.
1502.8  Writing.
1502.9  Draft, final, and supplemental statements.
1502.10  Recommended format.
1502.11  Cover sheet.
1502.12  Summary.
1502.13  Purpose and need.
1502.14  Alternatives including the proposed action.
1502.15  Affected environment.
1502.16  Environmental consequences.
1502.17  List of preparers.
1502.18  Appendix.
1502.19  Circulation of the environmental impact statement.
1502.20  Tiering.
1502.21  Incorporation by reference.
1502.22  Incomplete or unavailable information.
1502.23  Cost-benefit analysis.
1502.24  Methodology and scientific accuracy.
1502.25  Environmental review and consultation requirements.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 55994, Nov. 29, 1978, unless otherwise noted.



Sec. 1502.1  Purpose.

    The primary purpose of an environmental impact statement is to serve 
as an action-forcing device to insure that the policies and goals 
defined in the

[[Page 354]]

Act are infused into the ongoing programs and actions of the Federal 
Government. It shall provide full and fair discussion of significant 
environmental impacts and shall inform decisionmakers and the public of 
the reasonable alternatives which would avoid or minimize adverse 
impacts or enhance the quality of the human environment. Agencies shall 
focus on significant environmental issues and alternatives and shall 
reduce paperwork and the accumulation of extraneous background data. 
Statements shall be concise, clear, and to the point, and shall be 
supported by evidence that the agency has made the necessary 
environmental analyses. An environmental impact statement is more than a 
disclosure document. It shall be used by Federal officials in 
conjunction with other relevant material to plan actions and make 
decisions.



Sec. 1502.2  Implementation.

    To achieve the purposes set forth in Sec. 1502.1 agencies shall 
prepare environmental impact statements in the following manner:
    (a) Environmental impact statements shall be analytic rather than 
encyclopedic.
    (b) Impacts shall be discussed in proportion to their significance. 
There shall be only brief discussion of other than significant issues. 
As in a finding of no significant impact, there should be only enough 
discussion to show why more study is not warranted.
    (c) Environmental impact statements shall be kept concise and shall 
be no longer than absolutely necessary to comply with NEPA and with 
these regulations. Length should vary first with potential environmental 
problems and then with project size.
    (d) Environmental impact statements shall state how alternatives 
considered in it and decisions based on it will or will not achieve the 
requirements of sections 101 and 102(1) of the Act and other 
environmental laws and policies.
    (e) The range of alternatives discussed in environmental impact 
statements shall encompass those to be considered by the ultimate agency 
decisionmaker.
    (f) Agencies shall not commit resources prejudicing selection of 
alternatives before making a final decision (Sec. 1506.1).
    (g) Environmental impact statements shall serve as the means of 
assessing the environmental impact of proposed agency actions, rather 
than justifying decisions already made.



Sec. 1502.3  Statutory requirements for statements.

    As required by sec. 102(2)(C) of NEPA environmental impact 
statements (Sec. 1508.11) are to be included in every recommendation or 
report.
    On proposals (Sec. 1508.23).
    For legislation and (Sec. 1508.17).
    Other major Federal actions (Sec. 1508.18).
    Significantly (Sec. 1508.27).
    Affecting (Secs. 1508.3, 1508.8).
    The quality of the human environment (Sec. 1508.14).



Sec. 1502.4  Major Federal actions requiring the preparation of environmental impact statements.

    (a) Agencies shall make sure the proposal which is the subject of an 
environmental impact statement is properly defined. Agencies shall use 
the criteria for scope (Sec. 1508.25) to determine which proposal(s) 
shall be the subject of a particular statement. Proposals or parts of 
proposals which are related to each other closely enough to be, in 
effect, a single course of action shall be evaluated in a single impact 
statement.
    (b) Environmental impact statements may be prepared, and are 
sometimes required, for broad Federal actions such as the adoption of 
new agency programs or regulations (Sec. 1508.18). Agencies shall 
prepare statements on broad actions so that they are relevant to policy 
and are timed to coincide with meaningful points in agency planning and 
decisionmaking.
    (c) When preparing statements on broad actions (including proposals 
by more than one agency), agencies may find it useful to evaluate the 
proposal(s) in one of the following ways:
    (1) Geographically, including actions occurring in the same general 
location, such as body of water, region, or metropolitan area.
    (2) Generically, including actions which have relevant similarities, 
such

[[Page 355]]

as common timing, impacts, alternatives, methods of implementation, 
media, or subject matter.
    (3) By stage of technological development including federal or 
federally assisted research, development or demonstration programs for 
new technologies which, if applied, could significantly affect the 
quality of the human environment. Statements shall be prepared on such 
programs and shall be available before the program has reached a stage 
of investment or commitment to implementation likely to determine 
subsequent development or restrict later alternatives.
    (d) Agencies shall as appropriate employ scoping (Sec. 1501.7), 
tiering (Sec. 1502.20), and other methods listed in Secs. 1500.4 and 
1500.5 to relate broad and narrow actions and to avoid duplication and 
delay.



Sec. 1502.5  Timing.

    An agency shall commence preparation of an environmental impact 
statement as close as possible to the time the agency is developing or 
is presented with a proposal (Sec. 1508.23) so that preparation can be 
completed in time for the final statement to be included in any 
recommendation or report on the proposal. The statement shall be 
prepared early enough so that it can serve practically as an important 
contribution to the decisionmaking process and will not be used to 
rationalize or justify decisions already made (Secs. 1500.2(c), 1501.2, 
and 1502.2). For instance:
    (a) For projects directly undertaken by Federal agencies the 
environmental impact statement shall be prepared at the feasibility 
analysis (go-no go) stage and may be supplemented at a later stage if 
necessary.
    (b) For applications to the agency appropriate environmental 
assessments or statements shall be commenced no later than immediately 
after the application is received. Federal agencies are encouraged to 
begin preparation of such assessments or statements earlier, preferably 
jointly with applicable State or local agencies.
    (c) For adjudication, the final environmental impact statement shall 
normally precede the final staff recommendation and that portion of the 
public hearing related to the impact study. In appropriate circumstances 
the statement may follow preliminary hearings designed to gather 
information for use in the statements.
    (d) For informal rulemaking the draft environmental impact statement 
shall normally accompany the proposed rule.



Sec. 1502.6  Interdisciplinary preparation.

    Environmental impact statements shall be prepared using an inter-
disciplinary approach which will insure the integrated use of the 
natural and social sciences and the environmental design arts (section 
102(2)(A) of the Act). The disciplines of the preparers shall be 
appropriate to the scope and issues identified in the scoping process 
(Sec. 1501.7).



Sec. 1502.7  Page limits.

    The text of final environmental impact statements (e.g., paragraphs 
(d) through (g) of Sec. 1502.10) shall normally be less than 150 pages 
and for proposals of unusual scope or complexity shall normally be less 
than 300 pages.



Sec. 1502.8  Writing.

    Environmental impact statements shall be written in plain language 
and may use appropriate graphics so that decisionmakers and the public 
can readily understand them. Agencies should employ writers of clear 
prose or editors to write, review, or edit statements, which will be 
based upon the analysis and supporting data from the natural and social 
sciences and the environmental design arts.



Sec. 1502.9  Draft, final, and supplemental statements.

    Except for proposals for legislation as provided in Sec. 1506.8 
environmental impact statements shall be prepared in two stages and may 
be supplemented.
    (a) Draft environmental impact statements shall be prepared in 
accordance with the scope decided upon in the scoping process. The lead 
agency shall work with the cooperating agencies and shall obtain 
comments as required in part 1503 of this chapter. The draft statement 
must fulfill and satisfy to the fullest extent possible the requirements 
established for final statements

[[Page 356]]

in section 102(2)(C) of the Act. If a draft statement is so inadequate 
as to preclude meaningful analysis, the agency shall prepare and 
circulate a revised draft of the appropriate portion. The agency shall 
make every effort to disclose and discuss at appropriate points in the 
draft statement all major points of view on the environmental impacts of 
the alternatives including the proposed action.
    (b) Final environmental impact statements shall respond to comments 
as required in part 1503 of this chapter. The agency shall discuss at 
appropriate points in the final statement any responsible opposing view 
which was not adequately discussed in the draft statement and shall 
indicate the agency's response to the issues raised.
    (c) Agencies:
    (1) Shall prepare supplements to either draft or final environmental 
impact statements if:
    (i) The agency makes substantial changes in the proposed action that 
are relevant to environmental concerns; or
    (ii) There are significant new circumstances or information relevant 
to environmental concerns and bearing on the proposed action or its 
impacts.
    (2) May also prepare supplements when the agency determines that the 
purposes of the Act will be furthered by doing so.
    (3) Shall adopt procedures for introducing a supplement into its 
formal administrative record, if such a record exists.
    (4) Shall prepare, circulate, and file a supplement to a statement 
in the same fashion (exclusive of scoping) as a draft and final 
statement unless alternative procedures are approved by the Council.



Sec. 1502.10  Recommended format.

    Agencies shall use a format for environmental impact statements 
which will encourage good analysis and clear presentation of the 
alternatives including the proposed action. The following standard 
format for environmental impact statements should be followed unless the 
agency determines that there is a compelling reason to do otherwise:
    (a) Cover sheet.
    (b) Summary.
    (c) Table of contents.
    (d) Purpose of and need for action.
    (e) Alternatives including proposed action (sections 102(2)(C)(iii) 
and 102(2)(E) of the Act).
    (f) Affected environment.
    (g) Environmental consequences (especially sections 102(2)(C)(i), 
(ii), (iv), and (v) of the Act).
    (h) List of preparers.
    (i) List of Agencies, Organizations, and persons to whom copies of 
the statement are sent.
    (j) Index.
    (k) Appendices (if any).

If a different format is used, it shall include paragraphs (a), (b), 
(c), (h), (i), and (j), of this section and shall include the substance 
of paragraphs (d), (e), (f), (g), and (k) of this section, as further 
described in Secs. 1502.11 through 1502.18, in any appropriate format.



Sec. 1502.11  Cover sheet.

    The cover sheet shall not exceed one page. It shall include:
    (a) A list of the responsible agencies including the lead agency and 
any cooperating agencies.
    (b) The title of the proposed action that is the subject of the 
statement (and if appropriate the titles of related cooperating agency 
actions), together with the State(s) and county(ies) (or other 
jurisdiction if applicable) where the action is located.
    (c) The name, address, and telephone number of the person at the 
agency who can supply further information.
    (d) A designation of the statement as a draft, final, or draft or 
final supplement.
    (e) A one paragraph abstract of the statement.
    (f) The date by which comments must be received (computed in 
cooperation with EPA under Sec. 1506.10).

The information required by this section may be entered on Standard Form 
424 (in items 4, 6, 7, 10, and 18).



Sec. 1502.12  Summary.

    Each environmental impact statement shall contain a summary which 
adequately and accurately summarizes the statement. The summary shall 
stress the major conclusions, areas of controversy (including issues 
raised by agencies and the public), and the issues to be resolved 
(including the choice

[[Page 357]]

among alternatives). The summary will normally not exceed 15 pages.



Sec. 1502.13  Purpose and need.

    The statement shall briefly specify the underlying purpose and need 
to which the agency is responding in proposing the alternatives 
including the proposed action.



Sec. 1502.14  Alternatives including the proposed action.

    This section is the heart of the environmental impact statement. 
Based on the information and analysis presented in the sections on the 
Affected Environment (Sec. 1502.15) and the Environmental Consequences 
(Sec. 1502.16), it should present the environmental impacts of the 
proposal and the alternatives in comparative form, thus sharply defining 
the issues and providing a clear basis for choice among options by the 
decisionmaker and the public. In this section agencies shall:
    (a) Rigorously explore and objectively evaluate all reasonable 
alternatives, and for alternatives which were eliminated from detailed 
study, briefly discuss the reasons for their having been eliminated.
    (b) Devote substantial treatment to each alternative considered in 
detail including the proposed action so that reviewers may evaluate 
their comparative merits.
    (c) Include reasonable alternatives not within the jurisdiction of 
the lead agency.
    (d) Include the alternative of no action.
    (e) Identify the agency's preferred alternative or alternatives, if 
one or more exists, in the draft statement and identify such alternative 
in the final statement unless another law prohibits the expression of 
such a preference.
    (f) Include appropriate mitigation measures not already included in 
the proposed action or alternatives.



Sec. 1502.15  Affected environment.

    The environmental impact statement shall succinctly describe the 
environment of the area(s) to be affected or created by the alternatives 
under consideration. The descriptions shall be no longer than is 
necessary to understand the effects of the alternatives. Data and 
analyses in a statement shall be commensurate with the importance of the 
impact, with less important material summarized, consolidated, or simply 
referenced. Agencies shall avoid useless bulk in statements and shall 
concentrate effort and attention on important issues. Verbose 
descriptions of the affected environment are themselves no measure of 
the adequacy of an environmental impact statement.



Sec. 1502.16  Environmental consequences.

    This section forms the scientific and analytic basis for the 
comparisons under Sec. 1502.14. It shall consolidate the discussions of 
those elements required by sections 102(2)(C)(i), (ii), (iv), and (v) of 
NEPA which are within the scope of the statement and as much of section 
102(2)(C)(iii) as is necessary to support the comparisons. The 
discussion will include the environmental impacts of the alternatives 
including the proposed action, any adverse environmental effects which 
cannot be avoided should the proposal be implemented, the relationship 
between short-term uses of man's environment and the maintenance and 
enhancement of long-term productivity, and any irreversible or 
irretrievable commitments of resources which would be involved in the 
proposal should it be implemented. This section should not duplicate 
discussions in Sec. 1502.14. It shall include discussions of:
    (a) Direct effects and their significance (Sec. 1508.8).
    (b) Indirect effects and their significance (Sec. 1508.8).
    (c) Possible conflicts between the proposed action and the 
objectives of Federal, regional, State, and local (and in the case of a 
reservation, Indian tribe) land use plans, policies and controls for the 
area concerned. (See Sec. 1506.2(d).)
    (d) The environmental effects of alternatives including the proposed 
action. The comparisons under Sec. 1502.14 will be based on this 
discussion.
    (e) Energy requirements and conservation potential of various 
alternatives and mitigation measures.
    (f) Natural or depletable resource requirements and conservation 
potential of various alternatives and mitigation measures.

[[Page 358]]

    (g) Urban quality, historic and cultural resources, and the design 
of the built environment, including the reuse and conservation potential 
of various alternatives and mitigation measures.
    (h) Means to mitigate adverse environmental impacts (if not fully 
covered under Sec. 1502.14(f)).

[43 FR 55994, Nov. 29, 1978; 44 FR 873, Jan. 3, 1979]



Sec. 1502.17  List of preparers.

    The environmental impact statement shall list the names, together 
with their qualifications (expertise, experience, professional 
disciplines), of the persons who were primarily responsible for 
preparing the environmental impact statement or significant background 
papers, including basic components of the statement (Secs. 1502.6 and 
1502.8). Where possible the persons who are responsible for a particular 
analysis, including analyses in background papers, shall be identified. 
Normally the list will not exceed two pages.



Sec. 1502.18  Appendix.

    If an agency prepares an appendix to an environmental impact 
statement the appendix shall:
    (a) Consist of material prepared in connection with an environmental 
impact statement (as distinct from material which is not so prepared and 
which is incorporated by reference (Sec. 1502.21)).
    (b) Normally consist of material which substantiates any analysis 
fundamental to the impact statement.
    (c) Normally be analytic and relevant to the decision to be made.
    (d) Be circulated with the environmental impact statement or be 
readily available on request.



Sec. 1502.19  Circulation of the environmental impact statement.

    Agencies shall circulate the entire draft and final environmental 
impact statements except for certain appendices as provided in 
Sec. 1502.18(d) and unchanged statements as provided in Sec. 1503.4(c). 
However, if the statement is unusually long, the agency may circulate 
the summary instead, except that the entire statement shall be furnished 
to:
    (a) Any Federal agency which has jurisdiction by law or special 
expertise with respect to any environmental impact involved and any 
appropriate Federal, State or local agency authorized to develop and 
enforce environmental standards.
    (b) The applicant, if any.
    (c) Any person, organization, or agency requesting the entire 
environmental impact statement.
    (d) In the case of a final environmental impact statement any 
person, organization, or agency which submitted substantive comments on 
the draft.

If the agency circulates the summary and thereafter receives a timely 
request for the entire statement and for additional time to comment, the 
time for that requestor only shall be extended by at least 15 days 
beyond the minimum period.



Sec. 1502.20  Tiering.

    Agencies are encouraged to tier their environmental impact 
statements to eliminate repetitive discussions of the same issues and to 
focus on the actual issues ripe for decision at each level of 
environmental review (Sec. 1508.28). Whenever a broad environmental 
impact statement has been prepared (such as a program or policy 
statement) and a subsequent statement or environmental assessment is 
then prepared on an action included within the entire program or policy 
(such as a site specific action) the subsequent statement or 
environmental assessment need only summarize the issues discussed in the 
broader statement and incorporate discussions from the broader statement 
by reference and shall concentrate on the issues specific to the 
subsequent action. The subsequent document shall state where the earlier 
document is available. Tiering may also be appropriate for different 
stages of actions. (Section 1508.28).



Sec. 1502.21  Incorporation by reference.

    Agencies shall incorporate material into an environmental impact 
statement by reference when the effect will be to cut down on bulk 
without impeding agency and public review of the action. The 
incorporated material shall be cited in the statement and its content 
briefly described. No material

[[Page 359]]

may be incorporated by reference unless it is reasonably available for 
inspection by potentially interested persons within the time allowed for 
comment. Material based on proprietary data which is itself not 
available for review and comment shall not be incorporated by reference.



Sec. 1502.22  Incomplete or unavailable information.

    When an agency is evaluating reasonably foreseeable significant 
adverse effects on the human environment in an environmental impact 
statement and there is incomplete or unavailable information, the agency 
shall always make clear that such information is lacking.
    (a) If the incomplete information relevant to reasonably foreseeable 
significant adverse impacts is essential to a reasoned choice among 
alternatives and the overall costs of obtaining it are not exorbitant, 
the agency shall include the information in the environmental impact 
statement.
    (b) If the information relevant to reasonably foreseeable 
significant adverse impacts cannot be obtained because the overall costs 
of obtaining it are exorbitant or the means to obtain it are not known, 
the agency shall include within the environmental impact statement:
    (1) A statement that such information is incomplete or unavailable; 
(2) a statement of the relevance of the incomplete or unavailable 
information to evaluating reasonably foreseeable significant adverse 
impacts on the human environment; (3) a summary of existing credible 
scientific evidence which is relevant to evaluating the reasonably 
foreseeable significant adverse impacts on the human environment, and 
(4) the agency's evaluation of such impacts based upon theoretical 
approaches or research methods generally accepted in the scientific 
community. For the purposes of this section, ``reasonably foreseeable'' 
includes impacts which have catastrophic consequences, even if their 
probability of occurrence is low, provided that the analysis of the 
impacts is supported by credible scientific evidence, is not based on 
pure conjecture, and is within the rule of reason.
    (c) The amended regulation will be applicable to all environmental 
impact statements for which a Notice of Intent (40 CFR 1508.22) is 
published in the Federal Register on or after May 27, 1986. For 
environmental impact statements in progress, agencies may choose to 
comply with the requirements of either the original or amended 
regulation.

[51 FR 15625, Apr. 25, 1986]



Sec. 1502.23  Cost-benefit analysis.

    If a cost-benefit analysis relevant to the choice among 
environmentally different alternatives is being considered for the 
proposed action, it shall be incorporated by reference or appended to 
the statement as an aid in evaluating the environmental consequences. To 
assess the adequacy of compliance with section 102(2)(B) of the Act the 
statement shall, when a cost-benefit analysis is prepared, discuss the 
relationship between that analysis and any analyses of unquantified 
environmental impacts, values, and amenities. For purposes of complying 
with the Act, the weighing of the merits and drawbacks of the various 
alternatives need not be displayed in a monetary cost-benefit analysis 
and should not be when there are important qualitative considerations. 
In any event, an environmental impact statement should at least indicate 
those considerations, including factors not related to environmental 
quality, which are likely to be relevant and important to a decision.



Sec. 1502.24  Methodology and scientific accuracy.

    Agencies shall insure the professional integrity, including 
scientific integrity, of the discussions and analyses in environmental 
impact statements. They shall identify any methodologies used and shall 
make explicit reference by footnote to the scientific and other sources 
relied upon for conclusions in the statement. An agency may place 
discussion of methodology in an appendix.

[[Page 360]]



Sec. 1502.25  Environmental review and consultation requirements.

    (a) To the fullest extent possible, agencies shall prepare draft 
environmental impact statements concurrently with and integrated with 
environmental impact analyses and related surveys and studies required 
by the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the 
National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other 
environmental review laws and executive orders.
    (b) The draft environmental impact statement shall list all Federal 
permits, licenses, and other entitlements which must be obtained in 
implementing the proposal. If it is uncertain whether a Federal permit, 
license, or other entitlement is necessary, the draft environmental 
impact statement shall so indicate.



PART 1503--COMMENTING--Table of Contents




Sec.
1503.1  Inviting comments.
1503.2  Duty to comment.
1503.3  Specificity of comments.
1503.4  Response to comments.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 55997, Nov. 29, 1978, unless otherwise noted.



Sec. 1503.1  Inviting comments.

    (a) After preparing a draft environmental impact statement and 
before preparing a final environmental impact statement the agency 
shall:
    (1) Obtain the comments of any Federal agency which has jurisdiction 
by law or special expertise with respect to any environmental impact 
involved or which is authorized to develop and enforce environmental 
standards.
    (2) Request the comments of:
    (i) Appropriate State and local agencies which are authorized to 
develop and enforce environmental standards;
    (ii) Indian tribes, when the effects may be on a reservation; and
    (iii) Any agency which has requested that it receive statements on 
actions of the kind proposed.

Office of Management and Budget Circular A-95 (Revised), through its 
system of clearinghouses, provides a means of securing the views of 
State and local environmental agencies. The clearinghouses may be used, 
by mutual agreement of the lead agency and the clearinghouse, for 
securing State and local reviews of the draft environmental impact 
statements.
    (3) Request comments from the applicant, if any.
    (4) Request comments from the public, affirmatively soliciting 
comments from those persons or organizations who may be interested or 
affected.
    (b) An agency may request comments on a final environmental impact 
statement before the decision is finally made. In any case other 
agencies or persons may make comments before the final decision unless a 
different time is provided under Sec. 1506.10.



Sec. 1503.2  Duty to comment.

    Federal agencies with jurisdiction by law or special expertise with 
respect to any environmental impact involved and agencies which are 
authorized to develop and enforce environmental standards shall comment 
on statements within their jurisdiction, expertise, or authority. 
Agencies shall comment within the time period specified for comment in 
Sec. 1506.10. A Federal agency may reply that it has no comment. If a 
cooperating agency is satisfied that its views are adequately reflected 
in the environmental impact statement, it should reply that it has no 
comment.



Sec. 1503.3  Specificity of comments.

    (a) Comments on an environmental impact statement or on a proposed 
action shall be as specific as possible and may address either the 
adequacy of the statement or the merits of the alternatives discussed or 
both.
    (b) When a commenting agency criticizes a lead agency's predictive 
methodology, the commenting agency should describe the alternative 
methodology which it prefers and why.

[[Page 361]]

    (c) A cooperating agency shall specify in its comments whether it 
needs additional information to fulfill other applicable environmental 
reviews or consultation requirements and what information it needs. In 
particular, it shall specify any additional information it needs to 
comment adequately on the draft statement's analysis of significant 
site-specific effects associated with the granting or approving by that 
cooperating agency of necessary Federal permits, licenses, or 
entitlements.
    (d) When a cooperating agency with jurisdiction by law objects to or 
expresses reservations about the proposal on grounds of environmental 
impacts, the agency expressing the objection or reservation shall 
specify the mitigation measures it considers necessary to allow the 
agency to grant or approve applicable permit, license, or related 
requirements or concurrences.



Sec. 1503.4  Response to comments.

    (a) An agency preparing a final environmental impact statement shall 
assess and consider comments both individually and collectively, and 
shall respond by one or more of the means listed below, stating its 
response in the final statement. Possible responses are to:
    (1) Modify alternatives including the proposed action.
    (2) Develop and evaluate alternatives not previously given serious 
consideration by the agency.
    (3) Supplement, improve, or modify its analyses.
    (4) Make factual corrections.
    (5) Explain why the comments do not warrant further agency response, 
citing the sources, authorities, or reasons which support the agency's 
position and, if appropriate, indicate those circumstances which would 
trigger agency reappraisal or further response.
    (b) All substantive comments received on the draft statement (or 
summaries thereof where the response has been exceptionally voluminous), 
should be attached to the final statement whether or not the comment is 
thought to merit individual discussion by the agency in the text of the 
statement.
    (c) If changes in response to comments are minor and are confined to 
the responses described in paragraphs (a)(4) and (5) of this section, 
agencies may write them on errata sheets and attach them to the 
statement instead of rewriting the draft statement. In such cases only 
the comments, the responses, and the changes and not the final statement 
need be circulated (Sec. 1502.19). The entire document with a new cover 
sheet shall be filed as the final statement (Sec. 1506.9).



PART 1504--PREDECISION REFERRALS TO THE COUNCIL OF PROPOSED FEDERAL ACTIONS DETERMINED TO BE ENVIRONMENTALLY UNSATISFACTORY--Table of Contents




Sec.
1504.1  Purpose.
1504.2  Criteria for referral.
1504.3  Procedure for referrals and response.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).



Sec. 1504.1  Purpose.

    (a) This part establishes procedures for referring to the Council 
Federal interagency disagreements concerning proposed major Federal 
actions that might cause unsatisfactory environmental effects. It 
provides means for early resolution of such disagreements.
    (b) Under section 309 of the Clean Air Act (42 U.S.C. 7609), the 
Administrator of the Environmental Protection Agency is directed to 
review and comment publicly on the environmental impacts of Federal 
activities, including actions for which environmental impact statements 
are prepared. If after this review the Administrator determines that the 
matter is ``unsatisfactory from the standpoint of public health or 
welfare or environmental quality,'' section 309 directs that the matter 
be referred to the Council (hereafter ``environmental referrals'').
    (c) Under section 102(2)(C) of the Act other Federal agencies may 
make similar reviews of environmental impact statements, including 
judgments on the acceptability of anticipated environmental impacts. 
These reviews

[[Page 362]]

must be made available to the President, the Council and the public.

[43 FR 55998, Nov. 29, 1978]



Sec. 1504.2  Criteria for referral.

    Environmental referrals should be made to the Council only after 
concerted, timely (as early as possible in the process), but 
unsuccessful attempts to resolve differences with the lead agency. In 
determining what environmental objections to the matter are appropriate 
to refer to the Council, an agency should weigh potential adverse 
environmental impacts, considering:
    (a) Possible violation of national environmental standards or 
policies.
    (b) Severity.
    (c) Geographical scope.
    (d) Duration.
    (e) Importance as precedents.
    (f) Availability of environmentally preferable alternatives.

[43 FR 55998, Nov. 29, 1978]



Sec. 1504.3  Procedure for referrals and response.

    (a) A Federal agency making the referral to the Council shall:
    (1) Advise the lead agency at the earliest possible time that it 
intends to refer a matter to the Council unless a satisfactory agreement 
is reached.
    (2) Include such advice in the referring agency's comments on the 
draft environmental impact statement, except when the statement does not 
contain adequate information to permit an assessment of the matter's 
environmental acceptability.
    (3) Identify any essential information that is lacking and request 
that it be made available at the earliest possible time.
    (4) Send copies of such advice to the Council.
    (b) The referring agency shall deliver its referral to the Council 
not later than twenty-five (25) days after the final environmental 
impact statement has been made available to the Environmental Protection 
Agency, commenting agencies, and the public. Except when an extension of 
this period has been granted by the lead agency, the Council will not 
accept a referral after that date.
    (c) The referral shall consist of:
    (1) A copy of the letter signed by the head of the referring agency 
and delivered to the lead agency informing the lead agency of the 
referral and the reasons for it, and requesting that no action be taken 
to implement the matter until the Council acts upon the referral. The 
letter shall include a copy of the statement referred to in (c)(2) of 
this section.
    (2) A statement supported by factual evidence leading to the 
conclusion that the matter is unsatisfactory from the standpoint of 
public health or welfare or environmental quality. The statement shall:
    (i) Identify any material facts in controversy and incorporate (by 
reference if appropriate) agreed upon facts,
    (ii) Identify any existing environmental requirements or policies 
which would be violated by the matter,
    (iii) Present the reasons why the referring agency believes the 
matter is environmentally unsatisfactory,
    (iv) Contain a finding by the agency whether the issue raised is of 
national importance because of the threat to national environmental 
resources or policies or for some other reason,
    (v) Review the steps taken by the referring agency to bring its 
concerns to the attention of the lead agency at the earliest possible 
time, and
    (vi) Give the referring agency's recommendations as to what 
mitigation alternative, further study, or other course of action 
(including abandonment of the matter) are necessary to remedy the 
situation.
    (d) Not later than twenty-five (25) days after the referral to the 
Council the lead agency may deliver a response to the Council, and the 
referring agency. If the lead agency requests more time and gives 
assurance that the matter will not go forward in the interim, the 
Council may grant an extension. The response shall:
    (1) Address fully the issues raised in the referral.
    (2) Be supported by evidence.
    (3) Give the lead agency's response to the referring agency's 
recommendations.
    (e) Interested persons (including the applicant) may deliver their 
views in writing to the Council. Views in support of the referral should 
be delivered

[[Page 363]]

not later than the referral. Views in support of the response shall be 
delivered not later than the response.
    (f) Not later than twenty-five (25) days after receipt of both the 
referral and any response or upon being informed that there will be no 
response (unless the lead agency agrees to a longer time), the Council 
may take one or more of the following actions:
    (1) Conclude that the process of referral and response has 
successfully resolved the problem.
    (2) Initiate discussions with the agencies with the objective of 
mediation with referring and lead agencies.
    (3) Hold public meetings or hearings to obtain additional views and 
information.
    (4) Determine that the issue is not one of national importance and 
request the referring and lead agencies to pursue their decision 
process.
    (5) Determine that the issue should be further negotiated by the 
referring and lead agencies and is not appropriate for Council 
consideration until one or more heads of agencies report to the Council 
that the agencies' disagreements are irreconcilable.
    (6) Publish its findings and recommendations (including where 
appropriate a finding that the submitted evidence does not support the 
position of an agency).
    (7) When appropriate, submit the referral and the response together 
with the Council's recommendation to the President for action.
    (g) The Council shall take no longer than 60 days to complete the 
actions specified in paragraph (f)(2), (3), or (5) of this section.
    (h) When the referral involves an action required by statute to be 
determined on the record after opportunity for agency hearing, the 
referral shall be conducted in a manner consistent with 5 U.S.C. 557(d) 
(Administrative Procedure Act).

[43 FR 55998, Nov. 29, 1978; 44 FR 873, Jan. 3, 1979]



PART 1505--NEPA AND AGENCY DECISIONMAKING--Table of Contents




Sec.
1505.1  Agency decisionmaking procedures.
1505.2  Record of decision in cases requiring environmental impact 
          statements.
1505.3  Implementing the decision.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 55999, Nov. 29, 1978, unless otherwise noted.



Sec. 1505.1  Agency decisionmaking procedures.

    Agencies shall adopt procedures (Sec. 1507.3) to ensure that 
decisions are made in accordance with the policies and purposes of the 
Act. Such procedures shall include but not be limited to:
    (a) Implementing procedures under section 102(2) to achieve the 
requirements of sections 101 and 102(1).
    (b) Designating the major decision points for the agency's principal 
programs likely to have a significant effect on the human environment 
and assuring that the NEPA process corresponds with them.
    (c) Requiring that relevant environmental documents, comments, and 
responses be part of the record in formal rulemaking or adjudicatory 
proceedings.
    (d) Requiring that relevant environmental documents, comments, and 
responses accompany the proposal through existing agency review 
processes so that agency officials use the statement in making 
decisions.
    (e) Requiring that the alternatives considered by the decisionmaker 
are encompassed by the range of alternatives discussed in the relevant 
environmental documents and that the decisionmaker consider the 
alternatives described in the environmental impact statement. If another 
decision document accompanies the relevant environmental documents to 
the decisionmaker, agencies are encouraged to make available to the 
public before the decision is made any part of that document that 
relates to the comparison of alternatives.

[[Page 364]]



Sec. 1505.2  Record of decision in cases requiring environmental impact statements.

    At the time of its decision (Sec. 1506.10) or, if appropriate, its 
recommendation to Congress, each agency shall prepare a concise public 
record of decision. The record, which may be integrated into any other 
record prepared by the agency, including that required by OMB Circular 
A-95 (Revised), part I, sections 6(c) and (d), and part II, section 
5(b)(4), shall:
    (a) State what the decision was.
    (b) Identify all alternatives considered by the agency in reaching 
its decision, specifying the alternative or alternatives which were 
considered to be environmentally preferable. An agency may discuss 
preferences among alternatives based on relevant factors including 
economic and technical considerations and agency statutory missions. An 
agency shall identify and discuss all such factors including any 
essential considerations of national policy which were balanced by the 
agency in making its decision and state how those considerations entered 
into its decision.
    (c) State whether all practicable means to avoid or minimize 
environmental harm from the alternative selected have been adopted, and 
if not, why they were not. A monitoring and enforcement program shall be 
adopted and summarized where applicable for any mitigation.



Sec. 1505.3  Implementing the decision.

    Agencies may provide for monitoring to assure that their decisions 
are carried out and should do so in important cases. Mitigation 
(Sec. 1505.2(c)) and other conditions established in the environmental 
impact statement or during its review and committed as part of the 
decision shall be implemented by the lead agency or other appropriate 
consenting agency. The lead agency shall:
    (a) Include appropriate conditions in grants, permits or other 
approvals.
    (b) Condition funding of actions on mitigation.
    (c) Upon request, inform cooperating or commenting agencies on 
progress in carrying out mitigation measures which they have proposed 
and which were adopted by the agency making the decision.
    (d) Upon request, make available to the public the results of 
relevant monitoring.



PART 1506--OTHER REQUIREMENTS OF NEPA--Table of Contents




Sec.
1506.1  Limitations on actions during NEPA process.
1506.2  Elimination of duplication with State and local procedures.
1506.3  Adoption.
1506.4  Combining documents.
1506.5  Agency responsibility.
1506.6  Public involvement.
1506.7  Further guidance.
1506.8  Proposals for legislation.
1506.9  Filing requirements.
1506.10  Timing of agency action.
1506.11  Emergencies.
1506.12  Effective date.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 56000, Nov. 29, 1978, unless otherwise noted.



Sec. 1506.1  Limitations on actions during NEPA process.

    (a) Until an agency issues a record of decision as provided in 
Sec. 1505.2 (except as provided in paragraph (c) of this section), no 
action concerning the proposal shall be taken which would:
    (1) Have an adverse environmental impact; or
    (2) Limit the choice of reasonable alternatives.
    (b) If any agency is considering an application from a non-Federal 
entity, and is aware that the applicant is about to take an action 
within the agency's jurisdiction that would meet either of the criteria 
in paragraph (a) of this section, then the agency shall promptly notify 
the applicant that the agency will take appropriate action to insure 
that the objectives and procedures of NEPA are achieved.
    (c) While work on a required program environmental impact statement 
is in progress and the action is not covered by an existing program 
statement,

[[Page 365]]

agencies shall not undertake in the interim any major Federal action 
covered by the program which may significantly affect the quality of the 
human environment unless such action:
    (1) Is justified independently of the program;
    (2) Is itself accompanied by an adequate environmental impact 
statement; and
    (3) Will not prejudice the ultimate decision on the program. Interim 
action prejudices the ultimate decision on the program when it tends to 
determine subsequent development or limit alternatives.
    (d) This section does not preclude development by applicants of 
plans or designs or performance of other work necessary to support an 
application for Federal, State or local permits or assistance. Nothing 
in this section shall preclude Rural Electrification Administration 
approval of minimal expenditures not affecting the environment (e.g. 
long leadtime equipment and purchase options) made by non-governmental 
entities seeking loan guarantees from the Administration.



Sec. 1506.2  Elimination of duplication with State and local procedures.

    (a) Agencies authorized by law to cooperate with State agencies of 
statewide jurisdiction pursuant to section 102(2)(D) of the Act may do 
so.
    (b) Agencies shall cooperate with State and local agencies to the 
fullest extent possible to reduce duplication between NEPA and State and 
local requirements, unless the agencies are specifically barred from 
doing so by some other law. Except for cases covered by paragraph (a) of 
this section, such cooperation shall to the fullest extent possible 
include:
    (1) Joint planning processes.
    (2) Joint environmental research and studies.
    (3) Joint public hearings (except where otherwise provided by 
statute).
    (4) Joint environmental assessments.
    (c) Agencies shall cooperate with State and local agencies to the 
fullest extent possible to reduce duplication between NEPA and 
comparable State and local requirements, unless the agencies are 
specifically barred from doing so by some other law. Except for cases 
covered by paragraph (a) of this section, such cooperation shall to the 
fullest extent possible include joint environmental impact statements. 
In such cases one or more Federal agencies and one or more State or 
local agencies shall be joint lead agencies. Where State laws or local 
ordinances have environmental impact statement requirements in addition 
to but not in conflict with those in NEPA, Federal agencies shall 
cooperate in fulfilling these requirements as well as those of Federal 
laws so that one document will comply with all applicable laws.
    (d) To better integrate environmental impact statements into State 
or local planning processes, statements shall discuss any inconsistency 
of a proposed action with any approved State or local plan and laws 
(whether or not federally sanctioned). Where an inconsistency exists, 
the statement should describe the extent to which the agency would 
reconcile its proposed action with the plan or law.



Sec. 1506.3  Adoption.

    (a) An agency may adopt a Federal draft or final environmental 
impact statement or portion thereof provided that the statement or 
portion thereof meets the standards for an adequate statement under 
these regulations.
    (b) If the actions covered by the original environmental impact 
statement and the proposed action are substantially the same, the agency 
adopting another agency's statement is not required to recirculate it 
except as a final statement. Otherwise the adopting agency shall treat 
the statement as a draft and recirculate it (except as provided in 
paragraph (c) of this section).
    (c) A cooperating agency may adopt without recirculating the 
environmental impact statement of a lead agency when, after an 
independent review of the statement, the cooperating agency concludes 
that its comments and suggestions have been satisfied.
    (d) When an agency adopts a statement which is not final within the 
agency that prepared it, or when the action it assesses is the subject 
of a referral under part 1504, or when the statement's adequacy is the 
subject of

[[Page 366]]

a judicial action which is not final, the agency shall so specify.



Sec. 1506.4  Combining documents.

    Any environmental document in compliance with NEPA may be combined 
with any other agency document to reduce duplication and paperwork.



Sec. 1506.5  Agency responsibility.

    (a) Information. If an agency requires an applicant to submit 
environmental information for possible use by the agency in preparing an 
environmental impact statement, then the agency should assist the 
applicant by outlining the types of information required. The agency 
shall independently evaluate the information submitted and shall be 
responsible for its accuracy. If the agency chooses to use the 
information submitted by the applicant in the environmental impact 
statement, either directly or by reference, then the names of the 
persons responsible for the independent evaluation shall be included in 
the list of preparers (Sec. 1502.17). It is the intent of this paragraph 
that acceptable work not be redone, but that it be verified by the 
agency.
    (b) Environmental assessments. If an agency permits an applicant to 
prepare an environmental assessment, the agency, besides fulfilling the 
requirements of paragraph (a) of this section, shall make its own 
evaluation of the environmental issues and take responsibility for the 
scope and content of the environmental assessment.
    (c) Environmental impact statements. Except as provided in 
Secs. 1506.2 and 1506.3 any environmental impact statement prepared 
pursuant to the requirements of NEPA shall be prepared directly by or by 
a contractor selected by the lead agency or where appropriate under 
Sec. 1501.6(b), a cooperating agency. It is the intent of these 
regulations that the contractor be chosen solely by the lead agency, or 
by the lead agency in cooperation with cooperating agencies, or where 
appropriate by a cooperating agency to avoid any conflict of interest. 
Contractors shall execute a disclosure statement prepared by the lead 
agency, or where appropriate the cooperating agency, specifying that 
they have no financial or other interest in the outcome of the project. 
If the document is prepared by contract, the responsible Federal 
official shall furnish guidance and participate in the preparation and 
shall independently evaluate the statement prior to its approval and 
take responsibility for its scope and contents. Nothing in this section 
is intended to prohibit any agency from requesting any person to submit 
information to it or to prohibit any person from submitting information 
to any agency.



Sec. 1506.6  Public involvement.

