White House, Georgia County Clash on Medical Sterilization Order

A Georgia county is standing firm against Washington in limiting how a medical sterilization company can use the carcinogen ethylene oxide, and for how long, in response to the coronavirus pandemic.

Cobb County earlier in the week allowed Sterigenics U.S. LLC to sterilize only personal protective gear likes masks, gloves, and gowns to ward off Covid-19, the disease caused the novel coronavirus. It also placed a 21-day limit on how long Sterigenics could stay open. The company’s plant had been shut since August.

The U.S. Department of Health and Human Services (HHS) wasn’t happy. It wanted the plant to stay open longer, and be able to sterilize a broader set of medical equipment.

“We don’t think that one county should be allowed to jeopardize the nation’s response to an unprecedented national pandemic,” according to an HHS email Cobb County shared in a statement. The Sterigenics plant in Georgia represented 4% of total U.S. capacity for ethylene oxide sterilization, the official said, adding, “If it remains shuttered, there are national implications.”

In response, Mike Boyce, the Republican chairman of the Cobb County Board of Commissioners, said he “stands by his order.”

Ethylene oxide is used to sterilize medical equipment but has been linked to cancer and other health problems in higher concentrations and from prolonged exposure.

The HHS email was sent to Georgia Gov. Brian Kemp’s (R) office, which then forwarded it to Cobb County. Kemp’s office confirmed it received the email from a top federal health official on Thursday.

“Conversations on next steps from the Federal Government are occurring at the highest levels, should the situation not change,” according to the email.

Health and Human Services wasn’t immediately available to respond to questions about the email, or what actions it would take to override Cobb County’s March 25 order.

County Order

Cobb County’s order, issued late March 25, doesn’t allow Sterigenics to sterilize intravenous tubes, needles, catheters, and syringes, which the company has argued are also critical to helping patients.

Boyce said the limited order was meant to protect county residents from fugitive emissions of the toxic ethylene oxide, while recognizing the national need for sterilized equipment.

“No one likes to have something jammed down their throat by an outside authority that isn’t familiar with the local situation, even with the best of intentions,” Boyce said in an interview Friday afternoon.

But Boyce said he is aware that the federal and state governments could find some way around the county’s action.

“I’m not going to sit here and pretend I’m going to withstand the power of the state or federal government,” Boyce said.

—With assistance from Stephen Joyce in Chicago.