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Durkin’s EtO bill goes down in House committee

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* Jerry Nowicki at Capitol News Illinois

The House Energy and Environment Committee diverged Monday on a pair of highly-publicized bills aiming to better regulate ethylene oxide gas emissions in the state, passing one while letting another remain in committee.

The opposing votes represented a largely partisan split in a months-long effort from lawmakers to impose stricter regulations on, and create greater local authority to regulate, a known cancer-causing gas used in medical supply sterilization and manufacturing processes.

House Bill 3885, sponsored by House Minority Leader Jim Durkin, a Western Springs Republican, failed to pass with 11 voting in favor and 17, all Democrats, voting present. That bill would have given home rule municipalities the authority to ban ethylene oxide emissions from sterilization facilities within their communities.

Democrats voted present on the bill after Durkin would not commit to any Republican support for House Bill 3888, a stronger ethylene oxide regulatory bill sponsored by Waukegan Democratic Rep. Rita Mayfield, which was to be heard later in the committee hearing.

* Leader Durkin’s response…

The actions taken today by the House Democrats to block my legislation that would allow local municipalities to ban the use of ethylene oxide just proves they put partisan politics ahead of the health and safety of Illinois residents, including their own constituents.

The trouble some have with the Durkin bill is that some believe that Waukegan will not act on its own to shut down the EtO-using company Medline because it employs so many people there. Local activists want the plant gone.

* Hannah Meisel at the Daily Line

Durkin filed a bill to allow [home rule] municipalities to ban the use of ethylene oxide in their towns. But State Rep. Rita Mayfield (D-Waukegan), facing a primary challenge over ethylene oxide issues, filed a bill that would completely phase out the use of ethylene oxide in the state. Business interests, which had mostly stayed out of the fight in the spring, have now jumped on board to oppose that bill.

Durkin’s bill, HB 3885, failed in committee Monday, with Democrats voting no. The lone “present” vote was from State Rep. Mary Edly-Allen (D-Libertyville), who was still listed as a sponsor on the bill. State Rep. Joyce Mason (D-Gurnee) withdrew her sponsorship of Durkin’s bill prior to Monday’s committee.

Edly-Allen told The Daily Line after the vote that she still wanted Durkin’s bill to be heard, but said Durkin’s “bill didn’t have as much teeth as Rita’s.”

“And it really just comes down to keeping people safe,” she said. “Hers is much more aggressive. I think that’s what the people want.” […]

During the committee roll call, both State Rep. Will Davis (D-Homewood) and State Rep. Robyn Gabel (D-Evanston) said they were voting yes “to get the bill out of committee.” Gabel added that she thought there “may be a compromise here.”

Mayfield’s Democratic primary opponent is an organizer against local EtO use.

* Related…

* Health Department: ‘Extended air monitoring’ for ethylene oxide underway outside Gurnee and Waukegan plants

* ‘I’ve never gotten sick’: Employees from Medline stage protest in Waukegan against ethylene oxide regulations

* Medline Quality Division president: Illinois shouldn’t ban ethylene oxide, which ensures the state’s supply of sterile medical products

posted by Rich Miller
Tuesday, Oct 29, 19 @ 11:18 am

Comments

  1. Serious question: Would this bill have passed if Sterigenics had not surrendered? If so, why?

    Comment by JB13 Tuesday, Oct 29, 19 @ 11:33 am

  2. The FDA recently released a statement warning about the impact:

    “Medical devices that are sterilized to remove potentially harmful germs and other microorganisms prior to use are critical to our health care system and a shortage—especially of life-saving, life-sustaining, or other critical devices—can be a detriment to public health,” the FDA said. “In light of the possibility of continued ethylene oxide sterilization facility closures, we are again alerting the public to growing concerns about the future availability of sterile medical devices and impending medical device shortages.”

    Comment by Anonymous Tuesday, Oct 29, 19 @ 11:55 am

  3. Anonymous, Actually there was a shortage of pediatric breathing tubes and tracheotomy tubes that was a result of Sterigenics Willowbrook closing. You can read about it on fda.com. I do not think that the FDA would resort to scare tactics.

    Comment by Worried Tuesday, Oct 29, 19 @ 12:09 pm

  4. I think there are a couple of important questions here:

    1) Is EtO so dangerous that it should simply be phased out?
    2) Can an EtO facility be operated in a manner that is safe for the surrounding environment?

    No matter how you answer those questions, Durkin’s bill seems problematic, because it does not protect all residents equally. If the answer to #2 is yes, Mayfield’s bill is also problematic.

    Durkin’s bill last Spring set standards; if those standards protect the health of people living nearby, it would be nice to see some leadership that allows this industry to continue to operate.

    Comment by Pot calling kettle Tuesday, Oct 29, 19 @ 12:21 pm

  5. I thought the whole point of home rule was those communities could make their own laws so long as they do not conflict with state law. Is there a state law already on the books that prevents a home rule community from banning EtO?

