Archives

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...
September 28, 2020

Register Now for Pesticides, Farmworkers, Industry, and Environmental Justice, October 1, 2020, 12:00 – 1:30 p.m., via webinar

Innovations in agricultural chemicals have revolutionized and enhanced food production, but with progress come new challenges.  Agricultural chemicals can have widespread impacts on ecosystems and human health, and marginalized communities — children and farmworkers in particular — can be especially vulnerable.  Manufacturers, regulatory agencies, public health experts, and nonprofit organizations are working to address these challenges head-on by developing new products 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...
September 21, 2018

EPA to Host Best Practices for Ground Application Webinar

On September 20, 2018, the U.S. Environmental Protection Agency (EPA) announced it would be hosting a webinar titled “Best Practices for Ground Application” on October 25, 2018, from 2:00 p.m. to 3:30 p.m. (EDT).  The announcement states that this webinar is tailored for “growers, pesticide applicators, pest management professionals, and other interested stakeholders who work in crop production.” The webinar will be presented by Dr. Greg Kruger, a weed science and application...
June 15, 2018

EPA to Publish NOA for WPS Training Materials; Employers Required to Provide Expanded Training within 180 Days

On June 14, 2018, the U.S. Environmental Protection Agency (EPA) announced that it will soon publish in the Federal Register a Notice of Availability (NOA) stating that worker safety training materials, including the expanded subject matter required by the 2015 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Worker Protection Standard (WPS) for agricultural workers and pesticide handlers, are available for use.  The prepublication version of the NOA is available...
June 6, 2018

Lawsuits Filed in Federal District Court Regarding WPS Training Delay

On May 30, 2018, two complaints were filed against the U.S. Environmental Protection Agency (EPA) in the United States District Court for the Southern District of New York.  Both of these suits concern a decision by EPA to defer publication of a notice of availability (NOA) of training materials prepared pursuant to the Agricultural Worker Protection Standard (WPS), 40 C.F.R. Part 170.  The WPS was originally promulgated in 1974, substantially amended in 1992, and then...
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...
February 15, 2018

EPA Settles with Syngenta on FIFRA Violation Related to Restricted-Use Pesticide

On February 12, 2018, the U.S. Environmental Protection Agency (EPA) announced it has reached an agreement with Syngenta Seeds, LLC (Syngenta), a pesticide company in Hawaii, to resolve alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) at its farm in Kekaha, Kauai.  The settlement includes two penalty components:  a $400,000 Supplemental Environmental Project (SEP) for worker protection standard (WPS) training; and $150,000 as a civil penalty....