EPA Issues Guidance on Final Application Exclusion Zone (AEZ) Rule - National Agricultural Aviation Association

As NAAA reported in October, the EPA has finalized the Application Exclusion Zone (AEZ) rule. To assist applicators with understanding the AEZ rule and how to comply with it, EPA has created new guidance. EPA has also created an FAQ document about the rulemaking, as well as a comparison chart showing the differences between the original 2015 AEZ rule, the 2020 version that never went into effect, and the 2024 final AEZ Rule.

All of these resources as well as more information can be found on EPA’s Worker Protection Standard Application Exclusion Zone webpage. Do not refer to any older AEZ guidance, as there is a risk of being noncompliant due to the various changes in the AEZ rule over its nearly decade long history.

Here are the key points for aerial applicators:

The AEZ rule requires applicators to temporarily suspend an application when any person enters the AEZ.
The AEZ is a circular area with a horizontal radius of 100 feet that moves with the aircraft as it makes the application.
The AEZ exists only during the application.
The AEZ extends off the property being treated and includes all easements.
The application cannot be resumed until the person leaves the AEZ.
There is an exemption for immediate family members – they can remain within the AEZ provided they remain inside enclosed structures or homes during the pesticide application.

NAAA joined with numerous other agricultural organizations to oppose (unsuccessfully) the requirements in the final rule that the AEZ extends off the property, includes easements, and that the application can only be resumed once the person has left the AEZ. NAAA argued that allowing the AEZ to extend off a farm owner’s property or onto an easement means a person can prevent the edges of fields from being treatment simply by refusing to leave the area. NAAA also argued that an applicator should be allowed to resume the application if they deemed it was safe to do so, i.e. the wind direction would prevent spray from reaching the person.