Proposed Rule2025-10208
Pesticide Tolerances; Implementing Registration Review Decisions for Certain Pesticides; Hydrogen Cyanide, et al.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 9, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or Agency) is proposing to implement several tolerance actions under the Federal Food, Drug, and Cosmetic Act (FFDCA) that the Agency determined were necessary or appropriate during the registration review conducted under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). During registration review, EPA reviews all aspects of a pesticide case, including existing tolerances, to ensure that the pesticide continues to meet the standard for registration under FIFRA. The pesticide tolerances and active ingredients addressed in this rulemaking are identified and discussed in detail in Unit III. of this document.
Full Text
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<title>Federal Register, Volume 90 Issue 109 (Monday, June 9, 2025)</title>
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[Federal Register Volume 90, Number 109 (Monday, June 9, 2025)]
[Proposed Rules]
[Pages 24259-24266]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10208]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2024-0534; FRL-12765-01-OCSPP]
RIN 2070-ZA16
Pesticide Tolerances; Implementing Registration Review Decisions
for Certain Pesticides; Hydrogen Cyanide, et al.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
proposing to implement several tolerance actions under the Federal
Food, Drug, and Cosmetic Act (FFDCA) that the Agency determined were
necessary or appropriate during the registration review conducted under
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). During
registration review, EPA reviews all aspects of a pesticide case,
including existing tolerances, to ensure that the pesticide continues
to meet the standard for registration under FIFRA. The pesticide
tolerances and active ingredients addressed in this rulemaking are
identified and discussed in detail in Unit III. of this document.
DATES: Comments must be received on or before August 8, 2025.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2024-0534, through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Additional instructions on commenting or visiting the
docket, along with more information about dockets generally, is
available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Carolyn Smith, Pesticide Re-Evaluation
Division (7508M), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 566-2273; email address:
<a href="/cdn-cgi/l/email-protection#493a24203d21672a283b26253027092c3928672e263f"><span class="__cf_email__" data-cfemail="21524c4855490f4240534e4d584f614451400f464e57">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document might apply to
them:
<bullet> Crop production (NAICS code 111).
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> Pesticide manufacturing (NAICS code 32532).
If you have any questions regarding the applicability of this
proposed action to a particular entity, consult the person listed under
FOR FURTHER INFORMATION CONTACT.
B. What action is the Agency taking?
EPA is proposing several tolerance actions that the Agency
previously determined were necessary or appropriate during registration
review of the pesticide active ingredients identified in Unit III. The
tolerance actions for each pesticide active ingredient are described in
Unit III. and may include but are not limited to the following types of
actions:
<bullet> Revising tolerance expressions;
<bullet> Modifying commodity definitions;
<bullet> Updating crop groupings;
<bullet> Removing expired tolerances;
<bullet> Revoking tolerances that are no longer needed; and
<bullet> Harmonizing tolerances with the Codex Alimentarius
Commission (Codex) Maximum Residue Levels (MRLs).
Although it may not have been identified in the registration review
of a particular pesticide, this proposed rule reflects the Agency's
2019 adoption of the Organization of Economic Cooperation and
Development (OECD) Rounding Class Practice. More information on the
OECD Rounding Class Practice can be found at <a href="https://www.oecd.org/en/publications/mrl-calculator-users-guide-and-white-paper_9789264221567-en.html">https://www.oecd.org/en/publications/mrl-calculator-users-guide-and-white-paper_9789264221567-en.html</a>. Where applicable, these adjustments are proposed for specific
pesticides as indicated in Unit III.
C. What is EPA's authority for taking this action?
Section 408(e) of the Federal Food, Drug and Cosmetic Act (FFDCA),
21 U.S.C. 346a(e), authorizes EPA to establish, modify, or revoke
tolerances or exemptions from the requirement of a tolerance on its own
initiative.
Under FIFRA section 3(g), 7 U.S.C. 136a(g), EPA is required to
periodically review all registered pesticides and determine if those
pesticides continue to meet the standard for registration under FIFRA.
As part of the registration review of a pesticide, EPA also evaluates
the existing tolerances and any tolerance changes identified as
necessary or appropriate during registration review of a pesticide are
summarized in the registration review decision documents for each
pesticide active ingredient or registration review case (e.g., in the
Proposed Interim Decision (PID), Proposed Final Decision (PFD), Interim
Decision (ID) and Final Decision (FD)). These documents can be found in
the public docket opened for each pesticide undergoing registration
review. Additional information about pesticide registration review is
available at <a href="https://www.epa.gov/pesticide-reevaluation">https://www.epa.gov/pesticide-reevaluation</a>.
Prior to issuing the final regulation, FFDCA section 408(e)(2)
requires EPA to issue a notice of proposed rulemaking for a 60-day
public comment period, unless the Administrator for good cause finds
that it would be in the public interest to have a shorter period and
states the reasons in the proposed rulemaking.
D. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit CBI to EPA through email or
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. If you wish to include CBI in your
comment, please follow the applicable instructions at <a href="https://www.epa.gov/dockets/commenting-epa-dockets#rules">https://www.epa.gov/dockets/commenting-epa-dockets#rules</a> and clearly mark the
information that you claim to be CBI. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
E. What can I do if I want the Agency to maintain a tolerance that the
Agency proposes to revoke?
