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SHOOK, HARDY& BACON REPORT ON RECENT ETS AND IAQ DEVELOPMENTS October 8, 1993 SHB

REPORT ON RECENT ETS AND lAQ DEVELOPMENTS - IN THIS ISSUE - IN THE UNITED STATES REGULATORI` AND LEGISLATIVE MATTERS • PRO-KIDS legislation amend'ed'to HHS appropriations bill, p. 1. • PRO-FEDS amendment stricken from Treasury appropriations bill by conference committee, p. 1. • Court d'enies DOL's motion to hold ASH v. OSHA case in abeyance in, p.2. • President Clinton issues executive order on regulatory review,, p. 3. ETS-RELATED LITIGATION AGAINST CIGARETTE MANL'FACTURERS • Depositions of senior executives are sched- uled in Broin, p: 7. • Defendants file motions to dismiss in Vorh; p. 8. ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MA'NUFACTURERS. • Motion for summary judgment is decided' in favor of defendant in Harmer, p: 8. • U.S. Supreme Court denies petition for writ of certiorari in Crump, p. 9. • California family court sets January hearing on visitation battle involving ETS daims, p. 9. LEGAL ISSUES AND DEVELOPMENTS • "Study Examines Opinions, Actions on Smoking Policy;" p. 10. OTHER DEVELOPMENTS/MEDIA COVERAGE • Smoking dispute in restaurant ends in shooting, p. 11. • Coalition forms to advance "sound science," p. 11. ISSUE 57 •"Where There's Smoke There's Fire: Law. Firms Get Tough on Smoking," p. 12. SCIENTIFICITECHNICAL ITEMS • Calendar of upcoming scientific meetings is appended! to this Report, as Appendix B. • "Epidemiological Studies Relating,Famil~~~ History of Lung Cancer," p. 12'. • "Environment and Well-Being Before and Following Smoking Ban in Office B'uild- ings," p. 13. •"Key Issues in Carcinogen Risk Assessment: Guidelines„Society for Risk Analysis,"'p. 114. IN!EUROPE & AROUND THE WORLD REGULATORI' AND LEGISLATI\''E MA7TERS • Legislative acoivity in Australia, Austria, Canada and the United Kingdom begins on p. 14. LEGAL ISSUES AND: DEVELOPMENTS • Canadian Supreme Couro hears argument on application of cigarette companies' challenge to tobacco act, p. 16. OTHER DEVELOPMENTS/'MED1A COVERAGE • Researchers in Sweden claim more women suffer from "Sick Building Syndrome" than men, p. 16. • "Health Fascists Hide Behind Smokescreen," p. 17. •"Who's Sleeping in Your Bed?" p. 18..

- TABLE OF CONTENTS - Issue 57 October 8, 1993 IN TIiE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS 103D CONGRESS [1] [2) PRO-KIDS Bill Added to HHS Appropriations Measure ........................................................ ]i Conferees Strike PRO-FEDS Amendment to Treasury Appropriations Bill ........... ................. ll U.S.OCCUPATI.ONAL SAFETY~ AND HEALTH ADMINISTRATION (OSHA)', [3] [4] [5] [6] ASH v. OSHA:, Court Denies Motion to Hold Case in Abeyance ........................................... 2 Court Dismisses Suit Against Maryland OSHA ...................................................................... 2 Reform Legisl6tion Hearings Elicit IAQ Testimony ................................................................ 2 Predictions Made About Workplace Smoking Stand'ard' .......................................................... 3 WHITE HOUSE - [7] [8] New Executive Order Focuses on,R'egulhtory Planning and Review ........................................ 3 Proposed Cigarette Tax Seen as Benefit for Nonsmokers ......................................................... 3 U.S. ENVIRONMENTAL PROTECTION', A.GENCY' (EPA). [9] ETSRiskAssasment Litigation: Washington Legal Foundation Tenders Amicus Brief in [10]1 Supporo of Plaintiffs, .................................................................................................... ............ 4 Controversy Mounts,Over EPA Cabinet Elevation Bill ........................................................... 4 [ 1' ]i]'. EPA Fails to Address Residual Effects of Fugitive Pcrc Emissions ............................................ 5 [12)' Anderson Carpet Studies NonReplicatcd' ................................................................................ 5 STATE AND. LOCAL GOYERNMENTS[13) Assessments of Chemical Risk to be Pcer-Rcvie.ved'in California ............................................ 5 [14] PYivacv Legislation .................................................................................................... ............... 5 [151 ETS-Related'I State and Local Lcgislation .................................................................................6 ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [16] Broin: Depositions of Senior Executives Scheduled ................................................................. 7 [17) Butler: Deposition of Plaintiff Ava Dean Butler Nioticed ........................................................ 7 [18] Dunn: Responses to Defcndants' Dispositive Motions Filed ................................................... 8' [191 Voth.• Motions to Dismiss Filed ...........................................................•.--..--°--.---................... 8 ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS AMERICANS WITH DISABILITIES ACT (ADA.)', [20] Harmer v. Virginia Electric and Pown Co. (U.S. District Court, Eastern District, Virginia) (decided September 20, 1993) ................................................................................................. 8 RESIDENTIAL EXPOSURE:. CHILD~CUSTODY~ [21) Harkness v. Henderson (Family Court, Contra Costa County, California)'(]anuary hearing, scheduled) .................... .................................................... ....................................................... 9 GOVERNMENT BUILDING EXPOSURE [I22] Crump v.,Departmrnt ofHnaltb and Human Services, No. 93-265 (U.S. Supreme Court) (certiorari denied Octoben4, 1993) .................................---.°-.---.............................................9 PRISONER'CAS.E [23] Rogers v. Romrn, 93'-CV-1876 (U.S. District Court, Denver„Colorado) (fil'ad September 8, 1993) .................................................................................................... ..............................9 WORKPLACE: I.AQ/HANDICAf' DISCRIMINATION[24) hlciltueil'v: Mount Sinai Flospital, 11993 WL 300026 (U.S. District Court, Southern District, New York) (decided August 3, 1993) ......--.............................................................. 10 WORIQ'LACE:IVtULT1PLE CHEMICAL SENSITIVITY~ [25] Conradl v. Mt. Carmel School, 1993 WL 361221 (Wisconsin Labor andlnd'ustry Review Commission) (decided August 13, 1993)' .............................................................................. 10. LEGAL ISSUES AND DEVELOPMENTS [26]1 "Study Examines Opinions, Actions on Smoking Polic*y:" BNA Daily Labor Report. September 23, 1993 ..................................................................................... ................... 110 [27] "Environment Smoke Scream," T.H. Holt, The Washington Times, September 21, 1993'...... 1!1

