[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Rules and Regulations]
[Pages 10983-10989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04123]



[[Page 10983]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0364; FRL-9534-01-OCSPP]


Fatty Acids, Esters With Ethoxylated Triethanolamine; Exemption 
From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation establishes an exemption from the requirement 
of a tolerance for residues of fatty acids, tall-oil, esters with 
triethanolamine, ethoxylated (CAS Reg No. 68605-38-9) and fatty acids, 
C8-18 and C18-unsatd., esters with polyethylene 
glycol ether with triethanolamine (3:1) (CAS Reg No. 2464873-19-4) 
(herein referred to 20ETO and 10ETO, respectively) when used as inert 
ingredients (surfactant) in pesticide formulations applied to growing 
crops pre- and post-harvest, not to exceed 10% in the final pesticide 
formulation. Exponent, Inc. on behalf of Lamberti USA, Incorporated 
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 20ETO and 10ETO.

DATES: This regulation is effective February 28, 2022. Objections and 
requests for hearings must be received on or before April 29, 2022, and 
must be filed in accordance with the instructions provided in 40 CFR 
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2021-0364, is available at 
https://www.regulations.gov or at the Office of Pesticide Programs 
Regulatory Public Docket (OPP Docket) in the Environmental Protection 
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., 
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Due to the public health concerns related to 
COVID-19, the EPA Docket Center (EPA/DC) and Reading Room is open to 
visitors by appointment only. For the latest status information on EPA/
DC services and access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document 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).

B. How Can I Get Electronic Access to Other Related Information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Office of the Federal Register's e-CFR site at 
https://www.ecfr.gov/current/title-40.

C. How Can I File an Objection or Hearing Request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. 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 EPA-HQ-OPP-2021-0364 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 
April 29, 2022. Addresses for mail and hand delivery of objections and 
hearing requests are provided in 40 CFR 178.25(b).
    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. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2021-0364, by one of 
the following methods:
     Federal eRulemaking Portal: 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.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of August 3, 2021 (86 FR 41809) (FRL-8792-
01), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 
346a, announcing the filing of a pesticide petition (PP IN-11506) by 
Exponent, Inc. (1150 Connecticut Ave., Suite 1100, Washington, DC 
20036) on behalf of Lamberti USA, Incorporated (P.O. Box 1000, 
Hungerford, TX 77448). The petition requested that the 40 CFR be 
amended by establishing an exemption from the requirement of a 
tolerance for residues of 20ETO (CAS Reg No. 68605-38-9) and 10ETO (CAS 
Reg No. 2464873-19-4) when used as inert ingredients (surfactant) in 
pesticide formulations applied to growing crops pre- and post-harvest 
under 40 CFR 180.910. That document referenced a summary of the 
petition prepared by Exponent, Inc. on behalf of Lamberti USA, 
Incorporated, the petitioner, which is available in the docket, https://www.regulations.gov. No comments were received on the notice of 
filing.
    Based upon review of the data supporting the petition, EPA has 
limited the maximum concentration of 20ETO or 10ETO to not more than 
10% in pesticide formulations for use under 40 CFR 180.910. This 
limitation is based on the Agency's risk assessment which can be found 
at https://www.regulations.gov in the document titled ``Fatty acids, 
Tall-Oil, Esters with Triethanolamine, Ethoxylated (20ETO) and Fatty 
Acids, C8-18 or C18-Unsatd., Esters with

[[Page 10984]]

Polyethylene Glycol Ether with Triethanolamine (3:1) (10ETO); Human 
Health Risk Assessment and Ecological Effects Assessment to Support 
Proposed Exemption from the Requirement of a Tolerance When Used as 
Inert Ingredients in Pesticide Formulations'' in docket ID number EPA-
HQ-OPP-2021-0364.

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. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA 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 tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA 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. Section 408(b)(2)(C) of FFDCA 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 . . . .''
    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 appreciable risks 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 20ETO and 10ETO including 
exposure resulting from the exemption established by this action. EPA's 
assessment of exposures and risks associated with 20ETO and 10ETO 
follows.