This proposed rule provides a 60-day public comment period that
allows any person to state an interest in retaining a tolerance
proposed for revocation. If EPA receives such a comment within the 60-
day period, EPA will not proceed to revoke the tolerance immediately.
However, EPA will take steps to ensure the submission of any needed
supporting data and will issue an order in the Federal Register under
FFDCA section 408(f), if needed. If the data are not submitted as
required in the order, EPA will take appropriate action under FFDCA.
[[Page 24260]]
After considering comments that are received in response to this
proposed rule, EPA will issue a final rule. At the time of the final
rule, you may file an objection or request a hearing on the action
taken in the final rule. If you fail to file an objection to the final
rule within the time period specified in the final rule, you will have
waived the right to raise any issues resolved in the final rule. After
the filing deadline specified in the final rule, issues resolved in the
final rule cannot be raised again in any subsequent proceedings.
II. Background
A. What is a tolerance?
A ``tolerance'' represents the maximum level for residues of a
pesticide chemical legally allowed in or on food, which includes raw
agricultural commodities and processed foods and feed for animals.
Under the FFDCA, residues of a pesticide chemical that are not covered
by a tolerance or exemption from the requirement of a tolerance are
considered unsafe. See 21 U.S.C. 346a(a)(1). Foods containing unsafe
residues are deemed adulterated and may not be distributed in
interstate commerce. See 21 U.S.C. 331(a) and 342(a)(2)(B).
Consequently, for a food-use pesticide (i.e., a pesticide use that is
likely to result in residues in or on food) to be sold and distributed
in the United States, the pesticide must not only have appropriate
tolerances or exemptions under the FFDCA, but also must be registered
under FIFRA. Food-use pesticides not registered in the United States
must have tolerances or exemptions in order for commodities treated
with those pesticides to be imported into the United States. For
additional information about tolerances, go to <a href="https://www.epa.gov/pesticide-tolerances/about-pesticide-tolerances">https://www.epa.gov/pesticide-tolerances/about-pesticide-tolerances</a>.
B. Why does EPA consider international residue limits?
When establishing a tolerance for residues of a pesticide, EPA must
determine whether Codex has established a MRL for that pesticide. See
21 U.S.C. 346a(b)(4). Additionally, as part the registration review of
a pesticide (see Unit II.C.), EPA determines whether Codex or other
international MRLs exist for commodities and chemicals for which U.S.
tolerances have been established. Where appropriate, EPA's intention is
to harmonize U.S. tolerances with those international MRLs to
facilitate trade. EPA's effort to harmonize with international MRLs is
summarized in the tolerance reassessment section of the individual
Human Health Draft Risk Assessments that support the pesticide
registration review.
C. What is registration review?
Under FIFRA section 3(g), 7 U.S.C. 136a(g), EPA is required to
periodically review all registered pesticides and determine if those
pesticides continue to meet the standard for registration under FIFRA.
See also 40 CFR 155.40(a). The registration review program is intended
to make sure that, as the ability to assess risk evolves and as
policies and practices change, all registered pesticides can continue
to be used without causing unreasonable adverse effects on human health
and the environment. As part of the registration review of a pesticide,
EPA also evaluates whether existing tolerances are safe, whether any
changes to existing tolerances are necessary or appropriate, and
whether any new tolerances are necessary to cover residues from
registered pesticides. In addition, any tolerance changes identified as
necessary or appropriate during registration review of a pesticide are
summarized in the registration review decision documents for each
pesticide active ingredient or registration review case (e.g., in the
Proposed Interim Decision (PID), Proposed Final Decision (PFD), Interim
Decision (ID) and Final Decision (FD)). These documents can be found in
the public docket that has been opened for each pesticide, which is
available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, using the docket ID
number listed in Unit III. for each pesticide active ingredient
included in this proposed action. Additional information about
pesticide registration review is available at <a href="https://www.epa.gov/pesticide-reevaluation">https://www.epa.gov/pesticide-reevaluation</a>.
D. EPA's Safety Assessments
FFDCA section 408(b) authorizes EPA to establish a tolerance, if
the Agency determines that a tolerance is safe; FFDCA section 408(c)
authorizes EPA to establish an exemption from the requirement of a
tolerance if the Agency determines that the exemption is safe. See 21
U.S.C. 346a(b) and (c). If EPA determines that a tolerance or exemption
is not safe, EPA must modify or revoke that tolerance or exemption. The
FFDCA defines ``safe'' to mean that ``there is a reasonable certainty
that no harm will result from aggregate exposure to the pesticide
chemical residue, including all anticipated dietary exposures and all
other exposures for which there is reliable information.'' 21 U.S.C.
346a(b)(2)(A)(ii), (c)(2)(A)(ii). This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. FFDCA section 408(b)(2)(C) requires EPA to give
special consideration to the exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue[s.]'' 21 U.S.C. 346a(b)(2)(C). In addition, FFDCA section
408(b)(2)(D) contains several factors EPA must consider when making
determinations about establishing, modifying, or revoking tolerances.
