By Michael Bartlett on November 13th, 2025 in
On March 14, 2024, the Environmental Protection Agency (EPA) adopted sweeping amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) that apply to commercial sterilization facilities using ethylene oxide (EtO).
About 90 commercial sterilization facilities across the country will be covered by this landmark regulation, and emissions will be reduced by 90%, resulting in the elimination of about 21 tons of EtO emissions from the source category every year. A worker or community member who has been exposed to this cancer-causing substance needs to understand how these regulations affect cancer risk and legal claims.
The EPA's rule involves phased mandatory reductions designed to dramatically lower EtO exposure for both workers and nearby communities. Several critical measures must be implemented by commercial sterilization facilities:
According to the rule, workers will be allowed to be exposed to 0.5 parts per million (ppm) by 2028, 0.25 parts per million (ppm) by 2030, and as low as 0.1 parts per million by 2035, down from current OSHA standards. EtO's downward trajectory reflects increasing scientific consensus regarding its dangers at even very low concentrations.
The new regulations should significantly reduce lifetime inhalation cancer risks for nearby communities by reducing ambient EtO concentrations. A reduction in EtO emissions will lower lifetime cancer risks associated with EtO emissions in affected communities below the Clean Air Act's benchmark of one additional lifetime cancer risk per million.
As a human carcinogen, ethylene oxide has been linked to lymphohematopoietic cancers, including leukemia and non-Hodgkin lymphoma. Occupational exposure to EtO remains higher for those working at sterilization plants and chemical facilities, but ambient air inhalation remains the most prevalent method of exposure to EtO. As a result of reducing emissions by approximately 90%, communities historically burdened by toxic air pollutants will see fewer cancer cases associated with EtO.
The regulatory changes create a complex landscape for future and existing exposure claims. For legal and claims purposes, lower emissions and reduced ambient levels may affect future exposure-based claims that hinge on elevated local concentrations of EtO, because the baseline of emissions will fundamentally change after facilities achieve compliance.
Exposure and risk do not immediately cease when emissions drop. Several legal considerations still apply to current and future claims. Individuals exposed before the rule's implementation may develop cancer years or decades later. Health risks continue to be posed by historical exposure accumulation from decades of higher emissions. Despite overall reductions, fugitive emissions and off-site storage may contribute to local hotspots.
Communities may remain exposed for long periods of time before full controls are in place due to compliance timelines that can last up to three years. There is no regulation for other sources, such as chemical manufacturing plants, warehouses, or off-site storage, as the rule only pertains to commercial sterilization facilities using EtO.
The EPA's aggressive regulatory action strengthens the legal foundation for EtO exposure claims by establishing clearer standards and enforcement mechanisms. The rule's recognition of EtO's cancer-causing properties at low concentrations supports the scientific basis for linking exposure to illness. Monitoring emissions continuously can provide better evidence to support claims. The right to compensation remains open to cancer victims who developed cancer due to pre-regulated exposures despite current emission reductions.
Cancer patients who were exposed to EtO while working or living near an EtO-emitting facility may still be eligible for compensation. Environmental Litigation Group's toxic exposure attorneys have over 30 years of experience handling EtO cases and understand how regulatory changes affect claim viability. You can rely on our experienced legal team to review your historical exposure and formulate a strong case for compensation. We can discuss your legal options and diagnosis during a free consultation.