[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: 40CFR799.9346]



[Page 360-366]

 

                   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 H_Health Effects Test Guidelines

 

Sec.  799.9346  TSCA 90-day inhalation toxicity.



    (a) Scope. This section is intended to meet the testing requirements 

under section 4 of TSCA. In the assessment and evaluation of the toxic 

characteristics of a gas, volatile substance, or aerosol/particulate, 

determination of subchronic inhalation toxicity may be carried out after 

initial information on toxicity has been obtained by acute testing. The 

subchronic inhalation study has been designed to permit the 

determination of the no-observed-effect-level (NOEL) and toxic effects 

associated with continuous or repeated exposure to a test substance for 

a period of 90 days. This study is not capable of determining those 

effects that have a long latency period for development (e.g., 

carcinogenicity and life shortening). Extrapolation from the results of 

this study to humans is valid only to a limited degree. It can, however, 

provide useful information on health hazards likely to arise from 

repeated exposures by the inhalation route over a limited period of 

time. It will provide information on target organs and the possibilities 

of accumulation, and can be of use in selecting concentration levels for 

chronic studies and establishing safety criteria for human exposure. 

Hazards of inhaled substances are influenced by the inherent toxicity 

and by physical factors such as volatility and particle size.

    (b) Source. The source material used in developing this TSCA test 

guideline is the OPPTS harmonized test guideline 870.3465 (June 1996 

Public Draft). This source is available at the address in paragraph (h) 

of this section.

    (c) Definitions. The following definitions apply to this section.

    Aerodynamic equivalent diameter is defined as the diameter of a unit 

density sphere having the same terminal settling velocity as the 

particle in question, whatever its size, shape, and density. It is used 

to predict where in the respiratory tract such particles may be 

deposited.

    Concentration in a subchronic inhalation study is the amount of test 

substance administered via inhalation for a period of 90-days. 

Concentration is expressed as weight of the test substance per unit 

volume of air (milligrams per liter or parts per million).

    Cumulative toxicity is the adverse effects of repeated exposures 

occurring as a result of prolonged action on, or increased concentration 

of the administered test substance or its metabolites in susceptible 

tissues.

    Inhalable diameter refers to that aerodynamic diameter of a particle 

which is considered to be inhalable for the organism. It is used to 

refer to particles which are capable of being inhaled and may be 

deposited anywhere within the respiratory tract

    Mass median aerodynamic diameter (MMAD) is the median aerodynamic 

diameter and along with the geometric standard deviation (GSD) is used 

to describe the particle size distribution of any aerosol statistically 

based on the weight and size of the particles. Fifty percent of the 

particles by weight will be smaller than the median diameter and 50% of 

the particles will be larger.

    No-observed-effect-level (NOEL) is the maximum concentration used in 

a study which produces no adverse effects.

    Subchronic inhalation toxicity is the adverse effects occurring as a 

result of the repeated daily exposure of experimental animals to a 

chemical by inhalation for part (approximately 10%) of a life span.

    (d) Limit test. If exposure at a concentration of 1 mg/L (expected 

human exposure may indicate the need for a higher concentration), or 

where this is not possible due to physical or chemical properties of the 

test substance, the maximum attainable concentration produces no 

observable toxic effects, then a full study using three concentrations 

might not be necessary.

    (e) Test procedures--(1) Animal selection--(i) Species and strain. A 

mammalian species shall be used for testing. A variety of rodent species 

may be used,



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although the rat is the preferred species. Commonly used laboratory 

strains should be employed. If another mammalian species is used, the 

tester shall provide justification/reasoning for its selection.

    (ii) Age/weight. Testing should be started with young healthy 

animals as soon as possible after weaning and acclimatization.

    (B) Dosing of rodents should generally begin no later than 8 weeks 

of age.

    (C) At the commencement of the study the weight variation of animals 

used shall not exceed  20% of the mean weight for 

each sex.

    (iii) Sex. (A) Equal numbers of animals of each sex shall be used at 

each concentration.

    (B) Females shall be nulliparous and nonpregnant.

