Worker Protection Standard Application Exclusion Zone
What are the AEZ Requirements
The Application Exclusion Zone (AEZ) is an area surrounding the pesticide application equipment that, during a pesticide application, must generally be free of all persons other than appropriately trained and equipped handlers. The AEZ moves with the application equipment. It may have a 25-food or 100-foot radius, depending on the application type and droplet size used.
Pesticide handlers must temporarily suspend the application if workers or other people are in the AEZ, whether those people are on- or off-establishment. Agricultural employers must not allow any worker or other person (other than appropriately trained and equipped handlers involved in the application) in an AEZ that is within the boundaries of the agricultural establishment.
The AEZ requirements can be found at 40 CFR § 170.505. These are the 2015 AEZ requirements, which remain in effect until further notice.
Since 2015, the AEZ provisions have been considered for revisions. Further information on these activities are summarized below.
For more information on AEZ requirements in the 2015 Worker Protection Standard (WPS), please see our AEZ Fact Sheet.
2023 Proposed AEZ Rule
On March 13, 2023, EPA published a proposed rule for notice and comment in the Federal Register (88 FR 15346) that reconsiders the 2020 AEZ requirements in response to Executive Order 13990. This proposed rule would reinstate some 2015 WPS AEZ requirements and retain certain 2020 AEZ Rule provisions if finalized.
The proposed rule was open for a 60-day public comment period, which closed on May 12, 2023. The docket for public comments can be found here: EPA-HQ-OPP-2022-0133 at www.regulations.gov. A final rule is currently under development.
2020 AEZ Rule
On October 30, 2022, 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 at 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).
Therefore, at this time, there is no implementation of the 2020 Rule as a court-ordered preliminary injunction has stayed the effective date of the 2020 Rule and enjoined EPA from implementing the 2020 revisions. This preliminary injunction is in effect until August 15, 2024.
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 considered 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.
For complete information about the WPS rule requirements, refer to the final WPS rule.
Find additional information about the WPS.
- 2023 Proposed 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 AEZ provisions, contact Ryne Yarger at yarger.ryne@epa.gov or Aidan Black at black.aidan@epa.gov.