Contents Continued, Issue 57 OTHER DEVELOPMENTS [28] Restaurant Smoking Dispute Ends in Killing ........................................••••-•••.• ...................... 1 1 [29] Coalition to Advance "Sound Sciencr" .................................................................................. 1 1 [30] Washington, D.C., March Protests Bias Against Smokers ...............................••.•-••-•••..•.••.••.. 1 1 [31] Smokers Fly Freedom Air .................................................................................................... .. 1il MEDIA COVERAGE [32J "Where There's Smoke There's Fire: Law Firms Get Tough on Smoking," S. Taylor, [33] Pientict Hall'Iaw and Business, April 19„ 11993 ...................................................................... 112' "Bar and Restaurant Workers Demand Protection from Secondhand Smoke," Business LY%irt, September 27, 1993 .................................................................................•---.............. .. 112, SCIENTIFICITECHNICt1L ITEMS UPCOMING SCIENTIFIC MEETINGS [34] Indoor Air Quality Symposium, American Industrial Hygiene Conference and Exposition, Anaheim, California„lvlay, 22, 1994 ' ...................................................................................... 12 [l35] Indoor Air Quality: An Overview for People Who Nted to Know, the American Insti- tute of Haurdous Materialk Management (AIHMM)1 several sites and dates in 1993 and 1994 ..............................•---.................-...................................---.--...... ...........--.--................... 1 , LUNG CANCER [36] "EpidcmiologicallStudies Relaning Family E-Iistory of Lung Cancer to Risk of the Disease," _ P.N. Lee, Indoor Environrnenr 2: 129-142, 1993 [Sce APP, endix A ] ...................................... 12 RESPIRATORY DISEASES AND CONDITIONS - CHILDREN [37] "Road TrafFic and Adverse Effects on Rcspirarory Health in Children,"'M_ Wjst, P. Reitmcir, S. Dold, A. Wu1ff, T. Nicolai, E.F. von Loeffelholz-Coiberg, and E. von .......... 13 Mutius, British Medical Journal307: 596-600, 1993 [Sec Appendix A] ...................... ETS EXPOSURE AND MONITORING [38] "Estimation of ETS Rctcntion in Volunteers from Measurements of Exhaled Smoke Composition," A. Black, J.J. McAughcy, D.A. K'night, C.JI Dickens, and J.C. Strong, Proceedings oflndoorAir'93 3: 47-46, 1993 [See Appendix A] .............................................. 13 [391I "Measurement of Exposure to Environmental Tobacco Smoke in Pregnant Womcn Using Qucstionnairc, Personal Monitor and'Urine Cotinine: A Problem in Exposure Moniior- ing," T.Z. O'Connor,$'.P. Leaderer, T. Holford,and'M_B: Bracken, Proceedings ofIndoor Air'93 3: 373-378 [See Appendix A] ................................................................................... 13 INDOOR AIR QUALITY' [401 "Environment and Well-Being Before and'Following Stnoking Ban in Office Building,s.'" 1. Broder, C. Pilger, and P. Corey;, Canadian Journal ofPublicHealth 84(4): 254-258~ 1993 [See Appendix A] .................................................................................................... ..... 113 [4'1] "The Pollutant Control Ihdex: A New Method of Characterizing,Ventilation in Commer- eial Buildings„"'W.J. Fisk, D. Faulkner, and A-T:,I-iodgson. Proceedings oflrrdoorAir'93' 5: 9=14, 1993 [See Appendix A]l .....................................................................---...........---..... 13 [421 "Varying Ventilation Conditions to Provide a More Complete Assessment of Building HVAC Operation and Indoor Air Quality," R. Menzies, R.M.,Tambiyn, F. Nunes, J. Leduc, J, Pasztor, and R.T. Tamblyn, Proceedings oflndnorArr'93 6:, 55]i-556, 1993 [See Appendix A] ...............................................................-•--................................ .-°........... 13 [43] "Thr Effect of ETS and'Other Combustion Products on the Indoor Concentration Levels of Radon Progeny and Activity Size Spectrum," L. Morawska and M.,)amriska. Proceedings oflndoorAir'93 4: 533-538, 1993 [See Appendix A] ............................................................ 14 [44] "Indoor Concentrations of Polycyclic Aromatic Hydrocarbons in California Residences and Their Relationship to Combustion Source Use," L. Sheldon, A. Clayton, R. Pcrritt, D.A. Wliitaker, and J. Keever, Procttdings oflndoorAir'93 3: 29-34, 1993 [See Appendix A]I...... 14 STATISTICS AND RISK ASSESSMENT [45]1 "Key Issues in Carcinogen Risk Assessment Guidelines. Society for Risk Analysis," E. Anderson, P.F. Deisler, D. McCallhm, C. St. H,ilaire, l-I'.L. Spitzcr, H. Strauss, J.D. Wilson, and R. Zimmerman, Risk Analysis 13(4): 379-3821 1993 (See Appendix A] ............ 14 [46] "An Enforceable Indoor Air Qualiry Standard for Environmental Tobacco Smoke in the Workplace," ).L. Repace and A.H. Lowrey, Risk Analysis 13(4): 463-475, 1993 [See Appendix A] .................................................................................................... ...................... 114

Contents Continued, Issue 57 IN EUROPE & AROUND THE WORLD REGULATORY AND LEGdSLATNE MATTERS AusrxAl.Iw (47] New Public Smoking Ban Likely in Canberra ..........................................................•.••••••••••• 14' AUSTRIA [48] Compromise On Draft Tobacco Billl in Austria ..................................................................... 14 CANADA [49] Antismoking Bylaw is Passed in Durham Rcgion .................................................................• 14 [50] Health Agencies Plan to Picket NDP Caucus .......................... .......... .............................. 15 - UNITED KINGDOM [51i) HEA Wants Teachers,to Ser Nonsmoking Example .............................................................. 1 5 ETS-RELPiTED LITIGATION INVOLVING CIGARETTE MANUFACTURERS AUSTRALIA [52]1 TIAI v. Sttphrn Woodward (Supreme Court, Equity Division„NLw South Wales) (filed April 15, 1923, tried September 6-7, 1993) ........................................................................... 15 LEGAL ISSUES AND DEVELOPMENTS AL'STRALIra[53] Legal Publication Focuses on Tobacco Litigation................................................................... 15 CANADA. [54] Supreme Court Hears Argument on Application for Injunctive Rclicf ................................... 16 UNITED KINGDOM~ [55] Pubs Urged to Go Smoke Free .............................................................................................. 16 OTHER DEVELOPMENTS CANADA [56] KU,x,AIT [57] Northerners Surveys on Smoking Restrictions ....................................................................... 16 Smoking Banned in Radio and'~Television Station.................................................................. 116 SWEDEN [I58] Researchers Claim More Women Suffer from "Sic{: Building Syndromc" .......................... .. 116 UNITED KINGDOM [59] Welsh Couple Told They Cannot Be Foster Family .............................................................. 17 [60] ASH Provides "Breathing Space°'Campaign Materials .......................................................... 17 MEDIA COVERAGE AUSTRALIA [61] "Health Fascists Hide Behind Smokescreen," P. McGuinness„ ThrAusr.al:an, September, 22, 1993 .................................................................................................... ........................... 17 CANADA [62]1 "A Little Tolerance, Please," N. Boyd, The VanrouverSun, September 17, 1993 ................... 17' UNITEDKI-NGDOM [631 "Who's Sleeping in Your Bedt," N. Hawkcs„ The Times, September 21„1993 ........................18 Appendix A ........ .............................................................................. ................................................................ Articlt Summaries Appendix B ....................................................................................---............- -.-•--............. UpcomingScientiFc Meetings

OCTOBER 8, 1993 1 REPORT ON RECENT ETS AND 1AQ DEVELOPMENTS IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS IO3DD CONGRESS [1] PRO-KID'S Bill Added to HHS Appropriations Measure On September 28, 1993, by a vote of 95-3, the Senate amended a House appropriations bill for the Department of Health and' Human Services (H.R. 2518)1with Senator Frank Lautenberg's (D-N.JI) PRO- KIDS legislation. Lautenberg's bill would restrict smoking to separately-ventilated areas in all federally- funded facilities providing services to children under the age of 18! It would apply to health care and day care programs and would include elementary and secondary schools. During debate on the amendment, Senator Lautenberg,referred to the EPA Ri'sk Assessment on ETS and the lawsuit challenging the risk assessment. Quotations from the risk assessment were displayed on a chart. Senator Lautenberg also discussed the airline smoking ban, which he was instrumental' in enacting; and claimed that airline employees have said that cabin air quality has improved since the ban went into effect. He did acknowledge, however~, that there are "other environmental problems with indoor air on airplanes." EPA's July 1993 pamphlet, "What Parents, Decisionmakers and Building Occupants Can Do About ETS,"'was placed in the record: Additional remarks made during the debate on~ the measure follow: • Senator Lautenberg. "['Since the ETS risk assessment was released] companies, States, and localities have adopted policies to protect nonsmokers from thiss deadly carcinogen. Even four shopping malls in my State - Cherry Hill, Bridgewater Commons, Echelon, and Woodbridge Center - have gone smoke free and have attracted a lot of new custom- ers as a result of that." • Senator Wendell Ford (D-Ky.): "No one opposes protecting our children from harmful things they breathe in the air outside their homes. No one objects to that. But~ there is more in the air than tobacco. There should be equal concern about radon. We do not hear anything,about that. There should be equal concern about asbestos, formalde- hyde, lead', and other pollutants. But, no; we come in and! beat on tobacco. We need to look at the comprehensive picture of workplace air qu~alitv;not jusn smoking." • SenatorJrsseH'elms (R-N.C.): "'[T]here is no justification for the Federal Government to rusK into smoking bans based on EPA's questionable findings. EPA studies regarding tobacco are little more than antismoking diatribes in which science has been prostituted and readily ignored in order to have a: politicall'y correct result. The only thing these studies prove is EPA's willingness to sacrifice science in order to reach a predetermined ideology." • SenatorJohn Chafee (R'-R.I.): "[The ETS risk assessment] concludes that the widespread exposure to environmental tobacco smoke presents a serious and substantiallhealth risk. Secondhand! smoke not only aggravates up to one million existing cases of childhood asthma each year but increases the risk of lower respiratory tract infections such as pneumonia andlbronchitis& children are especiallyy vulnerable to the effects tobacco smoke." A conference committee now muso resolve differences in the Senate and' House versions of the appropriations bill. See BNA Daily Report for Executives, September 29, 1:993: [2], Conferees Strike PRO-FEDS Amendment to Treasury Appropriations Bill As predicted by a number of Congressmen, Senator Frank Lautenbcrg's (D-N.J.) PRO-FEDS legislation was removed from a House appropriations bill for the Treasury Depanment (H.R. 2403) by a House-Senate conference committee. The PRO-FEDS legislation (S.

