[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: 40CFR799.1560]



[Page 231-236]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 799_IDENTIFICATION OF SPECIFIC CHEMICAL SUBSTANCE AND MIXTURE 

TESTING REQUIREMENTS--Table of Contents

 

                 Subpart B_Specific Chemical Test Rules

 

Sec.  799.1560  Diethylene glycol butyl ether and diethylene glycol butyl 

ether acetate.



    (a) Identification of test substances. (1) Diethylene glycol butyl 

ether (DGBE), CAS Number 112-34-5, and diethylene glycol butyl ether 

acetate (DGBA), CAS Number 124-17-4, shall be tested in accordance with 

this section.

    (2) DGBE of at least 95 percent purity and DGBA of at least 95 

percent purity shall be used as the test substances.

    (b) Persons required to submit study plans, conduct tests, and 

submit data. All persons who manufacture (including import) or process 

or intend to manufacture or process DGBE and/or DGBA, other than as an 

impurity, after April 11, 1988, to the end of the reimbursement period 

shall submit letters of intent to conduct testing, submit study plans 

and conduct tests, and submit data, or submit exemption applications as 

specified in this section, subpart A of this part, and parts 790 and 792 

of this chapter for single-phase rulemaking. Persons who manufacture or 

process DGBE are subject to the requirements to test DGBE in this 

section. Only persons who manufacture or process DGBA are subject to the 

requirements to test DGBA in this section.

    (c) Health effects testing--(1) Subchronic toxicity--(i) Required 

testing. (A) A 90-day subchronic toxicity test of DGBE shall be 

conducted in rats by dermal application in accordance with Sec.  

798.2250 of this chapter except for the provisions in paragraphs 

(e)(9)(iv), (10)(i)(A) and (ii)(B), (11) (ii) and (iii), and (12)(i) of 

Sec.  798.2250.

    (B) For the purpose of this section, the following provisions also 

apply:

    (1) A satellite group to evaluate fertility shall be established. 

Control males shall be cohabited with control females, and males and 

females administered the high dose shall be cohabited. Endpoints to be 

evaluated shall include percent mated; percent pregnant; length of 

gestation; litter size; viability at birth, on Day 4, and weaning, on 

Day 21; sex of the offspring; and litter weights at birth and Days 4, 7, 

14, and 21. Litters shall be standardized on day 4 in accordance with 

the reproductive and fertility effects guideline, Sec.  

798.4700(c)(6)(iv) of this chapter. Gross examinations shall be made at 

least once each day and physical or behavioral anomalies in the dam or 

offspring shall be recorded. At weaning, dams shall be sacrificed and 

examined for resorption sites indicative of post-implantation loss. An 

additional 20 males and 40 females will have to be added to the 

subchronic study for this test. If the animals in the high dose group 

exhibit marked toxicity (e.g. greater than 20 percent



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weight loss), then the fertility tests shall be conducted in the next 

highest dose group.

    (2) Cage-side observations shall include, but not be limited to, 

changes in skin and fur; eyes and mucous membranes; respiratory, 

circulatory autonomic, and central nervous systems; somatomotor 

activity; and behavior pattern. In addition a daily examination for 

hematuria shall be done.

    (3) Certain hematology determinations shall be carried out at least 

three times during the test period: Just prior to initiation of dosing 

(baseline data), after approximately 30 days on test, and just prior to 

terminal sacrifice at the end of the test period. Hematology 

determinations which are appropriate to all studies: Hematocrit, 

hemoglobin concentration, erythrocyte count, total and differential 

leucocyte count, mean corpuscular volume, and a platelet count.

    (4) Urinalyses shall be done at least three times during the test 

period: Just prior to initiation of dosing (baseline data), after 

approximately 30 days into the test, and just prior to terminal 

sacrifice at the end of the test period. The animals shall be kept in 

metabolism cages, and the urine shall be examined microscopically for 

the presence of erythrocytes and renal tubular cells, in addition to 

measurement of urine volume, specific gravity, glucose, protein/albumin, 

and blood.