    (iv) Numbers. (A) At least 20 animals (10 females and 10 males) 

should be used for each test group.

    (B) If interim sacrifices are planned, the number of animals shall 

be increased by the number of animals scheduled to be sacrificed before 

the completion of the study.

    (C) To avoid bias, the use of adequate randomization procedures for 

the proper allocation of animals to test and control groups is required.

    (D) Each animal shall be assigned a unique identification number. 

Dead animals, their preserved organs and tissues, and microscopic slides 

shall be identified by reference to the animal's unique number.

    (v) Husbandry. (A) Animals may be group-caged by sex, but the number 

of animals per cage must not interfere with clear observation of each 

animal. The biological properties of the test substance or toxic effects 

(e.g., morbidity, excitability) may indicate a need for individual 

caging. Animals must be housed individually in inhalation chambers 

during exposure to aerosols.

    (B) The temperature of the experimental animal rooms should be at 22 

3 [deg]C.

    (C) The relative humidity of the experimental animal rooms should be 

30-70%.

    (D) Where lighting is artificial, the sequence should be 12 h light/

12 h dark.

    (E) Control and test animals should be fed from the same batch and 

lot. The feed should be analyzed to assure adequacy of nutritional 

requirements of the species tested and for impurities that might 

influence the outcome of the rest. For feeding, conventional laboratory 

diets may be used with an unlimited supply of drinking water.

    (F) The study should not be initiated until animals have been 

allowed a period of acclimatization/quarantine to environmental 

conditions, nor should animals from outside sources be placed on test 

without an adequate period of quarantine. An acclimatization period of 

at least 5 days is recommended.

    (2) Control and test substances. (i) Whenever it is necessary to 

formulate the test substance with a vehicle for aerosol generation, the 

vehicle ideally should not elicit toxic effects or substantially alter 

the chemical or toxicological properties of the test substance.

    (ii) One lot of the test substance should be used, if possible 

throughout the duration of the study, and the research sample should be 

stored under conditions that maintain its purity and stability. Prior to 

the initiation of the study, there should be a characterization of the 

test substance, including the purity of the test substance and, if 

technically feasible, the name and quantities of unknown contaminants 

and impurities.

    (3) Control groups. A concurrent control group is required. This 

group shall be an untreated or sham-treated control group. Except for 

treatment with the test substance, animals in the control group shall be 

handled in a manner identical to the test group animals. Where a vehicle 

other than water is used to generate a substance, a vehicle control 

group should be used. If the toxic properties of the vehicle are not 

known or cannot be made available, both untreated and vehicle control 

groups are required.

    (4) Satellite group. A satellite group of 20 animals (10 animals per 

sex) may be treated with the high concentration level for 90 days and 

observed for reversibility, persistence, or delayed occurrence of toxic 

effects for a post-treatment period of appropriate length,



[[Page 362]]



normally not less than 28 days. In addition, a control group of 20 

animals (10 animals of each sex) should be added to the satellite study.

    (5) Concentration levels and concentration selection. (i) In 

subchronic toxicity tests, it is desirable to have a concentration-

response relationship as well as a NOEL. Therefore, at least three 

concentration levels plus a control and, where appropriate, a vehicle 

control (corresponding to the concentration of vehicle at the highest 

exposure level) shall be used. Concentrations should be spaced 

appropriately to produce test groups with a range of toxic effects. The 

data should be sufficient to produce a concentration-response curve.

    (ii) The highest concentration should result in toxic effects but 

not produce an incidence of fatalities which would prevent a meaningful 

evaluation.

    (iii) The intermediate concentrations should be spaced to produce a 

gradation of toxic effects.

    (iv) The lowest concentration should produce no evidence of 

toxicity.

    (v) In the case of potentially explosive test substances, care 

should be taken to avoid generating explosive concentrations.

    (6) Administration of the test substance. Animals should be exposed 

to the test substance for 6 h per day on a 7-day per week basis for a 

period of at least 90 days. Based primarily on practical considerations, 

exposure for 6 h per day on a 5-day per week basis is acceptable.

