### 33 Environmental Protection Agency Pt. 792

(c) Amounts of the test chemicalmanufactured 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. (Chemicalsused 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 toexclude those amounts from the calculation of his production volume.

§ 791.50 Costs.

(a) All costs reasonable and necessary to comply with the test rule, taking into account the practices ofother 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 depreciationon the tester’s initial capital investment.

(3) The cost of repeating or repairing tests where failure was demonstrablydue to some cause other than negligence of the tester.

(b) Costs attributable to tests beyondthose specified by EPA shall not be eligible for reimbursement under this rule.

§ 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 beshared 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 shalldivide 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 thereforedo not have reimbursement responsibilities for the same tests done by others. 

### Subpart D—Review

§ 791.60 Review.

(a) The hearing officer’s proposed order shall become the final Agency order 30 days after issuance unlesswithin 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

§ 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

§ 791.105 Prohibited acts.

Failure to provide information required by the Agency or to pay theamounts 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

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.


### 34 40 CFR Ch. I (7–1–09 Edition) § 792.1

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.

A UTHORITY : 15 U.S.C. 2603.

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



### Subpart A—General Provisions

§ 792.1 Scope.

(a) This part prescribes good laboratory practices for conducting studiesrelating to health effects, environmental effects, and chemical fate testing. This part is intended to ensure the quality and integrity of data submittedpursuant 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 environmentaleffects of the chemical substances unless the submitter provides additional information demonstrating that the data are reliable and adequate.

§ 792.3 Definitions.

As used in this part the followingterms shall have the meanings specified:

Batch means a specific quantity orlot of a test, control, or reference substance that has been characterized according to §792.105(a).

Carrier means any material, including but not limited to, feed, water, soil, and nutrient media, with which thetest substance is combined for administration to a test system.

Control substance means any chemicalsubstance 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 meansthe 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


### 35 Environmental Protection Agency § 792.10

the study director, designated by testing facility management to performthe 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 substancefor 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 section4(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 oneor more test sites, in which a test substance is studied in a test system underlaboratory 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 datethe protocol is signed by the study director.

Test substance means a substance or mixture administered or added to atest 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 isdeveloped 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 forstudy. ‘‘Test system’’ also includes appropriate groups or components of thesystem not treated with the test, control, or reference substance.

Testing facility means a person whoactually conducts a study, i.e., actually uses the test substance in a testsystem. ‘‘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.

§ 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.


### 36 40 CFR Ch. I (7–1–09 Edition) § 792.12

§ 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 thesubmission 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 wasnot a sponsor of the study, did not conduct the study, and does not knowwhether the study was conducted in accordance with this part.

§ 792.15 Inspection of a testing facility.

(a) A testing facility shall permit anauthorized 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 alsoto copy) all records and specimens required to be maintained regarding studies to which this part applies. Therecords inspection and copying requirements shall not apply to quality assurance unit records of findings and problems, or to actions recommended andtaken, 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 presenta 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 obligationunder 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. § 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 notconducted in accordance with any requirement of this part;

(2) Data or information submitted to EPA under this part (including the statement required by §792.12) include
information or data that are false ormisleading, contain significant omissions, or otherwise do not fulfill the requirements of this part; or

(3) Entry in accordance with §792.15 for the purpose of auditing test data orinspecting 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 notconsider reliable for purposes of showing that a chemical substance or mixture does not present a risk of injury to health or the environment anystudy 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 anyapplicable 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 todevelop data in accordance with the requirements of this part in order to satisfy such obligations.


### 37 Environmental Protection Agency § 792.35



### Subpart B—Organization and Personnel

§ 792.29 Personnel.

(a) Each individual engaged in theconduct 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 necessarypersonal 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 necessaryto prevent microbiological, radiological, or chemical contamination oftest 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 directcontact 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 ormedical conditions that may reasonably be considered to have an adverse effect on a study.

§ 792.31 Testing facility management.

For each study, testing facility management shall:

(a) Designate a study director as described in §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 §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 andmethodologies are available as scheduled.

(f) Assure that personnel clearly understand the functions they are to perform.

(g) Assure that any deviations fromthese regulations reported by the quality assurance unit are communicatedto the study director and corrective actions are taken and documented.

§ 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 theinterpretation, 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 §792.120 and is followed.

(b) All experimental data, includingobservations 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.

§ 792.35 Quality assurance unit.

