Rule2026-01902
Chlorate; Exemption From the Requirement of a Pesticide Tolerance
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
January 30, 2026
Effective
January 30, 2026
Issuing agencies
Environmental Protection Agency
Abstract
This regulation establishes an exemption from the requirement of a tolerance for residues of chlorate (CAS Reg. No. 7775-09-9) in or on several food commodities. Under the Federal Food, Drug, and Cosmetic Act (FFDCA), TriNova LLC submitted a petition to EPA requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of this pesticide when used in accordance with the terms of the exemption.
Full Text
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<title>Federal Register, Volume 91 Issue 20 (Friday, January 30, 2026)</title>
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[Federal Register Volume 91, Number 20 (Friday, January 30, 2026)]
[Rules and Regulations]
[Pages 4009-4013]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01902]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2021-0516; FRL 13148-01-OCSPP]
Chlorate; Exemption From the Requirement of a Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of chlorate (CAS Reg. No. 7775-09-9) in or
on several food commodities. Under the Federal Food, Drug, and Cosmetic
Act (FFDCA), TriNova LLC submitted a petition to EPA requesting an
exemption from the requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of this pesticide when used in accordance with the terms of
the exemption.
DATES: This rule is effective on January 30, 2026. Objections and
requests for hearings must be received on or before March 31, 2026, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of this document).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0516, is available online at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional information about dockets
generally, along with instructions for visiting the docket center in
person, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Kristen Willis, Antimicrobials
Division (7510M), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: 202-566-0793; email address:
<a href="/cdn-cgi/l/email-protection#3e7f7a786c70514a575d5b4d7e5b4e5f10595148"><span class="__cf_email__" data-cfemail="57161311051938233e3432241732273679303821">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
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).
[[Page 4010]]
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> Pesticide manufacturing (NAICS code 32532).
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(c)(2)(A)(i) allows EPA to establish an exemption from the
requirement for a tolerance (the legal limit for a pesticide chemical
residue in or on a food) only if EPA determines that the exemption is
``safe.'' FFDCA section 408(c)(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. Pursuant to FFDCA section 408(c)(2)(B), in establishing or
maintaining in effect an exemption from the requirement of a tolerance,
EPA must take into account the factors set forth in FFDCA section
408(b)(2)(C), which require 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 . . . .''
Additionally, FFDCA section 408(b)(2)(D) requires that the Agency
consider, among other things, ``available information concerning the
cumulative effects of a particular pesticide's residues'' and ``other
substances that have a common mechanism of toxicity.''
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-2021-0516 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 March 31, 2026.
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 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 EPA's regulations require submission via U.S. Mail or hand
delivery, EPA intends to treat submissions filed via electronic means
as properly filed submissions; therefore, 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. Summary of Petitioned-For Exemptions
In the Federal Register of January 13, 2025 (90 FR 2661) (FRL
11682-11-OCSPP), EPA issued a document pursuant to FFDCA section
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
petition (PP 1F8916) by ICA TriNova LLC, 1 Beavers Street Suite B,
Newman, GA 30263. The January 13, 2025 document superseded the Notice
of Filing published on November 23, 2021 (86 FR 66152) (FRL 879-05-
OCSPP) regarding PP 1F8916. The petition requested that 40 CFR 180.1364
be amended by expanding the exemption from the requirement of a
tolerance for residues of chlorate to include the following crop
groups: Crop Group 1 (root and tuber vegetables), Crop Group 3 (bulb
vegetables, bulbs), Crop Group 8 (fruiting vegetables), Crop Group 9
(cucurbit vegetables), Crop Group 10 (citrus), Crop Group 11 (pome
fruits), Crop Group 12 (stone fruits), Crop Group 13 (berries), Crop
Group 14 (tree nuts), Crop Group 16 (forage, fodder, and straw of
cereal grains), Crop Group 17 (grass forage, fodder, and hay), Crop
Group 18 (non-grass animal feeds), Crop Group 21 (edible fungi), Crop
Group 23 (tropical and subtropical fruits, edible peel), and Crop Group
24 (tropical and subtropical fruits, inedible peel). A summary in
support of the petition is available in the docket (EPA-HQ-OPP-2021-
0516), <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Two public comments were received
on the first Notice of Filing submitted on November 23, 2021, and one
public comment was received on the Notice of Filing submitted on
January 13, 2025, that superseded the November 23, 2021 Notice of
Filing. The comment period for the November 13, 2021 Notice of Filing
ended on December 23, 2021. The comment period for the January 13, 2025
Notice of Filing ended on February 12, 2025.
III. Final Tolerance Action
Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), 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 chlorate, including exposure
resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with chlorate follows.
