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TN AG Opposes New Federal EtO Emissions Rules

Tennessee’s attorney general pushed back against federal rules to reduce emissions of ethylene oxide (EtO), even though the gas is suspected of increasing cancer risks in South Memphis. 

EtO emissions from Sterilization Services of Tennessee in South Memphis could pose a cancer risk to those living in the neighborhood around it, according to the Environmental Protection Agency (EPA). 

The agency found the gas to be 60 times more toxic than previously believed. The gas is odorless and colorless, and is used at Sterilization Services to clean medial equipment. The EPA wasn’t aware emissions could raise cancer rates until 2016.

However, a recent study of the area around the facility found no cancer clusters. But the study and its results were questioned by some, including the Southern Environmental Law Center. 

Many in Memphis have clamored for action in the matter, including the Memphis City Council, which issued a resolution asking the company for help in January. The Shelby County Health Department has said there’s little it can do because the company is in compliance with all laws on EtO emissions.

The EPA issued new rules to rein in EtO emissions in April. Those rules are under review, pending a period of comment from the public.  

Tennessee AG Jonathan Skrmetti said Tuesday he’s against the new rules because they would harm the medical device industry. 

“These proposed regulations will significantly reduce the nation’s capacity to sterilize medical devices,” Skrmetti said in a statement. “If the [Biden administration] moves forward with this proposal, the shortage of available medical devices will hurt both patients and healthcare professionals.”

Skrmetti led a coalition of 20 other states’ attorneys general in responding to the EPA’s proposed rules. The letter claims EtO is used to sterilize about 20 billion medical devices a year and there are no substitutes. 

The new rules would “force the adoption of new, untested technologies to sterilize medical devices.” So, the EPA should do away with the new rules “to avoid disruption to healthcare across the country.”