    (5) The liver, kidney, adrenals, brain, gonads, prostate gland, 

epididymides, seminal vesicles, and pituitary gland shall be weighed 

wet, as soon as possible after dissection, to avoid drying.

    (6) The following organs and tissues, or representative samples 

thereof, shall be preserved in a suitable medium for possible future 

histopathological examination: All gross lesions; lungs--which should be 

removed intact, weighed, and treated with a suitable fixative to ensure 

that lung structure is maintained (perfusion with the fixative is 

considered to be an effective procedure); nasopharyngeal tissues; 

brain--including sections of medulla/pons, cerebellar cortex, and 

cerebral cortex; pituitary; thyroid/parathyroid; thymus; trachea; heart; 

sternum with bone marrow; salivary glands; liver; spleen; kidneys; 

adrenals; pancreas; gonads; uterus; oviducts; vagina; vas deferens; 

accessory genital organs (epididymis, prostate, and, if present, seminal 

vesicles); aorta; (skin); gall bladder (if present); esophagus; stomach; 

duodenum; jejunum; ileum; cecum; colon; rectum; urinary bladder; 

representative lymph node; (mammary gland); (thigh musculature); 

peripheral nerve; (eyes); (femur--including articular surface); (spinal 

cord at three levels--cervical, midthoracic, and lumbar); and (zymbal 

and exorbital lachrymal glands).

    (7) (i) Full histopathology on normal and treated skin and on organs 

and tissues listed in paragraph (c)(1)(i)(B)(6) of this section, as well 

as the accessory genital organs (epididymides, prostate, seminal 

vesicles) and the vagina, of all animals in the control and high dose 

groups.

    (ii) The integrity of the various cell stages of spermatogenesis 

shall be determined, with particular attention directed toward achieving 

optimal quality in the fixation and embedding; preparations of 

testicular and associated reproductive organ samples for histology 

should follow the recommendations of Lamb and Chapin (1985) under 

paragraph (d)(1) of this section, or an equivalent procedure. 

Histological analyses shall include evaluations of the spermatogenic 

cycle, i.e., the presence and integrity of the 14 cell stages. These 

evaluations should follow the guidance provided by Clermont and Perey 

(1957) under paragraph (d)(2) of this section. Information shall also be 

provided regarding the nature and level of lesions observed in control 

animals for comparative purposes.

    (iii) Data on female cyclicity shall be obtained by performing 

vaginal cytology over the last 2 weeks of dosing; the cell staging 

technique of Sadleir (1978) and the vaginal smear method in Hafez (1970) 

under paragraphs (d) (3) and (7) of this section or equivalent methods 

should be used. Data should be provided on whether the animal is cycling 

and the cycle length.

    (iv) The ovary shall be serially sectioned with a sufficient number 

of sections examined to adequately detail oocyte and follicular 

morphology. The methods of Mattison and Thorgiersson (1979) and Pederson 

and Peters (1968) under paragraphs (d) (4) and (5) of this



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section may provide guidance. The strategy for sectioning and evaluation 

is left to the discretion of the investigator, but shall be described in 

detail in the study plan and final report. The nature and background 

level of lesions in control tissue shall also be noted.

    (ii) Reporting requirements. (A) The subchronic test shall be 

completed and the final report submitted to EPA within 15 months of the 

effective date of the final test rule.

    (B) Progress reports shall be submitted to EPA every 6 months, 

beginning 6 months from the effective date of the final rule until 

submission of the final report to EPA.

    (2) Neurotoxicity/behavioral effects--(i) Required testing--(A) (1) 

Functional observational battery. A functional observational battery 

shall be performed in the rat by dermal application of DGBE for a period 

of 90 days according to Sec.  798.6050 of this chapter except for the 

provisions in paragraphs (b)(1), (d)(4)(ii), (5), and (8)(ii)(E) of 

Sec.  798.6050.

