The U.S. Environmental Protection Agency (EPA) has finalized a rule to restore the pesticide Application Exclusion Zone (AEZ) requirements under the 2015 Agricultural Worker Protection Standard (WPS). The AEZ is an area around outdoor pesticide application equipment where people are prohibited while pesticides are applied. This move aligns with the Biden-Harris Administration’s commitment to environmental justice and aims to protect farmworkers, pesticide handlers, their families, and agricultural communities.
"Farmworkers help to provide the food we feed our families every day and it’s EPA’s job to keep them safe from pesticides," said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. "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 WPS regulation safeguards over two million agricultural workers and pesticide handlers across more than 600,000 agricultural establishments. In 2015, significant changes were made to reduce incidents of pesticide exposure among farmworkers and their families. These changes included creating the AEZ, which surrounds pesticide application equipment during outdoor applications. The AEZ moves with the equipment during application and can extend outside of an agricultural establishment.
In 2020, a rule was published limiting AEZ protections to agricultural establishments and reducing its size for some ground-based spray applications. However, this rule never went into effect due to legal challenges resulting in a temporary restraining order and preliminary injunction.
In 2021, EPA reviewed the 2020 AEZ Rule in accordance with Executive Order 13990 and determined that provisions weakening protections should be rescinded. The proposed rule reinstating several provisions of the 2015 rule was published in March 2023.
With today’s action, EPA finalizes its 2023 proposed rule without change:
- The AEZ suspension requirement will apply beyond agricultural establishment boundaries.
- The AEZ suspension requirement will apply in easements on the establishment.
- The AEZ distance for ground-based applications will be:
- 25 feet for medium or larger droplets sprayed from a height greater than 12 inches from soil surface or planting medium.
- 100 feet for fine droplets.
Additionally, two revisions aim to provide clarity and flexibility:
- An “immediate family exemption” allows farm owners and immediate family members to remain inside enclosed structures during pesticide application.
- A clarification that suspended pesticide applications can resume only after people leave the AEZ.
These changes are part of EPA's efforts to protect farmworker health and advance equity and justice for all communities. More information about these efforts can be found on EPA's website.
EPA will release interim guidance by October's end to support compliance with the new rule, effective 60 days after publication in the federal register notice.