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


### 38 40 CFR Ch. I (7–1–09 Edition) § 792.41

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 andconduct 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 testsubstance 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 thestudy and maintain written and properly signed records of each periodic inspection showing the date of the inspection, the study inspected, thephase or segment of the study inspected, the person performing the inspection, findings and problems, actionrecommended and taken to resolve existing problems, and any scheduled date for re-inspection. Any problemswhich 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, notingany problems and the corrective actions taken.

(5) Determine that no deviations from approved protocols or standardoperating procedures were made without proper authorization and documentation.

(6) Review the final study report toassure 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 reportwhich 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 writtenprocedures established for the inspection and may request testing facilitymanagement to certify that inspections are being implemented, performed, documented, and followed up in accordance with this paragraph.



### Subpart C—Facilities

§ 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 theproper conduct of studies. Testing facilities shall be designed so that thereis a degree of separation that will prevent any function or activity from having an adverse effect on the study.

§ 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 individualprojects, 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 orarea by housing them separately in different chambers or aquaria. Separation of species is unnecessary where theprotocol specifies the simultaneous exposure of two or more species in the


### 39 Environmental Protection Agency § 792.49

same chamber, aquarium, or housing unit.

(2) Aquatic toxicity tests for individual projects shall be isolated to theextent 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 testsystem 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 bebiohazardous, 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 testsystem diseases. These areas shall provide effective isolation for the housingof test systems either known or suspected of being diseased, or of beingcarriers 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 minimizevermin 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 orartificial 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, asspecified in the protocol, shall be available as needed.

§ 792.45 Test system supply facilities.

(a) There shall be storage areas, asneeded, for feed, nutrients, soils, bedding, supplies, and equipment. Storageareas 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 supplyfacilities 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 toaquaria, holding tanks, ponds, and ancillary equipment, as specified in the protocol.

§ 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 testsystems and shall be adequate to preserve the identity, strength, purity, and stability of the substances and mixtures.

§ 792.49 Laboratory operation areas.

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


### 40 40 CFR Ch. I (7–1–09 Edition) § 792.51

§ 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

§ 792.61 Equipment design.

Equipment used in the generation, measurement, or assessment of dataand 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.

§ 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 §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 ofequipment, and shall specify, when appropriate, remedial action to be taken in the event of failure or malfunctionof 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, shalldescribe 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 whenthe defect was discovered, and any remedial action taken in response to the defect. 

### Subpart E—Testing Facilities Operation

§ 792.81 Standard operating procedures.
(a) A testing facility shall havestandard 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 beproperly 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 availablemanuals 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 revisionsthereof, including the dates of such revisions, shall be maintained.

§ 792.83 Reagents and solutions.

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


### 41 Environmental Protection Agency § 792.105

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

§ 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 isolatedand 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 thepurpose or conduct of the study. If during the course of the study, the testsystems 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 amphibiansused 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 eachtest system within the test systemhousing unit shall appear on the outside of that unit. Suckling mammals and juvenile birds are excluded fromthe requirement of individual identification unless otherwise specified in the protocol.

(e) Except as specified in paragraph (e)(1) of this section, test systems ofdifferent species shall be housed in separate rooms when necessary. Test systems of the same species, but used in different studies, should not ordinarilybe housed in the same room when inadvertent exposure to test, control, or reference substances or test systemmixup 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 separaterooms, 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 accessoryequipment, shall be cleaned and sanitized at appropriate intervals.

(g) Feed, soil, and water used for thetest 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 thosespecified in the protocol. Documentation of such analyses shall be maintained as raw data.

(h) Bedding used in animal cages orpens 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 systemsshall be acclimatized to the environmental conditions of the test, prior to their use in a study.



### Subpart F—Test, Control, and Reference Substances

§ 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 astudy. Methods of synthesis, fabrication, or derivation of the test, control,


### 42 40 CFR Ch. I (7–1–09 Edition) § 792.107

or reference substance shall be documented by the sponsor or the testingfacility, 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 accordingto 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 compositionof 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 §792.195.

(e) The stability of test, control, and reference substances under storage conditions at the test site shall be known for all studies.

§ 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 ofcontamination, deterioration, or damage.

(c) Proper identification is maintained throughout the distribution

process.

(d) The receipt and distribution ofeach batch is documented. Such documentation shall include the date and quantity of each batch distributed or returned. § 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 ofthe mixture and to determine, periodically, the concentration of the test, control, or reference substance in the mixture.

(2) When relevant to the conduct ofthe experiment, to determine the solubility of each test, control, or reference substance in the mixture by the testingfacility 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 accordingto written standard operating procedures, which provide for periodic analysis of each batch.