    Agencies shall:
    (a) Make diligent efforts to involve the public in preparing and 
implementing their NEPA procedures.
    (b) Provide public notice of NEPA-related hearings, public meetings, 
and the availability of environmental documents so as to inform those 
persons and agencies who may be interested or affected.
    (1) In all cases the agency shall mail notice to those who have 
requested it on an individual action.
    (2) In the case of an action with effects of national concern notice 
shall include publication in the Federal Register and notice by mail to 
national organizations reasonably expected to be interested in the 
matter and may include listing in the 102 Monitor. An agency engaged in 
rulemaking may provide notice by mail to national organizations who have 
requested that notice regularly be provided. Agencies shall maintain a 
list of such organizations.
    (3) In the case of an action with effects primarily of local concern 
the notice may include:
    (i) Notice to State and areawide clearinghouses pursuant to OMB 
Circular A-95 (Revised).
    (ii) Notice to Indian tribes when effects may occur on reservations.
    (iii) Following the affected State's public notice procedures for 
comparable actions.
    (iv) Publication in local newspapers (in papers of general 
circulation rather than legal papers).
    (v) Notice through other local media.
    (vi) Notice to potentially interested community organizations 
including small business associations.

[[Page 367]]

    (vii) Publication in newsletters that may be expected to reach 
potentially interested persons.
    (viii) Direct mailing to owners and occupants of nearby or affected 
property.
    (ix) Posting of notice on and off site in the area where the action 
is to be located.
    (c) Hold or sponsor public hearings or public meetings whenever 
appropriate or in accordance with statutory requirements applicable to 
the agency. Criteria shall include whether there is:
    (1) Substantial environmental controversy concerning the proposed 
action or substantial interest in holding the hearing.
    (2) A request for a hearing by another agency with jurisdiction over 
the action supported by reasons why a hearing will be helpful. If a 
draft environmental impact statement is to be considered at a public 
hearing, the agency should make the statement available to the public at 
least 15 days in advance (unless the purpose of the hearing is to 
provide information for the draft environmental impact statement).
    (d) Solicit appropriate information from the public.
    (e) Explain in its procedures where interested persons can get 
information or status reports on environmental impact statements and 
other elements of the NEPA process.
    (f) Make environmental impact statements, the comments received, and 
any underlying documents available to the public pursuant to the 
provisions of the Freedom of Information Act (5 U.S.C. 552), without 
regard to the exclusion for interagency memoranda where such memoranda 
transmit comments of Federal agencies on the environmental impact of the 
proposed action. Materials to be made available to the public shall be 
provided to the public without charge to the extent practicable, or at a 
fee which is not more than the actual costs of reproducing copies 
required to be sent to other Federal agencies, including the Council.



Sec. 1506.7  Further guidance.

    The Council may provide further guidance concerning NEPA and its 
procedures including:
    (a) A handbook which the Council may supplement from time to time, 
which shall in plain language provide guidance and instructions 
concerning the application of NEPA and these regulations.
    (b) Publication of the Council's Memoranda to Heads of Agencies.
    (c) In conjunction with the Environmental Protection Agency and the 
publication of the 102 Monitor, notice of:
    (1) Research activities;
    (2) Meetings and conferences related to NEPA; and
    (3) Successful and innovative procedures used by agencies to 
implement NEPA.



Sec. 1506.8  Proposals for legislation.

    (a) The NEPA process for proposals for legislation (Sec. 1508.17) 
significantly affecting the quality of the human environment shall be 
integrated with the legislative process of the Congress. A legislative 
environmental impact statement is the detailed statement required by law 
to be included in a recommendation or report on a legislative proposal 
to Congress. A legislative environmental impact statement shall be 
considered part of the formal transmittal of a legislative proposal to 
Congress; however, it may be transmitted to Congress up to 30 days later 
in order to allow time for completion of an accurate statement which can 
serve as the basis for public and Congressional debate. The statement 
must be available in time for Congressional hearings and deliberations.
    (b) Preparation of a legislative environmental impact statement 
shall conform to the requirements of these regulations except as 
follows:
    (1) There need not be a scoping process.
    (2) The legislative statement shall be prepared in the same manner 
as a draft statement, but shall be considered the ``detailed statement'' 
required by statute; Provided, That when any of the following conditions 
exist both the draft and final environmental impact statement on the 
legislative proposal shall be prepared and circulated as provided by 
Secs. 1503.1 and 1506.10.
    (i) A Congressional Committee with jurisdiction over the proposal 
has a

[[Page 368]]

rule requiring both draft and final environmental impact statements.
    (ii) The proposal results from a study process required by statute 
(such as those required by the Wild and Scenic Rivers Act (16 U.S.C. 
1271 et seq.) and the Wilderness Act (16 U.S.C. 1131 et seq.)).
    (iii) Legislative approval is sought for Federal or federally 
assisted construction or other projects which the agency recommends be 
located at specific geographic locations. For proposals requiring an 
environmental impact statement for the acquisition of space by the 
General Services Administration, a draft statement shall accompany the 
Prospectus or the 11(b) Report of Building Project Surveys to the 
Congress, and a final statement shall be completed before site 
acquisition.
    (iv) The agency decides to prepare draft and final statements.
    (c) Comments on the legislative statement shall be given to the lead 
agency which shall forward them along with its own responses to the 
Congressional committees with jurisdiction.



Sec. 1506.9  Filing requirements.

    Environmental impact statements together with comments and responses 
shall be filed with the Environmental Protection Agency, attention 
Office of Federal Activities (A-104), 401 M Street SW., Washington, DC 
20460. Statements shall be filed with EPA no earlier than they are also 
transmitted to commenting agencies and made available to the public. EPA 
shall deliver one copy of each statement to the Council, which shall 
satisfy the requirement of availability to the President. EPA may issue 
guidelines to agencies to implement its responsibilities under this 
section and Sec. 1506.10.



Sec. 1506.10  Timing of agency action.

    (a) The Environmental Protection Agency shall publish a notice in 
the Federal Register each week of the environmental impact statements 
filed during the preceding week. The minimum time periods set forth in 
this section shall be calculated from the date of publication of this 
notice.
    (b) No decision on the proposed action shall be made or recorded 
under Sec. 1505.2 by a Federal agency until the later of the following 
dates:
    (1) Ninety (90) days after publication of the notice described above 
in paragraph (a) of this section for a draft environmental impact 
statement.
    (2) Thirty (30) days after publication of the notice described above 
in paragraph (a) of this section for a final environmental impact 
statement.

An exception to the rules on timing may be made in the case of an agency 
decision which is subject to a formal internal appeal. Some agencies 
have a formally established appeal process which allows other agencies 
or the public to take appeals on a decision and make their views known, 
after publication of the final environmental impact statement. In such 
cases, where a real opportunity exists to alter the decision, the 
decision may be made and recorded at the same time the environmental 
impact statement is published. This means that the period for appeal of 
the decision and the 30-day period prescribed in paragraph (b)(2) of 
this section may run concurrently. In such cases the environmental 
impact statement shall explain the timing and the public's right of 
appeal. An agency engaged in rulemaking under the Administrative 
Procedure Act or other statute for the purpose of protecting the public 
health or safety, may waive the time period in paragraph (b)(2) of this 
section and publish a decision on the final rule simultaneously with 
publication of the notice of the availability of the final environmental 
impact statement as described in paragraph (a) of this section.
    (c) If the final environmental impact statement is filed within 
ninety (90) days after a draft environmental impact statement is filed 
with the Environmental Protection Agency, the minimum thirty (30) day 
period and the minimum ninety (90) day period may run concurrently. 
However, subject to paragraph (d) of this section agencies shall allow 
not less than 45 days for comments on draft statements.
    (d) The lead agency may extend prescribed periods. The Environmental 
Protection Agency may upon a showing by the lead agency of compelling 
reasons of national policy reduce the prescribed periods and may upon a

[[Page 369]]

showing by any other Federal agency of compelling reasons of national 
policy also extend prescribed periods, but only after consultation with 
the lead agency. (Also see Sec. 1507.3(d).) Failure to file timely 
comments shall not be a sufficient reason for extending a period. If the 
lead agency does not concur with the extension of time, EPA may not 
extend it for more than 30 days. When the Environmental Protection 
Agency reduces or extends any period of time it shall notify the 
Council.

[43 FR 56000, Nov. 29, 1978; 44 FR 874, Jan. 3, 1979]



Sec. 1506.11  Emergencies.

    Where emergency circumstances make it necessary to take an action 
with significant environmental impact without observing the provisions 
of these regulations, the Federal agency taking the action should 
consult with the Council about alternative arrangements. Agencies and 
the Council will limit such arrangements to actions necessary to control 
the immediate impacts of the emergency. Other actions remain subject to 
NEPA review.



Sec. 1506.12  Effective date.

    The effective date of these regulations is July 30, 1979, except 
that for agencies that administer programs that qualify under section 
102(2)(D) of the Act or under section 104(h) of the Housing and 
Community Development Act of 1974 an additional four months shall be 
allowed for the State or local agencies to adopt their implementing 
procedures.
    (a) These regulations shall apply to the fullest extent practicable 
to ongoing activities and environmental documents begun before the 
effective date. These regulations do not apply to an environmental 
impact statement or supplement if the draft statement was filed before 
the effective date of these regulations. No completed environmental 
documents need be redone by reasons of these regulations. Until these 
regulations are applicable, the Council's guidelines published in the 
Federal Register of August 1, 1973, shall continue to be applicable. In 
cases where these regulations are applicable the guidelines are 
superseded. However, nothing shall prevent an agency from proceeding 
under these regulations at an earlier time.
    (b) NEPA shall continue to be applicable to actions begun before 
January 1, 1970, to the fullest extent possible.



PART 1507--AGENCY COMPLIANCE--Table of Contents




Sec.
1507.1  Compliance.
1507.2  Agency capability to comply.
1507.3  Agency procedures.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 56002, Nov. 29, 1978, unless otherwise noted.



Sec. 1507.1  Compliance.

    All agencies of the Federal Government shall comply with these 
regulations. It is the intent of these regulations to allow each agency 
flexibility in adapting its implementing procedures authorized by 
Sec. 1507.3 to the requirements of other applicable laws.



Sec. 1507.2  Agency capability to comply.

    Each agency shall be capable (in terms of personnel and other 
resources) of complying with the requirements enumerated below. Such 
compliance may include use of other's resources, but the using agency 
shall itself have sufficient capability to evaluate what others do for 
it. Agencies shall:
    (a) Fulfill the requirements of section 102(2)(A) of the Act to 
utilize a systematic, interdisciplinary approach which will insure the 
integrated use of the natural and social sciences and the environmental 
design arts in planning and in decisionmaking which may have an impact 
on the human environment. Agencies shall designate a person to be 
responsible for overall review of agency NEPA compliance.
    (b) Identify methods and procedures required by section 102(2)(B) to 
insure that presently unquantified environmental amenities and values 
may be given appropriate consideration.
    (c) Prepare adequate environmental impact statements pursuant to 
section 102(2)(C) and comment on statements

[[Page 370]]

in the areas where the agency has jurisdiction by law or special 
expertise or is authorized to develop and enforce environmental 
standards.
    (d) Study, develop, and describe alternatives to recommended courses 
of action in any proposal which involves unresolved conflicts concerning 
alternative uses of available resources. This requirement of section 
102(2)(E) extends to all such proposals, not just the more limited scope 
of section 102(2)(C)(iii) where the discussion of alternatives is 
confined to impact statements.
    (e) Comply with the requirements of section 102(2)(H) that the 
agency initiate and utilize ecological information in the planning and 
development of resource-oriented projects.
    (f) Fulfill the requirements of sections 102(2)(F), 102(2)(G), and 
102(2)(I), of the Act and of Executive Order 11514, Protection and 
Enhancement of Environmental Quality, Sec. 2.



Sec. 1507.3  Agency procedures.

    (a) Not later than eight months after publication of these 
regulations as finally adopted in the Federal Register, or five months 
after the establishment of an agency, whichever shall come later, each 
agency shall as necessary adopt procedures to supplement these 
regulations. When the agency is a department, major subunits are 
encouraged (with the consent of the department) to adopt their own 
procedures. Such procedures shall not paraphrase these regulations. They 
shall confine themselves to implementing procedures. Each agency shall 
consult with the Council while developing its procedures and before 
publishing them in the Federal Register for comment. Agencies with 
similar programs should consult with each other and the Council to 
coordinate their procedures, especially for programs requesting similar 
information from applicants. The procedures shall be adopted only after 
an opportunity for public review and after review by the Council for 
conformity with the Act and these regulations. The Council shall 
complete its review within 30 days. Once in effect they shall be filed 
with the Council and made readily available to the public. Agencies are 
encouraged to publish explanatory guidance for these regulations and 
their own procedures. Agencies shall continue to review their policies 
and procedures and in consultation with the Council to revise them as 
necessary to ensure full compliance with the purposes and provisions of 
the Act.
    (b) Agency procedures shall comply with these regulations except 
where compliance would be inconsistent with statutory requirements and 
shall include:
    (1) Those procedures required by Secs. 1501.2(d), 1502.9(c)(3), 
1505.1, 1506.6(e), and 1508.4.
    (2) Specific criteria for and identification of those typical 
classes of action:
    (i) Which normally do require environmental impact statements.
    (ii) Which normally do not require either an environmental impact 
statement or an environmental assessment (categorical exclusions 
(Sec. 1508.4)).
    (iii) Which normally require environmental assessments but not 
necessarily environmental impact statements.
    (c) Agency procedures may include specific criteria for providing 
limited exceptions to the provisions of these regulations for classified 
proposals. They are proposed actions which are specifically authorized 
under criteria established by an Executive Order or statute to be kept 
secret in the interest of national defense or foreign policy and are in 
fact properly classified pursuant to such Executive Order or statute. 
Environmental assessments and environmental impact statements which 
address classified proposals may be safeguarded and restricted from 
public dissemination in accordance with agencies' own regulations 
applicable to classified information. These documents may be organized 
so that classified portions can be included as annexes, in order that 
the unclassified portions can be made available to the public.
    (d) Agency procedures may provide for periods of time other than 
those presented in Sec. 1506.10 when necessary to comply with other 
specific statutory requirements.
    (e) Agency procedures may provide that where there is a lengthy 
period between the agency's decision to prepare an environmental impact 
statement

[[Page 371]]

and the time of actual preparation, the notice of intent required by 
Sec. 1501.7 may be published at a reasonable time in advance of 
preparation of the draft statement.



PART 1508--TERMINOLOGY AND INDEX--Table of Contents




Sec.
1508.1  Terminology.
1508.2  Act.
1508.3  Affecting.
1508.4  Categorical exclusion.
1508.5  Cooperating agency.
1508.6  Council.
1508.7  Cumulative impact.
1508.8  Effects.
1508.9  Environmental assessment.
1508.10  Environmental document.
1508.11  Environmental impact statement.
1508.12  Federal agency.
1508.13  Finding of no significant impact.
1508.14  Human environment.
1508.15  Jurisdiction by law.
1508.16  Lead agency.
1508.17  Legislation.
1508.18  Major Federal action.
1508.19  Matter.
1508.20  Mitigation.
1508.21  NEPA process.
1508.22  Notice of intent.
1508.23  Proposal.
1508.24  Referring agency.
1508.25  Scope.
1508.26  Special expertise.
1508.27  Significantly.
1508.28  Tiering.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 56003, Nov. 29, 1978, unless otherwise noted.



Sec. 1508.1  Terminology.

    The terminology of this part shall be uniform throughout the Federal 
Government.



Sec. 1508.2  Act.

    Act means the National Environmental Policy Act, as amended (42 
U.S.C. 4321, et seq.) which is also referred to as ``NEPA.''



Sec. 1508.3  Affecting.

    Affecting means will or may have an effect on.



Sec. 1508.4  Categorical exclusion.

    Categorical exclusion means a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment and which have been found to have no such effect in 
procedures adopted by a Federal agency in implementation of these 
regulations (Sec. 1507.3) and for which, therefore, neither an 
environmental assessment nor an environmental impact statement is 
required. An agency may decide in its procedures or otherwise, to 
prepare environmental assessments for the reasons stated in Sec. 1508.9 
even though it is not required to do so. Any procedures under this 
section shall provide for extraordinary circumstances in which a 
normally excluded action may have a significant environmental effect.



Sec. 1508.5  Cooperating agency.

    Cooperating agency means any Federal agency other than a lead agency 
which has jurisdiction by law or special expertise with respect to any 
environmental impact involved in a proposal (or a reasonable 
alternative) for legislation or other major Federal action significantly 
affecting the quality of the human environment. The selection and 
responsibilities of a cooperating agency are described in Sec. 1501.6. A 
State or local agency of similar qualifications or, when the effects are 
on a reservation, an Indian Tribe, may by agreement with the lead agency 
become a cooperating agency.



Sec. 1508.6  Council.

    Council means the Council on Environmental Quality established by 
title II of the Act.



Sec. 1508.7  Cumulative impact.

    Cumulative impact is the impact on the environment which results 
from the incremental impact of the action when added to other past, 
present, and reasonably foreseeable future actions regardless of what 
agency (Federal or non-Federal) or person undertakes such other actions. 
Cumulative impacts can result from individually minor but collectively 
significant actions taking place over a period of time.

[[Page 372]]



Sec. 1508.8  Effects.

    Effects include:
    (a) Direct effects, which are caused by the action and occur at the 
same time and place.
    (b) Indirect effects, which are caused by the action and are later 
in time or farther removed in distance, but are still reasonably 
foreseeable. Indirect effects may include growth inducing effects and 
other effects related to induced changes in the pattern of land use, 
population density or growth rate, and related effects on air and water 
and other natural systems, including ecosystems.

Effects and impacts as used in these regulations are synonymous. Effects 
includes ecological (such as the effects on natural resources and on the 
components, structures, and functioning of affected ecosystems), 
aesthetic, historic, cultural, economic, social, or health, whether 
direct, indirect, or cumulative. Effects may also include those 
resulting from actions which may have both beneficial and detrimental 
effects, even if on balance the agency believes that the effect will be 
beneficial.



Sec. 1508.9  Environmental assessment.

    Environmental assessment:
    (a) Means a concise public document for which a Federal agency is 
responsible that serves to:
    (1) Briefly provide sufficient evidence and analysis for determining 
whether to prepare an environmental impact statement or a finding of no 
significant impact.
    (2) Aid an agency's compliance with the Act when no environmental 
impact statement is necessary.
    (3) Facilitate preparation of a statement when one is necessary.
    (b) Shall include brief discussions of the need for the proposal, of 
alternatives as required by section 102(2)(E), of the environmental 
impacts of the proposed action and alternatives, and a listing of 
agencies and persons consulted.



Sec. 1508.10  Environmental document.

    Environmental document includes the documents specified in 
Sec. 1508.9 (environmental assessment), Sec. 1508.11 (environmental 
impact statement), Sec. 1508.13 (finding of no significant impact), and 
Sec. 1508.22 (notice of intent).



Sec. 1508.11  Environmental impact statement.

    Environmental impact statement means a detailed written statement as 
required by section 102(2)(C) of the Act.



Sec. 1508.12  Federal agency.

    Federal agency means all agencies of the Federal Government. It does 
not mean the Congress, the Judiciary, or the President, including the 
performance of staff functions for the President in his Executive 
Office. It also includes for purposes of these regulations States and 
units of general local government and Indian tribes assuming NEPA 
responsibilities under section 104(h) of the Housing and Community 
Development Act of 1974.



Sec. 1508.13  Finding of no significant impact.

    Finding of no significant impact means a document by a Federal 
agency briefly presenting the reasons why an action, not otherwise 
excluded (Sec. 1508.4), will not have a significant effect on the human 
environment and for which an environmental impact statement therefore 
will not be prepared. It shall include the environmental assessment or a 
summary of it and shall note any other environmental documents related 
to it (Sec. 1501.7(a)(5)). If the assessment is included, the finding 
need not repeat any of the discussion in the assessment but may 
incorporate it by reference.



Sec. 1508.14  Human environment.

    Human environment shall be interpreted comprehensively to include 
the natural and physical environment and the relationship of people with 
that environment. (See the definition of ``effects'' (Sec. 1508.8).) 
This means that economic or social effects are not intended by 
themselves to require preparation of an environmental impact statement. 
When an environmental impact statement is prepared and economic or 
social and natural or physical environmental effects are interrelated, 
then the environmental impact statement

[[Page 373]]

will discuss all of these effects on the human environment.



Sec. 1508.15  Jurisdiction by law.

    Jurisdiction by law means agency authority to approve, veto, or 
finance all or part of the proposal.



Sec. 1508.16  Lead agency.

    Lead agency means the agency or agencies preparing or having taken 
primary responsibility for preparing the environmental impact statement.



Sec. 1508.17  Legislation.

    Legislation includes a bill or legislative proposal to Congress 
developed by or with the significant cooperation and support of a 
Federal agency, but does not include requests for appropriations. The 
test for significant cooperation is whether the proposal is in fact 
predominantly that of the agency rather than another source. Drafting 
does not by itself constitute significant cooperation. Proposals for 
legislation include requests for ratification of treaties. Only the 
agency which has primary responsibility for the subject matter involved 
will prepare a legislative environmental impact statement.



Sec. 1508.18  Major Federal action.

    Major Federal action includes actions with effects that may be major 
and which are potentially subject to Federal control and responsibility. 
Major reinforces but does not have a meaning independent of 
significantly (Sec. 1508.27). Actions include the circumstance where the 
responsible officials fail to act and that failure to act is reviewable 
by courts or administrative tribunals under the Administrative Procedure 
Act or other applicable law as agency action.
    (a) Actions include new and continuing activities, including 
projects and programs entirely or partly financed, assisted, conducted, 
regulated, or approved by federal agencies; new or revised agency rules, 
regulations, plans, policies, or procedures; and legislative proposals 
(Secs. 1506.8, 1508.17). Actions do not include funding assistance 
solely in the form of general revenue sharing funds, distributed under 
the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1221 et 
seq., with no Federal agency control over the subsequent use of such 
funds. Actions do not include bringing judicial or administrative civil 
or criminal enforcement actions.
    (b) Federal actions tend to fall within one of the following 
categories:
    (1) Adoption of official policy, such as rules, regulations, and 
interpretations adopted pursuant to the Administrative Procedure Act, 5 
U.S.C. 551 et seq.; treaties and international conventions or 
agreements; formal documents establishing an agency's policies which 
will result in or substantially alter agency programs.
    (2) Adoption of formal plans, such as official documents prepared or 
approved by federal agencies which guide or prescribe alternative uses 
of Federal resources, upon which future agency actions will be based.
    (3) Adoption of programs, such as a group of concerted actions to 
implement a specific policy or plan; systematic and connected agency 
decisions allocating agency resources to implement a specific statutory 
program or executive directive.
    (4) Approval of specific projects, such as construction or 
management activities located in a defined geographic area. Projects 
include actions approved by permit or other regulatory decision as well 
as federal and federally assisted activities.



Sec. 1508.19  Matter.

    Matter includes for purposes of part 1504:
    (a) With respect to the Environmental Protection Agency, any 
proposed legislation, project, action or regulation as those terms are 
used in section 309(a) of the Clean Air Act (42 U.S.C. 7609).
    (b) With respect to all other agencies, any proposed major federal 
action to which section 102(2)(C) of NEPA applies.



Sec. 1508.20  Mitigation.

    Mitigation includes:
    (a) Avoiding the impact altogether by not taking a certain action or 
parts of an action.
    (b) Minimizing impacts by limiting the degree or magnitude of the 
action and its implementation.

[[Page 374]]

    (c) Rectifying the impact by repairing, rehabilitating, or restoring 
the affected environment.
    (d) Reducing or eliminating the impact over time by preservation and 
maintenance operations during the life of the action.
    (e) Compensating for the impact by replacing or providing substitute 
resources or environments.



Sec. 1508.21  NEPA process.

    NEPA process means all measures necessary for compliance with the 
requirements of section 2 and title I of NEPA.



Sec. 1508.22  Notice of intent.

    Notice of intent means a notice that an environmental impact 
statement will be prepared and considered. The notice shall briefly:
    (a) Describe the proposed action and possible alternatives.
    (b) Describe the agency's proposed scoping process including 
whether, when, and where any scoping meeting will be held.
    (c) State the name and address of a person within the agency who can 
answer questions about the proposed action and the environmental impact 
statement.



Sec. 1508.23  Proposal.

    Proposal exists at that stage in the development of an action when 
an agency subject to the Act has a goal and is actively preparing to 
make a decision on one or more alternative means of accomplishing that 
goal and the effects can be meaningfully evaluated. Preparation of an 
environmental impact statement on a proposal should be timed 
(Sec. 1502.5) so that the final statement may be completed in time for 
the statement to be included in any recommendation or report on the 
proposal. A proposal may exist in fact as well as by agency declaration 
that one exists.



Sec. 1508.24  Referring agency.

    Referring agency means the federal agency which has referred any 
matter to the Council after a determination that the matter is 
unsatisfactory from the standpoint of public health or welfare or 
environmental quality.



Sec. 1508.25  Scope.

    Scope consists of the range of actions, alternatives, and impacts to 
be considered in an environmental impact statement. The scope of an 
individual statement may depend on its relationships to other statements 
(Secs. 1502.20 and 1508.28). To determine the scope of environmental 
impact statements, agencies shall consider 3 types of actions, 3 types 
of alternatives, and 3 types of impacts. They include:
    (a) Actions (other than unconnected single actions) which may be:
    (1) Connected actions, which means that they are closely related and 
therefore should be discussed in the same impact statement. Actions are 
connected if they:
    (i) Automatically trigger other actions which may require 
environmental impact statements.
    (ii) Cannot or will not proceed unless other actions are taken 
previously or simultaneously.
    (iii) Are interdependent parts of a larger action and depend on the 
larger action for their justification.
    (2) Cumulative actions, which when viewed with other proposed 
actions have cumulatively significant impacts and should therefore be 
discussed in the same impact statement.
    (3) Similar actions, which when viewed with other reasonably 
foreseeable or proposed agency actions, have similarities that provide a 
basis for evaluating their environmental consequencies together, such as 
common timing or geography. An agency may wish to analyze these actions 
in the same impact statement. It should do so when the best way to 
assess adequately the combined impacts of similar actions or reasonable 
alternatives to such actions is to treat them in a single impact 
statement.
    (b) Alternatives, which include:
    (1) No action alternative.
    (2) Other reasonable courses of actions.
    (3) Mitigation measures (not in the proposed action).
    (c) Impacts, which may be: (1) Direct; (2) indirect; (3) cumulative.

[[Page 375]]



Sec. 1508.26  Special expertise.

    Special expertise means statutory responsibility, agency mission, or 
related program experience.



Sec. 1508.27  Significantly.

    Significantly as used in NEPA requires considerations of both 
context and intensity:
    (a) Context. This means that the significance of an action must be 
analyzed in several contexts such as society as a whole (human, 
national), the affected region, the affected interests, and the 
locality. Significance varies with the setting of the proposed action. 
For instance, in the case of a site-specific action, significance would 
usually depend upon the effects in the locale rather than in the world 
as a whole. Both short- and long-term effects are relevant.
    (b) Intensity. This refers to the severity of impact. Responsible 
officials must bear in mind that more than one agency may make decisions 
about partial aspects of a major action. The following should be 
considered in evaluating intensity:
    (1) Impacts that may be both beneficial and adverse. A significant 
effect may exist even if the Federal agency believes that on balance the 
effect will be beneficial.
    (2) The degree to which the proposed action affects public health or 
safety.
    (3) Unique characteristics of the geographic area such as proximity 
to historic or cultural resources, park lands, prime farmlands, 
wetlands, wild and scenic rivers, or ecologically critical areas.
    (4) The degree to which the effects on the quality of the human 
environment are likely to be highly controversial.
    (5) The degree to which the possible effects on the human 
environment are highly uncertain or involve unique or unknown risks.
    (6) The degree to which the action may establish a precedent for 
future actions with significant effects or represents a decision in 
principle about a future consideration.
    (7) Whether the action is related to other actions with individually 
insignificant but cumulatively significant impacts. Significance exists 
if it is reasonable to anticipate a cumulatively significant impact on 
the environment. Significance cannot be avoided by terming an action 
temporary or by breaking it down into small component parts.
    (8) The degree to which the action may adversely affect districts, 
sites, highways, structures, or objects listed in or eligible for 
listing in the National Register of Historic Places or may cause loss or 
destruction of significant scientific, cultural, or historical 
resources.
    (9) The degree to which the action may adversely affect an 
endangered or threatened species or its habitat that has been determined 
to be critical under the Endangered Species Act of 1973.
    (10) Whether the action threatens a violation of Federal, State, or 
local law or requirements imposed for the protection of the environment.

[43 FR 56003, Nov. 29, 1978; 44 FR 874, Jan. 3, 1979]



Sec. 1508.28  Tiering.

    Tiering refers to the coverage of general matters in broader 
environmental impact statements (such as national program or policy 
statements) with subsequent narrower statements or environmental 
analyses (such as regional or basinwide program statements or ultimately 
site-specific statements) incorporating by reference the general 
discussions and concentrating solely on the issues specific to the 
statement subsequently prepared. Tiering is appropriate when the 
sequence of statements or analyses is:
    (a) From a program, plan, or policy environmental impact statement 
to a program, plan, or policy statement or analysis of lesser scope or 
to a site-specific statement or analysis.
    (b) From an environmental impact statement on a specific action at 
an early stage (such as need and site selection) to a supplement (which 
is preferred) or a subsequent statement or analysis at a later stage 
(such as environmental mitigation). Tiering in such cases is appropriate 
when it helps the lead agency to focus on the issues which are ripe for 
decision and exclude from consideration issues already decided or not 
yet ripe.

[[Page 376]]



PART 1515--FREEDOM OF INFORMATION ACT PROCEDURES--Table of Contents




                                 Purpose

Sec.
1515.1  What are these procedures?

                           Organization of CEQ

1515.2  What is the Council on Environmental Quality (CEQ)?
1515.3  How is CEQ organized?

                    Procedures for Requesting Records

1515.5  How to make a Freedom of Information Act request.

                       Availability of Information

1515.10  What information is available, and how can it be obtained?

                                  Costs

1515.15  What fees may be charged, and how should they be paid?

    Authority: 5 U.S.C. 552, as amended by Pub. L. 93-502.

    Source: 42 FR 65158, Dec. 30, 1977, unless otherwise noted.

                                 Purpose



Sec. 1515.1  What are these procedures?

    The Freedom of Information Act (5 U.S.C. 552, commonly known as 
FOIA) is a law which creates a procedure for any person to request 
official documents and other records from United States Government 
agencies. The law requires every Federal agency to make available to the 
public the material requested, unless the material falls under one of 
the limited exceptions stated in section 552(b)(5) of the Act, and the 
agency has good reason to refuse the request. These procedures explain 
how the Council on Environmental Quality--one of several offices in the 
Executive Office of the President--will carry out the Freedom of 
Information Act. They are written from the standpoint of a member of the 
public requesting material from the Council.

                           Organization of CEQ



Sec. 1515.2  What is the Council on Environmental Quality (CEQ)?

    (a) The Council on Environmental Quality (``CEQ'' or ``the 
Council'') was created by the National Environmental Policy Act of 1969, 
as amended (42 U.S.C. 4321 through 4347). The Council's authority is 
derived from that Act, the Environmental Quality Improvement Act of 
1970, as amended (42 U.S.C. 4371-4374), Reorganization Plan No. 1 of 
1977 (July 15, 1977), and Executive Order 11514, Protection and 
Enhancement of Environmental Quality, March 5, 1970, as amended by 
Executive Order 11991, May 24, 1977.
    (b) The Council's primary responsibilities include the following:
    (1) To review and evaluate the programs and activities of the 
Federal Government to determine how they are contributing to the 
attainment of the national environmental policy;
    (2) To assist Federal agencies and departments in appraising the 
effectiveness of their existing and proposed facilities, programs, 
policies, and activities affecting environmental quality;
    (3) To develop and recommend to the President policies to improve 
environmental quality to meet the conservation, social, economic, 
health, and other requirements and goals of the Nation;
    (4) To advise and assist the President in achieving international 
cooperation for dealing with environmental problems;
    (5) To assist in coordinating among Federal agencies and departments 
those programs which affect, protect, and improve environmental quality, 
including Federal compliance with the environmental impact statement 
process, and to seek resolution of significant environmental issues;
    (6) To foster research relating to environmental quality and the 
impacts of new or changing technologies; and
    (7) To analyze long and short term environmental problems and trends 
and assist in preparing an annual Environmental Quality Report to the 
President and the Congress.
    (c) The Council maintains a ``Quarterly Index'' which lists its 
current policies and procedures, as required by section 552(a)(2) of the 
Freedom of Information Act. This index is updated and published in the 
Federal Register quarterly, starting in 1976. The Quarterly Index--and 
the specific items listed in the index--are available on request from 
the Freedom of Information Officer. You may also inspect or copy

[[Page 377]]

any of these materials at the Council's office during the hours stated 
below in Sec. 1515.3(f).



Sec. 1515.3  How is CEQ organized?

    (a) The Council is made up of three members appointed by the 
President and subject to approval by the Senate. One member is 
designated as chairman by the President. All three serve in a full-time 
capacity.
    (b) The National Environmental Policy Act and the Environmental 
Quality Improvement Act give the Council the authority to hire any 
officers and staff that may be necessary to carry out responsibilities 
and functions specified in these two Acts. Also, the use of consultants 
and experts is permitted.
    (c) In addition to the three members, the Council has program and 
legal staff.
    (d) The Council has no field or regional offices.
    (e) The Council has a public affairs office which is responsible for 
providing information to the general public, the Congress, and the 
press. If you are interested in general information about the Council or 
have questions about the Council's recent activities or policy 
positions, you should call this office at (202) 633-7005 or write to the 
``Public Affairs Office'' of the Council at the address given in the 
next paragraph.
    Note: The CEQ public affairs office can respond fully and promptly 
to most questions you may have; the Council suggests that the Freedom of 
Information Act procedures be used when you are seeking a specific 
document and have had difficulty obtaining it.
    (f) The Council is located at 722 Jackson Place NW., Washington, DC 
20006. Office hours are 9-5:30, Monday through Friday, except legal 
holidays. If you wish to meet with any of the staff, please write or 
phone ahead for an appointment. The main number is 202-633-7027.

                    Procedures for Requesting Records



Sec. 1515.5  How to make a Freedom of Information Act request.

    (a) The Chairman has appointed a Freedom of Information Officer who 
will be responsible for overseeing the Council's administration of the 
Freedom of Information Act and for receiving, routing, and overseeing 
the processing of all Freedom of Information requests. The Chairman has 
also appointed an Appeals Officer who is responsible for processing any 
appeals.
    (b) Requesting information from the Council. (1) When you make a 
Freedom of Information Act request to the Council, the Freedom of 
Information Officer shall decide how to respond to--or ``make an initial 
determination on''--your request within 10 working days from the date 
the Officer receives the request. The Freedom of Information Officer 
will then provide you with written notification of the determination.
    (2) You can make a Freedom of Information Act request by writing a 
letter which states that you are making a Freedom of Information Act 
request. Address your letter to:

    Freedom of Information Officer, Council on Environmental Quality, 
Executive Office of the President, 722 Jackson Place NW., Washington, DC 
20006.

    (3) In your request you should identify the desired record or 
reasonably describe it. The request should be as specific as possible so 
that the item can be readily found. You should not make blanket 
requests, such as requests for ``the entire file of'' or ``all materials 
relating to'' a specified subject.
    (4) The Council will make a reasonable effort to assist you in 
defining the request to eliminate extraneous and unwanted materials and 
to keep search and copying fees to a minimum. If you have budgetary 
constraints and anticipate that your request might be costly you may 
wish to indicate the maximum fee you are prepared to pay for acquiring 
the information. (See Sec. 1515.15(c) also.)
    (5) The 10 day period for making a determination on a request will 
begin when the records reqested are specified or reasonably 
identifiable.
    (6) Despite its name, the Freedom of Information Act does not 
require a government agency to create or research information that you 
would like or that you may think the agency should have. The Act only 
requres that existing records be made available to the public.

[[Page 378]]

    (c) Council's response to a request. (1) Upon receipt of any request 
under the Act, the Freedom of Information Officer shall direct the 
request to the appropriate staff member at the Council, who will review 
the request and advise the Freedom of Information Officer as soon as 
possible.
    (2) If it is appropriate to grant the request, the staff member will 
immediately collect the requested materials in order to accompany, 
wherever possible, the Freedom of Information Officer's letter notifying 
you of the decision.
    (3) If your request is denied, in part or in full, the letter 
notifying you of the decision will be signed by the Freedom of 
Information Officer, and will include the names of any other individuals 
who participated in the decision. The letter will include the reasons 
for any denial and the procedure for filing an appeal.
    (d) Appeals. (1) If you are not satisfied with the response you have 
received from the Freedom of Information Officer, you may ask the 
Council to reconsider the decision. You should explain what material you 
still wish to receive, and why you believe the Council should disclose 
this to you. This is called an ``appeal.'' You must make you appeal 
within 45 days of the date on the letter which denied your request.
    (2) You can make an appeal by writing a letter to:

FOIA Appeals Officer, Council on Environmental Quality, Executive Office 
of the President, 722 Jackson Place NW., Washington, DC 20006.

    (3) Your letter should specify the records being requested and ask 
the Appeals Officer to review the determination made by the Freedom of 
Information Officer. The letter should explain the basis for the appeal.
    (4) The Appeals Officer shall decide the appeal--or ``make a final 
determination''--within 20 working days from the date the Officer 
receives the appeal. The Appeals Officer (or designee) will send you a 
letter informing you of the decision as soon as it is made. If the 
Appeals Officer denies your request, in part or in whole, the letter 
will also notify you of the provisions for judicial review and the names 
of any persons who participated in the final determination of the 
appeal.
    (e) Extending the Council's time to respond. In unusual 
circumstances, the time limits for response to your request (paragraphs 
(b) and (d) of this section) may be extended by the Council for not more 
than 10 working days. Extensions may be granted by the Freedom of 
Information Officer in the case of initial requests and by the Appeals 
Officer in the case of any appeals. The extension period may be split 
between the initial request and the appeal but may not exceed 10 working 
days overall. Any extension will be made or confirmed to you in writing 
and will set forth the reasons for the extension and the date that the 
final determination is expected. The term ``unusual circumstances'' 
means:

    (i) The need to search for and collect the requested records from * 
* * establishments that are separate from the office processing the 
request;
    (ii) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded in 
a single request; or
    (iii) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the request or among two or more components of the 
agency having substantial subject-matter interest therein.

(5 U.S.C. 552(a)(6)(B))

                       Availability of Information



Sec. 1515.10  What information is available, and how can it be obtained?

    (a) When a request for information has been approved, in whole or in 
part, you may make an appointment to inspect or copy the materials 
requested during regular business hours by writing or telephoning the 
Freedom of Information Officer at the address or phone number given in 
Sec. 1515.3(f). You may be charged reasonable fees for copying 
materials, as explained by Sec. 1515.15. The Council on Environmental 
Quality will permit copying of any available material but will reserve 
the right to limit the number of copies made with the Council's copying 
facilities.
    (b) In general, all records of the Council are available to the 
public, as

[[Page 379]]

required by the Freedom of Information Act. The Council claims the 
right, where it is applicable, to withhold material under the provisions 
specified in the Freedom of Information Act as amended (5 U.S.C. 
552(b)).
    (c) The legislative history of the establishment of the Council 
states that the Congress intended the Council to be a confidential 
advisor to the President on matters of environmental policy. Therefore, 
members of the public should presume that communications between the 
Council and the President (and their staffs) are confidential and 
ordinarily will not be released; they will usually fall, at a minimum, 
within Exemption 5 of the Act. The Freedom of Information Officer shall 
review each request, however, to determine whether the record is 
exclusively factual or may have factual portions which may be reasonably 
segregated and made available to the requester. Furthermore, on the 
recommendation of the FOIA Officer or Appeals Officer, the Council will 
consider the release of an entire record, even if it comes within an 
exemption or contains policy advice, if its disclosure would not impair 
Executive policymaking processes or the Council's participation in 
decisionmaking.

                                  Costs



Sec. 1515.15  What fees may be charged, and how should they be paid?

    (a) Following is the schedule of fees you may be charged for the 
search and reproduction of information available under the Freedom of 
Information Act, 5 U.S.C. 552, as amended.
    (1) Search for records. Five dollars per hour when the search is 
conducted by a clerical employee. Eight dollars per hour when the search 
is conducted by a professional employee. There will be no charge for 
searches of less than one hour.
    (2) Duplication of records. Records will be duplicated at a rate of 
$0.10 per page for copying of 10 pages or more. There will be no charge 
for duplicating 9 pages or less.
    (3) Other. When no specific fee has been established for a service, 
or the request for a service does not fall under categories (1) and (2), 
the Administrative Officer is authorized to establish an appropriate fee 
based on ``direct costs'' as provided in the Freedom of Information Act. 
Examples of services covered by this provision include searches 
involving computer time or special travel, transportation, or 
communication costs.
    (b) If the Council anticipates that the fees chargeable under this 
section will amount to more than $25, or the maximum amount specified in 
your request, you shall be promptly notified of the amount of the 
anticipated fee or the closest estimate of the amount. In such instances 
you will be advised of your option to consult with Council personnel in 
order to reformulate the request in a manner which will reduce the fees, 
yet still meet your needs. A reformulated request shall be considered a 
new request, thus beginning a new 10 working day period for processing.
    (c) Fees must be paid in full prior to issuance of the requested 
copies. In the event you owe money for previous request, copies of 
records will not be provided for any subsequent request until the debt 
has been paid in full.
    (d) Search costs are due and payable even if the record which was 
requested cannot be located after all reasonable efforts have been made, 
or if the FOI Officer determines that a record which has been requested 
is exempt under the Freedom of Information Act as amended and is to be 
withheld.
    (e) Payment shall be in the form either of a personal check or bank 
draft drawn on a bank in the United States, or a postal money order. 
Checks shall be made payable to General Services Administration. You 
should mail or deliver any payment for services to the Administrative 
Office, Council on Environmental Quality, 722 Jackson Place NW., 
Washington, DC 20006.
    (f) A receipt for fees paid will be given upon request. Refunds of 
fees paid for services actually rendered will not be made.
    (g) The Council may waive all or part of any fee provided for in 
this section when the Freedom of Information Officer (or designee) deems 
it to be in either the Council's interest or in the general public's 
interest.