    (7) Observation period. The animals should be observed for a period 

of 90 days. Animals in the satellite group (if used) scheduled for 

follow-up observations should be kept for at least 28 days further 

without treatment to assess reversibility.

    (8) Exposure specifications. (i) The animals shall be tested in 

dynamic inhalation equipment designed to sustain a minimum airflow of 10 

air changes per hr, an adequate oxygen content of at least 19%, and 

uniform conditions throughout the exposure chamber. Maintenance of 

slight negative pressure inside the chamber will prevent leakage of the 

test substance into the surrounding areas. It is not normally necessary 

to measure chamber oxygen concentration if airflow is adequate.

    (ii) The selection of a dynamic inhalation chamber should be 

appropriate for the test substance and test system. Where a whole body 

chamber is used to expose animals to an aerosol, individual housing must 

be used to minimize crowding of the test animals and maximize their 

exposure to the test substance. To ensure stability of a chamber 

atmosphere, the total volume occupied by the test animals shall not 

exceed 5% of the volume of the test chamber. It is recommended, but not 

required, that nose-only or head-only exposure be used for aerosol 

studies in order to minimize oral exposures due to animals licking 

compound off their fur. Heat stress should be minimized.

    (iii) The temperature at which the test is performed should be 

maintained at 22  2 [deg]C. The relative humidity 

should be maintained between 40 and 60%, but in certain instances (e.g., 

use of water vehicle) this may not be practicable.

    (9) Physical measurements. Measurements or monitoring shall be made 

of the following:

    (i) The rate of airflow shall be monitored continuously but recorded 

at least three times during the exposure.

    (ii) The actual concentrations of the test substance shall be 

measured in the animal's breathing zone. During the exposure period, the 

actual concentrations of the test substance shall be held as constant as 

practicable and monitored continuously or intermittently depending on 

the method of analysis. Chamber concentration may be measured using 

gravimetric or analytical methods as appropriate. If trial run 

measurements are reasonably consistent  10% for 

liquid, aerosol, gas, or vapor;  20% for dry 

aerosol), then two measurements should be sufficient. If measurements 

are not consistent, three to four measurements should be taken. Whenever 

the test substance is a formulation, or it is necessary to formulate the 

test substance with a vehicle for aerosol generation, the analytical 

concentration must be reported for the total formulation, and not just 

for the active ingredient (AI). If, for example, a formulation contains 

10% AI and 90% inerts, a chamber analytical limit concentration of 2 mg/

L would consist



[[Page 363]]



of 0.2 mg/L of the AI. It is not necessary to analyze inert ingredients 

provided the mixture at the animal's breathing zone is analogous to the 

formulation; the grounds for this conclusion must be provided in the 

study report. If there is some difficulty in measuring chamber 

analytical concentration due to precipitation, nonhomogeneous mixtures, 

volatile components, or other factors, additional analyses of inert 

components may be necessary.

    (iii) During the development of the generating system, particle size 

analysis shall be performed to establish the stability of aerosol 

concentrations with respect to particle size. The MMAD particle size 

range should be between 1-3 [micro]m. The particle size of hygroscopic 

materials should be small enough when dry to assure that the size of the 

swollen particle will still be within the 1-3 [micro]m range. 

Measurements of aerodynamic particle size in the animal's breathing zone 

should be measured during a trial run. If MMAD valves for each exposure 

level are within 10% of each other, then two measurements during the 

exposures should be sufficient. If pretest measurements are not within 

10% of each other, three to four measurements should be taken.

    (iv) Temperature and humidity shall be monitored continuously and 

recorded at least three times during an exposure.

    (10) Feed and water during exposure period. Feed shall be withheld 

during exposure. Water may also be withheld during exposure.

    (11) Observation of animals. (i) During and following exposure, 

observations are made and recorded systematically; individual records 

should be maintained for each animal. It is not always possible to 

observe animals during exposure in a whole-body chamber.

