[Federal Register Volume 91, Number 20 (Friday, January 30, 2026)]
[Rules and Regulations]
[Pages 4009-4013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01902]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0516; FRL 13148-01-OCSPP]


Chlorate; Exemption From the Requirement of a Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement 
of a tolerance for residues of chlorate (CAS Reg. No. 7775-09-9) in or 
on several food commodities. Under the Federal Food, Drug, and Cosmetic 
Act (FFDCA), TriNova LLC 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 this pesticide when used in accordance with the terms of 
the exemption.

DATES: This rule is effective on January 30, 2026. Objections and 
requests for hearings must be received on or before March 31, 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-2021-0516, is available online at 
https://www.regulations.gov. Additional information about dockets 
generally, along with instructions for visiting the docket center in 
person, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Kristen Willis, Antimicrobials 
Division (7510M), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: 202-566-0793; 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 might apply to 
them:
     Crop production (NAICS code 111).

[[Page 4010]]

     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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 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-2021-0516 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 March 31, 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 ``Revised Order Urging Electronic Filing and 
Service,'' dated June 22, 2023, which can be found at https://www.epa.gov/system/files/documents/2023-06/2023-06-22%20%20revised%20order%20urging%20electronic%20filing%20and%20service.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. Summary of Petitioned-For Exemptions

    In the Federal Register of January 13, 2025 (90 FR 2661) (FRL 
11682-11-OCSPP), EPA issued a document pursuant to FFDCA section 
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide 
petition (PP 1F8916) by ICA TriNova LLC, 1 Beavers Street Suite B, 
Newman, GA 30263. The January 13, 2025 document superseded the Notice 
of Filing published on November 23, 2021 (86 FR 66152) (FRL 879-05-
OCSPP) regarding PP 1F8916. The petition requested that 40 CFR 180.1364 
be amended by expanding the exemption from the requirement of a 
tolerance for residues of chlorate to include the following crop 
groups: Crop Group 1 (root and tuber vegetables), Crop Group 3 (bulb 
vegetables, bulbs), Crop Group 8 (fruiting vegetables), Crop Group 9 
(cucurbit vegetables), Crop Group 10 (citrus), Crop Group 11 (pome 
fruits), Crop Group 12 (stone fruits), Crop Group 13 (berries), Crop 
Group 14 (tree nuts), Crop Group 16 (forage, fodder, and straw of 
cereal grains), Crop Group 17 (grass forage, fodder, and hay), Crop 
Group 18 (non-grass animal feeds), Crop Group 21 (edible fungi), Crop 
Group 23 (tropical and subtropical fruits, edible peel), and Crop Group 
24 (tropical and subtropical fruits, inedible peel). A summary in 
support of the petition is available in the docket (EPA-HQ-OPP-2021-
0516), https://www.regulations.gov. Two public comments were received 
on the first Notice of Filing submitted on November 23, 2021, and one 
public comment was received on the Notice of Filing submitted on 
January 13, 2025, that superseded the November 23, 2021 Notice of 
Filing. The comment period for the November 13, 2021 Notice of Filing 
ended on December 23, 2021. The comment period for the January 13, 2025 
Notice of Filing ended on February 12, 2025.

III. Final Tolerance Action

    Consistent with FFDCA section 408(b)(2)(D), and the factors 
specified in FFDCA section 408(b)(2)(D), 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 chlorate, including exposure 
resulting from the exemption established by this action. EPA's 
assessment of exposures and risks associated with chlorate follows.
    In an effort to streamline its publications in the Federal 
Register, EPA is not reprinting sections that repeat what has been 
previously published for tolerance rulemaking of the same pesticide 
chemical. Where scientific information concerning a particular chemical 
remains unchanged, the content of those sections would not vary between 
tolerance rulemaking and republishing the same sections is unnecessary. 
EPA considers referral back to those sections as sufficient to provide 
an explanation of the information EPA considered in making its safety 
determination for the new rulemaking.
    EPA previously published a tolerance rulemaking for chlorate on 
December 26, 2018, in which the Agency

