Rule2025-20399
Glufosinate; Pesticide Tolerances
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
November 20, 2025
Effective
November 20, 2025
Issuing agencies
Environmental Protection Agency
Abstract
This regulation establishes, modifies, and revokes tolerances for residues of glufosinate (CASRN 77182-82-2) in or on rice and tea commodities. Under the Federal Food, Drug, and Cosmetic Act (FFDCA), BASF Corporation submitted a petition to EPA requesting that EPA establish a maximum permissible level for residues of this pesticide on in or on the identified commodity(ies).
Full Text
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[Federal Register Volume 90, Number 222 (Thursday, November 20, 2025)]
[Rules and Regulations]
[Pages 52252-52256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20399]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2021-0789; FRL-12976-01]
Glufosinate; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes, modifies, and revokes tolerances
for residues of glufosinate (CASRN 77182-82-2) in or on rice and tea
commodities. Under the Federal Food, Drug, and Cosmetic Act (FFDCA),
BASF Corporation submitted a petition to EPA requesting that EPA
establish a maximum permissible level for residues of this pesticide on
in or on the identified commodity(ies).
DATES: This rule is effective November 20, 2025. Objections and
requests for hearings must be received on or before January 20, 2026
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.D. of this document).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0789, is available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional information about dockets
generally, along with instructions for visiting the docket in person,
is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division
(7505T), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
number: (202) 566-1030; email address: <a href="/cdn-cgi/l/email-protection#bae8fefce8f4d5ced3d9dfc9fadfcadb94ddd5cc"><span class="__cf_email__" data-cfemail="95c7d1d3c7dbfae1fcf6f0e6d5f0e5f4bbf2fae3">[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 applies to them.
Potentially affected entities may include:
<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
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.
B. What is EPA's authority for taking this action?
EPA is issuing this rulemaking under section 408 of the Federal
Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. FFDCA section
408(b)(2)(A)(i) allows EPA to establish a tolerance (the legal limit
for a pesticide chemical residue in or on a food) only if EPA
determines that the tolerance is ``safe.'' FFDCA section
408(b)(2)(A)(ii) 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.'' 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 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 . . .''
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. 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.
You must file your objection or request a hearing on this regulation in
accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify the docket ID number EPA-HQ-
OPP-2021-0789 in the subject line on the first page of your submission.
All objections and requests for a hearing must be in writing and must
be received by the Hearing Clerk on or before January 20, 2026.
The EPA's Office of Administrative Law Judges (OALJ), in which the
Hearing Clerk is housed, urges parties to file and serve documents by
electronic means only, notwithstanding any other particular
requirements set forth in other procedural rules governing those
proceedings. See ``Revised Order Urging
[[Page 52253]]
Electronic Filing and Service'' dated June 22, 2023, which can be found
at <a href="https://www.epa.gov/system/files/documents/2023-06/2023-06-22%20-%20revised%20order%20urging%20electronic%20filing%20and%20service.pdf">https://www.epa.gov/system/files/documents/2023-06/2023-06-22%20-%20revised%20order%20urging%20electronic%20filing%20and%20service.pdf</a>.
Although the EPA's regulations require submission via U.S. Mail or hand
delivery, the EPA intends to treat submissions filed via electronic
means as properly filed submissions; therefore, the EPA believes the
preference for submission via electronic means will not be prejudicial.
When submitting documents to the OALJ electronically, a person should
utilize the OALJ e-filing system at <a href="https://yosemite.epa.gov/oa/eab/eab-alj_upload.nsf">https://yosemite.epa.gov/oa/eab/eab-alj_upload.nsf</a>. In addition to filing an objection or hearing
request with the Hearing Clerk as described in 40 CFR part 178, please
submit a copy of the filing (excluding any Confidential Business
Information (CBI)) for inclusion in the public docket at <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 CBI or other information whose disclosure is restricted by statute.
If you wish to include CBI in your request, 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 not marked confidential pursuant to 40 CFR part 2 may
be disclosed publicly by EPA without prior notice.
