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Title 40: Protection of Environment
CHAPTER I: ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
SUBCHAPTER R: TOXIC SUBSTANCES CONTROL ACT
PART 725: REPORTING REQUIREMENTS AND REVIEW PROCESSES FOR MICROORGANISMS
Subpart E: Exemptions for Research and Development Activities
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.
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