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EPA is proposing changes to the requirements in the Agricultural Worker Protection Standard (WPS) to clarify and simplify the application exclusion zone (AEZ) requirements.

Statement of Need:

EPA identified the need to consider revisions to the AEZ requirements in the WPS at 40 CFR 170, and solicited additional information and public comment to inform its proposed revision of the rule's AEZ requirements. EPA  proposes to clarify and simplify the AEZ requirements based in part on input received as part of EPA's outreach efforts with state lead agencies (SLAs) and various stakeholders after the 2015 rule.

Summary of the Legal Basis:

7 U.S.C. 136-136y of the Federal Insecticide Fungicide and Rodenticide Act

Alternatives:

EPA considered making no changes to the current regulations or issuing guidance to clarify and simply the requirements for outdoor production. However, making no changes would not substantively address concerns identified by stakeholders and may require more extensive training and outreach without added benefits or protection.

Anticipated Costs and Benefits:

The primary benefit of revising the AEZ requirements is a reduction in the complexity and enforceability of applying a pesticide. This is a deregulatory action and is expected to reduce the burden for affected entities. Revising the requirements is expected to substantially reduce the complexity of arranging and conducting a pesticide application.

Risks:

EPA is unable to quantify any increased or decreased risk of pesticide exposure from revising the AEZ requirements; any increase or decrease may be negligible. Though simplified under the proposal, the AEZ remains as a reminder to employers and handlers that pesticide may drift beyond the intended area and that proper care is required to avoid contact with others. Employers will still be required to keep people out of the AEZ that is within the establishment.