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FDA Environmental Assessments and Categorical Exclusions Under 21 CFR Part 25 for Drug and Biologic Applications

Chetan Mishra
Chetan Mishra
Nov 1, 2026

Every NDA, ANDA, BLA, supplement and IND must address the National Environmental Policy Act, either by claiming a categorical exclusion or by submitting an environmental assessment. The claim is often treated as boilerplate. But a missing or unsupported claim can delay an application, and FDA's view of when extraordinary circumstances apply has grown sharper for potent compounds and live or genetically modified biologics.

The analysis below covers the categorical exclusions in 21 CFR 25.31 that apply to drugs and biologics and the extraordinary-circumstances provision in 25.21 that can override them. It also reviews precedent from FDA approval records and CBER product reviews to show which products and actions have led FDA to require a full environmental assessment and a finding of no significant impact.

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FDA environmental assessments and categorical exclusions under 21 CFR Part 25: how they apply to drug and biologic applications

Key takeaways

  • Every NDA, ANDA, BLA, supplement and IND must contain either a claim of categorical exclusion or an environmental assessment (EA). This requirement appears in Part 25 and in the application regulations themselves 122361431109.
  • Most drug and biologic actions are excluded under 21 CFR 25.31. The main routes are no increased use of the active moiety (25.31(a)), an expected introduction concentration (EIC) below 1 part per billion at entry into the aquatic environment (25.31(b)), naturally occurring substances (25.31(c)), and IND actions (25.31(e)) 257258259260.
  • A categorical exclusion does not apply when extraordinary circumstances exist under 25.21. FDA then requires at least an EA 256.
  • For drugs, the clearest recent example is the Opill (norgestrel) OTC switch. FDA found the categorical-exclusion claim met the exclusion's definition but still required an EA because of potential harm to aquatic organisms below 1 ppb. It then issued a FONSI with precautionary mitigations 237425238.
  • For biologics, CBER has routinely required full EAs for live or genetically modified products, including oncolytic viruses, AAV gene therapies and live vaccines. Products composed of genetically modified human cells, and naturally occurring proteins and vaccines, have generally been excluded 283032257978321.

The legal framework

Who must submit what

Under 21 CFR 25.15, every application or petition that asks FDA to act must include either an EA or a claim of categorical exclusion 122. A claim must cite the specific exclusion and state that, to the applicant's knowledge, no extraordinary circumstances exist. If those conditions are met, no EA is needed 244.

Section 25.20(l) lists the drug and biologic actions that normally require at least an EA: "Approval of NDA's, abbreviated applications, applications for marketing approval of a biologic product, supplements to such applications, and actions on IND's, unless categorically excluded in § 25.31 (a), (b), (c), (e), or (l)" 357.

The product-specific regulations restate the obligation:

ApplicationProvisionRequirement
NDA21 CFR 314.50(d)(1)(iii), "Environmental impact"The NDA must contain either a claim for categorical exclusion under § 25.30 or 25.31 or an EA under § 25.40 361
NDA/ANDA filing21 CFR 314.101Lists failure to submit a complete EA under the § 25.40 format, or failure to establish a categorical exclusion under § 25.30 or 25.31, as a deficiency 362
BLA21 CFR 601.2(a)"The applicant shall also include either a claim for categorical exclusion under § 25.30 or § 25.31 of this chapter or an environmental assessment under § 25.40 of this chapter" 431
IND21 CFR 312.23The IND must include a claim of categorical exclusion under § 25.30 or § 25.31, or an EA under § 25.40 109

Failure to submit an adequate EA for an action listed in § 25.20 is sufficient grounds for FDA to refuse to file or refuse to approve the application, unless FDA can determine that a categorical exclusion applies. Part 25 distinguishes an EA that is adequate for filing from one that is adequate for approval 122.

The human drug and biologic categorical exclusions (21 CFR 25.31)

ParagraphAction excluded
25.31(a)Drug, biologic, supplement or OTC monograph actions that do not increase use of the active moiety 257
25.31(b)Drug, supplement or OTC monograph actions that do increase use, if the estimated concentration at the point of entry into the aquatic environment is below 1 ppb 258
25.31(c)Drug, biologic, supplement or OTC monograph actions for substances that occur naturally in the environment, if the action does not significantly alter the concentration or distribution of the substance, its metabolites or degradation products 259
25.31(d) to (f)Withdrawal of approval of an NDA or abbreviated application; action on an IND; FDA testing and release of licensed biologic lots 260
25.31(g) to (j)Bioequivalence requirements and biologic comparability determinations; biologic product standards; revocation of a biologic license; marketing approval of transfusable blood, blood components and plasma 261

Section 25.30 also lists general exclusions. Most cover agency activities, such as inspections, recall requests, guidance and procedural regulations, CGMP and GLP regulations, and certain labeling actions that do not change existing use levels 399406408409.

