---
kind: "section"
citation: "40 C.F.R. § 725.238"
title: "40"
number: "725.238"
heading: "Activities conducted outside a structure."
url: "https://uscodex.org/cfr/40/725.238"
---

# §725.238. Activities conducted outside a structure.

- (a) **Exemption.**
  - (1) Research and development activities involving intentional testing in the environment of certain microorganisms listed in [§ 725.239](/cfr/40/725.239.md) may be conducted without prior review by EPA if all of the conditions of this section and [§ 725.239](/cfr/40/725.239.md) are met.
  - (2) The research and development activity involving a microorganism listed in [§ 725.239](/cfr/40/725.239.md) must be conducted by, or directly under the supervision of, a technically qualified individual, as defined in [§ 725.3](/cfr/40/725.3.md).
- (b) **Certification.** To be eligible for the exemption under this section, a manufacturer or importer must submit to EPA prior to initiation of the activity a document signed by an authorized official containing the following information:
  - (1) **Name, address, and telephone number of the manufacturer or importer.**
  - (2) **Location, estimated duration, and planned start date of the test.**
  - (3) **Certification of the following—**
    - (i) Compliance with the conditions of the exemption specified for the microorganism in [§ 725.239](/cfr/40/725.239.md).
    - (ii) If state and/or local authorities have been notified of the activity, evidence of notification.
- (c) **Recordkeeping.** Persons who conduct research and development activities under this section must comply with the recordkeeping requirements of [§ 725.65](/cfr/40/725.65.md) and retain documentation that supports their compliance with the requirements of this section and the specific requirements for the microorganism listed in [§ 725.239](/cfr/40/725.239.md).

## Notes

### Authority

Authority: 15 U.S.C. 2604, 2607, 2613, and 2625.

### Source

Source: 62 FR 17932, Apr. 11, 1997, unless otherwise noted.