II. Petitioned-for Tolerance
In the Federal Registers of July 20, 2022 (87 FR 43232) (FRL-9410-
03-OCSPP) and November 12, 2024 (89 FR 88948) (FRL-11682-09-OCSPP), EPA
issued documents pursuant to FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of two pesticide petitions (PP 1E8939
and PP 1E8952) by BASF Corporation, 26 Davis Drive, Research Triangle
Park, NC 27709. The petitions requested that 40 CFR 180.473 be amended
by establishing tolerances for residues of the herbicide glufosinate-
ammonium (butanoic acid, 2-amino-4-(hydroxymethylphosphinyl)-
monoammonium salt) and its metabolites, 2-acetamido-4-
methylphosphinico-butanoic acid and 3-methylphosphinico-propionic acid,
expressed as 2-amino-4-(hydroxymethylphosphinyl) butanoic acid
equivalents in or on dried tea leaves at 0.50 parts per million (ppm)
and fresh tea leaves at 0.05 ppm (PP 1E8939); by modifying the
tolerance for residues in or on ``rice, grain'' from 1.0 ppm to 0.9 ppm
(PP 1E8952); and by revoking the tolerance for residues in or on
``rice, hulls'' at 2.0 ppm (PP 1E8952). The July 20, 2022, and November
12, 2024, notices of filing referenced summaries of the petitions
prepared by BASF Corporation, which are available in the docket at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Three comments were received on the
notices of filing. EPA's responses to these comments are discussed in
Unit IV.C of this document.
Based upon review of the data supporting the petitions and in
accordance with its authority under FFDCA section 408(d)(4)(A)(i), EPA
is establishing tolerances that vary from what the petitioner sought,
including by correcting the commodity definitions for the tea
commodities and establishing a separate tolerance for instant tea. In
addition, EPA is establishing tolerances for glufosinate rather than
glufosinate ammonium. The reasons for these changes are explained in
Unit IV.D of this document.
III. Final Tolerance Action
A. EPA's Safety Determination
Consistent with FFDCA section 408(b)(2)(D), and the factors
specified therein, EPA has reviewed the available scientific data and
other relevant information in support of this action. EPA has
sufficient data to assess the hazards of and to make a determination on
aggregate exposure for glufosinate, including exposure resulting from
the tolerances established by this action. EPA's assessment of
exposures and risks associated with glufosinate is as follows.
In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published in tolerance rulemakings for the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemakings, and EPA considers referral back to those
sections as sufficient to provide an explanation of the information EPA
considered in making its safety determination for the new rulemaking.
EPA has previously published tolerance rulemakings for glufosinate,
most recently in the Federal Register of September 21, 2022 (87 FR
57621) (FRL-9521-01-OCSPP) and June 20, 2023 (88 FR 39776) (FRL-11019-
01-OCSPP), in which EPA concluded, based on the available information,
that there is a reasonable certainty that no harm would result from
aggregate exposure to glufosinate and established tolerances for
residues of that pesticide chemical. EPA is incorporating previously
published sections from the September 21, 2022 and June 20, 2023
rulemakings as described further in this rulemaking, as they remain
unchanged.
B. Toxicological Profile
For a discussion of the Toxicological Profile of glufosinate, see
Unit III.A. of the September 21, 2022 rulemaking (87 FR 57621) (FRL-
9521-01-OCSPP).
C. Toxicological Points of Departure/Levels of Concern
For a summary of the Toxicological Points of Departure/Levels of
Concern used for the human health risk assessment, see Unit III.B. of
the September 21, 2022 (87 FR 57621) (FRL-9521-01-OCSPP) rulemaking and
Table 4.1 of the document titled ``Glufosinate. Human Health Risk
Assessment for the Establishment of Permanent Tolerances without a U.S.
Registration in/on Tea and Rice'' (hereinafter ``Glufosinate Human
Health Risk Assessment'') in docket ID number EPA-HQ-OPP-2021-0789.
D. Exposure Assessment
Much of the exposure assessment remains the same since the prior
rulemakings, although updates have occurred to account for exposures
from the petitioned-for tolerances. These updates are discussed in this
section; for a description of the rest of the EPA approach to and
assumptions for the exposure assessment, please reference Unit III.C.
of the September 21, 2022 (87 FR 57621) (FRL-9521-01-OCSPP) rulemaking
and Unit III. of the June 20, 2023 rulemaking (88 FR 39776) (FRL-11019-
01-OCSPP).
EPA's dietary exposure assessments have been updated to include the
additional exposures associated with the petitioned-for tolerances on
rice and tea commodities. The acute dietary exposure assessment used
the same assumptions as the June 20, 2023 rulemaking (88 FR 39776)
(FRL-11019-01-OCSPP), including tolerance-level residues and 100
percent crop treated (PCT) for all crop and livestock commodities. For
the chronic dietary exposure assessment, the PCT estimates were updated
to 100 PCT for all crop and livestock commodities. The other
refinements were the same as the June 20, 2023 rulemaking (88 FR 39776)
(FRL-11019-01-OCSPP), including anticipated residues based on average
field trial residue levels for plant raw agricultural commodities and
experimentally determined processing factors where available.
Anticipated residues for livestock commodities were also calculated and
incorporated into the assessment.
