[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: 40CFR797.1600]



[Page 121-132]

 

                   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.  797.1600  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 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



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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.

    (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



[[Page 123]]



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.

    (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



[[Page 124]]



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 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



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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.

    (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.



[[Page 126]]



    (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 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



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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 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.



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    (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 

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.



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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 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.



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    (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 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 [micro]g/liter.

Residual chlorine........................  <1 [micro]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 15\0\/

00 and the weekly range of the salinity is less than 15\0\/

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 ([micro]m) 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



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low salinity to maintain salinity above 15\0\/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 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 

[micro]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



[[Page 132]]



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).

    (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]