Environmental groups sue over Trump's ethylene oxide exemptions

A coalition of environmental groups and community nonprofits has filed a lawsuit against President Trump and the EPA, challenging exemptions granted to about 40 medical sterilization facilities from Biden-era emissions standards for the carcinogen ethylene oxide. The suit, filed last week in Washington, D.C., argues that the exemptions exceed presidential authority under the Clean Air Act. Critics say the move prioritizes industry interests over public health in neighborhoods near these plants.

Last spring, the Environmental Protection Agency announced that President Trump would consider exemptions from certain Clean Air Act rules, allowing companies to apply via email. Hundreds submitted requests, but medical device sterilizers were particularly proactive. These facilities use ethylene oxide, a potent carcinogen linked to breast and lymph node cancers, to sterilize equipment.

In 2024, the Biden administration required sterilizers to reduce emissions by 90 percent within two years. Many began installing monitoring and pollution-control devices. However, after Trump took office, the EPA enabled exemption requests, leading to a presidential proclamation last summer granting relief to about 40 of the roughly 90 nationwide facilities—many in residential areas near schools and day cares.

The lawsuit, filed in the U.S. District Court for the District of Columbia and assigned to Judge Christopher R. Cooper, seeks to overturn these exemptions. Maurice Carter, president of Sustainable Newton in Georgia, a plaintiff, emphasized public health: “You have to do that in ways that are not harmful to the people that live here and to the planet that our children are going to inherit.” Carter lives about a mile from an exempted facility.

The White House defended the action, stating Trump used "his lawful authority under the Clean Air Act to grant relief for certain commercial sterilization facilities that use ethylene oxide to sterilize critical medical equipment and combat disease transmission." Officials argued the Biden rule would force shutdowns, disrupting medical supplies and national security.

Under the Clean Air Act, exemptions are narrow: technology must be unavailable, and the move must serve national interest. The Ethylene Oxide Sterilization Association cited equipment shortages, workforce issues, and supply chain delays. Yet, the EPA's 2024 analysis found only 7 of 88 facilities fully compliant without upgrades; nearly 30 needed costly Permanent Total Enclosures.

Georgia exempted all five of its plants, despite some progress toward compliance. One Atlanta facility met standards in 2022 but still received relief. Sarah Buckley of the Natural Resources Defense Council called it a “get-out-of-jail-free card,” noting exemptions ignore facilities' compliance efforts. James Boylan of Georgia's Environmental Protection Division said upgrades are now delayed.

Exemptions save costs—EPA estimated $313 million nationwide for compliance—and ease maintenance burdens even for compliant sites. Trump has exempted over 150 facilities total, including coal and chemical plants, sparking multiple lawsuits claiming overreach.

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