    (ii) Observations shall be made at least once each day for morbidity 

and mortality. Appropriate actions should be taken to minimize loss of 

animals to the study (e.g., Necropsy or refrigeration of those animals 

found dead and isolation or sacrifice of weak or moribund animals).

    (iii) A careful clinical examination shall be made at least once 

weekly. Observations should be detailed and carefully recorded, 

preferably using explicitly defined scales. Observations should include, 

but not be limited to, evaluation of skin and fur, eyes and mucous 

membranes, respiratory and circulatory effects, autonomic effects such 

as salivation, central nervous system effects, including tremors and 

convulsions, changes in the level of activity, gait and posture, 

reactivity to handling or sensory stimuli, altered strength, and 

stereotypes or bizarre behavior (e.g., self-mutilation, walking 

backwards).

    (iv) Signs of toxicity should be recorded as they are observed 

including the time of onset, degree and duration.

    (v) Individual weights of animals shall be determined shortly before 

the test substance is administered, and weekly thereafter.

    (vi) Food consumption shall also be determined weekly if abnormal 

body weight changes are observed.

    (vii) Moribund animals should be removed and sacrificed when noticed 

and the time of death should be recorded as precisely as possible.

    (viii) At termination, all survivors in the treatment groups shall 

be sacrificed.

    (12) Clinical pathology. Hematology and clinical chemistry 

examinations shall be made on all animals, including controls, of each 

sex in each group. The hematology and clinical chemistry parameters 

should be examined at terminal sacrifice at the end of the study. 

Overnight fasting of the animals prior to blood sampling is recommended. 

Overall, there is a need for a flexible approach in the measures 

examined, depending on the observed or expected effects from a chemical, 

and in the frequency of measures, depending on the duration of potential 

chemical exposures.

    (i) Hematology. The recommended parameters are red blood cell count, 

hemoglobin concentration, hematocrit, mean corpuscular volume, mean 

corpuscular hemoglobin, and mean corpuscular hemoglobin concentration, 

white blood cell count, differential leukocyte count, platelet count, 

and a measure of clotting potential, such as prothrombin time or 

activated partial thromboplastin time.



[[Page 364]]



    (ii) Clinical chemistry. (A) Parameters which are considered 

appropriate to all studies are electrolyte balance, carbohydrate 

metabolism, and liver and kidney function. The selection of specific 

tests will be influenced by observations on the mode of action of the 

substance and signs of clinical toxicity.

    (B) The recommended clinical chemistry determinations are potassium, 

sodium, glucose, total cholesterol, urea nitrogen, creatinine, total 

protein and albumin. More than 2 hepatic enzymes, (such as alanine 

aminotransferase, aspartate aminotransferase, alkaline phosphatase, 

sorbitol dehydrogenase, or gamma glutamyl transpeptidase) should also be 

measured. Measurements of addtional enzymes (of hepatic or other origin) 

and bile acids, may also be useful.

    (C) If a test chemical has an effect on the hematopoietic system, 

reticulocyte counts and bone marrow cytology may be indicated.

    (D) Other determinations that should be carried out if the test 

chemical is known or suspected of affecting related measures include 

calcium, phosphorus, fasting triglycerides, hormones, methemoglobin, and 

cholinesterases.

    (iii) Optionally, the following urinalysis determinations could be 

performed during the last week of the study using timed urine volume 

collection: appearance, volume, osmolality or specific gravity, pH, 

protein, glucose, and blood/blood cells.

    (13) Ophthalmological examination. Ophthalmological examinations 

shall be made on all animals prior to the administration of the test 

substance and on all high concentration and control groups at 

termination. If changes in the eyes are detected, all animals in the 

other concentration groups shall be examined.

    (14) Gross pathology. (i) All animals shall be subjected to a full 

gross necropsy which includes examination of the external surface of the 

body, all orifices and the cranial, thoracic, and abdominal cavities and 

their contents.

    (ii) At least the liver, kidneys, brain, and gonads shall be trimmed 

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

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

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

histopathological examination:

    (A) Digestive system.

    (1) Salivary glands.

    (2) Esophagus.

    (3) Stomach.

    (4) Duodenum.