The 1 ppb exclusion in 25.31(b) applies to NDAs, abbreviated applications and supplements. FDA's 1998 guidance states that it does not apply to BLAs 297. Biologics therefore rely mainly on 25.31(a), (c) and (e).

How to claim a categorical exclusion

FDA's final guidance Environmental Assessment of Human Drug and Biologics Applications (July 1998) is still the core CDER and CBER reference 268291. A claim has three parts: a statement that the action qualifies, a citation to the specific exclusion, and a statement that the applicant knows of no extraordinary circumstances. Supporting data are ordinarily not needed, but CDER or CBER may request information to verify eligibility 292.

Calculating the EIC for a 25.31(b) claim

The guidance gives the aquatic EIC as 375:

EIC-Aquatic (ppb) = A × B × C × D

  • A = kg/year produced for direct use, expressed as active moiety
  • B = 1/(liters per day entering publicly owned treatment works), using 1.214 × 10^11 L/day
  • C = year/365 days
  • D = 10^9 µg/kg

The calculation assumes that all drug product produced in a year is used and enters treatment works. It also assumes that use is spread across the United States in proportion to population and wastewater generation, and that no metabolism occurs 376. Calculations should use the active moiety, not the salt or complex. Metabolism data may be used to weight less active or inactive metabolites by their amount and relative activity. A metabolite of unknown activity is assumed to be as active as the parent. Alternative calculations, for example for geographically localized use, are allowed if justified 294.

How reviewers evaluate claims in practice

In CDER reviews, the product quality reviewer checks the claim against the cited paragraph:

  • 25.31(a), no increase in use. For BENDEKA, the reviewer found the NDA would not increase use, noted the no-extraordinary-circumstances statement, and accepted the claim 171172. QBRELIS was accepted on the same rationale 173174.
  • 25.31(b), EIC below 1 ppb. ALECENSA's exclusion was granted on an estimated aquatic entry concentration below 1 ppb. The reviewer also noted no extraordinary circumstances and no wild-sourced plant or animal material 175176. For VYZULTA, the applicant at first left out the no-extraordinary-circumstances statement. The claim was accepted only after it was added 177178.
  • 25.31(c), naturally occurring substances. Therapeutic proteins such as HERCEPTIN and TEZSPIRE were accepted under 25.31(c) because approval was not expected to significantly change environmental concentrations 179180.

CBER applies the same discipline. It checks that the applicant cites a specific paragraph, supports the criteria and addresses extraordinary circumstances, and it asks for corrections when a claim is incomplete 5076:

ProductParagraphReviewer outcome
Berinert25.31(c)Accepted; criteria met and no extraordinary circumstances 77
GARDASIL 925.31(c)Accepted; naturally occurring product with no significant change in environmental concentration 78
KYMRIAH25.31(c)Accepted; cells survive poorly outside controlled conditions and potential release of the lentiviral construct was negligible 79
JIVI25.31(a)Rationale accepted after the applicant added the required no-extraordinary-circumstances statement 5081
DENGVAXIA25.31(c) (corrected from 25.31(a))Accepted after correction 82
Imugen Babesia microti AFIA25.31(c) (corrected from 25.34(d))First found insufficient, then accepted with added justification 80

The common deficiencies are procedural: citing the wrong paragraph, or leaving out the no-extraordinary-circumstances statement.

Extraordinary circumstances: when an exclusion fails

Under 21 CFR 25.21, FDA requires at least an EA for an ordinarily excluded action if extraordinary circumstances indicate the action may significantly affect the human environment. The regulation gives two examples 256:

  • 25.21(a): data showing potential for serious harm to the environment at the expected level of exposure
  • 25.21(b): adverse effects on endangered, threatened or otherwise federally protected species or critical habitat

The 1998 guidance adds that environmental harm includes effects beyond toxicity to organisms. It also covers potentially harmful emissions not adequately addressed by other requirements, and actions that threaten a violation of environmental protection requirements 295296.

Endocrine-active drugs

FDA's March 2016 guidance Environmental Assessment: Questions and Answers Regarding Drugs With Estrogenic, Androgenic, or Thyroid Activity addresses the main known gap in the 1 ppb threshold 345. Research shows these drugs may cause developmental or reproductive effects in aquatic organisms below 1 ppb. A low EIC therefore does not rule out extraordinary circumstances. FDA reviews these claims case by case, may request more information, and requires an EA if it finds extraordinary circumstances. Sponsors should consult FDA early in development 348.

