Sterigenics, a leading provider of mission-critical sterilization services, today commented on its agreement with the State of Illinois which will enable the company’s Willowbrook sterilization facility to resume operations and continue sterilization of life saving medical devices for patients and hospitals in Illinois and across the country. The agreement resolves all of the current litigation between the State of Illinois and its representative agencies and Sterigenics, with no finding of liability or fault by either side and with no imposition of penalties.

Under the terms of the agreement, which is subject to court approval, Sterigenics will install additional emission capture and control equipment that will enable the Willowbrook facility to meet the new, stringent standards set by the State of Illinois for sterilization using ethylene oxide (EO). In addition, Sterigenics has agreed to fund $300,000 in community projects designed to benefit the environment and the local community, to be developed in coordination with the State.

The company previously submitted its permit application to the Illinois Environmental Protection Agency (IL EPA) for the installation of the new equipment which will further enhance the state-of-the-art systems already in place at Willowbrook and reduce remaining EO emissions by:

Increasing the number of emission control stages to increase EO capture;
Combining the existing emissions stacks into one common stack at the facility; and Eliminating the release of EO “fugitive” emissions from the plant.

Sterigenics has also agreed to reduce EO usage at the Willowbrook facility and to a combination of continuous emission monitoring, emission stack testing and ambient air monitoring to ensure and to demonstrate that the additional controls are working. The Sterigenics Willowbrook facility will resume operations upon approval by the IL EPA following the installation of the new controls.

“We are pleased to have reached this agreement, which creates a path for our Willowbrook facility to resume its safe operation and includes no finding of wrongdoing on the company’s part nor the imposition of any financial penalties,” said Sterigenics President, Philip Macnabb. “The State Government has gone to great lengths to set new standards for the protection of the public that are more stringent than any other location in the country. While our Willowbrook operations have consistently complied with and outperformed the State’s requirements, we have repeatedly stated our support for evolving regulations and our commitment to enhancing our operations in the interest of protecting public health. We remain committed to abiding by the new regulations established by the State. By resolving this matter, we are one major step closer to resuming the critical work of sterilizing vital medical products and devices in Willowbrook for patients in Illinois and beyond.”

The installation of new emissions controls will firmly establish the Sterigenics Willowbrook facility as having the strictest EO control environment of any facility in the country.

I have asked the governor’s office, the attorney general’s office and the House Republican Leader’s office for comment.

*** UPDATE 1 *** Leader Durkin’s spokesperson…

We were just informed this morning when a meeting was convened by the AG and IEPA offices. Leader Durkin, Senator Curran and Rep Mazzochi voiced their extreme opposition and frustration to the potential of Sterigenics reopening.

Yikes.

Sen. John Curran…

I continue to stand with the residents of Willowbrook and the surrounding communities who are fighting for clean air and a healthy future. For years, as testing has shown, Sterigenics has posed a critical public health risk to our communities. They must remain closed.”

The IEPA had scheduled an August 1 public hearing on Sterigenics. Durkin wanted to wait at until after that hearing to do anything.

*** UPDATE 2 *** Stop Sterigenics…

This is far from over. It’s disappointing the state couldn’t go further to protect a community that has been burdened by this company’s emissions for decades. That the company would rush forward this release ahead of the State being able to inform the community is just one more indication that they don’t care about who they may harm in their drive for profit. We expect better from our leaders, there has been no credible threat of medical disruption and, without a demand to do better, industry will not move from ethylene oxide and propylene oxide.

*** UPDATE 3 *** Press release with emphasis in the original…

Attorney General Kwame Raoul and DuPage County State’s Attorney Robert Berlin today filed a motion to enter a consent order with Sterigenics U.S., LLC (Sterigenics). Once it is approved by the court, the consent order would resolve a lawsuit filed by Raoul’s and Berlin’s offices in 2018 against Sterigenics over air pollution violations due to the release of the toxic chemical ethylene oxide (EtO) at its plant in Willowbrook, Ill.

Raoul and Berlin filed the proposed consent order today in DuPage County Circuit Court. The proposed consent order builds off of a new law signed by Governor JB Pritzker, which imposes the strictest limits in the nation on EtO emissions from sterilization facilities and other companies that use EtO. The proposed order prohibits Sterigenics’ Willowbrook facility from resuming sterilization operations unless the company installs new emissions capture and control systems, which must be approved by the Illinois Environmental Protection Agency (IEPA).

