Benzene and worker cancers: 'An American tragedy'

Bloated and bed-ridden, his skin browned by blood transfusions, John Thompson succumbed to leukemia on November 11, 2009.

A carpenter by trade, Thompson, then 70, had spent much of his life building infrastructure for the petrochemical industry in his native Texas — synthetic rubber plants in Port Neches, chemical facilities in Orange. Throughout the 1960s and early 1970s, he often encountered benzene, stored on job sites in 55-gallon drums, which he used as a cleaning solvent. He dipped hammers and cutters into buckets full of the sweet-smelling liquid; to expunge tar, he soaked gloves and boots in it.

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Thompson never figured the chemical could do him harm. Not when it stung his hands or turned his skin chalky white. Not even when it made him faint. But after being diagnosed with a rare form of leukemia in 2006, relatives say, he came to believe his exposure to benzene had amounted to a death sentence. Oil and chemical companies knew about the hazard, Thompson felt, but said nothing to him and countless other workers.

“They put poison on his skin and in the air he breathed,” said Chase Bowers, Thompson’s nephew. “He died because of it.”

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Thompson died before a lawsuit filed by his family against benzene suppliers could play out in court, where science linking the chemical to cancer could be put on display. Over the past 10 years, however, scores of other lawsuits, most filed by sick and dying workers like Thompson, have uncovered tens of thousands of pages of previously secret documents detailing the petrochemical industry’s campaign to undercut that science.

Internal memorandums, emails, letters and meeting minutes obtained by the Center for Public Integrity over the past year suggest that America’s oil and chemical titans, coordinated by their trade association, the American Petroleum Institute, spent at least $36 million on research “designed to protect member company interests,” as one 2000 API summary put it. Many of the documents chronicle an unparalleled effort by five major petrochemical companies to finance benzene research in Shanghai, China, where the pollutant persists in workplaces. Others attest to the industry’s longstanding interest in such “concerns” as childhood leukemia.

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Taken together, the documents — put in context by interviews with dozens of lawyers, scientists, academics, regulators and industry representatives — depict a “research strategy” built on dubious motives, close corporate oversight and painstaking public relations. They comprise an industry playbook to counteract growing evidence of benzene’s toxic effects, which continue to command the attention of federal and state regulators and be fiercely debated in court.

“The conspiracy exists, and the conspiracy involves hiding the true hazards of benzene at low doses,” said Robert Black, a Houston lawyer who represents plaintiffs in toxic tort cases. Since 2004, while handling dozens of lawsuits filed on behalf of workers sickened by leukemia, lymphoma and other diseases associated with benzene, Black has obtained 16,000 pages of internal records detailing the industry’s research tactics, which he shared with the Center. Other lawyers provided an additional 5,000 pages.

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The documents may represent the tip of the iceberg. For decades, the petrochemical industry has employed what one litigation guide calls a “comprehensive strategy” for defending against workers’ legal claims. Penned by a senior attorney at Shell Oil, the undated document lays out a coordinated “industry response” aimed at shielding internal company records on benzene. It warns defense attorneys to “avoid unnecessary or inadvertent disclosure of sensitive documents or information,” for instance, and to “disclose sensitive benzene documents only on court order.”

“We don’t know what the health effects are because they’re not going to let us know,” Black said. “It’s an American tragedy.”

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Five million Americans at risk

Benzene emissions in the United States have declined sharply since 1987, when federal regulators set the occupational exposure limit at 1 part per million. Over roughly the same period, there has been a 66-percent drop in releases of the chemical into the environment. Yet experts say it remains a formidable threat. “You’re still seeing elevated risks of leukemias and lymphomas among occupational groups exposed to benzene,” said Peter Infante, a former director of the office that reviews health standards at the Occupational Safety and Health Administration, who has studied the pollutant for 40 years, “as well as populations being polluted from these benzene sources.”

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In May, the U.S. Environmental Protection Agency estimated that 5 million Americans — not counting those with workplace exposures — face heightened cancer risks from benzene and 68 other carcinogens spewed into the air by one such source: the nation’s 149 oil refineries. “We are concerned about benzene,” said Kelly Rimer of the EPA’s Office of Air Quality Planning and Standards, which has proposed a rule that would require refinery operators to monitor for the chemical along their fence lines.

“It’s a known human carcinogen,” Rimer said, “and it’s emitted from lots of sectors.”

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One month later, California officials lowered the long-term exposure level for benzene from 20 parts per billion to 1 ppb — among the lowest in the country — setting the stage for further emissions cuts at refineries and bulk-oil terminals in that state. Melanie Marty, of the California Office of Environmental Health Hazard Assessment, said regulatory limits are now “getting lower and lower for [benzene’s] non-cancer risks” — dizziness, rapid heart rate, neurological problems, anemia — and not just its carcinogenic effects.

“We have to make sure we’re not exposing people to things we can do something about,” she said.

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A naturally occurring component of crude oil, benzene is used to make household products such as plastics, pesticides and dyes. It remains a key ingredient in gasoline, a source of exposure for workers as well as the public: In 2006, the EPA found benzene to be such a “significant contributor to cancer risk from all outdoor air toxics” that it limited levels in fuel. Even oil executives acknowledge its ubiquity; in documents, they call it “universal” and “a basic petrochemical building block.” Benzene ranks 17th among the top 20 chemicals produced in the United States, according to the federal government.

The petrochemical industry’s decade-long research effort on benzene echoes those launched by other industries — asbestos, tobacco, plastics — that used science to create doubt. These industries have employed a host of tactics to try to convince courts and regulators that a chemical or product causes no harm. At times, they funded their own studies in an attempt to show the lack of adverse effects. Experts say the petrochemical industry has bankrolled more research — at greater cost — than anyone but Big Tobacco, which coined the phrase “manufacturing doubt.”

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“The more they feel threatened by the outcome of independent research, the more they will quote-unquote invest in their own,” said Celeste Monforton, a public health researcher and lecturer at George Washington University, who has written about corporate corruption of science. Monforton considers the petrochemical companies’ study of workers exposed to benzene in Shanghai to be the most expensive and elaborate effort by any industry to try to refute damning scientific evidence.

The reason, in her mind, is clear: “Litigation is continuing and potential for environmental exposures is still significant,” she said. “They need to protect their economic interests.”

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There’s more to this story. Click here to read the rest at the Center for Public Integrity.

This story is part of Exposed: Decades of denial on poisons. Click here to read more stories in this investigation.

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Copyright 2014 The Center for Public Integrity. This story was published by The Center for Public Integrity, a nonprofit, nonpartisan investigative news organization in Washington, D.C.