[[Page 4011]]

concluded that there is a reasonable certainty that no harm would 
result from aggregate exposure to chlorate and established exemptions 
for residues on tomatoes and cantaloupes. The publication of the 
rulemaking can be found at 83 FR 66138 (FRL-9986-85). EPA's assessment 
of safety in support of the 2018 rulemaking, Risk Assessment of Tomato 
and Cantaloupe Fumigation with Sodium Chlorite 3.2% (chlorine dioxide 
gas) (hereafter 2018 EPA Risk Assessment), is included in the docket 
for this current rulemaking, as it also supports this current 
rulemaking.
    Since the time of the initial tolerance exemption, EPA has 
evaluated the potential for dietary exposures to chlorates in three 
different assessments: (1) an Agency memo that was signed on November 
10, 2020, titled ``Sodium Chlorate: Summary of Hazard and Science 
Policy Council (HASPOC) Meeting of October 15, 2020: Recommendations on 
Conducting a Qualitative Assessment of Chlorate and Waiving All Crop 
Chlorate Residue Data (hereafter ``2020 EPA HASPOC memo''); (2) the 
Inorganic Chlorates Revised Draft Human Health Risk Assessment (DRA) in 
Support of Registration Review (hereafter ``2021 EPA Revised DRA''), 
and (3) the 2022 crop expansion assessment titled Review of Petition, 
Residue Data Waiver, and Risk Assessment of 3.2% Sodium Chlorite 
(Chlorine Dioxide Gas) Fumigation for Crop Expansion (hereafter ``2022 
EPA Risk Assessment''), all of which are part of the docket for this 
current rulemaking. The Agency has concluded that there are no risks of 
concern from aggregate exposure to chlorate from currently registered 
uses. This conclusion is based on the following relevant conclusions 
from the three assessments mentioned above: (1) Chlorate residues in 
food are generally low and can be removed by washing, (2) aggregate 
exposure from food and drinking water were not of concern when 
quantitatively assessed in the 2018 EPA Risk Assessment; and (3) the 
main driver of the dietary assessment is from drinking water exposures 
from sanitation treatment.

A. Toxicological Profile and Points of Departure/Levels or Concern

    Inorganic chlorates (also known as chlorate salts) encompass all 
chlorates, including sodium chlorate. As an antimicrobial pesticide, 
sodium chlorate (Pesticide Code (PC code) 073301) is used to generate a 
chlorine dioxide (PC Code 020503) solution in post-harvest applications 
to various crops. Sodium chlorate is also generated as a by-product of 
sodium chlorite (PC Code 020502) when it is used to generate chlorine 
dioxide for fumigation of crops post-harvest and during storage and 
shipment. Inorganic chlorates encompass all chlorates including the 
most abundant salt, sodium chlorate.
    The toxicological profile for chlorate remains unchanged from the 
December 26, 2018 rulemaking and is available in the 2018 EPA Risk 
Assessment and the 2021 EPA Revised DRA. As discussed in the 2020 EPA 
HASPOC Memo, EPA conducted a qualitative assessment as part of the 
current tolerance action.

B. Exposure Assessment

    1. Dietary exposure from food and drinking water. In support of the 
2018 rulemaking, EPA performed a quantitative risk assessment on sodium 
chlorite at a 3.2% application rate as well as other uses with 
potential chlorate residue exposure (paper mill, drinking water, and 
conventional food uses). Based on the 2018 EPA Risk Assessment, the 
total dietary risks (including the use on tomatoes and cantaloupe, 
conventional herbicidal uses, paper mill dietary uses, and drinking 
water) are not of concern. The most highly exposed population was 
children 1-2 years of age which occupied 8.4% of the chronic population 
adjustment dose (cPAD) and was thus not of concern.
    Following the 2018 EPA Risk Assessment and 2018 rulemaking, EPA 
determined that it would be more appropriate to assess the safety of 
chlorate tolerances with a qualitative dietary (food and drinking 
water) assessment for the reasons noted above (see ``2021 EPA Revised 
DRA'' and ``2020 EPA HASPOC Memo''). The use of sodium chlorite on the 
additional crops at issue in this rule are not expected to meaningfully 
impact the previously assessed risk estimates, since residues can be 
washed off and the main driver of the dietary assessment is from 
drinking water exposures from sanitation treatment, which is not 
expected to change upon approval of these additional uses.
    2. From non-dietary exposure. There are no residential (non-
occupational) exposures associated with the new proposed uses and there 
are no registered uses of chlorate that result in non-occupational, 
residential exposure.
    3. Cumulative effects from substances with a common mechanism of 
toxicity. EPA has not found inorganic chlorates to share a common 
mechanism of toxicity with any other substances, and sodium chlorate 
does not appear to produce a toxic metabolite produced by other 
substances. For a discussion, see Unit III (C)(4) of the December 26, 
2018 rulemaking.

