166 • Alternatives to Animal Use in Research, Testing, and Education 
problems. Although States generally rely on EPA’s 
assessment of data for registration purposes , they 
regularly review it for emergency exemptions and 
special local needs (22). 
California and Florida have the largest pesticide 
programs. These States also have the authority to 
require additional testing (e.g., field testing locally). 
In addition, California also recently passed a law 
giving its Director of Food and Agriculture the au- 
thority to require data for which EPA has granted 
a waiver or exemption (e.g., experimental-use per- 
mits). California law also requires that data gaps 
for 200 pesticides be filled and that the first re- 
port of an injury to a worker exposed to a pesti- 
cide be reported to the Health Department (Cali- 
fornia Food and Agriculture Code, Div. 7, ch. 2). 
Identification and Classification of 
Toxic Substances 
Identification and classification of substances is 
an important function in most environmental laws . 
Such activities take place under each Federal envi- 
ronmental statute. Coordination among offices in 
EPA or with other agencies is common. State agen- 
cies also coordinate these activities with their Fed- 
eral counterparts. 
Sometimes, Federal law or regulations are sim- 
ply adopted by a State and recodified. For exam- 
ple, certain provisions of the New York and Florida 
regulations governing hazardous wastes incor- 
porate, by reference, EPA regulations appearing 
at 40 CFR 261 and its Appendices (New York Com- 
pilation of Rules and Regulations, Title 6, ch. 366). 
These regulations list hazardous waste and their 
constituents, provide analytical procedures to de- 
termine the composition of a waste so that it can 
be classified, and provide for variances from these 
regulations that may be granted by EPA’s Admin- 
istrator. Much more common are statutes that in- 
corporate Federal laws and regulations and that 
add other requirements or combine Federal re- 
quirements in new ways. 
The Wisconsin Pollution Discharge Elimination 
Law (Wisconsin Statutes Annotated, ch. 147) 
adopts EPA effluent limitations, effluent standards, 
and prohibitions. In addition to substances already 
regulated by EPA, Wisconsin effluent limitations 
apply to all toxic pollutants "referred to in table 
1 of committee print number 95-30 of the Commit- 
tee on Public Works and Transportation of the U.S. 
House of Representatives.” Additional pollutants 
are to be identified under Section 147.07 of the 
Wisconsin law. 
The Colorado Hazardous Waste Management 
Regulations (Code of Colorado Regulations, Title 
5, ch. 1007) adopt EPA toxicity provisions of 40 
CFR 261 but include "any other substance which 
has been found to be fatal to humans at low doses, 
or in the absence of human data, has an oral LD S0 
in the rat of 50 mg/kg or less, an inhalation LC S0 
Gethal concentration) in the rat of 2 mg/1 or less, 
or a dermal LD S0 in the rabbit of 200 mg/kg or less .” 
The Texas Water Quality Acts (Texas Water 
Code, Title 2, chs. 5, 26, 30, 313) use several Fed- 
eral laws to classify a substance as hazardous: 
CERCLA; the Water Pollution Control Act; the Solid 
Waste Disposal Act; the Clean Air Act; and TSCA. 
If it is hazardous under any one of these laws, it 
is hazardous for purposes of Texas law. 
Under Oregon Hazardous Waste Management 
Regulations (Oregon Administrative Rules, ch. 340, 
div. 62, 63), a substance is considered toxic if it 
is a pesticide or pesticide manufacturing residue 
and has one of the following properties: 
• oral toxicity in a 14-day test with an LD 50 less 
than 500 mg/kg, 
• inhalation toxicity over 1 hour with an LC S0 
less than 2 mg/1 gas or 200 mg/m 3 dust or mist, 
• dermal toxicity over 14 days with an LD S0 less 
than 200 mg/kg, or 
• aquatic toxicity over 96 hours at an LC S0 less 
than 250 mg/1. 
It would also be considered toxic if it contains a car- 
cinogen identified by OSHA at 29 CFR 1910.93(c). 
Washington Dangerous Waste Regulations (Wash- 
ington Administrative Code, Title 173, ch. 303) re- 
quire the polluter to use EPA toxicity information, 
EPA’s Spill Table, NIOSH’s Registry of Toxic Effects 
of Chemicals (see ch. 10), and any other reason- 
ably available sources to determine if a pollutant 
is toxic. Carcinogens are identified by an Interna- 
tional Agency for Research on Cancer finding that 
a substance is a positive or suspected human or 
animal carcinogen. Additional criteria are provided 