    (5) Jejunum.

    (6) Ileum.

    (7) Cecum.

    (8) Colon.

    (9) Rectum.

    (10) Liver.

    (11) Pancreas.

    (12) Gallbladder (dogs).

    (B) Nervous system.

    (1) Brain (multiple sections).

    (2) Pituitary.

    (3) Peripheral nerve(s).

    (4) Spinal cord (three levels).

    (5) Eyes (retina, optic nerve).

    (C) Glandular system.

    (1) Adrenals.

    (2) Parathyroids.

    (3) Thyroids.

    (D) Respiratory system.

    (1) Trachea.

    (2) Lung.

    (3) Pharynx.

    (4) Larynx.

    (5) Nose.

    (E) Cardiovascular/hematopoietic system.

    (1) Aorta (thoracic).

    (2) Heart.

    (3) Bone marrow.

    (4) Lymph nodes.

    (5) Spleen.

    (6) Thymus.

    (F) Urogenital system.

    (1) Kidneys.

    (2) Urinary bladder.

    (3) Prostate.

    (4) Testes.

    (5) Epididymides.

    (6) Seminal vesicle(s).

    (7) Uterus.

    (8) Ovaries.

    (G) Other.

    (1) Lacrimal gland.

    (2) Mammary gland.

    (3) Skin.

    (4) Skeletal muscle.

    (5) All gross lesions and masses.

    (6) Sternum and/or femur.

    (15) Histopathology. (i) The following histopathology shall be 

performed:



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    (A) Full histopathology on the respiratory tract and other organs 

and tissues, listed under paragraph (e)(15)(iii) of this section, of all 

animals in the control and high exposure groups and all animals that 

died or were killed during the study.

    (B) All gross lesions in all animals.

    (C) Target organs in all animals.

    (D) Lungs of all animals. Special attention to examination of the 

respiratory tract should be made for evidence of infection as this 

provides a convenient assessment of the state of health of the animals.

    (E) When a satellite group is used, histopathology shall be 

performed on tissues and organs identified as showing effects in the 

treated groups.

    (ii) If excessive early deaths or other problems occur in the high 

exposure group compromising the significance of the data, the next 

concentration should be examined for complete histopathology.

    (iii) An attempt should be made to correlate gross observations with 

microscopic findings.

    (iv) Tissues and organs designated for microscopic examination 

should be fixed in 10% buffered formalin or a recognized suitable 

fixative as soon as necropsy is performed and no less than 48 hrs prior 

to trimming. Tissues should be trimmed to a maximum thickness of 0.4 cm 

for processing.

    (f) Data and reporting--(1) Treatment of results. (i) Data shall be 

summarized in tabular form, showing for each test group the number of 

animals at the start of the test, the number of animals showing lesions, 

the types of lesions, and the percentage of animals displaying each type 

of lesion.

    (ii) All observed results (quantitative and qualitative) should be 

evaluated by an appropriate statistical method. Any generally accepted 

statistical method may be used; the statistical methods including 

significance criteria should be selected during the design of the study.

    (2) Evaluation of study results. The findings of the subchronic 

inhalation toxicity study should be evaluated in conjunction with the 

findings of preceding studies and considered in terms of the observed 

toxic effects and the necropsy and histopathological findings. The 

evaluation will include the relationship between the concentration of 

the test substance and duration of exposure, and the presence or 

absence, the incidence and severity, of abnormalities, including 

behavioral and clinical abnormalities, gross lesions, identified target 

organs, body weight changes, effects on mortality and any other general 

or specific toxic effects. A properly conducted subchronic test should 

provide a satisfactory estimation of a no-effect level. It also can 

indicate the need for an additional longer-term study and provide 

information on the selection of concentrations.

    (3) Test report. In addition to reporting requirements specified 

under 40 CFR part 792, subpart J, the following specific information 

shall be reported. Both individual and summary data should be presented.

    (i) Test substance characterization shall include:

    (A) Chemical identification.

    (B) Lot or batch number.

    (C) Physical properties.

    (D) Purity/impurities.

