WAC 296-307-10915

(1) Outdoor production pesticide applications.

(a) During any outdoor production pesticide application, the agricultural employer must not allow or direct any worker or other person, other than an appropriately trained and equipped handler involved in the application, to enter or to remain in the treated area or an application exclusion zone (AEZ) that is within the boundaries of the establishment until the application is complete.

(b) A summary of outdoor production application exclusion zones (AEZ) can be found in Table 1 and is defined as follows:

(i) The application exclusion zone is the area that extends one hundred feet horizontally from the application equipment in all directions during application when the pesticide is applied by any of the following methods:

(A) Aerially.

(B) Air blast application.

(C) As a spray using nozzles or nozzle configurations, which produce a droplet size of smaller than medium, in accordance with the definition of "medium" in American National Standards Institute (ANSI) S572, S572.1, S572.2, or S572.3 (all incorporated by reference, see subsection (3) of this section).

(D) As a fumigant, smoke, mist, or fog.

(ii) The application exclusion zone is the area that extends 25 feet horizontally from the point(s) of pesticide discharge from the application equipment in all directions during application when the pesticide is sprayed from a height greater than 12 inches using nozzles or nozzle configurations which produce a droplet size of medium or larger in accordance with the definition of "medium" in ANSI S572, S572.1, S572.2, or S572.3 (all incorporated by reference, see subsection (3) of this section).

(iii) There is no application exclusion zone when the pesticide is applied in a manner other than those covered in (a)(i) and (ii) of this subsection.

(c) During any outdoor production pesticide application, the agricultural employer must not allow or direct any worker or other person, other than an appropriately trained and equipped handler involved in the application, to enter or to remain in the treated area or an application exclusion zone that is within the boundaries of the establishment until the application is complete.

(d) After the application is complete, the area subject to the labeling-specified restricted-entry interval and the postapplication entry restrictions specified in WAC 296-307-10920 is the treated area.

(2) Enclosed space production pesticide applications.

(a) During any enclosed space production pesticide application described in column 1 of Table 1, the agricultural employer must not allow or direct any worker or other person, other than an appropriately trained and equipped handler involved in the application, to enter or to remain in the application exclusion zone (AEZ) area specified in column 2 of Table 1 during the application and until the time specified in column 3 of Table 1 has expired.

(b) After the time specified in column 3 of Table 1 has expired, the area subject to the labeling-specified restricted-entry interval and the postapplication entry restrictions specified in WAC 296-307-10920 is the area specified in column 4 of Table 1.

(c) When column 3 of Table 1 specifies that ventilation criteria must be met, ventilation must continue until the air concentration is measured to be equal to or less than the inhalation exposure level required by the labeling. If no inhalation exposure level is listed on the labeling, ventilation must continue until after one of the following conditions is met:

(i) Ten air exchanges are completed.

(ii) Two hours of ventilation using fans or other mechanical ventilating systems.

(iii) Four hours of ventilation using vents, windows, or other passive ventilation.

(iv) Eleven hours with no ventilation followed by one hour of mechanical ventilation.

(v) Eleven hours with no ventilation followed by two hours of passive ventilation.

(vi) Twenty-four hours with no ventilation.

(d) The following table applies to (a), (b), and (c) of this subsection.

(3) Incorporation by reference. The material listed in this subsection is incorporated by reference into this section with the approval of the director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 C.F.R. Part 51. All approved incorporation by reference (IBR) material is available for inspection at the Environmental Protection Agency (EPA) and at the National Archives and Records Administration (NARA). Contact EPA at: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. N.W., Washington, DC 20240. The EPA/DC Public Reading room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading room and the OPP Docket is 202-566-1744. For information on the availability of this material at NARA, visit https://www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. The material may be obtained from the American Society of Agricultural and Biological Engineers, 2950 Niles Road, St. Joseph, MI 49085, 269-429-0300, https://www.asabe.org.

(a) ANSI S572 FEB2004, Spray Nozzle Classification by Droplet Spectra, reaffirmed February 2004 (ANSI S572).

(b) ANSI S572.1 MAR2009 (R2017), Spray Nozzle Classification by Droplet Spectra, reaffirmed December 2017 (ANSI S572.1).

(c) ANSI S572.2 JUL2018, Spray Nozzle Classification by Droplet Spectra, ANSI approved July 2018 (ANSI S572.2).

(d) ANSI S572.3, Spray Nozzle Classification by Droplet Spectra, ANSI approved February 2020 (ANSI S572.3).