Ethylene Oxide Exposure: How It Affects Property Values and Your Rights

Ethylene Oxide Exposure: How It Affects Property Values and Your Rights

Ethylene oxide (EtO) is a chemical compound used primarily to sterilize medical equipment and in the production of other chemicals. While it serves essential purposes, EtO is a known human carcinogen, and exposure can lead to severe health issues, including certain cancers. The presence of EtO-emitting facilities can also significantly impact property values in surrounding areas. If you live near such a facility, it’s crucial to understand your rights and the potential impact on your property.

The Dangers of Ethylene Oxide Exposure

The Environmental Protection Agency (EPA) has classified ethylene oxide as a “Group 1 carcinogen,” meaning there is sufficient evidence that it can cause cancer in humans. Exposure to EtO, even at low levels over extended periods, can increase the risk of developing several types of cancer, including:

  • Lymphoma
  • Leukemia
  • Breast cancer
  • Non-Hodgkin lymphoma
  • Multiple myeloma

Beyond cancer, EtO exposure can also cause respiratory issues, neurological damage, and reproductive problems. Short-term exposure can lead to irritation of the eyes, skin, nose, and throat, as well as headaches, nausea, and dizziness.

How Ethylene Oxide Exposure Affects Property Values

The presence of EtO-emitting facilities can negatively impact property values in nearby communities. Potential buyers may be hesitant to purchase homes in areas where there is a known risk of exposure to a carcinogen. This hesitancy can lead to a decrease in demand, resulting in lower property values.

Several factors contribute to this devaluation:

  • Health Concerns: The primary driver of property devaluation is the fear of health risks associated with EtO exposure. Families with children, in particular, may be wary of living in an area where there is a known risk of cancer and other health problems.
  • Stigma: The stigma associated with living near a polluting facility can also affect property values. Even if the actual risk of exposure is low, the perception of danger can deter potential buyers.
  • Difficulty Selling: Homeowners in affected areas may find it challenging to sell their properties. Potential buyers may be unwilling to take on the risk, or they may demand a significant price reduction to compensate for the perceived danger.

Your Legal Rights

If you live near an EtO-emitting facility and your property value has been affected, you may have legal recourse. Several legal avenues can be pursued:

  • Property Damage and Devaluation Claims: Homeowners can seek compensation for the loss of property value caused by EtO emissions. To succeed in such a claim, it’s essential to demonstrate that the EtO emissions directly caused the devaluation.
  • Toxic Tort Claims: These claims are used when communities suffer due to exposure to hazardous chemicals. Plaintiffs must demonstrate that EtO emissions have caused or contributed to their health issues. Successful claims can lead to compensation for medical costs, pain and suffering, and other damages.
  • Product Liability Claims: Companies that manufacture ethylene oxide and equipment used in industrial sterilization processes have a responsibility to ensure their products do not endanger the public. If they fail to warn about the risks or implement proper safety standards, they may be held liable for the harm caused.

What You Can Do

If you are concerned about EtO exposure and its impact on your property value, here are some steps you can take:

  1. Document Your Health Conditions: Keep thorough medical records detailing any health issues, especially those linked to EtO exposure, like cancer or chronic respiratory conditions.
  2. Monitor Air Quality Reports: Stay informed about local air quality reports and any EtO emissions data released by regulatory agencies.
  3. Assess Property Value: Obtain an independent appraisal of your property to determine its current market value and assess any potential devaluation.
  4. Consult with an Attorney: An experienced environmental attorney can advise you on your legal rights and options. They can help you understand the strength of your case and guide you through the legal process.
  5. Join Community Groups: Connect with other residents in your community who are affected by EtO exposure. Sharing information and resources can be beneficial.
  6. Contact Regulatory Agencies: Report any concerns about EtO emissions to the EPA and your state’s environmental protection agency.

Ethylene Oxide Lawsuits and Settlements

Numerous lawsuits have been filed against companies that operate EtO-emitting facilities. These lawsuits allege that the companies negligently released hazardous levels of EtO, exposing nearby residents and workers to a known carcinogen.

Several settlements have been reached in these cases, providing compensation to victims who have suffered health problems due to EtO exposure. For example, in 2023, Sotera Health (the parent company of Sterigenics) agreed to pay \$408 million to resolve more than 870 claims filed in Illinois courts. In another case, a jury awarded \$363 million to a plaintiff who developed breast cancer after years of exposure to EtO from a Sterigenics plant.

These settlements demonstrate that companies can be held liable for the harm caused by EtO emissions. If you have been affected by EtO exposure, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.

EPA Regulations and Efforts to Reduce EtO Emissions

The EPA has been working to strengthen regulations related to EtO emissions. In March 2024, the EPA finalized requirements for commercial sterilizers across the country, which are expected to reduce EtO emissions by 90%. The EPA is also reviewing the current standards for chemical plants that emit EtO and will issue proposals at a later date.

In January 2025, the EPA finalized its Interim Registration Review Decision for ethylene oxide (EtO), including stricter regulations aimed at reducing exposure to EtO for workers and surrounding communities. Key updates include:

  • A progressive reduction of worker exposure limits
  • New concentration limits for medical device sterilization cycles
  • Separation of HVAC systems to limit EtO contamination in non-sterilization areas
  • Requirements for healthcare facilities to install abatement devices and ensure EtO is ventilated through exterior stacks
  • Immediate cancellation of EtO use for non-essential applications

These regulatory efforts are aimed at reducing the risk of EtO exposure and protecting public health.

Finding Legal Assistance

If you believe you have been exposed to ethylene oxide and have suffered health problems or property damage as a result, it is essential to seek legal assistance. An experienced attorney can help you understand your rights and options and guide you through the legal process.

When choosing an attorney, look for someone with experience in environmental law and toxic tort litigation. They should be familiar with the science behind EtO exposure and its health effects. They should also have a track record of success in representing clients in similar cases.

Conclusion

Ethylene oxide exposure is a serious issue that can have significant health and financial consequences. If you live near an EtO-emitting facility, it is essential to understand your rights and take steps to protect yourself and your property. By staying informed, seeking legal assistance, and advocating for stronger regulations, you can help ensure a safer and healthier community.