    (E) Identification and composition of any vehicle used.

    (ii) Test system information shall include:

    (A) Species and strain of animals used and rationale for selection 

if other than that recommended.

    (B) Age, sex, and body weight.

    (C) Test environment including cage conditions, ambient temperature, 

humidity, and light/dark periods.

    (D) Identification of animal diet.

    (E) Acclimation period.

    (iii) Test procedure information shall include:

    (A) Method of randomization used.

    (B) Full description of experimental design and procedure.

    (C) Exposure regimen including concentration levels, methods, and 

volume.

    (D) Description of test conditions; the following exposure 

conditions shall be reported:

    (1) Description of exposure apparatus including design, type, 

volume, source of air, system for generating aerosols, method of 

conditioning air, treatment of exhaust air and the method of housing the 

animals in a test chamber.



[[Page 366]]



    (2) The equipment for measuring temperature, humidity, and 

particulate aerosol concentrations and size should be described.

    (E) Exposure data shall be tabulated and presented with mean values 

and a measure of variability (e.g., standard deviation) and include:

    (1) Airflow rates through the inhalation equipment.

    (2) Temperature and humidity of air.

    (3) Actual (analytical or gravimetric) concentration in the 

breathing zone.

    (4) Nominal concentration (total amount of test substance fed into 

the inhalation equipment divided by volume of air).

    (5) Particle size distribution, calculated mass median aerodynamic 

diameter (MMAD) and geometric standard deviation (GSD).

    (6) Explanation as to why the desired chamber concentration and/or 

particle size could not be achieved (if applicable) and the efforts 

taken to comply with this aspect of the section.

    (iv) Test results information shall include:

    (A) Group animal data. Tabulation of toxic response data by species, 

strain, sex and exposure level for:

    (1) Number of animals exposed.

    (2) Number of animals showing signs of toxicity.

    (3) Number of animals dying.

    (B) Individual animal data. Data should be presented as summary 

(group mean) as well as for individual animals.

    (1) Time of death during the study or whether animals survived to 

termination.

    (2) Time of observation of each abnormal sign and its subsequent 

course.

    (3) Body weight data.

    (4) Feed consumption data, when collected.

    (5) Results of ophthalmological examination, when performed.

    (6) Results of hematological tests performed. .

    (7) Results of clinical chemistry tests performed.

    (8) Results of urinalysis tests performed.

    (9) Necropsy findings, including absolute and relative organ weight 

data.

    (10) Detailed description of all histopathological findings.

    (11) Statistical treatment of results, where appropriate.

    (g) Quality control. A system shall be developed and maintained to 

assure and document adequate performance of laboratory staff and 

equipment. The study shall be conducted in compliance with 40 CFR part 

792--Good Laboratory Practice Standards.

    (h) References. For additional background information on this test 

guideline, the following references should be consulted. These 

references are available for inspection at the TSCA Nonconfidential 

Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 

St., SW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 

except legal holidays.

    (1) Cage, J.C. Ed. Paget, G.E. Experimental Inhalation Toxicology, 

Methods in Toxicology. (F.A. Davis Co., Philadelphia, PA, 1970) pp. 258-

277.

    (2) Casarett, L.J. and Doull. Chapter 9. Toxicology: The Basic 

Science of Poisons (New York: Macmillan Publishing Co., Inc., 1975).

    (3) U.S. Environmental Protection Agency, Office of Pesticide 

Programs, Health Effects Division. Interim policy for particle size and 

limit concentration issues in inhalation toxicity studies (February 1, 

1994).

    (4) MacFarland, H.N. Ed. Hayes, W.J. Vol. 7. Respiratory Toxicology, 

Essays in Toxicology. (Academic Press, New York, NY, 1976) pp. 121-154.

    (5) Organisation for Economic Co-operation and Development. 

Guidelines for testing of chemicals, section 4-health effects, part 413. 

Subchronic Inhalation Toxicity Studies (Paris, 1981).



[62 FR 43824, Aug. 15, 1997, as amended at 64 FR 35077, June 30, 1999]