Over 40 facilities exempted from EPA’s ethylene oxide ruling: Legal rights of residents amid health risks

Ethylene oxide (EtO) is a powerful sterilizing agent, but it is also a silent and dangerous threat to workers and residents. Inhalation of the gas can cause irritation (short-term exposure), chronic symptoms with repeated exposure, and even increase the risk of developing certain types of cancer in the long term. In 2016, the Integrated Risk Information System (IRIS) of the Environmental Protection Agency (EPA) found that ethylene oxide (via inhalation) is carcinogenic to humans, far more dangerous than previously thought.

One step forward to clean air: EPA’s ruling to cut EtO emissions by 90 percent

In 2024, the Environmental Protection Agency (EPA) finally issued a new ruling that required facilities to reduce their ethylene oxide emissions by 90 percent. Under the new ruling, companies were expected to follow new standards, including:

• Continuous monitoring of EtO emissions with quarterly reporting of the commercial sterilizer
• Establishment of a standard for pollution control, such as building chamber exhaust vents and aeration vents

However, the ruling was met with disagreement, especially from industry leaders of commercial sterilizers in the medical equipment industry.

Two steps backward: President Trump exempts companies from reducing their EtO emissions

In early 2025, the progress towards clean air was derailed after the Trump Administration opened an electronic mailbox where facilities could simply request an exemption from the EPA’s rule. Companies were allowed to submit their requests until March 31, 2025. An exemption lasts two years, but the exemption period is renewable. At least 40 facilities filed their requests and were granted exemption through a presidential proclamation. Some of the companies exempted from the 90% EtO emission reduction are the following:

• B Braun Med Inc /Allentown (Pennsylvania)
• DeRoyal Industries (Royal Sterilization Systems) (Tennessee)
• KPR U.S. LLC d/b/a Kendall Patient Recovery U.S. LLC (Georgia)
• Sterigenics US, Inc. (California)
• Sterilization Services of Virginia (Virginia)

If you worked at or lived near any of these facilities, you may still file an ethylene oxide claim for cancer even if the facility was granted an exemption. The latest rulings and presidential exemption systems do not erase historical emissions of these companies in the past decades.

Your legal rights as a resident: How the back-and-forth progress of EtO regulations is affecting nearby communities

According to Grist, many of these exempted facilities are located in residential areas with schools and day cares situated nearby. The danger with living near a silent and invisible toxin is how repeated exposures can happen through the years without a person knowing. 

It’s not only residents who are left unaware, but some workers interviewed by journalists from Grist had no idea what gas they could be breathing while transporting sterilized equipment. Cancer may have a latency period, and it may take 10 to 20 years before the effects of exposure come to light.

Protect your legal rights: File an ethylene oxide claim with ELG Law

If you have already been diagnosed with cancer, we highly urge you to get your case evaluated immediately to see if you’re eligible for an ethylene oxide exposure claim. For employees of commercial sterilizers, our attorneys can check your employment records (proof of exposure) and medical history (proof of cancer diagnosis). For residents, you must have proof that you lived within four miles of an EtO-emitting facility and your medical records showing your cancer diagnosis. If you are eligible for a claim, our toxic exposure attorneys can handle your claim on your behalf while you focus on your health.