Rule2026-06953
Polyethylhexyl Glycidyl Ether Polyethylene Oxide Copolymer in Pesticide Formulations; Exemption From the Requirement for a 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
April 10, 2026
Effective
April 10, 2026
Issuing agencies
Environmental Protection Agency
Abstract
This regulation establishes an exemption from the requirement of a tolerance for residues of polyethylhexyl glycidyl ether polyethylene oxide copolymer (CAS Reg. No. 82780-16-3) when used as an inert ingredient (wetting agent or surfactant) on growing crops and raw agricultural commodities pre- and post-harvest limited to no more than 10% by weight of the pesticide formulation. Spring Regulatory Sciences on behalf of Ashland Specialty Ingredients G.P. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of polyethylhexyl glycidyl ether polyethylene oxide copolymer, when used in accordance with the terms of the exemption.
Full Text
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[Federal Register Volume 91, Number 69 (Friday, April 10, 2026)]
[Rules and Regulations]
[Pages 18294-18299]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06953]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2025-0155; FRL-13295-01-OCSPP]
Polyethylhexyl Glycidyl Ether Polyethylene Oxide Copolymer in
Pesticide Formulations; Exemption From the Requirement for a 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 polyethylhexyl glycidyl ether
polyethylene oxide copolymer (CAS Reg. No. 82780-16-3) when used as an
inert ingredient (wetting agent or surfactant) on growing crops and raw
agricultural commodities pre- and post-harvest limited to no more than
10% by weight of the pesticide formulation. Spring Regulatory Sciences
on behalf of Ashland Specialty Ingredients G.P. submitted a petition to
EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting
establishment of an exemption from the requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of polyethylhexyl glycidyl ether polyethylene oxide
copolymer, when used in accordance with the terms of the exemption.
DATES: This regulation is effective April 10, 2026. Objections and
requests for hearings must be received on or before June 9, 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-2025-0155, 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 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#76243230243819021f1513053613061758111900"><span class="__cf_email__" data-cfemail="3f6d7b796d71504b565c5a4c7f5a4f5e11585049">[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
proposed 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(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
[[Page 18295]]
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-2025-0155 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 June 9, 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 ``Order Urging Electronic Filing and Service,'' dated
December 3, 2025, which can be found at <a href="https://www.epa.gov/system/files/documents/2025-12/2025-12-03-order-urging-electronic-filing-and-service.pdf">https://www.epa.gov/system/files/documents/2025-12/2025-12-03-order-urging-electronic-filing-and-service.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. Petition for Exemption
In the Federal Register of July 3, 2025 (90 FR 29516, FRL-12474-05-
OCSPP), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the filing of a pesticide petition (PP IN-11878) by
Ashland Specialty Ingredients G.P., 8145 Blazer Drive, Wilmington, DE
19808. The petition requested that 40 CFR be amended by establishing an
exemption from the requirement of a tolerance for residues of
polyethylhexyl glycidyl ether polyethylene oxide copolymer (CAS Reg.
No. 82780-16-3) when used as an inert ingredient (wetting agent or
surfactant) in pesticide formulations applied to growing crops or raw
agricultural commodities pre- and post-harvest under 40 CFR 180.910 at
no more than 10% by weight of the pesticide formulation. That document
referenced a summary of the petition prepared by Spring Regulatory
Sciences on behalf of Ashland Specialty Ingredients G.P., the
petitioner, which is available in the docket. There were no comments
received in response to the notice of filing.
III. Inert Ingredient Definition
Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.
IV. Final Tolerance Action
A. EPA's Safety Determination
EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no harm to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), 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 polyethylhexyl glycidyl ether
polyethylene oxide copolymer including exposure resulting from the
exemption established by this action. EPA's assessment of exposures and
risks associated with polyethylhexyl glycidyl ether polyethylene oxide
copolymer follows.
B. Toxicological Profile
EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by polyethylhexyl glycidyl ether
polyethylene oxide copolymer as well as the no-observed-adverse-effect-
level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from
the toxicity studies are discussed in this unit.