C. Safety Factor for 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 data base unless EPA concludes 
that a different margin of safety will be safe for infants and 
children. Because EPA is conducting a qualitative assessment without 
uncertainty factors, the additional 10X safety factor cannot be 
applied.

D. Aggregate Risks and Determination of Safety

    In a quantitative risk assessment, 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 Margin of Exposure (MOE) 
exists.
    The 2022 EPA Risk Assessment in support of this action is based on 
the 2018 EPA Risk Assessment (e.g., drinking water, pulp mill, 
FruitGard dietary use, drinking water), the 2021 EPA Revised DRA, the 
2020 EPA HASPOC memo, and the supportive materials submitted with this 
petition. That assessment evaluates the aggregate exposure from 
existing uses and the new proposed fumigation uses on the additional 
crop groups. EPA has determined that the fumigation of additional crops 
is not expected to meaningfully increase dietary (food or drinking 
water) exposures or risks of chlorate from the active ingredient sodium 
chlorite (chlorine dioxide). This is primarily because (1) residues on 
food are expected to be low, based on other residue studies indicating 
that use on food results in low residues and the fact that residues can 
be removed by washing; (2) the drinking water from water treatment 
systems is the primary source of exposure to chlorate, which would not 
change based on these additional crops; and (3) EPA's Risk Assessment 
2018, which already accounted for the drinking water exposure and 
limited expectation of residues on food, found that the residues would 
be safe.

[[Page 4012]]

    Given that the previous quantitative assessment indicated a very 
low risk estimate, EPA concludes that aggregate exposure would continue 
to be safe with these new exemptions. Therefore, EPA concludes that 
there is a reasonable certainty that no harm will result to the general 
population, or to infants and children from aggregate exposure to 
chlorate residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since 
the Agency is establishing an exemption from the requirement of a 
tolerance without any numerical limitation for residues of chlorate in 
or on the listed food commodities.

B. Response to Comments

    Two public comments were received on the first Notice of Filing 
that was published on November 23, 2021 and one public comment was 
received on the Notice of Filing that was published on January 13, 2025 
that superseded the November 23, 2021 Notice of Filing. The comment 
period for the November 23, 2021 Notice of Filing ended on December 23, 
2021. The comment period for the January 13, 2025 revised Notice of 
Filing ended on February 12, 2025.
    Two public comments were received in response to the Notice of 
Filing published on November 23, 2021 (located under the Docket ID EPA-
HQ-OPP-2021-0516 at https://www.regulations.gov). The first comment was 
submitted by the United Fresh Produce Association supporting the 
expansion of crop groups for products containing the active ingredient 
sodium chlorite as a post-harvest application of gaseous chlorine 
dioxide. The Agency acknowledges the comment from United Fresh Produce 
Association and support for the expansion of crop groups for the active 
ingredient sodium chlorite. The second comment was submitted by a 
member of the general public, and raised issues related to the safety 
of the tolerance exemption in this action, including the potential for 
thyroid gland tumors and neurotoxic effects in the available toxicity 
database for sodium chlorate. Furthermore, the commenter noted that 
chlorate has been banned in the European Union due to concerns that 
chlorate can decrease iodine uptake, causing thyroid problems.
    With regard to potential thyroid effects, EPA explained in the 2018 
rulemaking (and supporting risk assessments) that while there was some 
evidence of thyroid gland tumors found in the drinking water study, EPA 
concluded that exposure to chlorate would not likely pose cancer risk 
because the Agency was regulating exposure at doses lower than the high 
doses required to induce tumors. See Chlorate; Pesticide Exemptions 
From Tolerance, 83 FR 66138, 66139 (FRL-9986-85, December 26, 2018). 
EPA conducted a quantitative assessment in which it concluded that 
risks would not exceed safe levels, (i.e., the levels at which no 
chronic nor carcinogenic effects would be expected) and thus there is 
no expectation that exposure to chlorate would result in cancer. In 
this rule, EPA has concluded that the additional uses will not 
meaningfully increase residues of chlorate on food, and thus there is 
similarly no expectation that exposure to chlorate would result in 
thyroid gland tumors.
    The commenter (Docket ID EPA-HQ-OPP-2021-0516) also states that 
sodium chlorate has not been evaluated for neurotoxic effects. As 
discussed in the 2018 EPA Risk Assessment, neurotoxic effects were not 
observed in any of the available acute, subchronic, and reproduction 
toxicity studies. Therefore, the potential for neurotoxic effects is 
not a concern for chlorate.
    Regarding the supporting materials provided by the commenter, it is 
unclear to the Agency what specific points the materials are meant to 
support. The Dobson (2002) citation is a publication from the 
International Programme on Chemical Safety (IPCS)--a cooperative 
program of the World Health Organization (WHO), the International 
Labour Organization (ILO), and the United Nations Environment Programme 
(UNEP). It is not a study; therefore, the results reported in the 
publication cannot be used to reassess EPA's toxicological endpoints. 
Furthermore, none of the Agency's risk assessments found risk levels of 
concern for humans for the currently registered pesticidal uses of 
sodium chlorate. The Trinetta et al. (2011) study cited concludes, 
``(c)hlorine dioxide technology leaves minimal to no detectable 
chemical residues in several food products, thus result in no 
significant risks to consumers.'' Therefore, the Trinetta study seems 
to support the conclusions from the Agency's recent risk assessments 
(2021 EPA Revised DRA, 2022 EPA Risk Assessment).
    Furthermore, the Agency acknowledges the commenter's concerns about 
environmental impacts, including potential toxicity to algae, but notes 
that this topic is not required for consideration for an EPA 
determination of safety under the FFDCA, which stipulates only that EPA 
consider human health risks.
    There was one public comment that was received in response to the 
revised Notice of Filing submitted on January 13, 2025 (located under 
the Docket ID EPA-HQ-OPP-2021-0516 at https://www.regulations.gov), 
from a member of the general public, supported the expansion of crop 
groups for products containing the active ingredient sodium chlorite as 
a post-harvest application of gaseous chlorine dioxide. The Agency 
acknowledges the public commenter's submission in support of expanding 
the tolerance exemption to cover certain crop groups for the active 
ingredient sodium chlorite.
    In conclusion, the public comments do not include any information 
that alters the Agency's conclusion regarding the safety of the 
chlorate tolerance exemption.