A. 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 20ETO and 10ETO 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.
    EPA considered studies on either substance to evaluate the toxicity 
of both substances. Based on the available data, the acute oral 
toxicity is expected to be low for 20ETO and 10ETO because the oral 
LD50 (lethal dose) for 20ETO is greater than 2,000 
milligrams/kilogram (mg/kg). Both substances are also not expected to 
be acutely toxic via dermal exposure, as the LD50 for 20ETO 
is greater than 2,000 mg/kg in rats. The substances are also not 
expected to be irritating to the skin in the rat and rabbit nor 
sensitizing to the guinea pig. However, the substances are expected to 
be minimally irritating to the rabbit eye.
    No repeated-dose toxicity studies are available for 10ETO or 20ETO. 
Therefore, data for triethanolamine (TEA) and fatty acids, tall oil 
were used, based on the predicted degradation pathways of 20ETO and 
10ETO. Subchronic oral toxicity studies in guinea pigs via gavage (TEA) 
and rats (fatty acids, tall oil) via the diet resulted in 
hepatocellular cloudy swelling and fatty change in the liver and cloudy 
swelling of the convoluted tubules and Henle's loop in the kidney at 
400 and 450 mg/kg/day, respectively, following 60- and 120-day 
exposures. The no observed adverse effect level (NOAEL) in these 
studies is 200 and 225 mg/kg/day for the guinea pig and rat, 
respectively. Increased liver and kidney weights and histological 
lesions are observed at 730 mg/kg/day in a 90-day oral toxicity study 
in rats. The NOAEL in this study is 170 mg/kg/day. Chronic exposure via 
drinking water (TEA) resulted in an increased incidence and severity of 
chronic nephropathy at 455 mg/kg/day in rats. No LOAEL was established 
in this study. In mice, decreased body weight was observed at 1,688 mg/
kg/day following chronic exposure via drinking water (TEA).
    In subchronic dermal toxicity studies, no systemic toxicity was 
observed up to 1,000 mg/kg/day, the limit dose, in rats. However, in 
the same study, an increased incidence of hypertrophy of the pituitary 
gland pars intermedia was observed at 2,000 mg/kg/day and dermal 
effects manifested as increased incidence and severity of acanthosis 
and inflammation at 500 mg/kg/day. In mice, no systemic toxicity was 
observed up to 4,000 mg/kg/day following 13 weeks of exposure. Mild 
dermal hyperplasia was observed at 140 mg/kg/day and an increased 
incidence and severity of acanthosis was seen at 250 mg/kg/day.
    Following chronic dermal exposure in rats, an increased incidence 
of acanthosis and inflammation along with ulcers and dermal erosion was 
observed at 63 mg/kg/day.
    A developmental toxicity study showed no maternal or developmental 
toxicity up to 1,125 mg/kg/day in mice. Another developmental toxicity 
study via the dermal exposure showed no toxicity up to 30 mg/kg/day, 
which was the highest dose tested in rats. Further, no parental, 
offspring, or reproduction toxicity was observed in a 2-generation 
reproduction toxicity study in rats (fatty acid, tall oil) up to 5,000 
mg/kg/day. In a combined reproduction/developmental toxicity test, a 
decrease in the number of implantation sites and litter size, and an 
increase in the number of post-implantation loss were observed at 1,000 
mg/kg/day. The NOAEL is 300 mg/kg/day. However,