21 U.S.C. 346a(b)(2)(D). FFDCA section 408(c)(2)(B) requires that EPA,
when making determinations about exemptions, to take into account,
among other things, the considerations set forth in FFDCA section
408(b)(2)(C) and (D). 21 U.S.C. 346a(c)(2)(B).
Furthermore, when establishing tolerances or exemptions from the
requirement of a tolerance, FFDCA sections 408(b)(3) and (c)(3) require
that there be a practical method for detecting and measuring pesticide
chemical residue levels in or on food, unless in the case of
exemptions, EPA determines that such method is not needed and states
the reasons therefore in the rulemaking. 21 U.S.C. 346a(b) and (c).
Consistent with its obligations under FIFRA section 3(g), 7 U.S.C.
136a(g), and FFDCA section 408, 21 U.S.C. 346a, EPA has reviewed the
available scientific data and other relevant information on toxicity
and exposure of the individual chemicals represented in this
rulemaking. As part of registration review, the Agency has published
risk assessments detailing the risks from aggregate exposure, including
to infants and children, for each of the pesticides represented herein.
The chemical-specific toxicity and exposure analyses, which support the
safety determinations contained in Unit III., can be found in the human
health risk assessment documents and related registration review
decision documents, which are available in the public docket that has
been opened for each pesticide, as noted in Unit III.
After considering all available information, EPA has determined it
is appropriate based on the underlying safety assessments to take the
tolerance actions being proposed in this rulemaking and that adequate
enforcement methodology as described in the supporting documents is
available to enforce the tolerance expressions.
[[Page 24261]]
III. Proposed Tolerance Actions
EPA is proposing to take the specific tolerance actions identified
in this unit. All tolerance values proposed in the regulatory text of
this rule, modified or otherwise, are being proposed to reflect current
OECD rounding practices.
A. 40 CFR 180.130; Hydrogen Cyanide; Case 8002 (Docket ID No. EPA-HQ-
OPP-2010-0752)
EPA is proposing to amend the current tolerance by:
<bullet> Revising the tolerance expression in paragraph (a) for
hydrogen cyanide to describe more clearly the scope or coverage of the
tolerance and the method for measuring compliance. Consistent with EPA
policy, the revised tolerance expression would clarify that: (1) as
provided in FFDCA section 408(a)(3), the tolerance covers metabolites
and degradates of sodium cyanide not specifically mentioned; and (2)
compliance with the specified tolerance level is to be determined by
measuring only hydrogen cyanide. The revisions to the tolerance
expression would not substantively change the tolerance or, in any way,
modify the permissible level of residues permitted by the tolerance.
<bullet> Revising the commodity definition in paragraph (a) from
``Fruit, citrus'' to ``Fruit, citrus, group 10-10''. This revision will
help facilitate efficient commodity searches and does not substantively
change the tolerance or, in any way, modify the permissible level of
residues in or on the commodity listed in the regulation.
As discussed in Unit II.D., based on the supporting registration
review documents, EPA has determined that the proposed amendments to
the hydrogen cyanide tolerances would be safe, i.e., there is a
reasonable certainty that no harm will result to the general
population, or specifically to infants and children, from aggregate
exposure to hydrogen cyanide residues. Adequate enforcement methodology
is available.
B. 40 CFR 180.155; 1-Naphthaleneacetic Acid; Case 0379 (Docket ID No.
EPA-HQ-OPP-2014-0773)
EPA is proposing to amend the current tolerance by:
<bullet> Modifying the tolerance for ``Rambutan'' to reflect
current OECD rounding practices.
As discussed in Unit II.D., based on the supporting registration
review documents, EPA has determined that the proposed amendments to
the 1-naphthaleneacetic acid tolerances would be safe, i.e., there is a
reasonable certainty that no harm will result to the general
population, or specifically to infants and children, from aggregate
exposure to 1-naphthaleneacetic acid residues. Adequate enforcement
methodology is available.
C. 40 CFR 180.301; Carboxin; Case 0012 (Docket ID No. EPA-HQ-OPP-2015-
0144)
EPA is proposing to amend the current tolerance by:
<bullet> Revising the tolerance expression in paragraph (a) for
carboxin to describe more clearly the scope or coverage of the
tolerances and the method for measuring compliance. Consistent with EPA
policy, the revised tolerance expression would clarify that: (1) as
provided in FFDCA section 408(a)(3), the tolerances cover metabolites
and degradates of carboxin not specifically mentioned; and (2)
compliance with the specified tolerance levels is to be determined by
measuring the specific compounds mentioned in the tolerance expression.
The revisions to the tolerance expression would not substantively
change the tolerances or, in any way, modify the permissible level of
residues permitted by the tolerances.
<bullet> Revising the commodity definition in paragraph (a) from
``Canola, seed'' to ``Rapeseed, seed''. This revision of the commodity
definition will help facilitate efficient commodity searches and does
not substantively change the tolerance or, in any way, modify the
permissible level of residues in or on the commodity listed in the
regulation.
<bullet> Establishing new tolerances in paragraph (a) for ``Barley,
hay'' at 0.2 ppm, ``Cotton, gin byproducts'' at 3 ppm, ``Oat, hay'' at
0.2 ppm, and ``Wheat, hay'' at 0.2 ppm. The barley, hay; oat, hay; and
wheat, hay tolerances are to be established based on supervised field
trials conducted for wheat seeds with carboxin. The cotton, gin
byproducts tolerance is to be established based on the total
radioactive residue data from a cottonseed metabolism study.
