Rule2026-07794
Pesticide Tolerances; Implementing Registration Review Decisions for Certain Pesticides (Hydrogen Cyanide, et al.)
Primary source
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Published
April 22, 2026
Effective
April 22, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or Agency) is finalizing several tolerance actions under the Federal Food, Drug, and Cosmetic Act (FFDCA) that the Agency previously determined were necessary or appropriate during the registration review conducted under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). During registration review, EPA reviews all aspects of a pesticide case, including existing tolerances, to ensure that the pesticide continues to meet the standard for registration under FIFRA.
Full Text
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<title>Federal Register, Volume 91 Issue 77 (Wednesday, April 22, 2026)</title>
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[Federal Register Volume 91, Number 77 (Wednesday, April 22, 2026)]
[Rules and Regulations]
[Pages 21386-21389]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07794]
[[Page 21386]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-20-0534; FRL-12765-02-OCSPP]
RIN 2070-ZA16
Pesticide Tolerances; Implementing Registration Review Decisions
for Certain Pesticides (Hydrogen Cyanide, et al.)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
finalizing several tolerance actions under the Federal Food, Drug, and
Cosmetic Act (FFDCA) that the Agency previously determined were
necessary or appropriate during the registration review conducted under
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). During
registration review, EPA reviews all aspects of a pesticide case,
including existing tolerances, to ensure that the pesticide continues
to meet the standard for registration under FIFRA.
DATES: This rule is effective on April 22, 2026. Objections and
requests for hearings must be received on or before June 22, 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-2024-0534, is available through
<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: Caleb Carr, Pesticide Re-Evaluation
Division (7508M), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 566-0636; email address:
<a href="/cdn-cgi/l/email-protection#84e7e5f6f6aae7e5e8e1e6c4e1f4e5aae3ebf2"><span class="__cf_email__" data-cfemail="3c5f5d4e4e125f5d50595e7c594c5d125b534a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document might apply to
them:
<bullet> Crop production (NAICS code 111).
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> Pesticide manufacturing (NAICS code 32532).
If you have any questions regarding the applicability of this
proposed action to a particular entity, consult the person listed under
FOR FURTHER INFORMATION CONTACT.
B. What action is the Agency taking?
EPA is finalizing several tolerance actions that the Agency
proposed in the Federal Register of June 9, 2025 (90 FR 24259 (FRL-
12765-01-OCSPP)), which EPA previously determined were necessary or
appropriate during registration review of the following pesticide
active ingredients: hydrogen cyanide (40 CFR 180.130; Case 8002; EPA-
HQ-OPP-2010-0752), 1-naphthaleneacetic acid (40 CFR 180.155; Case 0379;
EPA-HQ-OPP-2014-0773), carboxin (40 CFR 180.301; Case 0012; EPA-HQ-OPP-
2015-0144), ethofumesate (40 CFR 180.345; Case 2265; EPA-HQ-OPP-2015-
0406), thiobencarb (40 CFR 180.401; Case 2665; EPA-HQ-OPP-2011-0932),
and propylene oxide (40 CFR 180.491; Case 2560; EPA-HQ-OPP-2013-0156).
The tolerance actions for each pesticide active ingredient are
described in detail in Unit III. of the proposed rule. This rulemaking
finalizes the proposed actions and, where applicable, describes any
changes and clarifications from the proposal.
The Agency received two comments on the proposed rule from two
anonymous commenters. For a summary of the comments received and the
Agency's response, see Unit II.
C. What is EPA's authority for taking this action?
FFDCA section 408(e), 21 U.S.C. 346a(e), authorizes EPA to
establish, modify, or revoke tolerances or exemptions from the
requirement of a tolerance on its own initiative. After providing a 60-
day public comment period on a proposed rulemaking, EPA may finalize
the rule.
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. . . .''
D. 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 docket ID number of this final
rule (EPA-HQ-OPP-2024-0534), and the chemical-specific docket ID number
as provided in Unit III of the proposed rule (90 FR 24259) (FRL-12765-
01-OCSPP) 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 22, 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 ``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 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>.
