Through the issuance of a final rule, the EPA has restored the pesticide Application Exclusion Zone (AEZ) requirements developed under the 2015 Agricultural Worker Protection Standard (WPS).  An AEZ is the area surrounding outdoor pesticide application equipment where people are prohibited while pesticides are applied. Per EPA, the final rule reinstates several 2015 WPS provisions aimed at protecting farmworkers and bystanders, including:

  1. The AEZ suspension requirement will apply beyond the boundaries of the agricultural establishment.
  2. The AEZ suspension requirement will apply in easements on the establishment (for example, easements for utility workers to access telephone lines).
  3. The AEZ distance for ground-based applications will be:
    1. 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.
    2. 100 feet for applications with fine droplets.

 

The final rule also includes two revisions that the EPA believes provide clarity and flexibility for growers and farming families without increasing risk to farmworkers and bystanders:

 

  1. 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.
  2. A clarification that suspended pesticide applications can resume only after people leave the AEZ.

 

The rule becomes effective on December 3, 2024. 

Because the AEZ was part of regulations promulgated in the 2015 WPS and attempts to revise the AEZ in 2020 did not go into effect due to a court injunction, farmers and ranchers who work with pesticides should already be aware of the AEZ, as the Arizona Department of Agriculture (AZDA) has included information about the AEZ standards in online resources and presentations to pesticide users. Further details about the AEZ and assistance in complying with pesticide regulations are available through the Agriculture and Food Systems Support Division (formerly the Agricultural Consultation and Training Program) of the Arizona Department of Agriculture by contacting Roberto Rios at (602)542-0985 or rrios@azda.gov.