On Feb. 15, the EPA released a draft proposed rule that would address the Application Exclusion Zone (AEZ) requirements defined in the 2015 Worker Protection Standard (WPS). Notably, this would uphold the current requirement to suspend applications when any persons enter the AEZ (a 100-foot radius for aerial applications), even if they are outside the property being treated.
At the end of 2020, the EPA revised the AEZ from the original requirements laid out in the 2015 WPS. NAAA and other agricultural groups had advocated for these revisions, which, among other things, removed AEZ applicability outside the boundary of the property being treated. Before these revisions could take effect, the EPA was sued in two separate cases over them, resulting in a preliminary injunction from the U.S. District Court for the Southern District of New York, which stayed the effective date of the 2020 rule. The injunction has effectively resulted in the 2015 AEZ requirements continuing to be the law of the land.
The EPA’s 2023 draft proposed rule will largely seek to unwind the favorable 2020 revisions and revert to the 2015 WPS AEZ requirements. However, some of the revisions will be incorporated. View Summary Comparison Table.
NAAA is closely monitoring the situation and will provide comments to the EPA once the proposed rule is published. These will build on NAAA’s previous comments on the 2020 revisions and appeal to the EPA to recognize the practical challenges around complying with AEZs extending outside the property being treated. Further, NAAA will continue to advocate for making the AEZ wind directional. The same logic and facts (drift moves downwind) that apply to buffer zones should also apply to defining the AEZ.
Look for a grassroots request from NAAA to also submit your own comments to the EPA on this important issue.