When FDA has required a full environmental assessment

Opill (norgestrel) OTC switch: the leading drug example

For NDA 017031 Supplement 041 (decision date July 13, 2023 188), FDA found that the applicant's categorical-exclusion claim met the exclusion's definition. However, the data available at the time showed potential for serious environmental harm at the expected exposure level. This is an extraordinary circumstance under 25.21(a), so an EA was required 237. The concern was that biologically active levonorgestrel could cause developmental or reproductive effects in aquatic organisms even below 1 ppb 425.

The EA found that the aquatic environment was the main receiving compartment and that fish life-cycle testing gave the most sensitive endpoint. Modeled risk quotients were at or below 1 for median concentrations under both flow scenarios and for the 90th percentile under mean flow. They exceeded 1 at the 90th percentile under low flow and at higher percentiles 426. Terrestrial risk was not a concern, and risk to predators was negligible 427.

FDA's FONSI adopted "selected precautionary mitigations." It concluded that some adverse impacts were possible but that approval was not expected to have a significant environmental impact, so no environmental impact statement would be prepared 238239. Opill is a useful precedent: it is a recent CDER case in which a 25.31(b)-type claim was overridden by 25.21(a) and resolved through an EA with mitigation.

Other NDAs with full EAs and FONSIs

Drugs@FDA review packages include EAs and FONSIs for a range of small molecules. In most cases the published excerpts do not state the specific trigger.

ProductApplicationWhat the record shows
VantinNDAs 50-674 / 50-675FONSI for the original NDAs' EA; a later supplement used a categorical-exclusion claim 214215216
PropulsidNDA 20-210EA covering manufacture and use; FONSI, no EIS 217219
Tilade Nebulizer SolutionNDA 20-750EA covering manufacture, use and disposal; FONSI 220221
AvaproNDA 20-757EA qualified for a "Tier 0" approach; FONSI 223224
InvokametNDA 204-353EA on use and disposal; FONSI 226227
BiktarvyNDA 210251EA for the emtricitabine component; bictegravir and tenofovir alafenamide were categorically excluded; FONSI 229230
OrilissaNDA 210450EA on use and disposal; FONSI 232233
Welchol Chewable BarNDA 210895EA assessing aquatic and terrestrial exposure and risk; FONSI 234235

The Biktarvy record shows that FDA evaluates each active moiety in a fixed-dose combination separately. One component can require an EA while the others are excluded 229.

Gene therapies, vectored vaccines and live biologics

FDA's March 2015 guidance Determining the Need for and Content of Environmental Assessments for Gene Therapies, Vectored Vaccines, and Related Recombinant Viral or Microbial Products sets out the framework for these products (GTVVs) 318319:

  • INDs are ordinarily excluded under 25.31(e). The sponsor must still claim the exclusion and state that it knows of no extraordinary circumstances 384385.
  • BLAs may qualify under 25.31(c) if the product occurs naturally in the environment and approval does not significantly change its environmental concentration or distribution, or under 25.31(a) if use of the active moiety does not increase 386387.
  • Products FDA generally considers naturally occurring include GTVVs with functional protein-coding sequences from species within a single genus (including qualifying same-genus reassortants), GTVVs that differ from wild type only by attenuating point mutations or deletions, killed or inactivated GTVVs shown to be unable to replicate, and genetically modified human cells 389390321.
  • Products FDA does not consider naturally occurring include GTVVs engineered to express a functional protein-coding sequence from a different genus. Applications for these should include an EA. FDA's examples are a plasmid vaccine expressing a viral envelope protein and a viral vector expressing a human enzyme 391392.
  • EA content for these products should address susceptible organisms, potential disease or injury, and genetic instability (for example, replication-competent adenovirus formed by recombination) 323. Where biologically active product could be released, it should also address the likelihood of infection, persistence or colonization, considering tropism, host range and selection pressures 324.

