Broken trust: Community worries about industry self-reporting toxic emissions data
ATLANTA (SOA) — For years, Spotlight on America has investigated an invisible, cancer-causing gas released into American communities, by an industry that sterilizes medical equipment. New, tougher emissions regulations were set to take effect nationwide next year. But now, Presidential exemptions are delaying enforcement for many facilities across the US.
LIVING IN 'FEAR'
We traveled to Atlanta, Georgia, where a community is questioning whether they can trust that the air they breathe is safe.
It's been six years since Janet Rau first learned her home is within a few miles of a plant in Smyrna, Georgia, that uses ethylene oxide, or EtO, to sterilize medical equipment. EtO is a known carcinogen, but emissions of the colorless, odorless gas were released into the community for decades.
Janet pointed to an online map to show Spotlight the proximity of neighborhoods that lie within a mile of the facility operated by Sterigenics.
She says concerns over EtO emissions released into the air have left many in her community "scared."
"We shouldn't have to be afraid of living and working in our neighborhoods," said Janet Rau.
Several schools are also located within a few miles of the plant, including the Lovett School, where Janet and her husband were teachers and her children attended.
She says she can't help but think of students and teachers there who were diagnosed with cancer over the years.
Two faces flash to her mind.
"A teacher for one of my kids, who died of a really aggressive breast cancer, very young." she recalled, " And another teacher who [was a] brilliant, brilliant man who developed multiple myeloma, which is a very aggressive, rare blood cancer."
Some area residents blame EtO emissions for the cancer cases that have plagued their community.
The risk that triggered that fear came into clear focus in 2018. That year, federal data showed Janet's community was among about 100 census tracts nationwide with a higher cancer risk due in large part to EtO. You can view the interactive map here.
Janet and other citizens in her community mobilized, forming the group "Stop Sterigenics Georgia," which amassed almost 5,000 members.
As community concerns grew, the Cobb County Board of Tax Assessors approved a 10% reduction on residential property valuations within a two-mile radius of the Smyrna facility because of the perceived health hazard.
By 2020, the public outcry led to tougher state rules for EtO emissions and a new Georgia law, requiring more transparency for the reporting of EtO leaks at sterilization facilities.
SAFETY PROMISED
Sterigenics told Spotlight on America it "outperforms" safety requirements, and sent us a video detailing how it made improvements in its sterilization process to lower emissions. You can read our full exchange with Sterigenics at the bottom of this article.
Georgia's Environmental Protection Air Branch Chief Jim Boylan would not do an interview with us on camera, but told us these upgrades are now required for all sterilizers in the state to get permits. Boylan added that based on self-reported testing done by the facilities, Georgia concluded communities are "not at any elevated risk" from nearby sterilizers.
BROKEN TRUST
That's not enough for Cobb County Commissioner and former Georgia State Legislator Erick Allen.
He remembers facing tough questions about EtO in his community.
"There were residents who just flat out ask[ed], should I be selling my home? Is it safe to live here?" he recalled.
Allen helped write the EtO law in Georgia, but says he's still worried because the state does not perform independent air testing to verify emission levels.
"It's all self-reported," Allen told us. "There's no other area where you self regulate like that when there could be danger. That's like a sprinter saying, 'I'm the fastest person in the world, but do not use a stopwatch.'"
As a legislator, Allen introduced a bill that would have required continuous ambient air monitoring, but it never came up for a vote.
The state's Air Branch Chief Jim Boylan told Spotlight that while the state does not do independent testing at medical sterilization facilities, it does send a compliance engineer to witness stack tests performed by the company about half of the time and that "periodic verification is part of the process."
"In addition to periodic surprise compliance inspections and witnessing stack tests, EPD also reviews the semi-annual EtO emission reports based on the EtO CEMS data. Documentation of monitoring of all control devices is thoroughly reviewed during inspections to ensure that the reports are accurate and complete, and the facility is meeting all EtO emission requirements contained in their air permit," Boylan told Spotlight in an email.
Why get an exemption?
Allen, however, still questions the logic of letting a company self-report it's own emissions data.
"I don't think the honor system should be trusted," Allen said.
Contributing to his skepticism, Sterigenics Smyrna plant was one of 40 across the country to receive a two-year Presidential exemption from new tougher federal emission rules passed in 2024, which were designed to slash emissions by 90%.
The White House announced it granted the exemptions because of a "national security" threat caused by potential supply chain issues due to a lack of equipment available for upgrades to reduce emissions.
But upgrades at the Smyrna Sterigenics plant are already completed, prompting Allen to ask why an exemption would be needed.
"Why would you ask for a waiver to have that standard reduced for your operation if you're already exceeding?" asked Erick Allen, throwing his hands up.
Spotlight on America had the same question. But when we asked Sterigenics why it got an exemption, the company would not agree to do an interview with us and did not answer that question in a statement provided to Spotlight on America.
Even Boylan, told Spotlight on America he was "surprised" to learn of the exemption, because Sterigenics was "already meeting everything required by the new rule."
Allen told Spotlight on America that the "ultimate goal" would be to have Sterigenics shut down or move away to give residents the peace of mind that the air is safe.
For Janet, taking the company's word on safety isn't an option.
"Without doing actual testing, you can't know. You can't" Janet said. "Trust, but verify. That's a key tenant of regulation."
She's also calling on the state to independently confirm that the air in her community doesn't pose a hazard.
"I believe that without rigorous testing, we are continuing to be poisoned," she said.
Janet told Spotlight she worries that exemptions and blind trust are allowing an industry to go unchecked.
For now, legal battles continue to play out.
In 2023, Sterigenics paid $35 million to settle 79 lawsuits from residents who blame exposure to EtO for their cancer, but the company denied any liability as a term of the settlement.
About 400 lawsuits related to EtO claims against the facility are still pending.
We're continuing to follow what happens with tougher federal emissions standards as the EPA reconsiders the rule. To see our recent in-depth investigation into EtO, click here.
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The White House and the EPA have repeatedly turned down requests to speak with us on camera about the EtO rule and exemptions.
Below is the statement offered to Spotlight on America by Sterigenics:
“The Sterigenics facility in Georgia utilizes state-of-the-art emissions controls voluntarily installed by the Company and representing the most stringent controls in the world. Both regulatory agency inspections and third-party tests have repeatedly verified the effectiveness of these controls. In addition, the extensive scientific studies of ethylene oxide confirm that the very low emissions of ethylene oxide from the facility are safe. Sterigenics is committed to complying with the stringent requirements detailed in its permits while continuing to safely perform its vital medical product sterilization to meet the demands of our nation’s healthcare system.”
We followed up with the below list of questions, which went unanswered:
- Did the company apply for an exemption to the USEPA’s EtO rule through the Air Action portal? If so, please send documentation.
- Why did the company receive an exemption, given documented progress toward implementing necessary controls and significant emission reduction?
- Will that exemption change the course of any of this progress or extend its timeline?
- Given that your company has successfully moved toward compliance with the rule, what is your reaction to others in the industry claiming it would be “impossible” to do so, due to lack of available equipment?