[[Page 10985]]

there is no concern for fetal susceptibility or reproduction toxicity 
since the cRfD (0.455 mg/kg/day) is protective of effects seen at 1,000 
mg/kg/day.
    Several mutagenicity studies with TEA and fatty acids, tall oil 
(e.g., Ames, chromosome aberration, micronucleus assay, sister 
chromatid exchange, and cell dominant lethal assay) were reviewed and 
the results for these studies are negative.
    Two chronic/carcinogenicity studies in which the test substance was 
administered via drinking water were also reviewed. In mice, decreased 
bodyweight was observed at 1,688 mg/kg/day. The NOAEL is 673 mg/kg/day. 
No evidence of an increased incidence of tumors was seen in this study. 
In rats, chronic nephropathy is observed in female rats at 455 mg/kg/
day. A NOAEL was not established in this study. An increased incidence 
of hepatocellular adenomas was observed at doses greater than 1,000 mg/
kg/day. The chronic reference dose (cRfD) is based on this study.
    Neurotoxicity and immunotoxicity studies are not available for 
review. However, evidence of neurotoxicity and immunotoxicity was not 
observed in the submitted studies.

B. 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/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for 20ETO and 10ETO used 
for human risk assessment is shown in Table 1 of this unit.

   Table 1--Summary of Toxicological Doses and Endpoints for 20ETO and 10ETO for Use in Human Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                    Point of departure
        Exposure/scenario            and uncertainty/     RfD, PAD, LOC for     Study and toxicological effects
                                      safety factors       risk assessment
----------------------------------------------------------------------------------------------------------------
Acute dietary (Females 13 to 50    An acute effect was not found in the database therefore an acute dietary
 years of age, General population   assessment is not necessary.
 including infants and children).
----------------------------------------------------------------------------------------------------------------
Chronic dietary (All populations)  LOAEL= 455 mg/kg/day  Chronic RfD = 0.455  Chronic/Carcinogenicity Study
                                   UFA = 10x...........   mg/kg/day.           (TEA).
                                   UFH = 10x...........  cPAD = 0.455 mg/kg/  LOAEL = 455 mg/kg/day based on
                                   UFL = 10x...........   day..                chronic nephropathy in female
                                   FQPA SF = 1x........                        rats.
----------------------------------------------------------------------------------------------------------------
Incidental oral intermediate-term  NOAEL= 300 mg/kg/day  LOC for MOE = 100..  Combined Reproduction/
 (1 to 6 months).                  UFA = 10x UFH = 10x.                        Developmental (TEA). LOAEL =
                                   FQPA SF = 1x........                        1,000 mg/kg/day based on
                                                                               decreased number of implantation
                                                                               sites and litter size, and an
                                                                               increased number of post-
                                                                               implantation loss.
----------------------------------------------------------------------------------------------------------------
Inhalation short-term (1 to 30     Inhalation study      LOC for MOE = 100..  16-Day Inhalation Toxicity Study
 days).                             NOAEL = 43.39 mg/kg/                       (TEA). LOAEL = 86.77 mg/kg/day
                                    day (inhalation                            based on laryngeal inflammation.
                                    absorption rate =
                                    100%).
                                   UFA = 10x...........
                                   UFH = 10x...........
                                   FQPA SF = 1x........
----------------------------------------------------------------------------------------------------------------
Inhalation intermediate-term (1    Inhalation study      LOC for MOE = 1000.  16-Day Inhalation Toxicity Study
 to 6 months).                      NOAEL = 43.39 mg/kg/                       (TEA) LOAEL = 86.77 mg/kg/day
                                    day (inhalation                            based on laryngeal inflammation.
                                    absorption rate =
                                    100%).
                                   UFA = 10x...........
                                   UFH = 10x...........
                                   UFs = 10x...........
                                   FQPA SF = 1x........
----------------------------------------------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)  There is no evidence of carcinogenicity in the available database. The RfD
                                    approach is protective of any potential carcinogenic effects.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
  UFA = extrapolation from animal to human (interspecies). UFDB = to account for the absence of data or other
  data deficiency. UFH = potential variation in sensitivity among members of the human population
  (intraspecies). UFL = use of a LOAEL to extrapolate a NOAEL. UFS = use of a short-term study for long-term
  risk assessment.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to 20ETO and 10ETO, EPA considered exposure under the proposed 
exemption from the requirement of a tolerance. EPA assessed dietary 
exposures from 20ETO and 10ETO in food as follows:
    In conducting the chronic dietary exposure assessment using the 
Dietary