CBER review records show this framework applied to licensed products:

ProductApplicationKey environmental findings
IMLYGIC (talimogene laherparepvec)STN 125518CBER asked for a revised EA quantifying environmental release and addressing stability, reactivation, latency and recombination. Shedding data informed the release estimate, environmental studies showed rapid viral inactivation, and a FONSI was prepared 28
VAXCHORA (cholera vaccine, live, oral)BLA 125597Minimal expected environmental exposure and stability; no significant impacts; FONSI prepared 25
LUXTURNA (voretigene neparvovec-rzyl)BLA 125610EA covered potential vector release, including shedding through tears, as well as AAV2 biology and waste handling. Vector cannot replicate independently; negligible effects; FONSI prepared 30
ZOLGENSMA (onasemnogene abeparvovec-xioi)BLA 125694Not eligible for categorical exclusion. EA covered vector-DNA shedding (mainly in stool) and disposal precautions; FONSI prepared 323334
TUDRIQEV (vusolimogene oderparepvec-wtpg)BLA 125827Modified HSV-1. Live virus found in under 1% of injection-site swabs and not detected outside occlusive dressings; negligible risk; FONSI prepared 36
FAYUVI (rebisufligene etisparvovec-hopf)BLA 125845Replication-incompetent AAV9-derived vector. EA covered shedding, biodistribution, possible animal transmission and disposal; FONSI prepared 39
ERVEBOBLAEA covered the genetically modified vaccine virus and shedding and transmission concerns. Potential impact negligible and EA adequate; FONSI issuance not documented in the published review 404142

The pattern is consistent. Engineered viral and bacterial vectors, whether replication-competent or not, have gone through full EAs. Shedding, biodistribution and disposal data have been central to each review. Genetically modified autologous cell products such as KYMRIAH, and naturally occurring proteins and vaccines such as GARDASIL 9, have been excluded under 25.31(c) 7978.

What a full EA involves

Content requirements (21 CFR 25.40)

An EA is a concise public document that gives FDA the evidence and analysis to decide whether to prepare an environmental impact statement (EIS) or a FONSI. It must briefly discuss the need for the proposal, the alternatives, the environmental impacts of the action and alternatives, and the agencies and persons consulted. It should focus on environmental issues from the use and disposal of the FDA-regulated article 394. If potentially adverse impacts are found, the EA must discuss any reasonable course of action that carries less environmental risk 394.

A scientifically justified tiered testing approach is acceptable, and testing may stop when results suggest no significant impact. Applicants may propose study protocols for FDA review and may incorporate information by reference 395396. FDA must ensure that any necessary mitigating measures are carried out as a condition of approval 397.

Tiered fate and effects testing (1998 guidance)

When an EA is required, it normally focuses on the environmental fate and effects of the active moiety and any structurally related substances 299. The guidance recommends microbial inhibition testing to assess possible disruption of wastewater treatment 301. Toxicity endpoints are compared with the maximum expected environmental concentration (MEEC), which is the greater of the EIC and the expected environmental concentration 302303.

  • Tier 1: acute toxicity in at least one suitable organism. A toxicity-to-MEEC ratio of at least 1,000 generally ends testing unless sublethal effects occur at the MEEC 304.
  • Tier 2: acute base-set testing, with a threshold ratio of 100 305.
  • Tier 3: chronic testing, with a threshold ratio of 10. Chronic testing is also triggered when effects are observed at the MEEC 304305.

FONSI, EIS and public disclosure

A FONSI briefly explains why an action that is not otherwise excluded will not significantly affect the human environment and why no EIS will be prepared. It includes the EA or a summary of it, and is signed by the responsible FDA officials 365366. If FDA cannot reach a FONSI, an EIS must address environmental impacts, unavoidable adverse effects, alternatives, short-term versus long-term productivity, and irreversible commitments of resources, using CEQ procedures 245246. All of the drug and biologic EAs described above ended in a FONSI, except ERVEBO, for which the published review does not document a FONSI.

EAs and FONSIs are public documents 354. Because many drug and biologic applications, and in some cases their existence, are protected from disclosure, FDA does not release environmental documents before approval unless the application's existence has already been made public 353. Applicants must put protected data in a separate confidential section and summarize it in the public EA as far as possible 356.

Practical implications for sponsors

  • Get the claim language right. Cite the specific 25.31 paragraph and include the no-extraordinary-circumstances statement. Missing statements and wrong paragraph citations are the most common reasons CDER and CBER reviewers send claims back 1775082.
  • Do not rely on the 1 ppb threshold for hormonally active drugs. The 2016 endocrine guidance and the Opill precedent show that FDA may require an EA, aquatic risk modeling and mitigation even when the EIC is below 1 ppb 348237238.
  • Assess each active moiety separately in combination products. One component may need an EA while the others are excluded, as with Biktarvy 229.
  • Plan EA-quality data early for vector-based biologics. Shedding, biodistribution, environmental stability and disposal data drive the CBER EA. CBER has asked for revised EAs when release was not quantified, as with IMLYGIC 28. Products expressing sequences from a different genus should expect to file an EA rather than a 25.31(c) claim 391.
  • Remember that BLAs cannot use the 1 ppb exclusion. Biologic sponsors must justify exclusions under 25.31(a), (c) or (e) 297386.
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