Democratic AGs Demand Stricter Ethylene Oxide Standards from EPA

United States: 13 Democratic Attorneys General, led by Illinois AG Kwame Raoul, have urged the Environmental Protection Agency (EPA) to adopt stricter regulations for Ethylene oxide (EtO) emissions. In a letter submitted on June 27th, the coalition supported proposed amendments to EtO standards under the National Emission Standards for Hazardous Air Pollutants program (NESHPA) and provided recommendations for additional regulatory requirements based on their experience regulating commercial sterilizers in various states.

The announcement of National Emission Standards for Hazardous Air Pollutants (NESHAP) regarding Ethylene oxide commercial sterilization and fumigation operations has been made. These standards are in accordance with section 112 of the Clean Air Act, as Ethylene oxide has been identified as a pollutant on the Act's list of 189 hazardous air pollutants (HAP). These new standards have been put in place to ensure public health is protected by mandating both existing and new major sources to control emissions using maximum achievable control technology (MACT) and existing and new area sources to utilize generally available control technology (GACT).

The CDC has labeled EtO, a colorless gas used to sterilize medical equipment and plastics that cannot be autoclaved, as a human carcinogen. It is also utilized in the production of antifreeze, polyester, plastic bottles, and solvents. The presence of commercial sterilization facilities and other EtO-using facilities in low-income communities and communities of color is a cause of concern for attorneys general due to the disproportionate health risks, including non-Hodgkin's lymphoma, faced by this population. However, despite the regulations in place, these facilities often operate outside the NESHPA's regulatory framework.\

According to the letter, states have taken action to control EtO emissions from commercial sterilization facilities in the absence of federal regulation. The attorneys general cited specific examples of Illinois and Michigan, where the release of EtO into the community had significantly increased the risk of cancer for local residents. Based on their experiences, the attorneys general have urged the federal government to fill the regulatory gap and enhance the proposed regulations.

The letter written by state attorneys general to the EPA is a prime instance of the mounting impact wielded by them in federal regulatory affairs, owing to their first-responder status. This trend is widespread across various sectors and domains. With AGs assuming a more dominant position in shaping the nationwide regulatory structure in today's intricate economic and regulatory landscape, corporations operating across multiple jurisdictions should keep a close eye on local regulatory developments and trends. This will enable them to foresee potential state and federal enforcement obligations and take necessary measures to fulfill them.