2 262) would restrict smoking in all federal buildings to separately ventilated areas; it had been added to the appropriations bill by the Senate on August 3, 1993. Proponents of S. 262 have reportedly said that they will resurrect the proposal during deliberations om other legislation during this session. See Daily Labor Report, September 27, 1993; Chicago Tribune, Septemr ber 25, 1993. U.S. OCCUPATIONAL SAFETY AND HEALTH ADMI!NISTRATION' (OSHA) [3] ASH v. OSHA: Court Denies Motion to Hold Case in Abeyance The D.C. Circuit Court of Appeals has d'enied the Department of Labor's motion to hold the case in abeyance pending a decision by the Secretary as to "whether or how to regulate occupational exposure to tobacco smoke." The per curiam order, entered on September, 15, 1993, grants ASH's motion to proceed with briefing and oral argument and instructs the Clerkk to calendar the case for presentation to a merits panel. ASH filed the underlying petition for review in December 1992 seeking,an order that would require OSHA to institute a separate rulemaking to regulate ETS in the workpltice. ASH v: Department of Labor„ No, 92-1661 (U.S. Court of Appeals, D.C. Circuit). (f l'ed' December 22, 1992). [4] Court Dismisses Suit Against Maryland OSHA A trial court, judge in Prince George's County has dismissed the suit file& by Albert, Ertel against the Maryland OccupationaliSafery and Health Agency (MOSHA), to force that agency to ban smoking,in private workplaces and to fine his employer for expos- ing him to ETS in the workplace. Further details about the pre-trial hearing conducted in, the case appear in issue 54 of this Report, August 27, 1993. In granting MOSHA's motion for summary judg- ment, the court stated that the decision to cite an employer under the state occupational'l safery and health statute is a matter of discretion. MOSHA's decision not to cite the employer was adequately supported by the results of MOSHA's inspection of Ertel's workplace, in which MOSHA found no ETS/IAQ REPORT, ISSUE 57 evidence that the employer had violated the generall duty clause of the statute, the court held. Thus, the court rejected Ertel's claim that MOSHA's decision was an arbitrary abuse of discretion. The court al'so stated, in dicta; that the employer's subsequent decision to adopt a: smoke-free policy would have rendered a mandamus proceeding,moot. Ertel v, Henry Koellein, Jr.,, et al, CAL 93-00073 (Circuit Court, Prince George's County, Maryland). (decided September 16, 1993). [5] Reform Legislation Hearings Elicit IAQ Testi- mony Testifying before a House subcommittee on OSHA reform, a representative of the American Federation of Teachers (AFT)' addressed the issue of poor ind'oor air quality in schools. The hearing was held on September 28, 1'993, before the subcommittee on Labor Stan- dards, Occupational Health andlSafety regarding the Comprehensive OSHA Reform Act (H.R. 1280). Two panels of witnesses testified during the hearing; one representedl labor and the other represented industry. Darryl Alexander of AFT discussed the IAQ problems in schools caused by poor ventilation, exposures to methyl alcohol, pesticides, commercialldisinfectants and cleaners, asbestos„radon, and infectious diseases such as tuberculosis. She stated, "Indoor air quality is a critical problem for many of our schools. A require- menn to inspect the work site could identify some of the problems that contribute to poor indoor air qualit.I such as uncalibrated! controls, filters that have not been cleaned or replaced, and improperly functioning air handling units."' Alexander blamed poor IAQ in schools for asthma,, allergies and frequent respiratory infections, and she recommended passage of the reform act so that OSHA would have jurisdiction over workplaces not currentl}' subject to OSHA regulation, such as schools, public facilities and hospitals. Franklin Mirer„ Ph.D., testifying on behalf of the Uttited'~Auto Workers (UAW), also urged passage of the bill He stated, "the rulemaking provisions in this legislation will get the OSHA standards process back on track. The bill properHy adjusts the standards petition process by requiring OSHA to state reasons for noracting in response to substantial requests. Through

OCTOBER 8, 1993 all of OSHA's 23 year history, it was petitions from~ unions and the public health community which drove the positive rulemaking agenda at OSHA. ... The definition of significant risk in the OSHA Reform Bill is based on environmental legislation and permits OSHA to provide workers the same level of protection against chemicals at work that EPA is required to provide to them at home." Representative Austin Murphy (D-Pa.), who chairs the subcommittee, indicated that he expects the bill to go through lengthy markup in October or November 1993, and anticipates it will be substantialNy amend'edi [j6] Predictions Made About Workplace Smoking Standard According to am article appearing in the current issue of Occupational Health &Safety, one of the more contentious issues facing OSHA is smoking in the workplace. Charles Adkins, director~ of OSHA's health standards programs, is quoted as saying, "We're in the process of looking at various options. Options [in- clude] a standard on passive tobacco smoke alone, or doing a standard on indoor air quality that would include passive tobacco smoke. The flip side is not doing anything at all."' This option is not seen as likeNy, but Adkins also said, "We would rather do something on our schedule than have somebody mandate that we do something within an unreasonable period of time." Richard Boggs, vice president of Organization Resource Counselors Inc., a Washington, D.C.-based management consulting firm, has reportedly predicted that there will be some kind of standard restricting smoking,in the workplace. In this regard, he stated,, "I don't think there's much questiom anymore that smoking is hazardous to your health, whether it's secondary or whatever." See Occupational Health & Safety, September 1993. WHITE HOUSE [7]I New Executive Order Focuses on Regulatory Planning and Review Vowing to reform the regulatory process and make it more efficient, President Clinton has signed an execu- tive order that sets forth his Administration's regula- 3 tory philosophy andiestablishes the procedures to be followed by agencies in promulgating regulations. "We reject the 'if it moves, regulate it' approach. And we reject the idea that we can walk away from regulation entirely. We have sought a third way, consistent with the philosophy behind the Vice President's reinventing government project," the President said before he signed the order. Under the order, which was signed on September 30, 1993; the Office of Management and Budget (OMB)) plays a larger role in regulatory planning but~ is re- stricted in its ability to block specific regulations, OMB is an executive-branch agency that controls the administration of the federal bud'get and coordinates management procedures among federal departments and agencies. . President Clinton's order ealls for annual regulaton, plans developed by each federal agency in cooperation with~the OMB. The plans are to specify an agency's regulatory agenda and describe the costs and benefits that anticipated rules are expected to produce. Specifi- cally, the plan must include a "statement of the need for each such action and, if applicable, how the action will reduce risks to public health, safety, or the ena-i, ronmenty as well as how the magnitude of the risk addressed by the action relates to other risks within the jurisdiction of the agency," the order states. With respect to specific proposed regulations, the order permits the Vice President's review only at the request of a cabinet member or the OMB: Communi- cations between White House staff members and'i the public must be made in writing and put in the public record in order to be utilized in the rulemaking process. [8] Proposed Cigarette Tax Seen as Benefit for Nonsmokers President Bill Clinton has proposed adding a tax onn cigarettes as part of his health care plan, Several commentators have praised the plan as a benefit to: nonsmokers who will purportedly be exposed to less ETS if the increased cost of a pack of cigarettes reduces the number of smokers. Commenting on the proposal were: • Former Surgeon General C. Everett Koop: "A substantial cigarette tax would benefit not only the entire nation by helping to provide more accessible health care at a lower cost, but it would also benefit 202470 2535

4 particular groups; smokers would benefit because it would help them to quit; nonsmokers would benefit because the air they breathe would have less harmful smoke;... The only real losers would be the tobacco industry, which has made its profits by lying to the American people about the dangers of smoking."' See The Washington Post, September 21, 1993. • Surgeon General Joycelyn Elders "We know that children exposed to tobacco smoke are far more likely to have pneumonia or other respiratory diseases. We know that. And yet we as a govern- ment continue to subsidize the tobacco industry. And when we talk about tax on~ tobacco, we know that it costs us $2.113 in increased medical costs„and we scream when we are talking about taxing tobacco. All other industrialized countries have a higher tobacco tax than the United States, and yet we say„we']l lose our tobacco farmers." See Federal News Service, September 27, 1993. • Stanton Glantz: (responding to a remark abourt whether the new tax on cigarettes should fund antismoking efforts) "They would be absolute idiots to not include a reasonable tobacco-controlicam- paign as a component of their overall health care proposal." See ABC Lt?orld News Tonight, Septem- ber 21, 11993, U.S. EN'VIFIONN1ENTs,L PROTECTION AGENCY (EPA). [9] I ETS Risk Assessment Litigation: Washington Legal Foundation Tenders Amicus Brief in Support of Plaintiffs Washington Legal Foundation (WLF), a nonprofit public interest law and policy center, is seeking leave of court to file an amicus curiae brief in opposition to EPA's motion to dismiss. WLF filed its motion for leave on October 4, 1993; WLF's proposed brief was attached to the motion. °WLF believes that businesses who are the victims of the type of deceitful government conduct that is alleged in this case ought to~be permitted to obtain judicial review of that conduct, particularly where (as here) the conduct inarguably has a profound effect on those businesses," the organization stated in its papers. "WLF believes that denial of judicial review in the face ETS/IAQ REPORT, ISSUE 57 of those allegations would place in jeopardy the economic and'civil liberties of all individuals and businesses." The brief which the legall foundation proposes to file addresses two of the procedural issues raised in the motion~ to dismiss: (i)' whether EPA's decision to designate ETS as a Group A carcinogen constitutes "final agency action"; and (ii) whether the case is "ripe"' for review. "[EPA]'s motion to dismiss this Complaint boils down to a claim that the federal government can avoid all judicial review of official pronouncements that label an industry's product with a pejorative designation that the government allegedly knows to be false, when the government acts for the purpose of damaging that industry, when the industry does, in fact, suffer damage. Tharchurlish approach to judicial review of government action has never been the law, nor should it be," WLF asserts. On August 30, five organizations sought leave to file an amicus brief in support of EPA's motion to dismiss. The court has not yet rulpdlon that request, or on WLF's request. Plaintiffs filed their response to the motion to dismiss on September 20. EPA's reply brief, if any, is currently due om October 20 i Plaintiffs' complaint imthis case seeks a declaration that EPA's decision to designate ETS a Group A carcinogen, together with the risk assessment on which the decision is based, is unauthorized, arbitrary and capricious, violates procedures required by law, and amounts to a denial of due process. Plaintiffs also seek a permanent injunction requiring,EPA to withdraw the Group A designation and the underlying risk assess- ment. Flue-Cured Tobacco Cooperative Stabilization Corporation; et al, v. EPA, No. 6:93CV370 (U.S. District Court, Middle District, North Carolina) (filed June 22,,1993)~: [10] ConuoversyMounts Over EPA Cabinet Eleva- tion Bill According to a press report, the Clinton administra- tion has informed'the House that it opposes a risk assessment provision that has been added to the EPA Cabinet elevation bill (S. 171) by amendment. Further details regarding the bill appear in issue 47 of this Report, May 14, 1'993: The amendment would require the new Department of Environmental Protection to