[[Page 380]]



PART 1516--PRIVACY ACT IMPLEMENTATION--Table of Contents




Sec.
1516.1  Purpose and scope.
1516.2  Definitions.
1516.3  Procedures for requests pertaining to individual records in a 
          record system.
1516.4  Times, places, and requirements for the identification of the 
          individual making a request.
1516.5  Disclosure of requested information to the individual.
1516.6  Request for correction or amendment to the record.
1516.7  Agency review of request for correction or amendment of the 
          record.
1516.8  Appeal of an initial adverse agency determination on correction 
          or amendment of the record.
1516.9  Disclosure of a record to a person other than the individual to 
          whom the record pertains.
1516.10  Fees.

    Authority: 5 U.S.C. 552a; Pub. L. 93-579.

    Source: 42 FR 32537, June 27, 1977, unless otherwise noted.



Sec. 1516.1  Purpose and scope.

    The purposes of these regulations are to:
    (a) Establish a procedure by which an individual can determine if 
the Council on Environmental Quality (hereafter known as the Council) 
maintains a system of records which includes a record pertaining to the 
individual; and
    (b) Establish a procedure by which an individual can gain access to 
a record pertaining to him or her for the purpose of review, amendment 
and/or correction.



Sec. 1516.2  Definitions.

    For the purpose of these regulations:
    (a) The term individual means a citizen of the United States or an 
alien lawfully admitted for permanent residence;
    (b) The term maintain means maintain, collect, use or disseminate;
    (c) The term record means any item or collection or grouping of 
information about an individual that is maintained by the Council 
(including, but not limited to, his or her employment history, payroll 
information, and financial transactions), and that contains his or her 
name, or an identifying number, symbol, or other identifying particular 
assigned to the individual such as a social security number;
    (d) The term system of records means a group of any records under 
the control of the Council from which information is retrieved by the 
name of the individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual; and
    (e) The term routine use means with respect to the disclosure of a 
record, the use of such record for a purpose which is compatible with 
the purpose for which it was collected.



Sec. 1516.3  Procedures for requests pertaining to individual records in a record system.

    An individual shall submit a written request to the Administrative 
Officer of the Council to determine if a system of records named by the 
individual contains a record pertaining to the individual. The 
individual shall submit a written request to the Administrative Officer 
of the Council which states the individual's desire to review his or her 
record. The Administrative Officer of the Council is available to answer 
questions regarding these regulations and to provide assistance in 
locating records in the Council's system of records.

[42 FR 32537, June 27, 1977; 42 FR 35960, July 13, 1977]



Sec. 1516.4  Times, places, and requirements for the identification of the individual making a request.

    An individual making a request to the Administrative Officer of the 
Council pursuant to Sec. 1516.3 shall present the request at the 
Council's office, 722 Jackson Place NW., Washington, DC 20006, on any 
business day between the hours of 9 a.m. and 5 p.m. and should be 
prepared to identify himself by signature. Requests will also be 
accepted in writing if mailed to the Council's offices and signed by the 
requester.



Sec. 1516.5  Disclosure of requested information to the individual.

    Upon verification of identity, the Council shall disclose to the 
individual the information contained in the record which pertains to 
that individual.

[[Page 381]]

    (a) The individual may be accompanied for this purpose by a person 
of his choosing.
    (b) Upon request of the individual to whom the record pertains, all 
information in the accounting of disclosures will be made available.

[42 FR 35960, July 13, 1977]



Sec. 1516.6  Request for correction or amendment to the record.

    The individual may submit a request to the Administrative Officer of 
the Council which states the individual's desire to correct or to amend 
his or her record. This request must be made in accordance with the 
procedures of Sec. 1516.4 and shall describe in detail the change which 
is requested.

[42 FR 32537, June 27, 1977. Redesignated at 42 FR 35960, July 13, 1977]



Sec. 1516.7  Agency review of request for correction or amendment of the record.

    Within ten working days of the receipt of a request to correct or to 
amend a record, the Administrative Officer of the Council will 
acknowledge in writing such receipt and promptly either:
    (a) Make any correction or amendment of any portion thereof which 
the individual believes is not accurate, relevant, timely, or complete; 
or
    (b) Inform the individual of his or her refusal to correct or amend 
the record in accordance with the request, the reason for the refusal, 
and the procedure established by the Council for the individual to 
request a review of that refusal.



Sec. 1516.8  Appeal of an initial adverse agency determination on correction or amendment of the record.

    An individual may appeal refusal by the Administrative Officer of 
the Council to correct or to amend his or her record by submitting a 
request for a review of such refusal to the General Counsel, Council on 
Environmental Quality, 722 Jackson Place NW., Washington, DC 20006. The 
General Counsel shall, not later than thirty working days from the date 
on which the individual requests such a review, complete such review and 
make a final determination unless, for good cause shown, the General 
Counsel extends such thirty day period. If, after his or her review, the 
General Counsel also refuses to correct or to amend the record in 
accordance with the request, the individual may file with the Council a 
concise statement setting forth the reasons for his or her disagreement 
with the General Counsel's decision and may seek judicial relief under 5 
U.S.C. 552a(g)(1)(A).



Sec. 1516.9  Disclosure of a record to a person other than the individual to whom the record pertains.

    The Council will not disclose a record to any individual other than 
to the individual to whom the record pertains without receiving the 
prior written consent of the individual to whom the record pertains, 
unless the disclosure either has been listed as a ``routine use'' in the 
Council's notices of its systems of records or falls within the special 
conditions of disclosure set forth in section 3 of the Privacy Act of 
1974.



Sec. 1516.10  Fees.

    If an individual requests copies of his or her record, he or she 
shall be charged ten cents per page, excluding the cost of any search 
for the record, in advance of receipt of the pages.



PART 1517--PUBLIC MEETING PROCEDURES OF THE COUNCIL ON ENVIRONMENTAL QUALITY--Table of Contents




Sec.
1517.1  Policy and scope.
1517.2  Definitions.
1517.3  Open meeting requirement.
1517.4  Exceptions.
1517.5  Procedure for closing meetings.
1517.6  Notice of meetings.
1517.7  Records of closed meetings.

    Authority: 5 U.S.C. 552b(g); Pub. L. 94-409.

    Source: 42 FR 20818, Apr. 22, 1977, unless otherwise noted.



Sec. 1517.1  Policy and scope.

    Consistent with the policy that the public is entitled to the 
fullest information regarding the decisionmaking processes of the 
Federal Government, it is the purpose of this part to open

[[Page 382]]

the meetings of the Council on Environmental Quality to public 
observation while protecting the rights of individuals and the ability 
of the Council to carry out its primary responsibility of providing 
advice to the President. Actions taken by the Chairman acting as 
Director of the Office of Environmental Quality and Council actions 
involving advice to the President when such advice is not formulated 
collegially during a meeting are outside the scope of this part. In 
addition to conducting the meetings required by this part, it is the 
Council's policy to conduct, open to public observation, periodic 
meetings involving Council discussions of Council business, including 
where appropriate, matters outside the scope of this part. This part 
does not affect the procedures set forth in part 1515 pursuant to which 
records of the Council are made available to the public for inspection 
and copying, except that the exemptions set forth in Sec. 1517.4(a) 
shall govern in the case of any request made to copy or inspect the 
transcripts, recording or minutes described in Sec. 1517.7.

[47 FR 6277, Feb. 11, 1982]



Sec. 1517.2  Definitions.

    For the purpose of this part:
    (a) The term Council shall mean the Council on Environmental Quality 
established under title II of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 through 4347).
    (b) The term meeting means the deliberations of at least two Council 
members where such deliberations determine or result in the joint 
conduct or disposition of official collegial Council business, but does 
not include deliberations to take actions to open or close a meeting 
under Secs. 1517.4 and 1517.5 or to release or withhold information 
under Secs. 1517.4 and 1517.7. ``Meeting'' shall not be construed to 
prevent Council members from considering individually Council business 
that is circulated to them sequentially in writing.
    (c) Director means the Chairman of the Council on Environmental 
Quality acting as the head of the Office of Environmental Quality 
pursuant to the Environmental Quality Improvement Act of 1970, Pub. L. 
91-224, 42 U.S.C. 4371 through 4374.

[44 FR 34946, June 18, 1979, as amended at 47 FR 6277, Feb. 11, 1982]



Sec. 1517.3  Open meeting requirement.

    (a) Every portion of every meeting of the Council is open to public 
observation subject to the exemptions provided in Sec. 1517.4. Members 
of the Council may not jointly conduct or dispose of the business of the 
Council other than in accordance with this part.
    (b) The Council will conduct open to public observation periodic 
meetings involving Council discussions of Council business including 
where appropriate matters outside the scope of this part. Such meetings 
will be noticed pursuant to Sec. 1517.6.
    (c) Members of the public may attend open meetings of the Council 
for the sole purpose of observation and may not participate in or 
photograph any meeting without prior permission of the Council. Members 
of the public who desire to participate in or photograph an open meeting 
of the Council may request permission to do so from the General Counsel 
of the Council before such meeting. Members of the public may record 
open meetings of the Council by means of any mechanical or electronic 
device unless the Council determines such recording would disrupt the 
orderly conduct of such meeting.

[44 FR 34946, June 18, 1979, as amended at 47 FR 6277, Feb. 11, 1982]



Sec. 1517.4  Exceptions.

    (a) A meeting or portion thereof may be closed to public 
observation, and information pertaining to such meeting or portion 
thereof may be withheld from the public, if the Council determines that 
such meeting or portion thereof or disclosure of such information is 
likely to:
    (1) Disclose matters that are (i) specifically authorized under 
criteria established by an Executive order to be kept secret in the 
interest of national defense or foreign policy and (ii) in fact properly 
classified pursuant to that Executive order;
    (2) Relate solely to the internal personnel rules and practices of 
the Council;

[[Page 383]]

    (3) Disclose matters specifically exempted from disclosure by 
statute (other than the Freedom of Information Act, 5 U.S.C. 552), 
provided that the statute: (i) Requires that the matters be withheld 
from the public in such a manner as to leave no discretion on the issue, 
or (ii) establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (4) Disclose the trade secrets and commercial or financial 
information obtained from a person and privileged or confidential;
    (5) Involve accusing any person of a crime, or formally censuring 
any person;
    (6) Disclose information of a personal nature if disclosure would 
constitute a clearly unwarranted invasion of personal privacy;
    (7) Disclose investigatory records compiled for law enforcement 
purposes, or information which if written would be contained in such 
records, but only to the extent that the production of those records or 
information would:
    (i) Interfere with enforcement proceedings,
    (ii) Deprive a person of a right to a fair trial or an impartial 
adjudication,
    (iii) Constitute an unwarranted invasion of personal privacy,
    (iv) Disclose the identity of a confidential source and, in the case 
of a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation, or by an agency conducting a lawful 
national security intelligence investigation, confidential information 
furnished only by the confidential source,
    (v) Disclose investigative techniques and procedures, or,
    (vi) Endanger the life or physical safety of law enforcement 
personnel;
    (8) Disclose information contained in or related to examination, 
operating, or condition reports prepared by, on behalf of, or for the 
use of an agency responsible for the regulation or supervision of 
financial institutions;
    (9) Disclose information the premature disclosure of which would be 
likely to significantly frustrate implementation of a proposed action of 
the Council. This exception shall not apply in any instance where the 
Council has already disclosed to the public the content or nature of the 
proposed action, or where the Council is required by law to make such 
disclosure on its own initiative prior to taking final action on the 
proposal; or
    (10) Specifically concern the issuance of a subpoena by the Council, 
or the participation of the Council in a civil action or proceeding, an 
action in a foreign court or international tribunal, or an arbitration, 
or the initiation, conduct, or disposition by the Council of a 
particular case of formal adjudication pursuant to the procedures in 5 
U.S.C. 554 or otherwise involving a determination on the record after 
opportunity for a hearing.
    (b) Before a meeting is closed to public observation the Council 
shall determine whether or not the public interest requires that the 
meeting be open. The Council may open a meeting to public observation 
which could be closed under paragraph (a) of this section, if the 
Council finds it to be in the public interest to do so.



Sec. 1517.5  Procedure for closing meetings.

    (a) A majority of the entire membership of the Council may vote to 
close to public observation a meeting or a portion or portions thereof, 
or to withhold information pertaining to such meeting. A separate vote 
of the members of the Council shall be taken with respect to each 
meeting of the Council, a portion or portions of which are proposed to 
be closed to the observation of the public or with respect to any 
information concerning such meetings or portion thereof. A single vote 
may be taken with respect to a series of meetings, a portion or portions 
of which are proposed to be closed to the public, or with respect to 
information concerning such series of meetings, so long as each meeting 
in such series involves the same particular matters and is scheduled to 
be held no more than thirty days after the initial meeting in such 
series. The vote of each member of the Council participating in a vote 
shall be recorded and no proxies shall be allowed.
    (b) Whenever any person whose interest may be directly affected by a 
portion of a meeting requests that the

[[Page 384]]

Council close that portion to public observation for any of the reasons 
referred to in Sec. 1517.4(a) the Council, upon request of any of the 
members of the Council, shall decide by recorded vote whether to close 
that portion of the meeting.
    (c) For every meeting or portion thereof closed under this part, the 
General Counsel of the Council before such meeting is closed shall 
publicly certify that, in his or her opinion, the meeting may properly 
be closed to the public stating each relevant exemptive provision. The 
Council shall retain a copy of the General Counsel's certification, 
together with a statement from the presiding officer of the meeting 
setting forth the time and place of the meeting and listing the persons 
present.
    (d) Within one day of any vote taken on a proposal to close a 
meeting, the Council shall make publicly available a record reflecting 
the vote of each member on the question. In addition, within one day of 
any vote which closes a portion or portions of a meeting to the public, 
the Council shall make publicly available a full written explanation of 
its closure action together with a list naming all persons expected to 
attend and identifying their affiliation, unless such disclosure would 
reveal the information that the meeting itself was closed to protect.
    (e) Following any announcement that the Council intends to close a 
meeting or portion thereof, any person may make a request that the 
meeting or portion thereof be opened. Such request shall be made of the 
Chairman of the Council who shall ensure that the request is circulated 
to all members of the Council on the same business day on which it is 
received. The request shall set forth the reasons why the requestor 
believes the meeting should be open. The Council upon the request of any 
member or its General Counsel, shall vote on the request.



Sec. 1517.6  Notice of meetings.

    (a) Except as otherwise provided in this section, the Council shall 
make a public announcement at least one week before a meeting, to 
include the following:
    (1) Time, place, and subject matter of the meeting;
    (2) Whether the meeting is to be open or closed; and
    (3) Name and telephone number of the official who will respond to 
requests for information about the meeting.
    (b) A majority of the members of the Council may determine by 
recorded vote that the business of the Council requires a meeting to be 
called with less than one week's notice. At the earliest practicable 
time, the Council shall publicly announce the time, place and subject 
matter of the meeting, and whether or not it is to be open or closed to 
the public.
    (c) If announcement of the subject matter of a closed meeting would 
reveal the information that the meeting itself was closed to protect, 
the subject matter shall not be announced.
    (d) Following the public announcement required by paragraph (a) or 
(b) of this section:
    (1) A majority of the members of the Council may change the time or 
place of a meeting. At the earliest practicable time, the Council shall 
publicly announce the change.
    (2) A majority of the entire membership of the Council may change 
the subject matter of a meeting, or the determination to open or close a 
meeting to the public, if it determines by a recorded vote that the 
change is required by the business of the Council and that no earlier 
announcement of the change was possible. At the earliest practicable 
time, the Council shall publicly announce the change, and the vote of 
each member upon the change.
    (e) Individuals or organizations having a special interest in 
activities of the Council may request the Council to place them on a 
mailing list for receipt of information available under this section.
    (f) Following public announcement of a meeting, the time or place of 
a meeting may be changed only if the change is announced publicly at the 
earliest practicable time. The subject matter of a meeting or the 
determination to open or close a meeting may be changed following public 
announcement of a meeting only if both of the following conditions are 
met:

[[Page 385]]

    (1) There must be a recorded vote of a majority of the Council that 
the business of the Council requires the change and that no earlier 
announcement of such change was possible; and
    (2) There must be a public announcement of the change and of the 
individual Council members' votes at the earliest practicable time.
    (g) Immediately following each public announcement required by this 
section, the following information, as applicable, shall be submitted 
for publication in the Federal Register.
    (1) Notice of the time, place, and subject matter of a meeting;
    (2) Whether the meeting is open or closed;
    (3) Any change in one of the preceding; and
    (4) The name and telephone number of the official who will respond 
to requests for information about the meeting.



Sec. 1517.7  Records of closed meetings.

    (a) A record of each meeting or portion thereof which is closed to 
the public shall be made and retained for two years or for one year 
after the conclusion of any Council proceeding involved in the meeting 
whichever occurs later. The record of any portion of a meeting closed to 
the public shall be a verbatim transcript or electronic recording. In 
lieu of a transcript or recording, a comprehensive set of minutes may be 
produced if the closure decision was made pursuant to Sec. 1517.4(a) (8) 
or (10).
    (b) If minutes are produced, such minutes shall fully and clearly 
describe all matters discussed, provide a full and accurate summary of 
any actions taken and the reasons expressed therefor, and include a 
description of each of the views expressed on any item. The minutes 
shall also reflect the vote of each member of the Council on any roll 
call vote taken during the proceedings and identify all documents 
produced at the meeting.
    (c) The following documents shall be retained by the Council as part 
of the transcript, recording, or minutes of the meeting:
    (1) Certification by the General Counsel that the meeting may 
properly be closed; and
    (2) Statement from the presiding officer of the meeting setting 
forth the date, time, and place of the meeting and listing the persons 
present.
    (d) The Council shall make promptly available to the public at its 
offices at 722 Jackson Place, NW., Washington, DC the transcript, 
electronic recording, or minutes maintained as a record of a closed 
meeting, except for such information as may be withheld under one of the 
provisions of Sec. 1517.5. Copies of such transcript, minutes, or 
transcription of an electronic recording, disclosing the identity of 
each speaker, shall be furnished to any person at the actual cost of 
duplication or transcription.
    (e) [Reserved]
    (f) Requests to review or obtain copies of records other than 
transcripts, electronic recordings or minutes of a meeting will be 
processed under the Freedom of Information Act (5 U.S.C. 552) or, where 
applicable, the Privacy Act of 1974. (5 U.S.C. 552a). Nothing in these 
regulations authorizes the Council to withhold from any individual any 
record, including the transcripts or electronic recordings described in 
Sec. 1517.8, to which the individual may have access under the Privacy 
Act of 1974 (5 U.S.C. 552a).

[[Page 386]]


[[Page 387]]



                    Index to Parts 1500 Through 1508



    Editorial Note: This listing is provided for information purposes 
only. It is compiled and kept up-to-date by the Council on Environmental 
Quality.


                                  Index
Act.......................................  1508.2.
Action....................................  1508.18, 1508.25.
Action-forcing............................  1500.1, 1502.1.
Adoption..................................  1500.4(n), 1500.5(h),
                                             1506.3.
Affected Environment......................  1502.10(f), 1502.15.
Affecting.................................  1502.3, 1508.3.
Agency Authority..........................  1500.6.
Agency Capability.........................  1501.2(a), 1507.2.
Agency Compliance.........................  1507.1.
Agency Procedures.........................  1505.1, 1507.3.
Agency Responsibility.....................  1506.5.
Alternatives..............................  1501.2(c), 1502.2,
                                             1502.10(e), 1502.14,
                                             1505.1(e), 1505.2,
                                             1507.2(d), 1508.25(b).
Appendices................................  1502.10(k), 1502.18,
                                             1502.24.
Applicant.................................  1501.2(d)(1), 1501.4(b),
                                             1501.8(a), 1502.19(b),
                                             1503.1(a)(3), 1504.3(e),
                                             1506.1(d), 1506.5(a),
                                             1506.5(b).
Apply NEPA Early in the Process...........  1501.2.
Categorical Exclusion.....................  1500.4(p), 1500.5(k),
                                             1501.4(a), 1507.3(b),
                                             1508.4.
Circulating of Environmental Impact         1502.19, 1506.3.
 Statement.
Classified Information....................  1507.3(c).
Clean Air Act.............................  1504.1, 1508.19(a).
Combining Documents.......................  1500.4(o), 1500.5(i),
                                             1506.4.
Commenting................................  1502.19, 1503.1, 1503.2,
                                             1503.3, 1503.4, 1506.6(f).
Consultation Requirement..................  1500.4(k), 1500.5(g),
                                             1501.7(a)(6), 1502.25.
Context...................................  1508.27(a).
Cooperating Agency........................  1500.5(b), 1501.1(b),
                                             1501.5(c), 1501.5(f),
                                             1501.6, 1503.1(a)(1),
                                             1503.2, 1503.3, 1506.3(c),
                                             1506.5(a), 1508.5.
Cost-Benefit..............................  1502.23.
Council on Environmental Quality..........  1500.3, 1501.5(e),
                                             1501.5(f), 1501.6(c),
                                             1502.9(c)(4), 1504.1,
                                             1504.2, 1504.3, 1506.6(f),
                                             1506.9, 1506.10(e),
                                             1506.11, 1507.3, 1508.6,
                                             1508.24.
Cover Sheet...............................  1502.10(a), 1502.11.
Cumulative Impact.........................  1508.7, 1508.25(a),
                                             1508.25(c).
Decisionmaking............................  1505.1, 1506.1.
Decision points...........................  1505.1(b).
Dependent.................................  1508.25(a).
Draft Environmental Impact Statement......  1502.9(a).
Early Application of NEPA.................  1501.2.
Economic Effects..........................  1508.8.
Effective Date............................  1506.12.
Effects...................................  1502.16, 1508.8.
Emergencies...............................  1506.11.
Endangered Species Act....................  1502.25, 1508.27(b)(9).
Energy....................................  1502.16(e).
Environmental Assessment..................  1501.3, 1501.4(b),
                                             1501.4(c), 1501.7(b)(3),
                                             1506.2(b)(4), 1506.5(b),
                                             1508.4, 1508.9, 1508.10,
                                             1508.13.
Environmental Consequences................  1502.10(g), 1502.16.
Environmental Consultation Requirements...  1500.4(k), 1500.5(g),
                                             1501.7(a)(6), 1502.25,
                                             1503.3(c).
Environmental Documents...................  1508.10.
Environmental Impact Statement............  1500.4, 1501.4(c), 1501.7,
                                             1501.3, 1502.1, 1502.2,
                                             1502.3, 1502.4, 1502.5,
                                             1502.6, 1502.7, 1502.8,
                                             1502.9, 1502.10, 1502.11,
                                             1502.12, 1502.13, 1502.14,
                                             1502.15, 1502.16, 1502.17,
                                             1502.18, 1502.19, 1502.20,
                                             1502.21, 1502.22, 1502.23,
                                             1502.24, 1502.25,
                                             1506.2(b)(4), 1506.3,
                                             1506.8, 1508.11.
Environmental Protection Agency...........  1502.11(f), 1504.1, 1504.3,
                                             1506.7(c), 1506.9, 1506.10,
                                             1508.19(a).
Environmental Review Requirements.........  1500.4(k), 1500.5(g),
                                             1501.7(a)(6), 1502.25
                                             1503.3(c).
Expediter.................................  1501.8(b)(2).
Federal Agency............................  1508.12.
Filing....................................  1506.9.
Final Environmental Impact Statement......  1502.9(b), 1503.1,
                                             1503.4(b).
Finding of No Significant Impact..........  1500.3, 1500.4(q),
                                             1500.5(1), 1501.4(e),
                                             1508.13.
Fish and Wildlife Coordination Act........  1502.25.
Format for Environmental Impact Statement.  1502.10.
Freedom of Information Act................  1506.6(f).
Further Guidance..........................  1506.7.
Generic...................................  1502.4(c)(2).
General Services Administration...........  1506.8(b)(5).
Geographic................................  1502.4(c)(1).
Graphics..................................  1502.8.
Handbook..................................  1506.7(a).
Housing and Community Development Act.....  1506.12, 1508.12.
Human Environment.........................  1502.3, 1502.22, 1508.14.
Impacts...................................  1508.8, 1508.25(c).
Implementing the Decision.................  1505.3.
Incomplete or Unavailable Information.....  1502.22.
Incorporation by Reference................  1500.4(j), 1502.21.
Index.....................................  1502.10(j).
Indian Tribes.............................  1501.2(d)(2), 1501.7(a)(1),
                                             1502.15(c),
                                             1503.1(a)(2)(ii),
                                             1506.6(b)(3)(ii), 1508.5,
                                             1508.12.
Intensity.................................  1508.27(b).
Interdisciplinary Preparation.............  1502.6, 1502.17.
Interim Actions...........................  1506.1.
Joint Lead Agency.........................  1501.5(b), 1506.2.
Judicial Review...........................  1500.3.
Jurisdication by Law......................  1508.15.

[[Page 388]]

 
Lead Agency...............................  1500.5(c), 1501.1(c),
                                             1501.5, 1501.6, 1501.7,
                                             1501.8, 1504.3,
                                             1506.2(b)(4), 1506.8(a),
                                             1506.10(e), 1508.16.
Legislation...............................  1500.5(j), 1502.3, 1506.8,
                                             1508.17, 1508.18(a).
Limitation on Action During NEPA Process..  1506.1.
List of Preparers.........................  1502.10(h), 1502.17.
Local or State............................  1500.4(n), 1500.5(h),
                                             1501.2(d)(2), 1501.5(b),
                                             1501.5(d), 1501.7(a)(1),
                                             1501.8(c), 1502.16(c),
                                             1503.1(a)(2), 1506.2(b),
                                             1506.6(b)(3), 1508.5,
                                             1508.12, 1508.18.
Major Federal Action......................  1502.3, 1508.18.
Mandate...................................  1500.3.
Matter....................................  1504.1, 1504.2, 1504.3,
                                             1508.19.
Methodology...............................  1502.24.
Mitigation................................  1502.14(h), 1502.16(h),
                                             1503.3(d), 1505.2(c),
                                             1505.3, 1508.20.
Monitoring................................  1505.2(c), 1505.3.
National Historic Preservation Act........  1502.25.
National Register of Historical Places....  1508.27(b)(8).
Natural or Depletable Resource              1502.16(f).
 Requirements.
Need for Action...........................  1502.10(d), 1502.13.
NEPA Process..............................  1508.21.
Non-Federal Sponsor.......................  1501.2(d).
Notice of Intent..........................  1501.7, 1507.3(e), 1508.22.
OMB Circular A-95.........................  1503.1(a)(2)(iii), 1505.2,
                                             1506.6(b)(3)(i).
102 Monitor...............................  1506.6(b)(2), 1506.7(c).
Ongoing Activities........................  1506.12.
Page Limits...............................  1500.4(a), 1501.7(b),
                                             1502.7.
Planning..................................  1500.5(a), 1501.2(b),
                                             1502.4(a), 1508.18.
Policy....................................  1500.2, 1502.4(b),
                                             1508.18(a).
Program Environmental Impact Statement....  1500.4(i), 1502.4, 1502.20,
                                             1508.18.
Programs..................................  1502.4, 1508.18(b).
Projects..................................  1508.18.
Proposal..................................  1502.4, 1502.5, 1506.8,
                                             1508.23.
Proposed Action...........................  1502.10(e), 1502.14,
                                             1506.2(c).
Public Health and Welfare.................  1504.1.
Public Involvement........................  1501.4(e), 1503.1(a)(3),
                                             1506.6.
Purpose...................................  1500.1, 1501.1, 1502.1,
                                             1504.1.
Purpose of Action.........................  1502.10(d), 1502.13.
Record of Decision........................  1505.2, 1506.1.
Referrals.................................  1504.1, 1504.2, 1504.3,
                                             1506.3(d).
Referring Agency..........................  1504.1, 1504.2, 1504.3.
Response to Comments......................  1503.4.
Rural Electrification Administration......  1506.1(d).
Scientific Accuracy.......................  1502.24.
Scope.....................................  1502.4(a), 1502.9(a),
                                             1508.25.
Scoping...................................  1500.4(b), 1501.1(d),
                                             1501.4(d), 1501.7,
                                             1502.9(a), 1506.8(a).
Significantly.............................  1502.3, 1508.27.
Similar...................................  1508.25.
Small Business Associations...............  1506.6(b)(3)(vi).
Social Effects............................  1508.8.
Special Expertise.........................  1508.26.
Specificity of Comments...................  1500.4(1), 1503.3.
State and Areawide Clearinghouses.........  1501.4(e)(2),
                                             1503.1(a)(2)(iii),
                                             1506.6(b)(3)(i).
State and Local...........................  1500.4(n), 1500.5(h),
                                             1501.2(d)(2), 1501.5(b),
                                             1501.5(d), 1501.7(a)(1),
                                             1501.8(c), 1502.16(c),
                                             1503.1(a)(2), 1506.2(b),
                                             1506.6(b)(3), 1508.5,
                                             1508.12, 1508.18.
State and Local Fiscal Assistance Act.....  1508.18(a).
Summary...................................  1500.4(h), 1502.10(b),
                                             1502.12.
Supplements to Environmental Impact         1502.9(c).
 Statements.
Table of Contents.........................  1502.10(c).
Technological Development.................  1502.4(c)(3).
Terminology...............................  1508.1.
Tiering...................................  1500.4(i), 1502.4(d),
                                             1502.20, 1508.28.
Time Limits...............................  1500.5(e), 1501.1(e),
                                             1501.7(b)(2), 1501.8.
Timing....................................  1502.4, 1502.5, 1506.10.
Treaties..................................  1508.17.
When to Prepare an Environmental Impact     1501.3.
 Statement.
Wild and Scenic Rivers Act................  1506.8(b)(ii).
Wilderness Act............................  1506.8(b)(ii).
Writing...................................  1502.
------------------------------------------------------------------------


[[Page 389]]



CHAPTER VII--ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF DEFENSE; 
  UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED FORCES




  --------------------------------------------------------------------

Part                                                                Page
1700            Uniform National Discharge Standards for 
                    vessels of the Armed Forces.............         391

[[Page 391]]



PART 1700--UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED FORCES--Table of Contents




                            Subpart A--Scope

Sec.
1700.1  Applicability.
1700.2  Effect.
1700.3  Definitions.

                   Subpart B--Discharge Determinations

1700.4  Discharges requiring control.
1700.5  Discharges not requiring control.

                       Subpart C--Effect on States

1700.6  Effect on State and local statutes and regulations.

                           No-Discharge Zones

1700.7  No-discharge zones.
1700.8  Discharges for which no-discharge zones can be established.
1700.9  No-discharge zones by State prohibition.
1700.10  No-discharge zones by EPA prohibition.

                        State Petition for Review

1700.11  State petition for review of determinations or standards.
1700.12  Petition requirements.
1700.13  Petition decisions.

 Subpart D--Marine Pollution Control Device (MPCD) Performance Standards

1700.14  Marine Pollution Control Device (MPCD) Performance Standards. 
          [Reserved]


    Authority: 33 U.S.C. 1322, 1361.

    Source: 64 FR 25134, May 10, 1999, unless otherwise noted.



                            Subpart A--Scope



Sec. 1700.1  Applicability.

    (a) This part applies to the owners and operators of Armed Forces 
vessels, except where the Secretary of Defense finds that compliance 
with this part is not in the interest of the national security of the 
United States. This part does not apply to vessels while they are under 
construction, vessels in drydock, amphibious vehicles, or vessels under 
the jurisdiction of the Department of Transportation other than those of 
the Coast Guard.
    (b) This part also applies to States and political subdivisions of 
States.



Sec. 1700.2  Effect.

    (a) This part identifies those discharges, other than sewage, 
incidental to the normal operation of Armed Forces vessels that require 
control within the navigable waters of the United States and the waters 
of the contiguous zone, and those discharges that do not require 
control. Discharges requiring control are identified in Sec. 1700.4. 
Discharges not requiring control are identified in Sec. 1700.5. Federal 
standards of performance for each required Marine Pollution Control 
Device are listed in Sec. 1700.14. This part is not applicable beyond 
the contiguous zone.
    (b) This part prohibits States and their political subdivisions from 
adopting or enforcing State or local statutes or regulations controlling 
the discharges from Armed Forces vessels listed in Secs. 1700.4 and 
1700.5 according to the timing provisions in Sec. 1700.6, except to 
establish a no-discharge zone by State prohibition in accordance with 
Sec. 1700.9, or to apply for a no-discharge zone by EPA prohibition in 
accordance with Sec. 1700.10. This part also provides a mechanism for 
States to petition the Administrator and the Secretary to review a 
determination of whether a discharge requires control, or to review a 
Federal standard of performance for a Marine Pollution Control Device, 
in accordance with Secs. 1700.11 through 1700.13.



Sec. 1700.3  Definitions.

    Administrator means the Administrator of the United States 
Environmental Protection Agency or that person's authorized 
representative.
    Armed Forces vessel means a vessel owned or operated by the United 
States Department of Defense or the United States Coast Guard, other 
than vessels that are time or voyage chartered by the Armed Forces, 
vessels of the U.S. Army Corps of Engineers, or vessels that are 
memorials or museums.
    Discharge incidental to the normal operation of a vessel means a 
discharge, including, but not limited to: graywater, bilgewater, cooling 
water, weather deck runoff, ballast water, oil water

[[Page 392]]

separator effluent, and any other pollutant discharge from the operation 
of a marine propulsion system, shipboard maneuvering system, crew 
habitability system, or installed major equipment, such as an aircraft 
carrier elevator or a catapult, or from a protective, preservative, or 
absorptive application to the hull of a vessel; and a discharge in 
connection with the testing, maintenance, and repair of any of the 
aforementioned systems whenever the vessel is waterborne, including 
pierside. A discharge incidental to normal operation does not include:
    (1) Sewage;
    (2) A discharge of rubbish, trash, or garbage;
    (3) A discharge of air emissions resulting from the operation of a 
vessel propulsion system, motor driven equipment, or incinerator;
    (4) A discharge that requires a National Pollutant Discharge 
Elimination System (NPDES) permit under the Clean Water Act; or
    (5) A discharge containing source, special nuclear, or byproduct 
materials regulated by the Atomic Energy Act.
    Environmental Protection Agency, abbreviated EPA, means the United 
States Environmental Protection Agency.
    Marine Pollution Control Device, abbreviated MPCD, means any 
equipment or management practice installed or used on an Armed Forces 
vessel that is designed to receive, retain, treat, control, or discharge 
a discharge incidental to the normal operation of a vessel, and that is 
determined by the Administrator and Secretary to be the most effective 
equipment or management practice to reduce the environmental impacts of 
the discharge consistent with the considerations in Clean Water Act 
section 312(n)(2)(B).
    No-discharge zone means an area of specified waters established 
pursuant to this regulation into which one or more specified discharges 
incidental to the normal operation of Armed Forces vessels, whether 
treated or untreated, are prohibited.
    Secretary means the Secretary of the United States Department of 
Defense or that person's authorized representative.
    United States includes the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
the Canal Zone, and the Trust Territory of the Pacific Islands.
    Vessel includes every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on navigable waters of the United States or waters of the contiguous 
zone, but does not include amphibious vehicles.



                   Subpart B--Discharge Determinations



Sec. 1700.4  Discharges requiring control.

    For the following discharges incidental to the normal operation of 
Armed Forces vessels, the Administrator and the Secretary have 
determined that it is reasonable and practicable to require use of a 
Marine Pollution Control Device for at least one class of vessel to 
mitigate adverse impacts on the marine environment:
    (a) Aqueous Film-Forming Foam: the firefighting foam and seawater 
mixture discharged during training, testing, or maintenance operations.
    (b) Catapult Water Brake Tank & Post-Launch Retraction Exhaust: the 
oily water skimmed from the water tank used to stop the forward motion 
of an aircraft carrier catapult, and the condensed steam discharged when 
the catapult is retracted.
    (c) Chain Locker Effluent: the accumulated precipitation and 
seawater that is emptied from the compartment used to store the vessel's 
anchor chain.
    (d) Clean Ballast: the seawater taken into, and discharged from, 
dedicated ballast tanks to maintain the stability of the vessel and to 
adjust the buoyancy of submarines.
    (e) Compensated Fuel Ballast: the seawater taken into, and 
discharged from, ballast tanks designed to hold both ballast water and 
fuel to maintain the stability of the vessel.
    (f) Controllable Pitch Propeller Hydraulic Fluid: the hydraulic 
fluid that discharges into the surrounding seawater from propeller seals 
as part of normal operation, and the hydraulic fluid released during 
routine maintenance of the propellers.

[[Page 393]]

    (g) Deck Runoff: the precipitation, washdowns, and seawater falling 
on the weather deck of a vessel and discharged overboard through deck 
openings.
    (h) Dirty Ballast: the seawater taken into, and discharged from, 
empty fuel tanks to maintain the stability of the vessel.
    (i) Distillation and Reverse Osmosis Brine: the concentrated 
seawater (brine) produced as a byproduct of the processes used to 
generate freshwater from seawater.
    (j) Elevator Pit Effluent: the liquid that accumulates in, and is 
discharged from, the sumps of elevator wells on vessels.
    (k) Firemain Systems: the seawater pumped through the firemain 
system for firemain testing, maintenance, and training, and to supply 
water for the operation of certain vessel systems.
    (l) Gas Turbine Water Wash: the water released from washing gas 
turbine components.
    (m) Graywater: galley, bath, and shower water, as well as wastewater 
from lavatory sinks, laundry, interior deck drains, water fountains, and 
shop sinks.
    (n) Hull Coating Leachate: the constituents that leach, dissolve, 
ablate, or erode from the paint on the hull into the surrounding 
seawater.
    (o) Motor Gasoline and Compensating Discharge: the seawater taken 
into, and discharged from, motor gasoline tanks to eliminate free space 
where vapors could accumulate.
    (p) Non-Oily machinery wastewater: the combined wastewater from the 
operation of distilling plants, water chillers, valve packings, water 
piping, low- and high-pressure air compressors, and propulsion engine 
jacket coolers.
    (q) Photographic Laboratory Drains: the laboratory wastewater 
resulting from processing of photographic film.
    (r) Seawater Cooling Overboard Discharge: the discharge of seawater 
from a dedicated system that provides noncontact cooling water for other 
vessel systems.
    (s) Seawater Piping Biofouling Prevention: the discharge of seawater 
containing additives used to prevent the growth and attachment of 
biofouling organisms in dedicated seawater cooling systems on selected 
vessels.
    (t) Small Boat Engine Wet Exhaust: the seawater that is mixed and 
discharged with small boat propulsion engine exhaust to cool the exhaust 
and quiet the engine.
    (u) Sonar Dome Discharge: the leaching of antifoulant materials into 
the surrounding seawater and the release of seawater or freshwater 
retained within the sonar dome.
    (v) Submarine Bilgewater: the wastewater from a variety of sources 
that accumulates in the lowest part of the submarine (i.e., bilge).
    (w) Surface Vessel Bilgewater/Oil-Water Separator Effluent: the 
wastewater from a variety of sources that accumulates in the lowest part 
of the vessel (the bilge), and the effluent produced when the wastewater 
is processed by an oil water separator.
    (x) Underwater Ship Husbandry: the materials discharged during the 
inspection, maintenance, cleaning, and repair of hulls performed while 
the vessel is waterborne.
    (y) Welldeck Discharges: the water that accumulates from seawater 
flooding of the docking well (welldeck) of a vessel used to transport, 
load, and unload amphibious vessels, and from maintenance and freshwater 
washings of the welldeck and equipment and vessels stored in the 
welldeck.



Sec. 1700.5  Discharges not requiring control.

