US Environmental Protection Agency Office of Pesticide Programs WPS HOW TO COMPLY FACT SHEET: Information on How to Comply with the Application Exclusion Zone (AEZ) Requirements ------- WPS HOW TO COMPLY FACT SHEET: Information on How to Comply with the Application Exclusion Zone (AEZ) Requirements When you use a pesticide product with labeling that refers to the Worker Protection Standard fWPSl. you must comply with the requirements of the federal WPS (Code of Federal Regulations (CFR), Title 40, Pai ). If you do not comply with the WPS requirements, you will be using a pesticide product in a manner inconsistent with its labeling, which is a violation of federal law. One of the most important WPS requirements is that the handler/applicator employer and the handler/applicator must assure that no pesticide is applied so as to contact, directly or through drift, any workers or other people, other than appropriately trained and equipped handlers involved in the application. You must not let pesticides contact workers or any other people! This is a requirement for both handlers and handler employers and it is also a labeling requirement the pesticide applicator must comply with. I The "do not contact" requirement is not limited by distance or the boundaries of the establishment, so pesticides must not contact workers or other people whether they are on or off the agricultural establishment and regardless of how far away they are from the application. One important revision made in the 2015 update is the inclusion of an "application exclusion zone" ("AEZ"). The AEZ is an area surrounding pesticide application equipment that exists only during outdoor production pesticide applications.1 The AEZ requirements supplement the "do not contact" requirement by establishing minimum exclusion zones around ongoing pesticide applications that workers and other people must be kept out of on the agricultural establishment. There is a second AEZ requirement that applies to pesticide handlers making pesticide applications. Both requirements are discussed in more detail below. The AEZ requirements are intended to reduce the number of cases where workers or bystanders are contacted by pesticides during agricultural pesticide applications. AEZ Requirements in a Nutshell (Plain Language Interpretation) 1. Ensure that everyone (other than trained and equipped handlers involved in the application) is always an appropriate distance away from the application equipment and the area being treated during pesticide applications such that they will not be contacted by the pesticide or pesticide drift during the application. 2. When applying a pesticide near establishment borders where other persons (off the establishment) may be in the proximity of the ongoing application, do the following: 1 NOTE: There are comparable but different AEZ-type requirements for enclosed space production that are not addressed in this fact sheet. Please refer to pp. 39-41 in Chapter 3 of the WPS How to Comply Manual. 1 | e ------- - Suspend: If people are present, pause the application. - Evaluate: Evaluate the situation and conditions and determine if you can resume the application without contacting anyone with the pesticide, either directly or through drift. - Resume: Resume the application only if you are sure you can continue without it resulting in contact with any nearby workers or other persons. Example 1: If workers/people are in theAEZ off the establishment pause the application. Check and see if the workers/people can temporarily leave while you make the application. The application can resume when workers/people are no longer in theAEZ. Example 2: If workers/people are in theAEZ off the establishment pause the application. Evaluate the wind conditions to determine if you can safely continue the application without contacting people directly or through drift. Resume the application only if you can ensure you will not contact workers/people with the pesticide application. Requirement for Agricultural Employers to Keep Workers and Other People out of the AEZ The AEZ requirement that applies to agricultural employers builds on the WPS requirement for agricultural employers to keep workers and handlers out of the treated area during pesticide applications. In addition to keeping workers and handlers out of the treated area, when applications of WPS-labeled pesticide products are in progress on their establishments, agricultural employers must also not allow or direct any worker or other person, to enter or to remain in the AEZ that is within the boundaries of the establishment. This requirement has been in effect since January 2, 2017. • As the application equipment moves, areas that were in the AEZ cease to be within the AEZ, and entry is permitted to all such areas that are not treated areas. Whenever the application is suspended or completed, the AEZ no longer exists. Entry into the treated area is subject to the restricted-entry interval (REI) specified on the pesticide product labeling and to the relevant WPS restrictions after applications. • The requirement for the agricultural employer to keep people out of the AEZ only applies within the boundaries of the establishment because the agricultural employer is not expected to control people off the establishment. Basically, the AEZ requires that agricultural employers keep workers and other people on the establishment a specified distance away from the pesticide application equipment when pesticide applications are taking place. 2 | e ------- Effective January 2, 2017: The agricultural employer must not allow any workers or other persons in the AEZ that is within the boundaries of the agricultural establishment when the application is occurring. Requirement for Handlers (Applicators) to Suspend Pesticide Applications if Workers or Other People are in the AEZ • Effective January 2, 2018, there is a second AEZ requirement that applies to pesticide handlers making pesticide applications. Specifically, the handler making a pesticide application must temporarily suspend the application if any worker or other person (other than an appropriately trained and equipped handler involved with the application) is in the AEZ. The handler's obligation to suspend the application applies if a worker or other person is in any portion of the AEZ - on or off the establishment. • This AEZ requirement to suspend applications applies beyond the boundaries of the establishment because the handler (applicator) and handler employer have full control over the pesticide application. The WPS does not specifically address when a handler (applicator) may resume the application. In April 2016, EPA issued guidance about when a handler (applicator) could restart a suspended application if workers or other persons are in the AEZ off the establishment. If the only workers or other persons in the AEZ are outside the agricultural establishment, the applicator must suspend the application but may proceed if the applicator can ensure that the pesticide will not contact any persons that are in the AEZ beyond the boundary of the establishment. This includes scenarios where there may be homes, buildings, roads or bike paths that are off the establishment but within the AEZ when pesticides are being applied near the establishment boundary. I Effective January 2, 2018: Handlers must temporarily suspend pesticide applications if any person (other than a trained and equipped handler) enters or is in the AEZ. 3 | P a g e ------- Determining the Application Exclusion Zone (AEZ) The AEZ moves with the application equipment like a halo around the application equipment. Once the application is over, the AEZ does not exist. To determine the size of the AEZ, you measure outward from the farthest end nozzles on the application equipment horizontally in all directions. The size of the AEZ is determined by the application method and spray quality. Spray quality (defined by the American Society of Agricultural and Biological Engineers (ASABE) Standard S-572.1) is based on several factors including the nozzle design, system pressure, and speed of the application equipment. The eight ASABE spray quality categories (which are also referenced in most nozzle charts) include: • Smaller than medium: o Extra fine (XF) o Very fine (VF) o Fine (F) • Medium or larger: o Medium (M) o Coarse(C) o Very coarse (VC) o Extra coarse (XC) o Ultra coarse (UC) The AEZ must be a minimum of 100 feet horizontally in all directions when the pesticide is applied: • By air (fixed wing or helicopter), • By an air blast application method, • As a spray using a spray quality smaller than medium (i.e., fine, very fine or extra fine), or • As a fumigant, smoke, mist, or fog. The AEZ must be a minimum of 25 feet horizontally in all directions when the pesticide is: • NOT applied in a manner that would require a 100 foot AEZ, and 4 | Page ------- • Sprayed from a height of greater than 12 inches from the planting medium (soil) using a spray quality of medium or larger (i.e., medium, coarse, very coarse, extra coarse and ultra-coarse). No AEZ is required when the pesticide is applied in a manner other than those covered above (i.e., equal to or less than 12 inches from the soil with medium or larger spray quality). Situations where no AEZ is required include applications of granular pesticides, soil incorporated pesticides (not fumigants); pre-plant, at-plant, and spot-spray pesticide applications as long as they are less than 12 inches from the soil and use a medium or larger spray quality. NOTE: If the pesticide product labeling contains specific instructions or requirements that conflict with the requirements of the Worker Protection Standard, always follow the instructions or requirements on the labeling. This is especially important when applying fumigants. 5 I I ------- |