As discussed in Unit II.D., based on the supporting registration
review documents, EPA has determined that the proposed amendments to
the carboxin tolerances would be safe, i.e., there is a reasonable
certainty that no harm will result to the general population, or
specifically to infants and children, from aggregate exposure to
carboxin residues. Adequate enforcement methodology is available.
D. 40 CFR 180.331; 2,4-DB; Case 0196 (Docket ID No. EPA-HQ-OPP-2013-
0661)
EPA is proposing to amend the current tolerance by:
<bullet> Revising the chemical name in the title in 40 CFR 180.331
from ``4-(2,4-dichlorophenoxy) butyric acid'' to ``2,4-DB'' to more
accurately reflect the chemical covered by the tolerances in that
section.
<bullet> Revising the tolerance expression in paragraph (a) for
2,4-DB to describe more clearly the scope or coverage of the tolerances
and the method for measuring compliance. Consistent with EPA policy,
the revised tolerance expression would clarify that: (1) as provided in
FFDCA section 408(a)(3), the tolerances cover metabolites and
degradates of 2,4-DB not specifically mentioned; and (2) compliance
with the specified tolerance levels is to be determined by measuring
the specific compounds mentioned in the tolerance expression. The
revisions to the tolerance expression would not substantively change
the tolerances or, in any way, modify the permissible level of residues
permitted by the tolerances.
<bullet> Revoking the tolerances in paragraph (a) for ``Clover,
forage''; ``Clover, hay''; ``Peppermint, tops''; and ``Spearmint,
tops''. During registration review, EPA determined that these entries
are no longer needed since these uses have been cancelled. EPA is
establishing an expiration date of December 8, 2025 for these
tolerances.
<bullet> Modifying tolerances to reflect current OECD rounding
practices.
As discussed in Unit II.D., based on the supporting registration
review documents, EPA has determined that the proposed amendments to
the 2,4-DB tolerances would be safe, i.e., there is a reasonable
certainty that no harm will result to the general population, or
specifically to infants and children, from aggregate exposure to 2,4-DB
residues. Adequate enforcement methodology is available.
E. 40 CFR 180.345; Ethofumesate; Case 2265 (Docket ID No. EPA-HQ-OPP-
2015-0406)
EPA is proposing to amend the current tolerance by:
<bullet> Revising the commodity definitions from ``Beet, garden,
tops'' to ``Beet, garden, leaves''; ``Garlic'' to ``Garlic, bulb''; and
``Grass, straw'' to ``Grass, forage, fodder and hay, group 17, straw''.
These revisions of commodity definitions will help facilitate efficient
commodity searches and do not substantively change the tolerances or,
[[Page 24262]]
in any way, modify the permissible level of residues in or on the
commodities listed in the regulation.
<bullet> Removing the tolerance for ``Beet, sugar, tops'' at 4.0
ppm. During registration review, EPA determined that this entry should
be removed, since it is no longer a significant livestock feed item or
a recognized human food. EPA is establishing an expiration date of
December 8, 2025 for these tolerances.
<bullet> Modifying tolerances to reflect current OECD rounding
practices.
<bullet> Establishing new tolerances for ``Animal feed, nongrass,
group 18'' at 1.5 ppm; ``Grain, cereal, forage, hay, stover, and straw,
group 16-22'' at 1.5 ppm; and ``Vegetable, legume, forage and hay
group, 7-22'' at 0.5 ppm. EPA is proposing to establish these
tolerances for inadvertent residues from rotational crop uptake for
these livestock feed items.
As discussed in Unit II.D., based on the supporting registration
review documents, EPA has determined that the proposed amendments to
the ethofumesate tolerances would be safe, i.e., there is a reasonable
certainty that no harm will result to the general population, or
specifically to infants and children, from aggregate exposure to
ethofumesate residues. Adequate enforcement methodology is available.
F. 40 CFR 180.401; Thiobencarb; Case 2665 (Docket ID No. EPA-HQ-OPP-
2011-0932)
EPA is proposing to amend the current tolerance by:
<bullet> Revising the tolerance expression in paragraph (a) for
thiobencarb to describe more clearly the scope or coverage of the
tolerances and the method for measuring compliance. Consistent with EPA
policy, the revised tolerance expression would clarify that: (1) as
provided in FFDCA section 408(a)(3), the tolerances cover metabolites
and degradates of thiobencarb not specifically mentioned; and (2)
compliance with the specified tolerance levels is to be determined by
measuring the specific compounds mentioned in the tolerance expression.
The revisions to the tolerance expression would not substantively
change the tolerances or, in any way, modify the permissible level of
residues permitted by the tolerances.
<bullet> Establishing new tolerances in paragraph (a) for
``Celery'', ``Endive'', ``Lettuce, head'', and ``Lettuce, leaf'' at 0.2
ppm. While there are no current registered uses in the United States
for celery, endive, or lettuce, the Agency is requiring that these
tolerances are established to ensure the commodities are covered as
import tolerances (i.e., tolerances for residues without U.S.
registrations).