[[Page 10986]]

Exposure Evaluation Model DEEM-FCIDTM, Version 3.16, EPA used food 
consumption information from the U.S. Department of Agriculture's 
(USDA's) 2003-2008 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 10ETO and 20ETO. 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 ``Alkyl Amines 
Polyalkoxylates (Cluster 4): Acute and Chronic Aggregate (Food and 
Drinking Water) Dietary Exposure and Risk Assessments for the Inerts,'' 
(D361707, S. Piper, 2/25/09) and can be found at https://www.regulations.gov in docket ID number EPA-HQ-OPP-2008-0738.
    Generally, in the dietary exposure assessments for inert 
ingredients, the Agency assumes 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 ingredient 
and that the concentration of 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 ingredient in agricultural products are 
generally at least 50 percent of the product and often can be much 
higher. However, in assessing this petition request, the Agency assumed 
that a product consisted of 10% percent 10ETO and 20ETO. 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.
    Second, the conservatism of this methodology is compounded by EPA's 
decision to assume that, for each commodity, the active ingredient 
which will serve as a guide to the potential level of inert ingredient 
residues is the active ingredient with the highest tolerance level. 
This assumption overstates residue values because it would be highly 
unlikely, given the high number of inert ingredients, that a single 
inert ingredient or class of ingredients would be present at the level 
of the active ingredient in the highest tolerance for every commodity.
    Finally, a third compounding conservatism is EPA's assumption that 
all foods contain the inert ingredient at the highest tolerance level. 
In other words, EPA assumed 100 percent of all foods are treated with 
the inert ingredient at the rate and manner necessary to produce the 
highest residue legally possible for an active ingredient. In summary, 
EPA chose a very conservative method for estimating what level of inert 
residue could be on food, then used this methodology to choose the 
highest possible residue that could be found on food and assumed that 
all food contained this residue. No consideration was given to 
potential degradation between harvest and consumption even though 
monitoring data shows that tolerance level residues are typically one 
to two orders of magnitude higher than actual residues in food when 
distributed in commerce.
    Accordingly, although sufficient information to quantify actual 
residue levels in food is not available, this conservative assumption 
will lead to a significant exaggeration of actual exposures. EPA does 
not believe that this approach underestimates exposure in the absence 
of residue data.
    2. Dietary exposure from drinking water. For the purpose of the 
screening level dietary risk assessment to support this request for an 
exemption from the requirement of a tolerance for 10ETO and 20ETO, a 
conservative drinking water concentration value of 100 ppb based on 
screening level modeling was used to assess the contribution to 
drinking water for the chronic dietary risk assessments for parent 
compound. These values were directly entered into the dietary exposure 
model.
    3. 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, for lawn and garden pest control, indoor pest control, 
termiticides, flea and tick control on pets, and hard surface 
disinfection on walls, floors, tables).
    20ETO and 10ETO may 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. 
For residential handlers, the Agency assumed handlers may receive 
short-term dermal and inhalation exposure to 20ETO and 10ETO from 
formulations containing the inert ingredient in outdoor and indoor 
scenarios. Short- and intermediate-term dermal exposures were not 
quantitated since no systemic toxicity is observed in dermal toxicity 
studies. Also, intermediate- and long-term inhalation exposures are not 
expected because applications are not expected to occur daily or for 
more than 30 days. Therefore, only short-term inhalation exposures were 
estimated and were based on the NOAEL of 43.39 mg/kg/day and a LOC for 
an MOE of 100. The short-term residential handler MOE is 36000, which 
is not a risk of concern because EPA considers MOEs of 100 or less to 
be of concern. The Agency also considered intermediate-term incidental 
oral exposures to children due to residential exposure associated with 
contact with treated surfaces (dermal and hand-to-mouth exposures). The 
MOE is 1964 for children, which is not a risk of concern because EPA 
considers MOEs of 100 or less to be of concern.
    As introduced above, 10ETO and 20ETO are expected to biodegrade 
into TEA and fatty acids, tall oil. Residential exposure to TEA may 
occur from existing pesticide uses as well as from non-pesticide 
products that may be used in and around the home, such as cosmetics. 
Dermal contact is the primary route of exposure to TEA in cosmetics. 
However, a dermal endpoint of concern was not identified, and therefore 
a quantitative dermal exposure assessment is not necessary. TEA can be 
used in products that may be sprayed, however, so there is the 
potential for inhalation exposure. The Cosmetic Ingredient Review (CIR) 
Expert Panel has noted that 95% to 99% of TEA particles produced in 
cosmetic aerosols are not respirable. This assumption, coupled with the 
small actual exposure in the breathing zone and the concentrations at 
which TEA is used, suggests that inhalation would not be a significant 
route of exposure that might lead to local respiratory or systemic 
toxic effects (Fiume et. al., 2013). Small amounts of TEA may also be 
ingested (oral exposure) from lipsticks as they are reported to 
potentially contain up to 1% TEA. However, any contribution to the 
estimated oral pesticide exposure resulting from cosmetic uses is 
likely to

