Archives

November 22, 2024

EPA Announces Interim Guidance on the 2024 Application Exclusion Zone (AEZ) Rule under the Agriculture Worker Protection Standard

On November 13, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its interim guidance and additional materials to support the regulatory community in implementing the requirements of the October 4, 2024, final rule for the Agricultural Worker Protection Standard (WPS) Application Exclusion Zone (AEZ) (2024 AEZ Rule). EPA also has created a Frequently Asked Questions (FAQ) document regarding the rulemaking, as well as a chart comparing the differences between the 2015...
March 16, 2023

EPA Announces Rule Proposal to Update the Pesticide Application Exclusion Zone Requirements under the 2015 Agriculture Worker Protection Standard

On March 13, 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that would update the pesticide Application Exclusion Zone (AEZ) requirements under the 2015 Agricultural Worker Protection Standard (WPS). 88 Fed. Reg. 15346. The proposed rule is available at EPA-HQ-OPP-2022-0133, and comments on the proposed rule are due on or before May 12, 2023. Application Exclusion Zone According to EPA’s press release, the WPS regulations offer protections to...
May 17, 2022

EPA Publishes Notice Concerning Court-Ordered Stay of Effectiveness for Pesticide Application Exclusion Zone Provision of the Agricultural Worker Protection Standard

As reported in our November 2, 2020, blog item, on October 30, 2020, the U.S. Environmental Protection Agency (EPA) issued a final rule on the Agricultural Worker Protection Standard (WPS) regulation that revises the requirements on the pesticide application exclusion zone (AEZ), defined as an “area surrounding the point(s) of pesticide discharge from the application equipment that must generally be free of all persons during pesticide applications.” The final AEZ requirements were...
November 2, 2020

EPA Announces Improvements to Pesticide Application Exclusion Zone Requirements

On October 30, 2020, the U.S. Environmental Protection Agency (EPA) issued a final rule on the Agricultural Worker Protection Standard (WPS) regulation that revises the requirements on the pesticide application exclusion zone (AEZ), defined as an “area surrounding the point(s) of pesticide discharge from the application equipment that must generally be free of all persons during pesticide applications.”  According to EPA, the targeted changes improve the enforceability and...
October 30, 2019

EPA Proposes Rule to Update the Worker Protection Standard Pesticide Application Exclusion Zone Requirements

On October 24, 2019, the U.S. Environmental Protection Agency (EPA) announced that it is proposing narrow updates to the Worker Protection Standard’s (WPS) provision on the Application Exclusion Zone (AEZ) requirements.  By narrowing updates to the WPS, EPA states that it will “improve the long-term success of the agency’s Application Exclusion Zone requirements” and “would improve enforceability for state regulators and reduce regulatory burdens for farmers.”  EPA believes...
February 23, 2018

EPA Posts Videos and FAQs on WPS and AEZ

On February 15, 2018, the U.S. Environmental Protection Agency (EPA) added resources to its website regarding the Worker Protection Standard (WPS) and the Application Exclusion Zone (AEZ) requirements of the WPS.  As of January 2, 2018, full compliance is required with all of the AEZ-related requirements in the WPS. The new EPA website resources include: While many welcome EPA’s guidance on the many thorny issues presented by the WPS and AEZ requirements, some believe...
December 21, 2017

EPA Signals New Rulemakings On Worker Protection Standard and Certification of Pesticide Applicators

The U.S. Environmental Protection Agency (EPA) recently announced, in two separate notices, that it is initiating a process to revise (1) certain requirements in the Agricultural Worker Protection Standard (WPS) (82 Fed. Reg. 60576 (Dec. 21. 2017)); and (2) to revise the minimum age requirements in the Certification of Pesticide Applicators (C&T) rule.  82 Fed. Reg. 60195 (Dec. 19. 2017). For the WPS rulemaking, the provisions at issue were identified as part of the...