EPA Watchdog: Regulation not protecting Americans from toxic chemicals
Toxic Exposure
The U.S. government and energy and chemical companies are failing to protect Americans from exposure to cancer-causing benzene, according to a recent report by the U.S. Environmental Protection Agency’s (EPA) inspector general. The failures place communities at heightened risks for cancer and birth defects.
According to the report, regulations that require refinery operators to monitor and disclose toxic emissions are having a limited effect on communities in need of protection from exposure. The problem is that while corporations are monitoring dangerous emissions, too many of them are failing to act when dangerous events are discovered. At risk are predominantly minority communities concentrated around these facilities.
About the OIG Report’s Findings
In 2018, the EPA began requiring refinery operators to monitor concentrations of benzene at the fence lines of their facilities and publish the results online. Eighteen refineries exceeded the federal benzene “action level” between January 2018 and September 2021, according to the OIG report. The “action level” refers to the level above which operators must take corrective measures.
The report notes the following:
- Thirteen of the 18 refineries continued to violate federal standards for 20 or more weeks after their initial violation.
- The EPA’s watchdog now doubts whether simply asking companies to collect and self-report their own data and analyze the causes of their own violations will lead them to keep toxic emissions below permissible levels.
- A high percentage of the plants flagged for toxic emissions are located in Texas and Louisiana. Many of the refineries are located in and around neighborhoods with residents who are primarily racial minorities.
How is Benzene Exposure Risk Measured?
The energy industry is responsible for large emissions of carcinogens like benzene, along with other toxic chemicals such as ethylene-oxide and formaldehyde. Measuring cancer risk is complicated, and is analyzed based on the target risk level (TRL). The EPA’s acceptable TRL is presented as a spectrum – the highest acceptable risk is 1 in 10,000 and the lowest risk is 1 in 1,000,000.
According to the Sierra Club’s clean air program director, who previously served as an air investigator for the Texas Commission on Environmental Quality, “zero is the only safe level of human exposure, any level above [that] and you’re playing a risk game.”
What are the Health Risks of Benzene?
Benzene is a common industrial chemical found in a wide variety of petroleum products, including gasoline, solvents and adhesives. Benzene has been linked to serious health problems, including cancer and leukemia. Long-term exposure to benzene may also lead to:
- Bone marrow not producing enough red blood cells, which can lead to anemia.
- Damage to the immune system, increasing infection risks.
- Irregular menstrual periods and a decrease in ovary size.
One study found that exposure to benzene during pregnancy is associated with low birth weight, an increased risk of childhood leukemia, and a greater incidence of birth defects such as spina bifida.
How We Help Victims of Toxic Exposure
Our birth defect litigation attorneys understand the pain that families face when coping with life-altering birth defects—and the frustration of knowing they could have been prevented. Our team has over 40 years of combined experience in birth defects litigation in cases involving semiconductor and electronics manufacturing, pesticides, and energy production. We have the resources and experience to fight on behalf of our clients against corporations that put them in danger. Contact us to see how we can help you and your family receive justice for birth defects.