In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemaking of the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemaking and republishing the same sections is unnecessary.
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 previously published a tolerance rulemaking for chlorate on
December 26, 2018, in which the Agency
[[Page 4011]]
concluded that there is a reasonable certainty that no harm would
result from aggregate exposure to chlorate and established exemptions
for residues on tomatoes and cantaloupes. The publication of the
rulemaking can be found at 83 FR 66138 (FRL-9986-85). EPA's assessment
of safety in support of the 2018 rulemaking, Risk Assessment of Tomato
and Cantaloupe Fumigation with Sodium Chlorite 3.2% (chlorine dioxide
gas) (hereafter 2018 EPA Risk Assessment), is included in the docket
for this current rulemaking, as it also supports this current
rulemaking.
Since the time of the initial tolerance exemption, EPA has
evaluated the potential for dietary exposures to chlorates in three
different assessments: (1) an Agency memo that was signed on November
10, 2020, titled ``Sodium Chlorate: Summary of Hazard and Science
Policy Council (HASPOC) Meeting of October 15, 2020: Recommendations on
Conducting a Qualitative Assessment of Chlorate and Waiving All Crop
Chlorate Residue Data (hereafter ``2020 EPA HASPOC memo''); (2) the
Inorganic Chlorates Revised Draft Human Health Risk Assessment (DRA) in
Support of Registration Review (hereafter ``2021 EPA Revised DRA''),
and (3) the 2022 crop expansion assessment titled Review of Petition,
Residue Data Waiver, and Risk Assessment of 3.2% Sodium Chlorite
(Chlorine Dioxide Gas) Fumigation for Crop Expansion (hereafter ``2022
EPA Risk Assessment''), all of which are part of the docket for this
current rulemaking. The Agency has concluded that there are no risks of
concern from aggregate exposure to chlorate from currently registered
uses. This conclusion is based on the following relevant conclusions
from the three assessments mentioned above: (1) Chlorate residues in
food are generally low and can be removed by washing, (2) aggregate
exposure from food and drinking water were not of concern when
quantitatively assessed in the 2018 EPA Risk Assessment; and (3) the
main driver of the dietary assessment is from drinking water exposures
from sanitation treatment.
A. Toxicological Profile and Points of Departure/Levels or Concern
Inorganic chlorates (also known as chlorate salts) encompass all
chlorates, including sodium chlorate. As an antimicrobial pesticide,
sodium chlorate (Pesticide Code (PC code) 073301) is used to generate a
chlorine dioxide (PC Code 020503) solution in post-harvest applications
to various crops. Sodium chlorate is also generated as a by-product of
sodium chlorite (PC Code 020502) when it is used to generate chlorine
dioxide for fumigation of crops post-harvest and during storage and
shipment. Inorganic chlorates encompass all chlorates including the
most abundant salt, sodium chlorate.
The toxicological profile for chlorate remains unchanged from the
December 26, 2018 rulemaking and is available in the 2018 EPA Risk
Assessment and the 2021 EPA Revised DRA. As discussed in the 2020 EPA
HASPOC Memo, EPA conducted a qualitative assessment as part of the
current tolerance action.
B. Exposure Assessment
1. Dietary exposure from food and drinking water. In support of the
2018 rulemaking, EPA performed a quantitative risk assessment on sodium
chlorite at a 3.2% application rate as well as other uses with
potential chlorate residue exposure (paper mill, drinking water, and
conventional food uses). Based on the 2018 EPA Risk Assessment, the
total dietary risks (including the use on tomatoes and cantaloupe,
conventional herbicidal uses, paper mill dietary uses, and drinking
water) are not of concern. The most highly exposed population was
children 1-2 years of age which occupied 8.4% of the chronic population
adjustment dose (cPAD) and was thus not of concern.
Following the 2018 EPA Risk Assessment and 2018 rulemaking, EPA
determined that it would be more appropriate to assess the safety of
chlorate tolerances with a qualitative dietary (food and drinking
water) assessment for the reasons noted above (see ``2021 EPA Revised
DRA'' and ``2020 EPA HASPOC Memo''). The use of sodium chlorite on the
additional crops at issue in this rule are not expected to meaningfully
impact the previously assessed risk estimates, since residues can be
washed off and the main driver of the dietary assessment is from
drinking water exposures from sanitation treatment, which is not
expected to change upon approval of these additional uses.
2. From non-dietary exposure. There are no residential (non-
occupational) exposures associated with the new proposed uses and there
are no registered uses of chlorate that result in non-occupational,
residential exposure.
