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Routine Rule Added Final

Polyethylhexyl Glycidyl Ether Polyethylene Oxide Copolymer Tolerance Exemption

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Summary

EPA issued a final rule establishing an exemption from tolerance requirements for polyethylhexyl glycidyl ether polyethylene oxide copolymer (CAS Reg. No. 82780-16-3) when used as an inert ingredient in pesticide formulations. The exemption applies to use on growing crops and raw agricultural commodities pre- and post-harvest, limited to no more than 10% by weight of the pesticide formulation. This action eliminates the need for manufacturers to establish maximum permissible residue levels for this surfactant.

Published by Environmental Protection Agency on federalregister.gov . Detected, standardized, and enriched by GovPing. Review our methodology and editorial standards .

What changed

EPA has established a new tolerance exemption for polyethylhexyl glycidyl ether polyethylene oxide copolymer when used as an inert ingredient in pesticide formulations. The exemption applies to use on growing crops and raw agricultural commodities pre- and post-harvest, with a maximum concentration of 10% by weight of the pesticide formulation.\n\nPesticide manufacturers and agricultural producers benefit from this action, which eliminates the need to establish and monitor maximum residue limits for this surfactant. Chemical manufacturers seeking similar exemptions should ensure petitions include sufficient safety data under FFDCA section 408 standards.

What to do next

  1. Verify that pesticide formulations containing this copolymer do not exceed the 10% by weight limit
  2. Monitor the compliance deadline of June 9, 2026 for filing objections or hearing requests
  3. Review 40 CFR Part 180 for implementation details

Archived snapshot

Apr 10, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

Rule

Polyethylhexyl Glycidyl Ether Polyethylene Oxide Copolymer in Pesticide Formulations; Exemption From the Requirement for a Tolerance

A Rule by the Environmental Protection Agency on 04/10/2026

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  • Public Inspection Published Document: 2026-06953 (91 FR 18294) Document Headings ###### Environmental Protection Agency
  1. 40 CFR Part 180
  2. [EPA-HQ-OPP-2025-0155; FRL-13295-01-OCSPP]

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

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 https://www.regulations.gov. Additional information about dockets generally, along with instructions for visiting the docket in-person, is available at https://www.epa.gov/​dockets.

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: RDFRNotices@epa.gov.

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:

  • Crop production (NAICS code 111).
  • Animal production (NAICS code 112).
  • Food manufacturing (NAICS code 311).
  • 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 ( printed 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 https://www.epa.gov/​system/​files/​documents/​2025-12/​2025-12-03-order-urging-electronic-filing-and-service.pdf. 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 https://yosemite.epa.gov/​oa/​eab/​eab-alj_​upload.nsf.

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 https://www.regulations.gov. 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 https://www.epa.gov/​dockets/​commenting-epa-dockets#rules 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. ( printed 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 https://www.epa.gov/​pesticide-science-and-assessing-pesticide-risks/​overview-risk-assessment-pesticide-program.

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 http://www.regulations.gov 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.

  1. 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). ( printed 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 https://www.epa.gov/​pesticide-science-and-assessing-pesticide-risks/​standard-operating-procedures-residential-pesticide).

  1. 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 https://www.epa.gov/​pesticide-science-and-assessing-pesticide-risks/​cumulative-assessment-risk-pesticides.

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.

  1. 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 ( printed 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 https://www.epa.gov/​laws-regulations/​laws-and-executive-orders.

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 https://www.regulations.gov.

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

  1. The authority citation for part 180 continues to read as follows:

Authority: 21 U.S.C. 321(q), 346a and 371.

  1. In § 180.910, amend table 1 by adding, in alphabetical order, an entry for “Polyethylhexyl glycidyl ether polyethylene oxide copolymer” to read as follows:

§ 180.910 Inert ingredients used pre- and post-harvest; exemptions from the requirement of a tolerance. * * * * * ( printed page 18299)
| Inert ingredients | Limits | Uses |
| --- | --- | --- |
| | | |
|                                                       * | | |
| Polyethylhexyl Glycidyl Ether, Polyethylene Oxide Copolymer (CAS Reg. No. 82780-16-3) | 10% by weight | Wetting agent or surfactant. |
| | | |
|                                                       * | | |
[FR Doc. 2026-06953 Filed 4-9-26; 8:45 am]

BILLING CODE 6560-50-P

Published Document: 2026-06953 (91 FR 18294)

CFR references

40 CFR 180

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Last updated

Classification

Agency
Environmental Protection Agency
Published
April 10th, 2026
Compliance deadline
June 9th, 2026 (54 days)
Instrument
Rule
Legal weight
Binding
Stage
Final
Change scope
Minor
Document ID
91 FR 18294 / EPA-HQ-OPP-2025-0155
Docket
EPA-HQ-OPP-2025-0155 FRL-13295-01-OCSPP

Who this affects

Applies to
Agricultural firms Manufacturers Food manufacturers
Industry sector
3254 Chemical Manufacturing
Activity scope
Pesticide formulation Crop production
Threshold
No more than 10% by weight of pesticide formulation
Geographic scope
United States US

Taxonomy

Primary area
Agriculture
Operational domain
Compliance
Topics
Environmental Protection Product Safety Administrative practice and procedure Agricultural commodities Environmental protection

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