OCTOBER' 8; 1993 ~ conduct risk assessments and cost-benefit analyses for all proposed regulations. The Senate approvedlthe amendment by a vote of 95-3, but House opposition led by Representative Henry Waxman (D-Cali£) has been strong and is expected to persist if the amend'r ment reaches the conference committee. Although President Clinton is reportedly strongly committed to placing,the EPA in his cabinet, he is opposed to amendments that do not address organiza- tional matters for the new department. Some congres- sional sources, however, believe that there is a great deall of support for the risk assessment amendment in light of overburdened state and local budgets, andi that Vice President Gore's "reinventing government" report, may actually provide a boost for the amendinent. See I'nsrde EPA, September 24, 1993. 1'vleanwhile, Senator John Glenn (D-Ohio), sponsor of the bill has reportedly expressed some reservations about the "new science" of risk assessment upon which every EPA regulation is relying. He apparently believes that Congress should be cautious about adopting a scientific rnethodolbgyy that has not been universally accepted. According to Glenn, the EPA Cabinet bill can be completed before the end of the year. Any additional delays can apparently be attributed to other issues before Congress, including the budget and health care. See Inside ETA October 1, 1993'. [11]' EPA Fails to Address Residual Effects of Fugitive Perc Emissions According to a press report, the EPA, in releasing its firstnational emissions standar& for hazardous air pollutants under the 1990 Clean Air Act amendrnents,, failed to address the residual effects of percholorethylene (perc) emissions on apartments and offices adjacent to d'ry cleaners. A New York study apparently found high levels of perc in the indoor air of apartments and businesses locate&above srttallidry cleaning establishments. The estimated cancer risk at those sites was reportedly as high as one in 100. The EPA's latest rule only addresses the effects of perc emissions inside dry cleaning establishments. It simply prohibits dry cleaners from buying transfer machines, consisting of washers and' dryers, when they replace their equipment as such, dry cleaning systems release more perc than dry-to-dry machines. See Indoor Pollution Niws, October 1, 11993, [12] Anderson Carpet Studies Not Replicated The EPA has reportedly found no proof, following months of study, that chemical emissions from carpet- ing cause illness or death in mice. The EPA's findings, released in September 1993, thus failed to confirm findings made earlier in the year by Massachusetts- based Anderson Laboratories., Some 50 experiments involving 250 mice apparently did not replicate the Anderson results, A professor at the University of Pittsburgli,,however, has apparently testified that mice have died during experiments he has devised. His methodology has reportedly been criticized by the EPA. See The Atlanta fournal'and Constitution;, Septem- ber 18, 1993. STATE AND LOCAL GOvERNhh4ENTS [13] Assessments of Chemical' Risk to be Peer- Reviewed' in California The Cal'tfornia Secretary for Environmental Protec- tion announced that California EPA's Office of Environmental Health HazardlAssessment (OEHHA) will establish a Science Advisory Board (SAB) of external scientists to peer review OEHHA's scientific assessments of chemical, risks. The SAB will apparently review risk assessment guidelines, risk assessment documents on specific chemicals, and''i scientific policv developed, by OEHHA. The SAB has been charged with promoting sound, risk assessment science inn regulatory decision•making and with fostering,consis- tency throughout the environmental agency. The two SAB committees formed initially will serve as the state's qualified experts under Proposition, 65~ and will l identify chemicals that may cause cancer or birth defects and are subject to the provisions of Proposition 65. Experts have been named to the committees„one of which will reportedly meet for the first time on October 25, 1993„in Sacramento. See PR' Newswire, September 24, 1993. [14] Privacy Legislation •Pennsylvania A bill introduced in March that would have prohibited employment discrimination against: persons who use lawful products moved out of the House Committee on Appropriations but, aker several' readings and

6 amendments, failed' to pass the H'ouse. See H.B. 956, 176th Gen. Assem. Reg, Sess. (1993-94). [15] ETS-Related State and Local Legislation •Local GovQrnments in California Calabasas: On September 22, 11993, the City Council unanimously approved a law banning smoking in restaurants and most public places, including stores and other buildings open to the public. The ordinance takes effect on October 22. Mayor Marvin Lopata proposed the ordinance; it's timing he said; due partly to a smoking ban approved''. in Los Angeles and pardy to an agreement with Mayor Ed Kurtz of Agoura Hills, which approved a restaurant smoking ban last month. See Los Angeles Times, September 25, 1993. Laguna Hills: A city ordinance banning smoking in most public buildings„which was to go into effect September 24, 1993, was opposed by a group called the Committee for Better Restaurants, Business and Jobs. The group submitted a petition to the city clerk's office in an effort to force a referendum; however, the petition failed'because the number of valid signatures on the petition fell'short of the required minimum. The ordinance is now in effect and prohibits smoking in virtually "aff enclosed areas available to and'custom- arily used by the public." See Los Angeles Times, September 13; September 24 and October 2 1993. Long Beach. A smokers' rights group has gathered enough signatures to force the City Council'either to repeal or weakem an antismoking ordinance approved in July, or to place it before voters on the April 12, 1994, municipal ballot. The council also has the option to pass a weaker measure now and seek voter approval of the original ordinance in April. The matter has been put on hold because some council members want to put the measure on the ballot, but others would prefer to modify it. See Los Angeles Times, September 23, 1993. LosAngeks. On September 20,,1993, an appellate court allowed the city clerk's office to stop counting signatures on a referendum petition challenging the smoking ban in restaurants. The Court ofAppeali issued a stay of a lower court's order for the city to count more than 90,000 signatures on the petition, which calls for the ban to be put before voters on November 2. The requirement that circulators of the petition must be registered Los Angeles County voters ETS/IAQ REPORT, ISSUE 57 was ruled unconstitutional in a lower court, and a hearing before the Court of Appeal is pending. Mean- while, the smoking ban in restaurants remains in effect. See Sacramento Bee, September 21, 1993; Los Angeles Times, September 21',,1993. San Francisco. According to a news report, restaurant owners and representatives of the tourism industry strongly oppose Supervisor Angela Alioto's proposed~ legislation to ban smoking in all workplaces in the city. The proposal would'ban smoking in restaurants, bars and in spons arenas with seating capacities of more than30;000„including Candlestick Park. Aliotoo referred to the EPA Risk Assessment on ETS to support her proposed legislation. According to Jleffrey Tannenbaum, one of the attorneys who successfully challenged a local ordinance which would have regulated video display terminals, the state's labor code preempts any lbcal regulation of workplace health and safety and thus may preempt local ordinances that attempt to regulate smoking in the workplace. The Code designates the Occupational, Safety and Health Standards Board as the only agency in the state authorized to adopt workplace health and~ safety standards. According to a spokesperson for~ a, nonsmoker's rights group, however, the Health and Safery Code of the state provides that local regulation of tobacco use is not preempted unless lbcal ordinances conflict with state law. A second hearing on Alioto's proposal was held on September 28, 1993; See BNA Calrfornia - Safety. 67 Health Report, September 27, 1993. San Juan Capistrano. The Committee for Better Restaurants, Business and Jobs has opposed a city ordinance banning smoking in public buildings and claims to have collected enough signatures to keep the ordinance from taking effect. The ordinance prohibits smoking in virtually "all enclosed areas available to and! customarily used by the public" and bans cigarette vending machines. The group has collected more than 1,215 names of registered voter residents required to put the ordinance on hold. If the petition is ruled valid, the council will be required to put the ordinance before voters in a referendum at a special election or the next regular, election in June: See Los Angeles Times, September 23, 1993.

