The Environmental Protection Agency (EPA) made a surprising announcement last spring, revealing that President Trump would consider granting exemptions to certain polluters from Clean Air Act rules. Companies were given the opportunity to submit requests for presidential exemptions through a special inbox set up by the EPA. Among the hundreds of companies that submitted requests were coal plants, iron and steel manufacturers, limestone producers, chemical refiners, and medical device sterilizers.
Medical device sterilizers were particularly eager for exemption, with about 40 out of the 90 nationwide plants, along with their trade association, arguing that they should not have to comply with an air quality rule limiting toxic emissions. These facilities use ethylene oxide, a potent carcinogen linked to various cancers, to sterilize medical equipment.
In 2024, the Biden administration issued regulations requiring sterilizers to reduce their emissions by about 90 percent. However, after President Trump took office, the EPA offered these companies a way out by granting them presidential exemptions. Approximately 40 sterilization facilities, many located near residential areas, schools, and daycares, took advantage of this exemption.
A coalition of national environmental groups and community nonprofits has now filed a lawsuit against Trump and the EPA, seeking to overturn these exemptions. Maurice Carter, president of Sustainable Newton, emphasized that public health concerns about ethylene oxide should not be overridden by financial interests. The lawsuit aims to hold the government accountable for prioritizing public health and environmental protection.
The Ethylene Oxide Sterilization Association, the trade organization representing the sterilization industry, claimed that the technology required to meet the 2024 rule was not readily available due to supply chain constraints and workforce shortages. When the EPA finalized the rule, it was found that only a few sterilizer facilities met the emission standards, with many needing to install costly pollution control technologies.
Georgia has the highest concentration of exempted sterilization plants, with all five facilities in the state receiving exemptions. In contrast, only two facilities in California, which has the largest number of sterilizers in the country, were granted exemptions. Records show that most California facilities already meet the majority of requirements outlined in the 2024 rule.
The lawsuit filed against Trump and the EPA underscores the importance of upholding environmental regulations and protecting public health. It remains to be seen how the government will respond to the lawsuit and address the concerns raised by environmental advocates and community groups. One facility in Atlanta met the standards as early as 2022, yet it still received an exemption. Environmental groups, including the Natural Resources Defense Council, are suing over these exemptions, claiming that President Trump was not making a good faith determination and was essentially handing out free passes to avoid the rules.
According to Sarah Buckley, a senior attorney with the Natural Resources Defense Council, these facilities had been making changes to comply with regulations, but still received exemptions. This indicates that the president was not basing his decisions on actual assessments of the facilities’ capabilities, but rather looking for excuses to grant exemptions.
James Boylan, head of the Georgia Environmental Protection Division’s air protection branch, stated that the agency had been working with companies to install upgraded control equipment and revise permits to comply with the 2024 rule before the exemptions were announced. Some updates have been delayed as a result of the exemptions.
The exemptions allow companies to claim that the Clean Air Act emission limits do not apply to them, even if they exceed the limits and face state action or lawsuits. Companies that are exempted will also be relieved of the costs associated with complying with regulations. The EPA estimated that it would cost $313 million for all sterilizers to meet the new standards.
Even companies that were already in compliance could benefit from exemptions, as monitoring and pollution control equipment require regular maintenance and oversight. Buckley pointed out that there is a monetary incentive for companies to not operate equipment, even if they already have it.
Sterilizers are not the only industry benefiting from these exemptions. President Trump issued a series of proclamations exempting more than 150 facilities, including coal plants and chemical manufacturers. Environmental groups have sued over several of these exemptions, arguing that Trump exceeded his statutory authority. These cases are currently making their way through the courts.
