Tag Archives: U.S. Environmental Protection Agency

EPA Releases Final Ruling on Application Exclusion Zone

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December 2024 FloridAgriculture eNewsletter

Effective December 4, 2024, the U.S. Environmental Protection Agency (EPA) has mandated Application Exclusion Zones (AEZ), which include additional precautions to protect workers and bystanders during pesticide applications. The AEZ refers to the area immediately surrounding the pesticide application equipment, and only exists during the application, moves simultaneously with the equipment and can extend outside of the property’s boundaries. The size of the AEZ is determined through application method and droplet size.

Pesticide handlers will now be subject to stricter Worker Protection Standards under the AEZ Final Rule. Pesticide applicators must suspend applications if any other persons are in the AEZ, regardless of whether they are within the property’s boundaries or in an easement on the property. Additionally, agricultural employers and establishment owners are responsible for ensuring no person is within an AEZ on their property, other than the licensed pesticide applicator.

Under the AEZ Final Rule, the AEZ must be a minimum of 100 feet horizontally in all directions when a pesticide is applied by the following methods: air (fixed wing or helicopter); air blast or air propelled; fumigant, smoke, mist, or fog, or fine spray quality/droplet size.

Additionally, the AEZ must be a minimum of 25 feet horizontally in all directions when a pesticide is applied by the following methods: not applied in a manner that would require a 100-foot buffer or using medium or large spray quality/droplet sizes, sprayed from a height of greater than 12-inches from the soil surface or planting medium.

No AEZ is required when the pesticide is applied in a manner other than the aforementioned methods. The AEZ Immediate Family Exemption allows farm owners and their immediate family members to remain inside closed buildings during pesticide applications, given the stipulations are satisfied.

Florida Farm Bureau supports the continued use of agricultural chemicals that currently have no viable alternatives. We further encourage research funded through state and federal agencies, as well as private associations, to develop economically viable crop protection options, including but not limited to soil fumigants for agricultural producers.

U.S. farmers must not be constrained by regulations that result in a competitive disadvantage.

Any questions or concerns regarding the final ruling can be directed to the Florida Farm Bureau Ag Policy Department.

Federal Judge Vacates Florida’s 404 Permitting Authority

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May 2024 FloridAgriculture e-Newsletter

On February 15, 2024, the U.S. District Court for the District of Columbia issued an order that nullified the U.S. Environmental Protection Agency’s (EPA) approval of Florida’s application to take over permitting authority from the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act (CWA) within the state. The court’s decision was based on allegations that the federal defendants violated the Administrative Procedure Act (APA) and the Endangered Species Act (ESA) during the approval process, which occurred in the final days of the Trump administration.

Under the ESA, any action that might harm endangered species requires consultation with the U.S. Fish and Wildlife Service (FWS) to ensure the action does not jeopardize the species’ existence. When Florida assumed the 404-permitting program, there was no clear process for ESA consultation. To address this, the EPA and FWS conducted a programmatic consultation resulting in a biological opinion (BiOp) and incidental take statement (ITS) meant to protect future permittees from ESA liability.

However, the court found this process deficient, particularly because it lacked species-specific analysis and numerical take limits as well as determined that the technical assistance process proposed by the defendants was not a lawful substitute for ESA procedures. Consequently, the court ordered the vacating of EPA’s approval of Florida’s assumption application, effectively reverting permitting authority to USACE until further resolution.

The ruling would affect pending and future permits, significantly impacting Florida’s environmental regulation landscape. The court acknowledged potential disruption but emphasized the importance of complying with ESA requirements. It was uncertain how state and federal agencies would respond, but the decision underscores the complexity and sensitivity of environmental permitting processes, especially concerning endangered species protection.

On February 26, shortly after the Court ruled to vacate Florida’s permitting authority, the Florida Department of Environmental Protection (FDEP) filed a motion for a partial stay, which would allow for the state to process the 1,500 permits without an ESA designation. Of those permits, around 90% would be allowed if the stay was granted and could move forward through FDEP. The preceding judge called for a conference regarding the issue on April 4th in Washington D.C., and on April 12th, Judge Randolph Moss issued an order to deny FDEP’s motion for a stay. As a result, Florida quickly launched an appeal to challenge the decision by U.S. District Judge Moss at the U.S. Circuit Court of Appeals for the District of Columbia. It is uncertain whether FDEP will regain authority to issue 404 permits again, but in the meantime, all pending and future 404 permits will be processed by USACE.

EPA cancels labels for Chlorpyrifos, Diazinon, and Malathion under the Endangered Species Act

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May 2024 FloridAgriculture e-Newsletter

On April 2, the U.S. Environmental Protection Agency (EPA) announced changes to the pesticide labeling requirements of chlorpyrifos, diazinon, and malathion. Additionally, the EPA committed to issuing Endangered Species Protection Bulletins that set geographic limitations for these organophosphate insecticides, which will be available on Bulletins Live! Two.

Chlorpyrifos, diazinon, and malathion are commonly used to control foliage and soil insect pests. Pesticide products containing chlorpyrifos are registered for use in agricultural crops and on nonfood uses, such as ornamental plants, golf course turf, and as wood treatment. Diazinon is used on a variety of specialty crops and in cattle ear tags to control flies. There are no residential uses of chlorpyrifos or diazinon. Malathion is used in the production of a wide variety of food and feed crops to control many types of insects such as aphids, leafhoppers, and Japanese beetles, by home gardeners for outdoor residential uses, and for controlling mosquitos.

Bulletins for all three pesticides include restrictions on when to apply and restrictions on tank mixing. There are additional restrictions for the chemistries pertaining to run-off and drift, found here. Amended label guidance will be included in the next printing of product labels, with a 12-month existing stock provision. EPA requested and National Marines Fisheries Service (NMFS) granted an extension until August 2024 to implement the biological opinion (BiOp) with updates for labels with food uses. This will allow the EPA time to cancel all food uses except for the 11 food crops specified previously in EPA’s 2020 Chlorpyrifos Proposed Interim Decision (PID) (alfalfa, apple, asparagus, cherry (tart), citrus, cotton, peach, soybean, strawberry, sugar beet, and wheat (spring and winter)).

For further information or questions, please contact Florida Farm Bureau’s Ag Policy Department.