    Also, EtO is not the only way to sterilize. There is a whole list at https://www.cdc.gov/infectioncontrol/guidelines/disinfection/sterilization/index.html, of which most are not carcinogens.

    Comment by thechampaignlife Tuesday, Oct 29, 19 @ 12:49 pm

  6. In 2018, the EPA published a report that flagged 109 census tracts across the U.S. as having higher cancer risks.

    They either have to minimize exhaust into the atmosphere, or they have to switch to another form of sterilization. There isn’t any wiggle room here. EtO is extremely bad stuff.

    Comment by BilboSwaggins Tuesday, Oct 29, 19 @ 3:57 pm

  7. 1. There is no alternative to EtO for products that have been approved for that method of sterilization, read the FDA statement. https://www.fda.gov/news-events/press-announcements/statement-concerns-medical-device-availability-due-certain-sterilization-facility-closures

    2. Activists are preying on the public’s fear with overblown cancer warnings. There is a lower occurrence of lymphoma and lung cancer in Willowbrook which was one of the census tracks identified. Both have clinically been linked to exposure of EtO in Rats: http://www.dph.illinois.gov/news/idph-releases-cancer-assessment-area-surrounding-sterigenics-facility-0

    After the FDA statement, if Illinois passes legislation that would effectively close these facilities they will knowingly endanger patients lives. Previous legislation that has been signed into law address public concern about emissions.

    Comment by MrGoodbar Wednesday, Oct 30, 19 @ 8:17 am

  8. - MrGoodbar -

    Same study…

    === A higher number of Hodgkin’s lymphoma cases among women were observed in the first study area compared to the county and five collar counties (outside of Cook County) averages. The increase in observed cases in Study Area 1 (19) was almost 90% higher than expected (10).===

    Thoughts?

    Comment by Oswego Willy Wednesday, Oct 30, 19 @ 8:25 am

  9. ===Previous legislation that has been signed into law address public concern about emissions.===

    … and yet those same concerns weren’t addressed enough for Willowbrook.

    Comment by Oswego Willy Wednesday, Oct 30, 19 @ 8:32 am

  10. Oswego Willy: I don’t know if you can call an increase of 9 enough of a sample to be a statistically significant. But the point is a higher occurence in all cancers related to EtO exposure would signify causality, but an increase in only a couple cancers, some of which are completely unrelated to EtO exposure is not.

    Comment by MrGoodbar Wednesday, Oct 30, 19 @ 9:40 am

  11. === I don’t know if you can call an increase of 9 enough of a sample to be a statistically significant.===

    Its significant to those in that 9.

    Are we gonna go.., “it’s fine, because”… I dunno if Mrs. Thome gonna buy that either.

    === But the point is===

    Folks are getting sick and dying. Are ya glossing over that, even if 9 is “cool” with you?

    === some of which are completely unrelated to EtO exposure is not.===

    So you’re argument is…

    “Meh, you’ll get cancer anyway?”

    Yikes. Don’t say this drivel to Ms. Thome.

    Comment by Oswego Willy Wednesday, Oct 30, 19 @ 9:46 am

  12. Oswego Willy: Don’t be irrational. Cancer is horrible, no one denies that. But so is preying on peoples fears to push for legislation without understanding the consequences, like a shortage of 28,000 pediatric breathing tubes. Willowbrook should have no issues now, Sterigenics is gone for good, but Illinois legislators passing legislation to close down additional facilities with knowledge of FDA’s concerns about the impact on patients…there has to be another road to take. .

    Comment by MrGoodbar Wednesday, Oct 30, 19 @ 9:59 am

  13. === Don’t be irrational.===

    Dunno if calling Mrs. Thome irrational is gonna help. Not helping you here either.

    === But so is preying on peoples fears to push for legislation without understanding… ===

    I’m sorry, EtO doesn’t cause cancer? Is that how this is going to go?

    === Illinois legislators passing legislation to close down additional facilities with knowledge of FDA’s concerns about the impact on patients…there has to be another road to take.===

    “Sure, it causes cancer, and it hurts folks, but you need to realize it hurts some, it helps some, collateral damage is fine”

    Again, not a great argument.

    “To help pediatrics, well, some of you could get cancer.”

    Comment by Oswego Willy Wednesday, Oct 30, 19 @ 10:04 am

  14. Oswego Willy: It’s been fun. But your comments are clearly declining in quality.

    Comment by MrGoodbar Wednesday, Oct 30, 19 @ 10:16 am

  15. - MrGoodbar -

    Making it about me doesn’t rid those with cancer brought on in Willowbrook and elsewhere.

    I’ll be excited when Mrs. Thome makes these same arguments and folks go after her.

    That *will* be a show.

    Comment by Oswego Willy Wednesday, Oct 30, 19 @ 10:18 am

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