    For the following discharges incidental to the normal operation of 
Armed Forces vessels, the Administrator and the Secretary have 
determined that it is not reasonable or practicable to require use of a 
Marine Pollution Control Device to mitigate adverse impacts on the 
marine environment:
    (a) Boiler Blowdown: the water and steam discharged when a steam 
boiler is blown down, or when a steam safety valve is tested.
    (b) Catapult Wet Accumulator Discharge: the water discharged from a 
catapult wet accumulator, which stores a steam/water mixture for 
launching aircraft from an aircraft carrier.
    (c) Cathodic Protection: the constituents released into surrounding 
water from sacrificial anode or impressed

[[Page 394]]

current cathodic hull corrosion protection systems.
    (d) Freshwater Lay-up: the potable water that is discharged from the 
seawater cooling system while the vessel is in port, and the cooling 
system is in lay-up mode (a standby mode where seawater in the system is 
replaced with potable water for corrosion protection).
    (e) Mine Countermeasures Equipment Lubrication: the constituents 
released into the surrounding seawater by erosion or dissolution from 
lubricated mine countermeasures equipment when the equipment is deployed 
and towed.
    (f) Portable Damage Control Drain Pump Discharge: the seawater 
pumped through the portable damage control drain pump and discharged 
overboard during testing, maintenance, and training activities.
    (g) Portable Damage Control Drain Pump Wet Exhaust: the seawater 
mixed and discharged with portable damage control drain pump exhaust to 
cool the exhaust and quiet the engine.
    (h) Refrigeration and Air Conditioning Condensate: the drainage of 
condensed moisture from air conditioning units, refrigerators, freezers, 
and refrigerated spaces.
    (i) Rudder Bearing Lubrication: the oil or grease released by the 
erosion or dissolution from lubricated bearings that support the rudder 
and allow it to turn freely.
    (j) Steam Condensate: the condensed steam discharged from a vessel 
in port, where the steam originates from port facilities.
    (k) Stern Tube Seals and Underwater Bearing Lubrication: the 
seawater pumped through stern tube seals and underwater bearings to 
lubricate and cool them during normal operation.
    (l) Submarine Acoustic Countermeasures Launcher Discharge: the 
seawater that is mixed with acoustic countermeasure device propulsion 
gas following a countermeasure launch that is then exchanged with 
surrounding seawater, or partially drained when the launch assembly is 
removed from the submarine for maintenance.
    (m) Submarine Emergency Diesel Engine Wet Exhaust: the seawater that 
is mixed and discharged with submarine emergency diesel engine exhaust 
to cool the exhaust and quiet the engine.
    (n) Submarine Outboard Equipment Grease and External Hydraulics: the 
grease released into the surrounding seawater by erosion or dissolution 
from submarine equipment exposed to seawater.



                       Subpart C--Effect on States



Sec. 1700.6  Effect on State and local statutes and regulations.

    (a) After the effective date of a final rule determining that it is 
not reasonable and practicable to require use of a Marine Pollution 
Control Device regarding a particular discharge incidental to the normal 
operation of an Armed Forces vessel, States or political subdivisions of 
States may not adopt or enforce any State or local statute or 
regulation, including issuance or enforcement of permits under the 
National Pollutant Discharge Elimination System, controlling that 
discharge, except that States may establish a no-discharge zone by State 
prohibition (as provided in Sec. 1700.9), or apply for a no-discharge 
zone by EPA prohibition (as provided in Sec. 1700.10).
    (b)(1) After the effective date of a final rule determining that it 
is reasonable and practicable to require use of a Marine Pollution 
Control Device regarding a particular discharge incidental to the normal 
operation of an Armed Forces vessel, States may apply for a no-discharge 
zone by EPA prohibition (as provided in Sec. 1700.10) for that 
discharge.
    (2) After the effective date of a final rule promulgated by the 
Secretary governing the design, construction, installation, and use of a 
Marine Pollution Control Device for a discharge listed in Sec. 1700.4, 
States or political subdivisions of States may not adopt or enforce any 
State or local statute or regulation, including issuance or enforcement 
of permits under the National Pollutant Discharge Elimination System, 
controlling that discharge except that States may establish a no-
discharge zone by State prohibition (as provided in Sec. 1700.9), or 
apply for a no-discharge zone by EPA prohibition (as provided in 
Sec. 1700.10).
    (c) The Governor of any State may submit a petition requesting that 
the

[[Page 395]]

Administrator and Secretary review a determination of whether a Marine 
Pollution Control Device is required for any discharge listed in 
Sec. 1700.4 or Sec. 1700.5, or review a Federal standard of performance 
for a Marine Pollution Control Device.

                           No-Discharge Zones



Sec. 1700.7  No-discharge zones.

    For this part, a no-discharge zone is a waterbody, or portion 
thereof, where one or more discharges incidental to the normal operation 
of Armed Forces vessels, whether treated or not, are prohibited. A no-
discharge zone is established either by State prohibition using the 
procedures in Sec. 1700.9, or by EPA prohibition, upon application of a 
State, using the procedures in Sec. 1700.10.



Sec. 1700.8  Discharges for which no-discharge zones can be established.

    (a) A no-discharge zone may be established by State prohibition for 
any discharge listed in Sec. 1700.4 or Sec. 1700.5 following the 
procedures in Sec. 1700.9. A no-discharge zone established by a State 
using these procedures may apply only to those discharges that have been 
preempted from other State or local regulation pursuant to Sec. 1700.6.
    (b) A no-discharge zone may be established by EPA prohibition for 
any discharge listed in Sec. 1700.4 or Sec. 1700.5 following the 
procedures in Sec. 1700.10.



Sec. 1700.9  No-discharge zones by State prohibition.

    (a) A State seeking to establish a no-discharge zone by State 
prohibition must send to the Administrator the following information:
    (1) The discharge from Sec. 1700.4 or Sec. 1700.5 to be prohibited 
within the no-discharge zone.
    (2) A detailed description of the waterbody, or portions thereof, to 
be included in the prohibition. The description must include a map, 
preferably a USGS topographic quadrant map, clearly marking the zone 
boundaries by latitude and longitude.
    (3) A determination that the protection and enhancement of the 
waters described in paragraph (a)(2) of this section require greater 
environmental protection than provided by existing Federal standards.
    (4) A complete description of the facilities reasonably available 
for collecting the discharge including:
    (i) A map showing their location(s) and a written location 
description.
    (ii) A demonstration that the facilities have the capacity and 
capability to provide safe and sanitary removal of the volume of 
discharge being prohibited in terms of both vessel berthing and 
discharge reception.
    (iii) The schedule of operating hours of the facilities.
    (iv) The draft requirements of the vessel(s) that will be required 
to use the facilities and the available water depth at the facilities.
    (v) Information showing that handling of the discharge at the 
facilities is in conformance with Federal law.
    (5) Information on whether vessels other than those of the Armed 
Forces are subject to the same type of prohibition. If the State is not 
applying the prohibition to all vessels in the area, the State must 
demonstrate the technical or environmental basis for applying the 
prohibition only to Armed Forces vessels. The following information must 
be included in the technical or environmental basis for treating Armed 
Forces vessels differently:
    (i) An analysis showing the relative contributions of the discharge 
from Armed Forces and non-Armed Forces vessels.
    (ii) A description of State efforts to control the discharge from 
non-Armed Forces vessels.
    (b) The information provided under paragraph (a) of this section 
must be sufficient to enable EPA to make the two determinations listed 
below. Prior to making these determinations, EPA will consult with the 
Secretary on the adequacy of the facilities and the operational impact 
of any prohibition on Armed Forces vessels.
    (1) Adequate facilities for the safe and sanitary removal of the 
discharge are reasonably available for the specified waters.
    (2) The prohibition will not have the effect of discriminating 
against vessels of the Armed Forces by reason of the ownership or 
operation by the Federal

[[Page 396]]

Government, or the military function, of the vessels.
    (c) EPA will notify the State in writing of the result of the 
determinations under paragraph (b) of this section, and will provide a 
written explanation of any negative determinations. A no-discharge zone 
established by State prohibition will not go into effect until EPA 
determines that the conditions of paragraph (b) of this section have 
been met.



Sec. 1700.10  No-discharge zones by EPA prohibition.

    (a) A State requesting EPA to establish a no-discharge zone must 
send to the Administrator an application containing the following 
information:
    (1) The discharge from Sec. 1700.4 or Sec. 1700.5 to be prohibited 
within the no-discharge zone.
    (2) A detailed description of the waterbody, or portions thereof, to 
be included in the prohibition. The description must include a map, 
preferably a USGS topographic quadrant map, clearly marking the zone 
boundaries by latitude and longitude.
    (3) A technical analysis showing why protection and enhancement of 
the waters described in paragraph (a)(2) of this section require a 
prohibition of the discharge. The analysis must provide specific 
information on why the discharge adversely impacts the zone and how 
prohibition will protect the zone. In addition, the analysis should 
characterize any sensitive areas, such as aquatic sanctuaries, fish-
spawning and nursery areas, pristine areas, areas not meeting water 
quality standards, drinking water intakes, and recreational areas.
    (4) A complete description of the facilities reasonably available 
for collecting the discharge including:
    (i) A map showing their location(s) and a written location 
description.
    (ii) A demonstration that the facilities have the capacity and 
capability to provide safe and sanitary removal of the volume of 
discharge being prohibited in terms of both vessel berthing and 
discharge reception.
    (iii) The schedule of operating hours of the facilities.
    (iv) The draft requirements of the vessel(s) that will be required 
to use the facilities and the available water depth at the facilities.
    (v) Information showing that handling of the discharge at the 
facilities is in conformance with Federal law.
    (5) Information on whether vessels other than those of the Armed 
Forces are subject to the same type of prohibition. If the State is not 
applying a prohibition to other vessels in the area, the State must 
demonstrate the technical or environmental basis for applying a 
prohibition only to Armed Forces vessels. The following information must 
be included in the technical or environmental basis for treating Armed 
Forces vessels differently:
    (i) An analysis showing the relative contributions of the discharge 
from Armed Forces and non-Armed Forces vessels.
    (ii) A description of State efforts to control the discharge from 
non-Armed Forces vessels.
    (b) The information provided under paragraph (a) of this section 
must be sufficient to enable EPA to make the three determinations listed 
below. Prior to making these determinations, EPA will consult with the 
Secretary on the adequacy of the facilities and the operational impact 
of the prohibition on Armed Forces vessels.
    (1) The protection and enhancement of the specified waters require a 
prohibition of the discharge.
    (2) Adequate facilities for the safe and sanitary removal of the 
discharge are reasonably available for the specified waters.
    (3) The prohibition will not have the effect of discriminating 
against vessels of the Armed Forces by reason of the ownership or 
operation by the Federal Government, or the military function, or the 
vessels.
    (c) If the three conditions in paragraph (b) of this section are 
met, EPA will by regulation establish the no-discharge zone. If the 
conditions in paragraphs (b) (1) and (3) of this section are met, but 
the condition in paragraph (b)(2) of this section is not met, EPA may 
establish the no-discharge zone if it determines that the significance 
of the waters and the potential impact of the discharge are of 
sufficient magnitude to warrant any resulting constraints on Armed 
Forces vessels.

[[Page 397]]

    (d) EPA will notify the State of its decision on the no-discharge 
zone application in writing. If EPA approves the no-discharge zone 
application, EPA will by regulation establish the no-discharge zone by 
modification to this part. A no-discharge zone established by EPA 
prohibition will not go into effect until the effective date of the 
regulation.

                        State Petition for Review



Sec. 1700.11  State petition for review of determinations or standards.

    The Governor of any State may submit a petition requesting that the 
Administrator and Secretary review a determination of whether a Marine 
Pollution Control Device is required for any discharge listed in 
Sec. 1700.4 or Sec. 1700.5, or review a Federal standard of performance 
for a Marine Pollution Control Device. A State may submit a petition 
only where there is new, significant information not considered 
previously by the Administrator and Secretary.



Sec. 1700.12  Petition requirements.

    A petition for review of a determination or standard must include:
    (a) The discharge from Sec. 1700.4 or Sec. 1700.5 for which a change 
in determination is requested, or the performance standard from 
Sec. 1700.14 for which review is requested.
    (b) The scientific and technical information on which the petition 
is based.
    (c) A detailed explanation of why the State believes that 
consideration of the new information should result in a change to the 
determination or the standard on a nationwide basis, and an explanation 
of how the new information is relevant to one or more of the following 
factors:
    (1) The nature of the discharge.
    (2) The environmental effects of the discharge.
    (3) The practicability of using a Marine Pollution Control Device.
    (4) The effect that installation or use of the Marine Pollution 
Control Device would have on the operation or operational capability of 
the vessel.
    (5) Applicable United States law.
    (6) Applicable international standards.
    (7) The economic costs of the installation and use of the Marine 
Pollution Control Device.



Sec. 1700.13  Petition decisions.

    The Administrator and the Secretary will evaluate the petition and 
grant or deny the petition no later than two years after the date of 
receipt of the petition. If the Administrator and Secretary grant the 
petition, they will undertake rulemaking to amend this part. If the 
Administrator and Secretary deny the petition, they will provide the 
State with a written explanation of why they denied it.



 Subpart D--Marine Pollution Control Device (MPCD) Performance Standards



Sec. 1700.14  Marine Pollution Control Device (MPCD) Performance Standards. [Reserved]

[[Page 399]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Toxic Substances CAS Number--Chemical Index
  List of CFR Sections Affected

[[Page 401]]

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 1999)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


40 CFR (PARTS 790 TO END): TOXIC SUBSTANCES CONTROL ACT

ENVIRONMENTAL PROTECTION AGENCY
                                                                  40 CFR


American Chemical Society

  Copies available from: EPA TSCA Document 
  Processing Center, Rm. G-004 Northeast Mall, 401 
  M Street, SW., Washington, DC 20460
Environmental Science and Technology, Vol. 14, No.     799.1285(e)(2)(i)
  11, Prediction of the Volatilization Rates of 
  High-Volatility Chemicals from Natural Water 
  Bodies, Smith, et al..
ASTM D 1193-77 (R 83) Standard Specification for   796.1550(b)(1)(iii); 
  Reagent Water.                                    796.1570(b)(1)(ii); 
                                                     796.1720(b)(1)(ii) 
                                                            and (2)(i); 
                                                    796.1840(b)(1)(ii); 
                                                     796.1860(b)(1)(i); 
                                                    796.3500(b)(1)(ii); 
                                                         796.3700(b)(2) 
                                                   (i)(B); 796.37800(b) 
                                                              (1)(iv)(A)
ASTM D 1836-83 Standard Specification for             795.232(c)(2)(i); 
  Commercial Hexanes.                                     799.2155(a)(1)
ASTM D 2879-86 Standard Test Method for Vapor          796.1950(b)(2)(i)
  Pressure--Temperature Relationship and Initial 
  Decomposition Temperature of Liquids by 
  Isotoniscope.


EPA TSCA Document Processing Center

  Rm. G-004 Northeast Mall, 401 M Street, SW., 
  Washington, DC 20460
ASTM STP 854, ``Aquatic Safety Assessment of       799.500(c)(4)(i)(B); 
  Chemicals Sorbed to Sediments'', by W.J. Adams     799.4000(d)(3)(i); 
  et al, as published in Aquatic Toxicology and     799.4360(d)(7)(i)(B)
  Hazard Assessment: Seventh Symposium..
ASTM STP 854, ``Phoxoccephalid Amphipod Bioassay     799.500(c)(4)(i)(A)
  for Marine Sediment Toxicity'', by R.C. Swartz, 
  et al, as published in Aquatic Toxicology and 
  Hazard Assessment: Seventh Symposium..


Halogenated Solvents Industry Alliance

  1612 K Street, NW., Suite 300, Washington, DC 
  20006
Protocol 1,1,1-Trichloroethane (TCEA): Inhalation               799.4400
Developmental Toxicity Probe Study in Rats.
[[Page 402]]

Protocol 1,1,1-Trichloroethane (TCEA): Inhalation               799.4400
  Developmental Toxicity in Rats.
Protocol 1,1,1-Trichloroethane (TCEA): Inhalation               799.4400
  Developmental Toxicity Probe Study in Rabbits.
Protocol 1,1,1-Trichloroethane (TCEA): Inhalation               799.4400
  Developmental Toxicity Study in Rabbits.


Organization for Economic Co-operation and Development

  OECD Publication and Information Center, Room 
  Number 1207, 1750 Pennsylvania Avenue, NW. 
  Washington, DC
``Teratogenicity'', Number 414, adopted May 12,              799.1650(c)
  1981.


Society for Industrial Microbiology

  POB 12538, Arlington, VA 22209-8534
Developments in Industrial Microbiology, Vol. 18,    799.4000(c)(1)(i); 
  Chapter 11, 1977; An Artificial Microbiol         799.1285 (e)(1)(i); 
  Ecosystem for Determining Effects and Rate of     799.500 (d)(2)(i)(B)
  Toxicants in a Salt-March Environment, A.W. 
  Bouquin et al., copies available from: EPA TSCA 
  Document Processing Center, Rm. G-004 Northeast 
  Mall, 401 M Street, SW., Washington, DC 20460.

[[Page 403]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 1999)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)

[[Page 404]]

      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture

[[Page 405]]

         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)

[[Page 406]]

    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)

[[Page 407]]

        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)

[[Page 408]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

[[Page 409]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 410]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Multifamily Housing Assistance 
                Restructuring, Department of Housing and Urban 
                Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 411]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)

[[Page 412]]

       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)

[[Page 413]]

       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

[[Page 414]]

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400--1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts

[[Page 415]]

        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300.99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)

[[Page 416]]

       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

[[Page 417]]

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Transportation (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)

[[Page 418]]

        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)

[[Page 419]]

        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 421]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 1999)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 422]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 423]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   5, LIV; 40, I, VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1

[[Page 424]]

Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302

[[Page 425]]

  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Multifamily Housing Assistance Restructuring,   24, IV
       Office of
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI

[[Page 426]]

  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, United States        22, II; 48, 7
       Agency for
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI

[[Page 427]]

Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Multifamily Housing Assistance Restructuring,     24, IV
     Office of
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XII, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Dairy Compact Commission                7, XIII
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
     Acquisition Regulation
[[Page 428]]

  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV

[[Page 429]]

  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Statistics Brureau                 49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 431]]

                                     

                                     



               TOXIC SUBSTANCES CAS NUMBER-CHEMICAL INDEX=



    Editorial Note: This listing is provided for information purposes 
only.

                                          Chemicals in CAS Number Order
----------------------------------------------------------------------------------------------------------------
 CAS Number                  Name(s) Used in Regulations                               40 CFR Cites
----------------------------------------------------------------------------------------------------------------
50-07-7....  Mitomycin C                                                 721.5175, 799.9510 (e)(2)(ii)(C)(3),
                                                                          799.9538 (e)(2)(ii)(B)(2), 799.9539
                                                                          (e)(2)(ii)(B)(2)
50-18-0....  Cyclophosphamide (monohydrate)                              799.9510 (e)(2)(ii)(C)(2)(i), 799.9530
                                                                          (e)(2)(ii)(C)(2), 799.9538
                                                                          (e)(2)(ii)(B)(2), 799.9539
                                                                          (e)(2)(ii)(B)(2)
50-29-3....  DDT                                                         721.2287
50-32-8....  Benzo(a)pyrene                                              799.9510 (e)(2)(ii)(C)(2)(i), 799.9530
                                                                          (e)(2)(ii)(C)(2)
50-55-5....  Reserpine                                                   721.9470
51-18-3....  Triethylenemelamine                                         799.9538 (e)(2)(ii)(B)(2), 799.9539
                                                                          (e)(2)(ii)(B)(2)
51-28-5....  2,4-Dinitrophenol                                           712.30(e)
51-79-6....  Urethane                                                    721.9930
54-17-8....  m-Phenylenediamine, sulfate salt                            799.3300
56-04-2....  Methylthiouracil                                            721.9660
56-49-5....  3-Methylcholanthrene                                        799.9530 (e)(2)(ii)(C)(2)
56-53-1....  Diethylstilbesterol                                         721.2355
56-57-5....  N-Ethyl-N-nitro-N-nitrosoguanidine or 4-nitroquinoline 1-   799.9510 (e)(2)(ii)(C)(3)
              oxide
56-81-5....  1,2,3-Propanetriol                                          723.250
56-94-5....  Methylcholanthrene                                          721.2092
57-55-6....  1,2-Propanediol,                                            723.250
57-56-7....  Hydrazine carboxamide                                       704.225(a)
57-97-6....  7,12-Dimethylbenzanthracene                                 799.9510 (e)(2)(ii)(C)(2)(i), 799.9530
                                                                          (e)(2)(ii)(C)(2)
60-29-7....  Ethyl ether                                                 712.30(e), 716.20(b)(3), 716.120(d),
                                                                          799.5050
60-35-5....  Acetamide (Ethanamide)                                      704.225(a)
61-82-5....  Amitrole                                                    712.30(e), 716.20(b)(3), 716.120(d)
62-44-2....  Phenacetin (acetamide, N-(4-4-ethoxyphenyl)-                721.5710
62-50-0....  Ethyl methanesulfate                                        721.9580
62-50-0....  Ethylmethanesulfonate                                       799.9530 (e)(2)(ii)(C)(2)
62-50-0....  Ethyl methanesulphonate                                     799.9538 (e)(2)(ii)(B)(2), 799.9539
                                                                          (e)(2)(ii)(B)(2)
62-53-3....  Benzenamine (Aniline)                                       716.120(c)
62-74-8....  Acetic acid, fluoro-, sodium salt                           716.120(a)
62-75-9....  N-Nitrosodimethylamine                                      799.9530 (e)(2)(ii)(C)(2)
62-75-9....  N-Nitrosodimethylamine (for high levels of S-9)             799.9530 (e)(2)(ii)(C)(2)
65-85-0....  Benzoic acid                                                723.250
66-27-3....  Methylmethanesulfonate                                      799.9530 (e)(2)(ii)(C)(2)
66-77-3....  1-Naphthalenecarboxaldehyde                                 712.30(e)
67-63-0....  2-Propanol (Isopropanol)                                    716.120(a), 799.2325
67-64-1....  Acetone                                                     799.5050
67-66-3....  Methane, trichloro-                                         716.120(a)
67-71-0....  Dimethylsulfone                                             712.30(e)
67-72-1....  Ethane, hexachloro-                                         716.120(a)
70-25-7....  N-Methyl-N-nitro-N-nitroso guanadine                        721.4080
70-25-7....  N-Ethyl-N-nitro-N-nitrosoguanidine or 4-nitroquinoline 1-   799.9510 (e)(2)(ii)(C)(3)
              oxide

[[Page 432]]

 
71-36-3....  1-Butanol                                                   723.250, 799.5050
71-55-6....  Ethane, 1,1,1-trichloro- (Methyl chloroform)                716.120(a), 799.4400, 799.5000
72-20-8....  Endrin                                                      704.102, 799.5055(c), (d)(2)
72-57-1....  2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl-[1,1'- 716.120(c)
              diphenyl]-4,4'-diyl)bis(azo)]bis[5-amino-4-hydroxy-,
              tetrasodium salt
74-83-9....  Methane, bromo-                                             716.120(a)
74-87-3....  Methane, chloro-                                            716.120(a)
74-93-1....  Methanethiol                                                799.5055(c), (d)(1)
74-95-3....  Methane, dibromo-                                           799.5055(e), (d)(2)
74-96-4....  Ethyl bromide                                               712.30(e), 716.20(b)(3), 716.120(d)
74-97-5....  Methane, bromochloro-                                       712.30(e)
75-00-3....  Ethane, chloro-                                             716.120(a), 799.5075
75-02-5....  Ethene, fluoro- (Vinyl fluoride)                            716.120(a), 799.1700(a)(1)
75-05-8....  Acetonitrile                                                712.30(e), 716.120(a)
75-07-0....  Acetaldehyde                                                712.30(e), 716.120(d)
75-09-2....  Methane, dichloro- (Methylene chloride)                     712.30(e), 716.120(a)
75-12-7....  Formamide                                                   712.30(e), 716.120(a)
75-15-0....  Carbon disulfide                                            712.30(e), 716.20(b)(3), 716.120(d)
75-21-8....  Oxirane                                                     716.120(a)
75-25-2....  Methane, tribromo-(Bromoform)                               712.30(e), 716.120(a), 799.5055(e),
                                                                          (d)(2)
75-34-3....  Ethane, 1,1,-dichloro-                                      712.30(e), 716.120(a), 799.5055(c),
                                                                          (d)(2), 799.5075
75-34-5....  Ethane, 1,1,2,2-tetrachloro-                                799.5075
75-35-4....  Vinylidene chloride                                         712.30(e), 716.20(b)(3) and (b)(4),
                                                                          716.120(d)
75-38-7....  Ethene, 1,1-difluoro- (Vinylidene fluoride)                 716.120(a), 799.1700(a)(1)
75-56-9....  Oxirane, methyl- (Propylene oxide)                          716.120(a), 799.3450
75-65-0....  tert-Butyl alcohol                                          712.30(e), 716.20(b)(3), 716.120(d)
75-70-7....  Trichhloromethanethiol                                      799.5055(c)
75-87-6....  Acetaldehyde, trichloro-                                    712.30(e), 716.120(d)
75-88-7....  Ethane, 2-chloro-1,1,1-trifluoro-                           716.120(a)
76-01-7....  Pentachloroethane                                           721.3220, 799.5055(c)
76-22-2....  Camphor                                                     712.30(e), 716.20(b)(3), 716.120(d)
77-47-4....  1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-                716.120(a)
77-58-7....  Stannane, dibutylbis[(1-oxododecyl)oxy]- (Dibutyltin        716.120(a)
              dilaurate)
77-73-6....  Dicyclopentadiene                                           712.30(e), 716.20(b)(3) and (b)(4),
                                                                          716.120(d)
77-78-1....  Sulfuric acid, dimethyl ester (Dimethyl sulfate)            712.30(e), 716.20(b)(3), 716.120(d)
77-79-2....  3-Sulfolene                                                 712.30(e)
77-83-8....  Oxiranecarboxylic acid, 3-methyl-3-phenyl-, ethyl ester     716.120(c)
77-85-0....  1,3-Propanediol, 2-(hydroxymethyl)-2-methyl-                723.250
77-99-6....  1,3-Propanediol, 2-ethyl-2-(hydroxymethyl)-                 723.250
78-30-8....  Phosphoric acid, tris(2-methylphenyl) ester                 716.120(c)
78-32-0....  Phosphoric acid, tris(4-methylphenyl) ester                 716.120(c)
78-33-1....  Phenol, (4-(1,1-dimethylethyl)-, phosphate (3:1)            716.120(c)
78-40-4....  Phosphoric acid. triethyl ester                             712.30(e)
78-42-2....  Phosphoric acid, tris(ethylhexyl) ester                     712.30(e)
78-51-3....  Ethanol, 2-butoxy-, phosphate (3:1)                         712.30(e)
78-59-1....  2-Cyclohexen-1-one, 3,5,5-trimethyl- (Isophorone)           712.30(e), 716.120(a)
78-83-1....  1-Propanol, 2-methyl- (Isobutyl alcohol)                    716.120(a), 799.5050
78-84-2....  Propanal, 2-methyl-                                         712.30(e), 716.120(d)
78-85-3....  2-Propenal, 2-methyl-                                       712.30(e)
78-87-5....  Propane, 1,2-dichloro- (Propylene dichloride)               712.30(e), 716.120(a), 799.1550
78-92-2....  sec-Butyl alcohol                                           712.30(e), 716.20(b)(3), 716.120(d)
78-93-3....  2-Butanone (Methyl ethyl ketone)                            716.120(a)
79-00-5....  Ethane, 1,1,2-trichloro-                                    716.120(a)
79-06-1....  2-Propenamide (Acrylamide)                                  716.120(a)
79-10-7....  Acrylic acid                                                799.5000
79-20-9....  Methyl acetate                                              712.30(e), 716.20(b)(3), 716.120(d)
79-27-6....  Ethane, 1,1,2,2-tetrabromo-                                 704.225(a)
79-34-5....  Ethane, 1,1,2,2-tetrachloro-                                716.120(a), 799.5075
79-46-9....  2-Nitropropane                                              712.30(e), 716.120(d)
79-94-7....  Tetrabromobisphenol A                                       716.120(a), 766.35(a)(2), 799.4000
80-04-6....  Cyclohexanol, 4,4'-(1-methylethylidene)bis-                 723.250
80-05-7....  Phenol, 4,4'-(1-methylethylidene)bis- (Bisphenol A)         716.120(a), 799.940
80-07-9....  Sulfonyl bis-(4-chlorobenzene)                              712.30(e)
80-08-0....  4,4'-Diaminodiphenyl sulfone                                712.30(e)
80-09-1....  Phenol, 4,4'-sulfonylbis- (Bisphenol S)                     712.30(e)
80-15-9....  Cumene hydroperoxide                                        799.9510 (e)(2)(ii)(C)(3)
80-46-6....  4-tert-Pentylphenol                                         712.30(e), 716.120(d)
80-51-3....  p,p'-Oxybis(benzenesulfonylhydrazide)                       712.30(e), 716.120(d)

[[Page 433]]

 
80-54-6....  Benzenepropanal,4-(1,1-dimethylethyl)-..-methyl-   712.30(e), 716.120(d)
80-62-6....  2-Propenoic acid, 2-methyl-, methyl ester (Methyl           712.30(e), 716.120(a)
              methacrylate)
81-84-5....  Naphthalenedicarboxylic anhydride                           712.30(e), 716.120(d)
84-51-5....  2-Ethylanthraquinone                                        712.30(e)
84-61-7....  1,2-Benzenedicarboxylic acid, dicyclohexyl ester            716.120(c)
84-64-0....  1,2-Benzenedicarboxylic acid, butyl cyclohexyl ester        716.120(c)
84-65-1....  9,10-Anthraquinone                                          716.120(a), 799.500
84-66-2....  1,2-Benzenedicarboxylic acid, diethyl ester(Diethyl         712.30(e), 716.20(b)(3), 716.120(c),
              phthalate)                                                  (d)
84-69-5....  1,2-Benzenedicarboxylic acid, bis(2-methylpropyl) ester     716.120(c)
84-74-2....  1,2-Benzenedicarboxylic acid, dibutyl ester                 716.120(c), 799.5000
84-75-3....  1,2-Benzenedicarboxylic acid, dihexyl ester (Di-n-hexyl     716.120(c), 799.5000
              phthalate)
84-76-4....  1,2-Benzenedicarboxylic acid, dinonyl ester                 716.120(c)
84-78-6....  1,2-Benzenedicarboxylic acid, butyl octyl ester             716.120(c)
84-83-3....  Acetaldehyde, (1,3-dihydro-1,3, 3-trimethyl-2H-indol-2-     712.30(e), 716.120(d)
              ylidene)
85-01-8....  Phenanthrene                                                704.225(a)
85-22-3....  Benzene, pentabromoethyl-                                   716.120(a)
85-68-7....  1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester      716.120(c)
85-69-8....  1,2-Benzenedicarboxylic acid, 2-ethylhexyl ester            716.120(c)
86-74-8....  9H-Carbazole                                                716.120(a)
87-02-5....  7-Amino-4-hydroxy-2-naphthalenesulfonic acid                712.30(e)
87-10-5....  Benzamide, 3,5-dibromo-N-(4-bromophenyl)-2-hydroxy-         712.30(e), 766.25, 766.35(a)(2)
87-61-6....  Benzene, 1,2,3-trichloro-                                   716.120(a), 799.1053
87-63-8....  Benzenamine, 4-chloro-6-methyl-                             721.1025
87-68-3....  1,3,-Butadiene, 1,1,2,3,4,4-hexachloro-                     716.120(a)
87-83-2....  Benzene, pentabromomethyl-                                  712.30(e)
87-84-3....  Cyclohexane, 1,2,3,4,5-pentabromo-6-chloro-                 712.30(e)
88-18-6....  2-tert-Butylphenol                                          712.30(e), 716.120(d)
88-72-2....  o-Nitrotoluene                                              712.30(e), 716.20(b)(3), 716.120(d)
88-74-4....  Benzenamine, 2-nitro- (2-Nitroaniline)                      716.120(c)
88-99-3....  1,2-Benzenedicarboxylic acid                                723.250
89-13-4....  1,2-Benzenedicarboxylic acid, 2-ethylhexyl-8-methylnonyl    716.120(c)
              ester
89-63-4....  Benzenamine, 4-chloro-2-nitro-                              716.120(c)
89-72-5....  o-sec-Butylphenol                                           712.30(e), 716.20(b)(3), 716.120(d)
89-98-5....  Benzaldehyde, 2-chloro-                                     712.30(e), 716.120(d)
90-02-8....  Benzaldehyde, 2-hydroxy-                                    712.30(e), 716.120(d)
90-04-0....  o-Anisidine                                                 712.30(e), 716.20(b)(3), 716.120(d)
90-13-1....  Naphthalene, 1-chloro-                                      704.83, 716.120(c)
90-15-3....  1-Naphthol                                                  712.30(e)
90-30-2....  N-Phenyl-1-naphthylamine                                    712.30(d)
90-42-6....  [1,1'-Bicyclohexyl]-2-one                                   716.120(a)
90-45-9....  9-Aminoacridine or ICR 191                                  799.9510 (e)(2)(ii)(C)(3)
91-08-7....  Benzene, 1,3-diisocyanato-2-methyl-                         704.225(a)
91-20-3....  Naphthalene                                                 712.30(e), 716.120(a)
91-58-7....  Naphthalene, 2-chloro-                                      704.83, 716.120(a)
91-92-9....  2-Naphthalenecarboxamide, N,N'-(3,3'-dimethoxy[1,1'-        716.120(c)
              biphenyl]-4,4'-diyl)bis[3-hydroxy-
91-96-3....  Butanamide, N,N'-[3,3'-dimethyl(1,1'-biphenyl)-4,4'-        716.120(c)
              diyl]bis[3-oxo-
91-97-4....  1,1'-Biphenyl, 4,4'-diisocyanato-3,3'-dimethyl-             712.30(e), 716.120(c)
92-52-4....  1,1-Biphenyl                                                712.30(e), 716.120(a), 799.925
92-66-0....  1,1'-Biphenyl, 4-bromo- (4-Bromobiphenyl)                   721.1790
92-70-6....  3-Hydroxy-2-naphthoic acid                                  712.30(e)
93-02-7....  Benzaldehyde, 2,5-dimethoxy-                                712.30(e), 716.120(d)
92-84-2....  10H-Phenothiazine                                           716.120(a)
92-86-4....  1,1'-(Biphenyl, 4,4'-dibromo-                               721.1790
92-87-5....  [1,1'-Biphenyl]-4,4'-diamine                                716.120(a), 721.1660
93-00-5....  2-Naphthalenesulfonic acid, 6-amino- (Bronner's acid)       704.225(a)
93-53-8....  Benzeneacetaldehyde, ..-methyl-                    712.30(e)
94-06-4....  4-(1-Methylbutyl)phenol                                     712.30(e), 716.120(d)
94-28-0....  Triethylene glycol bis(2-ethylhexanoate)                    712.30(e)
94-58-6....  Dihydrosafrole                                              799.5055(c), (d)(2)
94-75-7....  Acetic acid, (2,4-dichlorophenoxy)- (2,4-D)                 799.5055(c), (d)(2)
95-01-2....  Benzaldehyde, 2,4-dihydroxy-                                712.30(e)
95-13-6....  Indene                                                      712.30(e), 716.20(b)(3), 716.120(d)
95-32-9....  2-(4-Morpholinyldithio)-benzothiazole                       712.30(e)
95-47-6....  Benzene, 1,2-dimethyl-                                      716.120(a)
95-48-7....  Phenol, 2-methyl- (o-Cresol)                                716.120(a), 799.1250
95-49-8....  Benzene, 1-chloro-2-methyl-(o-Chlorotoluene)                712.30(e), 716.20(b)(3), 716.120(a),
                                                                          (d)
95-50-1....  Benzene, 1,2-dichloro- (o-Dichlorobenzene)                  712.30(e), 716.120(c), 799.1052
95-51-2....  Benzenamine, 2-chloro-                                      716.120(c)
95-54-5....  1,2-Benzenediamine                                          716.120(c), 799.3300
95-63-6....  Benzene, 1,2,4-trimethyl-                                   716.120(b), 799.2175
95-65-8....  3,4-Dimethylphenol                                          712.30(e)

[[Page 434]]

 
95-69-2....  Benzenamine, 4-chloro-2-methyl-                             721.1025
95-70-5....  1,4-Benzenediamine, 2-methyl-                               716.120(c)
95-76-1....  Benzenamine, 3,4-dichloro-                                  716.120(c)
95-80-7....  1,3-Benzenediamine, 4-methyl-                               716.120(c)
95-82-9....  Benzenamine, 2,5-dichloro-                                  716.120(c)
95-83-0....  1,2-Benzenediamine, 4-chloro-                               716.120(c)
95-94-3....  Benzene, 1,2,4,5-tetrachloro-                               716.120(a), 721.1435, 799.1054
96-13-9....  1-Propanol, 2,3-dibromo-                                    712.30(e)
96-18-4....  Propane, 1,2,3-trichloro-                                   712.30(e), 716.120(a)
96-23-1....  1,3-Dichloropropanol                                        799.5055(c), (d(1), (e)(1)
96-29-7....  2-Butanone, oxime (Methyl ethyl ketoxime)                   799.2700
96-37-7....  Methylcyclopentane                                          716.120(a), 799.2155
97-02-9....  Benzenamine, 2,4-dinitro-                                   716.120(c)
97-51-8....  Benzaldehyde, 2-hydroxy-5-nitro-                            712.30(e)
97-63-2....  2-Propenoic acid, 2-methyl-, ethyl ester                    799.5055(c), (d)(2)
97-77-8....  Disulfiram                                                  712.30(e), 716.20(b)(3), 716.120(d)
97-88-1....  2-Propenoic acid, 2-methyl-, butyl ester (n-Butyl           712.30(e)
              methacrylate)
98-01-1....  2-Furancarboxaldehyde                                       712.30(e), 716.120(a)
98-03-3....  2-Thiophenecarboxaldehyde                                   712.30(e)
98-29-3....  tert-Butylcatechol                                          712.30(e), 716.20(b)(3) and (b)(4),
                                                                          716.120(d)
98-30-6....  2-Amino-4-(methylsulfonyl)phenol                            712.30(e)
98-48-6....  1,3-Benzenedisulfonic acid                                  712.30(e)
98-51-1....  p-tert-Butyltoluene (p-TBT)                                 704.33, 716.120(a)
98-54-4....  4-tert-Butylphenol                                          712.30(e), 716.120(d)
98-56-6....  Benzene, 1-chloro-4-trifluoromethyl-                        716.120(a)
98-73-7....  p-tert-Butylbenzoic acid (p-TBBA)                           704.33
98-82-8....  Cumene (1-Methylethylbenzene)                               716.120(a),799.1285
98-83-9....  Benzene, (1-methylethenyl)-                                 716.120(a)
98-95-3....  Benzene, nitro-                                             716.120(a)
99-08-1....  m-Nitrotoluene                                              712.30(e), 716.120(b)(3) and (b)(4),
                                                                          716.120(d)
99-09-2....  Benzenamine, 3-nitro-                                       716.120(a)
99-29-6....  Benzenamine, 2-bromo-6-chloro-4-nitro-                      716.120(c)
99-30-9....  Benzenamine, 2,6-dichloro-4-nitro-                          716.120(c)
99-35-4....  Trinitrobenzene                                             721.1440
99-54-7....  3,4-Dichloronitrobenzene                                    712.30(e), 716.120(d)
99-56-9....  1,2-Benzenediamine, 4-nitro-                                716.120(c)
99-63-8....  Isophthaloyl chloride                                       712.30(e)
99-65-0....  m-Dinitrobenzene                                            712.30(e), 716.20(b)(3),716.120(d)
99-71-8....  4-sec-Butylphenol                                           712.30(e), 716.120(d)
99-72-9....  Benzeneacetaldehyde, 4-methyl-                              712.30(e)
99-87-6....  Benzene, 1-methyl-4-(1-methylethyl)-                        716.120(c)
99-99-0....  p-Nitrotoluene                                              712.30(e), 716.20(b)(3) and (b)(4),
                                                                          716.120(d)
100-00-5...  p-Nitrochlorobenzene                                        712.30(e), 716.20(b)(3),716.120(d)
100-01-6...  Benzenamine, 4-nitro- (4-Nitroaniline, p-Nitroaniline)      712.30(e), 716.20(b)(3), 716.120(c),
                                                                          (d)
100-02-7...  p-Nitrophenol                                               716.120(a), 799.5055(c), (e)(1)
100-10-7...  Benzaldehyde, 4-(dimethylamino)-                            712.30(e), 716.120(d)
100-20-9...  Terephthaloyl chloride                                      712.30(e)
100-21-0...  1,4-Benzenedicarboxylic acid                                723.250
100-25-4...  p-Dinitrobenzene                                            712.30(e), 716.20(b)(3), 716.120(d)
100-28-7...  Benzene, 1-isocyanato-4-nitro-                              712.30(e), 716.120(d)
100-29-8...  4-Ethoxynitrobenzene                                        712.30(e), 716.120(d)
100-40-3...  4-Vinylcyclohexene (Cyclohexene, 4-ethenyl-)                712.30(d), 716.120(a), 799.5000
100-41-4...  Benzene, ethyl-                                             (u), 716.120(a)
100-44-7...  Benzene, chloromethyl-(Benzyl chloride)                     712.30(e), 716.20(b)(3), 716.120(d)
100-48-1...  4-Pyridinecarbonitrile                                      716.120(a)
100-50-5...  3-Cyclohexene-1-carboxaldehyde                              712.30(e), 716.120(d)
100-52-7...  Benzaldehyde                                                712.30(e), 716.120(d)
100-54-9...  3-Pyridinecarbonitrile                                      716.120(a)
100-63-0...  Phenylhydrazine                                             712.30(e), 716.20(b)(3), 716.120(d)
100-70-9...  2-Pyridinecarbonitrile                                      716.120(a)
101-14-4...  4,4'-Methylenebis(2-chloroaniline) (MBOCA)                  704.175, 704.225(a)
101-39-3...  2-Propenal, 2-methyl-3-phenyl-                              712.30(e), 716.120(d)
101-68-8...  Benzene, 1,1'-methylenebis[4-isocyanato-                    712.30(e), 716.120(a)
101-77-9...  Benzenamine, 4,4'-methylenebis-                             716.120(a)
101-84-8...  Benzene, 1,1'-oxybis-                                       716.120(a)
101-86-0...  Octanal, 2-(phenylmethylene)-                               712.30(e), 716.120(d)
101-90-6...  Oxirane, 2,2'-[1,3-phenylenebis(oxymethylene)]bis-          716.120(c)
102-01-2...  Acetoacetanilide                                            712.30(e)
102-36-3...  Benzene, 1,2-dichloro-4-isocyanato-                         712.30(e), 716.120(d)

