Various Fragrance Components in Pesticide Formulations; Exemption From the Requirement for a Tolerance

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 180</CFR> <DEPDOC>[EPA-HQ-OPP-2021-0311; FRL-12962-01-OCSPP]</DEPDOC> <SUBJECT>Various Fragrance Components in Pesticide Formulations; Exemption From the Requirement for a Tolerance</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> This regulation establishes an exemption from the requirement of a tolerance for residues of various fragrance components listed in Unit II of this document when used as an inert ingredient in antimicrobial formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils under 40 CFR 180.940(a) when the end-use concentration does not exceed 5 parts per million (ppm). Under the Federal Food, Drug, and Cosmetic Act (FFDCA), Innovative Reform Group, on behalf of The Clorox Company, submitted a petition to EPA requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of various fragrance components, when used in accordance with the terms of those exemptions. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This regulation is effective November 17, 2025. Objections and requests for hearings must be received on or before January 16, 2026 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of this document). </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2021-0311, is available online at <E T="03">https://www.regulations.gov.</E> Additional information about dockets generally, along with instructions for visiting the docket in-person, is available at <E T="03">https://www.epa.gov/dockets.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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: <E T="03">RDFRNotices@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Executive Summary</HD> <HD SOURCE="HD2">A. Does this action apply to me?</HD> 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 <E T="02">FOR FURTHER INFORMATION CONTACT</E> . <HD SOURCE="HD2">B. What is EPA's authority for taking this action?</HD> EPA is issuing this rulemaking under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. FFDCA section 408(c)(2)(A)(i) allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the exemption is “safe.” FFDCA section 408(c)(2)(A)(ii) defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings but does not include occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in establishing or maintaining in effect an exemption from the requirement of a tolerance, EPA must take into account the factors set forth in FFDCA section 408(b)(2)(C), which require EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .” Additionally, FFDCA section 408(b)(2)(D) requires that the Agency consider, among other things, “available information concerning the cumulative effects of a particular pesticide's residues” and “other substances that have a common mechanism of toxicity.” <HD SOURCE="HD2">C. How can I file an objection or hearing request?</HD> Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. If you fail to file an objection to the final rule within the time period specified in the final rule, you will have waived the right to raise any issues resolved in the final rule. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify the docket ID number EPA-HQ-OPP-2021-0311 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before January 16, 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. <E T="03">See</E> “Revised Order Urging Electronic Filing and Service,” dated June 22, 2023, which can be found at <E T="03">https://www.epa.gov/system/files/documents/2023-06/2023-06-22%20-%20revised%20order%20urging%20electronic%20filing%20and%20service.pdf.</E> 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 <E T="03">https://yosemite.epa.gov/oa/eab/eab-alj_upload.nsf.</E> 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 <E T="03">https://www.regulations.gov.</E> 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 <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets#rules</E> 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. <HD SOURCE="HD1">II. Petition for Exemption</HD> In the <E T="04">Federal Register</E> of June 1, 2021 (86 FR 29229, FRL-10023-95), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the filing of a pesticide petition (PP IN-11402) by Innovative Reform Group, on behalf of The Clorox Company, 4900 Johnson Dr., Pleasanton, CA 94588. The petition requested that 40 CFR be amended by establishing an exemption from the requirement of a tolerance for residues of 2′-Acetonaphthone (CAS Reg. No. 93-08-3); Allyl phenoxyacetate (CAS Reg. No.7493-74-5); trans-Anethole (CAS Reg. No. 4180-23-8); Benzene, 1-(cyclopropylmethyl)-4-methoxy- (CAS Reg. No. 16510-27-3); Benzothiazole (CAS Reg. No. 95-16-9); 5,7-Dihydro-2-methylthieno(3,4-d)pyrimidine (CAS Reg. No. 36267-71-7); 1,3-Dioxolane-2-acetic acid, 2-methyl-, ethyl ester (CAS Reg. No. 6413-10-1); Diphenyl ether (CAS Reg. No. 101-84-8); Ethyl 2,4-dimethyldioxolane-2-acetate (CAS Reg. No. 6290-17-1); 5-Ethyl-3-hydroxy-4-methyl-2(5H)-furanone (CAS Reg. No. 698-10-2); Ethyl methylphenylglycidate (CAS Reg. No. 77-83-8); Ethyl 3-phenylglycidate (CAS Reg. No. 121-39-1); Ethyl (p-tolyloxy)acetate (CAS Reg. No. 67028-40-4); Fenner oil bitter (Foeniculum vulgare Miller) (CAS Reg. No. 8006-84-6); Isobutyl 3-(2-furan)propionate (CAS Reg. No. 105-01-1); Isoeugenyl benzyl ether (CAS Reg. No. 120-11-6); Isoeugenyl methyl ether (CAS Reg. No. 93-16-3); Isoquinoline (CAS Reg. No. 119-65-3); 1-Methoxy-4-propylbenzene (CAS Reg. No. 104-45-0); 4-Methyl-2-(1-phenylethyl)-1,3-dioxolane (CAS Reg. No. 67634-23-5); 4-(3,4-Methylenedioxyphenyl)-2-butanone (CAS Reg. No. 55418-52-5); 1-Methylnaphthalene (CAS Reg. No. 90-12-0); Naphtho{2,1-b}furan, dodecahydro-3a,6,6,9a-tetramethyl- (CAS Reg. No. 3738-00-9); β-Naphthyl ethyl ether (CAS Reg. No. 93-18-5); β-Naphthyl isobutyl ether (CAS Reg. No. 2173-57-1); β-Naphthyl methyl ether (CAS Reg. No. 93-04-9); Oil of anise (CAS Reg. No. 8007-70-3); Oils, star anise (CAS Reg. No. 68952-43-2); Phenoxy ethyl isobutyrate (CAS Reg. No. 103-60-6); 2-(3-Phenylpropyl)tetrahydrofuran (CAS Reg. No. 3208-40-0); Sclareolide (CAS Reg. No. 564-20-5); Tuberose oil (Polianthes tuberosa L.) (CAS Reg. No. 8024-05-3); when used as an inert ingredient (fragrance components) in antimicrobial formulations (food-contact surface sanitizing solutions) applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils under 40 CFR 180.940(a) with end-use concentrations not to exceed 5 ppm. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 157k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━