Capitol Fax.com - Your Illinois News Radar » *** UPDATED x1 - Sterigenics responds *** AG Madigan, DuPage state’s attorney file lawsuit to shut down or limit Sterigenics
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
*** UPDATED x1 - Sterigenics responds *** AG Madigan, DuPage state’s attorney file lawsuit to shut down or limit Sterigenics

Tuesday, Oct 30, 2018 - Posted by Rich Miller

* Tribune

The cancer-causing gas released by Sterigenics in west suburban Willowbrook is so dangerous the company is violating state laws intended to protect Illinoisans from harmful pollution, according to a bipartisan lawsuit filed Tuesday.

Attorney General Lisa Madigan, a Democrat who isn’t running for re-election, and Robert Berlin, the Republican state’s attorney of DuPage County, urged a state court to either shut down Sterigenics or enforce more stringent limits on its emissions of ethylene oxide, a toxic chemical that increases the long-term risks of breast cancer and lymphomas at extremely low levels.

By filing their complaint at the state level, Madigan and Berlin sidestepped federal regulations that haven’t been updated to reflect the chemical’s long-studied dangers. They also increased the legal and political pressure on a company owned in part by a private equity firm co-founded by Gov. Bruce Rauner, a Republican on the Nov. 6 ballot who initially downplayed the pollution problems before joining officials from both political parties calling for Sterigenics to shut down its local operations.

The 21-page lawsuit, filed in DuPage County Circuit Court, provides new details about how Sterigenics uses ethylene oxide to sterilize medical instruments, pharmaceutical drugs and food. While annual emissions from the Willowbrook facility generally have declined during the past 25 years, company-provided records cited in the complaint show it released more than 254,000 pounds of the chemical into surrounding neighborhoods between 1993 and 2017.

* The lawsuit (click here) quotes the Agency for Toxic Substances and Disease Registry on July 26

These elevated risks present a public health hazard to these populations.

* Gov. Rauner a month later

“This is not an emergency, this is not a public health immediate crisis, this is something we’re managing”

Rauner’s IEPA then punted to the attorney general.

The lawsuit is filed on some pretty broad grounds, including “creating a public nuisance.” We’ll see how it works out, but at least somebody is doing something.

…Adding… Sen. Curran…

State Sen. John Curran (R-41st District) is commending the Illinois Attorney General and the DuPage County State’s Attorney for filing a lawsuit against Sterigenics, which will provide temporary relief for area residents concerned about the release of ethylene oxide into their communities. At the same time, Curran is reiterating his call for the Illinois Senate to advance his legislation that addresses this critical public health issue.

“While today’s action has taken longer than I would have liked, I am thankful for the thoroughness and support provided by the Illinois Attorney General and DuPage County State’s Attorney,” said Curran. “It is clear in reading their release that if we’re going to adequately address this issue, and bring peace of mind to the residents in Willowbrook and surrounding communities, then the Illinois Legislature is going to have to act. And we must act now.”

In their release announcing the lawsuit, the Attorney General and DuPage County State’s Attorney “called on the Illinois General Assembly to address the public health impacts from the use of ethylene oxide.”

Curran, the only member of the Senate to introduce legislation addressing this issue, filed Senate Bill 3630 on Sept. 5th, which would reopen Sterigenics’ current air permit for an additional public comment period and hearing process at the Illinois Environmental Protection Agency (IEPA). He’s also introduced Senate Bill 3640, which would immediately prohibit all non-medical uses of ethylene oxide while moving toward a complete ban throughout Illinois by 2022.

“I want to reiterate my call that Senate President John Cullerton advance the legislation I introduced in the Senate so we can bring peace of mind to those being adversely impacted,” said Curran. “I also look forward to working with the Attorney General and DuPage County State’s Attorney on advancing my legislation, and welcome their continued support and expertise to ensure the measure’s success.”

*** UPDATE *** From Sterigenics…

Sterigenics is disappointed that the Illinois Attorney General has chosen to assert “air pollution” and “public nuisance” claims against the company’s Willowbrook facility. The lawsuit filed today expressly recognizes that Sterigenics has operated, and continues to operate, well within the limits of its permit and the regulations. Any action brought against a business operating well within regulatory limits sets an extremely bad precedent.

