Presented by Jennifer Adams, Houston, Hogan Lovells and Dennis Hart, NJ Chemistry Council at the ASTA 2022 Regulatory Workshop on September 12, 2022, this update on the latest state and federal fumigant regulations included an update on new developments related to ethylene oxide and then introduced challenges associated with a new fumigant regulation in New Jersey.

EPA’s Office of Air Quality Planning and Standards presented a webinar to review EPA's proposed new actions on EtO to require more stringent emissions standards and additional worker protections. EPA’s Office of Chemical Safety and Pollution Prevention released a Proposed Interim Decision (PID) that indicates they will consider proposing a phased cancellation of EtO use on specific spices/commodities without documentation showing that alternatives are not viable and the need for EtO is critical to food safety, as well as additional controls to protect worker safety. Additionally, EPA’s Office of Air and Radiation has released proposed revisions to a second residual risk and technology review for Ethylene Oxide Emissions Standards for Sterilization Facilities: National Emission Standards for Hazardous Air Pollutants to regulate room air emissions, modify standards, and require new reporting processes. The session speakers were Susan Bartow, Chemical Review Manager, EPA’s Office of Pesticide Programs, and Jonathan Witt, Environmental Engineer, EPA’s Office of Pesticide Programs.