EPA Proposes New Rules Limiting Ethylene Oxide (EtO) Emissions Following Schneider’s Long Work, Leadership as Head of Bipartisan Congressional EtO Task Force

WASHINGTON – Today, EPA proposed rulestightening Ethylene Oxide (EtO) emissions standards for all 86 existing commercial EtO sterilization facilities across the country to protect public health and reduce the risk of cancer from EtO exposure. Since 2018, when the EPA notified Lake County that two local industrial sites were emitting potentially dangerous levels of EtO into the broader community, Rep. Brad Schneider (IL-10) has tirelessly advocated for more stringent EtO emissions rules.

“Since 2018, when we learned that ethylene oxide was being emitted into our air, our community has been calling for stringent regulation of EtO. As founder and chair of the bipartisan Ethylene Oxide Task Force, I have met with two EPA Administrators, I have introduced legislation with Sen. Durbin, and I have pushed for progress. Today is a moment we’ve been looking forward to for five years.

“I applaud the EPA’s work. These new regulations will protect communities near these facilities, as well as the workers within them. Importantly, this proposed rule addresses both stacks and fugitive emissions—and I am glad to see facilities will be required to submit to continuous air monitoring. I am also particularly pleased to see the EPA is including an updated risk review for EtO as part of this rulemaking. This was a major priority for the Task Force and something we directly asked Administrator Regan to do when we met with him in December 2021. I also commend the workplace protections these rules include to protect workers who operate EtO facilities; how these rules benefit workers cannot be overstated.

“During the upcoming comment period, I will continue to make the case for why fence-line monitoring is critical to fully addressing fugitive emission, and I will work with my colleagues on the EtO Task Force to advocate on behalf of our constituents. I will push the EPA to ramp up its engagement in EtO-impacted communities, and I will always be an advocate for my constituents who live near EtO facilities. For decades, communities across the country have faced high levels of ethylene oxide (EtO) emissions, exposing them to elevated cancer risks. I also applaud the tireless work of advocates in Lake County to hold the EPA accountable for protecting public health in our community, and for their work bringing this important regulation to fruition today,” said Congressman Brad Schneider (IL-10), chair of the bipartisan Congressional EtO Task Force.

SCHNEIDER BACKGROUND

As founder of the bipartisan Congressional EtO Task Force, Schneider has called on the EPA to conduct federal EtO ambient air monitoring and has pushed for federal funding for EtO ambient air monitoring in annual appropriations legislation every year. Last November, Schneider and the EPA announced the award of more than $270,000 for Lake County Environmental Works, a local environmental advocacy organization, to conduct community ambient air monitoring.

Schneider has been a national leader pushing for stricter federal regulations of EtO by organizing meetings with EPA Administrators Michael Regan and Andrew Wheeler and leading bipartisan legislation to address the issue. The rule released today mirrors much of the legislation Schneider authored and introduced with Sen. Durbin, including applying the regulation to area-sources – not just major sources – and updating the risk review for EtO. Schneider also led letters on behalf of the EtO Task Force outlining key priorities for a commercial EtO sterilization rule, which advocated for many components of the rules proposed today.

RULE BACKGROUND

The proposed EPA rules address both stack and fugitive emissions and require facilities to install emissions controls within 18 months of the rule taking effect - an expedited timeline to bring facilities into compliance with the standards. They require facilities to utilize continuous air emissions or parametric monitoring and to submit the data obtained from monitoring to the EPA twice per year. The EPA suggests these types of monitoring will be helpful in detecting fugitive emissions – those released inadvertently by the facility, not through the stacks – which have been a proven source of community exposure to EtO. The EPA also incorporated an updated residual risk review to guide rulemaking, an inclusion repeatedly requested by Schneider. The proposed rules also include workplace protections for employees who operate EtO facilities, such as a requirement to use personal protective equipment (PPE) when tasks are performed that may result in exposure. The EPA is accepting public comments on the proposed rules for 60 days.

Ethylene oxide is an industrial chemical used to sterilize medical equipment and manufacture products such as anti-freeze. In 2016, the EPA listed EtO as a known carcinogen, however the agency did not release a rule regulating the use of the chemical by medical sterilizers. Today’s EPA rule announcement comes as part of a more comprehensive series of actions including community outreach and engagement, which Schneider requested from the EPA.

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