<bullet> Revoking tolerances in paragraph (c) for ``Celery'',
``Endive'', and ``Lettuce'', since these tolerances are being moved to
paragraph (a). Revoking and removing paragraph (c) will prevent
redundancy in listed tolerances, as well as clarify that the import
tolerances specified are not considered to be tolerances with regional
registration, as defined in Sec. 180.1(l).
As discussed in Unit II.D., based on the supporting registration
review documents, EPA has determined that the proposed amendments to
the thiobencarb tolerances would be safe, i.e., there is a reasonable
certainty that no harm will result to the general population, or
specifically to infants and children, from aggregate exposure to
thiobencarb residues. Adequate enforcement methodology is available.
G. 40 CFR 180.491; Propylene Oxide; Case 2560 (Docket ID No. EPA-HQ-
OPP-2013-0156)
EPA is proposing to amend the current tolerance by:
<bullet> Revising the commodity definition from ``Fig'' to ``Fig,
dried''. This revision of the commodity definition will ensure the
current tolerance is not exceeded, facilitate efficient commodity
searches, and does not substantively change the tolerance or, in any
way, modify the permissible level of residues in or on the commodity
listed in the regulation.
<bullet> Updating the existing crop group tolerance for residues of
propylene oxide on ``Nut, tree, group 14'' to the updated crop group
``Nut, tree, group 14-12'' at the same level (300 ppm). Upon
establishment of the new crop group, and to prevent redundancy, the
Agency proposes to remove tolerances that would be unnecessary once
they are superseded by the tolerances established for the new crop
group, including the tolerances for ``Nut, pine''; ``Nutmeat,
processed, except peanuts''; and ``Pistachio''. Those commodities would
be covered under the updated crop grouping ``Nut, tree, group 14-12''.
This revision would ensure the current tolerance is not exceeded. 40
CFR 180.40(j) states that ``At appropriate times, EPA will amend
tolerances for crop groups that have been superseded by revised crop
groups to conform the pre-existing crop group to the revised crop
group.'' EPA has indicated in updates to its crop group rulemakings
that registration review is one of those appropriate times. See, e.g.,
Tolerance Crop Grouping Program V (85 FR 70985, November 6, 2020 (FRL-
10015-19)).
<bullet> Removing all tolerances in paragraph (a)(2) and removing
the paragraph to prevent redundancy. During registration review, EPA
determined that these entries are no longer needed since propylene
oxide residues alone are adequate for detection of propylene oxide
misuse for enforcement activities, and there are no established Codex
MRLs for propylene chlorohydrin. For regulatory clarity, and to ensure
residues of propylene oxide reaction products (including propylene
chlorohydrin and propylene bromohydrin) remain covered under the
tolerance changes being proposed, the Agency has included specific
tolerance expression language to specify the inclusion of these
reaction products.
<bullet> Modifying tolerances to reflect current OECD rounding
practices.
As discussed in Unit II.D., based on the supporting registration
review documents, EPA has determined that the proposed amendments to
the propylene oxide tolerances would be safe, i.e., there is a
reasonable certainty that no harm will result to the general
population, or specifically to infants and children, from aggregate
exposure to propylene oxide residues. Adequate enforcement methodology
is available.
H. 40 CFR 180.562; Flucarbazone-Sodium; Case 7251 (Docket ID No. EPA-
HQ-OPP-2013-0283)
EPA is proposing to amend the current tolerance by:
<bullet> Establishing new paragraphs (a)(1) and (a)(2) under
paragraph (a) for the wheat commodities in paragraph (a)(1) and the
livestock commodities in paragraph (a)(2).
<bullet> Revising the tolerance expressions for flucarbazone-sodium
to describe more clearly the scope or coverage of the tolerances and
the method for measuring compliance. Consistent with EPA policy, the
revised tolerance expressions would clarify that: (1) as provided in
FFDCA section 408(a)(3), the tolerances cover metabolites and
degradates of flucarbazone-sodium not specifically mentioned; and (2)
compliance with the specified tolerance levels is to be determined by
measuring the specific compounds mentioned in the tolerance expression.
The revisions to the tolerance expression would not substantively
change the tolerances or, in any way, modify the permissible level of
residues permitted by the tolerances.
<bullet> Modifying tolerances to reflect current OECD rounding
practices.
<bullet> Modifying the tolerance value for ``Wheat, hay'' from 0.10
to 0.2 to support the 15-day grazing/harvest interval.
As discussed in Unit II.D., based on the supporting registration
review
[[Page 24263]]
documents, EPA has determined that the proposed amendments to the
flucarbazone-sodium tolerances would be safe, i.e., there is a
reasonable certainty that no harm will result to the general
population, or specifically to infants and children, from aggregate
exposure to flucarbazone-sodium residues. Adequate enforcement
methodology is available.