[[Page 21387]]
II. Public Comments
EPA provided a 60-day public comment period for the proposed rule,
which closed on August 8, 2025. EPA received two comments from two
anonymous commenters. One comment expressed concern about how the
production, transportation, and use of pesticides contribute to
greenhouse gas emissions and stated that fumigants, including hydrogen
cyanide, may decompose or interact in the environment in ways that
indirectly release or transform into greenhouse gases. The comment
suggested that such impacts should be considered in future pesticide
tolerance rulemakings and registration decisions. The other comment
expressed general safety concerns.
The existing legal framework provided by section 408 of the FFDCA
authorizes EPA to establish a tolerance when it determines that the
tolerance is safe. Upon consideration of the validity, completeness,
and reliability of the available data as well as other factors that the
FFDCA requires EPA to consider, EPA has determined that the tolerance
actions finalized in this rule are safe. The commenters have made no
contention that EPA has acted in violation of the statutory framework
or that a safety determination cannot be supported. Thus, the Agency is
not making any revisions to the proposed tolerance actions based on
these comments.
III. Final Tolerance Actions
EPA is finalizing the tolerance actions described in Unit III. of
the proposed rule, with the following changes and clarifications:
EPA is revising the date that certain tolerances expire for
ethofumesate (40 CFR 180.345; Case 2265; Docket ID No. EPA-HQ-OPP-2015-
0406) from December 8, 2025, to October 19, 2026. This date is
consistent with EPA's proposal to add an expiration date of 180 days
(approximately 6 months) after the date of publication of the final
rule in the Federal Register for existing tolerances that are lowered
or revoked by the final rule.
The 2025 proposed rule ((90 FR 24259 (FRL-12765-01-OCSPP) included
proposed amendments to the current tolerances for 2,4-DB and
flucarbazone-sodium. EPA plans to finalize the proposed actions for
2,4-DB (40 CFR 180.331; Case 0196; Docket ID No. EPA-HQ-OPP-2013-0661)
and flucarbazone-sodium (40 CFR 180.562; Case 7251; Docket ID No. EPA-
HQ-OPP-2013-0283) at a later date with a separate final rulemaking.
A. EPA's Safety Determination
As noted in Unit II.D. of the proposed rule and the supporting
registration review documents, EPA has assessed the individual risks
from exposure to the pesticide active ingredients identified in this
rule. EPA is finalizing the safety findings contained in Unit III. of
the proposed rule for each of the pesticide active ingredients
identified in this rule.
For further information about pesticide-specific registration
review safety findings, see the public docket that has been opened for
each pesticide, which is available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> using the docket ID number listed in Unit I.B of
this document.
B. Analytical Enforcement Methodology
Adequate enforcement methodology as described in the supporting
registration review documents is available to enforce the tolerance
expressions for each of the pesticide active ingredients identified in
this rule.
C. Conclusion
Except has otherwise noted in this Unit, EPA is finalizing the
tolerance actions described in Unit III. of the proposed rule, with the
changes and clarifications described in this rule.
IV. Effective and Expiration Date(s)
These tolerance actions are effective on the date of publication of
the final rule in the Federal Register. For actions in the final rule
that lower or revoke existing tolerances, EPA has set an expiration
date for the existing tolerance of 180 days after the date of
publication of the final rule in the Federal Register to allow a
reasonable interval for producers in exporting members of the World
Trade Organization's (WTO's) Sanitary and Phytosanitary (SPS) Measures
Agreement to adapt to the requirements.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review
This action is exempt from review under Executive Order 12866 (58
FR 51735, October 4, 1993), because it establishes or modifies a
pesticide tolerance or a tolerance exemption under FFDCA section 408.