    (2) For the purpose of this section, the following provisions also 

apply:

    (i) Definition. Neurotoxicity is any adverse acute and/or lasting 

effect on the structure or function of the central and/or peripheral 

nervous system related to exposure to a chemical substance.

    (ii) Lower doses. The data from the lower doses shall show either 

graded dose-dependent effects in at least two of all the doses tested 

including the highest dose, or no neurotoxic (behavioral) effects at any 

dose tested.

    (iii) Duration and frequency of exposure. Animals shall be exposed 

for 6 hours/day, 5 days/week for a 90-day period.

    (iv) Sensory function. A simple assessment of sensory function 

(vision, audition, pain perception) shall be made. Marshall et al. 

(1971) in Sec.  798.6050(f)(8) of this chapter have described a 

neurologic exam for this purpose; these procedures are also discussed by 

Deuel (1977), under Sec.  798.6050(f)(4) of this chapter. Irwin (1968) 

under Sec.  798.6050(f)(7) of this chapter described a number of reflex 

tests intended to detect gross sensory deficits. Many procedures have 

been developed for assessing pain perception (e.g., Ankier (1974) under 

Sec.  798.6050(f)(1); D'Amour and Smith (1941) under Sec.  

798.6050(f)(3); and Evans (1971) under Sec.  798.6050(f)(6) of this 

chapter.

    (B)(1) Motor activity. A motor activity test shall be conducted in 

the rat by dermal application of DGBE for a period of 90 days according 

to Sec.  798.6200 of this chapter except for the provisions in 

paragraphs (c), (d)(3)(ii), (4)(ii), (5), (8)(i), and (iii) of Sec.  

798.6200.

    (2) For the purpose of this section, the following provisions also 

apply:

    (i) Principle of the test method. The test substance is administered 

to several groups of experimental animals, one dose being used per 

group. Measurements of motor activity are made. Where possible, the 

exposure levels at which significant changes in motor activity are 

produced are compared to those levels which produce toxic effects not 

originating in the central and/or peripheral nervous system.

    (ii) Positive control data. Positive control data are required to 

document the sensitivity of the activity measuring device and testing 

procedure. These data should demonstrate the ability to detect increases 

or decreases in activity and to generate a dose-effect curve or its 

equivalent using three values of the dose or equivalent independent 

variable. A single administration of the dose (or equivalent) is 

sufficient. It is recommended that chemical exposure be used to collect 

positive control data. Positive control data shall be collected at the 

time of the test study unless the laboratory can demonstrate the 

adequacy of historical data for this purpose.

    (iii) Lower doses. The data from the lower doses shall show either 

graded dose-dependent effects in at least two of all the doses tested 

including the highest dose, or no neurotoxic (behavioral) effects at any 

dose tested.

    (iv) Duration and frequency of exposure. Animals shall be exposed 

for 6 hours/day, 5 days/week for a 90-day period.

    (v) General. Motor activity shall be monitored by an automated 

activity recording apparatus. The device used shall be capable of 

detecting both increases and decreases in activity, i.e. baseline 

activity as measured by the



[[Page 234]]



device shall not be so low as to preclude decreases nor so high as to 

preclude increases. Each device shall be tested by a standard procedure 

to ensure, to the extent possible, reliability of operation across 

devices and across days for any one device. In addition, treatment 

groups shall be balanced across devices. Each animal shall be tested 

individually. The test session shall be long enough for motor activity 

to approach asymptotic levels by the last 20 percent of the session for 

most treatments and for the session control animals. All sessions should 

be of the same duration. Treatment groups shall be counter-balanced 

across test times. Effort should be made to ensure that variations in 

the test conditions are minimal and are not systematically related to 

treatment. Among the variables which can affect motor activity are sound 

level, size and shape of the test cage, temperature, relative humidity, 

lighting conditions, odors, use of home cage or novel test cage, and 

environmental distractions. Tests shall be executed by an appropriately 

trained individual.