IV. Proposed Effective and Expiration Date(s)
EPA is proposing that these tolerance actions would be effective on
the date of publication of the final rule in the Federal Register. For
actions in the final rule that lower or revoke existing tolerances, EPA
is proposing to add an expiration date for the existing tolerance of
180 days (approximately 6 months) after the date of publication of the
final rule in the Federal Register, to allow a reasonable interval for
producers in exporting members of the World Trade Organization's
(WTO's) Sanitary and Phytosanitary (SPS) Measures Agreement to adapt to
the requirements.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review
This action is exempt from review under Executive Order 12866 (58
FR 51735, October 4, 1993), because it proposes to establish or modify
a pesticide tolerance or a tolerance exemption under FFDCA section 408.
This exemption also applies to tolerance revocations for which
extraordinary circumstances do not exist. As such, this exemption
applies to the tolerance revocations in this proposed rule because the
Agency knows of no extraordinary circumstances that warrant
reconsideration of this exemption for those proposed tolerance
revocations.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
Executive Order 14192 (90 FR 9065, February 6, 2025) does not apply
because actions that establish a tolerance under FFDCA section 408 are
exempted from review under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA 44 U.S.C. 3501 et seq., because it does not contain any
information collection activities.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, EPA concludes that the
impact of concern for this action is any significant adverse economic
impact on small entities and that the Agency is certifying that this
action will not have a significant economic impact on a substantial
number of small entities because the action has no net burden on small
entities subject to this rulemaking. This determination takes into
account an EPA analysis for tolerance establishments and modifications
that published in the Federal Register of May 4, 1981 (46 FR 24950
(FRL-1809-5)) and for tolerance revocations on December 17, 1997 (62 FR
66020 (FRL-5753-1)). Additionally, in a 2001 memorandum, EPA determined
that eight conditions must all be satisfied in order for an import
tolerance or tolerance exemption revocation to adversely affect a
significant number of small entity importers, and that there is a
negligible joint probability of all eight conditions holding
simultaneously with respect to any particular revocation. See
Memorandum from Denise Keehner, Division Director, Biological and
Economic Analysis Division, Office of Pesticide Programs, entitled
``RFA/SBREFA Certification for Import Tolerance Revocation'' and dated
May 25, 2001, which is available in docket ID No. EPA-HQ-OPP-2005-0322
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
For the pesticides named in this rulemaking, EPA concludes that
there is no reasonable expectation that residues of the pesticides for
tolerances listed in this rulemaking for revocation will be found on
the commodities discussed in this rulemaking, and the Agency knows of
no extraordinary circumstances that exist as to the present proposed
rule that would change EPA's previous analyses.
Any comments about the Agency's determination for this rulemaking
should be submitted to EPA along with comments on the proposed rule and
will be addressed in the final rule.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more (in 1995 dollars and adjusted annually for inflation) as described
in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely
affect small governments. The action imposes no enforceable duty on any
State, Local or Tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will
not have substantial direct effects on the states, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because it will
not have substantial direct effects on Tribal governments, on the
relationship between the Federal Government and the Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not a significant regulatory action under
section 3(f)(1) of Executive Order 12866 (See Unit V.A.), and because
EPA does not believe the environmental health or safety risks addressed
by this action present a disproportionate risk to children. However,
EPA's 2021 Policy on Children's Health applies to this action.
This rule proposes tolerance actions under the FFDCA, which
requires EPA to give special consideration to exposure of infants and
children to the pesticide chemical residue in establishing a tolerance
and to ``ensure that there is a reasonable certainty that no harm will
result to infants and children from aggregate exposure to the pesticide
chemical residue . . .'' (FFDCA 408(b)(2)(C)). The Agency's
consideration is documented in the pesticide-specific registration
review documents, located in each chemical docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211 (66 FR 28355)
(May 22, 2001) because it is not a significant regulatory action under
Executive Order
[[Page 24264]]
12866. However, EPA's 2021 Policy on Children's Health applies to this
action.
This rule proposes tolerance actions under the FFDCA, which
requires EPA to give special consideration to exposure of infants and
children to the pesticide chemical residue in establishing a tolerance
and to ``ensure that there is a reasonable certainty that no harm will
result to infants and children from aggregate exposure to the pesticide
chemical residue . . .'' (FFDCA 408(b)(2)(C)). The Agency's
consideration is documented in the pesticide-specific registration
review documents, located in each chemical docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
J. National Technology Transfer Advancement Act (NTTAA)
This action does not involve technical standards that would require
Agency consideration under NTTAA section 12(d), 15 U.S.C. 272.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: May 29, 2025.
Edward Messina,
Director, Office of Pesticide Programs.
For the reasons set forth in the preamble, EPA is proposing to
amend 40 CFR chapter I as follows:
PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.130, revise and republish paragraph (a) to read as
follows:
Sec. 180.130 Hydrogen Cyanide; tolerances for residues.