[[Page 18296]]
The toxicological database of polyethylhexyl glycidyl ether
polyethylene oxide copolymer is supported by data regarding
ethylhexylglycerin. Polyethylhexyl glycidyl ether polyethylene oxide
copolymer may hydrolyze to ethylhexylglycerin. Therefore, EPA has
determined that it is appropriate to bridge ethylhexylglycerin data to
assess polyethylhexyl glycidyl ether polyethylene oxide copolymer.
Polyethylhexyl glycidyl ether polyethylene oxide copolymer exhibits
low levels of acute toxicity via the oral, dermal, and inhalation
routes of exposure. Polyethylhexyl glycidyl ether polyethylene oxide
copolymer is not anticipated to be an eye irritant or a skin sensitizer
at low concentrations. It is not anticipated to be a dermal irritant.
Reduced fertility index in females was observed in the available one-
generation reproduction toxicity study with the surrogate
ethylhexylglycerin at high doses only (800 mg/kg/day). There is no
evidence of offspring susceptibility in the available developmental
toxicity study or in the one-generation reproductive toxicity study
with ethylhexylglycerin. Concern for carcinogenicity is low, based on
negative results in mutagenicity and genotoxicity studies in rats and
lack of relevant structural alerts for carcinogenicity.
C. Toxicological Points of Departure/Levels of Concern
Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see <a href="https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-assessment-pesticide-program">https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-assessment-pesticide-program</a>.
An acute dietary endpoint was not selected because no effect
attributable to a single dose was identified in the database. The one
generation reproduction toxicity study in rats was selected for the
chronic dietary exposure scenario as well as short- and intermediate-
term incidental oral, dermal and inhalation exposure scenarios. The
NOAEL of 200 mg/kg/day and LOAEL of 800 mg/kg/day, based on decreased
fertility index in female rats, are selected for risk assessment. The
study is appropriate for the duration of exposure, protective of all
subchronic effects, protective of the general population, and are
protective of the most sensitive lifestage (children). The standard
inter- and intra-species uncertainty factors of 10x are applied (Total
uncertainty factor = 100x). A dermal absorption factor of 55% is
applied. The default factor of 100% is applied for the inhalation
absorption rate.
D. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to polyethylhexyl glycidyl ether polyethylene oxide copolymer,
EPA considered exposure under the proposed exemption from the
requirement of a tolerance. EPA assessed dietary exposures from
polyethylhexyl glycidyl ether polyethylene oxide copolymer in food as
follows:
In conducting the dietary exposure assessment using the Dietary
Exposure Evaluation Model DEEM-FCIDTM, Version 4.02, EPA used food
consumption information from the U.S. Department of Agriculture's
(USDA's) 2005-2010 National Health and Nutrition Examination Survey,
What We Eat in America (NHANES/WWEIA). As to residue levels in food, no
residue data were submitted for polyethylhexyl glycidyl ether
polyethylene oxide copolymer. In the absence of specific residue data,
EPA has developed an approach which uses surrogate information to
derive upper bound exposure estimates for the subject inert ingredient.
Upper bound exposure estimates are based on the highest tolerance for a
given commodity from a list of high use insecticides, herbicides, and
fungicides. A complete description of the general approach taken to
assess inert ingredient risks in the absence of residue data is
contained in the memorandum entitled ``Update to D361707: Dietary
Exposure and Risk Assessments for the Inerts.'' (12/21/2021) and can be
found at <a href="http://www.regulations.gov">http://www.regulations.gov</a> in docket ID number EPA-HQ-OPP-
2018-0090.
In the dietary exposure assessments, the Agency assumed that the
residue level of the inert ingredient would be no higher than the
highest tolerance for a given commodity. Implicit in this assumption is
that there would be similar rates of degradation (if any) between the
active and inert ingredients and that the concentration of the inert
ingredient in the scenarios leading to these highest levels of
tolerances would be no higher than the concentration of the active
ingredient. The Agency believes the assumptions used to estimate
dietary exposures lead to an extremely conservative assessment of
dietary risk due to a series of compounded conservatisms. First,
assuming that the level of residue for an inert ingredient is equal to
the level of residue for the active ingredient will overstate exposure.