3. Cumulative effects from substances with a common mechanism of
toxicity. EPA has not found inorganic chlorates to share a common
mechanism of toxicity with any other substances, and sodium chlorate
does not appear to produce a toxic metabolite produced by other
substances. For a discussion, see Unit III (C)(4) of the December 26,
2018 rulemaking.
C. Safety Factor for Infants and Children
Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold (10X) margin of safety for infants and children in
the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. Because EPA is conducting a qualitative assessment without
uncertainty factors, the additional 10X safety factor cannot be
applied.
D. Aggregate Risks and Determination of Safety
In a quantitative risk assessment, EPA determines whether acute and
chronic dietary pesticide exposures are safe by comparing aggregate
exposure estimates to the acute PAD (aPAD) and chronic PAD (cPAD). For
linear cancer risks, EPA calculates the lifetime probability of
acquiring cancer given the estimated aggregate exposure. Short-,
intermediate-, and chronic-term risks are evaluated by comparing the
estimated aggregate food, water, and residential exposure to the
appropriate PODs to ensure that an adequate Margin of Exposure (MOE)
exists.
The 2022 EPA Risk Assessment in support of this action is based on
the 2018 EPA Risk Assessment (e.g., drinking water, pulp mill,
FruitGard dietary use, drinking water), the 2021 EPA Revised DRA, the
2020 EPA HASPOC memo, and the supportive materials submitted with this
petition. That assessment evaluates the aggregate exposure from
existing uses and the new proposed fumigation uses on the additional
crop groups. EPA has determined that the fumigation of additional crops
is not expected to meaningfully increase dietary (food or drinking
water) exposures or risks of chlorate from the active ingredient sodium
chlorite (chlorine dioxide). This is primarily because (1) residues on
food are expected to be low, based on other residue studies indicating
that use on food results in low residues and the fact that residues can
be removed by washing; (2) the drinking water from water treatment
systems is the primary source of exposure to chlorate, which would not
change based on these additional crops; and (3) EPA's Risk Assessment
2018, which already accounted for the drinking water exposure and
limited expectation of residues on food, found that the residues would
be safe.
[[Page 4012]]
Given that the previous quantitative assessment indicated a very
low risk estimate, EPA concludes that aggregate exposure would continue
to be safe with these new exemptions. Therefore, EPA concludes that
there is a reasonable certainty that no harm will result to the general
population, or to infants and children from aggregate exposure to
chlorate residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation for residues of chlorate in
or on the listed food commodities.
B. Response to Comments
Two public comments were received on the first Notice of Filing
that was published on November 23, 2021 and one public comment was
received on the Notice of Filing that was published on January 13, 2025
that superseded the November 23, 2021 Notice of Filing. The comment
period for the November 23, 2021 Notice of Filing ended on December 23,
2021. The comment period for the January 13, 2025 revised Notice of
Filing ended on February 12, 2025.
Two public comments were received in response to the Notice of
Filing published on November 23, 2021 (located under the Docket ID EPA-
HQ-OPP-2021-0516 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>). The first comment was
submitted by the United Fresh Produce Association supporting the
expansion of crop groups for products containing the active ingredient
sodium chlorite as a post-harvest application of gaseous chlorine
dioxide. The Agency acknowledges the comment from United Fresh Produce
Association and support for the expansion of crop groups for the active
ingredient sodium chlorite. The second comment was submitted by a
member of the general public, and raised issues related to the safety
of the tolerance exemption in this action, including the potential for
thyroid gland tumors and neurotoxic effects in the available toxicity
database for sodium chlorate. Furthermore, the commenter noted that
chlorate has been banned in the European Union due to concerns that
chlorate can decrease iodine uptake, causing thyroid problems.
With regard to potential thyroid effects, EPA explained in the 2018
rulemaking (and supporting risk assessments) that while there was some
evidence of thyroid gland tumors found in the drinking water study, EPA
concluded that exposure to chlorate would not likely pose cancer risk
because the Agency was regulating exposure at doses lower than the high
doses required to induce tumors. See Chlorate; Pesticide Exemptions
From Tolerance, 83 FR 66138, 66139 (FRL-9986-85, December 26, 2018).
EPA conducted a quantitative assessment in which it concluded that
risks would not exceed safe levels, (i.e., the levels at which no
chronic nor carcinogenic effects would be expected) and thus there is
no expectation that exposure to chlorate would result in cancer. In
this rule, EPA has concluded that the additional uses will not
meaningfully increase residues of chlorate on food, and thus there is
similarly no expectation that exposure to chlorate would result in
thyroid gland tumors.