OCTOBER 8, 1'993 •Local Governments in Hawaii Honolulu. The City Councillhas introducedan ordi- nance to extend prohibitions against smoking to include restaurants. The ordinance cites the EPA Risk Assessment on ETS in support of the new prohibition. See Honolulu City Bill No. 93, 1993. •I,ocal Governments in Maryland Howard County. On September 20, 1993, the Howard! County council overrode County Executive Charles Ecker's veto of a measure that prohibits smoking in most public places, including off ce common areas, stores, museums, public restrooms and beauty and barber shops. The bill's provisions will be phased in through July 1, 1996~ At that time the law will require restaurant and! bar owners to ban all smoking unless they can separate bar areas and equip them with special ventilation systems. Councillmembers defended their action "as a necessary step to curb the health hazard associated with exposure to other people's tobacco smoke." See The Washington PosA September 21, 1993; Baltimore Morning Sun, September 21 and~ 28, 1993. •Pennsylvania The Senate State Government Committee has sched- uled four public hearings to consider legi'slation that would strengthen Pennsylvania's Clean Indoor Air Act. The committee chairperson, Senator Allyson Schwartz (D-Phil./Montgomery), attributed the effort to strengthen the Act to, the EPA Risk Assessment on ETS. "It's time for the General Assembly to take a hard look at the dangers of secondhand smoke and decide if the Clean Indoor Air Act ad'equately protects non- smokers in public places," she is quoted as saying. Senate Bill 1217 wouldlban smoking in state buildings and would restrict smoking in public places by requir~ ing a separately enclosed smoking room with separate outside ventilation. See PR I1'ewswire, September 24 and 30, 1993. •Locai Governments in Pennsylvania PhiGadelphia. Mayor Edward Rendell announced that beginning November 18, 1993, smoking will be prohibited in any city-owned buildings to which the public has access, such as libraries, recreation centers and health centers. Rendell stated he was instituting the ban by executive order base&on "incontrovertible" medical evidence on the dangers of ETS. See I'hiladel- phia Inquirer, September 21, 1993. 7 ETS-RELATED LI'TI'GATIOIrI!AGAINST CIGARETTE MANUFACTURERS [16] Broin: Depositions of Senior Executives Scheduled Depositions of senior executives of some of the defen- dants are scheduled to begin on October 11, 1993, with deponent William Campbell, president of Philip Morris Incorporated. On October 12, the current President of RJR Nabisco, Inc., and Michael Rosenbaum, a Vice President of Liggett Group, Inc.,,are to be deposed. Om October 14, Farrell Delman, President of the Tobacco Merchants Association, and Andrew Tisch, President of Lorillard Tobacco Co., are to be deposed. This series of depositions is scheduled to conclude on October 15 with~ the deposition of Martin Orlowsky, Executive Vice President of Lorillard Tobacco Co. Meanwhile, plaintiffs' appeal of the trial court's dismissallof their class allegations remains pending in the Third District Court of Appeal. A decision is expected at an), time. At issue in this case are the claims of 28 flight atten- d'ants allegedHy injured by occupational exposure to ETS. In addition, the husband of one of the flight attendants claims loss of consortium. The 28 attendants purport to represent a class of approximately 60;000 other attendants. Injuries alleged by the putative class representatives include lung cancer, breast cancer and unspecified respiratory ailments. Plaintiffs further allege that oecupa- tional exposure to ETS on board aircraft causes at least 22 diseases and a reasonable fear of contracting sucL diseases. The defendants are purported to be the six major U.S. cigarette manufacturers (plus related enti- ties), UST, Inc., United States Tobacco Company, Dosal'Totiacco Corp., the Council for Tobacco Re- search, The Tobacco Lnstitute„and three trade associa- tions. Broin, et al., v. Philip Morris, er al: (Circuit Court, Dade County, Fl'orida) (filed October 311, 1994i). [ 17] Butler. Deposition of Plaintiff Ava Dean Butler ~ Noticed ~ Defendants have noticed plaintiff Ava Dean Butler for ~ deposition on October 20, 1993'. Plaintiffs had sought a~ protective order regarding the deposition, but Judge :7 Gibbs denied plaintiffs' motion on September 10. ~% Defendants deposed the plaintiffs' three daughters on ~ October 5 and 6. They deposed the present owner of Burl Butler's former barbershop on October 4. ~,

8 Plaintiffs contend that Burl Butler, a barber from Laureli Mississippi, developed lung cancer as a result of his exposure to ETS. The defendants in this case consist of the six major U.S. cigarette manufacturers and severali local retailers. Butler v. R.J. Reynolds Tobacco Company, et al. (Circuit Court, Hinds County, Mississippi) (filed October 21, 1992). [I18] Dunn: Responses to Defendants'' Dispositive Motions Filed On September 24, 1993, plaintiffs submitted their responses to defendants' pending motionsr a joint motion to transfer venue from, the Circuit Court of Delaware Counnx to the Circuit Court of Grant Counry, which was filed by the cigarette manufacturr, ing defendants, The Tobacco I'nstitute and the Council for Tobacco Research; and motions to dismiss for lack of personal jurisdiction, Bled! by the various holding company defendants. Pursuant to the current schedul- ing order, defendants have until October 27 to submit their reply briefs. The court is presently scheduled to hear argument on the motions on December 2. Plaintiffs in this case contend that Mildred Wileywas a nonsmoker who died of lung cancer in 1991 as a result of exposure to ETS at the Veteran's Administra* tion hospital where she worked. Her husband, Philip Wiley„is also asserting a loss of consortium daim. Defendants in the case are each of the six major U.S: cigarette manufacturers, parent companies of three of the manufacturers, The Tobacco Institute, and the Council for Tobacco ~ Research. Dunn v. RJR Nabisco Holdings Corporation, et aL (Superior Court, Delaware Counry,, Indiana) (filed May 28, 1993). [19] Votlz Motions to Dismiss Filed On September 27, 1993, Philip Morris Companies. Inc. filed a motion to dismiss plaintiffs amended complaint for lack of personal jurisdiction. On Sep- tember 21, defendants R.J. Reynolds Tobacco Com- pany, R.J. Reynolds Tobacco Company d/b/a Forsythe Tobacco Products, and Brown & Williamson Tobacco Corporation filed a joint motion to strike plaintiffss amended motion for preliminary injunction6 which seeks to ban the sale of cigarettes in the state of Or- egon. In their motion, the defendants contend that plaintiffs motion for a preliminary injunction should' be strickem as moot, redundant,,harassing an& frivolous ETS/IAQ REPORT, ISSUE 57 because he is housed in a nonsmoking area of the penitentiary: Also on September 21, R.J. Reynolds f led a motion seeking the entry of a scheduling order "to bring some order to the case and to ensure that the parties have a clear understanding of what is expected of them and when." The court has not ruled on any of the above motions. Frank Voth, who is incarcerated in the Oregon State Penitentiary, alleges that his civil rights have been violated as a result of his exposure to environmental tobacco smoke. He claims that he has °incurred permanent health damage and i's at risk of death" as a result of being exposed to environmental tobacco smoke. Defendants in Voth are Forsyth Tobacco. Products, R.J. Reynold's„ Brown & Williamson, Philip Morris Companies and American Tobacco. Voth v. Forsyth Tobacco Products, etal.' (U.S: District Court„ Oregon) (filed Aprill27, 1993). ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS. A1;fERICANS VUIT}d DISABILITIES ACT (ADA) [20] Harmer v. Virginia Electric and Power Co. (U.S. District Court, Eastern District, Virginia) (decided September 20, 1'993)~ The district court has granted a motion for summarv judgment filed by the defendant-emplbyer in this case and has dismissed the plaintiffs complaint with prejudice. Plaintiff Robert Harmer had alleged that his employer, Virginia Electric and Power Co. (Virginia Power), violated the Americans with Disabilities Act (ADA) by failing to prohiliit smoking in the building in which he worked. Further details regarding the complaint appear in issues 43 and 45 of this Report, March 119 and April 16, 1993. Harmer's complaint alleged that he had bronchial asthma and that a complete smoking ban was necessary under the ADA to accommodate his condition. The court found~ however, that Harmer could do liis work as a buyer in the company's purchasing department without a smoking,ban. In its order, the court ruled, "[B]ecause the evidence established that Harmer could! at all times adequately perform his employment duties,