The sterilization process that we operate is the only one approved by the Food and Drug Administration for sterilizing many vital medical instruments, devices and surgical kits, necessary for surgeries and other health care procedures. As such, any disruption to the operations of the Sterigenics Willowbrook facility would seriously undermine the ability to proceed with scheduled surgeries and procedures and would put patients’ lives at risk.

By properly controlling emissions and preventing life-threatening infection, the Willowbrook facility serves to improve public health every day. We will work with public officials to achieve the appropriate limits to allay the concerns of the community and the regulatory agencies. However, we will vigorously defend ourselves against this lawsuit.

       

25 Comments
  1. - wordslinger - Tuesday, Oct 30, 18 @ 1:41 pm:

    Unlike the Adams County SA, Berlin is doing his job.


  2. - Earnest - Tuesday, Oct 30, 18 @ 2:03 pm:

    >Attorney General Lisa Madigan, a Democrat who isn’t running for re-election, and Robert Berlin, the Republican state’s attorney of DuPage County,

    School funding reform, the tax increase, state budgets, now this–Rauner has definitely inspired some bipartisan efforts during his first term.


  3. - Trapped in the 'burbs - Tuesday, Oct 30, 18 @ 2:06 pm:

    Exactly who is standing with Rauner these days?


  4. - El Conquistador - Tuesday, Oct 30, 18 @ 2:10 pm:

    Epic Rauner fail.


  5. - Moby - Tuesday, Oct 30, 18 @ 2:12 pm:

    Knowingly poisoning thousands of Illinois residents for a profit kind of makes all the toilet talk seem kind of silly now, doesn’t it? Disgusting.


  6. - Cubs in '16 - Tuesday, Oct 30, 18 @ 2:14 pm:

    ===Exactly who is standing with Rauner these days?===

    There’s one we know of.

    ===- wordslinger - Tuesday, Oct 30, 18 @ 1:41 pm:

    Unlike the Adams County SA===


  7. - Cubs in '16 - Tuesday, Oct 30, 18 @ 2:16 pm:

    Oh, and Michael Winter. That’s two.


  8. - Stumpy's bunker - Tuesday, Oct 30, 18 @ 2:53 pm:

    The governor is finding that the masses are catching on to Raunerspeak. He’s told us the situation is not a public health crisis, and that it’s being “monitored” and “managed”.

    By any measure, 9 X the national cancer rate is a public health crisis.

    Sorry to inconvenience your profits.


  9. - wordslinger - Tuesday, Oct 30, 18 @ 3:01 pm:

    Unrelated trivia, but the other day I saw a joint “Vote for Durkin and Curran” outdoor on the Ike near 1st Avenue.

    Pretty far from their districts, odd placement.


  10. - Barrington - Tuesday, Oct 30, 18 @ 3:02 pm:

    Great to have some action started.


  11. - The Dude Abides - Tuesday, Oct 30, 18 @ 3:08 pm:

    One week before the election and yet another reminder of whose side the Governor is on. It’s not the folks who live in that area who breathe that air.


  12. - Anon221 - Tuesday, Oct 30, 18 @ 3:09 pm:

    Rauner just tweeted…

    “Pleased to see IL Attorney General is moving on our request to seek an order for temporary shutdown of Sterigenics. Out of an abundance of caution, the company should pause operations until US EPA provides clarity on the health risks of EtO emissions. It’s the right thing to do.”

    Now it’s the “right thing to do”??? Of course… I forgot… NOW he’s not in charge.


  13. - I'm your huckleberry - Tuesday, Oct 30, 18 @ 4:23 pm:

    Ethylene Oxide is used in manufacturing other products, and it is also present in car emissions. The ATSDR Tox Profile for EO states that “significant amounts of ethylene oxide are probably released annually into the atmosphere from automobile exhaust”. What is the baseline reading for a metro region with manufacturing and a highway infrastructure compared to this site?


  14. - JS Mill - Tuesday, Oct 30, 18 @ 4:33 pm:

    =What is the baseline reading for a metro region with manufacturing and a highway infrastructure compared to this site?=

    Maybe you should have a look at the map huckleberry. 400 times the cancer rate.

    Maybe if you had family that were impacted you wouldn’t be so cavalier.

    Also, use the Google and do your own research.


  15. - TominChicago - Tuesday, Oct 30, 18 @ 5:06 pm:

    Shorter Sterigenics’ response: To save some people, we have to kill other people.


