Summary Table Comparing the 2015 and 2020 WPS Application Exclusion Zone (AEZ) Provisions to the 2023 Proposed Rule:
"Pesticides; Agricultural Worker Protection Standard; Reconsideration of the Application Exclusion Zone Amendments (RIN 2070-AK92)"
AEZ Provision
2015 WPS Final Rule
2020 AEZ Final Rule*
2023 Proposed Rule
As further
described in...
Applicability of the AEZ
off the establishment
AEZs provide additional protections for
people outside the agricultural
establishment's boundaries
The 2015 AEZ protections for people
outside the agricultural establishment's
boundaries were removed
Restores the 2015 requirements
Unit II.B.
Applicability of the AEZ
within Easements
The requirements to suspend
applications for people within an AEZ are
applicable in all situations, including
when individuals are within an easement
on the establishment (e.g., an easement
for utility workers to access telephone
lines)
AEZ protections no longer included
situations when individuals (e.g., utility
workers) are within an easement on
the establishment
Restores the 2015 requirements
Unit II.C.
AEZ Distances
1. 100 feet for ground-based, fine spray
applications (i.e., smaller than medium
droplet sizes)
2. 25 feet for ground-based sprays using
medium or larger droplet sizes sprayed
above 12 inches
• Established a 25-foot AEZ for all
ground-based applications sprayed
above 12 inches, regardless of
droplet sizes
• Removed the 100-foot AEZ for
ground-based, fine spray
applications.
Restores the 2015 AEZ distances
based on application method,
droplet size, and height of
application
Unit II.D.
Defining "Medium"
Droplet Sizes for AEZ
Distance
Determinations
1. 100-foot AEZ using a droplet smaller
than medium (Volume Median
Diameter (VMD) of less than 294
microns) as a criterion for AEZ
Distances
2. 25-foot AEZ using a droplet size of
medium or larger (VMD greater than
294 microns) sprayed about 12 inches
as a criterion for AEZ Distances
Droplet classification and VMD were
not used for determining the size of an
AEZ; criterion based solely on
application method and height
• Restores the 2015 "medium"
droplet size criterion
• Eliminates VMD as a criterion
• Incorporates by reference the
ASABE S572 defining droplet
spectrum categories (i.e.,
better defines "medium"
droplet size)
Unit II.E.
Immediate Family
Exemption
Not included (i.e., no exemption)
Permits owners and their immediate
family to remain inside enclosed
structures/houses within an AEZ
Retains the 2020 AEZ Rule's
immediate family exemption
Unit II.F.
Clarification on
Resuming Applications
Suspended due to AEZ
Applications must be suspended if
someone is within an AEZ; no explanation
of when applications can resume
Added a clarification that suspended
applications can resume after
individuals are no longer within the AEZ
Retains the 2020 AEZ clarification
Unit II.F.
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"Do Not Contact"
Prohibition on applications from
contacting people, either from direct
contact or spray drift
No change
No change
Unit II.A.2.
*The 2020 AEZ rule was never implemented due to the court-orc
ered stay discussed in Unit II.A.4. of the proposed rule.
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Illustration of the Proposed AEZ Reconsiderations (RIN 2070-AK92)
The AEZ extends
beyond the
establishment's
boundaries*
25-ft AEZ: Ground-
based sprays above
12 inches using
medium or larger
droplets defined by
ASABE S572
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Immediate Family
Exemption: Owners
and their immediate
family can remain in
enclosed structures
that fall within an AEZ
100-ft AEZ;
Ground-based
sprays using
smaller than
medium droplets
(i.e., fine sprays)
defined by ASABE
S572
The AEZ extends
into Easements*
*See the Application Exclusion Zone Guidance on how to resume a pesticide application if someone falls within an AEZ in areas
outside of the owner's legal control (e.g., outside of the establishment's boundaries or within easements).
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