OCTOBER 8, 1993 Harmer is not entitled to further accommodation under the ADA." A contrary affidavit from Harmer's doctor was not sufficient, according to the court, "to raise a genuine issue of fact given the doctor's lack of knowledge of Harmer's duties and working condi- tions." The court also rejected Harmer's claims that Virginia Power had retaliated against him after he requested a smoking ban. For purposes of decid'ingthe motion for summary judgment, the court assumed that Harmer was disabledl under the ADA. Thus, the court did not make that determination upon the merits of the case. The court also detailed the efforts undertaken by Virginia Power to accommodate Harmer's complaints about ETS. Beginning in 1990, the court said, Virginia Power provided employees with fans, smokeless ashtrays and air purifiers and moved employees to increase the space between smokers and nonsmokers. Virginia Power also prohibited smoking in common areas of the building in 1990; and thens in consideration of the EPA Risk Assessment, on ETS, restricted'smoking to separately- ventilated smoking rooms in 1993. The court deter- minedl that this voluntary change ini policy did not render the case moot. RESIDENTIAL EXPOSURE: CHILD CUSTODl' [21] Harkness v. Henderson (Family Court, Contra Costa County, California) (January hearing scheduled). According to a legal newspaper, a January hearing,is scheduled for a California woman's request to prevent her former husband from smoking in the presence of their two minor daughters, and the family court referee assigned to the case has requested information about the children's health and the allege&health effects of ETS exposure. The children's ages are 7' and 10.. The father„Steven Henderson, reportedly is litigating the issue actively. Henderson's lawyer frames the issue in terms of a parent's privacy, but the mother's lawyer says the primary issue is one of health. "[Henderson's] arguments suggest parents may do what they want with their children," the mother's lawyer is quoted as saying. "The civilized' portions of the Western world' discarded that theory in the last century." Henderson's smoking did not become an issue in the case until after the parents met with a family court 9 services evaluator, according to the article. The .nother, Sara Harkness, reportedly made no reference to smoking in her original motion to alter Henderson's visitation rights, which was filed earlier this year. The services evaluator recommended not only that Henderson~be prohibited from smoking in his children's presence, but that he also be ordered "to participate in appropriate treatment of tobacco addic- tion," the article states; The referee reponedly has ruled that ordering Henderson to enter a program to quit smoking would exceed her jurisdiction. ETS claims in child custody cases have become increasingly common since the release of EPA Risk Assessment on ETS, the article asserts: )ohn Ban¢.haf IIII of Action on Smoking and Health (ASH) i's quoted as claiming that ETS exposure is now "one of the standard things you look at" in custody determina- tions. The impact of the risk assessment is confirmed by the Contra County family court services evaluator involved in the Harkness case. He estimates that the issue of a parent's smoking came up once or twice in his first 7 1i/2 years on the job. "I bet it's come up half a dozeni times in the last year,"'he is quoted as say.ing. See The Recorder, September 20; 1993. GOVERNMENT BUILDING a'POSURE [22]I Crump v. Department of Hea[th and Human Services, No. 93-265 (U.S. Supreme Court) (certiorari denied October 4, 1993) The U.S. Supreme Court has denied a pro se petition for writ of certiorari filed by a man who sought to ban smoking in state and local government buildings in Virginia. Plaintiff Thomas Crump's claims allegedly arose out of an incident in a Virginia county court- house in November 1991, when he observed someone smoking in a posted nonsmoking area. Further details about the case and the lower court opinions appear ini issue 55 of this Report, September 10, 1993. PRISONER CASE [23] Rogers v. Romer, 93-CV-1876 (U.S. District Court, Denver, Colorado) (filed September 8, 1993). A Colorado prison inmate serving a life sentence has filed a pro se complaint against the Governor of

10. Colbrado and correctional facility officials, alleging that his Eighth ~ Amendment right to be free from cruel and unusual punishment was violate&when~he was forced to share a double cell!with, smoking inmates. Inmate Joseph Rogers claims that he was "knowingly placed in a life threatening living environment when he was forced to breath second hand cigarette smoke, a known carcinogen." Although hi's current cellmate reportedly is a non- smoker, Rogers is seeking an order restraining the defendants from placing him in a double-bunk cell with a smoking cell-mate, and an ord'er placing him in a single cell. He is also seeking punitive damagess against the defend'ants in the amount of $'165,000, and an~ injunctioni tolprevent retaliatory punishment. W O RKP L.AC E: I AQ/ H!AN D 1 cAP DISCRIMINATION [24] Heilweil v. Mount Sinai Nospita4 1993 WL 300026 (U.S. District Coun, Southern District, New York) (decided August 3, 1993) A U!S. District Court has determined that an em- ployee whose respiratory condition was allegedly exacerbated only by exposure to the poorly-ventilated air in her workplace was not a handicapped person under the Federal Rehabilitation Act. The employee, Donna H'eilweil, had been terminated from her position as adininistrator of the employer's blood bank. According to the court, when~she was not exposed to the air in the blood bank, she did not suffer respiratory problems. Stating that "[a]n impairment which onNy renders one unable to perform one particular job is not a handi- capped person with the meaning of the Act," the court ruledl that Heilweil's condition did not substantially limit one or more of her major life activities as required by the federal: statute. The court, in granting the employer's motion for summary judgment, also ruled that the state workers' compensation board had exclusive jurisdiction over H'eilweilis claim that her employer had breached'its common law duty to provid'e a safe workplace. ETS/IAQ REPORT, ISSUE 57 WORKPLACE: MULTIPLE CHEMICAL SENSITIMTY [25] Conradt v. Mt. Carmel Schoor; 1993 WL 361221 (Wisconsin Labor and Industry Review Commission) (decided August 13, 1993) A Wisconsin; workers' compensation~tribunal has rejected a.school teacher's claim~that exposure to moldy carpeting and chemical air fresheners caused her to suffer multiple chemirral sensitivity. Claimant Donna Conradt had alleged: that a nine-year roof leak causeddampness and mold to develop in her classroom's carpeting. Exposure to the mold, she alleged, caused an allergic reaction affecting her lungs, throat, ears, sinuses andl severe headaches. Although she was relocated to another~ classroom, the schooll placed chemical air fresheners throughout the building in August 11989: : Conradt claimed that this subsequeno exposure caused an occupation, injury as of February 11990, her last day of employment. The experts testifying in the case differed over whether Conradt, suffered a "sick building syndrome" or multiple chemical sensitivity injury. The commis- sion found that the exposures alleged were "so far removed in time" from the date of injury as to °lack suflicient credibility" to meet Conradt's burden under the Worker's Compensation Act. LEGAL ISSUES AND DEVELOPMENTS [26]I "Study Examines Opinions, Actions on Smok- ing Policy," BNA D'ailyr Labor Report, Septern- ber 23, 1993 A study oni the law and politics of smoking policy iss detailed in a chapter of a new book titled Smoking Policy: Law, Politics and Culture. The author of the study is Stephen Sugarman, a University of California at Berkeley law professor. The study analyzes various strategies utilized by employers and insurers to dis- courage smoking. It also covers the politics of smoking control and lawsuits against the tobacco industry by smokers. According to the authors of the study, "when employers and insurers discriminate against those who smoke outside of work, various privacy iosses are

OCTOBER' 8; 1993 incurred by smokers,... the social',,alue of individual- ized fair treatment is threatened, and the principles of collective responsibility may be violated in areas of American life where it has long held sway:" [27] "Environment Smoke Scream," T.H. Holt, The Washington Times, September 21, 1993 This commentary criticizes the EPA Risk Assessment on ETS and discusses some of the initiatives that have been taken by ASH in reliance on the risk assessment and the Americans with Disabilities Act. The author warns that the risk assessment will be used to support governmental intrusions into private homes. He states, "Nbnsmokers and smokers alike should be concerned about the EPA's cavalier pronouncements on ETS. If ETS is sufficient justification for the government to mount citizens"doorsteps, what other minor, politi- cally incorrect, social offenses might be the object of the Pest Class' next crusade? Fried foods? Alcohol, again? Belching?"' The author also notes that in the late 1800s when the Senate was asked to adopt a national ban on cigarettes, it refused to do so; saying it was ai matter of state regulation. The article concludes by expressing concern that the government will not similarly restrain itself this time aroun& The Washington Times printed a response to the Holt commentary by John Banzhaf, executive director of ASH. In his letter„ Banzhaf attempts to refute the criticisms made by H'olt of the ETS risk assessment. He also claims„"Dozens of nonsmokers have already won large court judgments and/or obtained court orders prohibiting,smoking in private homes, all prior to the release of the EPA's report." He concludes by offering to provide the evidence and legal decisions to support his claims to Holt or anyone who writes to ASH to request them. See The Washington Times; September 26, 1993. OTHER DEVELOPMENTS [28]I Restaurant Smoking Dispute Ends in Killing According to a press report, a smoker who was ordered to put out her cigarette after lighting one in 11 the nonsmoking section of a fast food restaurant returned to the restaurant with a 12-gauge shotgun and killed one of the patrons who had' complained about her smoking. The incident occurred' September, 28, 1993, at a Denny's restaurant in a San Francisco suburb. A suspect has been arrested; she is a 22-year-old mother of four. SceArsociated Press, September 30, 1993. [29] Coalition to Advance "Sound Science" Dr. Garrey Carruthers, former Governor of New Mexico and professor/economist at New Mexico State University, is creating a coalition of scientists, academi'- cians, former publicofficials, and representatives from business and industry who are concerned about the advancement of sound science. The coalition is call'ed' The Advancement of Sound! Science Coalition (TASSC), and its goal is to "advance the principles of science used to formulate public policy." Carruthers says he believes that public policy decisions are too often basedomemotions and beliefs considered by some to be "politically correct." [30]1 Washington, D.C., March Protests Bias Against Smokers The first national march to fight "tobacco-related discrimination" took place on September 25, 1993, in~ Washington, D.C. Speakers reponedlyquestioned'the accuracy of the studies used by EPA and used the names of the Rev: Martin Luther King„Jr.,,and Susan B. Anthony in urging the demonstrators to defeat "another form of tyranny." Forty-five adults and five children participated. See The Washington Post, Sep- tember 26, 1993. [31] Smokers Fly Freedom Air The founder of a new airline specifically designed for smokers flew 60 passengers from Chicago to Los Angeles on the inaugural run of Freedom Air. Non- smokers are reportedly allowed to book seats on Freedom Air, but they must sign a waiver saying they, will not sue over ETS exposure. Founder Ted HallB is making several trips to test the market before deciding whether or not to go ahead with regular service. See USA Todny, September 30, 1993. 20Z4702543.