(a) General. Tolerances are established for residues of sodium
cyanide, including its metabolites and degradates, in or on the
commodities in table 1 to this paragraph (a). Compliance with the
tolerance levels specified in table 1 to this paragraph (a) is to be
determined by measuring only hydrogen cyanide in or on the commodity.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Fruit, citrus, group 10-10................................... 50
------------------------------------------------------------------------
* * * * *
0
3. In Sec. 180.155, amend the table in paragraph (a) by adding the
heading ``Table 1 to Paragraph (a)'' and revising the entry for
``Rambutan'' as follows:
Sec. 180.155 1-Naphthaleneacetic acid; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Rambutan..................................................... 2
* * * * *
------------------------------------------------------------------------
* * * * *
0
4. In Sec. 180.301:
0
a. Revise the introductory text to paragraph (a);
0
b. Amend the table in paragraph (a) by:
0
i. Adding the heading ``Table 1 to Paragraph (a)'';
0
ii. Adding an entry for ``Barley, hay'' in alphabetical order;
0
iii. Removing the entry for ``Canola, seed''; and
0
iv. Adding the entries for ``Cotton, gin byproducts''; ``Oat, hay'';
``Rapeseed, seed'', and ``Wheat, hay'' in alphabetical order.
The revision and additions read as follows:
Sec. 180.301 Carboxin; tolerances for residues.
(a) General. Tolerances are established for residues of carboxin,
5,6-dihydro-2-methyl-N-phenyl-1,4-oxathiin-3-carboxamide, including its
metabolites and degradates, in or on the commodities in table 1 to this
paragraph (a). Compliance with the tolerance levels specified in table
1 to this paragraph (a) is to be determined by measuring only those
carboxin residues convertible to aniline, expressed as the
stoichiometric equivalent of carboxin, in or on the commodities.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Barley, hay.................................................. 0.2
* * * * *
Cotton, gin byproducts....................................... 3
* * * * *
Oat, hay..................................................... 0.2
* * * * *
Rapeseed, seed............................................... 0.03
* * * * *
Wheat, hay................................................... 0.2
* * * * *
------------------------------------------------------------------------
* * * * *
0
5. In Sec. 180.331:
0
a. Revise the section heading; and
0
b. Revise and republish paragraph (a).
The revisions read as follows:
Sec. 180.331 2,4-DB; tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide 4-(2,4-dichlorophenoxy) butanoic acid (2,4-DB), including its
metabolites and degradates, in or on the commodities in table 1 to this
paragraph (a). Compliance with the tolerance levels specified in table
1 to this paragraph (a) is to be determined by measuring only herbicide
2,4-DB, both free and conjugated, in or on the commodity.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Alfalfa, forage.............................................. 0.7
Alfalfa, hay................................................. 2
Cattle, meat byproducts...................................... 0.05
Clover, forage \1\........................................... 0.2
Clover, hay \1\.............................................. 0.2
Goat, meat byproducts........................................ 0.05
Hog, meat byproducts......................................... 0.05
Horse, meat byproducts....................................... 0.05
Peanut....................................................... 0.2
Peppermint, tops \1\......................................... 0.2
Sheep, meat byproducts....................................... 0.05
Soybean, forage.............................................. 0.7
Soybean, hay................................................. 2
Soybean, seed................................................ 0.5
Spearmint, tops \1\.......................................... 0.2
Trefoil, forage.............................................. 0.7
Trefoil, hay................................................. 2
------------------------------------------------------------------------
\1\ These tolerances expire on December 8, 2025.
* * * * *
0
6. In Sec. 180.345:
0
a. Amend the table in paragraph (a) by:
0
i. Adding the heading ``Table 1 to Paragraph (a)'';
0
ii. Adding an entry for ``Beet, garden, leaves'' in alphabetical order;
0
iii. Removing the entry for ``Beet, garden, tops'';
0
iv. Revising the entries for ``Beet, sugar, molasses'' and ``Beet,
sugar, tops'';
0
v. Removing the entry for ``Garlic'';
0
vi. Adding the entries for ``Garlic, bulb'' and ``Grass, forage, fodder
and
[[Page 24265]]
hay, group 17, straw'' in alphabetical order; and
0
vii. Removing the entry for ``Grass, straw''; and
0
b. Revise and republish the table in paragraph (c); and
0
c. Revise and republish paragraph (d);
The additions and revisions read as follows:
Sec. 180.345 Ethofumesate; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Beet, garden, leaves......................................... 5
* * * * *
Beet, sugar, molasses........................................ 2
* * * * *
Beet, sugar, tops \1\........................................ 4
* * * * *
Garlic, bulb................................................. 0.25
* * * * *
Grass, forage, fodder and hay, group 17, straw............... 1
* * * * *
------------------------------------------------------------------------
\1\ This tolerance expires on [DATE 6 MONTHS AFTER DATE OF PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER].
* * * * *
(c) * * *
Table 2 to Paragraph (c)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Carrot, roots................................................ 7
------------------------------------------------------------------------
(d) Indirect or inadvertent residues. Tolerances are established
for the combined indirect or inadvertent residues of the herbicide
ethofumesate, including its metabolites and degradates, in or on the
commodities in table 3 to this paragraph (d). Compliance with the
tolerance levels specified in table 3 to this paragraph (d) is to be
determined by measuring only the sum of ethofumesate, 2-ethoxy-2,3-
dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate, and its
metabolites 2-hydroxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl
methanesulfonate, and 2,3-dihydro-3,3-dimethyl-2-oxo-5-
benzofuranylmethanesulfonate, calculated as the stoichiometric
equivalent of ethofumesate, in or on the commodity.
