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EPA/OCSPP RIN: 2070-AK92 Publication ID: Spring 2021 
Title: ●Pesticides; Agricultural Worker Protection Standard; Reconsideration of Amendments to the Application Exclusion Zone Requirements 
Abstract:

In a final rule amending the Agricultural Worker Protection Standards, the Agency revised the Application Exclusion Zone (AEZ) requirements to simplify and clarify pesticide application practices designed to protect agricultural workers and bystanders from pesticide exposure during applications. The 2015 WPS rule established the AEZ requirements for outdoor production, defined as the area surrounding the application equipment that must be free of all persons other than appropriately trained and equipped handlers during pesticide applications.” The AEZ was designed to move with the application equipment during the period in which the equipment was being used in the pesticide application. The 2015 WPS established an AEZ that encompasses 100 feet from the application equipment in all directions for aerial, air blast, fumigations, mists, and foggers, as well as ground applications with fine or very fine droplet sizes. For ground applications with medium or larger droplet sizes and sprayed from a height of more than 12 inches from the ground, EPA established an AEZ of 25 feet from the application equipment in all directions. On October 30, 2020, EPA promulgated a final rule to: (1) limit the applicability and enforceability of the AEZ to within the boundaries of the agricultural establishment; (2) clarify when pesticide handlers may resume an application that was suspended because of people present in the AEZ; (3) eliminate criteria pertaining to spray quality and droplet size and establishing a simplified 25-foot AEZ for all sprayed applications made from a height of greater than 12 inches from the soil surface or planting medium (the 100-foot AEZ was retained for aerial, air blast, fumigations, mist, and fogger applications); and (4) expand the immediate family exemption to include the AEZ requirements. The do not contact” provision was not revised; the handler must continue to ensure the application will not contact people and take appropriate measures to prevent contact from occurring. The Agency is now in the process of reconsidering the October 2020 final rule in keeping with new executive orders concerning the advancement of racial equity and support for underserved communities through the Federal government (EO 13985), the protection of public health and the environment and restoring science to tackle the climate crisis (EO 13990), tackling the climate crisis at home and abroad (EO 14008), and other Administration priorities (such as the Presidential memorandum on restoring trust in government through scientific integrity and evidence-based policymaking). If EPA determines to amend the October 2020 final rule based on the Agency's reconsideration, EPA will solicit public comment through a notice of proposed rulemaking.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 40 CFR 170   
Legal Authority: 7 U.S.C. 136 to 136y Federal Insecticide Fungicide and Rodenticide Act   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  To Be Determined 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Information URL: https://www.epa.gov/pesticide-worker-safety  
Sectors Affected: 111 Crop Production; 111421 Nursery and Tree Production; 113110 Timber Tract Operations; 113210 Forest Nurseries and Gathering of Forest Products; 11511 Support Activities for Crop Production; 115112 Soil Preparation, Planting, and Cultivating; 115114 Postharvest Crop Activities (except Cotton Ginning); 115115 Farm Labor Contractors and Crew Leaders; 115310 Support Activities for Forestry; 325320 Pesticide and Other Agricultural Chemical Manufacturing; 541690 Other Scientific and Technical Consulting Services; 541712 Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology); 813311 Human Rights Organizations; 813312 Environment, Conservation and Wildlife Organizations; 813319 Other Social Advocacy Organizations; 813930 Labor Unions and Similar Labor Organizations 
RIN Data Printed in the FR: No 
Agency Contact:
Ryne Yarger
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7508M,
Washington, DC 20460
Phone:202 566-2451
Email: yarger.ryne@epa.gov

Carolyn Schroeder
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7508M,
Washington, DC 20460
Phone:202 566-2376
Email: schroeder.carolyn@epa.gov