12 MEDIA COVERAGE [32] "Where There's Smoke There's Fire: Law Firms Get Tough on Smoking," S. Taylor, Prentice Hall Law and Business, April 19, 1993 This article discusses eff'orts to limit employee exposure to ETS in law firms across the country. Surveys of approximately 25 law firms in 11989 and 1993 report- edly show that smoking policies are generally more restrictive presently and that two firms in the survey have banned smoking altogether. According to the executive director of one law firm, more employees are complaining about ETS since the EPA released' its Risk Assessment on ETS. The author of the article observes that it has been difficult for some firms to~force their senior partners and clients to stop smoking indoors. [33]~ "Bar and Restaurant Workers Demand Protec- tion from Secondhand Smoke," Business Wire, September 27, 1993 Stanton Glantz and three bartenders are demanding protection for California bar and restaurant workers from the alleged health effects of ETS exposure. The three bartenders are members of BREATH (Bar and Restaurant Employees Against Tobacco Hazards),,a group which educates bar and restaurant workers and the general public about ETS. Dr. Glantz apparently stated that business does not change when communities go 100 percent smoke free and that "all that happens is bar and restaurant employees have a significantly safer place to work." BREATH receives funds from Proposition 99, California's 1i988'Tobacco Tax Initiative. BREATH is active in seven Bay Area counties. SCIENTIFIC/TECHNICAL ITEMS UPCOMING SCIENTIFIC MEETINGS [341 Indoor Air Quality Symposium, American Industrial! Hygiene Conference and Exposition, Anaheim, California, May 22, 1994 An announcement and "call for notice of interest" is available for this one-day symposium on: IAQ, to be ETS/LAQ REPORT, ISSUE 57 held in conjunction with the American Industrial Hygiene Conference and Exposition. According,to the announcement, the symposium will include (i)' discus- sion of threshold limit values (TLVs) and IAQ guide- lines, (ii) the role of TLVs in identifying and resolving IAQ problems in office environments, and (iii) the question~of whether there are "grounds for justifying different guidelines and standards for IAQin industrial environments as opposed to office environments." The announcement did not indicate who would be the keynote speakers or presenters for the symposium. [351 Indoor Air Quality: An Overview for People Who Need to Know, the American Institute of Hazardous Materials Management (AIHMM); several' sites and dates in 1993 and' 1994' This one-day course is described! as covering the issues and methods needed for understanding and resolving IAQ problems, emphasizing "practical aspects of what is known and how to apply it to [a] situation." The course description~al'so states that IAQ "has become an increasing concern for both EPA and OSHA," and'that "OSHA has been treating workplace IAQ complaints as indicative of probable occupational' illnesses which must be reported'and resolved." The course will debut on October 23, 1993, in Santa Fe, New Mexico; other sites and dates are listed inAppendix B: LUNG CANCER [36) "Epidemiological Studies Relating Faltrily History of Lung Cancer to Risk of the Disease," P.N. Lee, Indoor Envrronment 2: 129-142, 1993 [See Appendix A] This review refers only briefly to ETS as a claimed lung cancer risk factor. The author concludes, based on a review of epidemiologic studies, that family history of lung,cancer is associated with a two-fold increased lung, cancer risk. He suggests that family history of lung cancer should be considered in designing and interpret- ing studies of "environmental factors" (including ETS exposure) and'lung cancer risk. 2024702544

OCTOBER 8, 1993 RESPIRATORY' DISEASES AND CONDITIONS - CHILDREN [37] "Road Traffic and Adverse Effects on Respira- tory Health in Children," M. Wjst, P. Reitmeir, S. Dold, A. Wulff, T. Nicolai, E.F. von Loeffetholz-Colberg, and E. von Mutius, British Medical Journal307: 596-600, 1993 [See Appendix A] The authors of this study examine road traffic, as a surrogate for outdoor pollution, in~Munich„Germany, with reference to pulmonary function and respiratory symptoms in children. They report a statistically significant decrease in peak flow rates associated with increases in automobile traffic. The authors note that the decrease was comparable to a decrease they had reported'elsewhere in a study of parental smoking and children's lung function. ETS EXPOSURE AND~ Pv1ONITORING [38] "Estimation of ETS Retention in Volunteers from Measurements of Exhaled Smoke Compo- sition," A. Black, J.J. McAughey, D.A. Knight, C.J. Dickens, and J.C. Strong, Proceedings of Indoor Air `93 3: 41-46, 1993 [See Appendix A] i In this study, the authors measuredl the deposition of UVPM, solanesol and nicotine in ten male volunteers exposed to ETS inian experimental chamber. They report good agreement, between the measurements for deposition, of solanesol and UVPM4 but indicate that nicotine deposition was substantially different. They concllyde that nicotine is not a representative marker of exposure to ETS particulates. [39]I "Measurement of Exposure to Environmental Tobacco Smoke in Pregnant Women Using Questionnaire, Personal Monitor and Urine Cotininc: A Problem in Exposure Monitoring," T.Z. O'Connor, B.P. Leaderer, T. Holford, and M.B. Bracken, Proceedings offndoorAir `933: 373-378 [See Appendix A] Three techniques for assessing ETS exposure are compared in this paper. The authors reporn no correla- 1i3 tion between, reported exposure, assessed by question- naire, and urinary cotinine. They report "fair" agree- ment between questionnaire responses and nicotine monitoring data. INDOOR AIR QUALITY [I40] "Environment and Well-Being Before and Following Smoking Ban in Office Buildings," I. Broder, C. Pilger, and P. Corey, Canadian Journal of Publrc Health 84(4): 254-258, 1993 [See Appendix A] This paper reports onioccupano-reported symptoms and measurements of indoor environmental quality before and after institution of a smoking ban. Changes occurred in occupants' perceptions of temperature and in symptom reporting. The authors describe the latter as ambiguoua. With regard to: IAQ measurements, CO; and VOCs were significantly decreased following the ban. [41] "The Pollutant Control Index: A New Method of Characterizing Ventilation in Commercial Buildings," W.J. Fisk, D. Faulkner, andA.T. Hodgson, Proceed'ings of Indoor Air `93 5: 9-14,. 1993 [See Appendix A] The authors of this paper introduce a new method for quantifying ventilation effectiveness in buildings. They propose using multiple emitters of tracer gas to simu- late an indoor pollutant source, whic6would be measured over time. [42] "Varying Ventilation Conditions to Provide a More Complete Assessment of Building HVAC Operation and Indoor Air Quality," R. Menzies, R.M. Tamblyn, F. Nunes,,J. Leduc, J. Pasztor, and R.T. Tarnblyn, Proceedings oflndoorArr '93 6: 551-556, 1993 [See Appendix A]I The authors of this study, in which ind'oor environ, mental conditions were assessed in four Montreal office buildings, report significant variations in measured parameters within individual'buildings. They suggest that such variations should be taken into consideration in estimations of occupant exposures.

