The U.S. Environmental Protection Agency has announced a final rule to restore the pesticide Application Exclusion Zone (AEZ), which is the area where people are prohibited while pesticides are being applied, requirements under the 2015 Agricultural Worker Protection Standard (WPS). This finalizes the agency’s 2023 proposed rule without change.
According to EPA, the rule reinstates AEZ protections, extends protections for neighboring communities, makes requirements easier to understand, and provides more flexibility for family farms.
“Farmworkers help to provide the food we feed our families every day and it’s EPA’s job to keep them safe from pesticides,” said assistant administrator for the office of chemical safety and pollution prevention Michal Freedhoff. “No one should be at risk from pesticide-related illness because of their job or where they live. Today’s rule is another significant step by the Biden-Harris Administration to protect public health and deliver on environmental justice.”
More About The Application Exclusion Zone
The AEZ was created in 2015 when EPA made significant changes to the regulation to reduce incidents of pesticide exposure.
It only exists during the application, moves with the equipment during application, and can extend outside of an agricultural establishment – in areas such as school grounds and residential neighborhoods.
Some of the requirements in the final rule include:
- Pesticide applicators must suspend their applications if anyone is in the AEZ.
- Employers must ensure the AEZ requirements are understood and followed.
- Employers may not direct or allow any of their workers to enter an AEZ.
- The AEZ suspension requirement will apply beyond the boundaries of the agricultural establishment.
- The AEZ suspension requirement will apply in easements on the establishment (for example, easements for utility workers to access telephone lines).
- The AEZ distance for ground-based applications will be 25’ for applications with medium or larger droplets when sprayed from a height greater than 12” from the soil surface or planting medium and 100’ for applications with fine droplets.
The final rule also includes two revisions specific to growers and farming families:
- An “immediate family exemption” that allows farm owners and their immediate family to remain inside enclosed structures or homes during pesticide application.
- A clarification that suspended pesticide applications can resume only after people leave the AEZ.
EPA says it plans to release interim guidance by the end of October and will accept feedback on how to improve the guidance after its release. The new rule will be effective 60 days after publication of the federal register notice and will be available in docket EPA-HQ-OPP-2022-0133.
