The U.S. Environmental Protection Agency (EPA) on Oct. 24 proposed a number of targeted revisions to the Application Exclusion Zone (AEZ) requirements found in the agency’s Worker Protection Standards (WPS) program. The AEZ requirements establish minimum exclusion zones around ongoing pesticide applications that workers and other people must be kept out of during outdoor production pesticide applications.
Specifically, EPA is proposing to modify the AEZ so it is applicable and enforceable only on a farm owner’s property, where a farm owner can lawfully exercise control over employees and bystanders who could fall within the AEZ. As currently written, EPA said the off-farm aspect of the provision has proven very difficult for state regulators to enforce.
In addition, EPA is proposing to exempt immediate family members of farm owners from all aspects of the AEZ requirement, allowing farm owners and their immediate family members to decide whether to stay in their homes or other enclosed structures on their property during certain pesticide applications, rather than compelling them to leave even when they feel safe remaining.
EPA is also proposing to add clarifying language which states that pesticide applications that are suspended due to individuals entering an AEZ may be resumed after those individuals have left the AEZ. The agency is also proposing to simplify the criteria for deciding whether pesticide applications are subject to a 25- or 100-foot AEZ.
EPA said the proposed changes would enhance both enforcement and implementation of the AEZ for state regulators and farm owners, while still protecting off-farm bystanders from pesticide applications thanks to the existing “do not contact” requirement that prohibits use in a manner that would contact unprotected individuals. EPA will accept public comments on the proposed revisions for 90 days.
The Agricultural Retailers Association (ARA) on Oct. 24 voiced support for the proposed changes. “The initial AEZ regulations were impractical and would have severely disrupted normal agricultural pesticide applications,” said ARA President and CEO Daren Coppock. “These targeted revisions will reduce regulatory burdens, improve industry compliance, and ensure it is feasible for farm owners to implement without incurring a significant adverse economic impact.”