    (vi) Subchronic. All animals shall be tested prior to initiation of 

exposure and at 30 4, 60 4, 

and 90 4 days during the exposure period. Testing 

shall occur prior to the daily exposure. Animals shall be weighed on 

each test day and at least once weekly during the exposure period.

    (C)(1) Neuropathology. A neuropathology test shall be conducted in 

the rat by dermal application of DGBE for a period of 90 days according 

to Sec.  798.6400 of this chapter except for the provisions in 

paragraphs (d)(4)(ii), (5), (8)(iv)(C), and (E)(2) of Sec.  798.6400.

    (2) For the purpose of this section, the following provisions also 

apply:

    (i) Lower doses. The data from the lower doses shall show either 

graded dose-dependent effects in at least two of all the doses tested 

including the highest dose, or no neurotoxic (behavioral) effects at any 

dose tested.

    (ii) Duration and frequency of exposure. Animals shall be exposed 

for 6 hours/day, 5 days/week for a 90-day period.

    (iii) Clearing and embedding. After dehydration, tissue specimens 

shall be cleared with xylene and embedded in paraffin or paraplast 

except for the sural nerve which should be embedded in plastic. Multiple 

tissue specimens (e.g. brain, cord, ganglia) may be embedded together in 

one single block for sectioning. All tissue blocks shall be labeled to 

provide unequivocal identification. A method for plastic embedding is 

described by Spencer et al. in paragraph (d)(6) of this section.

    (iv) Special stains. Based on the results of the general staining, 

selected sites and cellular components shall be further evaluated by the 

use of specific techniques. If hematoxylin and eosin screening does not 

provide such information, a battery of stains shall be used to assess 

the following components in all appropriate required samples: Neuronal 

body (e.g., Einarson's gallocyanin), axon (e.g., Bodian), myelin sheath 

(e.g., Kluver's Luxol Fast Blue), and neurofibrils (e.g., Bielchosky). 

In addition, peripheral nerve fiber teasing may be used. Detailed 

staining methodology is available in standard histotechnological manuals 

such as Armed Forces Institute of Pathology (AFIP) (1968) under Sec.  

798.6400(f)(1), Ralis et al. (1973) under Sec.  798.6400(f)(5), and 

Chang (1979) under Sec.  798.6400(f)(2) of this chapter. The nerve fiber 

teasing technique is discussed in Spencer and Schaumberg (1980) under 

Sec.  798.6400(f)(6) of this chapter. A section of normal tissue shall 

be included in each staining to assure that adequate staining has 

occurred. Any changes shall be noted and representative photographs 

shall be taken. If a lesion(s) is observed, the special techniques shall 

be repeated in the next lower treatment group until no further lesion is 

detectable.

    (ii) Reporting requirements. (A) The neurotoxicity/behavioral tests 

required under paragraph (c)(2) of this section shall be completed and 

the final reports submitted to EPA within 17 months of the effective 

date of the final rule.

    (B) Interim progress reports shall be submitted to EPA at 6-month 

intervals, beginning 6 months from the effective date of the final rule 

until submission of the applicable final report to EPA.

    (3) Developmental neurotoxicity--(i) Required testing. A 

developmental neurotoxicity test of DGBE shall be



[[Page 235]]



conducted after a public program review of the Tier I data from the 

functional observational battery, motor activity, and neuropathology 

tests in paragraph (c)(2) of this section, and the reproductive tests in 

paragraph (c)(1) of this section, and if EPA issues a Federal Register 

notice or sends a certified letter to the test sponsor specifying that 

the testing shall be initiated. The test shall be performed in rats in 

accordance with Sec.  795.250 of this chapter.

    (ii) Reporting requirements. (A) The developmental neurotoxicity 

test shall be completed and the final report submitted to EPA within 15 

months of EPA's notification of the test sponsor by certified letter or 

Federal Register notice under paragraph (c)(3)(i) of this section that 

the testing shall be initiated.

    (B) Progress reports shall be submitted to EPA every 6 months, 

beginning 6 months after the date of notification that the testing shall 

be initiated, until submission of the final report to EPA.

