The U.S. Environmental Protection Agency (EPA) has finalized a rule that strengthens protections for farmworkers, their families, and nearby communities from harmful pesticide exposure. This decision reinstates the Application Exclusion Zone (AEZ) requirements under the Worker Protection Standard (WPS), a move designed to ensure public health by preventing pesticide drift during agricultural applications. The new rule, set to take effect on December 3, 2024, restores key protections that were weakened by a 2020 amendment.
What Is the Application Exclusion Zone (AEZ)?
The AEZ is a buffer zone around pesticide application equipment that must remain clear of all individuals except trained and equipped handlers during pesticide applications. This zone moves with the application equipment, and any pesticide use must be suspended if people enter the AEZ. These provisions are critical to preventing pesticide drift, a major risk to farmworkers and bystanders, including those living near treated fields.
The rule revises the 2020 amendments, which restricted AEZ applicability to within the farm’s property lines and relaxed certain requirements on ground-based pesticide applications. Under the new rule, protections are extended to individuals both on and off the farm, safeguarding not only workers but also nearby communities from unintended pesticide exposure.
Key Changes in the New Rule
The EPA’s final AEZ rule brings back several key protections from the 2015 Worker Protection Standard, including:
- Expanded AEZ Coverage: The AEZ now applies to individuals both on and off the farm. This means pesticide applications must be suspended if anyone—whether on the property or in neighboring areas—enters the AEZ, offering broader protection for people living or working near treated areas.
- Stricter Distance Requirements: For ground-based applications, the AEZ now extends 100 feet for fine sprays and 25 feet for medium to large droplets, depending on the application method.
- Protections for Workers and Families: The rule maintains the provision allowing farm owners and their immediate families to remain in enclosed structures during applications, but ensures no other workers or individuals are present within the AEZ unless they are trained pesticide handlers.
Why the Changes Matter
Pesticide exposure remains a significant concern for farmworkers, their families, and communities near agricultural fields. Pesticides can drift beyond treated areas, contaminating nearby environments and posing health risks such as skin irritation, respiratory issues, and chronic diseases, including cancer.
The EPA’s decision to revise the AEZ rule follows Executive Order 13990, which directed federal agencies to reexamine policies that impact vulnerable populations. Farmworkers—many of whom are immigrants—are at greater risk of pesticide exposure due to their proximity to treated areas. By reinstating these safeguards, the EPA aims to reduce pesticide-related risks for these communities.
Carolyn Schroeder, Chief of the Pesticide Re-Evaluation Division at the EPA, emphasized the importance of these protections: "This rule restores essential safeguards to protect farmworkers and their families from the harmful effects of pesticide exposure. By extending the AEZ beyond property lines, we are prioritizing public health and environmental justice."
Stakeholder Responses
The final AEZ rule has been met with strong support from farmworker advocacy groups and environmental organizations.
Nargess Shadbeh from the Oregon Law Center praised the EPA’s actions, saying:
This is a significant victory for farmworkers and rural communities. For too long, families living near farms have been exposed to toxic chemicals without adequate protection. This rule helps bridge that gap.
Patti Goldman, an attorney with Earthjustice, highlighted the importance of protecting vulnerable populations:
Farmworkers and nearby communities are disproportionately affected by pesticide exposure. This rule will help reduce these risks and promote environmental justice.
However, some industry groups have expressed concern about the impact of the rule on farm operations. AmericanHort, a horticulture trade association, shared their perspective during a meeting with the EPA:
While we support the protection of workers, we urge the EPA to provide clarity on compliance requirements and offer flexibility for smaller farms.
Looking Ahead
The new AEZ rule is a significant step forward in reducing pesticide exposure risks for farmworkers and nearby communities. Effective December 3, 2024, agricultural employers will be required to comply with the stricter AEZ guidelines to protect workers and the public during pesticide applications.
The EPA is also committed to increasing outreach and providing resources to ensure that farm operators and workers are fully aware of the changes. This rule reflects a broader focus on environmental justice, particularly for communities disproportionately affected by pesticide exposure.
