A government attorney assured a Fulton County judge Thursday that regulators take concerns over ethylene oxide seriously, as the state defended an agreement it reached with a medical sterilization plant over its use of the toxic gas.
The consent order announced in August commits Sterigenics, which runs a facility in Cobb County, to making significant upgrades intended to reduce emissions of the carcinogen ethylene oxide. It was challenged, however, by nearby residents and state Sen. Jen Jordan, D-Atlanta, who argue the agreement is invalid because the state failed to allow public input.
One of the petitioners on the challenge is Todd Smith, an employee of Cox Enterprises, the parent company of The Atlanta Journal-Constitution.
Judge Henry Newkirk took the issue under advisement without issuing a ruling.
Peggy Eckrote of the Attorney General's office argued to dismiss the challenge on largely procedural grounds. She added that the agreement was the "quickest and most efficient" way to reduce emissions.
“The Georgia Environmental Protection Division very well understands that ethylene oxide is a serious matter,” she said. “That is why EPD worked with Sterigenics to get new, additional pollution controls installed at that facility, and to ensure the emissions of ethylene oxide are lowered.”
Attorney Cale Conley, who lives near Sterigenics and said his family has been affected by cancer, made the case against the state. He said the EPD is required by law to seek public comment before entering into such an agreement.
“Is the state going to be allowed to continue to take their ‘we’re going to do what we want and y’all appeal it’ approach, or are they going to follow the law that I’ve laid out here today,” he said. “I don’t know when you would ever use this statute other than in a situation just like this.”
The Sterigenics plant in Cobb has been shuttered since August and faces several obstacles to reopening, independent of the consent order. It has yet to secure construction and fire safety approvals from the county. The state has also said it will not issue a permit until tests are conducted on the new equipment to prove it achieves the promised emission reductions.
Janet Rau, president of Stop Sterigenics Georgia, watched the hearing from the gallery. She was critical of the state's position, especially because the federal government notified Georgia officials of potential problems at Sterigenics as early as 2017.
“The EPD continues to rely on ‘We know what we’re doing and you guys just need to trust us,’” she said. “We have no trust in them. They sat on this information for two years and then wanted to talk about how quickly they were able to get this consent order in place.”
