On May 6, 2021, the U.S. Environmental Protection Agency ("EPA") Office of the Inspector General ("OIG") announced the results of an audit reviewing EPA's response to the latest cancer risk values ​​of two chemicals: ethylene oxide ("OIG"). EtO" or "EO") and chloroprene.

OIG is an independently funded office within the EPA responsible for conducting investigations to prevent "waste, fraud, and abuse" in the EPA program. Its report found that although the EPA determined the increased cancer risk from chloroprene and EtO emissions in 2010 and 2016, respectively, the EPA has not yet incorporated the new risk value into the residual risk and technical review of these pollutant sources. ("RTR"). According to legal requirements. Therefore, the EPA cannot reasonably ensure that its EtO and chloroprene source-specific emission standards (ie, "NESHAPs") are sufficient to protect human health.

According to OIG, without new RTR or emission standards, EPA may not be able to achieve its environmental justice goal of protecting overburdened ethnic minorities and low-income communities. Therefore, OIG recommends that EPA exercise its discretion to implement new RTRs for existing EtO and chloroprene NESHAP and currently unregulated source categories. If the results of these reviews indicate exposure to an unacceptable level of risk, EPA should modify each NESHAP accordingly. In addition, OIG more broadly recommends that EPA develop and implement internal control procedures to determine when a new RTR is required for existing NESHAP and uncontrolled emission sources in response to new risk information.

EtO emission sources that may be affected by the OIG report include EtO sterilizers, hospitals, organic chemical manufacturers, polyether polyol producers, organic liquid distributors, and small chemical plants. Potentially affected sources of chloroprene include manufacturers of synthetic organic chemicals and certain polymer and resin manufacturers.

The EPA's Office of Air and Radiation has 60 days to respond to the report and try to resolve public recommendations. The report is available on the EPA website: https://www.epa.gov/sites/production/files/2021-05/documents/_epaoig_20210506-21-p-0129.pdf.

Disclaimer: Due to the general nature of this update, the information provided here may not be applicable in all situations, and action should not be taken without specific legal advice based on specific circumstances.

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