[[Page 435]]

 
103-11-7...  2-Propenoic acid, 2-ethylhexyl ester                        799.5075
103-65-1...  n-Propylbenzene                                             799.5075
103-71-9...  Benzene, isocyanato-                                        712.30(e)
103-95-7...  Benzenepropanal, ..-methyl-4-(1-methylethyl)-      712.30(e), 716.120(d)
104-09-6...  Benzeneacetaldehyde, 4-methyl-                              712.30(e)
104-12-1...  Benzene, 1-chloro-4-isocyanato-                             712.30(e), 716.120(d)
104-40-5...  4-Nonylphenol                                               712.30(e), 716.120(d)
104-43-8...  4-Dodecylphenol, 716.120(d)                                 712.30(e)
104-49-4...  Benzene, 1,4-diisocyanato-(a)                               712.30(e), 716.120
104-55-2...  2-Propenal, 3-phenyl-                                       712.30(e), 716.120(d)
104-76-7...  1-Hexanol, 2-ethyl-                                         799.1645
104-87-0...  Benzaldehyde, 4-methyl-                                     712.30(e), 716.120(d)
104-88-1...  Benzaldehyde, 4-chloro-                                     712.30(e), 716.120(d)
105-08-8...  1,4-Cyclohexanedimethanol                                   723.250
105-46-4...  sec-Butyl acetate                                           712.30(e), 716.20(b)(3), 716.120(d)
105-60-2...  2H-Azepin-2-one, hexahydro-                                 716.120(a)
106-23-0...  6-Octenal, 3,7-dimethyl-                                    712.30(e), 716.120(d)
106-26-3...  2,6-Octadienal, 3,7-dimethyl-, (Z)-                         712.30(e)
106-31-0...  Butyric anhydride                                           712.30(e)
106-40-1...  Benzenamine, 4-bromo-                                       716.120(c)
106-42-3...  Benzene, 1,4-dimethyl- (p-Xylene)                           712.30(e), 716.20(b)(3), 716.120(a)
106-44-5...  Phenol, 4-methyl- (p-Cresol)                                716.120(a), 799.1250
106-46-7...  Benzene, 1,4-dichloro- (p-Dichlorobenzene)                  712.30(e), 716.120(c), 799.1052
106-47-8...  Benzenamine, 4-chloro-                                      716.120(a)
106-49-0...  Benzenamine, 4-methyl- (p-Toluidine)                        716.120(a)
106-50-3...  1,4-Benzenediamine (p-Phenylenediamine)                     716.120(a), 799.3300
106-51-4...  2,5-Cyclohexadiene-1,4-dione (Quinone)                      716.120(a)
106-63-8...  2-Propenoic acid, 2-methylpropyl ester (Isobutyl acrylate)  712.30(e)
106-65-0...  Butanedioic acid, dimethyl ester                            723.250
106-72-9...  5-Heptenal, 2,6-dimethyl-                                   712.30(e)
106-79-6...  Decanedioic acid, dimethyl ester                            723.250
106-88-7...  Oxirane, ethyl-                                             716.120(a)
106-89-8...  Oxirane, chloromethyl-                                      716.120(a)
106-90-1...  2-Propenoic acid, oxiranylmethyl ester                      716.120(c)
106-91-2...  2-Propenoic acid, 2-methyl-, oxiranylmethyl ester           716.120(c)
106-92-3...  Oxirane, [(2-propenyloxy)methyl]-                           716.120(c)
107-02-8...  2-Propenal                                                  712.30(e), 716.120(d)
107-04-4...  Ethane, 1-bromo-2-chloro-                                   721.3160
107-06-2...  Ethane, 1,1-dichloro- (Ethylene dichloride)                 712.30(e), 716.120(a)
107-20-0...  Acetaldehyde, chloro-                                       712.30(e), 716.120(d)
107-21-1...  1,2-Ethanediol                                              723.250
107-22-2...  Ethanedial                                                  712.30(e), 716.120(d)
107-31-3...  Methyl formate                                              712.30(e), 716.20(b)(3), 716.120(d)
107-46-0...  Hexamethyldisiloxane                                        712.30(e), 716.120(d)
107-50-6...  Tetradecamethylcycloheptasiloxane                           712.30(e), 716.120(d)
107-51-7...  Octamethyltrisiloxane                                       712.30(e), 716.120(d)
107-52-8...  Tetradecamethylhexasiloxane                                 712.30(e), 716.120(d)
107-53-9...  Tetracosamethylundecasiloxane                               712.30(e), 716.120(d)
107-66-4...  Dibutyl phosphate                                           712.30(e), 716.20(b)(3), 716.120(d)
107-75-5...  Octanal, 7-hydroxy-3,7-dimethyl-                            712.30(e), 716.120(d)
107-88-0...  1,3-Butanediol                                              723.250
107-98-2...  1-Methoxy-2-propanol                                        716.120
108-03-2...  1-Nitropropane                                              712.30(e), 716.20(b)(3), 716.120(d)
108-05-4...  Vinyl acetate (Acetic acid ethenyl ester)                   716.120(c)
108-10-1...  2-Pentanone, 4-methyl- (Methyl isobutyl ketone)             716.120(a), 799.5050
108-31-6...  2,5-Furandione (Maleic anhydride)                           716.120(a)
108-38-3...  Benzene, 1,3-dimethyl- (m-Xylene)                           716.120(a)
108-39-4...  Phenol, 3-methyl- (m-Cresol)                                716.120(a), 799.1250
108-42-9...  Benzenamine, 3-chloro-                                      716.120(a)
108-44-1...  m-Toluidine                                                 712.30(e), 716.20(b)(3), 716.120(d)
108-45-2...  1,3-Benzenediamine                                          716.120(a), 799.3300
108-60-1...  Propane, 2,2'-oxybis[1-chloro-                              799.5055(c), (d)(2)
108-65-6...  Propylene glycol monomethyl ether acetate                   712.30(e)
108-67-8...  Benzene, 1,3,5-trimethyl-                                   716.120(a),(b), 799.2175, 799.5075
108-70-3...  Benzene, 1,3,5-trichloro-                                   716.120(a)
108-71-4...  1,3-Benzenediamine, 5-methyl-                               716.120(a)
108-87-2...  Methylcyclohexane                                           712.30(e), 716.20(b)(3), 716.120(d)
108-88-3...  Benzene, methyl- (Toluene)                                  716.120(a)
108-89-4...  Pyridine, 4-methyl-                                         716.120(a)
108-90-7...  Benzene, chloro-                                            712.30(e), 716.20(b)(3), 716.120(a),
                                                                          (d), 799.1051
108-93-0...  Cyclohexanol                                                712.30(e), 716.20(b)(3) and (b)(4),
                                                                          716.120(d), 723.250

[[Page 436]]

 
108-94-1...  Cyclohexanone                                               716.120
108-95-2...  Phenol                                                      716.120(a)
108-95-5...  Thiophenol                                                  712.30(d)
108-98-5...  Benzenethiol                                                716.120(a)
108-99-6...  Pyridine, 3-methyl-                                         716.120(a)
109-06-8...  Pyridine, 2-methyl-                                         716.120(a)
109-66-0...  Pentane                                                     712.30(e), 716.20(b)(3), 716.120(d)
109-77-3...  Propanedinitrile                                            799.5055(c), (d)(1), (e)(1)
109-89-7...  Ethanamine, N-ethyl-                                        716.120(a)
109-90-0...  Ethane, isocyanato-                                         712.30(e)
109-99-9...  Tetrahydrofuran                                             712.30(e), 716.20(b)(3), 716.120(d),
                                                                          799.5050
110-12-3...  Methyl isoamyl ketone                                       712.30(e), 716.20(b)(3) and (b)(4),
                                                                          716.120(d)
110-15-6...  Butanedioic acid                                            723.250
110-17-8...  2-Butenedioic acid (E)-                                     723.250
110-40-7...  Decanedioic acid, diethyl ester                             723.250
110-41-8...  Undecanal, 2-methyl-                                        712.30(e), 716.120(d)
110-54-3...  n-Hexane                                                    799.2155
110-62-3...  Pentanal                                                    712.30(e), 716.120(d)
110-63-4...  1,4-Butanediol                                              723.250
110-78-1...  Propane, 1-isocyanato-                                      712.30(e), 716.120(d)
110-80-5...  2-Ethoxyethanol                                             799.5050
110-82-7...  Cyclohexane                                                 799.5000
110-83-8...  Cyclohexene                                                 712.30(e), 716.20(b)(3), 716.120(d)
110-86-1...  Pyridine                                                    716.120(a)
110-94-1...  Pentanedioic acid                                           723.250
110-98-5...  Dipropylene glycol                                          712.30(e)
110-99-6...  Acetic acid, 2,2'-oxybis-                                   723.250
111-14-8...  Heptanoic acid                                              723.250
111-16-0...  Heptanedioic acid                                           723.250
111-20-6...  Decanedioic acid                                            723.250
111-21-7...  Ethylene bisoxyethylene diacetate (Ethanol, 2,2'-[1,2-      716.120(a)
              ethanediylbis(oxy)] bis-, diacetate)
111-27-3...  1-Hexanol                                                   723.250
111-30-8...  Pentanedial                                                 712.30(e), 716.120(d)
111-36-4...  Butane, 1-isocyanato-                                       712.30(e), 716.120(d)
111-40-0...  1,2-Ethanediamine, N-(2-aminoethyl)- (Diethylenetriamine)   716.120(a), 799.1575
111-42-2...  Diethanolamine (Ethanol, 2,2'-iminobis-)                    716.120(a)
111-46-6...  Ethanol, 2,2'-oxybis-                                       723.250
111-71-7...  Heptanal                                                    712.30(e), 716.120(d)
111-76-2...  Ethanol, 2-butoxy-,                                         716.120(a)
111-84-2...  Nonane                                                      712.30(e), 716.20(b)(3), 716.120(d)
111-96-6...  Diethylene glycol dimethyl ether                            712.30(e), 716.120(d)
112-05-0...  Nonanoic acid                                               723.250
112-15-2...  Ethanol, 2-(2-ethoxyethoxy)-, acetate (``Carbitol''         712.30(e), 716.120(d)
              acetate)
112-31-2...  Decanal                                                     712.30(e), 716.120(d)
112-34-5...  Diethylene glycol butyl ether (Ethanol, 2-[2-butoxyethoxy]- 723.250, 799.1560
              )
112-35-6...  Triethylene glycol monomethyl ether (Ethanol, 2-[2-         716.120(a), 799.4440, 799.5000
              methoxyethoxy]ethoxy)-)
112-44-7...  Undecanal                                                   712.30(e), 716.120(d)
112-45-8...  10-Undecenal                                                712.30(e), 716.120(d)
112-50-5...  Triethylene glycol monoethyl ether (Ethanol, 2-[2-          716.120(a), 799.4440, 799.5000
              ethoxyethoxy] ethoxy-)
112-54-9...  Dodecanal                                                   712.30(e), 716.120(d)
112-90-3...  Oleylamine (Z-9-Octadecen-1-amine)                          716.120(a), 799.3175
112-96-9...  Octadecane, 1-isocyanato-                                   712.30(e), 716.120(d)
115-28-6...  Bicyclo[2.2.1]-hept-5-one-2,3-dicarboxylic acid,            716.120(a)
              1,4,5,6,7,7-hexachloro-
115-77-5...  1,3-Propanediol, 2,2-bis(hydroxymethyl)-                    723.250
115-86-6...  Phosphoric acid, triphenyl ester                            716.120(a)
115-96-8...  Ethanol, 2-chloro-, phosphate (3:1) (Tris[2-                704.225(a), 716.120(a)
              chloroethylphosphate])
116-14-3...  Ethene, tetrafluoro-                                        716.120(c), 799.1700(a)(1)
116-15-4...  1-Propene, 1,1,2,3,3,3-hexafluoro-                          716.120(c), 799.1700(a)(1)
116-81-4...  Bromamine acid                                              712.30(e)
117-81-7...  1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester       716.120(c), 799.5000
117-84-0...  1,2-Benzenedicarboxylic acid, dioctyl ester                 716.120(c)
118-75-2...  2,3,5,6-Tetrachloro-2,5-cyclohexadiene-1,4-dione            721.2220
118-79-6...  Phenol, 2,4,6-tribromo-                                     712.30(d), 716.120(a), 766.35
119-06-2...  1,2-Benzenedicarboxylic acid, ditridecyl ester (Ditridecyl  716.120(c), 799.5000
              phthalate)
119-07-3...  1,2-Benzenedicarboxylic acid, decyl octyl ester             716.120(c)
119-33-5...  4-Methyl-2-nitrophenol                                      712.30(e), 716.120(d)
120-12-7...  Anthracene                                                  716.120(a)

[[Page 437]]

 
120-14-9...  Benzaldehyde, 3,4-dimethoxy-                                712.30(e), 716.120(d)
120-21-8...  Benzaldehyde, 4-(diethylamino)-                             712.30(e), 716.120(d)
120-57-0...  1,3-Benzodioxole-5-carboxaldehyde                           712.30(e), 716.120(d)
120-61-6...  1,4-Benzenedicarboxylic acid, dimethyl ester                723.250
120-80-9...  Catechol                                                    712.30(e), 716.20(b)(3) and (b)(4),
                                                                          716.120(d)
120-82-1...  Benzene, 1,2,4-trichloro-                                   716.120(c), 799.1053
121-14-2...  2,4-Dinitrotoluene                                          712.30(e), 716.20(b)(3), 716.120(d)
121-32-4...  Benzaldehyde, 3-ethoxy-4-hydroxy-                           712.30(e), 716.120(d)
121-33-5...  Benzaldehyde, 4-hydroxy-3-methoxy-                          712.30(e), 716.120(d)
121-39-1...  Oxiranecarboxylic acid, 3-phenyl-, ethyl ester              716.120(c)
121-44-8...  Ethanamine, N,N'-diethyl-                                   716.120(a)
121-47-1...  Benzenesulfonic acid, 3-amino-                              716.120(a)
121-60-8...  4-(Acetylamino)benzenesulfonyl chloride                     712.30(e), 716.120(d)
121-69-7...  Dimethylaniline (Benzenamine, dimethyl-)                    712.30(e), 716.20(b)(3) and (b)(4),
                                                                          716.120(d)
121-71-6...  Phosphoric acid, tris(2-methylpropyl) ester                 712.30(e), 716.120(d)
121-87-9...  Benzenamine, 2-chloro-4-nitro-                              716.120(c)
121-91-5...  1,3-Benzenedicarboxylic acid                                723.250
122-39-4...  Diphenylamine                                               712.30(e), 716.20(b)(3), 716.120(d)
122-40-7...  Heptanal, 2-(phenylmethylene)-                              712.30(e), 716.120(d)
122-60-1...  Oxirane, (phenoxymethyl)-                                   716.120(c)
122-66-7...  Hydrazine, 1,2-diphenyl-                                    716.120(a)
122-78-1...  Benzeneacetaldehyde                                         712.30(e), 716.120(d)
122-99-6...  2-Phenoxyethanol                                            716.120(a)
123-05-7...  Hexanal, 2-ethyl-                                           712.30(e), 716.120(d)
123-08-0...  Benzaldehyde, 4-hydroxy-                                    712.30(e)
123-11-5...  Benzaldehyde, 4-methoxy-                                    712.30(e), 716.120(d)
123-25-1...  Butanedioic acid, diethyl ester                             723.250
123-31-9...  1,4-Benzenediol (Hydroquinone)                              716.120(a), 799.2200
123-33-1...  Maleic hydrazide                                            799.5055(e), (d)(1), (2)
123-38-6...  Propanal                                                    712.30(e), 716.120(d)
123-42-2...  Diacetone alcohol                                           712.30(e), 716.20(b)(3) and (b)(4),
                                                                          716.120(d)
123-54-6...  2,4-Pentanedione                                            712.30(e)
123-61-5...  Benzene, 1,3-diisocyanato-                                  712.30(e), 716.120(a)
123-62-6...  Propanoic anhydride                                         712.30(e)
123-86-4...  n-Butyl acetate                                             799.5000, 799.5050
123-92-2...  Isoamyl acetate                                             712.30(e), 716.20(b)(3), 716.120(d)
123-99-9...  Nonanedioic acid                                            723.250
124-04-9...  Hexanedioic acid                                            723.250
124-13-0...  Octanal                                                     712.30(e), 716.120(d)
124-17-4...  2-(2-Butoxyethoxy)ethyl acetate                             716.120(a)
124-19-6...  Nonanal                                                     712.30(e), 716.120(d)
124-48-1...  Methane, dibromochloro-                                     716.120(a)
126-15-8...  4a(4H)-Dibenzofurancarboxaldehyde,1,5a,6,9,9a,9b-hexahydro- 712.30(e), 716.120(d)
 
126-30-7...  1,3-Propanediol, 2,2-dimethyl-                              723.250
126-33-0...  Sulfolane                                                   712.30(e)
126-72-7...  Tris(2,3-dibromopropyl) phosphate                           704.205, 721.6000
126-73-8...  Phosphoric acid, tributyl ester                             712.30(e), 716.120(a), 799.4360
126-80-7...  Disiloxane, 1,1,3,3-tetramethyl-1,3-bis-[(3-                716.120(c)
              oxiranylmethoxy)propyl]-
126-99-8...  1,3-Butadiene, 2-chloro- (Chloroprene, -           (m), (x), 716.120(a)
              Chloroprene)
127-18-4...  Ethene, tetrachloro-                                        716.120(a)
127-19-5...  Dimethyl acetamide                                          712.30(e), 716.20(b)(3) and (b)(4),
                                                                          716.120(d)
127-63-9...  Diphenylsulfone                                             712.30(e)
128-39-2...  2,6-Di-tert-butyl phenol                                    716.120(a)
128-86-9...  2,6-Anthracenedisulfonic acid, 4,8-diamino-9,10-dihydro-    716.120(a)
              1,5-dihydroxy-9,10-dioxo-
129-00-0...  Pyrene                                                      716.120(a), 704.225(a)
131-11-3...  1,2-Benzenedicarboxylic acid, dimethyl ester (Dimethyl      716.120(c), 799.5000
              phthalate)
131-15-7...  1,2-Benzenedicarboxylic acid, bis(1-methylheptyl) ester     716.120(c)
135-02-4...  Benzaldehyde, 2-methoxy-                                    712.30(e)
137-05-3...  2-Propenoic acid, 2-cyano-, methyl ester                    712.30(e)
137-09-7...  Phenol, 2,4-diamino-, dihydrochloride                       716.120(c)
137-20-2...  N-Methyl-N-oleoyltaurine, sodium salt                       716.120(a)
139-25-3...  Benzene, 1,1'-methylenebis[4-isocyanato-3-methyl-           716.120(a)
140-66-9...  Phenol, 4-(1,1,3,3-tetramethylbutyl)-                       716.120(a)
140-88-5...  2-Propenoic acid, ethyl ester                               716.120(a)
141-27-5...  2,6-Octadienal, 3,7-dimethyl-, (E)-                         712.30(e)
141-28-6...  Hexanedioic acid, diethyl ester                             723.250
141-62-8...  Decamethyltetrasiloxane                                     712.30(e), 716.120(d)

[[Page 438]]

 
141-63-9...  Dodecamethylpentasiloxane                                   712.30(e), 716.120(d)
141-78-6...  Ethyl acetate                                               799.5050
141-79-7...  Mesityl oxide                                               716.120(a), 799.2500, 799.5000
141-85-5...  Benzenamine, 3-chloro-, hydrochloride                       716.120(c)
142-16-5...  Bis(2-ethylhexyl)-2-butenedioate                            712.30(e)
142-62-1...  Hexanoic acid                                               723.250
142-82-5...  Heptane (n-Heptane)                                         712.30(e), 716.20(b)(3), 716.120(d)
142-84-7...  1-Propanamine, N-propyl-                                    716.120(a)
143-07-7...  Dodecanoic acid                                             723.250
143-14-6...  9-Undecenal                                                 712.30(e)
143-22-6...  Triethyleneglycol monobutyl ether (Ethanol, 2-[2-(2-        716.120(a), 799.5000
              butoxyethoxy)ethoxy]-)
143-33-9...  Sodium cyanide                                              712.30(d), 799.5000
144-19-4...  1,3-Pentanediol, 2,2,4-trimethyl-                           723.250
147-82-0...  Benzenamine, 2,4,6-tribromo-                                716.120(c)
149-30-4...  Mercaptobenzothiazole                                       716.120(a), 799.2475
149-57-5...  Hexanoic acid, 2-ethyl-                                     716.120(a), 799.1650
150-76-5...  p-Methoxyphenol                                             712.30(e), 716.20(b)(3), 716.120(d)
287-92-3...  Cyclopentane                                                712.30(e), 716.120(d)
298-07-7...  Phosphoric acid, bis(2-ethylhexyl) ester                    712.30(e)
306-83-2...  Ethane, 2,2-dichloro-1,1,1-trifluoro-                       716.120
311-89-7...  Perfluorotributylamine                                      712.30(e)
328-84-7...  Benzene, 1,2-dichloro-4-(trifluoromethyl)- (3,4-            716.120(a)
              Dichlorobenzo trifluoride)
329-01-1...  Benzene, 1-isocyanato-3-(trifluoromethyl)-                  712.30(e), 716.120(d)
353-50-4...  Carbon oxyfluoride                                          721.2084
354-21-2...  Ethane, 1,2,2-trichloro-difluoro-                           721.3248
354-33-6...  Ethene, pentafluoro-                                        716.120, 721.3240
355-42-0...  Perfluoro-n-hexane                                          712.30(e)
359-11-5...  Ethene, trifluoro-                                          716.120(c)
428-25-8...  Haloalkyl epoxide                                           716.120(c)
428-59-1...  Oxirane, trifluoro(trifluoromethyl)-                        704.102, 716.120(a), 721.4160
455-19-6...  Benzaldehyde, 4-(trifluoromethyl)-                          712.30(e)
465-73-4...  Isodrin                                                     704.102
472-41-3...  Phenol, 4-(3,4-dihydro-2,2,4-trimethyl-2H-1-benzopyran-4-   716.120(a)
              yl)
496-72-0...  1,2-Benzenediamine, 4-methyl-                               716.120(a)
505-48-6...  Octanedioic acid                                            723.250
505-57-7...  2-Hexenal                                                   712.30(e)
526-73-8...  Benzene, 1,2,3-trimethyl-                                   716.120(a), (b), 799.2175
528-29-0...  o-Dinitrobenzene                                            712.30(e), 716.20(b)(3), 716.120(d)
528-44-9...  1,2,4-Benzenetricarboxylic acid                             723.250
531-85-1...  [1,1'-Biphenyl]-4,4'-diamine, dihydrochloride               721.1660
532-27-4...  a-Chloroacetophenone                                        712.30(e), 716.20(b)(3), 716.120(d)
540-59-0...  1,2-Dichloroethylene                                        712.30(e), 716.20(b)(3), 716.120(d)
540-88-5...  tert-Butyl acetate                                          712.30(e), 716.20(b)(3), 716.120(d)
540-97-6...  Dodecamethylcyclohexasiloxane                               712.30(e), 716.120(d)
541-01-5...  Hexadecamethylheptasiloxane                                 712.30(e), 716.120(d)
541-02-6...  Decamethylcyclopentasiloxane                                712.30(e), 716.120(d)
541-05-9...  Hexamethylcyclotrisiloxane                                  712.30(e), 716.120(d)
541-69-5...  1,3-Benzenediamine, dihydrochloride                         716.120(c)
541-70-8...  1,3-Benzenediamine, sulfate (1:1)                           716.120(c)
541-73-1...  Benzene, 1,3-dichloro-                                      716.120(c)
542-75-6...  1-Propene, 1,3-dichloro-                                    716.120(a)
542-92-7...  Cyclopentadiene                                             712.30(e), 716.20(b)(3) and (b)(4),
                                                                          716.120(d)
546-56-5...  Octaphenylcyclotetrasiloxane                                712.30(e), 716.120(d)
552-89-6...  Benzaldehyde, 2-nitro-                                      712.30(e)
554-00-7...  Benzenamine, 2,4-dichloro-                                  716.120(c)
556-52-5...  Oxiranemethanol (Glycidol)                                  716.120(c)
556-67-2...  Octamethylcyclotetrasiloxane                                712.30(e), 716.120(a), (c), 799.5000
556-68-3...  Hexadecamethylcyclooctasiloxane                             712.30(e), 716.120(d)
556-69-4...  Octadecamethyloctasiloxane                                  712.30(e), 716.120(d)
556-70-7...  Docosamethyldecasiloxane                                    712.30(e), 716.120(d)
556-71-8...  Octadecamethylcyclononasiloxane                             712.30(e), 716.120(d)
558-30-5...  Oxirane, 2,2-dimethyl-                                      716.120(c)
563-04-2...  Phosphoric acid, tris(3-methylphenyl) ester                 716.120(c)
563-41-7...  Semicarbazide hydrochloride (Hydrazinecarboxamide           704.225(a)
              monohydrochloride)
563-54-2...  1-Propene, 1,2-dichloro-                                    716.120(a)
563-58-6...  1-Propene, 1,1-dichloro-                                    716.120(a)
573-58-0...  1-Naphthalenesulfonic acid, 3,3'-[[1,1'-biphenyl]-4,4'-     716.120(c), 721.1660
              diylbis(azo)]bis[4-amino-, disodium salt

[[Page 439]]

 
573-58-0...  Congo Red (for the reductive metabolic activation method)   799.9510 (e)(2)(ii)(C)(2)(i)
580-51-8...  [1,1'-Biphenyl]-3-ol                                        716.120(a)
584-84-9...  Benzene, 2,4-diisocyanato-1-methyl-                         704.225(a), 716.120(a)
585-07-9...  2-Propenoic acid, 2-methyl-, 1,1-dimethylethyl ester        721.8500
590-86-3...  Butanal, 3-methyl-                                          712.30(e), 716.120(d)
591-78-6...  Methyl n-butyl ketone (2-Hexanone)                          721.4925
593-60-2...  Ethene, bromo-                                              712.30(e)
594-42-3...  Methanesulfenyl chloride, trichloro-                        712.30(e), 799.5055(c), (d)(1), (2),
                                                                          (e)(1)
597-31-9...  Propanal, 3-hydroxy-2,2-dimethyl-                           712.30(e), 716.120(d)
607-57-8...  2-Nitrofluorene                                             799.9510 (e)(2)(ii)(C)(3)
608-27-5...  Benzenamine, 2,3-dichloro-                                  716.120(c)
608-93-5...  Benzene, pentachloro-                                       716.120(c), 721.1430, 799.5055(c),
                                                                          (d)(2)
611-14-3...  Benzene, 1-ethyl-2-methyl- (o-Ethyltoluene)                 716.120(b)
613-13-8...  2-Aminoanthracene                                           799.9510 (e)(2)(ii)(C)(2)(i)
614-68-6...  Benzene, 1-isocyanato-2-methyl-                             712.30(e), 716.120(d)
614-94-8...  1,3-Benzenediamine, 4-methoxy-, dihydrochloride             716.120(c)
615-05-4...  1,3-Benzenediamine, 4-methoxy-                              716.120(c)
615-28-1...  1,2-Benzenediamine dihydrochloride                          716.120(c)
615-45-2...  1,4-Benzenediamine, 2-methyl-, dihydrochloride              716.120(c)
615-46-3...  1,4-Benzenediamine, 2-chloro-, dihydrochloride              716.120(c)
615-50-9...  1,4-Benzenediamine, 2-methyl-, sulfate (1:1)                716.120(c)
615-53-2...  N-Nitroso-N-methylurethane                                  721.9957
615-58-7...  Phenol, 2,4-dibromo-                                        712.30(e)
616-21-7...  1,2-Dichlorobutane                                          712.30(e)
620-14-4...  m-Ethyltoluene (Benzene, 1-ethyl-3-methyl-)                 716.120(a),(b), 716.1203
622-58-2...  Benzene, 1-isocyanato-4-methyl-                             712.30(e), 716.120(d)
622-86-6...  Benzene, 2-(chloroethoxy)-                                  721.1210
622-96-8...  p-Ethyltoluene (Benzene, 1-ethyl-4-methyl-)                 716.120(a), (b), 716.1203
624-17-9...  Nonanedioic acid, diethyl ester                             723.250
624-18-0...  1,4-Benzenediamine dihydrochloride                          716.120(c)
624-83-9...  Methane, isocyanato-                                        712.30(e)
624-92-0...  Dimethyl disulfide                                          704.225(a)
626-17-5...  1,3-Dicyanobenzene (m-Phthalodinitrile)                     712.30(e), 716.120(d)
626-43-7...  Benzenamine, 3,5-dichloro-                                  716.120(c)
627-93-0...  Hexanedioic acid, dimethyl ester                            723.250
628-63-7...  n-Amyl acetate                                              712.30(e), 716.20(b)(3), 716.120(d),
                                                                          799.5050
629-11-8...  1,6-Hexanediol                                              723.250
632-79-1...  Tetrabromophthalic anhydride                                712.30(d)
634-66-2...  Benzene, 1,2,3,4-tetrachloro-                               716.120(c), 721.1435
634-90-2...  Benzene, 1,2,3,5-tetrachloro-                               716.120(c)
634-93-5...  Benzenamine, 2,4,6-trichloro-                               716.120(c)
635-22-3...  Benzenamine, 4-chloro-3-nitro-                              716.120(c)
636-09-9...  1,4-Benzenedicarboxylic acid, diethyl ester                 723.250
637-92-3...  Ethyl tert-butyl ether                                      712.30(d), 716.120(a)
640-19-7...  Acetamide, 2-fluoro-                                        799.5055(c), (e)(1)
646-06-0...  1,3-Dioxolane                                               716.120(a)
677-21-4...  1-Propene, 3,3,3-trifluoro-                                 716.120(a)
680-31-9...  Hexamethylphosphoramide                                     721.4180
685-91-6...  Acetamide, N,N'-diethyl-                                    716.120(a)
693-23-2...  Dodecanedioic acid                                          723.250
693-38-9...  Hexadecanoic acid, ethenyl ester                            721.4158
759-73-9...  Ethylnitrosourea                                            799.9530 (e)(2)(ii)(C)(2)
759-73-9...  Ethyl nitrosourea                                           799.9538 (e)(2)(ii)(B)(2), 799.9539
                                                                          (e)(2)(ii)(B)(2)
760-23-6...  3,4-Dichlorobutene                                          712.30(e)
768-52-5...  N-Isopropylaniline                                          712.30(e), 716.20(b)(3), 716.120(d)
770-35-4...  1-Phenoxy-2-propanol                                        712.30(e)
781-43-1...  9,10-Dimethylanthracene                                     799.9510 (e)(2)(ii)(C)(2)(i)
811-97-2...  Ethane, 1,1,1,2-tetrafluoro-                                716.120(c)
812-00-0...  Phosphoric acid, monomethyl ester                           712.30(e), 716.120(d)
818-38-2...  Pentanedioic acid, diethyl ester                            723.250
823-40-5...  1,3-Benzenediamine, 2-methyl-                               716.120(c)
827-94-1...  Benzenamine, 2,6-dibromo-4-nitro-                           716.120(c)
872-50-4...  N-methylpyrrolidone                                         799.5000
929-06-6...  2-(2-Aminoethoxy)-ethanol                                   712.30(e), 716.120(d)
930-22-3...  Oxirane, ethenyl-                                           716.120(a)
930-37-0...  Oxirane, methoxymethyl-                                     716.120(c)
930-55-2...  Nitrosopyrrolidine                                          721.9000
931-35-1...  1H-Imidazole, 2-ethyl-4,5-dihydro-4-methyl-                 721.4468

[[Page 440]]

 
939-97-9...  Benzaldehyde, 4-(1,1-dimethylethyl)- (p-tert-               704.33, 712.30(e), 716.120(a)
              Butylbenzaldehyde (p-TBB))
949-13-3...  2-Octylphenol                                               712.30(e), 716.120(d)
992-59-6...  1-Naphthalenesulfonic acid, 3,3'-[(3,3'-dimethyl [1,1'-     716.120(c)
              biphenyl]-4,4'-diyl)bis(azo)bis[4-amino-, disodium salt
994-05-8...  tert-Amyl methyl ether                                      712.30(d), 716.120(a),799.5000
999-97-3...  Hexamethyldisilazane                                        712.30(e), 716.120(d)
1000-82-4..  Methylolurea (Hydroxymethyl urea)                           716.120(a)
1047-16-1..  Quinacridone                                                712.30(e)
1069-55-2..  2-Propenoic acid, 2-cyano-, isobutyl ester                  712.30(e)
1070-03-7..  Phosphoric acid, mono(2-ethylhexyl) ester                   712.30(e), 716.120(d)
1111-78-0..  Ammonium carbamate                                          712.30(e)
1116-54-7..  N-Nitrosodiethanolamine                                     721.3350
1119-40-0..  Pentanedioic acid, dimethyl ester                           723.250
1121-60-4..  2-Pyridinecarboxaldehyde                                    712.30(e), 716.120(d)
1129-42-6..  Urea, (hexahydro-6-methyl-2-oxo-4-pyrimidinyl)-             721.9920
1163-19-5..  Decabromodiphenyl ether                                     712.30(d), 716.120(a), 766.35
1185-81-5..  Dibutyltin bis(lauryl mercaptide) [Stannane,                716.120(a)
              dibutylbis(dodecylthio)-]
1187-03-7..  Urea, tetraethyl-                                           721.9928
1197-37-1..  1,2-Benzenediamine 4-ethoxy-                                716.120(c)
1200-14-2..  Benzaldehyde, 4-butyl-                                      712.30(e)
1208-52-2..  Benzenamine, 2-[(4-aminophenyl)methyl]-                     716.120(a)
1241-94-7..  Phosphoric acid, 2-ethylhexyl diphenyl ester                716.120(c)
1300-16-9..  Nonylphenol (mixed isomers)                                 712.30(e), 716.120(d)
1300-73-8..  Xylidine                                                    712.30(e), 716.20(b)(3), 716.120(d)
1309-64-4..  Antimony trioxide                                           716.120(a)
1321-38-6..  Benzene, diisocyanatomethyl- (unspecified isomer)           704.225(a), 716.120(a)
1321-64-8..  Naphthalene, pentachloro-                                   704.83, 716.120(a)
1321-65-9..  Naphthalene, trichloro-                                     704.83, 716.120(a)
1322-69-6..  (1,1,3,3-Tetramethylbutyl)phenol (mixed isomers)            712.30(e), 716.120(d)
1330-78-5..  Phosphoric acid, tris(methylphenyl) ester                   716.120(c)
1331-47-1..  [1,1'-Biphenyl]-4,4'-diamino, dichloro-                     716.120(a)
1331-57-3..  Dodecylphenol (mixed isomers)                               712.30(e), 716.120(d)
1331-92-6..  2-Propenal, 3-phenyl-,monopentyl derivative                 712.30(e), 716.120(d)
1332-21-4..  Asbestiform mineral(s)                                      763, 716.120(c)
1333-41-1..  Pyridine, methyl-                                           716.120(a)
1333-83-0..  Chromium trioxide                                           749.68
1334-78-7..  Benzaldehyde, methyl-                                       712.30(e)
1335-87-1..  Naphthalene, hexachloro-                                    704.83, 716.120(a)
1335-88-2..  Naphthalene, tetrachloro-                                   704.83, 716.120(a)
1345-04-6..  Antimony trisulfide                                         716.120(a)
1423-46-7..  3-Cyclohexene-1-carboxaldehyde,2,4,6-trimethyl-             712.30(e)
1429-50-1..  Phosphonic acid, [1,2-                                      704.95
              ethanediylbis[nitrilobis(methylene)]]tetrakis- (EDTMPA)
1459-93-4..  1,3-Benzenedicarboxylic acid, dimethyl ester                723.250
1464-53-5..  2,2'-Bioxirane                                              716.120(a)
1476-23-9..  Propene, 3-isocyanato-                                      712.30(e), 716.120(d)
1498-51-7..  Phosphorodichloridic acid, ethyl ester                      712.30(e), 716.120(d)
1504-74-1..  2-Propenal, 3-(2-methoxyphenyl)-                            712.30(e), 716.120(d)
1511-62-2..  Methane, bromodifluoro-                                     721.4820
1623-15-0..  Phosphoric acid, monobutyl ester                            712.30(e), 716.120(d)
1623-24-1..  Phosphoric acid, mono(1-methylethyl) ester                  712.30(e), 716.120(d)
1634-04-4..  Propane, 2-methoxy-2-methyl-, (Methyl tert-butyl ether)     716.120(a), 799.5000
1638-22-8..  4-n-Butylphenol                                             712.30(e), 716.120(d)
1675-54-3..  Oxirane, 2,2'-[(1-methylethylidene)bis(4,1-                 716.120(c), 799.5000
              phenyleneoxymethylene)]bis-
1690-76-2..  2-Piperdinone, 1,3-dimethyl-                                721.6175
1717-00-6..  Ethane, 1,1-dichloro-1-fluoro-                              721.3200
1732-08-7..  Heptanedioic acid, dimethyl ester                           723.250
1732-09-8..  Octanedioic acid, dimethyl ester                            723.250
1732-10-1..  Nonanedioic acid, dimethyl ester                            723.250
1806-26-4..  4-Octylphenol                                               712.30(e), 716.120(d)
1817-73-8..  Benzenamine, 2-bromo-4,6-dinitro-                           716.120(c)
1825-30-5..  Naphthalene, 1,5-dichloro-                                  704.83, 716.120(a)
1825-31-6..  Naphthalene, 1,4-dichloro-                                  704.83, 716.120(a)
1852-04-6..  Undecanedioic acid                                          723.250
1888-71-7..  1-Propene, 1,1,2,3,3,3-hexachloro-                          721.4155
1937-37-7..  2,7-Naphthalenedisulfonic acid, 4-amino-3-[[4'-[(2,4-       716.120(c), 721.1660
              diaminophenyl)azo][1,1'-biphenyl]-4-yl]azo]-5-hydroxy-6-
              (phenylazo)-, disodium salt
2050-69-3..  Naphthalene, 1,2-dichloro-                                  704.83, 716.120(a)
2050-72-8..  Naphthalene, 1,6-dichloro-                                  704.83, 716.120(a)

[[Page 441]]