(b) Where any of the components ofthe 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

§ 792.120 Protocol.

(a) Each study shall have an approved written protocol that clearly indicates the objectives and all methodsfor 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.


### 43 Environmental Protection Agency § 792.135

(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 experimentaldesign, including methods for the control of bias.

(9) Where applicable, a description and/or identification of the diet used inthe 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 acceptablelevels of contaminants that are reasonably expected to be present in the dietary materials and are known to be capable of interfering with the purpose orconduct 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 ortest system weight or other appropriate units, of the test, control, or reference substance to be administeredand 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, signedby the study director, dated, and maintained with the protocol.

§ 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 amanner 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 beavailable to a pathologist when examining that specimen histopathologically.

(e) All data generated during the conduct of a study, except those that aregenerated 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 toobscure the original entry, shall indicate the reason for change, shall be dated, and the responsible individual shall be identified.

§ 792.135 Physical and chemical characterization studies.
(a) All provisions of the GLPs shallapply 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 todetermine 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)


### 44 40 CFR Ch. I (7–1–09 Edition) § 792.185

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

§ 792.185 Reporting of study results.

(a) A final report shall be prepared for each study and shall include, butnot 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 wascompleted, 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 referencesubstances identified by name, chemical abstracts service (CAS) number or code number, strength, purity, andcomposition, or other appropriate characteristics.

(5) Stability, and when relevant to the conduct of the study, the solubilityof 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 testingfacility 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 §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 personresponsible. 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 ofany amendment to it shall be maintained by the sponsor and the test facility.

§ 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 ofsoil, 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 documentsrelating 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


### 45 Environmental Protection Agency § 792.195

specimens in accordance with the requirements for the time period of theirretention and the nature of the documents of specimens. A testing facilitymay contract with commercial archives to provide a repository for all material to be retained. Raw data and specimens may be retained elsewhereprovided 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.

§ 792.195 Retention of records.

(a) Record retention requirements set forth in this section do not supersede the record retention requirements ofany 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 tobe retained by this part shall be retained in the archive(s) for a period ofat least ten years following the effective date of the applicable final test rule.

(2) In the case of negotiated testingagreements, each agreement will contain a provision that, except as provided in paragraph (c) of this section, documentation records, raw data, andspecimens pertaining to a study and required to be retained by this part shallbe 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, andspecimens pertaining to a study and required to be retained by this part shallbe 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 thequality 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, copiesof protocols, and records of quality assurance inspections, as required by §792.35(c) shall be maintained by thequality 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 bemaintained by §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 §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 goesout 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 nondocumentary materials need not be retained after EPA has notified in writing the sponsor or testing facility holding the materials that retention is nolonger required by EPA. Such notification normally will be furnished uponrequest after EPA or FDA has completed an audit of the particular study to which the materials relate and EPAhas 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.


### 46 40 CFR Ch. I (7–1–09 Edition) Pt. 795



### PART 795—PROVISIONAL TEST GUIDELINES

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.

A UTHORITY : 15 U.S.C. 2603.



### Subpart A [ Reserved ]

Subpart B—Provisional Chemical Fate Guidelines

§ 795.70 Indirect photolysis screening test: Sunlight photolysis in waterscontaining 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 statesof the molecule decompose. In the second case, reaction of dissolved chemical is the result of chemical or electronic excitation transfer from lightabsorbing 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 (K pE ) in a natural water body will yield a net valuethat is the sum of two first-order reaction rate constants for the direct (k DE ) and indirect (k IE ) pathways which can be expressed by the relationship

Equation 1

k pE =k DE +k IE . This relationship is obtained when the reaction volume is optically thin sothat 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, directphotoreaction is possible, although hydrolysis, biotransformation, sorption, and volatilization also can decrease the concentraton of a test chemical. By measuring k pE in a natural water and
k DE in pure water, k IE can be calculated.

(4) Two protocols have been written that measure k DE in sunlight or predict
k DE 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 apreface to the use of the present protocol, it is not necessary to know k DE ; it will be determined under conditions that definitively establish whether k IE is significant with respect to k DE .

(5) This protocol provides a cost effective test method for measuring k IE for test chemicals in a natural water (synthetic humic water, SHW) derived from commercial humic material. Itdescribes 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 indirectphotoreaction rate constant is calculated that is applicable to clear-sky, near-surface, conditions in fresh water bodies.