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EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER EPA Registration Division contact: P.V.Shah, 702 - 308 - 1846 INSTRUCTIONS: Please utilize this outline in preparing the pesticide petition. In cases where the outline element does not apply, please insert “NA - Remove” and maintain the outline. Please do not change the margins, font, or format in your pesticide petition. Simply re place the instructions that appear in green , i.e., “ [ insert company name ] ,” with the information specific to your action. TEMPLATE: BYK USA Inc. [Insert petition number] EPA has received a pesticide petition ( [insert petition number] ) from BYK USA Inc. , 524 South Cherry Street, Wallingford, CT 06492 - 4453 proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180. to establish an exemption from the requirement of a tolera nce for Poly[oxy(methyl - 1,2 - ethanediyl)], q - [(92) - 1 - oxo - 9 - octadecen - 1 -2 yll - o - [[(92) - 1 - oxo - 9 - octadecen - 1 - yl]oxyl - ( number average molecular weight (Mn) of 2356 daltons ; CAS # 26571 - 49 - 3 ) under 40 CFR 180.960 when used as an inert ingredient defoamer in pesticide formulations. EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of FDDCA; however, EPA has not fully eval uated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition. A. Residue Chemistry 1. Plant metabolism. 2. Analytical method. N A - Remove 3. Magnitude of residues. N A - Remove B. Toxicological Profile There were no toxicity data identified for Poly[oxy(methyl - 1,2 - ethanediyl)], α - [(9Z) - 1 - oxo - 9 - octadecen - 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]oxy] - . Typically, polymers with molecular weight > 1000 and a low fraction of low - weight oligomers are not considered bioavailable, and therefore are of low concern for toxicity . Poly[oxy(methyl - 1,2 - ethanediyl)], α - [(9Z) - 1 - oxo - 9 - octadecen - 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]oxy] - meets the criteria use d to identify Low Risk Polymer exemption under 40 CFR 723.250 (d): 1. the polymer is not a cationic polymer nor is it reasonably anticipated to become a cationic polymer in a natural aquatic environment; 2. the polymer contains as an integral part of its compos ition carbon, hydrogen, and oxygen; 3. the polymer does not contain as an integral part of its composition any element other than those listed in 40 CFR 723 .250(d)(2)(ii); 4. the polymer is neither designed nor can it be reasonably anticipated to substantially degrade, decompose, or depolymerize;3 5. the polymer is manufactured from monomers and reactants that are already included on the TSCA Chemical Substance Inventory or manufactured under an appl icable TSCA section 5 exemption; 6. the polymer is not a water - absorbi ng polymer with a number average molecular weight greater than or equal to 10,000 daltons; 7. the polymer does not contain, as an integral part of its composition, perfluoroalkyl moieties; 8. the polymer meets the following exemption criterion specified in 40 CF R 723.250(e): The polymer’s number average molecular weight is greater than 1,000 and less than 10,000 daltons. The polymer contains less than 10% oligomeric material below MW 500 and less than 25% oligomeric material below MW 1,000 . T he polymer does not contain any reactive functional groups.

1. Acute toxicity. There were no toxicity data identified for Poly[oxy(methyl - 1,2 - ethanediyl)], α - [(9Z) - 1 - oxo - 9 - octadecen - 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]oxy] - . Typically, polymers with molecular weight > 1000 and a low fraction of low - weight oligomers are not considered bioavailable, and therefore are of low concern for toxicity . This polymer meets the requirements specified in 40CFR 723.250 of a low risk polymer.

2. Genotoxicty. [ ibid .] 3. Reproductive and developmental toxicity. [ ibid .] 4. Subchronic toxicity. [ ibid .] 5. Chronic toxicity. An evaluation of the potential carcinogenicity of Poly[oxy(methyl - 1,2 - ethanediyl)], α - [(9Z) - 1 - oxo - 9 - octadecen - 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]ox y] - was carried out using the modeling program OncoLogic. Based on4 its classification as a high molecular weight polymer and the lack of reactive functional groups on the side chains, the level of carcinogenicity concern for this polymer was determined to be low. The polymer is not known to have demonstrated an ability to be absorbed and to accumulate in soft tissue. Furthermore, the polymer is not a concern for lung overload, and does not contain hindered amine groups or terminal double bonds, all further indicating that the level of concern is low. 6. Animal metabolism. The metabolism of Poly[oxy(methyl - 1,2 - ethanediyl)], α - [(9Z) - 1 - oxo - 9 - octadecen - 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]oxy] - has not been studied. Typically, absorption of high molecular w eight polymers (Mn>1000 Daltons) is not significant through skin, inhalation, or from the gastrointestinal tract. Therefore this polymer is not expected to be biologically available to mammalian systems.

7. Metabolite toxicology . NA - Remove 8. Endocrin e disruption . [ Toxicity related to endocrine disruption was not observed in the currently available database for Poly[oxy(methyl - 1,2 - ethanediyl)], α - [(9Z) - 1 - oxo - 9 - octadecen - 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]oxy] - . As the science develops and resources allow, screening of additional compounds may be added to the Endocrine Disruptor Screening Program (EDSP), at which point Poly[oxy(methyl - 1,2 - ethanediyl)], α - [(9Z) - 1 - oxo - 9 - octadecen - 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]oxy] - may be subjected to additiona l screening and/or testing to better characterize effects related to endocrine disruption. C. Aggregate Exposure 1. Dietary exposure. Poly[oxy(methyl - 1,2 - ethanediyl)], α - [(9Z) - 1 - oxo - 9 - octadecen 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]oxy] - is a component of a defoamer intended to be used in food - use pesticides at a low use - level. Therefore , dietary exposure is expected to be negligible. i. Food. ibid.5 ii. Drinking water . ibid. 2. Non - dietary exposure . Poly[oxy(methyl - 1,2 - ethanediyl)] , α - [(9Z) - 1 - oxo - 9 - octadecen - 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]oxy] - is not expected to volatilize or be significantly bioavailable, given its high molecular weight. Likewise, significant exposure to workers that mix, load and apply pesticides containing this inert ingredient is not expected based on the use levels of this compound described in this petition, its low volatility, and low bioavailability. D. Cumulative Effects Section 408(b)(2)(D) (9v) of the 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 substa nces that have a common mechanism of toxicity.” EPA has not made a common mechanism of toxicity finding as to Poly[oxy(methyl - 1,2 - ethanediyl)], α - [(9Z) - 1 - oxo - 9 - octadecen - 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]oxy] - and other compounds. Poly[oxy(methyl - 1,2 - ethanediyl)], α - [(9Z) - 1 - oxo - 9 - octadecen - 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]oxy] - does not appear to produce toxic metabolites in common with other substances. E. Safety Determination 1. U.S. population. The available information presented in this report indicates with reasonable certainty that no harm to humans will result from using Poly[oxy(methyl - 1,2 - ethanediyl)], α - [(9Z) - 1 - oxo - 9 - octadecen - 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]oxy] - as an inert ingredient in pesticide formulations. This high weight molecular polymer meets the criteria used to identify low risk polymers under 40 CFR 723.250.6 2. Infants and children . There is a reasonable certainty that no harm to infants and children will result from the use of Poly[oxy(methyl - 1,2 - ethanediyl )], α - [(9Z) - 1 - oxo 9 - octadecen - 1 - yl] - ω - [[(9Z) - 1 - oxo - 9 - octadecen - 1 - yl]oxy] - as an inert in gredient in pesticide products because this is a low risk polymer, as defined under 40 CFR 723.250 . F. International Tolerances N A - Remove