The concentrations of active ingredients in agricultural products are
generally at least 50 percent of the product and often can be much
higher. Further, pesticide products rarely have a single inert
ingredient; rather there is generally a combination of different inert
ingredients used which additionally reduces the concentration of any
single inert ingredient in the pesticide product in relation to that of
the active ingredient. In the case of polyethylhexyl glycidyl ether
polyethylene oxide copolymer, EPA made a specific adjustment to the
dietary exposure assessment to account for the use limitations of the
amount of polyethylhexyl glycidyl ether polyethylene oxide copolymer
that may be in pesticide formulations (limited to no more than 10% by
weight) present at the maximum limitation rather than at equal
quantities with the active ingredient.
For the purpose of the screening level dietary risk assessment, a
conservative drinking water concentration value of 100 parts per
billion (ppb) based on screening level modeling was used to assess the
contribution to drinking water for the chronic dietary risk assessments
for polyethylhexyl glycidyl ether polyethylene oxide copolymer.
2. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables).
[[Page 18297]]
Although there is a non-pesticidal use for polyethylhexyl glycidyl
ether polyethylene oxide copolymer, no reliable exposure information is
available to EPA on that use. Polyethylhexyl glycidyl ether
polyethylene oxide copolymer may also be used as an inert ingredient in
pesticide products that are registered for specific uses that may
result in residential exposure, such as pesticides used in and around
the home. Therefore, screening level residential handler and post-
application risk assessments have been performed for common residential
exposure scenarios, using assumptions detailed in the 2012 Residential
Standard Operating Procedures (available at <a href="https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide">https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide</a>).
3. Cumulative effects from substances with a common mechanism of
toxicity. 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.''
EPA has not found polyethylhexyl glycidyl ether polyethylene oxide
copolymer to share a common mechanism of toxicity with any other
substances, and polyethylhexyl glycidyl ether polyethylene oxide
copolymer does not appear to produce a toxic metabolite produced by
other substances. For the purposes of this tolerance exemption,
therefore, EPA has assumed that polyethylhexyl glycidyl ether
polyethylene oxide copolymer does not have a common mechanism of
toxicity with other substances. For information regarding EPA's efforts
to determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's website at
<a href="https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides">https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides</a>.
E. Additional Safety Factor for the Protection of 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 database on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. This additional margin of
safety is commonly referred to as the FQPA Safety Factor (SF). In
applying this provision, EPA either retains the default value of 10X,
or uses a different additional safety factor when reliable data
available to EPA support the choice of a different factor.
Based on the evaluation of available toxicity studies, there is low
concern for pre- and postnatal susceptibility from exposure to
polyethylhexyl glycidyl ether polyethylene oxide copolymer. The FQPA
safety factor has been reduced to 1X because: (1) the toxicity database
is adequate to characterize potential pre- and postnatal risk; (2) no
developmental effects were observed in the one-generation reproduction
or developmental toxicity studies in rats; (3) the established PoD (200
mg/kg/day) will be protective of the decreased fertility index seen in
female rats at 800 mg/kg/day in the one-generation reproduction
toxicity study in rats; (4) no evidence of neurotoxicity was observed
in the database; and (5) the assumptions for the exposure assessment
are conservative and unlikely to underestimate risk.
F. 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 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 MOE exists.
1. Acute risk. An acute aggregate risk assessment takes into
account acute exposure estimates from dietary consumption of food and
drinking water. No adverse effect resulting from a single oral exposure
was identified and no acute dietary endpoint was selected. Therefore,
polyethylhexyl glycidyl ether polyethylene oxide copolymer is not
expected to pose an acute risk.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
polyethylhexyl glycidyl ether polyethylene oxide copolymer from food
and water will utilize 2.8% and 10.3% of the cPAD for the U.S.
population and children 1-2 years old (the most highly exposed
populations). A chronic aggregate risk assessment considers exposure
estimates from chronic dietary consumption of food and drinking water.
