Worker Protection Standard Application Exclusion Zone
On October 30, 2020, EPA finalized updates to the AEZ provisions under the WPS. The 2020 Rule, originally set to go into effect on December 29, 2020, made modifications to the 2015 WPS/AEZ requirements.
In December 2020, two petitions were filed in the U.S. District Court for the Southern District of New York and in the U.S. Second Circuit Court of Appeals challenging the 2020 Rule (now consolidated as case number 20 Civ. 10642).
At this time, there is no implementation of the 2020 Rule as a preliminary injunction has stayed the effective date of the 2020 Rule and enjoined EPA from implementing the 2020 revisions. Therefore, until further notice, the 2015 WPS remains in effect with no changes to the AEZ provisions. This preliminary injunction is in effect until February 22, 2023, but could be extended as the litigation is ongoing. The 2020 Rule is concurrently undergoing review per the Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.
View the AEZ comparison table. This table summarizes the differences between the 2015 WPS/AEZ requirements and the final rule EPA issued in the Federal Register on October 30, 2020.
To view the final rule, please visit docket EPA-HQ-OPP-2017-0543.
Frequent Questions on AEZ
The videos and documents below provide general guidance to help you comply with the AEZ requirements of the WPS for agricultural pesticides, 40 CFR part 170, as amended in 2015. New guidance on the AEZ will be provided after the final rule becomes effective.
The following video provides a visual representation of an application AEZ. As the airplane moves across the field, or the area in green, the color changes to blue, indicating that the area has been treated and is subject to the restricted-entry interval (REI) specified on the pesticide product labeling and to the relevant Worker Protection Standard restrictions after applications.
This video provides a visual representation of an AEZ on field borders. To comply with WPS AEZ requirements you must suspend pesticide application if people are present. Then, you must evaluate the situation and conditions and determine if you can resume the application without contacting anyone with the pesticide, either directly or through drift.
- 2020 Final AEZ Provisions Frequently Asked Questions
- 2015 Worker Protection Standard Frequently Asked Questions
- Application Exclusion Zone Question and Answer Fact Sheet
For questions about how to comply with the WPS rule requirements and the 2020 AEZ revisions, contact Ryne Yarger at (email@example.com)