    (4) Pharmacokinetics--(i) Required testing. (A) Pharmacokinetics 

testing of DGBE and DGBA will be conducted in rats by the dermal route 

of administration in accordance with Sec.  795.225 of this chapter, 

except for the provisions in paragraphs (b) (1)(ii) and (3)(i) of Sec.  

795.225.

    (B) For the purpose of this section, the following provisions also 

apply:

    (1) Animals. Adult male and female Sprague Dawley rats shall be 

used. The rats shall be 7 to 8 weeks old and weigh 180 to 220 grams. 

Prior to testing, the animals shall be selected at random for each 

group. Animals showing signs of ill health shall not be used.

    (2) Observation of animals--Urinary and fecal excretion. The 

quantities of \14\C excreted in urine and feces by rats dosed as 

specified in paragraph (b)(2)(iv) of Sec.  795.225 shall be determined 

at 8, 24, 48, 72, and 96 hours after dosing, and if necessary, daily 

thereafter until at least 90 percent of the dose has been excreted or 

until 7 days after dosing (whichever occurs first). Four animals per sex 

per dose group shall be used for this purpose.

    (ii) Reporting requirements. (A) The pharmacokinetics tests shall be 

completed and the final reports submitted to EPA within 8 months of the 

effective date of the final amendment.

    (B) A progress report shall be submitted to EPA 6 months from the 

effective date of the final amendment.

    (d) References. For additional background information the following 

references should be consulted:

    (1) Lamb, J.C. and Chapin, R.E. ``Experimental models of male 

reproductive toxicology.'' In: ``Endocrine Toxicology.'' Thomas, J.A., 

Korach, K.S., and McLachlan, J.A., eds. New York, NY: Raven Press. pp. 

85-115. (1985).

    (2) Clermont, Y. and Perey, B. ``Quantitative study of the cell 

population of the seminiferous tubules in immature rats.'' American 

Journal of Anatomy. 100:241-267. (1957).

    (3) Sadleir, R.M.F.S. ``Cycles and seasons.'' In: ``Reproduction in 

Mammals: I. Germ Cells and Fertilization.'' Austin, C.R. and Short, 

R.V., eds. New York, NY: Cambridge Press. Chapter 4. (1978).

    (4) Mattison, D.R. and Thorgiersson, S.S. ``Ovarian aryl hydrocarbon 

hydroxylase activity and primordial oocyte toxicity of polycyclic 

aromatic hydrocarbons in mice.'' Cancer Research. 39:3471-3475. (1979).

    (5) Pederson, T. and Peters, H. ``Proposal for classification of 

oocytes and follicles in the mouse ovary. Journal of Reproduction and 

Fertility. 17:555-557. (1968).

    (6) Spencer, P.S., Bischoff, M.C., and Schaumburg, H.H. 

``Neuropathological methods for the detection of neurotoxic disease.'' 

In: ``Experimental and Clinical Neurotoxicology.'' Spencer, P.S. and 

Schaumburg, H.H., eds. Baltimore, MD: Williams & Wilkins, pp. 743-757. 

(1980).

    (7) Hafez, E.S., ed., ``Reproduction and Breeding Techniques for 

Laboratory Animals.'' Chapter 10. Philadelphia: Lea & Febiger (1970).

    (e) Effective date. (1) The effective date of the final rule is 

April 11, 1988, except for paragraph (c)(2)(ii)(A) of this section. The 

effective date for paragraph (c)(2)(ii)(A) of this section is March 1, 

1990. The effective date for paragraphs (c)(4)(ii)(A) and (c)(4)(ii)(B) 

of this section is November 27, 1989.



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    (2) The guidelines and other test methods cited in this rule are 

referenced as they exist on the effective date of the final rule.



[53 FR 5950, Feb. 26, 1988, as amended at 54 FR 27357, June 29, 1989; 54 

FR 41835, Oct. 12, 1989; 55 FR 7326, Mar. 1, 1990; 58 FR 34205, June 23, 

1993]