Therefore, the chronic aggregate risk is equal to the chronic dietary
risk, and it is not of concern.
3. Short-term risks. Short-term aggregate exposure takes into
account short-term residential exposures plus chronic exposures to food
and water (considered to be a background exposure level).
Polyethylhexyl glycidyl ether polyethylene oxide copolymer may be
used as an inert ingredient in pesticide products that are registered
for uses that could result in short-term residential exposure, and the
Agency has determined that it is appropriate to aggregate chronic
exposure through food and water with short-term residential exposures
to polyethylhexyl glycidyl ether polyethylene oxide copolymer.
Using the exposure assumptions described in this unit for short-
term exposure, EPA has concluded the combined short-term food, water,
and residential exposures result in an aggregate margin of exposure
(MOE) of 365 for adults. Adult residential exposure combines high end
dermal and inhalation handler exposure from aerosol spray/trigger pump
with a high-end post application dermal exposure from contact with
treated lawns. The combined short-term aggregated food, water, and
residential pesticide exposures result in an aggregate MOE of 211 for
children. Children's residential exposure includes total exposures
associated with contact with treated lawns (dermal and hand-to-mouth
exposures). Because EPA's level of concern for polyethylhexyl glycidyl
ether polyethylene oxide copolymer is an MOE of 100 or below, these
MOEs are not of concern.
4. Intermediate-term risks. Intermediate-term aggregate exposures
take into account intermediate-term residential exposures plus chronic
exposures to food and water (considered to be a background exposure
level). As the same endpoints were selected for short-term and
intermediate-term exposures, intermediate-term aggregate risk is equal
to the short-term aggregate risk and it is not of concern.
G. Analytical Enforcement Methodology
An analytical method is not required for enforcement purposes since
the Agency is not establishing a numerical tolerance for residues of
polyethylhexyl glycidyl ether polyethylene oxide copolymer in or on any
food commodities. EPA is establishing a limitation on the amount of
polyethylhexyl glycidyl ether polyethylene oxide copolymer that may
[[Page 18298]]
be used in pesticide formulations applied pre- and post-harvest. This
limitation will be enforced through the pesticide registration process
under the Federal Insecticide, Fungicide, and Rodenticide Act
(``FIFRA''), 7 U.S.C. 136 et seq. EPA will not register any pesticide
formulation for food use that exceeds 10% by weight polyethylhexyl
glycidyl ether polyethylene oxide copolymer in the final pesticide
formulations to be applied pre- and post-harvest.
G. Conclusions
Therefore, an exemption from the requirement of a tolerance is
established for residues of polyethylhexyl glycidyl ether polyethylene
oxide copolymer (CAS Reg. No. 82780-16-3) when used as an inert
ingredient (wetting agent or surfactant) in pesticide formulations
applied to growing crops and raw agricultural commodities pre- and
post-harvest under 40 CFR 180.910 limited to no more than 10% by weight
of the pesticide formulation.
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 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 or tolerance exemption 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 (see Unit VI.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 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 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: April 6, 2026.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
For the reasons stated in the preamble, the EPA amends 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. 180.910, amend table 1 by adding, in alphabetical order, an
entry for ``Polyethylhexyl glycidyl ether polyethylene oxide
copolymer'' to read as follows:
Sec. 180.910 Inert ingredients used pre- and post-harvest;
exemptions from the requirement of a tolerance.
* * * * *
[[Page 18299]]
Table 1 to 180.910
----------------------------------------------------------------------------------------------------------------
Inert ingredients Limits Uses
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Polyethylhexyl Glycidyl Ether, 10% by weight.............. Wetting agent or surfactant.
Polyethylene Oxide Copolymer (CAS
Reg. No. 82780-16-3).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2026-06953 Filed 4-9-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on April 10, 2026.
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