[[Page 52254]]
1. Anticipated Residue Information
For a discussion of the FFDCA requirements regarding use of
anticipated residue information in the chronic dietary exposure
assessment, see Unit III.C.1.iv. of the September 21, 2022 rulemaking
(87 FR 57621) (FRL-9521-01-OCSPP).
2. Drinking Water Exposure
The petitioned-for tolerances for glufosinate residues on rice and
tea commodities are not associated with registrations for use of
glufosinate on rice and tea commodities in the United States. They
therefore do not result in an increase in the estimated residue levels
in drinking water, so EPA used the same estimated drinking water
concentrations in the acute and chronic dietary exposure assessments as
identified in Unit III.C.2. of the September 21, 2022 rulemaking (87 FR
57621) (FRL-9521-01-OCSPP).
3. Non-Occupational Exposure
There are no new proposed residential (non-occupational) uses for
glufosinate at this time; however, glufosinate is currently registered
for uses that could result in residential handler and post-application
exposures, including use on lawn and turf as well as recreational sites
such as golf courses. For a summary of those exposures, see Unit
III.C.3. of the September 21, 2022 rulemaking (87 FR 57621) (FRL-9521-
01-OCSPP).
4. Cumulative Exposure
Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.'' Unlike other pesticides for which EPA
has followed a cumulative risk approach based on a common mechanism of
toxicity, EPA has not made a common mechanism of toxicity finding as to
glufosinate and any other substances, and glufosinate does not appear
to produce a toxic metabolite produced by other substances. For
purposes of this tolerance action, therefore, EPA has not assumed that
glufosinate has a common mechanism of toxicity with other substances.
5. Safety Factor for Infants and Children
EPA continues to conclude that there are reliable data to support
the reduction of the Food Quality Protection Act (FQPA) safety factor
to 1X for acute dietary exposure. For all other exposure scenarios, EPA
is retaining a 10X FQPA safety factor. See Unit III.D. of the September
21, 2022 (87 FR 57621) (FRL-9521-01-OCSPP) rulemaking for a discussion
of the Agency's rationale for that determination.
6. Aggregate Risks and Determination of Safety
EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute population-adjusted dose (aPAD) and the chronic population-
adjusted dose (cPAD). For linear cancer risks, EPA calculates the
lifetime probability of acquiring cancer given the estimated aggregate
exposure. Short-, intermediate-, and chronic term aggregate risks are
evaluated by comparing the estimated total food, water, and residential
exposure to the appropriate points of departure to ensure that an
adequate margin of exposure (MOE) exists.
Acute dietary risks are below the Agency's level of concern of 100%
of the aPAD; they are 26% of the aPAD for females 13-49 years old, the
only population subgroup for which an acute toxic effect was
identified. Chronic dietary risks are below the Agency's level of
concern of 100% of the cPAD; they are 66% of the cPAD for all infants
(<1 year old), the most highly exposed population subgroup.
The short-term aggregate exposure assessment includes dietary (food
and drinking water) and dermal exposure from high contact lawn activity
on treated lawns for adults and dermal plus incidental oral exposure
from high contact lawn activity on treated lawns for children 1 to less
than 2 years old. The short-term aggregate MOE for adults 20 to 49
years old is 4,600. The short-term aggregate MOE for children 1 to less
than 2 years old is 1,000. These short-term aggregate MOEs are not of
concern because an MOE equal to or greater than the level of concern of
1,000 is not of concern.
Glufosinate is classified as ``Not Likely To Be Carcinogenic to
Humans'' based on the lack of evidence of a treatment-related increase
in tumors in two adequate rodent carcinogenicity studies.
Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to glufosinate residues. More detailed information
on this action can be found in the Glufosinate Human Health Risk
Assessment in docket ID number EPA-HQ-OPP-2021-0789.
IV. Other Considerations
A. Analytical Enforcement Methodology
For a discussion of the available analytical enforcement method for
various crops, see Unit IV.A. of the September 21, 2022 rulemaking (87
FR 57621) (FRL-9521-01-OCSPP).
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex is a joint United Nations Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
The U.S. tolerance for ``rice, grain'' is harmonized with the Codex
MRL of 0.9 ppm. The Codex has not established an MRL for glufosinate in
or on tea (dried, instant, or plucked). However, there is an
established Chinese MRL for tea at 0.5 ppm; the proposed tolerance for
tea, dried is harmonized with this MRL.
