EPA Takes Next Step to Broaden TRI Reporting Requirements for Ethylene Oxide

EPA Takes Next Step to Broaden TRI Reporting Requirements for Ethylene Oxide

Contact: EPA Press Office, [email protected]

WASHINGTON (Oct. 13, 2021) – Today, the U.S. Environmental Protection Agency (EPA) is taking a critical first step forward to expand the scope of Toxics Release Inventory (TRI) reporting requirements to include certain contract sterilization facilities that are not currently reporting on ethylene oxide (EtO) releases.

Under the Emergency Planning and Community Right-to-Know Act (EPCRA), the EPA Administrator has discretionary authority to extend TRI reporting requirements to specific facilities based on a chemical’s toxicity, the facility’s proximity to other facilities that release the chemical or to population centers, any history of releases of the chemical at the facility, or other factors that the Administrator deems appropriate.

EPA has sent letters to 31 facilities providing notice that it is considering requiring those facilities to report EtO releases to the TRI under this discretionary authority. Some of these facilities will receive notice that they may also be required to report ethylene glycol releases to the TRI. Ethylene glycol is produced using ethylene oxide; thus, both chemicals may co-occur at facilities. Ethylene oxide and ethylene glycol have been on the TRI toxic chemical list since its inception in 1987.

“EPA is committed to taking action to protect people from exposure to EtO, especially children, workers and residents in underserved and overburdened communities,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff.  “Requiring companies that use the largest amounts of EtO in this industry sector to report on this chemical will help inform EPA’s future actions and ensure that communities have access to the best information available so they can take necessary action.”

EPA shares the public’s concerns about the harmful effects of EtO on human health and the environment, such as its carcinogenicity. Workers in facilities that use EtO and communities—including historically underserved communities—located adjacent to these facilities are at the highest risks of exposure to EtO. Additionally, because their bodies are still growing, children are expected to be more susceptible to the toxic effects caused by EtO. These factors make it imperative for EPA to know where EtO is being released and in what amounts. Making more information about releases of EtO publicly available through the TRI will assist EPA in identifying and responding to any human health and environmental threats those releases cause.

In selecting these 31 facilities, EPA considered a variety of EtO data. EPA believes these 31 contract sterilization facilities use the highest amounts of EtO in the contract sterilization facilities sector. The facilities are likely to exceed the 10,000 pounds per year “otherwise used” TRI reporting threshold for EtO. EPA also selected these facilities based on other factors, including their proximity to a population center (e.g., the density of the population, including children, living near the facilities), their history of releases of ethylene oxide and ethylene glycol (e.g., past receipt of TRI reporting forms on ethylene oxide and ethylene glycol from these facilities), and other factors the Administrator determines are appropriate (e.g., proximity of the facilities to nearby schools and communities, especially those with potential environmental justice concerns).

The selection of these 31 facilities are the first stage of an ongoing effort to broaden TRI reporting requirements for contract sterilizers. EPA will continue to monitor additional contract sterilization facilities using EtO that might be required to report to the TRI and, if appropriate, notify them that EPA is considering whether to require reporting.

The notice letters give each facility 30 days to respond to EPA with information to help inform the agency’s final decision. Such information might include, for example, evidence of permanent operational changes such that the facility no longer uses EtO. EPA will consider any information submitted by facilities during the 30-day response period before deciding whether to issue an order applying TRI reporting requirements for EtO to each facility. EPA intends to notify these facilities of its final decision following the 30-day response period and to issue an order applying TRI requirements to some or all of the facilities, as appropriate.

To view the letters sent to facilities and learn more about TRI visit  www.epa.gov/tri.