[[Page 10987]]

be insignificant in comparison to the estimates for exposure from the 
pesticide use.
    4. 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 20ETO and 10ETO to share a common mechanism of 
toxicity with any other substances, and 20ETO and 10ETO do not appear 
to produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
20ETO and 10ETO do 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/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. 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.
    The Agency has concluded that there is reliable data to determine 
that infants and children will be safe if the FQPA SF of 10x is reduced 
to 1X for the chronic dietary assessment for the following reasons. The 
toxicity database for 20ETO and 10ETO contains developmental, 2-
generation reproduction, combined reproduction/developmental toxicity 
and mutagenicity studies. There is no indication of immunotoxicity or 
neurotoxicity in the available studies; therefore, there is no need to 
require an immunotoxicity or neurotoxicity study. Additionally, no 
fetal susceptibility or reproduction toxicity was observed in the 
available studies. Based on the adequacy of the toxicity database, the 
conservative nature of the exposure assessment and the lack of concern 
for prenatal and postnatal sensitivity, the Agency has concluded that 
there is reliable data to determine that infants and children will be 
safe if the FQPA SF of 10x is reduced to 1X.

E. 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, 
20ETO and 10ETO 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 
20ETO and 10ETO from food and water will utilize 32.6% of the cPAD for 
children 1-2 years old, the population group receiving the greatest 
exposure.
    3. Short-term risk. Short-term aggregate exposure generally takes 
into account short-term residential exposure plus chronic exposure to 
food and water (considered to be a background exposure level).
    20ETO and 10ETO may be used as inert ingredients in pesticide 
products that could result in short-term residential exposure. The 
Agency has determined that it is not appropriate to aggregate chronic 
exposure through food and water with short-term residential exposures 
to 20ETO and 10ETO since toxicological effects were different depending 
on the route of exposure.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term residential 
exposures result in aggregate MOEs of 36000 for adult males and 
females. Because EPA's level of concern for 20ETO and 10ETO is an MOE 
of 100 or below, this MOE is not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account intermediate-term residential exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level).
    20ETO and 10ETO may be used as inert ingredients in pesticide 
products that could result in intermediate-term residential exposure, 
and the Agency has determined that it is not appropriate to aggregate 
chronic exposure through food and water with intermediate-term 
residential exposures to 20ETO and 10ETO since toxicological effects 
were different depending on the route of exposure.
    Using the exposure assumptions described in this unit for 
intermediate-term exposures, EPA has concluded that the combined 
intermediate-term food, water, and residential exposures result in an 
aggregate MOE of 1964 for children. Children's residential exposure 
includes total exposures associated with contact with treated surfaces 
(dermal and hand-to-mouth exposures). Because EPA's level of concern 
for children's residential exposure (incidental oral exposure) to 20ETO 
and 10ETO is an MOE of 100 or below, this MOE is not of concern.
    5. Long-term risk. Long-term aggregate exposure takes into account 
long-term residential exposure plus chronic exposure to food and water 
(considered to be a background exposure level).
    Long-term residential exposures are not expected from the use of 
20ETO and 10ETO in pesticides used in and around the home. Therefore, 
long-term aggregate exposure considers chronic food and water. The MOE 
is 10833 based on the cPAD of 0.455 mg/kg/day. As the level of concern 
is for an MOE that is lower than 1000, this MOE is not of concern.
    TEA, a metabolite of 10ETO and 20ETO, may be used as inert 
ingredients in non-pesticide products that could result in long-term 
residential exposure. Based on the exposure assumptions described in 
unit IV. C. 3, the Agency anticipates that the contribution to the 
estimated oral non-pesticide exposure due to its use in cosmetics is 
likely to be insignificant in comparison to the estimates for exposure 
from the pesticide use. Therefore, the Agency believes the assessments 
of aggregate exposures due to pesticide uses more than adequately 
protect for exposure from uses in cosmetics products.
    6. Aggregate cancer risk for U.S. population. Based on the lack of 
tumors in the carcinogenicity studies in rats and mice and the lack of 
mutagenicity, 20ETO and 10ETO are not expected to pose a cancer risk to 
humans.
    7. Determination of safety. Taking into consideration all available

