40 C.F.R. § 725.238

Current through September 30, 2024
Section 725.238 - Activities conducted outside a structure
(a)Exemption.
(1) Research and development activities involving intentional testing in the environment of certain microorganisms listed in § 725.239 may be conducted without prior review by EPA if all of the conditions of this section and § 725.239 are met.
(2) The research and development activity involving a microorganism listed in § 725.239 must be conducted by, or directly under the supervision of, a technically qualified individual, as defined in § 725.3 .
(b)Certification. To be eligible for the exemption under this section, a manufacturer or importer must submit to EPA prior to initiation of the activity a document signed by an authorized official containing the following information:
(1) Name, address, and telephone number of the manufacturer or importer.
(2) Location, estimated duration, and planned start date of the test.
(3) Certification of the following:
(i) Compliance with the conditions of the exemption specified for the microorganism in § 725.239 .
(ii) If state and/or local authorities have been notified of the activity, evidence of notification.
(c)Recordkeeping. Persons who conduct research and development activities under this section must comply with the recordkeeping requirements of § 725.65 and retain documentation that supports their compliance with the requirements of this section and the specific requirements for the microorganism listed in § 725.239 .

40 C.F.R. §725.238