This exemption also applies to tolerance revocations for which
extraordinary circumstances do not exist. As such, this exemption
applies to the tolerance revocations in this final rule because the
Agency knows of no extraordinary circumstances that warrant
reconsideration of this exemption for those tolerance revocations.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
Executive Order 14192 (90 FR 9065, February 6, 2025) does not apply
because actions that establish a tolerance under FFDCA section 408 are
exempted from review under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA 44 U.S.C. 3501 et seq., because it does not contain any
information collection activities.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, EPA concludes that the
impact of concern for this action is any significant adverse economic
impact on small entities and that the Agency is certifying that this
action will not have a significant economic impact on a substantial
number of small entities because the action has no net burden on small
entities subject to this rulemaking. As discussed in the proposed rule,
this determination takes into account several EPA analyses of potential
small entity impacts for tolerance actions. EPA did not receive any
comments about the Agency's determination for this rulemaking.
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.
[[Page 21388]]
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because it will
not have substantial direct effects on Tribal governments, on the
relationship between the Federal government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not a significant regulatory action under
section 3(f)(1) of Executive Order 12866 (See Unit V.A.), and because
EPA does not believe the environmental health or safety risks addressed
by this action present a disproportionate risk to children. However,
EPA's 2026 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 does not meet the
criteria set forth in 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 16, 2026.
Edward Messina,
Director, Office of Pesticide Programs.
For the reasons set forth in the preamble, EPA is amending 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. Amend Sec. 180.130 by revising paragraph (a) to read as follows:
Sec. 180.130 Hydrogen Cyanide; tolerances for residues.
(a) General. Tolerances are established for residues of sodium
cyanide, including its metabolites and degradates, in or on the
commodities in Table 1 to this paragraph (a). Compliance with the
tolerance level specified in Table 1 to this paragraph (a) is to be
determined by measuring only hydrogen cyanide in or on the commodity.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Fruit, citrus, group 10-10................................ 50
------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 180.155 by:
0
a. Adding table heading ``Table 1 to Paragraph (a)'' to the table in
paragraph (a);
0
b. Revising the entry ``Rambutan''; and
0
c. Revising footnote 1 for ``Table 1 to Paragraph (a)''.
The revisions and additions read as follows:
Sec. 180.155 1-Naphthaleneacetic acid; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Rambutan.................................................. 2
* * * * *
------------------------------------------------------------------------
\1\ There are no U.S. registrations for this commodity.
* * * * *
0
4. Amend Sec. 180.301 by:
0
a. Revising the introductory text of paragraph (a); and
0
b. In the table in paragraph (a):
0
i. Adding table heading ``Table 1 to Paragraph (a)'';
0
ii. Adding the entry ``Barley, hay'' in alphabetical order;
0
iii. Removing the entry ``Canola, seed''; and
0
iv. Adding entries ``Cotton, gin byproducts'', ``Oat, hay'',
``Rapeseed, seed'', and ``Wheat, hay'' in alphabetical order.
The revisions and additions read as follows:
Sec. 180.301 Carboxin; tolerances for residues.
(a) General. Tolerances are established for residues of carboxin,
5,6-dihydro-2-methyl-N-phenyl-1,4-oxathiin-3-carboxamide, including its
metabolites and degradates, in or on the commodities in Table 1 to
Paragraph (a). Compliance with the tolerance levels specified in Table
1 to Paragraph (a) is to be determined by measuring only those carboxin
residues convertible to aniline, expressed as the stoichiometric
equivalent of carboxin, in or on the commodities.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Barley, hay................................................ 0.2
* * * * *
Cotton, gin byproducts..................................... 3
* * * * *
Oat, hay................................................... 0.2
* * * * *
Rapeseed, seed............................................. 0.03
* * * * *
Wheat, hay................................................. 0.2
* * * * *
------------------------------------------------------------------------
* * * * *
0
5. Amend Sec. 180.345 by:
0
a. In the table in paragraph (a):
[[Page 21389]]
0
i. Adding table heading ``Table 1 to Paragraph (a)'';
0
ii. Adding the entry ``Beet, garden, leaves'' in alphabetical order;
0
iii. Removing the entry ``Beet, garden, tops'';
0
iv. Revising the entries ``Beet, sugar, molasses'' and ``Beet, sugar,
tops'';
0
v. Removing the entry ``Garlic'';
0
vi. Adding the entries ``Garlic, bulb'' and ``Grass, forage, fodder and
hay, group 17, straw'' in alphabetical order; and
0
vii. Removing the entry ``Grass, straw'';
0
b. Revising the table in paragraph (c); and
0
c. Revising paragraph (d).
