EPA has released a final rule to restore the pesticide Application Exclusion Zone (AEZ) requirements under the 2015 Agricultural Worker Protection Standard (WPS). The AEZ is an area surrounding outdoor pesticide application equipment where people are prohibited while pesticides are applied. This rule finalizes the agency’s 2023 proposed rule without change.
The final rule reinstates several 2015 WPS provisions protecting farmworkers and bystanders, including:
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:
a. 25 feet for applications with medium or larger droplets when sprayed from a height greater than 12 inches from the soil surface or planting medium.
b. 100 feet for applications with fine droplets.
Additionally, the final rule includes two revisions for 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. This exemption, limited to farming families, provides them the flexibility to decide whether to stay on-site during pesticide applications rather than compelling them to leave even when they feel safe remaining in their homes.
A clarification that suspended pesticide applications can resume only after people leave the AEZ.
