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THE TOBACCO INSTITUTE 1871,53 I STREET. NC)K"i'H14'ES"P 1V:'1,tiHINC, I'ON, D(: 2oo(IG 302P457-4t300 • 8t70!84i8-44:33 SAMUEL D. CHILCOTE, JR. President August 11, 1994 MEMORANDIIM TO: The Members of the Executive Committee FROM: Samuel D. Chilcote, Jr ~_ I .rS This morning Reps. Peter Geren (D-TX) and John Mica (R-FL) held a press conference announcing the release of a study by the Alexis de Tocqueville Institution that evaluates the Environmental Protection Agency's (EPA) scientific principles used to justify policy decisions. Geren and Mica were joined by Cesar Conda, executive director of the de Tocqueville Institution and coauthors Dr. S. Fred Singer and Kent Jeffreys. Press coverage included States News Service, Stephens Publishing and Cable Congress. Several congressional staffers also attended. Copies of the Geren/Mica "Dear Colleague" letter, press release and the study are enclosed. The study provides case studies of four recent controversial risk assessments conducted by the EPA on environmental tobacco smoke (ETS), radon, pesticides and Superfund. With regard to ETS, the report addresses the EPA science and EPA economics of ETS. Dr. Singer explained that the study was peer reviewed by a number of scientists and economists so that real risks and costs benefits to society could be sufficiently evaluated. He said that a good portion of the nation's gross national product is "tied up" in environmental controls and stressed the importance of spending those dollars wisely by distinguishing real risks from "phantom problems." Jeffreys pointed to the recent media attention on Clinton Administration officials lying to or withholding information from Congress. During the question-and-answer session, Jeffreys said that EPA is not communicating the whole truth to the public and policymakers about risks. He told the group that EPA often relies on incomplete information by basing risks on single case, nonreplicable results. In the case of ETS, the EPA used irrelevant data and applied inconsistent methodology, Jeffreys said. On the subject of ETS, Jeffreys said that the research is incomplete and irrelevant to the questions being asked about the actual risk in public settings. He said that "the research EPA

The Members of the Executive Committee August 11, 1994 Page Two examined focused on nonsmoking spouses in the home...for that reason alone, the EPA report is irrelevant." Jeffreys added that based on the data, "I can't prove that ETS is not a risk of lung cancer, but EPA can't prove that it is." He concluded bj( saying it would be irresponsible for Congress to regulate ETS based on the EPA report. The de Tocqueville Institution also provided this report to EPA in response to EPA's request for comments on its cost/benefit analysis of H.R. 3434, Rep. Waxman's smoking ban legislation. SDC : inrg Enclosures cc: The Members of the Management Committee TI Senior Staff