 
2050-73-9..  Naphthalene, 1,7-dichloro-                                  704.83, 716.120(a)
2050-74-0..  Naphthalene, 1,8-dichloro-                                  704.83, 716.120(a)
2050-75-1..  Naphthalene, 2,3-dichloro-                                  704.83, 716.120(a)
2052-07-5..  1,1'-(Biphenyl, 2-bromo-                                    721.1790
2065-70-5..  Naphthalene, 2,6-dichloro-                                  704.83, 716.120(a)
2113-57-7..  1,1'-(Biphenyl, 3-bromo-                                    721.1790
2150-54-1..  2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl[1,1'-  716.120(c)
              biphenyl]-4,4'-diyl)bis(azo)]bis[4,5-dihydroxy-,
              tetrasodium salt
2163-42-0..  1,3-Propanediol, 2-methyl                                   723.250
2198-75-6..  Naphthalene, 1,3-dichloro-                                  704.83, 716.120(a)
2198-77-8..  Naphthalene, 2,7-dichloro-                                  704.83, 716.120(a)
2210-79-9..  Oxirane, [(2-methylphenoxy)methyl]-                         716.120(c)
2224-15-9..  Oxirane, 2,2'-[1,2-ethanediylbis(oxymethylene)]bis-         716.120(c)
2234-13-1..  Naphthalene, octachloro-                                    704.83, 716.120(a)
2238-07-5..  Oxirane, 2,2'-[oxybis(methylene)]bis-                       716.120(c)
2302-97-8..  1-Naphthalenesulfonic acid, 8,8'-[[1,1'-biphenyl]-4,4'-     721.1660
              diylbis(azo)]bis[7-hydroxy-, disodium salt]
2315-66-4..  Decaethylene glycol 4-isooctylphenyl ether                  712.30(e), 716.120(d)
2368-80-1..  Hydrazine, (2-fluorophenyl)                                 721.4257
2370-88-9..  Tetramethylcyclotetrasiloxane                               712.30(e), 716.120(d)
2374-14-3..  Trifluoropropylmethylcyclotrisiloxane                       712.30(e), 716.120(d)
2404-44-6..  Oxirane, octyl-                                             716.120(c)
2421-27-4..  2-Propenoic acid, 2-hydroxybutyl ester                      721.8300
2422-91-5..  Benzene, 1,1',1"-methylidyenetris(4-isocyanato-             712.30(e), 716.120(d)
2425-01-6..  Oxirane, 2,2'-[1,4-phenylenebis(oxymethylene)]bis-(a)       716.120
2425-79-8..  Oxirane, 2,2'-[1,4-butanediylbis(oxymethylene)]bis-         716.120(c)
2426-08-6..  Oxirane, butoxymethyl-                                      716.120(c)
2429-71-2..  1-Naphthalenesulfonic acid, 3,3'-[3,3'-dimethoxy[1,1'-      716.120(c)
              biphenyl]-4,4'-diyl)bis(azo)]bis[4-hydroxy-, disodium
              salt
2429-73-4..  2,7-Naphthalenedisulfonic acid, 5-amino-3-[[4'-[(7-amino-1- 716.120(c), 721.1660
              hydroxy-3-sulfo-2-naphthalenyl)azo][1,1'-biphenyl]-4-
              yl]azo]-4-hydroxy-, trisodium salt
2429-74-5..  2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethoxy[1,1'- 716.120(c)
              biphenyl]-4,4'-diyl)bis(azo)]bis[5-amino-4-hydroxy-,
              tetrasodium salt
2429-79-0..  Benzoic acid, 5-[[4'-[(1-amino-4-sulfo-2-                   716.120(c), 721.1660
              naphthalenyl)azo][1,1'-biphenyl]-4-yl]azo]-2-hydroxy-,
              disodium salt
2429-81-4..  Benzoic acid, 5-[[4'-[[2,6-diamino-3-[[8-hydroxy-3,6-       716.120(c), 721.1660
              disulfo-7-[(4-sulfo-1-naphthalenyl)azo]-2-
              naphthalenyl]azo]-5-methylphenyl]azo-2-naphthalenyl]azo]-
              5-methylphenyl]azo[1,1'-biphenyl]-4-yl]azo]-2-hydroxy-,
              tetrasodium salt
2429-82-5..  Benzoic acid, 5-[[4'-[(7-amino-1-hydroxy-3-sulfo-2-         716.120(c), 721.1660
              naphthalenyl)azo][1,1'-biphenyl]-4-yl]azo]-2-hydroxy-,
              disodium salt
2429-83-6..  2,7-Naphthalenedisulfonic acid, 4-amino-3-[[(4'-diamino-5-  716.120(c), 721.1660
              methylphenyl)azo][1,1'-biphenyl]-4-yl]azo]-5-hydroxy-6-
              (phenylazo)-, disodium salt
2429-84-7..  Benzoic acid, 5-[[4'-[(2-amino-8-hydroxy-6-sulfo-1-         716.120(c), 721.1660
              naphthalenyl)azo][1,1'-biphenyl]-4-yl]azo)-2-hydroxy-,
              disodium salt
2432-99-7..  11-Aminoundecanoic acid                                     704.25, 721.650
2461-15-6..  Oxirane, [[(2-ethylhexyl)oxy]methyl]-                       716.120(c)
2461-18-9..  Oxirane, [(dodecyloxy)methyl]-                              716.120(c)
2471-08-1..  Hexacosamethyldodecasiloxane                                712.30(e), 716.120(d)
2471-09-2..  Octacosamethyltridecasiloxane                               712.30(e), 716.120(d)
2471-10-5..  Triacontamethyltetradecasiloxane                            712.30(e), 716.120(d)
2471-11-6..  Dotriacontamethylpentadecasiloxane                          712.30(e), 716.120(d)
2493-02-9..  Benzene, 1-bromo-4-isocyanato-                              712.30(e), 716.120(d)
2497-58-7..  Hexaethylene glycol 4-isooctylphenyl ether                  712.30(e), 716.120(d)
2528-36-1..  Phosphoric acid, dibutyl phenyl ester                       716.120(c)
2530-83-8..  Silane, trimethoxy[3-(oxiranylmethoxy)propyl]-              716.120(c)
2536-05-2..  Benzene, 1,1'-methylenebis[2-isocyanato-                    716.120(a)
2554-06-5..  Methylvinylcyclosiloxane                                    712.30(e), 716.120(d)
2556-36-7..  Cyclohexane, 1,4-diisocyanato-                              716.120(a)
2580-77-0..  2,2'-Sulfonyl bisethanol                                    712.30(e)
2586-57-4..  1,3-Naphthalenedisulfonic acid, 4-amino-5-hydroxy-6[[4'-    716.120(c)
              [(2-hydroxy-1-naphthalenyl)azo]-3,3'-dimethoxy[1,1'-
              biphenyl]-4-yl]azo]-, disodium salt
2586-58-5..  Benzoic acid, 5-[[4'-[[2,6-diamino-3-methyl-                716.120(c), 721.1660
              5[(sulfophenyl)azo]phenyl]azo][1,1'-biphenyl]-4-yl]azo]-2-
              hydroxy-, disodium salt
2591-86-8..  1-Piperidinecarboxaldehyde                                  712.30(e), 716.120(d)
2602-46-2..  2,7-Naphthalenedisulfonic acid, 3,3'-[[1,1'-biphenyl]-      716.120(c), 721.1660
              4,4',-diylbis(azo)]bis[5-amino-4-hydroxy-, tetrasodium
              salt
2610-05-1..  1,3-Naphthalenedisulfonic acid, 6,6'-[(3,3'-dimethoxy-      716.120(c)
              [1,1'-biphenyl]-4,4'-diyl)bis(azo)]bis[4-amino-5-hydroxy-
              , tetrasodium salt

[[Page 442]]

 
2615-25-0..  trans-1,4-Cyclohexanediamine                                721.2250
2627-95-4..  Tetramethyldivinyldisiloxane                                712.30(e), 716.120(d)
2652-13-3..  Eicosamethylnonasiloxane                                    712.30(e), 716.120(d)
2687-25-4..  1,2-Benzenediamine, 3-methyl-                               716.120(c)
2716-10-1..  Benzenamine, 4,4-[1,4-phenylene(1-                          721.1120
              methylethylidene)]bis(2,6-dimethyl-
2716-12-3..  Benzendiamine, 4,4'[1,3-phenylenebis(1-                     721.805
              methylethylidene)]bis[2,6-dimethyl-
2778-42-9..  Benzene, 1,3-bis(1-isocyanato-1-methylethyl-                716.120(a)
2837-89-0..  Ethane, 2-chloro-1,1,1,2-tetrafluoro-                       721.3180
2855-19-8..  Oxirane, decyl-                                             716.120(c)
2873-89-0..  Ethane, 2-chloro-1,1,1,2-tetrafluoro-                       716.120(c)
2893-80-3..  Benzoic acid, 5-[[4'-[[2,4-dihydroxy-3-[(4-                 716.120(c), 721.1660
              sulfophenyl)azo]phenyl]azo][1,1'-biphenyl]-4-yl]azo]-2-
              hydroxy-, disodium salt
2897-60-1..  Silane, diethoxymethyl[3-(oxiranylmethoxy)propyl]-          716.120(c)
2909-38-8..  Benzene, 1-chloro-3-isocyanato-                             712.30(e), 716.120(d)
2949-22-6..  Acetic acid, isocyanato-, ethyl ester                       712.30(e), 716.120(d)
2958-09-0..  Phosphoric acid, monooctadecyl ester                        712.30(e), 716.120(d)
3061-36-7..  1,4-Diphenoxybenzene                                        712.30(e)
3083-25-8..  Oxirane, (2,2,2-trichloroethyl)-, (Trichlorobutylene        716.120(a), 721.2725
              oxide)
3089-11-0..  Hexa(methoxymethyl) melamine                                712.30(e), 716.120(d)
3101-60-8..  Oxirane, [[4-(1,1-dimethylethyl)phenoxy]methyl]-            716.120(c)
3121-61-7..  Ethylene glycol monomethyl ether acrylate                   712.30(e)
3132-64-7..  Oxirane, bromomethyl- (Epibromohydrin)                      716.120(c), 721.2600
3132-99-8..  Benzaldehyde, 3-bromo-                                      712.30(e), 716.120(d)
3165-93-3..  Benzenamine, 4-chloro-2-methyl-, hydrochloride              721.1025
3173-53-3..  Cyclohexane, isocyanato-                                    712.30(e), 716.120(d)
3180-09-4..  2-Butylphenol                                               712.30(e), 716.120(d)
3194-55-6..  Cyclododecane, 1,2,5,6,9,10-hexabromo-                      712.30(d), 716.120(a)
3234-28-4..  Oxirane, dodecyl-                                           716.120(c)
3266-23-7..  Oxirane, 2,3-dimethyl-                                      716.120(c)
3268-49-3..  Propanal, 3-(methylthio)-                                   712.30(e), 716.120(d)
3278-22-6..  1,1'-[Methylene bis(sulfonyl)]bisethene                     712.30(e)
3296-90-0..  1,3-Propanediol, 2,2-bis(bromoethyl)- (Dibromoneopentyl     712.30(d)
              glycol)
3302-10-1..  Hexanoic acid, 3,3,5-trimethyl-                             723.250
3319-31-1..  1,2,4-Benzenetricarboxylic acid, tris(2-ethylhexyl)ester    716.120(a)
              [Tris(2-ethylhexyl) trimellitate]
3322-93-8..  Cyclohexane, 1,2-dibromo-4-(1,2-dibromoethyl)-              716.120(a)
3389-71-7..  1,2,3,4,7,7-Hexachloronorbornadiene                         704.102, 716.120(a), 721.4140
3530-19-6..  1,3-Naphthalenedisulfonic acid, 8-[[4'-[(4-                 716.120(c), 721.1660
              ethoxyphenyl)azo][1,1'-biphenyl]-4-yl]azo-7-hydroxy-,
              disodium salt
3531-19-9..  Benzenamine, 2-chloro-4,6-dinitro-                          716.120(c)
3567-65-5..  1,3-Naphthalenedisulfonic acid, 7-hydroxy-8-[[4'-[[4-       716.120(c), 721.1660
              methylphenyl)sulfonyl]oxy]phenyl]azo][1,1'-biphenyl]-4-
              yl]azo]-, disodium salt
3586-14-9..  Benzene, 1-methyl-3-phenoxy-                                712.30(e), 716.120(a)
3613-30-7..  Octanal, 7-methoxy-3,7-dimethyl-                            712.30(e), 716.120(d)
3618-72-2..  Acetamide,N-[5-[bis[2-(acetyloxy) ethyl]amino]-2-[(2-bromo- 799.5000
              4,6- dinitrophenyl)azo]-4-methoxyphenyl]- (C.I. Disperse
              Blue, 79:1)
3618-73-3..  Acetamide,N-[5-[bis[2-(acetyloxy)ethyl]amino]-2-[(2-chloro- 716.120(a)
              4,6- dinitrophenyl)azo]-4-methoxyphenyl]-
3626-28-6..  2,7-Naphthalenedisulfonic acid, 4-amino-5-hydroxy-3-[[4'-   716.120(c), 721.1660
              [(hydroxyphenyl)azo][1,1'-biphenyl]-4-yl]azo)-6-
              (phenylazo)-, disodium salt
3648-20-2..  1,2-Benzenedicarboxylic acid, diundecyl ester               716.120(c), 799.5000
3663-23-8..  1,2-Benzenediamine, 4-butyl-                                716.120(c)
3688-53-7..  Furylfuramide (AF-2)                                        799.9510 (e)(2)(ii)(C)(3)
3811-71-0..  Benzoic acid, 5-[[4'-[[2,4-diamino-5-[(4-                   721.1660
              sulfophenyl)azo]phenyl]azo][1,1'biphenyl]-4-yl]azo]-2-
              hydroxy-,disodium salt
3884-95-5..  2-(1,1,3,3-Tetramethylbutyl)phenol                          712.30(e), 716.120(d)
3900-04-7..  Phosphoric acid, monohexyl ester                            712.30(e), 716.120(d)
3956-55-6..  Acetamide, N-[5-[bis[2-(acetyloxy)ethyl]-amino]-2-[(2-      716.120(a)
              bromo-4,6-dinitrophenyl)azo]-4-ethoxyphenyl]-
3984-22-3..  1,3-Dioxolane, 2-ethenyl-                                   721.2485
3991-73-9..  Phosphoric acid, monooctyl ester                            712.30(e), 716.120(d)
4016-11-9..  Oxirane, ethoxymethyl-                                      716.120(c)
4016-14-2..  Oxirane, [(1-methylethoxy)methyl]-                          716.120(c)
4035-89-6..  Imidodicarbonic diamide, N,N'-2-tris(6-isocyanatohexyl)-    712.30(e), 716.120(d)
4098-71-9..  Cyclohexane, 5-isocyanato-1-(isocyanatomethyl)-1,3,3-       712.30(e), 716.120(a)
              trimethyl-
4151-51-3..  Phenol, 4-isocyanato-, phosphorothioate (3:1) (ester)       712.30(e), 716.120(d)

[[Page 443]]

 
4162-45-2..  Ethanol, 2,2'-[(1-methylethylidene)bis[(2,6-dibromo-4,1-    712.30(e), 766.25, 766.35(a)(2)
              phenylene)oxy]]bis-
4170-30-3..  2-Butenal (Crotonaldehyde)                                  799.5000
4335-09-5..  2,7-Naphthalenedisulfonic acid, 4-amino-5-hydroxy-6[[4'-[4- 716.120(c), 721.1660
              hydroxyphenyl)azo][1,1'-biphenyl]-4-yl]azo]-3-[(4-
              nitrophenyl)azo]-, disodium salt
4501-58-0..  3-Cyclopentene-1-acetaldehyde,2,2,3-trimethyl-              712.30(e), 716.120(d)
4675-54-3..  Bisphenol A diglycidyl ether (DGEBPA)                       799.5000
5026-74-4..  Oxiranemethanamine, N-[4-(oxiranylmethoxy)phenyl]-N-        716.120
              (oxiranylmethyl)-
5042-55-7..  1,3-Benzenediamine, 5-nitro-                                716.120
5124-30-1..  Cyclohexane, 1,1'-methylenebis[4-isocyanato-                712.30(e), 716.120(a)
5131-58-8..  1,3-Benzenediamine, 4-nitro-                                716.120(a)
5131-60-2..  1,3-Benzenediamine, 4-chloro-                               716.120(c)
5216-25-1..  Benzene, 1-chloro-4-(trichloromethyl)-                      799.5055(c), (e)(1)
5246-57-1..  2-[(3-Aminophenyl)sulfonyl]ethanol                          712.30(e)
5255-75-4..  Oxirane, [(4-nitrophenoxy)methyl]-                          716.120(c)
5307-02-8..  1,4-Benzenediamine, 2-methoxy- (p-Diaminoanisole)           716.120(c)
5307-14-2..  1,4-Benzenediamine, 2-nitro-                                716.120(c)
5384-21-4..  Phenol, 4,4'-methylenebis(2,6-dimethyl-                     721.5740(a)
5388-62-5..  Benzenamine, 4-chloro-2,6-dinitro-                          716.120(c)
5435-64-3..  Hexanal, 3,5,5-trimethyl-                                   712.30(e)
5470-11-1..  Hydroxylamine hydrochloride (Hydroxylammonium chloride)     704.225
5493-45-8..  1,2-Cyclohexanedicarboxylic acid, bis(oxiranylmethyl)       716.120(c)
              ester
5780-07-4..  1,3-Benzodioxole-5-carboxaldehyde,7-methoxy-                712.30(e)
5873-54-1..  Benzene, 1-isocyanato-2-[4-isocyanatophenyl)methyl]-        712.30(e), 716.120(a)
5949-05-3..  6-Octenal, 3,7-dimethyl-, (S)-                              712.30(e)
5988-91-0..  Octanal, 3,7-dimethyl-                                      712.30(e)
6055-19-2..  Cyclophosphamide (monohydrate)                              799.9510 (e)(2)(ii)(C)(2)(i), 799.9530
                                                                          (e)(2)(ii)(C)(2), 799.9538
                                                                          (e)(2)(ii)(B)(2), 799.9539
                                                                          (e)(2)(ii)(B)(2)
6145-73-9..  1-Propanol, 2-chloro-, phosphate (3:1)                      716.120(a)
6178-32-1..  Propane, 1,2-epoxy-3-(p-nonylphenoxy)- [Oxirane, [(4-       716.120
              nonylphenoxy)methyl]-]
6197-30-4..  2-Propenoic acid, 2-cyano-3,3-diphenyl-, 2-ethylhexyl       712.30(e)
              ester
6219-67-6..  1,3-Benzenediamine, 4-methoxy-, sulfate                     716.120
6219-71-2..  1,4-Benzenediamine, 2-chloro-, sulfate                      716.120
6219-77-8..  1,2-Benzenediamine 4-nitro-, dihydrochloride                716.120
6247-34-3..  2-Anthracenesulfonic acid, 4-[(4-                           716.120(a)
              (acetylamino)phenyl)amino]-1-amino-9,10-dihydro-9,10-
              dioxo-
6283-25-6..  Benzenamine, 2-chloro-5-nitro-                              716.120
6304-39-8..  Octanoic acid, hydrazide                                    721.5385
6315-52-2..  1,2-Ethanediolbis[4-methylbenzenesulfonate]                 721.1630
6358-29-8..  1,3-Naphthalenedisulfonic acid, 8-[[4'-[4-                  716.120(c)
              ethoxyphenyl)azo]-3,3'-dimethyl[1,1'-biphenyl]-4-yl]azo]-
              7-hydroxy-, disodium salt
6358-80-1..  2,7-Naphthalenedisulfonic acid, 4-amino-5-hydroxy-3-[[4'-   721.1660
              [[4-hydroxy-2-[( methylphenyl)amino]phenyl]azo]-1,1'-
              biphenyl]-4-yl]azo]-6-[(4-sulfophenyl)azo]-, trisodium
              salt
6360-29-8..  Benzoic acid 5-[[4'-[[4-[(4-amino-7-sulfo-1-                721.1660
              naphthalenyl)azo]-6-sulfo-1-naphthalenyl]azo][1,1'-
              biphenyl]-4-yl]azo]-7-hydroxy-, trisodium salt
6360-54-9..  Benzoic acid, 5-[[4'-[[2,6-diamino-3-methyl-5-[(4-          716.120(c), 721.1660
              sulfophenyl)azo)phenyl]azo][1,1'-biphenyl]-4-yl]azo]-2-
              hydroxy-3-methyl-, disodium salt
6369-59-1..  1,4-Benzenediamine, 2-methyl-, sulfate                      716.120(c)
6422-86-2..  1,4-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester       716.120(a)
6423-43-4..  Propylene glycol dinitrate                                  712.30(e), 716.20(b)(3), 716.120(d)
6449-35-0..  1-Naphthalenesulfonic acid, 3-[[4'-[(6-amino-1-hydroxy-3-   716.120(c)
              sulfo-2-naphthalenyl)azo]-3,3'-dimethoxy[1,1'-biphenyl]-4-
              yl]azo]-4-hydroxy-, disodium salt
6606-65-1..  2-Propenoic acid, 2-cyano-, butyl ester                     712.30(e)
6637-88-3..  Benzoic acid, 5-[[4'-[(2,6-diamino-3-methyl-5-              716.120(c)
              sulfophenyl)azo]-3,3'-dimethyl[1,1'-biphenyl]-4-yl]azo]-2-
              hydroxy-, disodium salt
6656-03-7..  Cuprate(3-, [-[7-([3,3'-dihydroxy-4'-[[1-hydroxy-  716.120(c)
              6-(phenylamino)-3-sulfo-2-naphthalenyl)azo][1,1'-
              biphenyl]-4-yl]azo]-8-hydroxy-1,6-naphthalene
              disulfonato(7-)]]di-, trisodium
6739-62-4..  Benzoic acid, 2-[[2-amino-6-[[4'-[(3-carboxy-4-             716.120(c)
              hydroxyphenyl)azo]-3,3'-dimethoxy[1,1'-biphenyl]-4-
              yl]azo] -5-hydroxy-7-sulfo-1-naphthalenyl]azo]-5-nitro-,
              trisodium salt
6752-33-6..  Ethanol, 2,2'-(hexylamino)bis-                              721.3340
7013-67-8..  Non-end-blocked siloxanes                                   712.30(e), 716.120(d)
7057-92-3..  Phosphoric acid, didodecyl ester                            712.30(e), 716.120(d)

[[Page 444]]

 
7085-85-0..  2-Propenoic acid, 2-cyano-, ethyl ester                     712.30(e)
7195-45-1..  1,2-Benzenedicarboxylic acid, bis(oxiranylmethyl) ester     716.120(c)
7311-27-5..  Ethanol, 2-[2-[2-[2-(p-nonylphenoxy)ethoxy]ethoxy]ethoxyl-  712.30(e), 716.120(d)
7320-37-8..  Oxirane, tetradecyl-                                        716.120(a)
7324-02-9..  2-Propenoic acid, 2-cyano-, 2-propenyl ester                712.30(e)
7328-97-4..  Oxirane,2,2',2",2'"-[1,2-ethanediylidenetetrakis-(4,1-      716.120(c)
              phenyleneoxymethylene)]tetrakis-
7332-46-9..  Ethanol, 2-(2-butoxyethoxy)-, phosphate (3:1)               712.30(e), 716.120(d)
7390-81-0..  Oxirane, hexadecyl-                                         716.120(c)
7422-52-8..  Trisiloxane, 1,1,1,3,5,5,5-heptamethyl-3-[3-                716.120(c)
              (oxiranylmethoxy)propyl]-
7440-28-0..  Thallium                                                    716.120(a)
7440-36-0..  Antimony                                                    716.120(a)
7440-48-4..  Cobalt                                                      716.120(a)
7460-82-4..  2,2-Oxybisethanebis[4-methylbenzenesulfonate]               721.1630
7631-90-5..  Sodium bisulfite                                            712.30(e), 716.120(d)
7665-72-7..  Oxirane, [(1,1-dimethylethoxy)methyl]-                      716.120(c)
7681-57-4..  Sodium metabisulfite                                        712.30(e), 716.20(b)(3), 716.120(d)
7738-94-5..  Chromic acid                                                749.68
7775-11-3..  Sodium chromate                                             749.68
7778-50-9..  Potassium chromate                                          749.68
7782-50-5..  Chlorine                                                    704.225(a)
7789-00-6..  Potassium chromate                                          749.68
7803-49-8..  Hydroxylammonium (Oxammonium)                               704.225
8001-20-5..  Tung oil                                                    723.250
8001-21-6..  Sunflower oil                                               723.250
8001-22-7..  Soybean oil                                                 723.250
8001-23-8..  Safflower oil                                               723.250
8001-26-1..  Linseed oil                                                 723.250
8001-29-4..  Cottonseed oil                                              723.250
8001-30-7..  Corn oil                                                    723.250
8001-31-8..  Coconut oil                                                 723.250
8002-50-4..  Fats and glyceridic oils, menhaden                          723.250
8014-91-3..  Benzoic acid, 3,3'-[3,7-disulfo-1,5-                        716.120(c), 721.1660
              naphthalenediyl)bis[azo(6-hydroxy-3,1-phenylene)azo[6(or
              7)-sulfo-4,1-naphthalenediyl)azo[1,1'-biphenyl)]-4,4'-
              diylazo]bis[6-hydroxy-, hexasodium salt
8016-35-1..  Fats and glyceridic oils, oiticica                          723.250
8023-79-8..  Oils, palm kernel                                           723.250
8024-09-7..  Oils, walnut                                                723.250
8068-03-9..  Organosolv lignin                                           721.5460
9002-93-1..  Polyethylene glycol 4-(tert-octylphenyl) ether              712.30(e), 716.120(d)
9004-73-3..  Methylpolysiloxane                                          712.30(e), 716.120(d)
9006-65-9..  Dimethicone                                                 712.30(e), 716.120(d)
9011-05-6..  Urea, polymer with formaldehyde                             716.20(b)(1), 716.120(a)
9016-45-9..  Nonylphenol polyethylene glycol ether                       712.30(e), 716.120(d)
9036-19-5..  Polyethylene glycol mono(octyl)phenyl ether                 712.30(e), 716.120(d)
10031-75-1.  Benzene, 1,1'-(diisocyanatomethylene)bis)-                  712.30(e), 716.120(d)
10031-82-0.  Benzaldehyde, 4-ethoxy-                                     712.30(e)
10039-54-0.  Hydroxylamine sulfate (2:1)                                 704.225
10046-00-1.  Hydroxylamine sulfate (1:1)                                 704.225
10192-46-8.  Boric acid (H3BO3), zinc salt (2=3)                         721.3031
10213-77-1.  1-Propanol, 2-[2-(2-methoxypropoxy)propoxy]-                712.30, 716.120(c)
10347-54-3.  Cyclohexane, 1,4-bis(isocyanatomethyl)-                     716.120(a)
10401-50-0.  C.I. Direct Blue 218                                        716.120(c)
10586-17-1.  2-Propenoic acid, 2-cyano-, 1-methylethyl ester             712.30(e)
10588-01-9.  Sodium dichromate                                           749.68
11066-49-2.  Isononylphenol (mixed isomers)                              712.30(e), 716.120(d)
11103-86-9.  Zinc potassium chromate                                     749.68
12001-29-5.  Asbestiform mineral(s)                                      763, 716.120(c)
12031-65-1.  Lithiated metal oxide                                       721.5549
12056-51-8.  Titanate, [Ti6O3 (2 )), potassium                   716.9675
12141-67-2.  Tungstate (W12(OH)2O386-) hexasodium (9CI)                  721.9840
12172-73-5.  Asbestiform mineral(s)                                      763, 716.120
12185-10-3.  White phosphorus                                            712.30(d), 716.120(a)
12217-79-7.  9,10-Anthracenedione, 1,5-diaminochloro-4,8-dihydroxy-      716.120(a)
12510-42-8.  Erionite fiber                                              721.2800
12645-31-7.  Phosphoric acid, 2-ethylhexyl ester                         712.30(e), 716.120(d)
12751-23-4.  Phosphoric acid, dodecyl ester                              712.30(e), 716.120(d)
13236-02-7.  Oxirane, 2,2',2"-[1,2,3-propanetriyltris-                   716.120(c)
              (oxymethylene)]tris-
13393-93-6.  1-Phenanthrenemethanol, tetradecahydro-1,4a-dimethyl-7-(1-  723.250
              methylethyl)-
13414-54-5.  Benzene, 1-[2-methyl-2-propenyl)oxy]-2-nitro-               716.120(a)
13414-55-6.  Benzofuran, 2,3-dihydro-2,2-dimethyl-7-nitro-               716.120(a)

[[Page 445]]

 
13439-89-9.  Guanidine, pentaethyl-                                      721.4085
13530-65-9.  Zinc chromate                                               749.68
13530-68-2.  Dichromic acid                                              749.68
13561-08-5.  Oxirane, 2,2'-(oxiranylmethoxy)-1,3-                        716.120(c)
              phenylene]bis(methylene)]bis-
13586-68-0.  2-Propenal, 3- 4-(1,1-dimethylethyl)phenyl-2-methyl-        712.30(e), 716.120(d)
13654-09-6.  1,1'-(Biphenyl, 2,2',3,3',4,4',5,5',6,6'-decabromo-         721.1790
13674-87-8.  2-Propanol, 1,3-dichloro-, phosphate (3:1)                  716.120(a)
13826-35-2.  Benzenemethanol, 3-phenoxy-,                                712.30(e), 716.120(a)
14018-95-2.  Zinc dichromate                                             749.68
14228-73-0.  Cyclohexane, 1,4-bis[(2,3-epoxypropoxy)methyl]-             716.120(c)
14720-55-9.  Boric acid (H3BO2), zinc salt                               721.3032
14938-35-3.  4-Pentylphenol                                              712.30(e), 716.120(d)
15142-96-8.  Phosphonic acid, [1,2-                                      704.95
              ethanediylbis[nitrilobis(methylene)]]tetrakis-,
              hexasodium salt
15646-96-5.  Hexane, 1,6-diisocyanato-2,4,4-trimethyl-                   712.30(e), 716.120(a)
15827-56-2.  cis-1,4-Cyclohexanediamine                                  721.2250
15872-73-8.  Phenol, 2,4-diamino-6-methyl-                               716.120(c)
15965-99-8.  Oxirane, [(hexadecyloxy)methyl]-                            716.120(c)
16068-37-4.  3,8-Dioxa-4,7-disiladecane, 4,4,7,7-tetraethoxy-            721.3155
16071-86-6.  Cuprate(2-), [5-[[4'-[[2,6-dihydroxy-3-[2-hydroxy-5-        716.120(c), 721.1660
              sulfophenyl)azo]phenyl]azo][1,1'-biphenyl]-4-yl]azo]-2-
              hydroxybenzoato (4-)]-, disodium
16086-31-4.  Oxirane, 2,2'-(1,6-hexanedyilbis(oxymethylene)bis-          721.5575
16143-79-6.  Cuprate(4-), [-[[6,6'-[3,3'-dihydroxy[1,1'-        716.120(c)
              biphenyl]-4-4'-diyl)bis(azo)] bis[4-amino-5-hydroxy-1,3-
              naphthalenedisulfonato]](8-)]]di-, tetrasodium
16245-77-5.  1,4-Benzenediamine, sulfate (1:1) (p-Phenylenediamine,      716.120(c), 799.3300
              sulfate salt)
16245-97-9.  Oxirane, [(octadecyloxy)methyl]-                            716.120(c)
16298-38-7.  Benzenamine, 4,4'-methylenebis[2-methyl-6-(1-methylethyl)]- 721.1105
 
16532-79-9.  Benzene acetonitrile, 4-bromo- (4-Bromobenzyl cyanide)      799.5055(c), (d)(1),(2), (e)(1)
16588-67-3.  3-[N-Ethyl-4-[[6-(methylsulfonyl)-2-benzothiazolyl] azo]-m- 712.30(e)
              toluidino] propionitrile
16938-22-0.  Hexane, 1,6-diisocyanato-2,2,4-trimethyl-                   712.30(e), 716.120(a)
17068-78-9.  Asbestiform mineral(s)                                      763, 716.120(c)
17070-45-0.  9-Aminoacridine or ICR 191                                  799.9510 (e)(2)(ii)(C)(3)
17557-23-2.  Oxirane, 2,2'-[(2,2-dimethyl-1,3-                           716.120(c)
              propanediyl)bis(oxymethylene)]bis-
17557-67-4.  6-(Methylsulfonyl)-2-benzothiazolamine                      712.30(e)
17601-96-6.  2-Amino-4-[(2-hydroxyethyl) sulfonyl]phenol                 712.30(e)
17688-68-5.  4-Phenylthiomorpholine, 1,1-dioxide                         712.30(e)
17741-62-7.  4-[4-[(2,6-Dichloro-4-                                      712.30(e)
              nitrophenyl)azo]phenyl]thiomorpholine, 1,1-dioxide-
17754-90-4.  Benzaldehyde, 4-(diethylamino)-2-hydroxy-                   712.30(e), 716.120(d)
17404-66-9.  4-(1-methyloctyl)phenol                                     712.30(e)
17963-04-1.  Silane, ethoxydimethyl[3-(oxiranylmethoxy)propyl]           716.120(c)
18266-52-9.  1,4-Benzenediamine, 2-nitro-, dihydrochloride               716.120
18495-30-2.  Propane, 1,1,2,3-tetrachloro-                               716.120(a)
18633-25-5.  Oxirane, tridecyl-                                          716.120(a)
18760-44-6.  3-(Decyloxy)tetrahydrothiophene 1,1-dioxide                 712.30(e)
18766-38-6.  Docosamethylcycloundecasiloxane                             712.30(e), 716.120(d)
18772-36-6.  Eicosamethylcyclodecasiloxane                               712.30(e), 716.120(d)
18844-04-7.  Hexatriacontamethylheptadecasiloxane                        712.30(e), 716.120(d)
18919-94-3.  Tetracosamethylcyclododecasiloxane                          712.30(e), 716.120(d)
19249-03-7.  Ethanol, 2,2'[oxybis(2,1-ethanediyloxy)]bis-, bis(4-        721.1630
              methylbenzenesulfonate
19372-44-2.  Calcium, bis(2,4-pentanedionato-O,O'                        721.982
19660-16-3.  2-Propenoic acid, 2,3-dibromopropyl ester                   716.120(a)
20018-09-1.  1-(Diiodomethyl) sulfonyl-4-methyl benzene                  712.30(e)
20103-09-7.  1,4-Benzenediamine, 2,5-dichloro-                           716.120(c)
20217-01-0.  Oxirane, [(2,4-dibromophenoxy)methyl]-                      716.120(c)
20282-70-6.  [1,1'-Biphenyl]-4,4'-bis(diazonium), 3,3'-dimethoxy-        716.120(c)
20324-32-7.  1-(2-Methoxy-1-methylethoxy)-2-propanol                     712.30(e)
20324-33-8.  Tripropylene glycol methyl ether                            712.30(e)
20427-84-3.  Ethanol, 2-[2-(p-nonylphenoxy)ethoxy]-                      712.30(e), 716.120(d)
20636-48-0.  Nonylphenol polyethylene glycol ether                       712.30(e), 716.120(d)
21429-43-6.  Acetamide, N-[5-[bis[2-(acetyloxy)ethyl]amino]-2-[2-chloro- 716.120(a)
              4,6-dinitrophenyl]azo]-4-ethoxyphenyl]-
21982-43-4.  2-Propenoic acid, 2-cyano-, ethoxyethyl ester               712.30(e)
22092-38-2.  Oxirane, pentadecyl-                                        716.120(c)
23023-91-8.  2-Propenoic acid, 2-cyano-, 2,2,2-trifluoromethyl ester     712.30(e)
23523-12-8.  Hexatriacontamethylcyclooctadecasiloxane                    712.30(e), 716.120(d)
23523-14-0.  Triacontamethylcyclopentadecasiloxane                       712.30(e), 716.120(d)
23732-94-7.  Hexacosamethylcyclotridecasiloxane                          712.30(e), 716.120(d)

[[Page 446]]

 
23783-42-8.  Tetraethylene glycol monomethyl ether                       712.30(e)
25013-15-4.  Vinyl toluene                                               712.30(e), 716.20(b)(3), 716.120(d)
25036-25-3.  Phenol, 4,4'-(1-methylethylidene)bis-, polymer with 2,2'-   723.250
              [(1-methylethylidene)bis(4,1-phenyleneoxymethylene)]
              bis[oxirane]
25085-99-8.  Oxirane, 2,2'-[(1-methylethylidene)bis(4,1-                 716.120(c)
              phenyleneoxymethylene)] bis-, homopolymer
25119-62-4.  2-Propen-1-ol, polymer with ethenylbenzene                  723.250
25154-52-3.  Nonylphenol (mixed isomers)                                 712.30(e), 716.120(d)
25155-23-1.  Phenol, dimethyl-, phosphate (3:1)                          716.120(c)
25168-06-3.  Isopropyl phenol (Phenol, 1-methylethyl-)                   716.120(a)
25168-21-2.  Dibutyltin bis(isooctyl maleate) [2-Butenoic acid, 4,4'-    716.120(a)
              [(dibutylstannylene)bis(oxy)]bis[4-oxo-, diisoctl ester,
              (Z,Z)-]
25168-24-5.  Dibutyltin S,S'-bis(isooctyl) mercaptoacetate [Acetic       716.120
              acid, 2,2'-[(dibutylstannylene)bis(thio)]bis-, diisooctyl
              ester]
25245-34-5.  Benzene, 2-bromo-1,4-dimethoxy-                             721.1193
25327-89-3.  Benzene, 1,1'-(1-methylethylidene)bis(3,5-dibromo-4-(2-     712.30(e), 716.120(d), 766.35
              propenyloxy)-
25376-45-8.  Benzenediamine, ar-methyl                                   716.120(c)
25550-14-5.  Benzene, ethylmethyl- (mixed isomers)                       716.120(a), (b), 799.2175
25551-13-7.  Benzene, trimethyl- (mixed isomers)                         716.120(a), (b)
25586-43-0.  Naphthalene, chloro-                                        704.83, 716.120(c)
25608-40-6.  l-Aspartic acid, homopolymer and ammonium and potassium     721.979
              salts
25618-55-7.  1,2,3-Propanetriol, homopolymer                             723.250
25640-78-2.  Isopropyl biphenyl                                          716.120(a)
25724-58-7.  1,2-Benzenedicarboxylic acid, decyl hexyl ester             716.120(c)
25852-70-4.  Monobutyltin tris(isooctyl) mercaptoacetate                 716.120(a)
25854-16-4.  Benzene, bis(isocyanatomethyl)-                             712.30(e), 716.120(d)
26027-38-3.  p-Nonylphenoxl polyethylene glycol ether, nonylphenol       712.30(e), 716.120(d)
              polyethylene glycol ether, nonylphenoxypolyoxyethanol
26064-02-8.  p-Nonylphenol ployethylene glycol ether, nonylphenol        712.30(e), 716.120(d)
              polyethylene glycol ether
26266-68-2.  Hexenal, 2-ethyl-                                           712.30(e), 716.120(d)
26444-49-5.  Phosphoric acid, methylphenyl diphenyl ester                716.120(c)
26447-14-3.  Oxirane, [(methylphenoxy)methyl]-                           716.120(c)
26447-40-5.  Benzene, 1,1'-methylenebis[isocyanato-                      712.30(e), 716.120(a)
26471-62-5.  Benzene, 1,3-diisocyanatomethyl-                            704.225(a), 716.120(a)
26530-20-1.  3(2H)-Isothiazolone, 2-octyl-                               716.120(a)
26571-11-9.  Nonylphenol octa(oxyethylene)ethanol                        712.30(e), 716.120(d)
26603-40-7.  1,3,5-Triazine-2,4,6(1H,3H,5H-trione, 1,3,5-                712.30(e), 716.120(d)
              tris(isocyanatomethyl phenyl)-
26628-22-8.  Sodium azide                                                799.9510 (e)(2)(ii)(C)(3)
26636-01-1.  Dimethyltin S,S'-bis(isooctyl) mercaptoacetate [Acetic      716.120(c)
              acid, 2,2'-[(dimethylstannylene)bis(thio)]bis-,
              diisooctyl ester]
26747-90-0.  1,3-Diazetidine-2,4-dione, 1,3-bis(3-                       712.30(e), 716.120(d)
              isocyanatomethylphenyl)-
26750-50-5.  1,1'-[Oxybis(methylenesulfonyl)] bisethene                  712.30(e)
26761-40-0.  1,2-Benzenedicarboxylic acid, diisodecyl ester              716.120(c), 799.5000
26761-45-5.  Neodecanoic acid, 2,3-epoxypropyl ester                     716.120(c)
27176-93-8.  Nonylphenoxydiglycol, nonylphenoxy ethanol                  712.30(e), 716.120(d)
27177-01-1.  Nonylphenoxydiglycol, Nonylphenol polyethylene glycol       712.30(e), 716.120(d)
              ether
27177-05-5.  Nonylphenol hepta(oxyethylene)ethanol                       712.30(e), 716.120(d)
27177-08-8.  Nonylphenolnona(oxyethylene) ethanol, nonylphenol           712.30(e), 716.120(d)
              polyethylene glycol ether
27178-34-3.  tert-Butylphenol                                            712.30(e), 716.120(d)
27179-34-3.  tert-Butylphenol (mixed isomers)                            712.30(e)
27193-28-8.  (1,1,3,3-Tetramethylbutyl)phenol (mixed isomers)            712.30(e), 716.120(d)
27193-86-8.  Dodecylphenol (mixed isomers)                               712.30(e), 716.120(d)
27215-10-7.  Phosphoric acid, diisooctyl ester                           712.30(e), 716.120(d)
27554-26-3.  1,2-Benzenedicarboxylic acid, diisooctyl ester              716.120(c)
27753-52-2.  Nonabromobiphenyl                                           721.1790
27816-23-5.  2-Propenoic acid, 2-cyano-, 2-methyoxyethyl ester           712.30(e)
27858-07-7.  Octabromobiphenyl                                           721.1790
27939-60-2.  3-Cyclohexene-1-carboxaldehyde, dimethyl-                   712.30(e), 716.120(d)
27985-70-2.  (1-Methylheptyl)phenol (mixed isomers)                      712.30(e), 716.120(d)
27986-36-3.  Nonylphenoxy ethanol, p-nonylphenol polyethylene glycol     712.30(e), 716.120(d)
              ether
28178-42-9.  Benzene, 2-isocyanato-1,3-bis(1-methylethyl)-               712.30(e), 716.120(d)
28299-41-4.  Benzene, 1,1'-oxybis[methyl-                                712.30(e), 716.120(a)
28553-12-0.  1,2-Benzenedicarboxylic acid, diisononyl ester              716.120(c)
28556-81-2.  Benzene, 2-isocyanato-1,3-dimethyl-                         712.30(e), 716.120(d)
28602-27-9.  Benzaldehyde, (dimethylamino)-                              712.30(e)
28677-93-2.  Methoxy-1-propanol                                          712.30(e)
28984-89-6.  1,1'-Biphenyl, phenoxy-                                     712.30(e), 716.120(a)
29387-86-8.  Propylene glycol monobutyl ether                            712.30(e)
29761-21-5.  Phosphoric acid, isodecyl diphenyl ester                    716.120(c)

