Schneider on New Ethylene Oxide Regulation Timeline: U.S. EPA “Derelict in its Duty”

Today, U.S. Representative Brad Schneider (IL-10) issued the following statement in response to a new letter from the U.S. Environmental Protection Agency (EPA) outlining their intended rulemaking on emissions of ethylene oxide (EtO), a known carcinogen. The letter states the EPA intends to announce their proposed rule in October, at which point it will be available for public comment. It comes in response to letters Schneider sent in February and July 2019 with other members of the Illinois delegation

"Our communities urgently need clarity from the U.S. EPA, and it is long past time for the agency to release science-based and enforceable standards to address the risk posed by emissions of ethylene oxide. I anxiously await their promised October release, but frankly, after more than a year of foot-dragging, I remain skeptical of their commitment. I continue to be disappointed by Director Wheeler's refusal to conduct ambient air monitoring in affected areas, which forced Lake County communities to join together and fund the testing on their own. To date, the U.S. EPA has been derelict in its duty to protect the health of Lake County residents. I will continue to urge the agency to release strong standards and engage with our communities so residents have full confidence in the safety of their air they breathe."

The full written response from U.S. EPA is available online.

Background:

Ethylene oxide is an industrial chemical used to sterilize medical equipment and manufacture products like anti-freeze. In 2016, the EPA listed EtO as a known carcinogen. Dozens of facilities around the country – including two in Waukegan and Gurnee – use the chemical. Lake County, the City of Waukegan, and the Village of Gurnee have jointly undertaken an ambient air monitoring program to determine the level of emissions in the community.

Despite significant levels of concern in the community about emissions, the U.S. EPA has not held a public information forum to answer questions from the public, as they did in Willowbrook, Illinois. Schneider and other members of the Illinois congressional delegation have repeatedly called on the U.S. EPA to hold a public meeting in Lake County since October 2018.

In June 2019, an amendment authored by Schneider to fund public outreach activities by the U.S. Environmental Protection Agency in communities affected by ethylene oxide (EtO) emissions passed the U.S. House of Representatives.

In addition, in May 2019, Schneider successfully secured funding for ambient air monitoring of Ethylene Oxide (EtO) in the House appropriations bill for the Environmental Protection Agency (EPA). The $5.6 million increase for EPA's compliance monitoring program would support EPA air monitoring for communities identified by the National Air Toxics Assessment (NATA) as facing high levels of EtO emissions, including those in Lake County. In addition to the increased funding for the compliance monitoring account at EPA, the legislation includes language urging EPA to conduct ambient air monitoring in communities like Lake County that the NATA identified as facing high EtO levels, in coordination with state and local public health departments and other federal agencies.

In February 2019, with other members of the Illinois delegation, Schneider introduced legislation that would revise EtO emissions standards for medical sterilization and chemical facilities and require the EPA to notify the public no more than 30 days after it learns that the new standards have been violated.