Emerging contaminants are chemicals in the environment that have been recently identified as posing a potential risk to the environment or public health. These contaminants may arise from everyday products or their use in various industries. As these contaminants are detected in the environment with increased frequency and concentration, they become subject to greater scrutiny as they are typically not adequately regulated under current environmental laws and regulations. The EPA has an ever-rotating list of emerging contaminants they are tracking, including ethylene oxide.
What is Ethylene Oxide?
Ethylene oxide is a colorless, flammable gas that is mostly used to either make other chemicals used in antifreeze, textiles, plastics, detergents, and adhesives or to sterilize devices that cannot be sterilized using steam or radiation. Examples include medical devices, dental equipment and, in smaller quantities, may be found in fragrances, cosmetics and shampoos. In some instances, ethylene oxide can be used to sterilize food products such as spices, dried herbs, dried vegetables, sesame seeds, and walnuts.
Ethylene oxide is produced in large quantities at some chemical manufacturing facilities. When ethylene oxide is manufactured or utilized in a process, it may be released into the air and water, which is the primary pathway to the environment. Since ethylene oxide is a gas, the main exposure route is through inhalation.
What are the Concerns?
Ethylene oxide is a human carcinogen. Studies in humans have shown that regular exposure to ethylene oxide increases the risk of cancers in the white blood cells, including non-Hodgkin lymphoma, myeloma, and lymphocytic leukemia. Studies have also shown that long-term exposure to ethylene oxide increases the risk of breast cancer in women.
Data collected by the EPA does not expect ethylene oxide levels in the outdoor air around facilities that release it to be high enough to cause immediate health effects, but these levels can cause headaches, dizziness, nausea, fatigue, etc. Workers who use ethylene oxide as part of their jobs and individuals who work, live, or go to school near facilities that use ethylene oxide are at higher risk for the cancers mentioned above. The risk of cancer depends upon the length of exposure over time and how much ethylene oxide is in the air.
Land animals that live near facilities that release ethylene oxide into the air may be exposed and impacted by ethylene oxide. The EPA intends to conduct further studies to determine whether ethylene oxide may affect federally threatened or endangered species and/or their habitat.
What’s Next?
Ethylene oxide is regulated under several different environmental laws. However, the EPA’s current efforts to reduce ethylene oxide’s impact fall mainly under regulation of air emissions of ethylene oxide under the Clean Air Act and requirements for use of ethylene oxide as a pesticide under the Federal Fungicide, Insecticide, and Rodenticide Act. In April 2024, the EPA announced a set of final rules that will reduce emissions of toxic air pollution from chemical plants, which includes ethylene oxide. In March 2024, the EPA announced final amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Ethylene Oxide Commercial Sterilizers. In January 2025, the EPA released an interim registration review decision for ethylene oxide pesticide risk reduction requirements to protect workers who use ethylene oxide for sterilization purposes and to protect people who work, live, and go to school near sterilization facilities.
What Does This Mean?
The responsibility for managing air quality in the United States is shared by the EPA, state, local, and tribal air agencies. Several states are working to address ethylene oxide in their jurisdictions, as they are often able to work faster than the EPA. The EPA has been monitoring ethylene oxide at a number of locations within long standing monitoring networks. In recent years, several state air agencies have conducted monitoring for ethylene oxide near known industrial sources that release ethylene oxide to outdoor air under permit. With increased sampling and monitoring of ethylene oxide, there will be increased information for those areas that have been exposed to ethylene oxide. Facilities that produce or use ethylene oxide will be required to comply with emission permits. Additionally, there will be increased scrutiny for communities that are in the areas surrounding these facilities as there is an increased bodily injury component due to potential impact to humans.
How Can Environmental Insurance Help?
Environmental insurance may be able to lessen or mitigate the risk associated with ethylene oxide exposure by providing protection through site pollution coverage, which includes cleanup costs coverage and bodily injury coverage and damage. To date, there have been several lawsuits related to larger chemical plants that produce ethylene oxide. The lawsuits are mainly related to bodily injury claims for both workers and people in the surrounding communities who have developed cancer.
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About the Author: Samantha Linton is a Vice President with the Environmental and Construction Professional Division at Distinguished Programs. Ms. Linton has over 11 years of experience in underwriting of environmental and construction insureds.