[[Page 447]]

 
29911-28-2.  Dipropylene glycol butyl ether                              712.30(e)
29932-96-5.  (1,1,3,3-Tetramethylbutyl)phenol (mixed isomers)            712.30(e), 716.120(d)
30105-54-5.  (1,1,3,3-Tetramethylbutyl)phenol (mixed isomers)            712.30(e), 716.120(d)
30554-72-4.  Cyclohexane, tetrabromodichloro-                            712.30(e)
30554-73-5.  Cyclohexane, tribromotrichloro-                             712.30(e)
30674-80-7.  2-Propenoic acid, 2-methyl-, 2-isocyanatoethyl ester        712.30(e)
30813-81-1.  Phenol, 4-(1,1-dimethylethyl)-, homopolymer                 721.538
31195-95-6.  Isobutylphenol (mixed isomers)                              712.30(e), 716.120(d)
31206-94-7.  2,5,8,10,13-Pentaoxahexadec-15-enoic acid, 9,14-dioxo-2-    721.5705
              [(1-oxo-2-propenyl)oxy]ethyl ether
31906-04-4.  3-Cyclohexene-1-carboxaldehyde,4-(4-hydroxy-4-              712.30(e), 716.120(d)
              methylpentyl)-
32052-51-0.  Isocyanic acid, trimethylcyclohexyl ester                   716.120(a)
32241-08-0.  Naphthalene, heptachloro-                                   704.83, 716.120(c)
32315-10-9.  Methanol, trichloro-, carbonate (2:1)                       721.4880
32534-81-9.  Pentabromodiphenyl ether                                    712.30(d), 716.120(a), 766.35
32536-52-0.  Octabromodiphenyl ether                                     712.30(d), 716.120(a), 766.35
32568-89-1.  2,4-Imidazolidinedione, 5,5-dimethyl-3-[2-                  716.120(c)
              (oxiranylmethoxy)propyl]-1-(oxiranylmethyl)-
32588-76-4.  Ethylene bis(tetrabromophthalimide)                         712.30(d)
34274-30-1.  Phosphonic acid, [1,2-                                      704.95
              ethanediylbis[nitrilobis(methylene)]]tetrakis-, potassium
              salt
34364-42-6.  Phosphoric acid, (1-methyl-1-phenylethyl)phenyl diphenyl    716.120(c)
              ester
34590-94-8.  Dipropylene glycol monomethyl ether                         712.30(e), 716.120(a)
34621-99-3.  1,2-Ethanediyltetrakis(2-chloro-1-methylethylene)           712.30(e)
              phosphate
34893-92-0.  Benzene, 1,3-dichloro-5-isocyanato-                         712.30(e), 716.120(d)
35243-89-1.  Oxirane, [(1,2-dibromopropoxy)methyl]-                      716.120
36355-01-8.  Hexabromobiphenyl                                           721.1790
36483-57-5.  1-Propanol, 2,2-dimethyl-, tribromo derivative              712.30(e)
36724-43-3.  2,2'-[Oxybis(methylenesulfonyl)]bisethanol                  712.30(e)
36938-50-8.  Tetratriacontamethyl hexadecasiloxane                       712.30(e), 716.120(d)
36938-52-0.  Octatriacontamethyl octadecasiloxane                        712.30(e), 716.120(d)
37205-87-1.  Poly(oxy-1,2-ethanediyl), alpha-(isononylphenyl)-omega-     712.30(e), 716.120(d)
              hydroxy, p-nonylphenol polyethylene glycol ether
37677-14-8.  3-Cyclohexene-1-carboxaldehyde, 4-(4-methyl-3-pentenyl)-    712.30(e)
37853-59-1.  Benzene, 1,1'-[1,2-ethanediylbis(oxy)]bis[2,4,6-tribromo-   712.30(d), 716.120(a), 766.35
37860-51-8.  Ethanol, 2,2'-[oxybis(2,1-ethanediyloxy)]bis-, bis(4-       721.1630
              methylbenzenesulfonate
38051-10-4.  2,2-Bis(chloromethyl)-1,3-propanediyltetrakis(2-            712.30(e)
              chloroethyl) phosphate
38304-52-8.  2,4-Imidazolidenedione, 3,3'-[2-oxiranylmethoxy)-1,3-       716.120
              propanediyl]bis[5,5-dimethyl-1-(oxiranylmethyl)-
38565-52-5.  Oxirane, (2,2,3,3,4,4,5,5,6,6,7,7,7-tridecafluoroheptyl)-   716.120(c)
38661-72-2.  Cyclohexane, 1,3-bis(isocyanatomethyl)-                     716.120(a)
38954-75-5.  Oxirane, [(tetradecyloxy)methyl]-                           716.120(c)
39156-41-7.  1,3-Benzenediamine, 4-methoxy-, sulfate (1:1) (2,4-         716.120(c)
              Diaminoanisole sulfate)
39515-51-0.  Benzaldehyde, 3-phenoxy-                                    712.30(e), 716.120(d)
39817-09-9.  2,2'-[Methylenebis(phenyleneoxymethyl)]bisoxirane           716.120(c)
41024-91-3.  3,6,9,12-Tetraoxatetradecane-1,14-diol, bis(4-              721.1640
              methylbenzenesulfonate
41123-59-5.  1,1'-[Methylenebis(sulfonyl)]bis-2-chloroethane             712.30(e)
41123-69-7.  2,2'-[Methylenebis(sulfonyl)]bisethanol                     712.30(e)
41291-34-3.  Ethylene(5,6-dibromonorbornane-2,3-dicarboximide)           712.30(d)
41687-30-3.  2-[(3-Nitrophenyl)sulfonyl]ethanol                          712.30(e)
42389-30-0.  1,2-Benzenediamine, 5-chloro-3-nitro-                       716.120(c)
42874-96-4.  2-Chloro-1-(3-methylphenoxy)-4-(trifluoromethyl)benzene     712.30(e), 716.120(a)
42978-66-5.  Tripropylene glycol diacrylate                              712.30(e)
50594-77-9.  Phenol, 3-[2-chloro-4-(trifluoromethyl)phenoxy]-, acetate   712.30(e), 716.120(a)
50789-44-1.  Benzenemethanol, 3-phenoxy-, acetate                        712.30(e)
51240-95-0.  Neodecaneperoxoic acid, 1,1,3,3-tetramethylbutyl ester      721.5300
51363-64-5.  Phosphoric acid, diisodecyl phenyl ester                    716.120(c)
51632-16-7.  Benzene, 1-(bromomethyl)-3-phenoxy-                         712.30(e), 716.120(a)
51938-25-1.  Poly(oxy-1,2-ethanediyl, alpha-2(-nonylphenyl-omega-        716.120(d)
              hydroxy
52218-35-6.  2-[(6-Amino-2-naphthalenyl)sulfonyl]ethanol                 712.30(e)
52277-33-5.  Poly(oxy-1,4-butanediyl), -(1-oxo-2-               721.7640
              (hydroxyethyl)tallowamine oxide, phosphate
52475-86-2.  3-Cyclohexene-1-carboxaldehyde, 1-methyl-4-(4-methyl-3-     712.30(e), 716.120(d)
              pentenyl)-
52495-71-3.  Poly(oxy-1,2-ethanediyl), -hydro-3-                721.7700
              (oxiranylmethoxy)-, ether with 2-ethyl-2-(hydroxymethyl)-
              1,3-propanediol (3:1)
52907-07-0.  Ethylene bis(5,6-dibromonorbornane-2,3-dicarboximide)       712.30(d)
53061-10-2.  1,1'-[Oxybis(methylenesulfonyl)]bis-2-chloroethane          712.30(e)
53461-82-8.  Oxydi-2,1-ethanediyltetrakis(2-chloroethyl) phosphate       712.30(e)
53856-17-0.  Butanoic acid, antimony (3+) salt                           721.1930
54140-64-6.  Poly(oxy-1,2-ethanediyl), ,'- [(1-        721.7720
              methylethylidene)di-4,1-phenylene]bis[3-(oxiranylmethoxy)-
 

[[Page 448]]

 
54208-63-8.  Oxirane, 2,2'-[methylenebis(2,1-phenyleneoxymethylene)]bis- 716.120
 
54849-38-6.  Monomethyltin tris(isooctyl) mercaptoacetate [Acetic acid,  716.120
              2,2',2"-[(methylstannylidyne)tris(thio)]tris-,
              triisooctyl ester]
54932-78-4.  4-(2,2,3,3-Tetramethylbutyl)phenol                          712.30(e), 716.120(d)
55205-38-4.  2-Propenoic acid, (1-methylethylidene)bis(2,6-dibromo-4,1-  712.30(e)
              phenylene) ester
55205-38-7.  2-Propenoic acid, (1-methylethylidene)bis(2,6-dibromo-4,1-  712.30(e), 716.120(d)
              phenylene) ester
56803-37-3.  Phosphoric acid, (1,1-dimethylethyl)phenyl diphenyl ester   716.120
57011-27-5.  Phosphonic acid, [1,2-                                      704.95
              ethanediylbis[nitrilobis(methylene)]]tetrakis-, ammonium
              salt
57018-52-7.  Propylene glycol mono-tert-butyl ether                      712.30(e)
57137-10-7.  Tribrominated polystyrene                                   712.30(d)
59789-51-4.  1H-Pyrole-2,5-dione, 1-(2,4,6-tribromophenyl)-              721.8965
60501-41-9.  Oxirane, [(9-octadecenyloxy)methyl]-(Z)-                    716.120(c)
60857-97-8.  Reaction product of hydroxyethyl acrylate and methyl        721.9320
              oxirane
61262-53-1.  Ethylene bis(pentabromophenoxide)                           712.30(d)
61386-02-5.  Benzoic acid, 3,3'-methylenebis[6-amino-, di-2-propenyl]    721.1725
              ester
61578-04-9.  Oxirane, [[4-(1-methyl-1-phenylethyl)phenoxy]methyl]-       716.120(c)
61702-81-6.  1,2-Benzenedicarboxylic acid, hexyl isodecyl ester          716.120(c)
61702-88-3.  Benzene, 1,1'-oxybis[(1,1,3,3-tetramethylbutyl)-            712.30(e)
61788-33-8.  Polychlorinated terphenyl                                   704.45, 716.120(a)
61788-47-4.  Fatty acids, coco                                           723.250
61788-66-7.  Fatty acids, vegetable oil                                  723.250
61788-76-9.  Alkanes, chloro-                                            716.120(a)
61788-89-4.  Fatty acids, C18-unsaturated, dimers                        723.250
61789-36-4.  Calcium naphthenate                                         716.120(a)
61789-44-4.  Fatty acids, castor-oil                                     723.250
61789-45-5.  Fatty acids, dehydrated castor-oil                          723.250
61789-51-3.  Cobalt naphthenate                                          716.120(a)
61790-12-3.  Fatty acids, tall-oil                                       723.250
61790-14-5.  Lead naphthenate                                            716.120(a)
61886-60-0.  1,2-Benzenedicarboxylic acid, isodecyl tridecyl ester       716.120(c)
62654-17-5.  1,4-Benzenediamine, ethanedioate (1:1)                      716.120
62744-41-6.  (1,1,3,3-Tetramethylbutyl)phenol (mixed isomers)            712.30(e), 716.120(d)
63134-33-8.  4-[[4-(Phenylmethoxy)phenyl]sulfonyl]phenol                 712.30(e)
63148-62-9.  Dimethyl silicones and siloxanes                            712.30(e), 716.120(d)
63449-39-8.  Paraffin waxes and hydrocarbon waxes, chlorinated           716.120
63734-62-3.  Benzoic acid, 3-[2-chloro-4-(trifluoromethyl)phenoxy]-,     712.30(e), 716.120(a)
64630-63-3.  2-Propenoic acid, 7-oxabicyclo[4.1.0]hept-3-ylmethyl ester  721.8350
65455-72-3.  Decaethylene glycol, isononylphenyl ether                   716.120(d)
64723-18-8.  l-Aspartic acid, homopolymer and ammonium and potassium     721.979
              salts
64742-95-6.  Solvent naphtha (petroleum), light aromatic                 716.120
64992-16-1.  Ethanaminium, 2-[[2-cyano-3-[4-(diethylamino)phenyl]-1-oxo- 712.30(e)
              2-propenyl]oxy]-N,N,N-trimethyl-, chloride
65879-44-9.  Phenol, 4,6-diamino-2-methyl-, hydrochloride                716.120
66327-54-6.  3-Cyclohexene-1-carboxaldehyde,1-methyl-4-(4-methylpentyl)- 712.30(e), 716.120(d)
 
66422-95-5.  Ethanol, 2-(2,4-diaminophenoxy)-, dihydrochloride           716.120
66733-21-9.  Erionite fiber                                              721.2800
67701-08-0.  Fatty acids,C16-18 and C18-unsaturated                      723.250
67701-30-8.  Glycerides, C16-18 and C18-unsatd.                          723.250
67762-90-7.  Dimethyl silicones and siloxane, reaction products with     712.30(e), 716.120(d)
              silica
67762-94-1.  Dimethylmethylvinylsiloxane                                 712.30(e), 716.120(d)
67786-03-2.  Oxirane, 2,2'-[[[2-                                         716.120
              oxiranylmethoxy)phenyl]methylene]bis(4,1-
              phenyleneoxymethylene)]bis-
67801-06-3.  1,3-Benzenediamine, 4-ethoxy-, dihydrochloride              716.120
67860-04-2.  Oxirane, heptadecyl-                                        716.120(c)
67924-23-6.  Cobaltate (6-), [[[1,2-ethanediylbis[nitrilobis             704.95
              (methylene)]] tetrakis[phosphonato]] (8-)]-,
              N,N',O,O",O"",O""", pentapotassium hydrogen, (OC-6-21)-
67969-67-9.  Cobaltate (6-), [[[1,2-ethanediylbis[nitrilobis             704.95
              (methylene)]] tetrakis[phosphonato]](8-)]-,
              N,N',O,O",O"",O"""]-, pentasodium hydrogen, (OC-6-21)-
67989-89-3.  Cuprate (6-), [[[1,2-ethanediylbis[nitrilobis               704.95
              (methylene)]] tetrakis[phosphonato]](8-)]-, N,N',O,O",
              O"",O""", pentapotassium hydrogen, (OC-6-21)-
68015-98-5.  1,3-Benzenediamine, 4-ethoxy-, sulfate (1:1)                716.120
68025-39-8.  Cobaltate (6-), [[[1,2-                                     704.95
              ethanediylbis[nitrilobis(methylene)]]
              tetrakis[phosphonato]](8-)]-, N,N',O,O",O"",O"""]-,
              pentasodium hydrogen, (OC-6-21)-
68037-59-2.  Dimethylhydropolylsiloxane                                  712.30(e), 716.120(d)
68037-74-1.  Dimethylpolysiloxanes                                       712.30(e), 716.120(d)

[[Page 449]]

 
68037-90-1.  Silsesquioxanes, phenylpropyl                               723.250
68081-84-5.  Oxirane, mono[(C(10-16)-alkyloxy)methyl] derivatives        716.120(a)
68083-14-7.  Dimethyldiphenylsiloxane                                    712.30(e), 716.120(d)
68132-21-8.  Oils, perilla                                               723.250
68153-06-0.  Fats and glyceridic oils, herring                           723.250
68153-35-5.  Ethanaminium, 2-amino-N-(2-aminoethyl)-N-(2-hydroxyethyl)-  716.120(a)
              N- methyl-, N,N'-ditallow acyl derivatives, methyl
              sulfates (salts)
68188-96-5.  Phosphonic acid, [1,2-                                      704.95
              ethanediylbis[nitrilobis(methylene)]]tetrakis-,
              tetrapotassium salt
68239-06-5.  Cyclohexane, 2-heptyl-3,4-bis(9-isocyanatononyl)-1-pentyl-  712.30(e), 716.120(d)
68239-80-5.  1,3-Benzenediamine, 4-chloro-, sulfate                      716.120(c)
68239-82-7.  1,2-Benzenediamine, 4-nitro-, sulfate (1:1)                 716.120(c)
68239-83-8.  1,4-Benzenediamine, 2-nitro-, sulfate (1:1)                 716.120(c)
68298-46-4.  7-Benzofuranamine, 2,3-dihydro-2,2-dimethyl-                716.120(a)
68308-53-2.  Fatty acids, soya                                           723.250
68309-98-8.  Cadmate (6-), [[[1,2-ethanediylbis[nitrilobis               704.95
              (methylene)]] tetrakis[phosphonato]](8-)]-,
              pentapotassium hydrogen, (OC-6-21)-
68389-88-8.  Poly(oxy-1,2-ethanediyl), -[2-[bis(2-              716.120(a)
              aminoethyl)methyl ammonio]ethyl]--hydroxy-,
              N,N'-dicoco acyl derivatives, methyl sulfates (salts)
68389-89-9.  Poly(oxy-1,2-ethanediyl), -[2-[bis(2-              716.120(a)
              aminoethyl)methylammonio]ethyl]- -hydroxy-,N,N'-
              bis(hydrogenated tallow acyl) derivatives, methyl
              sulfates (salts)
68412-54-4.  Nonylphenoxydiglycol                                        716.120(d)
68413-04-7.  Poly[oxy(methyl-1,2-ethanediyl)], -[2-[bis(2-      716.120(a)
              aminoethyl) methyl ammonio]methylethyl]- -
              hydroxy-, N,N'-ditallow acyl derivatives, methyl sulfates
              (salts)
68424-45-3.  Fatty acids, linseed oil                                    723.250
68440-65-3.  Siloxanes and silicones, dimethyl, diphenyl, polymers with  723.250
              phenyl silsesquioxanes, methoxy-terminated
68459-98-3.  1,2-Benzenediamine, 4-chloro-, sulfate (1:1)                716.120(c)
68497-56-7.  Benzene, ethenyl-, homopolymer, brominated                  712.30(e), 716.120(d)
68515-42-4.  1,2-Benzenedicarboxylic acid, di-C(7-11)-branched and       799.5000
              linear alkyl esters [Di(heptyl-, nonyl-, undecyl)
              phthalate (mixed isomers)]
68515-44-6.  Diheptyl phthalate (branched and linear isomers)            799.5025
68515-45-7.  Dinonyl phthalate (branched and linear isomers)             799.5025
68515-47-9.  1,2-Benzenedicarboxylic acid, di-C(11-14)-branched alkyl    799.5000
              esters, C(13)-rich (Ditridecyl phthalate (mixed isomers))
68515-49-1.  1,2-Benzenedicarboxylic acid, di-C(9-11)-branched alkyl     799.5000
              esters, C(10)-rich (Diisodecyl phthalate (mixed isomers))
68515-50-4.  1,2-Benzenedicarboxylic acid, dihexyl ester, branched and   799.5000
              linear (Dihexyl phthalate (mixed isomers))
68517-02-2.  Oxirane, 2,2',2"-[propylidynetris(4,1-                      716.120(c)
              phenyleneoxymethylene)]tris-
68554-06-3.  Poly(oxy-1,2-ethanediyl), -[3-[bis(2-              716.120(a)
              aminoethyl)methylammonio]-2-hydroxypropyl]--
              hydroxy-, N-coco acyl derivatives, methyl sulfates
              (salts)
68609-96-1.  Oxirane, mono[(C(8-10)-alkyloxy)methyl] derivatives         716.120(c)
68609-97-2.  Oxirane, mono[(C(12-14)-alkyloxy)methyl] derivatives        716.120(c)
68611-64-3.  Urea, reaction product with formaldehyde                    716.20(b)(1), 716.120(a)
68649-95-6.  Linseed oil, oxidized                                       723.250
68901-17-7.  Phosphonic acid, [1,2-                                      74.095
              ethanediylbis[nitrilobis(methylene)]]tetrakis-,
              octaammonium salt
68920-70-7.  Alkanes, C(6-18)-chloro-                                    716.120(c)
68953-27-5.  Fatty acids, sunflower-oil, conjugated                      723.250
68955-41-9.  Alkanes, C(10-18)-bromochloro-                              712.30(e)
68957-04-0.  Siloxanes and silicones, dimethyl, methoxyphenylh,          723.250
              polymers with phenyl silsesquioxanes, methoxy-terminated
68957-06-2.  Siloxanes and silicones, methylphenyl, methoxyphenyl,       723.250
              polymers with phenyl silsesquioxanes, methoxy- and
              phenylterminated
68958-86-1.  Nickelate (6-), [[[1,2-ethanediylbis [nitrilo               704.95
              bis(methylene)]] tetrakis [phosphonato]] (8-)]-,
              pentaammonium hydrogen, (OC-6-21)-
68958-87-2.  Nickelate (6-), [[[1,2-ethanediylbis                        704.95
              [nitrilobis(methylene)]] tetrakis-[phosphonato]] (8-)]-,
              pentapotassium hydrogen, (OC-6-21)-
68958-88-3.  Nickelate (6-), [[[1,2-ethanediylbis                        704.95
              [nitrilobis(methylene)]] tetrakis[phosphonato]] (8-)]-,
              pentasodium hydrogen, (OC-6-21)-
68959-23-9.  Oxirane, 2,2',2"-[1,2,6-hexanetriyl                         716.120(c)
              tris(oxymethylene)]tris-
68966-84-7.  1,3-Benzenediamine, ar-ethyl-ar-methyl-                     716.120(c)
68987-80-4.  Oxirane, mono[C(6-12)-alkyloxy)methyl] derivatives          716.120(c)
68987-90-6.  Poly(oxy-1,2-ethanedyil), -(octylphenyl)--hydroxy-, branched
69009-90-1.  Diisopropyl biphenyl                                        716.120(a)
69155-42-6.  Tetrasiloxane, 1,1,1,3,5,7,7,7-octamethyl-3,5-bis-[3-       716.120(c)
              (oxiranylmethoxy) propyl]-

[[Page 450]]

 
69430-24-6.  Cyclopolydimethylsiloxane                                   712.30(e), 716.120(d)
69834-19-1.  Benzene, 1,1'-oxybis[dodecyl-                               712.30(e)
69882-11-7.  Phenol, 2,4(or 2,6)-dibromo-, homopolymer                   712.30(e)
69943-75-5.  Poly(oxy-1,2-ethanediyl), -[4-                     716.120(c)
              oxiranylmethoxy)benzoyl]--[[4-
              (oxiranylmethoxy)benzoyl]oxy]-
70131-67-8.  Siloxanes and silicones, dimethyl-, hydroxy-terminated      712.30(e), 716.120(d)
70776-03-3.  Naphthalene, chloro derivatives                             704.83, 716.120(c)
70914-09-9.  Poly(oxy-1,2-ethanediyl), -[2-[bis(2-              716.120(a)
              aminoethyl)methylammonio]ethyl]--hydroxy-, N,N'-
              di-C(14-18)- acyl derivatives, methyl (salts)
71033-08-4.  Oxirane, 2,2'-[(methylethylidene) bis[4,1-phenyleneoxy [1-  716.120(c)
              (butoxymethyl)-2,1-ethanediyl] oxymethylene]]bis-
71526-07-3.  1-Oxa-4-azaspirp[4.5]decane, 4-dichloroacetyl-              721.5475
71808-64-5.  Silane, [(3-chloropropyl)dimethoxy [3-                      716.120(c)
              (oxiranylmethoxy)propyl]-
72252-48-3.  Benzoic acid, 3-[2-chloro-4-(trifluoromethyl)phenoxy]-,     712.30(e), 716.120(a)
              potassium salt
72318-84-4.  Methanol, hydrolysis products with trichlorohexylsilane     723.250
              and trichlorophenylsilane
72319-24-5.  Oxirane, 2,2'-[(1-methylethylidene) bis[4,1-phenylenoxy-    716.120(c)
              3,1-propanediyloxy-4,1-phenyleneoxymethylene]]bis-
72804-49-0.  2-Pentene, 1,1,1,2,3,4,4,5,5,5-decafluoro-                  721.5708
73597-26-9.  2-Propenoic acid, 2-methyl-, 2-[[[[[5-isocyanato-1,3,3-     712.30(e), 716.120(d)
              trimethylcyclohexyl] methyl]amino]carbonyl]oxy]ethyl
              ester
75405-06-0.  Pentanenitrile, 3-amino-                                    721.5700
75790-84-0.  Benzene, 2-isocyanato-4-[(4-isocyanato phenyl) methyl]-1-   716.120(a)
              methyl-
75790-87-1.  Benzene, 1-isocyanato-2- [(4-isocyanatophenyl)thio]-        716.120(a)
76649-15-5.  2-Chloro-1-methylethylbis(2-chloropropyl) phosphate         712.30(e)
77851-17-3.  Benzene, (1-methylethyl)(2-phenylethyl)-                    721.1350
79637-74-4.  2-Propenoic acid, octahydro-4, 7-methano-1H-indenyl ester   721.8600
79771-08-7.  Isopropylamine, distillation residues                       721.4500
79771-09-8.  Ethylamine, distillation residues                           721.4500
82428-30-6.  2-Propenoic acid, 2-methyl, 7-oxabicyclo[4.1.0]hept-3-      721.8500
              ylmethyl ester
82799-44-8.  9H-Thioxanthen-9-one,2,4-diethyl                            721.9664
83048-65-1.  Silane, (3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-              721.9503
              heptadecafluorodecyl)trimethoxy-
84625-38-7.  Fatty acids, sunflower oil                                  723.250
84812-04-4.  1,4,7,10,13,16-Hexaoxacyclooctadecane, 2-[(2-               721.4255
              propenyloxy)methyl]-
84852-15-3.  4-Nonylphenol, branched (mixed isomers)                     712.30(e), 716.120(d), 799.5000
85095-61-0.  Hydrazinecarboxamide, N,N'-(methylene-4,1-                  721.4320
              phenylene)bis[2,2'-dimethyl-
85712-26-1.  Potassium N,N'-bis(hydroxyethyl)cocoamine oxide, phosphate  721.8100
85712-27-2.  Potassium N,N'-bis(hydroxyethyl)tallowamine oxide,          721.8100
              phosphate
86917-58-0.  2-Piperdinone, 1,5-dimethyl-                                721.6176
88917-22-0.  Dipropylene glycol monomethyl ether acetate                 712.30(e)
89610-32-2.  Ethanaminium, N-[bis(diethylamino)-methylene]-N-ethyl-,     721.4090
              bromide
90884-29-0.  Phenol, 4,4'-(oxybis(2,1-ethanediylthio)bis-                721.5780
91078-92-1.  Fats and glyceridic oils, babassu                           723.250
93334-41-9.  Fats and glyceridic oils, sardine                           723.250
93589-69-6.  Phenol, 4,4'-(methylenebis(oxy-2,1-ethanediylthio)bis-      721-1540
93705-66-9.  Oxirane, 2,2'-[methylenebis[(2,6-dimethyl-4,1-              721.5580
              phenylene)oxymethylene]]bis-
94148-67-1.  Aromatic ether diamines                                     721.825
94213-53-3.  2-Naphthalenesulfonic acid, 3-[[4-[(2,4-dimethyl-6-         721.5281
              sulfophenyl)azo]-2-methoxy-5-methylphenyl]azo]-4-hydroxy-
              7-(phenylamino)-, sodium salt, compd. With 2,2',2"-
              nitrilotris [ethanol] (9CI)
96478-09-0.  2-Propenoic acid, 2-methyl-, 2-[3-(2H-benzotriazol-2-yl)-4- 721.8450
              hydroxyphenyl]ethyl ester
98113-10-1.  p-Nonylphenol polyethylene gloycol ether                    716.120(d)
100912-15-0  1-Tridecyn-3-ol, 3-methyl                                   721.9830
102093-68-5  Mixture of 1,3-benzenediamine, 2-methyl-4,6-                721.1525
              bis(methylthio)- and benzenediamine, 4-methyl-2,6-
              bis(methylthio)-
103580-64-9  2,7-Naphthalenedisulfonic acid, 4-amino-3-[[4'2-amino-4-    721.5279
              [(3-butoxy-2-hydroxypropyl)amino]phebyl]azo]-3,3'-
              dimethyl[1,1'-biphenyl]-4-yl]azo]-5-hydroxy-6-(phenylazo)-
              , disodium salt
104503-68-6  3,6,9,12,15,18,21-Heptaoxatetratriaoctanoic acid, sodium    721.5400
              salt
104983-85-9  1,3-Benzenediamine, 2-methyl-4,6-bis(methlthio)-            721.1525
106158-22-9  Poly(oxy-1,2-ethanediyl), ..-hydro-..hydroxy-, ether with 2-ethyl-2-(hydroxymethyl)-1,3-
              propanediol (3:1) di-2-propenoate, methyl ether
106790-31-2  Benzenamine, 4-isocyanato-N,N-bis(4-isocyanatophenyl)-2,5-  721.1068
              dimethoxy-
111109-77-4  Dipropylene glycol dimethyl ether                           721.3550
111381-89-6  Di(heptyl-, nonyl-) phthalate (branched and linear          799.5025
              isomers)
111381-90-9  Di(heptyl-, undecyl-) phthalate (branched and linear        799.5025
              isomers)
111381-91-0  Di(nonyl-, undecyl-) phthalate (branched and linear         799.5025
              isomers)

[[Page 451]]

 
114719-15-2  Ethanol, 2,2'-[[1-[(2-propenyloxy)methyl]-1,2-              721.1630
              ethanediyl]bis(oxy)]bis-, bis[4-methylbenzenesulfonate
114719-19-6   1,2-Propanediol, 3-(2-propenyloxy)-, bis(4-                721.1637
              methylbenzenesulfonate)
115361-68-7  Dimethylmethyl 3,3,3-trifluoropropyl siloxane               712.30(e), 716.120(d)
115965-75-8  2-Propenoic acid, 2(2-oxo-3-oxazolidinyl)ethyl ester        721.8375
118716-61-3  Chromate(3-), bis[7-[(aminohydroxyphenyl)azo]-3-[[5-        721.9577
              (aminosulfonyl)-2-hydroxyphenyl] azo]-4-hydroxy-2-
              naphthalene sulfonato (3-)]-,-[[5-(aminosulfonyl) -2-
              hydroxyphenyl]azo]-4-hydroxy-7-[[2-hydroxy-1-
              [(phenylamino) carbonyl]-1-propenyl]azo]-2-
              naphthalenesulfonato(3-)]-, trisodium (9CI)
118716-62-4  Chromate(3-), bis[7-[(aminohydroxyphenyl)azo]-3-[[5-        721.9576
              (aminosulfonyl)-2-hydroxyphenyl]azo]-4-hydroxy-2-
              naphthalene-sulfonato (3-)]-, trisodium (9CI)
119535-63-6  Chromate(3-), bis[3-[[5-(aminosulfonyl)-2-                  721.9575
              hydroxyphenyl]azo]-4-hydroxy-7-[[2-oxo-1-
              [(phenylamino)carbonyl] propyl]azo]-2-
              naphthalenesulfonato(3-)]-, trisodium (9CI)
120547-52-6  Alkyl (12-13) glycidyl ether                                799.5000
120962-03-0  Canola oil                                                  723.250
121776-57-6  3-(Dichloroacetyl)-5-(2-furanyl)-2,2-dimethyl-oxazolidine   721.5545
124028-99-5  2-Propanol, 1-[2-[2-[[(4-                                   721.1637
              methylphenyl)sulfonyl]oxy]ethoxy]ethoxy]-3-[2-
              propenyloxy]-, 4-methylbenzenesulfonate
124029-00-1  Ethanol, 2-[1-[[2-[[(4-                                     721.1630
              methylphenyl)sulfonyl]oxy]ethoxy]ethoxy]methyl]-2-[2-
              propenyloxy)ethoxy]-, 4-methylbenzenesulfonate
124213-39-4  2-Propanol, 1-[2-[[(4-                                      721.1637
              methylphenyl)sulfonyl]oxy]ethoxy]ethoxy]-3-[2-
              propenyloxy]-, 4-methylbenzenesulfonate
124737-31-1  Benzenediazonium, 4-(dimethylamino)-, salt with 2-hydroxy-  721.1550
              5-sulfobenzoic acid (1:1)
124993-63-1  Hydrazine, [4-(1-methylbutoxy)phenyl]-, monohydrochloride)  721.4260
125304-11-2  Poly(oxy-1,2-ethanediyl), ..-(1-oxo-2-propenyl)-   721.7760
              ..hydroxy-, C(10-16)-alkyl ether
126213-50-1  Thieno[3,4-b]-1,4-dioxin, 2,3-dihydro- (9CI)                721.9662
126505-35-9  2,4,8-Tetraoxa-3,9-diphosphaspiro[5.5]undecane, 3,9-        721.9850
              bis[2,4,6-tris(1,1-dimethylethyl)phenoxy]-
127087-87-0  Nonylphenol polyethylene glycol ether                       716.120(d)
128952-11-4  Fats and glyceridic oils, anchovy                           723.250
129733-59-1  Phosphoric acid, C(6-12)-alkyl esters, compound with 2-     721.6100
              (dibutylamino) ethanol
130097-33-5  Aromatic ether diamines                                     721.825(a)
130169-66-3  Benzenamine, 2,5-dibutoxy-4-(4-morpholinyl)-, sulfate       721.1050
130277-45-1  Piperazinone, 1,1',1''-[1,3,5-triazine-2,4,6-               721.6160
              triyltris[(cyclohexylimino)-2,1-
              ethanediyl]]tris[3,3,4,5,5-pentamethyl]-
130728-76-6  Oxiranemethanamine, N,N'-[methylenebis(2-ethyl-4,1-         721.5625
              phenylene)]bis[N-(oxiranylmethyl)]-
132767-86-3  Phosphinothioic acid, bis(2,4,4-trimethylpentyl)- (9CI)     721.6045
133145-29-6  1H-Benzotriazole, 5-(pentyloxy)-                            721.1750
134701-20-5  Phenol, 2,4-dimethyl-6-(1-methylpentadecyl)-                721.5725
138495-42-8  Pentane 1,1,1,2,3,4,4,5,5,5,-decafluoro                     721.5645
142844-00-6  Refractory ceramic fiber                                    721.2090, 799.5000
146453-62-5  2-Pyrrolidinone, 1,1'-(2-methyl-1,5-pentanediyl)bis-        721.9005
147170-38-5  Benzenesulfonic acid, 4-methyl-, reaction products with     721.1645
              oxiranemono[(C10-16-alkyloxy)methyl] derivatives and
              2,2,4(or 2,4,4)-trimethyl-1,6-hexanediamine
147783-69-5  Propanedioic acid, [(4-methoxyphenyl)methylene]-,           721.4589
              bis(1,2,2,6,6-pentamethyl-4-piperidinyl) ester (9CI)
149050-40-8  Octacosamethylcyclotetradecasiloxane                        712.30(e), 716.120(d)
150026-95-2  Dotriacontamethylcyclohexadecasiloxane                      712.30(e), 716.120(d)
150026-96-3  Tetratriacontamethylcycloheptadecasiloxane                  712.30(e), 716.120(d)
150026-97-4  Octatriacontamethylcyclononadecasiloxane                    712.30(e), 716.120(d)
150026-98-5  Tetracontamethylcycloeicosasiloxane                         712.30(e), 716.120(d)
150026-99-6  Tetracontamethylnonadecasiloxane                            712.30(e), 716.120(d)
150027-00-2  Dotetracontamethyleicosasiloxane                            712.30(e), 716.120(d)
152143-22-1  Nonylphenoxypolyoxyethanol                                  716.120(d)
153936-94-6  Zinc chromate hydroxide                                     749.68
153954-47-3  2-pyrrolidone, 1-ethenyl-3-ethylidene-, (E)-                721.9010
162245-07-0  Methanone, [5-[[3-(2H-benzotriazol-2-yl)-2-hydroxy-5-       721.4885
              (1,1,3,3-tetramethylbutyl)phenyl]methyl]-2-hydroxy-4-
              (octyloxy) phenyl]phenyl-
163879-69-4  Benzoic acid, 3-amino-, diazotized, coupled with 6-amino-4- 721.1705
              hydroxy-2-naphthalenesulfonic acid, diazotized, (3-
              aminophenyl)phosphonic acid and diazotized 2,5-
              diethoxybenzenamine
164383-18-0  Cyclohexanamine, N,N-dimethyl-, compd. with alpha-          721.2222
              isotridecyl-omega-hydroxypoly(oxy-1,2-ethanediyl)
              phosphate

[[Page 452]]

 
174254-18-3  Poly(oxy-1,2-ethanediyl), alpha, alpha'-[thiobis(1-oxo-3,1- 721.9663
              propanediyl)]bis[omega-hydroxy-,bis(C11-15 and C11-15-
              isoalkyl) ethers
174333-80-3  Benzaldehyde, 2-hydroxy-5-nonyl-, oxime, branched           721.528
177771-31-2  Octadecanoic acid, ester with 1,2-propanediol, phosphate,   721.3635
              anhydride with silicic acid (H4SiO4)
182238-09-1  2,7-Naphthalenedisulfonic acid, 4-amino-5-hydroxy-,         721.5280
              coupled with diazotized 4-butylbenzenamine, diazotized
              4,4'-cyclohexylidenebis[benzenamine] and m-
              phenylenediamine, sodium salt
182635-99-0  Siloxanes and silicones, Me hydrogen, reaction products     721.6170
              with 2,2,6,6-tetramethyl-4-(2-propenyloxy)piperdine
184719-88-8  Poly(oxy-1,2-ethanediyl), -sulfo--[1-    721.539
              [(4-nonylphenoxy)methyl]-2-(2-propenyloxy)ethoxy]-,
              branched, ammonium salts
186321-98-2  Benzene, 1,1'-methylanebis[4-isocyanato-, homopolymer, Bu   721.2535
              alc.-blocked
189120-62-5  Amines, N-tallowalkyltripropylenetetra-, citrates           721.7286
189120-63-6  Amines, N-cocoalkyltrimethylenedi-, citrates                721.7285
189354-73-2  Siloxanes and silicones, 3-[(2-aminoethyl) amino]propyl     721.9516
              Me, di-Me, reaction products with polyethylene-
              polypropylene glycol Bu glycidal ether
----------------------------------------------------------------------------------------------------------------


[[Page 453]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986 are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
Title 40 was established at 36 FR 12213, June 29, 1971. For the period 
before January 1, 1986, see the ``List of CFR Sections Affected, 1964-
1972 and 1973-1985'', published in six separate volumes.

