EPA Finalizes Rule on Pesticide Exposures
This week the U.S. Environmental Protection Agency is announcing a final rule to restore the pesticide Application Exclusion Zone (AEZ) requirements under the 2015 Agricultural Worker Protection Standard (WPS). The AEZ is an area surrounding outdoor pesticide application equipment where people are prohibited while pesticides are applied. This rule finalizes the agency’s 2023 proposed rule without change. It reinstates AEZ protections, extends protections for neighboring communities, makes requirements easier to understand, and provides flexibilities for family farms without compromising protections.
Application Exclusion Zone
In 2015, EPA made significant changes to the Worker Protection Standard (WPS) regulation to reduce incidents of pesticide exposure among farmworkers and their family members.
These changes include creating the “Application Exclusion Zone” (AEZ), an area with additional requirements to protect workers and bystanders. This area immediately surrounds the pesticide application equipment during an outdoor pesticide application. The AEZ only exists during the application, moves with the equipment during application, and can extend outside of an agricultural establishment (e.g., school grounds, residential neighborhoods). The 2015 regulation required that pesticide applicators suspend their applications if anyone is in the AEZ. It also required employers to ensure that the AEZ requirements are understood and followed and prohibited employers from directing or allowing any of their workers to enter an AEZ.
In 2020, the previous administration published a rule limiting AEZ protections to agricultural establishments and shrinking the size of the AEZ from 100 feet to 25 feet for some ground-based spray applications. In 2021, EPA began reviewing the 2020 AEZ Rule in accordance with Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. The agency determined that the provisions in the 2020 AEZ Rule that weakened protections for farmworkers and nearby communities from pesticide exposure should be rescinded. The proposed rule to reinstate several provisions of the 2015 rule was published in March of 2023. With this new action, EPA is finalizing its 2023 proposed rule without change. The final rule reinstates several 2015 WPS provisions protecting farmworkers and bystanders, including:
- The AEZ suspension requirement will apply beyond the boundaries of the agricultural establishment.
- The AEZ suspension requirement will apply in easements on the establishment (for example, easements for utility workers to access telephone lines).
- The AEZ distance for ground-based applications will be:
- 25 feet for applications with medium or larger droplets when sprayed from a height greater than 12 inches from the soil surface or planting medium.
- 100 feet for applications with fine droplets.
Additionally, the final rule includes two revisions that the agency believes provide clarity and flexibility for growers and farming families without increasing risk to farmworkers and bystanders:
- An “immediate family exemption” that allows farm owners and their immediate family to remain inside enclosed structures or homes during pesticide application. This exemption, which is limited to farming families, provides them the flexibility to decide whether to stay on-site during pesticide applications, rather than compelling them to leave even when they feel safe remaining in their own homes.
- A clarification that suspended pesticide applications can resume only after people leave the AEZ.
EPA will release interim guidance by the end of October to support the regulated community in complying with the new rule and will accept feedback on how to improve the guidance after its release. The new rule will be effective 60 days after publication of the federal register notice and will be available in docket EPA-HQ-OPP-2022-0133 at the Regulations.gov page.
Welcome to WAPA
Governor Signs Ag Overtime Bill
Ignoring the pleas of real farmworkers and the agricultural industry, Governor Edmund G. Brown Jr. today
signed AB 1066, the ag overtime legislation. This means that California will have the most stringent trigger
of any state in the country for overtime for farmworkers, with 45 states having no overtime protection at
all. The Governor signed this bill, supposedly to bring “equality to all workers”, yet taxi cab drivers,
commercial fishermen, car salesmen, student nurses, computer programmers, and carnival workers all work
without any overtime provisions whatsoever. The Governor signed this ag overtime bill in the same year that
minimum wage legislation was also passed that will take California to the highest minimum wage as well as
legislation forcing California to adopt additional greenhouse gas regulations for businesses in California.
California is the only state in the country subject to such regulations. Today’s signing occurred despite
numerous requests by the agricultural industry to meet with the Governor to discuss our concerns. The
message is clear. California simply doesn’t care. These provisions will be phased in over the next few years
ending with the overtime provisions to be triggered at 8 hours per day and 40 hours per week.
In the Beginning
As folks transitioned out of cotton and into tree nuts, the industry recognized the need to have active and
effective representation at the local, state and national levels. Having enjoyed such effective
representation over the years from the California Cotton Ginners and Growers Associations, these folks
yearned for the same representation in the tree nut processing industry. Issues such as air quality, food
safety, labor, taxes, employee safety, and environmental concerns are at the forefront, and there is a
significant need for an aggressive and dynamic Association to lead the industry into the next decade and
beyond. In recognition of this, the Western Agricultural Processors Association was created in 2009.
The Western Agricultural Processors Association (WAPA) shares staff and office space with the California
Cotton Ginners and Growers Associations taking advantage of a unique and opportunistic situation. WAPA is a
voluntary dues organization with four shared staff and one dedicated staff person. Regulatory, legislative
and legal issues fall under the purview of this new organization for the tree nut processing industry, which
includes almonds, pecans, pistachios and walnuts. From air quality permits to conditional use permits, from
regulatory hearings on greenhouse gases to federal legislation on food safety, and from OSHA violations to
assisting members on hazardous materials business plans, no issue is too small or too large for WAPA. WAPA
has assembled one of the best and most capable staffs in the industry, and the results are already starting
to show
Membership
The Western Agricultural Processors Association represents facilities involved in the processing of almonds,
pecans, pistachios and walnuts.Membership in the Association is classified as Regular memberships are
limited to almond hullers or processors, pecan and pistachio processors, and walnut dehydrators and
processors.
Associate memberships are limited to any individual or business entity which is not engaged in agricultural
processing, but which provides products or services directly related to the agricultural processing
industry. WAPA Associate members include, but are not limited to, commodity brokers, accounting firms, and
insurance brokers.
Organization
The Western Agricultural Processors Association is governed by a Board of Directors, elected by its
membership.The Board consists of up to 15 members from throughout the state, and throughout the industry.The
Board meets on a quarterly basis and conducts an Annual Meeting in the spring of each year.WAPA, in
conjunction with the California Cotton Ginners and Growers Associations, conducts a special training school
for its members focused on safety.In combination with the school, the Association holds a Labor Management
Seminar for all of the managers.
Consulting Services
In researching and considering the concept of forming a new organization, the Boards of Directors for the
California Cotton Ginners and Growers Associations instructed staff to perform some of the work on a
consulting basis first. The point was to determine the workload from consulting and to determine if there
was sufficient interest. In November of 2007, the Association began conducting services under consulting
contracts for such services as air quality permits and safety plans.The effort has been so successful that
demand has progressed outside the tree nut industry into other agricultural processing facilities, including
vegetable dehydration facilities, tomato processing facilities, and wheat mills, as well as cotton gins in
Arizona.It was determined by the new Board of Directors of WAPA, that WAPA would maintain the consulting
services to provide offsetting income to help with the expenses of getting the new organization up and
running.Today, WAPA provides for a long list of satisfied clients in the agricultural processing industry,
by providing critical services such as air quality, safety, food safety, and environmental issues (Hazardous
Materials Business Plan, Spill Prevention Control and Countermeasure Plans, etc.).