Tobacco Documents Online

0 «'AS H I NG"FC)a I.I-:GAL FUL'tiDATIC)ti 1705 N STREET, N.V(/. FOR IMMEDIATE RELEASE 0 EWS Wf1SHINGTON, D.C. 20036 . (202) 857-0240 October 10, 1990 WASHINGTON LEGAL FOUNDATION REPRESENTS BIPARTISAN CONGRESSIONAL GROUP BEFORE EPA On October 1, 1990, the Washington Legal Foundation (WLF) filed comments on behalf of itself and 12 members of Congress before the Environmental Protection Agency (EPA) to express deep reservations regarding numerous aspects of the EPA's June 25, 1990 draft report ("policy guide") entitled: "Bnvironmental Tobacco Smoke: A Guide to Workplace Smoking Policies." WLF is representing a bipartisan group of Congressmen, including Tom Bliley (R-Va.), Walter Jones (D-N.C.), Steve Neal (D-N.C.), Howard Coble (R-N'.C.), Bill Hefner (D-N.C.), Butler Derrick (D-S.C.), Robin Tallon (D-S.C.), Charles Hatcher (D-Ga.), John Tanner (D-Tenn.), Alex McMillan (R-N.C.), Bart Gordon (D-Tenn.), and Hal Rogers (R-Ky.). The policy guide is the second document of three drafted by the EPA addressing the alleged health effects of environmental tobacco smoke (ETS). This document outlines various options for mitigation of ETS exposure and claims that only smoking bans or separate sections with separate ventilation will sufficiently reduce nonsmoker exposure. It has been released by the agency for public comment and will be reviewed by the EPA Science Advisory Board before the agency issues them in final form. WLF's comments argue that events surrounding preparation and release of the Policy Guide suggests "an unseemly desire on the part of EPA to rush to judgment on the very important issues raised by the Policy Guide." WLF's comments argue that the Policy Guide badly distorts the state of the law with respect to workplace smoking. WLF's comments also argue that even though EPA lacks legislative authority to regulate workplace smoking, the Policy Guide appears to be "a thinly veiled attempt to exercise such regulatory authority." In light of these deficiencies, WLF and the 12 Members of Congress recommend that, at a minimum, further work on the Policy Guide be placed on hold until after EPA's Risk Assessment on ETS has undergone review by the EPA Scientific Advisory Board. For fiuther information, contact Richard A. Samp, WLF's Chief Counsel, or Alan M. Slobodin, President and General Counsel of WLF's Legal Studies Division at (202) 857-0240