C. Response to Comments
EPA received one comment from American Bird Conservancy (ABC) on
the July 20, 2022 notice of filing. The comment requested that no new
tolerances be approved for glufosinate due to its organophosphorus
nature and that all current uses of glufosinate be suspended until a
full biological opinion can be performed. The Agency understands ABC's
concerns and recognizes that some individuals and organizations believe
that certain pesticides should be banned. However, ABC's comment is
primarily concerned with EPA's consideration of the impacts of
glufosinate on the environment and endangered species. Such
consideration is not relevant to the Agency's evaluation of the safety
of glufosinate tolerances under section 408 of the FFDCA, which
requires the Agency to evaluate the potential harms to human health,
not effects on the environment.
Moreover, the existing legal framework provided by section 408 of
the FFDCA authorizes EPA to establish tolerances when it determines
that the
[[Page 52255]]
tolerances meet the safety standard imposed by the statute. Upon
consideration of the validity, completeness, and reliability of the
available data as well as other factors the FFDCA requires EPA to
consider, EPA has determined that the glufosinate tolerances are safe.
ABC has made no contention that EPA has acted in violation of the
statutory framework or that a safety determination cannot be supported.
Although ABC asserts that glufosinate is linked to multiple human
health risks, EPA has reviewed the cited sources and observed that the
hazards identified are either consistent with the toxicological
information presented in the Glufosinate Human Health Risk Assessment
or reflect effects after acute glufosinate poisonings resulting from
product misuse (i.e., situations where individuals intentionally
ingested a liquid formulated product containing glufosinate). EPA's
human health risk assessments typically do not assess for this type of
misuse; rather, they protect for potential health impacts from labeled
uses.
EPA also received two comments from private citizens on the
November 12, 2024, notice of filing. The first comment stated that
there should be stronger regulations surrounding the use of pesticides
in the United States. The second comment opposed the proposed tolerance
amendments for ``rice, grain'' and ``rice, hull'' because of health
concerns and the lack of explanation for the amendments. As stated
above, the existing legal framework provided by section 408 of the
FFDCA authorizes EPA to establish tolerances when it determines that
the tolerances meet the safety standard imposed by the statute; the
comments made no contention that EPA has acted in violation of the
statutory framework or that a safety determination cannot be supported.
This action revokes the tolerance for ``rice, hull'' and lowers the
tolerance for ``rice, grain'' imported into the United States, as
requested, since unhulled rice is rarely imported and there are no
registered domestic uses of glufosinate in or on rice. EPA also notes
that lowering the tolerance for ``rice, grain'' from 1.0 ppm to 0.9 ppm
harmonizes the U.S. tolerance with the Codex MRL, consistent with
section 408(b)(4) of the FFDCA, and that revoking the tolerance for
``rice, hull'' at 2.0 ppm means that any glufosinate residues on the
commodity would be unlawful.
D. Revisions to Petitioned-for Tolerances
The petition requested tolerances for ``tea, dried leaves (green
and black)'' at 0.50 ppm and ``tea, fresh leaves'' at 0.05 ppm. EPA is
correcting the commodity definitions to ``Tea, dried'' and ``Tea,
plucked leaves'' respectively to align with the Agency's current
preferred commodity vocabulary and is removing the trailing zero from
the ``Tea, dried'' tolerance value for consistency with the
Organization for Economic Co-operation and Development (OECD) Rounding
Class Practice. The Agency is also establishing a separate tolerance
for the processed commodity ``Tea, instant'' at 0.09 ppm because
residue data showed that glufosinate and its metabolite 3-
(hydroxymethylphosphinyl) propanoic acid (MPP) concentrate in instant
tea.
In addition, EPA is establishing tolerances for glufosinate, rather
than glufosinate ammonium as requested. As explained in Unit III.V. of
the September 21, 2022 rulemaking (87 FR 57621) (FRL-9521-01-OCSPP),
EPA revised the tolerance expressions for glufosinate in 40 CFR 180.473
to clarify that the tolerance for the active ingredient will be
referred to as glufosinate (i.e., the racemic mixture). Glufosinate is
a racemic mixture of the D- and L-enantiomers, with the L-enantiomer
being responsible for its herbicidal activity. Glufosinate can exist in
multiple forms, including the acid, ammonium, and sodium forms; other
salt forms of glufosinate may be possible as well. While there are
presently only registrations for the ammonium form of racemic
glufosinate, future registration requests may be submitted for the
acid, sodium, or other forms. The tolerances for glufosinate
established in this action would cover all these forms.
E. International Trade Considerations
BASF requested the existing tolerance on ``rice, grain'' be
modified to harmonize with the existing Codex MRL to support
glufosinate use on rice commodities imported into the United States,
and the existing ``rice, hull'' tolerance be revoked. Therefore, in
this rule, EPA is establishing a tolerance for glufosinate residues in
or on ``rice, grain: at 0.9 ppm, which is lower than the existing
tolerance for ``rice, grain'' at 1.0 ppm. The ``rice, grain'' tolerance
of 0.9 ppm is supported by residue data provided by the petitioner for
rice commodities imported into the Unites States.