Table 3 to Paragraph (d)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Animal feed, nongrass, group 18.............................. 1.5
Grain, cereal, forage, hay, stover, and straw, group 16-22... 1.5
Vegetable, legume, forage and hay, group 7-22................ 0.5
------------------------------------------------------------------------
0
7. In Sec. 180.401:
0
a. Revise the introductory text to paragraph (a);
0
b. Amend the table in paragraph (a) by:
0
i. Adding the heading ``Table 1 to Paragraph (a)''; and
0
ii. Adding entries for ``Celery''; ``Endive''; ``Lettuce, head''; and
``Lettuce, leaf'' in alphabetical order; and
0
c. Remove and reserve paragraph (c).
The revision and additions read as follows:
Sec. 180.401 Thiobencarb; tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide thiobencarb, including its metabolites and degradates, in or
on the commodities in table 1 to this paragraph (a). Compliance with
the tolerance levels specified in table 1 to this paragraph (a) is to
be determined by measuring only the sum of thiobencarb and its
metabolites containing the chlorobenzyl or chlorophenyl moieties,
calculated as the stoichiometric equivalent of thiobencarb, in or on
the commodity.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Celery \1\................................................... 0.2
* * * * *
Endive \1\................................................... 0.2
* * * * *
Lettuce, head \1\............................................ 0.2
Lettuce, leaf \1\............................................ 0.2
* * * * *
------------------------------------------------------------------------
\1\ There are no U.S. registrations for this commodity.
* * * * *
(c) [Reserved]
* * * * *
0
8. In Sec. 180.491, revise and republish paragraph (a) to read as
follows:
Sec. 180.491 Propylene oxide; tolerances for residues.
(a) General. Tolerances are established for residues of the
fumigant propylene oxide, including its metabolites and its degradates,
including the reaction products propylene chlorohydrin and propylene
bromohydrin, in or on the commodities in table 1 to this paragraph (a).
Compliance with the tolerance levels specified in table 1 to this
paragraph (a) is to be determined by measuring only propylene oxide in
or on the commodity.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cacao bean, cocoa powder..................................... 200
Cacao bean, dried bean....................................... 200
Fig, dried................................................... 3
Garlic, dried................................................ 300
Grape, raisin................................................ 1
Herbs and spices, group 19, dried............................ 300
Nut, tree, group 14-12....................................... 300
Onion, dried................................................. 300
Plum, prune, dried........................................... 2
------------------------------------------------------------------------
* * * * *
0
9. In Sec. 180.562, revise and republish paragraph (a) to read as
follows:
Sec. 180.562 Flucarbazone-sodium; tolerances for residues.
(a) General. (1) Tolerances are established for residues of the
herbicide flucarbazone-sodium, including its metabolites and
degradates, in or on the commodities in table 1 to this paragraph
(a)(1). Compliance with the tolerance levels specified is to be
determined by measuring the sum of flucarbazone-sodium (4,5-dihydro-3-
methoxy-4-methyl-5-oxo-N-((2-(trifluoromethoxy)phenyl)sulfonyl)-1H-
1,2,4-triazole-1-carboxamide sodium salt) and its metabolite desmethyl
MKH 6562 (4,5-dihydro-3-methoxy-5-oxo-N-((2
(trifluoromethoxy)phenyl)sulfonyl)-1H-1,2,4-triazole-1-carboxamide)
calculated as the stoichiometric equivalent of flucarbazone-sodium.
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Wheat, forage................................................ 0.3
Wheat, grain................................................. 0.1
Wheat, hay................................................... 0.2
Wheat, straw................................................. 0.05
------------------------------------------------------------------------
(2) Tolerances are established for residues of the herbicide
flucarbazone-sodium, including its metabolites and degradates, in or on
the commodities in table 2 to this paragraph (a)(2). Compliance with
the tolerance levels specified is to be determined by measuring the sum
of flucarbazone-sodium (4,5-dihydro-3-methoxy-4-
[[Page 24266]]
methyl-5-oxo-N-((2-(trifluoromethoxy)phenyl)sulfonyl)-1H-1,2,4-
triazole-1-carboxamide sodium salt), its metabolite desmethyl MKH 6562
(4,5-dihydro-3-methoxy-5-oxo-N-((2-(trifluoromethoxy)phenyl)sulfonyl)-
1H-1,2,4-triazole-1-carboxamide), and its metabolites converted to 2-
(trifluoromethoxy)benzene sulfonamide calculated as the stoichiometric
equivalent of flucarbazone-sodium.
Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, liver................................................ 1.5
Cattle, meat................................................. 0.01
Cattle, meat byproducts, except liver........................ 0.01
Goat, liver.................................................. 1.5
Goat, meat................................................... 0.01
Goat, meat byproducts, except liver.......................... 0.01
Hog, liver................................................... 1.5
Hog, meat.................................................... 0.01
Hog, meat byproducts, except liver........................... 0.01
Horse, liver................................................. 1.5
Horse, meat.................................................. 0.01
Horse, meat byproducts, except liver......................... 0.01
Milk......................................................... 0.005
Sheep, liver................................................. 1.5
Sheep, meat.................................................. 0.01
Sheep, meat byproducts, except liver......................... 0.01
------------------------------------------------------------------------
* * * * *
[FR Doc. 2025-10208 Filed 6-6-25; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.