# 40 C.F.R. § 725.234 (2026): Activities conducted inside a structure > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_234 ## Section - **Citation:** 40 C.F.R. § 725.234 (2026) - **Heading:** Activities conducted inside a structure - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 40 CFR: Protection of Environment / Chapter I / Part 725 / Subpart E / § 725.234: § 725.234 Activities conducted inside a structure. ## Text A person who manufactures, imports, or processes a microorganism is not subject to the reporting requirements under subpart D of this part if all of the following conditions are met: (a) The microorganism is manufactured, imported, or processed solely for research and development activities. (b) The microorganism is used by, or directly under the supervision of, a technically qualified individual, as defined in § 725.3. The technically qualified individual must maintain documentation of the procedures selected to comply with paragraph (d) of this section and must ensure that the procedures are used. (c) There is no intentional testing of a microorganism outside of a structure, as structure is defined in § 725.3. (d) Containment and/or inactivation controls. (1) Selection and use of containment and/or inactivation controls inside a structure for a particular microorganism shall take into account the following: (i) Factors relevant to the organism's ability to survive in the environment. (ii) Potential routes of release in air, solids and liquids; in or on waste materials and equipment; in or on people, including maintenance and custodial personnel; and in or on other organisms, such as insects and rodents. (iii) Procedures for transfer of materials between facilities. (2) The technically qualified individual's selection of containment and/or inactivation controls shall be approved and certified by an authorized official (other than the TQI) of the institution that is conducting the test prior to the commencement of the test. (3) Records shall be developed and maintained describing the selection and use of containment and/or inactivation controls, as specified in § 725.235(c). These records, which must be maintained at the location where the research and development activity is being conducted, shall be submitted to EPA upon written request and within the time frame specified in EPA's request commencement of the test. (3) Records shall be developed and maintained describing the selection and use of containment and/or inactivation controls, as specified in § 725.235(c). These records, which must be maintained at the location where the research and development activity is being conducted, shall be submitted to EPA upon written request and within the time frame specified in EPA's request. (4) Subsequent to EPA review of records in accordance with paragraph (d)(3) of this section, changes to the containment/inactivation controls selected under paragraph (d)(1) of this section must be made upon EPA order. Failure to comply with EPA's order shall result in automatic loss of eligibility for an exemption under this section. (e) The manufacturer, importer, or processor notifies all persons in its employ or to whom it directly distributes the microorganism, who are engaged in experimentation, research, or analysis on the microorganism, including the manufacture, processing, use, transport, storage, and disposal of the microorganism associated with research and development activities, of any risk to health, identified under § 725.235(a), which may be associated with the microorganism. The notification must be made in accordance with § 725.235(b). ## Nearby sections - [40 C.F.R. § 725.200 (2026) § 725.200 Scope and purpose.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_200.md) - [40 C.F.R. § 725.205 (2026) § 725.205 Persons who may report under this subpart.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_205.md) - [40 C.F.R. § 725.232 (2026) § 725.232 Activities subject to the jurisdiction of other Federal programs or agencies.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_232.md) - [40 C.F.R. § 725.234 (2026) § 725.234 Activities conducted inside a structure.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_234.md) - [40 C.F.R. § 725.235 (2026) § 725.235 Conditions of exemption for activities conducted inside a structure.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_235.md) - [40 C.F.R. § 725.238 (2026) § 725.238 Activities conducted outside a structure.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_238.md) - [40 C.F.R. § 725.239 (2026) § 725.239 Use of specific microorganisms in activities conducted outside a structure.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_239.md) - [40 C.F.R. § 725.250 (2026) § 725.250 Procedural requirements for the TERA.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_250.md) - [40 C.F.R. § 725.255 (2026) § 725.255 Information to be included in the TERA.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_255.md) - [40 C.F.R. § 725.260 (2026) § 725.260 Submission of health and environmental effects data.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_260.md) - [40 C.F.R. § 725.270 (2026) § 725.270 EPA review of the TERA.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_270.md) - [40 C.F.R. § 725.288 (2026) § 725.288 Revocation or modification of TERA approval.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_288.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T40_P725_S725_234. Check the current official text before relying on it. Not legal advice.