The revisions and additions read as follows:
Sec. 180.345 Ethofumesate; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Beet, garden, leaves....................................... 5
* * * * *
Beet, sugar, molasses...................................... 2
* * * * *
Beet, sugar, tops \1\...................................... 4
* * * * *
Garlic, bulb............................................... 0.25
* * * * *
Grass, forage, fodder and hay, group 17, straw............. 1
* * * * *
------------------------------------------------------------------------
\1\ This tolerance expires on October 19, 2026.
* * * * *
(c) * * *
Table 2 to Paragraph (c)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Carrot, roots............................................. 7
------------------------------------------------------------------------
(d) Indirect or inadvertent residues. Tolerances are established
for the combined indirect or inadvertent residues of the herbicide
ethofumesate, including its metabolites and degradates, in or on the
commodities in Table 3 to this paragraph (d). Compliance with the
tolerance levels specified in Table 3 to this paragraph (d) is to be
determined by measuring only the sum of ethofumesate, 2-ethoxy-2,3-
dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate, and its
metabolites 2-hydroxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl
methanesulfonate, and 2,3-dihydro-3,3-dimethyl-2-oxo-5-
benzofuranylmethanesulfonate, calculated as the stoichiometric
equivalent of ethofumesate, in or on the commodity.
Table 3 to Paragraph (d)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Animal feed, nongrass, group 18............................ 1.5
Grain, cereal, forage, hay, stover, and straw, group 16-22. 1.5
Vegetable, legume, forage and hay, group 7-22.............. 0.5
------------------------------------------------------------------------
0
6. Amend Sec. 180.401 by:
0
a. Revising the introductory text of paragraph (a);
0
b. In the table in paragraph (a):
0
i. Adding table heading ``Table 1 to Paragraph (a)''; and
0
ii. Adding entries for ``Celery'', ``Endive'', ``Lettuce, head'', and
``Lettuce, leaf'' in alphabetical order; and
0
c. Removing and reserving paragraph (c).
The revisions and additions read as follows:
Sec. 180.401 Thiobencarb; tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide thiobencarb, including its metabolites and degradates, in or
on the commodities in Table 1 to this paragraph (a). Compliance with
the tolerance levels specified in Table 1 to this paragraph (a) is to
be determined by measuring only the sum of thiobencarb and its
metabolites containing the chlorobenzyl or chlorophenyl moieties,
calculated as the stoichiometric equivalent of thiobencarb, in or on
the commodity.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Celery \1\................................................. 0.2
* * * * *
Endive \1\................................................. 0.2
* * * * *
Lettuce, head \1\.......................................... 0.2
Lettuce, leaf \1\.......................................... 0.2
* * * * *
------------------------------------------------------------------------
\1\ There are no U.S. registrations for this commodity.
* * * * *
(c) [Reserved]
* * * * *
0
7. Amend Sec. 180.491 by revising paragraph (a) to read as follows:
Sec. 180.491 Propylene oxide; tolerances for residues.
(a) General. Tolerances are established for residues of the
fumigant propylene oxide, including its metabolites and its degradates,
including the reaction products propylene chlorohydrin and propylene
bromohydrin, in or on the commodities in Table 1 to this paragraph (a).
Compliance with the tolerance levels specified in Table 1 to this
paragraph (a) is to be determined by measuring only propylene oxide in
or on the commodity.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cacao bean, cocoa powder................................... 200
Cacao bean, dried bean..................................... 200
Fig, dried................................................. 3
Garlic, dried.............................................. 300
Grape, raisin.............................................. 1
Herbs and spices, group 19, dried.......................... 300
Nut, tree, group 14-12..................................... 300
Onion, dried............................................... 300
Plum, prune, dried......................................... 2
------------------------------------------------------------------------
* * * * *
[FR Doc. 2026-07794 Filed 4-21-26; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.