i

EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR 

PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER 

EPA Registration Division contact: [PV Shah (703-308-1846)] 

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 replace the instructions that appear in green, i.e., “[insert 

company name],” with the information specific to your action.

TEMPLATE:

[Momentive Performance Materials]

[IN-10784]

EPA has received a pesticide petition ([IN-10784]) from [Momentive 

Performance Materials], [headquartered at 260 Hudson River Rd., Waterford, NY 

12188] 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 180.860 to establish an 

exemption from the requirement of a tolerance for [acrylic acid, butyl acrylate, styrene 

copolymer, CAS# 25586-20-3, Mn 5200] in or on all raw agricultural commodities 

when used as an inert ingredient as a sticker / adjuvant 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 evaluated 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. [NA-Remove based on the fact that this information is 

not required for the establishment of a tolerance exemption.]

2. Analytical method. [NA-Remove based on the fact that this information is 

not required for the establishment of a tolerance exemption.]

3. Magnitude of residues. [NA-Remove based on the fact that this information 

is not required for the establishment of a tolerance exemption.]

B. Toxicological Profile

1. Acute toxicity. [EPA has established criteria which identify categories of 

polymers that present low risk. These criteria (listed at 40 CFR 723.250) 
2

identify properties which generally limit a polymer’s ability to cause 

adverse toxicological effects. No mammalian toxicity is anticipated for 

polymers meeting the polymer exemption criteria. Therefore we believe 

that establishment of an exemption from the requirements of a tolerance 

is justified. 

Acrylic acid, butyl acrylate, styrene copolymer meets the definition of a 

polymer given in 40 CFR 723.250(b) and meets the following criteria that are 

used to identify low-risk polymers:

a. The polymer is not a cationic polymer nor is it reasonably anticipated to 

become a cationic polymer in a natural aquatic environment.

b. The polymer does contain as an integral part of its composition the atomic 

elements carbon, hydrogen, and oxygen.

c. The polymer does not contain as an integral part of its composition, except 

as impurities, any element other than those listed in 40 CFR 723.250(d)(2)(ii).

d. The polymer is neither designed nor can it be reasonably anticipated to 

substantially degrade, decompose, or depolymerize.

e. The polymer is manufactured or imported from monomers and/or 

reactants that are already included on the TSCA Chemical Substance 

Inventory.

f. The polymer is not a water absorbing polymer with a number average 

molecular weight (Mn) greater than or equal to 10,000 daltons. 

g. The polymer does not contain fluorine.

h. The polymer’s number average MW of 5200 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. ]

2. Genotoxicty. [NA-Remove based on the fact that this polymer meets the 40 

CFR 723.250 criteria that are used to identify low-risk polymers.]

3. Reproductive and developmental toxicity. [NA-Remove based on the fact that 

this polymer meets the 40 CFR 723.250 criteria that are used to identify low-risk 

polymers.]

4. Subchronic toxicity. [NA-Remove based on the fact that this polymer meets 

the 40 CFR 723.250 criteria that are used to identify low-risk polymers.]

5. Chronic toxicity. [NA-Remove based on the fact that this polymer meets the 

40 CFR 723.250 criteria that are used to identify low-risk polymers.]

6. Animal metabolism. [NA-Remove based on the fact that this polymer meets 

the 40 CFR 723.250 criteria that are used to identify low-risk polymers.]

7. Metabolite toxicology. [NA-Remove based on the fact that this polymer 

meets the 40 CFR 723.250 criteria that are used to identify low-risk polymers.]
3

8. Endocrine disruption. [NA-Remove based on the fact that this polymer 

meets the 40 CFR 723.250 criteria that are used to identify low-risk polymers.]

C. Aggregate Exposure

1. Dietary exposure. [NA-Remove based on the fact that this polymer meets 

the 40 CFR 723.250 criteria that are used to identify low-risk polymers.]

i. Food. [NA-Remove based on the fact that this polymer meets the 40 CFR 

723.250 criteria that are used to identify low-risk polymers.]

ii. Drinking water. [NA-Remove based on the fact that this polymer meets the 

40 CFR 723.250 criteria that are used to identify low-risk polymers.]

2. Non-dietary exposure. [NA-Remove based on the fact that this polymer 

meets the 40 CFR 723.250 criteria that are used to identify low-risk polymers.]

D. Cumulative Effects [NA-Remove based on the fact that this polymer meets the 40 

CFR 723.250 criteria that are used to identify low-risk polymers.]

E. Safety Determination

1. U.S. population. [NA-Remove based on the fact that this polymer meets the 

40 CFR 723.250 criteria that are used to identify low-risk polymers.]

2. Infants and children. [NA-Remove based on the fact that this polymer meets 

the 40 CFR 723.250 criteria that are used to identify low-risk polymers.]

F. International Tolerances

[Momentive Performance Materials is not aware of any tolerances assigned 

by any other countries.]