View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/OCSPP RIN: 2070-AK92 Publication ID: Fall 2022 
Title: Pesticides; Agricultural Worker Protection Standard; Reconsideration of Amendments to the Application Exclusion Zone Requirements 

EPA is reconsidering certain revisions to the Application Exclusions Zone (AEZ) under the Agricultural Worker Protection Standards as amended in an October 2020 final rule. 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) provide an immediate family exemption to the AEZ requirements. The “Do Not Contact” provision was not revised; therefore, the handler must continue to ensure the application will not contact people and take appropriate measures to prevent contact from occurring. EPA will solicit public comment through a notice of proposed rulemaking.

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 170   
Legal Authority: 7 U.S.C. 136 to 136y Federal Insecticide Fungicide and Rodenticide Act   
Legal Deadline:  None
Action Date FR Cite
NPRM  02/00/2023 
Final Rule  12/00/2023 
Additional Information: EPA-HQ-OPP-2022-0133.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State, Tribal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
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:
Aidan Black
Environmental Protection Agency
1200 Pennsylvania Avenue NW, Mail Code 7508M,
Washington, DC 20460
Phone:202 566-2381

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