The commenter (Docket ID EPA-HQ-OPP-2021-0516) also states that
sodium chlorate has not been evaluated for neurotoxic effects. As
discussed in the 2018 EPA Risk Assessment, neurotoxic effects were not
observed in any of the available acute, subchronic, and reproduction
toxicity studies. Therefore, the potential for neurotoxic effects is
not a concern for chlorate.
Regarding the supporting materials provided by the commenter, it is
unclear to the Agency what specific points the materials are meant to
support. The Dobson (2002) citation is a publication from the
International Programme on Chemical Safety (IPCS)--a cooperative
program of the World Health Organization (WHO), the International
Labour Organization (ILO), and the United Nations Environment Programme
(UNEP). It is not a study; therefore, the results reported in the
publication cannot be used to reassess EPA's toxicological endpoints.
Furthermore, none of the Agency's risk assessments found risk levels of
concern for humans for the currently registered pesticidal uses of
sodium chlorate. The Trinetta et al. (2011) study cited concludes,
``(c)hlorine dioxide technology leaves minimal to no detectable
chemical residues in several food products, thus result in no
significant risks to consumers.'' Therefore, the Trinetta study seems
to support the conclusions from the Agency's recent risk assessments
(2021 EPA Revised DRA, 2022 EPA Risk Assessment).
Furthermore, the Agency acknowledges the commenter's concerns about
environmental impacts, including potential toxicity to algae, but notes
that this topic is not required for consideration for an EPA
determination of safety under the FFDCA, which stipulates only that EPA
consider human health risks.
There was one public comment that was received in response to the
revised Notice of Filing submitted on January 13, 2025 (located under
the Docket ID EPA-HQ-OPP-2021-0516 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>),
from a member of the general public, supported the expansion of crop
groups for products containing the active ingredient sodium chlorite as
a post-harvest application of gaseous chlorine dioxide. The Agency
acknowledges the public commenter's submission in support of expanding
the tolerance exemption to cover certain crop groups for the active
ingredient sodium chlorite.
In conclusion, the public comments do not include any information
that alters the Agency's conclusion regarding the safety of the
chlorate tolerance exemption.
C. Revisions to Petitioned-For Tolerances
The petitioner requested tolerances on several crop groups that
have been updated. Specifically, crop groups 3, 8, 10, 11, 12, 13, 14,
and 16 have been updated. As stated in EPA's regulations (40 CFR
180.40(j)(4)), once the revised crop group is established, EPA will no
longer establish tolerances under pre-existing crop groups. As such,
EPA is establishing the requested tolerance exemptions with the updated
crop groupings which are supported by the Agency's qualitative
assessments.
V. Conclusion
Therefore, an exemption from the requirement of a tolerance is
established for residues of chlorate in or on commodities in the
following crop groups: Vegetable, root and tuber, group 1; Vegetable,
bulb, group 3-07; Vegetable, fruiting, group 8-10; vegetable, cucurbit,
group 9; Fruit, citrus, group 10-10; Fruit, pome, group 11-10; Fruit,
stone, group 12-12; Berry and small fruit, group 13-07; Nut, tree,
group 14-12; Grain, cereal, forage, hay, stover, and straw, group 16-
22; Grass, forage, fodder and hay, group 17; Animal feed, nongrass,
group 18; Fungi, edible, group 21; Fruit, tropical and subtropical,
edible peel, group 23; and Fruit tropical and subtropical, inedible
peed, group 24.
VI. 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/and-executive-orders">https://www.epa.gov/laws-regulations/and-executive-orders</a>.
[[Page 4013]]
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 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 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, 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 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 review documents,
located in the applicable 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: January 26, 2026.
Edward Messina,
Director, 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. Revise Sec. 180.1364 to read as follows:
Sec. 180.1364 Chlorate; exemption from the requirement of a
tolerance.
Residues of chlorate in or on commodities in the following crop
groups are exempt from the requirement of a tolerance when resulting
from the application of gaseous chlorine dioxide as a fungicide,
bactericide, or antimicrobial pesticide: Vegetable, root and tuber,
group 1; Vegetable, bulb, group 3-07; Vegetable, fruiting, group 8-10;
vegetable, cucurbit, group 9; Fruit, citrus, group 10-10; Fruit, pome,
group 11-10; Fruit, stone, group 12-12; Berry and small fruit, group
13-07; Nut, tree, group 14-12; Grain, cereal, forage, hay, stover, and
straw, group 16-22; Grass, forage, fodder and hay, group 17; Animal
feed, nongrass, group 18; Fungi, edible, group 21; Fruit, tropical and
subtropical, edible peel, group 23; and Fruit tropical and subtropical,
inedible peel, group 24.
[FR Doc. 2026-01902 Filed 1-29-26; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 30, 2026.
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