                                  1986

40 CFR
                                                                   51 FR
                                                                    Page
Chapter I
790  Heading revised; interim eff. 7-30-86.........................23712
    Meetings.......................................................41331
790.1  Revised; interim eff. 7-30-86...............................23712
790.2  Revised; interim eff. 7-30-86...............................23712
790.3  Amended; interim eff. 7-30-86...............................23712
790.5  (a), (b), and (c) revised; interim eff. 7-30-86.............23712
790.7  (a) and (c) introductory text revised; interim eff. 7-30-86
                                                                   23713
790.20--790.39 (Subpart B)  Redesignated as 790.40--790.59 
        (Subpart C) and heading revised; interim eff. 7-30-86......23713
790.20  Redesignated as 790.40 and (a) revised and nomenclature 
        change; interim eff. 7-30-86...............................23713
790.22  Redesignated as 790.42 and nomenclature change; interim 
        eff. 7-30-86...............................................23713
790.25  Redesignated as 790.45 and nomenclature change; interim 
        eff. 7-30-86...............................................23713
790.28  Redesignated as 790.48 and nomenclature change; interim 
        eff. 7-30-86...............................................23713
790.30  Redesignated as 790.50 and (a) (1) and (2) revised and 
        nomenclature change; interim eff. 7-30-86..................23713
790.32  Redesignated as 790.52 and nomenclature change; interim 
        eff. 7-30-86...............................................23713
790.35  Redesignated as 790.55 and nomenclature change; interim 
        eff. 7-30-86...............................................23713
790.39  Redesignated as 790.59 and nomenclature change; interim 
        eff. 7-30-86...............................................23713
790.20--790.28 (Subpart B)  Added; interim eff. 7-30-86............23713
790.40--790.59 (Subpart C)  Redesignated from 790.20--790.39 
        (Subpart B and heading revised; interim eff. 7-30-86.......23713
790.40  Redesignated from 790.20 and (a) revised and nomenclature 
        change; interim eff. 7-30-86...............................23713
790.42  Redesignated from 790.22 and nomenclature change; interim 
        eff. 7-30-86...............................................23713
790.45  Redesignated from 790.25 and nomenclature change; interim 
        eff. 7-30-86...............................................23713
790.48  Redesignated from 790.28 and nomenclature change; interim 
        eff. 7-30-86...............................................23713
790.50  Redesignated from 790.30 and (a) (1) and (2) revised and 
        nomenclature change; interim eff. 7-30-86..................23713
790.52  Redesignated from 790.32 and nomenclature change; interim 
        eff. 7-30-86...............................................23713

[[Page 454]]

790.55  Redesignated from 790.35 and nomenclature change; interim 
        eff. 7-30-86...............................................23713
790.59  Redesignated from 790.39 and nomenclature change; interim 
        eff. 7-30-86...............................................23713
790.60--790.68 (Subpart D)  Added; interim eff. 7-30-86............23715
790.80--790.99 (Subpart E)  Heading revised; interim eff. 7-30-86 
                                                                   23717
    Appendix A added; interim eff. 7-30-86.........................23717
791  Authority citation revised.....................................6414
792  Authority citation revised.....................................6414
795  Added.........................................................40327
799  Petition denied...............................................30216
799.19  Added; interim eff. 7-30-86................................23718
    Meetings.......................................................41331
799.940  Added.....................................................33052
799.1051  Added....................................................24666
799.1052  Added....................................................11736
    (a)(3), (b)(5), and (d) added; OMB number......................24667
799.1053  Added....................................................11737
    (d)(5)(i) corrected............................................18444
    (a)(3), (b)(5), and (e) added..................................24667
799.1054  Added....................................................24667
799.1250  Added....................................................15782
799.1550  Added....................................................32087
799.1575  (c)(2)(i)(C) corrected....................................3468
    (c)(2)(i)(D) corrected..........................................4736
799.1650  Added....................................................40330
799.2200  Technical correction......................................3048
799.2500  (a) corrected.............................................1793
799 (Subpart C)  Heading added; interim eff. 7-30-86...............23718
799.4400  Meetings.................................................41331
Chapter V
1502.22  Revised...................................................15625
    Technical correction...........................................16846

                                  1987

40 CFR
                                                                   52 FR
                                                                    Page
Chapter I
790.50  (a)(2)(ii) removed; interim................................36569
790.52  (c) revised; interim.......................................36569
790.55  (b) revised; (c) added; interim............................36571
790.68  (b) (2) and (3) revised; interim...........................36571
795  Authority citation revised....................................37143
795.45 (Subpart B)  Added; eff. 7-20-87............................21026
    (b)(1)(ii) Table 1 corrected...................................32990
795.120  Added; eff. 8-14-87.......................................24462
795.223  (c)(2)(ii)(C) revised.....................................24157
795.230  Added.....................................................37143
795.235  Added; eff. 7-13-87.......................................19868
795.285  Added; eff. 7-6-87........................................19085
796.1550  (b)(1) (ii), (iii), (iv), (vi), (ix)(A), and (xi), 
        (2)(i) (A) and (C), and (3)(vii) amended; (b)(1) (vii), 
        (viii), (x)(D) and (3) (iv) and (ix) revised...............19057
    (b)(3)(ix) corrected...........................................26150
796.1840  (b)(1) (iii), (v), (vi)(A), (vii), and (ix), (2)(ii), 
        and (3)(i)(B) and (ii)(B) amended; (b)(1)(vi)(B) and 
        (3)(i)(A) revised..........................................19057
    (b)(1)(vi)(A) corrected........................................26150
796.1860  (b)(1)(i)(A), (ii) and (iv) and (2)(ii) amended; (b)(1) 
        (iii) and (v) revised......................................19058
796.2750  (b)(1)(i)(B), (ii), (iii), (iv), (v) introductory text, 
        and (vii) amended; (b)(1) (vi) and (x) revised.............19058
796.3100  (a) (4) and (6), (b)(1)(iii) and (2)(ii) and (c)(1) (iv) 
        and (v) and (2)(i) amended; (b)(2)(vi) revised.............19058
796.3140  (a) (3) and (5), (b)(1)(iii)(C), (2)(iii) (B) and (G) 
        and (3)(i) amended; (c)(2) introductory text added.........19058
797.1050  (c)(4) (iii) and (v), (6)(i)(A), (d) (1), (2) (iii) and 
        (vi), and (3) (ii) and (v), and (e) introductory text 
        amended....................................................19058
    (c)(4) (ii), (iv), and (v)(B) introductory text, (d)(2)(v)(A), 
(3) (i), (iii), and (iv) and (e) (4) and (5) revised...............19058
797.1300  (c)(4) (iii) and (vi), (d)(1)(i)(C) and (iv), (2)(i) (A) 
        and (C), (iii) (B) and (C) and (3), and (e) introductory 
        text amended...............................................19059
    (c)(4) (ii), (iv), (v), (vii), and (viii) and (6) (i) and 
(ii), (d)(1)(i)(B), (ii)(A), (iii)(A), (2) (iv) and (v), (3) (i), 
(iii), (iv) and (e)(4) revised.....................................19059

[[Page 455]]

797.1330  (c)(4) introductory text, (d)(1)(ii)(B), (iii)(A), (iv), 
        and (vi)(A), (2)(i)(A), (ii) (C) and (D), (iv) (B) and 
        (C), (3)(i)(B), and (e) introductory text, (12), (13), and 
        (14) amended...............................................19060
    (c)(4) (ii), (v), and (vii), (6) (i) and (ii), (d)(1)(ii)(A), 
(v)(B), (vi)(A), (2)(i)(A)(4), (iii)(B), and (v), (3)(i) (A) and 
(C), (ii) (A), (B)(3), and (C), and (e)(4) revised.................19060
797.1400  (c)(4)(iii) and (5) and (d)(1)(ii) (A) and (C) and 
        (3)(ii) amended; (c)(4) (ii), (iv), and (v), (6)(i) (B) 
        and (C) and (iii) (A), (C), (G), and (H) and (d)(2)(iii), 
        (3) (iii) and (iv), and (e)(7) revised.....................19062
797.1520  (c)(4) (i), (ii)(B), (iii)(C), (v)(B), (vi), (vii) and 
        (viii)(C) and (5) (i) and (ii)(C), (d)(1)(i) (A), (C) and 
        (D) and (iv), (2)(i)(A), and (3)(i) and (e) amended........19063
    (c)(4)(ii)(A), (iii)(A), (iv)(A), and (v)(A) and (5)(ii) (A) 
and (D), and (d)(1)(i)(B), (ii) (B) and (C), and (iii), (2)(i) (B) 
and (C), and (3)(ii) revised.......................................19063
797.1600  (c)(1)(iii) introductory text and (A), (4)(i)(A), (iii), 
        (iv), (vii), (ix) and (x) (D), (E) and (G), (5) (i), (ii) 
        introductory text and (iii)(D) and (6)(iii), (d)(1)(ii) 
        introductory text and (B), (2)(ii)(C) and (iii)(A), 
        (iv)(C) and (vii)(C)(1) and (3) (i) and (iv) (A), (B) and 
        (C) amended................................................19064
    (c)(1)(iii)(B), (4)(i) (D) and (E), (ii)(B), (v)(A), (viii), 
(x) (A), (B), and (F) and (6) (i), (ii), (iv)(A), and (v) (B) and 
(C), (d)(1)(ii)(A), (2)(iv)(A), (vii)(A) (1), (2) and (3) and 
(3)(ii)(B), (iii)(B), and (iv)(E) and (e) introductory text 
revised............................................................19064
797.1800  (c)(4) (iv), (vii) and (ix) (A) and (B), (d)(1)(i) (A), 
        (C) and (D) and (3)(ii), and (e) amended...................19066
    (c)(4) (i), (v), (vii), (ix) (C), (D), and (E) and (5)(i), 
(d)(1)(i)(B), (iii) (A), (B), and (D), (2)(ii), and (3) (i), (ii), 
(iv), and (v) revised..............................................19066
    Heading corrected..............................................26150
797.1800  (c)(4)(v) and (d)(1)(iii)(D) corrected...................26150
797.1830  (c)(4) (i), (iv), (v) introductory text, (B) and (C), 
        (vi) introductory text, (C) and (F), and (vii)(A) and (B) 
        (1) and (3) and (6) (iii) and (iv), (d)(1) (i), (iii), and 
        (iv) and (3) (i) and (iii) and (e) amended.................19067
    (c)(4) (ii), (iii), (v) (A), (D), and (E), (vi) (A), (B), and 
(D), and (vii)(C), (5)(ii) and (6)(i) and (d)(1)(ii), (vi) (A), 
(B), and (C) and (3) (ii), (iv), and (v) revised...................19067
797.1930  (c)(4) (ii), (iv), and (vii), (d)(2)(i)(B), (ii) and 
        (iv), (3) introductory text and (ii), and (e) introductory 
        text and (6) amended.......................................19068
    (c)(3)(iii), (4) (iii), (v), (vi), (viii), and (ix), and (6) 
(i) and (ii), (d)(1)(i)(B), (2)(v), and (3) (i) and (iii), and 
(e)(7) revised.....................................................19068
    (c)(6) (i) and (ii) corrected..................................26150
797.1950  (c)(4) (v) and (vi), (d)(1)(i) (C) and (D), (2)(i)(C) 
        and (iv) and (3) introductory text, (ii), and (iii), and 
        (e) introductory text, (9), and (10) amended...............19069
    (c)(4) (ii), (iv), (vi), and (viii), (6) (i) and (ii), 
(d)(1)(i)(B), (2) (ii) and (v), and (3)(i), and (e)(8) revised.....19069
797.2150  (c)(1) (i), (ii), (iv), (v), (vi), and (ix), (4)(i)(B), 
        (ii), (iii)(A), (iv), (v)(A), (vi), (ix), and (x), 
        (6)(ii)(B), (d)(1)(i) (C), (D), and (E), (ii)(A)(1), and 
        (e) amended................................................19070
    (c)(1) (iii), (vii), (viii), and (x), (4)(i)(A), (iii)(B), 
(vii), and (viii), (6)(i)(A), (ii) (A) and (C) and (d)(1)(i) (A) 
and (B), (ii)(A)(2), (3), and (4) and (B), (2) (iii) and (iv) 
revised............................................................19070
798.2250  (e)(1) (ii), (iii), and (iv), (2), (6)(i), (8), (9) 
        (ii), (iii), (iv), (v), and (vi), (10)(i) introductory 
        text and (ii)(A), (11), and (12) and (f)(1)(i) and (3) 
        introductory text and (ii) (A) and (B) amended.............19072

[[Page 456]]

    (e)(1)(i), (4)(i), (6)(ii), and (7)(i), (9)(i), (10)(i) (A) 
and (B) and (ii) introductory text, and (11)(iii) revised..........19072
798.2450  (d)(1) (ii), (iii), (iv)(B), (2), (6)(i), (8) 
        introductory text and (iv), (10) (iii), (v), and (vi), 
        (11)(i) introductory text and (B), (12) (i) and (ii), and 
        (13) and (e)(1)(i) and (3) introductory text and (iv) 
        amended....................................................19073
    (d)(1)(i) and (iv)(A), (4) (i) and (iv), (5), (6)(ii), (7) (i) 
and (ii), (8) (i), (ii), and (iii), (9), (10)(i), (11)(i)(A), (ii) 
introductory text and (A), and (12)(iii) revised...................19073
    (d)(11)(i)(A) corrected........................................26150
798.2650  (e)(1) (ii), (iii), and (iv), (2), (6)(i), (7) (ii) and 
        (iv), (8), (9)(i) introductory text, (ii)(A) and (f)(1)(i) 
        and (3) introductory text and (ii) amended.................19074
    (e)(1)(i), (4)(i), (6)(ii), (7)(v), (8)(i), (9)(i) (A) and (B) 
and (ii), and (10)(iii) revised....................................19074
798.3300  (b)(1) (i), (ii), (iii) introductory text and (A), and 
        (iv) (A) and (B), (2) introductory text and (i), (5), 
        (6)(i)(B), (ii)(C), (iii)(C), (7) (ii), (iv), (v), and 
        (vi), (8) (ii) and (iv), (9), (10) introductory text, 
        (ii), and (iii), and (11), and (c) (1), (2) (i) and (iii), 
        and (3) amended............................................19075
    (b)(3)(i), (6)(i)(A), (iii) (A) and (D), (7) (i) and (iii), 
and (8) (i) and (iii) revised......................................19075
798.4350  (e)(1) introductory text and (iv), (2), (3) (i), (ii), 
        and (vi), (4), (5), (7) (i), (ii), and (iii), (9) (i), 
        (iii), (vi), and (vii), and (10) and (f) (1) and (3) 
        introductory text and (iii) (C) and (D) amended............19076
    (e)(3)(iv), (6)(i) (A) and (B), (ii), (7) (ii), (iii), and 
(iv), (9)(iv), and (10)(ii) and (f)(2) revised.....................19076
    (e)(6)(i)(A) corrected.........................................26150
798.4420  (c), (d)(1) (ii), (iii), and (iv), (2), (3) (ii) and 
        (iv) introductory text, (A), and (B), (4), (5), (7) (i), 
        (ii), (iii), and (iv), and (8), and (e)(3) (iii) and (iv) 
        amended; (d)(7)(v) and (9)(ii) revised.....................19077
798.4700  (c) (1), (2), (3)(i), (4)(i), (5)(i)(B), (6)(i)(C), (7) 
        (i), (ii), (iv), and (v), and (8) introductory text, (i), 
        and (iii) and (d) (1) and (3) introductory text, (iii), 
        and (v) amended; (c)(2)(iii), (4)(ii)(A), (6)(i)(A), and 
        (iii), (7)(iii), and (9) introductory text and (d)(2)(i) 
        revised....................................................19077
798.4900  (e)(1) introductory text and (iv), (2), (3) (i), (ii), 
        and (iii), (4), (5), (7) (i), (ii), (iv), (vi), and (vii), 
        (8) (i), (iii), (iv), (v), (vi), and (vii) and (f) (1) and 
        (3) introductory text, (iii), and (iv) amended; (e)(3)(iv) 
        and (8)(ii) and (f)(2) revised.............................19077
798.5200  (d)(3) (i), (ii), and (iv), (e)(1) and (2)(i), and (f) 
        (2) and (5) amended; (d)(5) (i) and (ii), (e)(2)(ii), and 
        (f)(1) revised.............................................19078
798.5265  (d)(5) (i) and (ii), (6)(ii)(B), (e) (4) and (5), and 
        (f)(1), (3)(ii), and (5) introductory text amended; 
        (d)(6)(i) and (ii)(C), (e)(1), (2) (i) and (ii), and (6), 
        and (f)(5)(ii) revised.....................................19078
798.5275  (d)(4), (e) (1) and (2), and (f) (1), (2), and (5) 
        amended; (d)(4)(iv) and (5)(ii) revised....................19079
798.5300  (d)(3)(ii), (4), and (5), (e) (1) and (2), and (f) (1) 
        and (5) amended; (d)(6)(i) and (ii)(B) and (e) (3) and (4) 
        revised....................................................19079
798.5375  (d)(3)(ii), (4), (5), and (6)(ii), (e) (3) and (4), and 
        (f)(5) introductory text and (vi) amended; (d)(6)(i), 
        (e)(5) (i) and (iii) and (7), and (f)(1) revised; (e)(8) 
        added......................................................19079
798.5385  (d)(3) (ii) and (iv) and (4), (e)(1)(ii), (2), and (3), 
        and (f)(5) amended; (d)(3)(iii), (5) (i) and (ii), and 
        (e)(1)(i) and (4) revised..................................19080
798.5395  (d)(3)(ii), (e)(1) (ii) and (iii), and (f) (1) and (5) 
        amended; (d)(3) (ii) and (iii) and (5) (i) and (ii) and 
        (e)(1)(i) and (2) revised; (d)(1) redesignated as 
        (d)(1)(i); (d)(1) (ii) and (iii) and (g)(7) added..........19080
    (e)(1)(i) corrected............................................26150
    (e)(2) corrected...............................................34654

[[Page 457]]

798.5450  (d)(3) (ii) and (iv) and (4) and (f) (2) and (5) 
        amended; (d)(3)(iii) and (5) (i) and (ii) and (f)(1) 
        revised; (f)(5)(vi) removed; (f)(5) (vii) and (viii) 
        redesignated as (f)(5) (vi) and (vii); new (f)(5)(vi) 
        revised....................................................19081
798.5460  (d)(3) (ii) and (iv) and (4), (e)(2) introductory text, 
        and (f) (1), (2), and (5) amended; (d)(5) (i) and (ii) and 
        (e)(1) revised.............................................19081
798.6050  (d)(1)(ii) and (iii)(B), (3), and (8)(ii) amended; 
        (d)(2) and (8)(i) and (e)(3) revised.......................19082
798.6200  (d)(1)(iii)(B) amended...................................19082
798.6400  (d)(1) (i) and (iii) and (8)(ii)(C), (iii), and (iv)(B) 
        and (e) introductory text and (1) amended..................19082
799  Petition denied................................................4622
799.500  Added; eff. 7-20-87.......................................21028
    (d)(2)(i)(B) correctly designated..............................32990
799.925  (c)(1)(ii), (2)(ii), (3)(ii), and (4)(ii), (d)(1)(ii) and 
        (2)(ii), and (e) revised; (c)(1)(iii), (2)(iii), (3)(iii) 
        and (4)(iii) and (d)(1)(iii), (2)(iii), and (3); eff. 7-
        17-87......................................................20713
799.940  (a)(3) and (c)(1)(i)(K)(1)(ii) and (L)(2) revised..........1331
799.1052  (d)(1)(ii)(C) added......................................10378
    (c) removed; eff 8-14-87.......................................24465
799.1053  (c) removed; (d)(1)(ii), (iii), (2)(ii), (iii), (3)(ii), 
        (iii), (4)(ii), (iii), (5)(ii), (iii) and (g) added; eff. 
        8-14-87....................................................24465
799.1054  (c)(2)(ii)(A) revised....................................10378
    (a)(2) revised.................................................26477
799.1250  (c)(1) (ii) and (iii), (2) (ii) and (iii), (3) (ii) and 
        (iii), (4) (ii) and (iii), and (5) (ii) and (iii) and (d) 
        added; eff. 7-6-87.........................................19087
799.1550  (b)(1) revised; (b)(5), (c)(1) (ii) and (iii), (2) (ii) 
        and (iii), (3) (ii) and (iii), (4) (ii) and (iii) and (5), 
        (d)(1) (ii) and (iii), (2) (ii) and (iii), (3) (ii) and 
        (iii), (4) (ii) and (iii) and (e) added....................37144
799.1575  (c)(1)(ii), (2)(ii), (3)(ii), and (4)(ii), (d) and (e) 
        revised; (c)(1)(iii), (2)(iii), (3)(iii), and (4)(iii) and 
        (f) added...................................................3238
799.1645  Added....................................................28704
799.1650  (c)(2)(ii)(C) and (3) revised............................24158
    (c)(3) corrected...............................................32240
799.1700  Added; eff. 7-22-87......................................21530
    Technical correction..........................................23761,
26982
    (c)(2)(i)(B)(1) and (4)(i) amended; (c)(2)(i)(C)(1) revised....43762
799.2175  (d)(1)(ii), (2)(ii), (3)(ii), (4)(ii), (5)(ii) and 
        (6)(ii) revised; (e) and (f) added..........................2527
799.2200  (c)(1) (ii) and (iii), (2) (ii) and (iii), (3) (ii) and 
        (iii), and (4) (ii) and (iii) and (d) added; eff. 7-13-87 
                                                                   19870
799.2500  Clarification............................................10752
    (c)(1) (ii), (iii), and (iv), (2) (ii) and (iii), (3) (ii) and 
(iii), and (4) (ii) and (iii) and (d) added; eff. 7-6-87...........19093
799.3175  Added....................................................31969
    Technical correction...........................................37246
799.3450  (c)(1) (ii) and (iii) and (d) added......................35709
799.4000  Added....................................................25225
799.5000 (Subpart C)  Added........................................23548
    Technical correction...........................................32990

                                  1988

40 CFR
                                                                   53 FR
                                                                    Page
Chapter I
790.5  (b) revised; (c) removed....................................12525
795  Technical correction..........................................49822
795.54  Added; eff. 7-29-88........................................22320
795.70  Added......................................................34522
    (c)(3)(ii), (d)(1)(vi), (2) (ii), (iii) introductory text, 
(iv), (v) and (vi), (6)(ii) introductory text, (A), and (B), (iii) 
(C), (H), and (I), (e)(2)(ii) introductory text, (C), (G), (I), 
and (J) corrected..................................................37393
795.225  Added......................................................5946
795.250  Added......................................................5947
796  Technical correction..........................................25049
796.1550  (b)(1)(iii) amended...............................10391, 12525
796.1570  (b)(1)(ii) amended......................................10391,
12525
796.1720  (b)(1)(ii) and (2)(i) amended.....................10391, 12525
796.1840  (b)(1)(ii) amended................................10391, 12525
796.1860  (b)(1)(ii) amended................................10391, 12525
796.1950  (b)(2)(i) amended.................................12525, 21641
796.3140  (b)(2)(i) (A) and (C) revised............................49149
    (b)(2)(i)(C) corrected.........................................51099
796.3260  (b)(2)(i)(B)(2) introductory text amended................12526

[[Page 458]]

796.3500  (b)(1)(ii) amended......................................10391,
12526
    (b)(1)(ii) amended; (b)(1) (iii), (iv), (v), (vii), (ix) and 
(x), (2)(i)(C)(1) and (D) (1) and (2) revised; eff. 7-29-88........22323
796.3700  (b)(2)(i)(B) amended..............................10391, 12526
796.3780  (b)(1)(iv)(A) amended....................................10391
    (b)(1)(iv)(A) and (2)(i)(B)(1) amended.........................12526
797.1060  (c)(1) (A) and (B) redesignated as (c)(1) (i) and (ii) 
                                                                   12526
797.1075  (c)(1) (A) and (B) redesignated as (c)(1) (i) and (ii) 
                                                                   12526
797.1560  (d)(1)(i) corrected......................................51099
797.2050  (c)(3) amended...........................................12526
798.1150  (f)(8) corrected.........................................51099
798.1175  (f)(6) (ii) and (iii) corrected..........................51099
798.2250  (a), (e)(7) introductory text, (9)(vi), (10)(i) (A) and 
        (B), (ii) (A) and (B), (11)(ii), and (12) (iv) and (vi) 
        revised....................................................49149
    (e)(9)(v) and (f)(3)(ii)(D) corrected..........................51099
798.2450  (a), (b)(7) and (d)(11)(i) introductory text, (12)(ii), 
        (13) (v) and (vi) and (e)(3) introductory text revised.....49150
    (d)(10)(v), (11)(ii)(B) and (e)(3)(iv)(D) corrected............51099
798.2650  (b) (1) and (4), (e)(8)(vii), (9)(i) (A) and (B), 
        (10)(ii), and (f)(3) introductory text revised.............49150
    (e)(8)(v), (f)(3)(ii)(D) and (e)(11)(iv) corrected.............51099
798.2675  (e)(8)(v), (9)(ii)(B), and (f)(3)(ii)(D) corrected.......51099
798.3260  (b)(6)(iii)(C), (7)(vi), (c)(3)(i)(B)(4) corrected.......51099
798.3300  (b)(6)(iii)(C), (7)(v), (c)(3)(i)(B)(4) corrected........51099
798.3320  (b)(6)(iii)(C), (b)(7)(v) and (c)(3)(i)(B)(4) corrected 
                                                                   51099
798.4350  (f)(3)(iii)(E) corrected.................................51100
798.5200  (g)(1) corrected.........................................51100
798.7100  (c)(1)(i), (2) (ii), (iv), (3), (5)(iii), (iv) (A), (B), 
        (e) corrected..............................................51100
799  Technical correction..........................................49822
799.5  Revised.....................................................12526
799.500  (c)(4)(i) and (d)(2)(i)(C) amended........................12526
    (d) revised; eff. 7-29-88......................................22324
799.1285  Added....................................................28204
799.1560  Added.....................................................5950
799.2155  Added.....................................................3392
    (a)(2), (b) and (d) revised....................................38953
799.2475  Added....................................................34530
    (e)(3)(ii) correctly designated; (e)(4)(i)(A) corrected........37393
799.3175  (c)(1) (ii) and (iii), (2) (ii) and (iii), (3) (ii) and 
        (iii), and (4) (ii) and (iii) and (d) added................48546
799.4400  (d)(1)(ii) amended.......................................12526
799.5000  Table revised............................................10394
    Table amended..................................................31813
    Technical correction...........................................37393
    Table corrected................................................49966
799.5055 (Subpart D)  Added; eff. 7-29-88..........................22324
    (c) table corrected............................................48645

                                  1989

40 CFR
                                                                   54 FR
                                                                    Page
Chapter I
790.40  (b)(1) introductory text revised; interim..................36313
790.50  (a)(2), (b)(1), (c)(1) (iv) and (vi) revised; (e) added; 
        interim....................................................36313
790.55  (a), (b)(3), and (4)(iv) revised; (d) added; interim.......36314
790.60  (a)(8) revised; interim....................................36314
790.62  (a), (b)(9) and (c)(1) revised; (c)(4) added; interim......36314
790.68  (b)(1), (2) (iii) and (iv)(D) revised; (c) added; interim 
                                                                   36314
790.82  (a) revised; interim.......................................36315
792  Revised.......................................................34043
795.225  (b)(2)(ii) (A), (B), and (iv)(E) revised..................41834
795.228  Added.....................................................33411
    (a) introductory text corrected................................49844
795.231  Added.....................................................43261
796.2750  (b)(1)(vii)(A) revised...................................29715
796.3140  (b)(2)(i)(C) amended.....................................21064
796.3400  (b)(2)(i)(B)(3)(ii) revised..............................29715
    (b)(2)(i)(B)(3)(ii) corrected..................................33148
797.1400  (d)(2)(vii)(B) and (3)(iii) revised......................29715
    (d)(2)(vii)(B) corrected.......................................33148
798.1150  (f)(8) amended...........................................21064
798.1175  (f)(6) (ii) and (iii) amended............................21064
798.2250  (e)(9)(v) and (f)(3)(ii)(D) amended......................21064

[[Page 459]]

798.2450  (d)(9), (10)(v), (11)(ii)(B), and (e)(3)(iv)(D) amended 
                                                                   21064
798.2650  (e)(8)(v), (10)(iii), and (f)(3)(ii)(D) amended..........21064
798.2675  (e)(8)(v), (9)(ii)(B), and (f)(3)(ii)(D) amended.........21064
798.3260  (b)(6)(iii)(C), (7)(vi), and (c)(3)(i)(B)(4) amended.....21064
798.3300  (b)(6)(iii)(C), (7)(v), (c)(3)(i)(B)(4), and (d)(8) 
        amended....................................................21064
798.3320  (b)(6)(iii) (A), and (C), (b)(7)(v), and (c)(3)(i)(B)(4) 
        amended....................................................21064
798.4350  (f)(3)(iii)(E) amended...................................21064
798.7100  (c)(1)(i), (2)(ii), (2)(iv), (3), (5), (iii), 
        (5)(iv)(A), and (e) amended................................21064
799  Technical correction...........................................4109
    Meeting........................................................25713
799.500  (c)(1)(ii)(A), (2)(ii)(A), and (3)(ii)(A) revised.........27354
799.925  (c)(1)(ii), (2)(ii), (d)(1)(ii), (2) (ii), (iii), (3) 
        (ii) and (iii) revised.....................................27354
799.1054  (c)(1)(ii)(A) revised....................................27355
799.1250  (c)(1)(iii)(A)(1) and (3)(iii)(A) revised................27355
799.1550  (c)(2)(iii)(A), (5)(ii), (iii)(A), and (d)(2)(ii) 
        revised....................................................27355
799.1560  (c)(4)(i) revised........................................27357
    (c)(4)(ii) (A), (B), and (e) revised...........................41835
799.1575  (c)(1)(ii), (2)(ii), (3)(ii), (4)(ii), and (d)(2) 
        revised....................................................27356
799.1700  (c)(1)(i)(A)(2) (iv) and (vi), (ii)(A), 
        (2)(i)(A)(2)(iii), and (ii)(A) revised.....................27357
    (c)(2)(i)(A)(2)(iii) corrected.................................33148
799.2175  (e)(1)(i) revised........................................27357
799.2200  (c)(1)(ii), (2)(ii), (3)(ii), (4)(ii) and (iii)(A) 
        revised....................................................27358
799.2325  Added....................................................43161
799.2700  Added....................................................37808
    Technical correction...........................................49844
799.3300  Added....................................................49294
799.4000  (c)(1)(ii)(A), (2)(ii)(A), (d)(1)(ii)(A), (2)(ii)(A), 
        (5), (6)(ii)(A) revised....................................27358
799.4360  Added....................................................33413
    Technical correction...........................................49844
799.4440  Added....................................................13477
799.5000  Table amended.............................................620,
    Table amended...........................................34995, 47086
    Table amended; OMB number......................................48105
799.5055  (c) table amended.........................................821,
8114, 13472, 49760
    Table corrected.................................................3183

                                  1990

40 CFR
                                                                   55 FR
                                                                    Page
Chapter I
790.42  (a)(4) through (b) added...................................18884
790.48  (a)(2) and (b)(3) revised..................................18884
790.50  (a)(1) revised.............................................18884
795.228  (c)(2)(iii)(B)(1) and (2) correctly designated............25392
795.232  Added.......................................................632
798.5195  Added....................................................12641
798.5200  (f)(5) introductory text revised; (h) added..............12643
799.500  Second (d) redesignated as (e); (c)(2)(i)(A), (ii)(A), 
        (3)(ii)(A), (5)(ii)(A), and new (e) revised; 
        (c)(2)(i)(B)(4) added.......................................7324
799.925  (c)(3)(iii) and (e) revised................................7324
799.1053  (d)(4)(iii)(A) and (g) revised............................7327
799.1285  (d)(1)(i), (ii)(A), (e)(1)(ii)(A) and (g) revised.........7325
799.1550  (c)(4)(ii), (d)(4)(iii)(A) and (e) revised................7325
799.1560  (c)(2)(ii)(A) and (e) revised.............................7326
799.1575  (c)(4) removed; (d)(3) and (f) revised....................3408
    (c)(4)(iii), (d)(2), (3) and (f) revised........................7326
799.1700  (c)(1)(i)(C)(1), (i)(A) and (d) revised..................12643
799.2155  (c)(8) added; (d) revised..................................634
    (c)(5)(i)(B)(2)(i), (6)(i)(A)(2)(i), (D)(2)(iii)(A)(1) and (d) 
revised.............................................................7325
    (c)(5)(i)(D), (ii)(A)(4) and (C) added; (d) revised............12643
799.2325  (c)(5)(i)(C)(1), (ii)(A)(3) and (d) revised..............12644
799.2475  (a)(2), (d)(1)(i), (2)(i)(B)(3), (e)(3)(ii)(A) and (f) 
        revised.....................................................7326
799.3175  (c)(3)(i)(C) and (d) revised; (c)(3)(ii)(C), (iii)(A)(3) 
        and (iii)(C) added.........................................12643
799.3300  (c)(1)(i)(B), (ii)(C), (F) and (f) revised...............12644
799.5000  Heading revised; Table amended............................3059
    Table amended...................................................5994

[[Page 460]]

799.5025  Added.....................................................3059
799.5055  (d)(1)(i), (ii), (2)(ii), (e)(1)(i), (ii)(A) and (f) 
        revised.....................................................7324

                                  1991

40 CFR
                                                                   56 FR
                                                                    Page
Chapter I
799.1285  (c)(3) redesignated as (c)(4); (d)(2)(ii)(A) and (g) 
        revised....................................................23230
799.1575  (d)(2) and (f) revised...................................23230
799.1700  (c)(4)(i) and (d) revised................................23230
799.2325  (c)(6)(i)(D) and (d) revised.............................23231
799.3300  (c)(1)(ii)(A), (3)(ii)(A), (e)(1)(ii), (2)(ii) and (f) 
        revised....................................................23231
799.4360  (c)(2)(ii)(A), (3)(ii)(A), (8)(i), (ii)(A), (e)(1)(ii), 
        (2)(ii)(A), (3)(ii) and (f) revised........................23231
799.4440  (c)(2), (3)(i) and (d) revised...........................23232
799.5000  Table amended..............................43881, 47915, 65445
799.5055  (e)(1)(i)(A) and (f) revised.............................23232

                                  1992

40 CFR
                                                                   57 FR
                                                                    Page
Chapter I
799.1053  (e)(1)(ii)(A) and (g) revised............................24960
    (g)(1) corrected...............................................27845
799.1700  (c)(4)(i)(A)(2)(ii) added; (c)(4)(i)(C) removed; (d) 
        revised....................................................24960
799.2155  (c)(8)(i), (ii)(A) and (d) revised.......................24961
799.3300  (e)(2)(ii)(A) and (f) revised............................24961
799.4360  (c)(8)(ii), (d)(5)(ii)(A), (6)(ii)(A) and (f) revised....24961
799.5000  Table amended......................................7659, 24961
    Revised........................................................18829

                                  1993

40 CFR
                                                                   58 FR
                                                                    Page
Chapter I
790.5  OMB number..................................................34205
790.50  OMB number.................................................34205
790.80  OMB number.................................................34205
795.45  OMB number.................................................34205
795.232  OMB number................................................34205
799.500  OMB number................................................34205
799.925  OMB number................................................34205
799.940  OMB number................................................34205
799.1051  OMB number...............................................34205
799.1052  OMB number...............................................34205
799.1053  OMB number...............................................34205
799.1054  OMB number...............................................34205
799.1250  OMB number...............................................34205
799.1285  OMB number...............................................34205
799.1550  OMB number...............................................34205
799.1560  OMB number...............................................34205
799.1575  OMB number...............................................34205
799.1645  OMB number...............................................34205
799.1650  OMB number...............................................34205
799.1700  (c)(4)(ii)(A) and (d) revised............................30992
    OMB number.....................................................34205
799.2155  OMB number...............................................34205
799.2175  OMB number...............................................34205
799.2200  OMB number...............................................34205
799.2325  OMB number...............................................34205
799.2475  OMB number...............................................34205
799.2500  OMB number...............................................34205
799.2700  OMB number...............................................34205
799.3175  OMB number...............................................34205
799.3300  (e)(2)(ii)(B) and (f) revised............................30992
    OMB number.....................................................34205
799.4000  OMB number...............................................34205
799.4360  (c)(6)(i)(A), (8)(ii)(A) and (f) revised; 
        (c)(6)(i)(B)(3) added......................................30992
    OMB number.....................................................34205
799.4400  OMB number...............................................34205
799.4440  OMB number...............................................34205
799.5000  Table amended............................................28520
    OMB number.....................................................34205
    Heading revised; table amended.................................61816
799.5050  Added....................................................40291
799.5055  OMB number...............................................34205
799.5075  Added....................................................59681

                                  1994

40 CFR
                                                                   59 FR
                                                                    Page
Chapter I
799  Clarification.................................................45629
799.2155  (c)(2)(ii)(A) and (d) revised............................46357
799.5000  Heading revised; table amended...........................38920

[[Page 461]]

    Table amended..................................................59663
799.5050  Regulation at 58 FR 40291 stayed.........................33186
799.5075  (d) corrected.............................................1992

                                  1995

40 CFR
                                                                   60 FR
                                                                    Page
Chapter I
790.5  (a) amended.................................................31922
    (b) revised; (d) removed.......................................34466
790.50  (b)(1) revised.............................................34466
790.55  (a) revised................................................34466
790.62  (c)(4) revised.............................................34466
790.68  (b)(1) revised.............................................34466
795.45  Removed....................................................31922
795.54  Removed....................................................31922
795.223  Removed...................................................31922
795.230  Removed...................................................31922
795.232  (c)(2)(i) amended.........................................34466
795.235  Removed...................................................31922
795.260  Removed...................................................31922
795.285  Removed...................................................31922
796.1220  Removed..................................................31922
796.1370  Removed..................................................31922
796.1520  Removed..................................................31922
796.1550  Removed..................................................31922
796.1570  Removed..................................................31922
796.1720  Removed..................................................31922
796.1840  Removed..................................................31922
796.1860  Removed..................................................31922
796.1950  (b)(2)(i) amended........................................34466
796.2700  Removed..................................................31922
796.3140  Removed..................................................31922
796.3180  Removed..................................................31922
796.3200  Removed..................................................31922
796.3220  Removed..................................................31922
796.3240  Removed..................................................31922
796.3260  Removed..................................................31922
796.3300  Removed..................................................31922
796.3340  Removed..................................................31922
796.3360  Removed..................................................31922
796.3400  Removed..................................................31922
796.3480  Removed..................................................31922
796.3500  (b)(1)(ii) amended.......................................34467
796.3700  Removed..................................................31922
796.3780  Removed..................................................31922
796.3800  Removed..................................................31922
797.1060  Removed..................................................31923
797.1075  Removed..................................................31923
797.1160  Removed..................................................31923
797.1350  Removed..................................................31923
797.1440  Removed..................................................31923
797.1520  Removed..................................................31923
797.1560  Removed..................................................31923
797.1800  Removed..................................................31923
797.1830  Removed..................................................31923
797.1970  Removed..................................................31923
797.2050--797.2850 (Subpart C)  Removed............................31923
798.1100--798.1175 (Subpart B)  Removed............................31923
798.2675  Removed..................................................31923
798.4420  Removed..................................................31923
798.4470  Removed..................................................31923
798.4500  Removed..................................................31923
798.5100  Removed..................................................31923
798.5140  Removed..................................................31923
798.5250  Removed..................................................31923
798.5550  Removed..................................................31923
798.5575  Removed..................................................31923
798.5900  Removed..................................................31923
798.5915  Removed..................................................31923
798.6450  Removed..................................................31923
798.6540  Removed..................................................31923
798.6850  Removed..................................................31923
798.7100  Removed..................................................31923
799.5  Amended.....................................................31923
    Revised........................................................34467
799.18  Added......................................................31923
799.500  Removed...................................................31924
799.925  Removed...................................................31924
799.940  Removed...................................................31924
799.1051  Removed..................................................31924
799.1052  Removed..................................................31924
799.1054  Removed..................................................31924
799.1250  Removed..................................................31924
799.1285  Removed..................................................31924
    (e)(1)(i) and (2)(i) amended...................................34467
799.1550  Removed..................................................31924
799.1575  (c)(1)(ii)(C) and (2)(ii)(C) revised; (c)(3)(ii) and 
        (d)(2) amended.............................................34467
799.1650  Removed..................................................31924
799.2155  (a)(1) amended...........................................34467
799.2175  Removed..................................................31924
799.2200  Removed..................................................31924
799.2325  (c)(8)(ii)(A) and (d) revised.....................50434, 56956
799.3175  Removed..................................................31924
799.3450  Removed..................................................31924
799.4000  Removed..................................................31924
799.4360  (d)(7)(i)(B) amended.....................................34467
799.4400  Removed..................................................31924
799.5000  Table amended.........................4519, 5140, 14911, 31924
799.5050  Removed...................................................4516
799.5075  (a)(1), (c)(1)(i)(A), (2)(i)(A) and (d)(1) revised.......48904
    (a)(2), (c)(1)(ii)(A), (B), (2)(ii)(A) and (d) revised........50434, 
                                                                   56956

[[Page 462]]

                                  1996

40 CFR
                                                                   61 FR
                                                                    Page
Chapter I
799.1285  Corrected................................................33044
799.2500  Removed..................................................33376
799.5000  Table amended.....................................11742, 29487
799.5075  (a)(1), (c)(1)(i)(A), (2)(i)(A) and (d)(1) revised........7223
    (c)(1)(ii)(A) and (d) revised..................................37686

                                  1997

40 CFR
                                                                   62 FR
                                                                    Page
Chapter 1
799.1  (d) added...................................................43824
799.5000  Table amended......................................2611, 28368
799.5075  (c)(1)(ii)(A) and (d) revised............................35105
799.9135--799.9780 (Subpart H)  Added..............................43824

                                  1998

                       (No regulations published)

                                  1999

    (Regulations published from January 1, 1999 through July 1, 1999)

40 CFR
                                                                   64 FR
                                                                    Page
Chapter 1
799.9346  Heading, (d), (e)(1)(ii)(B), (iv)(A), (v)(E), (v)(F), 
        (12) and (15)(i)(D) revised; (f)(3)(ii)(D) and (E) added 
                                                                   35077
799.9380  (e)(4)(i)(D), (9) and (f)(3)(vi) revised.................35078
799.9420  (d)(5)(ii)(C), (D), (iii)(G), (7)(iv), (9)(ii), 
        (iii)(D)(5), (10)(ii) and (iv) revised; (d)(9)(iii)(F)(8), 
        (e)(3)(i)(B)(4), (5) and (4)(ii)(J) added; 
        (d)(9)(iii)(A)(13), (iii)(E)(6), (G)(1), (2), (4), (6) and 
        (10)(i)(D) removed; (d)(9)(iii)(G)(3) and (5) redesignated 
        as (d)(9)(iii)(G)(1) and (2)...............................35078
799.9510  (e)(2)(i)(A)(3) introductory text, (ii)(A) and (f)(3) 
        introductory text revised..................................35079
799.9538  (e)(2)(ii)(B)(3) revised.................................35079
799.9539  (e)(2)(ii)(A), (3)(iii), (f)(2)(ii) and (3) introductory 
        text revised...............................................35079
799.9620  (e)(3)(ii) revised.......................................35080
Chapter VII
Chapter VII  Established...........................................25134