EPA recently published interim guidance and additional materials to assist the regulatory community in implementing the final rule's requirements for the Agricultural Worker Protection Standard (WPS) Application Exclusion Zone (AEZ).
An AEZ is defined as an area immediately surrounding pesticide application equipment during an outdoor pesticide application. The final rule defines additional requirements to protect workers and bystanders.
“The AEZ exists only during application, moves with equipment during application, and may extend beyond agricultural operations (e.g., school grounds, residential neighborhoods),” an EPA press release states. “Depending on the application type and droplet size used, the radius can be 25 feet or 100 feet. If the application is complete, the AEZ expires (however, any restrictions that apply after the application is submitted, such as a restricted entry interval, apply to the treated area).”
Only appropriately trained and equipped operators may be in an AEZ “that is within the boundaries of the agricultural holding at the time of application”. Agricultural workers are responsible for AEZs only within the boundaries of the farm, as their authority does not extend beyond these boundaries.
Regulatory background
The WPS Regulation was created to protect more than 2 million farmworkers (and their families) and pesticide processors who work on over 600,000 farms.
The WPS was significantly modified in 2015 to reduce pesticide exposure incidents. That’s when the AEZ was created.
“Prior to the effective date of the 2020 AEZ Rule, lawsuits challenging the 2020 Rule were filed in the U.S. District Court for the Southern District of New York (SDNY) and the U.S. Second Circuit Court of Appeals,” the EPA notice continued. “The SDNY issued an order granting petitioners’ motion for a preliminary injunction and preliminary injunction requiring the effective date of the rule. As a result, the 2020 AEZ Rule never came into effect.
“In 2021, EPA began reviewing the 2020 AEZ Rule pursuant to Executive Order 13990 to protect public health and the environment and restore science to address the climate crisis. The agency determined that provisions of the 2020 AEZ Rule that weakened protections for farmworkers and surrounding communities from pesticide exposure should be repealed. The proposed rule reinstating several provisions of the 2015 rule was published in March 2023 and finalized in October 2024. It reintroduces AEZ protection, expands protection for neighboring communities, makes the requirements more understandable and offers flexibility for family businesses without compromising protection.”
The interim guidance and additional information can be found on EPA's AEZ and WPS webpages.