Vote Smart's Synopsis:

Vote to pass a bill that prohibits the use of ethylene oxide by the year 2023.

Highlights:

• Prohibits any ethylene oxide sterilization sources in a densely populated location from conducting ethylene oxide sterilization operations that result in the emission of ethylene oxide or propylene oxide, on or after January 1, 2021 (Sec. 5).

• Prohibits any ethylene oxide sterilization source in a remote location from emitting more than 30 pounds of ethylene oxide or 30 pounds of propylene oxide annually, starting January 1, 2021 (Sec. 5).

• Requires each ethylene oxide sterilization source to submit a letter to the state Environmental Protection Agency stating whether they intend to modify or phase out the emissions of ethylene oxide, and upon receipt by the Agency the Agency must make the letter publicly available on their website within 90 days after the effective date of this act (Sec. 5).

• Prohibits any ethylene oxide sterilization source to conduct ethylene oxide sterilization operations or other activities that cause ethylene oxide or propylene oxide emissions, unless the owner or operator of the ethylene oxide sterilization source submits for review and approval by the Agency, a plan describing how the owner or operator will continuously collect emissions information (Sec. 5).

• Requires the above-mentioned plan to specify locations at the source from which emissions will be collected, and to identify equipment used for their collection and analysis, including the equipment’s individual system components (Sec. 5).

• Prohibits any hospital, designated as a critical access hospital by the Centers for Medicare and Medicaid Services (CMS) under the federal Balanced Budget Act of 1997, from conducting ethylene oxide sterilization operations, starting January 1, 2023 (Sec. 5).

• Prohibits any hospital not designated as a critical access hospital by CMS from conducting ethylene oxide sterilization operations, starting January 1, 2022 (Sec. 5).

• Defines “ethylene oxide sterilization source” as a stationary source where operations include ethylene oxide sterilization operations and that currently, or at any point in the previous 15 years, emits, emitted, or has the potential to emit ethylene oxide into the atmosphere, regardless of its emissions source (Sec. 5).

• Defines “remote location” as a location removed from populations especially vulnerable to the emission of ethylene oxide, and must meet the following requirements (Sec. 5):

• In counties with an average population density of less than 1,000 people per square mile, the location must be:

• At the center of a 5 mile radius within which there is a population density of 100 people or fewer per square mile; and 

• At least 5 miles from the nearest registered day care or school serving students in grades preschool through 12 and in existence before October 1, 2019; and

• In counties with an average population density equal to or greater than 1,000 people per square mile, the location must be:

• At the center of a 10 mile radius within which there is a population density of 100 people or fewer per square mile; and

• At least 10 miles from the nearest registered day care or school serving students in grades preschool through 12 and in existence before October 1, 2019.

Full Bill Text