In accordance with the World Trade Organization's (WTO) Sanitary
and Phytosanitary Measures (SPS) Agreement, EPA intends to notify the
WTO of the changes to these tolerances in order to satisfy its
obligations under the Agreement. In addition, the SPS Agreement
requires that Members provide a ``reasonable interval'' between the
publication of a regulation subject to the Agreement and its entry into
force to allow time for producers in exporting Member countries to
adapt to the new requirement. Accordingly, EPA is establishing an
expiration date for the existing ``rice, grain'' tolerance of 1.0 ppm
and ``rice, hull'' tolerance at 2.0 ppm to allow these tolerances to
remain in effect for a period of six months after the effective date of
this final rule. At the end of the six-month period, the ``rice,
grain'' tolerance at 1.0 ppm and ``rice, hull'' tolerance at 2.0 ppm
will expire, as indicated in the regulatory text, and residues on
``rice, grain'' must conform to the new tolerance for ``rice, grain''
at 0.9 ppm. This reduction in tolerance level is not discriminatory;
the same safety standard contained in the FFDCA applies equally to
domestically produced and imported foods. The new tolerance level is
supported by available residue data.
V. Conclusion
Therefore, tolerances are established for residues of glufosinate,
(2-amino-4-(hydroxymethylphosphinyl)butanoic acid) and its metabolites,
2-(acetylamino)-4-(hydroxymethyl phosphinyl) butanoic acid, and 3-
(hydroxymethylphosphinyl) propanoic acid, expressed as 2-amino-4-
(hydroxymethylphosphinyl)butanoic acid equivalents, in or on tea, dried
at 0.5 ppm; tea, instant at 0.09 ppm; tea, plucked leaves at 0.05 ppm;
and ``rice, grain'' at 0.9 ppm. The existing ``rice, grain'' tolerance
at 1.0 ppm and ``rice, hull'' tolerance at 2.0 ppm are amended to
expire six months after the effective date of this final rule, as
explained above.
As a housekeeping measure, EPA is removing the tolerance for
residues of glufosinate in or on banana at 0.30 ppm because it expired
on December 20, 2023, as described in the Federal Register of June 20,
2023 (88 FR 39776) (FRL-11019-01-OCSPP). Because the tolerance is no
longer valid, there is no substantive impact to its removal.
VI. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/regulations/and-executive-orders">https://www.epa.gov/regulations/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 establishes or modifies a
pesticide tolerance or a tolerance exemption under FFDCA section 408 in
response to a petition submitted to the Agency. The
[[Page 52256]]
Office of Management and Budget (OMB) has exempted these types of
actions from review under Executive Order 12866.
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)
This action is not subject to the RFA, 5 U.S.C. 601 et seq. The RFA
applies only to rules subject to notice and comment rulemaking
requirements under the Administrative Procedure Act (APA), 5 U.S.C.
553, or any other statute. This rule is not subject to the APA but is
subject to FFDCA section 408(d), which does not require notice and
comment rulemaking to take this action in response to a petition.
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 on 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 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 tolerance actions like this one are exempt from
review under Executive Order 12866. However, EPA's 2021 Policy on
Children's Health applies to this action.
This rule finalizes 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 12866.
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.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: November 17, 2025.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I is amended 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. 180.473, amend Table 1 to Paragraph (a)(1) by: a. Removing
the entries for ``Banana \1\'' and ``Rice, grain'';
0
b. Adding in alphabetical order the entries ``Rice, grain\1\'' and
``Rice, grain \2\'';
0
c. Revising the entry for ``Rice, hull''; and
0
d. Adding in alphabetical order the entries ``Tea, dried'', ``Tea,
instant'', and ``Tea, plucked leaves'' and footnotes 1 and 2 at the end
of the table.The additions and revisions read as follows:
Sec. 180.473 Glufosinate; tolerances for residues.
(a) * * *
(1) * * *
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Rice, grain \1\.............................................. 0.9
Rice, grain \2\.............................................. 1.0
Rice, hull \2\............................................... 2.0
* * * * *
Tea, dried \1\............................................... 0.5
Tea, instant \1\............................................. 0.09
Tea, plucked leaves \1\...................................... 0.05
* * * * *
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of November 20, 2025.
\2\ This tolerance expires on May 20, 2025.
* * * * *
[FR Doc. 2025-20399 Filed 11-19-25; 8:45 am]
BILLING CODE 6560-50-P
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