The U.S. Environmental Protection Agency (EPA) announced October 2, 2024, the finalization of a rule to restore and enhance the pesticide Application Exclusion Zone (AEZ) requirements under the 2015 Agricultural Worker Protection Standard (WPS). This move is part of the Biden-Harris Administration's ongoing commitment to environmental justice, aimed at safeguarding farmworkers, pesticide handlers, their families, and agricultural communities from pesticide exposure.
The AEZ is defined as the area surrounding outdoor pesticide application equipment, from which people are to be excluded while pesticides are being applied. The reinstated rule extends AEZ protections beyond the boundaries of agricultural establishments and into neighboring communities, improves the clarity of the requirements, and introduces flexibilities for family farms without compromising safety.
Michal Freedhoff, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, emphasized the importance of protecting farmworkers from pesticide-related illnesses, stating, "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."
The 2020 AEZ Rule, which had limited AEZ protections and reduced the size of the AEZ for certain applications, was never implemented due to legal challenges and a subsequent review by the EPA. The review concluded that the 2020 provisions weakened protections against pesticide exposure for farmworkers and nearby communities. The final rule announced today reinstates several provisions from the 2015 rule, including the AEZ suspension requirement both within and beyond the boundaries of agricultural establishments, and for easements on the establishment.
Additionally, the final rule clarifies the AEZ distance for ground-based applications and introduces an "immediate family exemption" for farm owners and their immediate families, allowing them to remain inside enclosed structures or homes during pesticide applications. It also specifies that suspended pesticide applications can resume only after people leave the AEZ.
Interim guidance will be released by the end of October to assist the regulated community in complying with the new rule, and feedback will be solicited to improve the guidance post-release. The rule will become effective 60 days after its publication in the federal register, and details will be available in docket EPA-HQ-OPP-2022-0133 at the Regulations.gov page.
Source: EPA