  16. - 21st State - Tuesday, Oct 30, 18 @ 5:16 pm:

    about to teach my law class re legislation and went to ILGA.gov to look up the two bills cited to talk about tonight… but neither appear under the Bill numbers listed! maybe I’m just too distant from my staffer days to track this better, but would love to have them up on the screen for reference as we talk all this incredible transpiration of information and events through — thanks for the link to the lawsuit Rich!


  17. - I'm your huckleberry - Tuesday, Oct 30, 18 @ 5:21 pm:

    = Maybe you should have a look at the map huckleberry. 400 times the cancer rate.

    Maybe if you had family that were impacted you wouldn’t be so cavalier.

    Also, use the Google and do your own research.=

    Whoa JS Mill, put your guns away. I am looking at the map and the 26 test locations in commercial and residential areas around this facility. (I used google to find the report, thanks for the suggestion)

    I don’t see test locations outside of this location to determine a control or information on exposure for other communities.

    It is horrible what is happening to this community and the affected area.


  18. - Huh? - Tuesday, Oct 30, 18 @ 5:45 pm:

    And the huckleberry didn’t stand a chance against JS Mill. Huck - better rethink that handle and pick something else. ’cause if you you’re not better on the draw, may as well hang up the belt.

    BTW - Doc Holiday won that fight. And you ain’t no Doc Holiday.


  19. - Anonymous - Tuesday, Oct 30, 18 @ 6:42 pm:

    I’m sure that this is the only chemical that can sterilize surgical equipment and all surgeries will come to a halt. Chicken little much?


  20. - wordslinger - Tuesday, Oct 30, 18 @ 7:33 pm:

    The Sterigenics trolls at work here make Lucky Pierre seem like Socrates. In the rationality and logic senses, I mean.


  21. - cc - Tuesday, Oct 30, 18 @ 7:38 pm:

    1894 first thought of digging Love Canal.
    2004 Feds consider Super cleanup done.


  22. - Cadillac - Tuesday, Oct 30, 18 @ 8:28 pm:

    Why does the AG of Illinois have to rely on state paid expert witnesses?


  23. - Stuntman Bob's Brother - Tuesday, Oct 30, 18 @ 9:00 pm:

    Who is the “greater offender” here, Sterigenics, or the governmental body(s) that permitted and monitors their operation?

    This lawsuit needs to be urgently expedited, there’s going to be a lot of scientific review necessary, and based on the results, emission laws changed. IMHO, unless Sterigenics is absolutely certain that the science backing the cancer risk allegations is incorrect, they should voluntarily cease Willowbrook operations, and either re-locate to a more remote location and/or install emission-elimination equipment (some kind of filtering or incineration device on their process exhausts, if feasible).

    For someone knowledgeable, is ethylene oxide “necessary”, or simply “cheaper” than alternatives like autoclaving for sterilization? And where is the Federal EPA on this? Sterigenics can’t be the only company out there using this process.


  24. - M - Tuesday, Oct 30, 18 @ 11:42 pm:

    == Why does the AG of Illinois have to rely on state paid expert witnesses? ==

    Why? Because she is not an expert on chemicals and EPA issues.


  25. - Anon - Wednesday, Oct 31, 18 @ 8:39 am:

    == For someone knowledgeable, is ethylene oxide “necessary”

    It is necessary. It’s a process to sterilize things that cannot be heated basically. So stents, catheters and electronic implants. Some pretty important stuff actually. It’s common and in use throughout the USA. What I don’t get, is why they don’t recapture and reuse the gas? Seems like that would be more cost effective for them. The process is like this…

    1) put in device what you are sterilizing
    2) flood with gas
    3) evacuate gas
    4) repeatedly flood and evacuate air to remove residual gas from sterilized gear

    My guess is the “air rinse” is what is being vented as it would be nearly impossible to recover Ethox from that process. But someone must have a catalyst to capture it. That’s above my science knowledge though.


Sorry, comments for this post are now closed.


* Reader comments closed for the holidays
* And the winners are…
* SUBSCRIBERS ONLY - Update to previous editions
* Isabel’s afternoon roundup
* Report: Far-right Illinois billionaires may have skirted immigration rules
* Question of the day: Golden Horseshoe Awards (Updated)
* Energy Storage Brings Cheaper Electricity, Greater Reliability
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
December 2024
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller