Cancer-Causing Gas: Madigan, DuPage Prosecutor Sue Sterigenics

WILLOWBROOK, IL — Attorney General Lisa Madigan and DuPage County State’s Attorney Robert Berlin filed a lawsuit against Sterigenics U.S. LLC on Tuesday, Oct. 30. According to a release, they are alleging air pollution violations due to the release of the toxic chemical ethylene oxide at the Sterigenics plant in Willowbrook.

The lawsuit has been filed in DuPage County Circuit Court and includes one count of causing, threatening or allowing air pollution and one count of maintaining a common law public nuisance, alleging Sterigenics poses an unreasonable and substantial risk to public health and welfare and the environment, according to a release.

The lawsuit seeks to ban Sterigenics from further air pollution violations and seeks an operating or emission limit that fully protects human health and the environment, according to a release. If the court finds that there is no safe level of EtO emissions in the community, Madigan and Berlin ask that the court ban the company from all EtO emissions.

“For too long, Sterigenics emitted a dangerous, toxic chemical into the air putting the public’s health at risk,” Madigan said in a release. “In addition to filing our lawsuit, I urge the General Assembly to pass legislation to ban or greatly restrict the use of ethylene oxide in Illinois. I appreciate State’s Attorney Berlin’s assistance in protecting the community and the environment.”

“My office will not sit idly by while our residents are exposed to a noxious gas categorized by the United States Environmental Protection Agency as an agent ‘carcinogenic to humans’ as is alleged in this case,” Berlin said in a release. “We are alleging that since at least 2006, through July of this year, the defendant, Sterigenics U.S., LLC, allowed the release of ethylene oxide gas into the atmosphere dangerously close to a densely populated residential area with nearly 20,000 people living within one mile of the alleged release. The issue of clean air is not negotiable."

Several local politicians have also called for Sterigenics to shut down, and State Sen. John Curran is commending the State's Attorney's Office and the Illinois Attorney General for filing a lawsuit.

“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 addition to the lawsuit, both Madigan and Berlin asked the Illinois General Assembly to address the public health impacts from the use of ethylene oxide

According to his office, Curran filed Senate Bill 3630 on Sept. 5, which would reopen Sterigenics’ current air permit for an additional public comment period and hearing process at the Illinois Environmental Protection Agency. 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.

DuPage County Board Chairman Dan Cronin also said he was pleased about the lawsuit.

“On Sept. 7, Senator John Curran and I sent a letter to Attorney General Madigan asking that she revoke Sterigenics’ operating permit based on the public health risk to the community caused by the emission of ethylene oxide into the air," Cronin said in a release. "I am pleased to see this action taken today in response to our request and as part of our multi-pronged strategy to protect the residents of DuPage County. I still believe Sterigenics should be shut down.”

According to the county, in August, the U.S. EPA released the 2014 National Air Toxics Assessment report. The NATA report provides information on the cancer risks from breathing air with toxic chemicals. As a result of the Sterigenics plant’s emissions, the report identified Willowbrook as a community exposed to high and unsafe levels of EtO.

In December 2017, as the EPA was preparing the report, it contacted Sterigenics to raise the issue of the plant’s emission of EtO. According to the county, in July 2018, Sterigenics installed new pollution controls at its Willowbrook site to reduce the amount of EtO emissions. Sterigenics, with IEPA and U.S. EPA oversight, has since performed new stack testing that analyzed emissions at the site. According to Sterigenics, that testing indicated that no EtO was detected at or above the limit of the detection equipment, which is 0.10 parts per million. The EPA is currently analyzing the results of that testing, the county said.

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