C. Revisions to Petitioned-For Tolerances

    The petitioner requested tolerances on several crop groups that 
have been updated. Specifically, crop groups 3, 8, 10, 11, 12, 13, 14, 
and 16 have been updated. As stated in EPA's regulations (40 CFR 
180.40(j)(4)), once the revised crop group is established, EPA will no 
longer establish tolerances under pre-existing crop groups. As such, 
EPA is establishing the requested tolerance exemptions with the updated 
crop groupings which are supported by the Agency's qualitative 
assessments.

V. Conclusion

    Therefore, an exemption from the requirement of a tolerance is 
established for residues of chlorate in or on commodities in the 
following crop groups: Vegetable, root and tuber, group 1; Vegetable, 
bulb, group 3-07; Vegetable, fruiting, group 8-10; vegetable, cucurbit, 
group 9; Fruit, citrus, group 10-10; Fruit, pome, group 11-10; Fruit, 
stone, group 12-12; Berry and small fruit, group 13-07; Nut, tree, 
group 14-12; Grain, cereal, forage, hay, stover, and straw, group 16-
22; Grass, forage, fodder and hay, group 17; Animal feed, nongrass, 
group 18; Fungi, edible, group 21; Fruit, tropical and subtropical, 
edible peel, group 23; and Fruit tropical and subtropical, inedible 
peed, group 24.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/and-executive-orders.

[[Page 4013]]

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 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, 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 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: January 26, 2026.
Edward Messina,
Director, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending 
40 CFR chapter I is amended 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. Revise Sec.  180.1364 to read as follows:


Sec.  180.1364  Chlorate; exemption from the requirement of a 
tolerance.

    Residues of chlorate in or on commodities in the following crop 
groups are exempt from the requirement of a tolerance when resulting 
from the application of gaseous chlorine dioxide as a fungicide, 
bactericide, or antimicrobial pesticide: Vegetable, root and tuber, 
group 1; Vegetable, bulb, group 3-07; Vegetable, fruiting, group 8-10; 
vegetable, cucurbit, group 9; Fruit, citrus, group 10-10; Fruit, pome, 
group 11-10; Fruit, stone, group 12-12; Berry and small fruit, group 
13-07; Nut, tree, group 14-12; Grain, cereal, forage, hay, stover, and 
straw, group 16-22; Grass, forage, fodder and hay, group 17; Animal 
feed, nongrass, group 18; Fungi, edible, group 21; Fruit, tropical and 
subtropical, edible peel, group 23; and Fruit tropical and subtropical, 
inedible peel, group 24.

[FR Doc. 2026-01902 Filed 1-29-26; 8:45 am]
BILLING CODE 6560-50-P