[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR797.1300]



[Page 105-110]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 797_ENVIRONMENTAL EFFECTS TESTING GUIDELINES--Table of Contents

 

                      Subpart B_Aquatic Guidelines

 

Sec.  797.1300  Daphnid acute toxicity test.



    (a) Purpose. This guideline is intended for use in developing data 

on



[[Page 106]]



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 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



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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 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



[[Page 108]]



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 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



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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 [micro]g/liter.

Residual chlorine.........................  <3 [micro]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 [micro]ohm/cm is acceptable as the diluent for 

making reconstituted water.

    (iv) Cleaning. All test equipment and test chambers shall be cleaned 

before 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



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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.

    (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]