“The proposed consent order surpasses the emissions limits contained in Illinois law by incorporating all of the emissions and monitoring requirements included in the Matt Haller Act recently signed by Governor Pritzker. In addition, Sterigenics must comply with the strictest capture and control requirements in the nation and cannot reopen until it is in compliance,” Raoul said. “The proposed consent order, combined with the strict regulations in the new law signed last month, will enable the state to act quickly to hold Sterigenics accountable for violating Illinois’ emissions limits.”

“The consent decree entered into today should in no way be considered a license for Sterigenics to reopen,” Berlin said. “The decree will govern Sterigenics going forward and in doing so goes above and beyond the most restrictive regulations in the country placed upon businesses that use EtO in their operations. I would like to thank Attorney General Kwame Raoul, his staff and members of my office for their extended efforts the past several months. Their work is what brought us here today. I would also like to thank Governor Pritzker as well as the Illinois EPA for their commitment to the health and welfare of the residents of Willowbrook and the surrounding communities.”

“Illinois EPA is committed to ensuring Sterigenics complies with Illinois’ stringent new law for controlling ethylene oxide emissions, which were established by the General Assembly,” said Illinois EPA Director John J. Kim. “This agreement calls for Sterigenics to not only comply with those new requirements, but also imposes additional requirements to further protect the public and the environment. The Illinois EPA will devote all necessary resources to enforce the terms of this consent order.”

In June, Gov. Pritzker signed a law prohibiting EtO-emitting sterilization facilities, including Sterigenics, from operating in Illinois unless the facility captures 100 percent of all EtO emissions generated by the facility. Additionally, these facilities must reduce EtO emissions to the atmosphere from each exhaust point by at least 99.9 percent, or 0.2 parts per million. The law also requires facilities to conduct annual emissions tests and submit results to the IEPA. If a facility fails to meet the reduced emissions requirements, it must immediately cease operations. It must also notify the IEPA within 24 hours and is required to conduct an analysis within 60 days to determine why the test failed, take corrective actions, and seek IEPA approval before seeking to restart operations.

The proposed consent order prevents Sterigenics from conducting sterilization operations at its Willowbrook facility – comprised of two buildings, Willowbrook I and Willowbrook II – until significant improvements are made to limit EtO emissions. Under the proposed consent order, Sterigenics will be subject to penalties and contempt of court for violating the terms of the proposed consent order. The net effect of the requirements in the proposed consent order will be to reduce the EtO emissions from Sterigenics’ Willowbrook facility to no more than 85 pounds per year. This represents a drastic reduction from Sterigenics’ reported annual emissions from 2006 to 2018, which ranged from 2,840 pounds to 7,340 pounds per year.

The proposed order also requires Sterigenics to perform environmental projects in the village of Willowbrook or neighboring DuPage County communities. Within 30 days of the consent order’s entry, Sterigenics must put $300,000 into an escrow account, and the company will have 60 days to submit project proposals for state approval. The projects, which must include environmental improvements, or educational scholarships or programs, must be completed within one year of the court approving the consent order.

Handling this case for Raoul’s Environmental Enforcement Division are Division Chiefs Matthew Dunn and Christopher Wells, Bureau Chief Elizabeth Wallace, Senior Assistant Attorneys General Kathryn Pamenter and Stephen Sylvester, and Assistant Attorney General Daniel Rottenberg.

*** UPDATE 4 *** Pritzker administration…

In response to increasingly troubling emission tests, the Governor ordered the Illinois Environmental Protection Agency to take the extraordinary measure of sealing the Sterigenics facility to protect the health and safety of the people of Willowbrook. The administration made it clear to members of the General Assembly that he would be willing to sign any measure, up to and including a ban, on the use of ethylene oxide in the state of Illinois. Members of the General Assembly drafted legislation that did not prohibit the use of ethylene oxide but did create the most stringent regulations around its use the country. The Illinois EPA will monitor Sterigenics to ensure they operate within the stringent framework lawmakers created in their legislation. Our top priority remains the health and safety of every citizen and we will continue to work with their representatives in the General Assembly, as we have for the past several months. The consent order that will be signed as part of the litigation creates detailed, enforceable mandates that Sterigenics must comply with if it seeks to do business in Illinois. The consent order will ensure swift judicial oversight to protect members of the community.

* Related…

* In a bid to reopen shuttered Willowbrook plant, Sterigenics proposes tighter controls on cancer-causing gas