[[Page 10988]]

information on 20ETO and 10ETO, EPA concludes that there is a 
reasonable certainty that no harm will result to the general 
population, including infants and children, from aggregate exposure to 
20ETO and 10ETO residues.

V. Other Considerations

Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since 
the Agency is not establishing a numerical tolerance for residues of 
20ETO and 10ETO in or on any food commodities. EPA is establishing a 
limitation on the amount of 20ETO and 10ETO that may be used in 
pesticide formulations. 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% in the final pesticide formulations for indoor and outdoor 
residential use.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is 
established for residues of 20ETO (CAS Reg No. 68605-38-9) and 10ETO 
(CAS Reg No. 2464873-19-4) when used as inert ingredients (surfactant) 
in pesticide formulations applied to growing crops pre- and post-
harvest under 40 CFR 180.910.

VII. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section 
408(d) 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, entitled ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993). Because this action has been 
exempted from review under Executive Order 12866, this action is not 
subject to Executive Order 13211, entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any 
special considerations under Executive Order 12898, entitled ``Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations'' (59 FR 7629, February 16, 1994), EPA seeks to 
achieve environmental justice, the fair treatment and meaningful 
involvement of any group, including minority and/or low-income 
populations, in the development, implementation, and enforcement of 
environmental laws, regulations, and policies. As such, to the extent 
that information is publicly available or was submitted in comments to 
EPA, the Agency considered whether groups or segments of the 
population, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticide 
discussed in this document, compared to the general population.
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), such as the tolerance in this 
final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
Tribal Governments, on the relationship between the National Government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian Tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. 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: February 22, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
    Therefore, for the reasons stated in the preamble, EPA is amending 
40 CFR part 180 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 to 180.910 by adding in alphabetical 
order the inert ingredients ``Fatty acids, tall-oil, esters with 
triethanolamine, ethoxylated'' and ``Fatty acids, C8-18 and 
C18-unsatd., esters with polyethylene glycol ether with 
triethanolamine (3:1)'' to reads as follows:


Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions 
from the requirement of a tolerance.

* * * * *

[[Page 10989]]



                                               Table 1 to 180.910
----------------------------------------------------------------------------------------------------------------
                     Inert ingredients                        Limits (%)                    Uses
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Fatty acids, tall-oil, esters with triethanolamine,                     10  Surfactant.
 ethoxylated (CAS Reg. No. 68605-38-9).
Fatty acids, C8	18 and C18-unsatd., esters with                         10  Surfactant.
 polyethylene glycol ether with triethanolamine (3:1) (CAS
 Reg. No. 2464873-19-4).
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-04123 Filed 2-25-22; 8:45 am]
BILLING CODE 6560-50-P