14 [43] "The Effect of ETS and Other Combustion Products on the Indoor Concentration Levels of Radon Progeny and Activity Size Spectrum," L. Morawska and M. Jamriska, Proceedings of IndoorAir `23 4: 533-538; 1993 [See Appendix A] Based on the results of experimental chamber studies„ these authors, from an Australian~ University, report that the "unattached" fraction of radon progeny decreased in the presence of ETS. It has been suggested that a reduction in "unattached" radon progenycould result in a: reduction of rad'on dose to the lung. [44]I "Indoor Concentrations ofPolycyclic Aromatic Hydrocarbons in California Residences and Their Relationship to Combustion Source Use," L. Sheldon, A. Clayton, R. Perritt, D.A. Whitaker, and J. Keever, Proceedings ofIndoor Air '93 3: 29-34, 1993 [See Appendix A] Based on measurements conducted in northern~ California, this study concludes that smoking, fireplace use, woodburning stove use, and kerosene heater use are the "strongest indoor sources" of benzo(a)pyrene in indoor air. STATISTICS AND RISK ASSESSMENT [45] "Key Issues in Carcinogen Risk Assessment Guidelines, Society for Risk Analysis,"'E. Anderson, P.F. Deisler, D. McCallum, C: St. Hilaire, H.L. Spitzer, H. Strauss, J.D. Wilson, and R. Zimmerman,,RukAnalysis 13(4): 379- 382, 1993 [See Appendix A] I The Society for Risk Analysis held a workshop on cancer risk assessment under a cooperative agreement with the U.S. EPA and California EPA on December 4, 1992. Recommendations resulting from the work- shop are published in this article. Workshop partici- pants recommended that carcinogen classificationn should be part of the risk characterization stage of a risk assessment and should reflect all relevant informa- tion, and that more extensive use should~ be made of meta-analysis of human data, in addition to eight other recommendations. ETS/IAQ REPORT, ISSUE 57 [46] "An Enforceable Indoor Air Quality Standard for Environmental Tobacco Smoke in the Workplace," J.L. Repace and A.H. Lowrey, Risk Analysis 13(44)i 463-475, 1993 [See Appendix AJ This article claims to present new methodology for correlating nicotine measurements and lung cancer risk purportedly due to ETS exposure. See issue 56 of this Report, September 24, 1993; excerpts of the study are found in Appendix A of this issue. IN EUROPE & AROUND THE WORLD REGULATORY AND LEG] SLATIVE MATTER'S AUSTRALIA [47]I New Public Smoking Ban LikeNy in Canberra Press reports indicate the Canberra government iss expected to legislate smoke-free restaurants, bars and other enclosed public places within the next few months. Canberra's Health Minister has reportedly been pushing for the legislation for the last year. See Canberra Times, September 26, 1993, AUSTRIA [48] Compromise On Draft Tobacco Bill in Austria Austrian Health Minister Michael Ausserwinkler has reportedly introduced a compromise draft tobacco bill which would not require restaurants to designate no smoking areas as was earlier proposed. Also proposed in the compromise bill is a provision that would limit tobacco advertising. If passed, the new legislation would take effect on January 1, 1994. See SaLzburger Nachrichten, September 1'4', 1993.

OCTOBER 8, 1993 CAN ADA [49] Antismoking Bylaw is Passed in Durham Region Pickering, a Durham Region municipality, has reportedly passed a bylaw that, in September 1993 prohibits smoking in malls, beauty salons, service lineups, theatres, recreation centres and reception areas. Smoking,willlalso be restricted to 30 percent of the seating area in restaurants and 50 percent of the floor area of bingo halls and bowling alleys. The bylaw apparently follows the criteria set d'own by the region's health depanment,. Several other Durham municipali- ties are said to be considering public smoking bans. See Toronto Star, September 30, 1993. [50] Health Agencies Plan to Picket NDP Caucus Representatives of health agencies reportedly planned to demonstrate on September 22, 1993, at a New Democratic Party (NDP) Caucus meeting following,a reported leak of a NDP legislative priorities list that will purportedly recommend the Ontario Tobacco Acrt should not be introduced during,the remainder of the government's term. A spokesperson for the group was quoted as saying that passage of the act is "essential to help us reach: our regional goals of no sales to minors and smoke-free public and ~ workplaces." The Act has apparently been promised, and continually delayed„ by the government since the spring of 1991. See Canada NewsWire„ September 22, 1993. j,J~l17TED~ K.INGDO7+.t [51]I HEA Wants Teachers to Set Nonsmoking Example The H'ealth Education Authoriry(H'EA) has report- edly launched a campaign to persuade teachers to set an example for children by not smoking on schooli property. HEA hopes that schools will extend the smoking restrictions to school buildings and grounds, vehicles, out-of-school events, and outside users of the premises. A recent survey conducted for the HEA reportedly revealed that nearly three in five MPss advocated, a smoking,ban in schools and 38 percent said they would support special zones for smokers. However, ASH chairman Jerry Hayes stated that "a 15 ban would: cause more trouble and anxiety than it was worth" and that no-smoking arrangements should be voluntary. The National Union of Teachers apparently supports voluntary staffroom bans and possible "'speciali smoking rooms." See The Guardian, September 18, 1993. ETS-RELATED LITIGATION INVOLVING CIGARETTE MANUFACTURERS AUSTRALIA ['52] TIA v. Stephen Woodward (Supreme Court, Equity Division, New South Wales) (filed April 15, 1993; tried September 6-7, 1993)' Stephen Woodward has filed his "submissions" to the court following,trial in this Fair Trading Act action. Woodward's submissions argue that the statements he made were not made in the course of any business and therefore cannot constitute a violation of the Fair Trading Act which, according to Woodward, addresses conduct "in trade or commerce" that is misleading or deceptive. Woodward stares that his cond'uct as executive director of ASH~ was solely directed toward educating the communiryand legislators. Woodward also urges the court to consider the context M which his statements were made. He states that they were made in live interviews with imprecise language in the context of an "ongoing debate between adversaries;" He also denies that some of his state- ments were misleading or deceptive and he claims that} they were not made in permanent form~nor will they be repeated! as ASH is ceasing,operations and Woodward is leaving,the country for two years. The action was broughr by TIA on the basis of misleading statements allegedly made by Woodward about the judgment of the fullifed'eral court in AFCO v. T1A and the EPA Risk Assessment on ETS. Further details regarding the trial appear at issue 55 of this Report, September 10, 11993. The court gave both parties the opportunity to submit writtensummations before it reaches a decision in the case.

16 LEGAL ISSUES AND DEVELOPMENTS AUSTRALIA [53] Legal Publication Focuses on Tobacco Litigation The September 1993 issue of the Australian P'roduct Liability Reporter is devoted'to articles dealing with the most recent developments in litigation involving tobacco products. One of the articles, entitled "Work- place Exposure to Cigarette Smoke," claims that: workers have been successful M nine workers' compen- sation claims. The authors, attorneys with Maurice Blackburn & Co. in Melbourne„argue that knowledge by employers of the purported dangers of ETS expo- sure can be dated'to 1986 with the issuance of a report on ETS by the National'Health and Medical Research Council. The authors also refer to the EPA Risk Assessment on~ ETS. Another article, entitled "Passive Smoking and! F+amily Law," indicates that there are no reported cases in Australia yet regarding,the effect of ETS on child custody proceedings. The auchor observes, "Evidence of the effect of passive smoking on the welfare of a child will largely depend upon: (a) the medical condition of the child; (b) evidence of the effects of passive smoking upon people and especially children; (c)~ the extent of the smoking; and (d) the ages of the child'ren:" An article on ETS in prisons opens with a discussion of the U.S. case Helling v. ttilcKinney. The author argues that similar proceedings could be undertaken in Australia under related international standards and' state statutes. There are also articles involving disability discrimination daims and smoking on airlines. See Australian Product Liability Reporter, September 1993. CANADA ['54] Supreme Court Hears Argument on Application for IinjunctiWe Relief Ort October, 4, 1993, the Supreme Court of Canada heard arguments on the application of Imperial Tobacco Ltd. and RJR MacDonald I'nc. to suspend the cigarette labelling provisions of the Tobacco Products Control'Act while their challenge to the Act is on appeal. The warnings, which would include an ETSS warning, are scheduled to go into effect in 1994, and ETSJIAQ REPORT, ISSUE 57 the tobacco companies argue that it will cost them $30 million to redesign their packaging to conform to the Act. Although the high court has not yet decided whether it will take the appeal on~the merits of the case„the tobacco companies were reportedly planning to argue that the redesign costs will be wasted if the courr ultimately takes the case and rules against the Act. See The Vancouver Sun, September 25, 1993. UNITED KINGDOIti•:4 [55] Pubs Urged to Go Smoke Free Edinburgh.health officials are reportedly studying the question of whether pub owners are violating the Health and Safety at Work Act by exposing workers to ETS. The city's health director was quoted as say.ing that it's "generally accepted that there is a direct relationship between environmental tobacco smoke and ill health." He stated he plans to "seriously con- sider the question of health and safety at work inn relation to passive smoking." In response„bar owners say they will install ventilators but that smokers are a part of pub atmosphere. Currently, eight percent of Scotland's pubs are said to have designated smoking sections. See The lndependent, September 21, 1993. OTHER' DEVELOPMENTS CANADA [56] Nbrtherners Surveys on Smoking Restrictions The Northern Regional HealthiSurvey reportedly revealed that half the population surveyed thoughtt smoking should be banned in cafes and restaurants. The survey also apparently indicated that 40 percent of males aged 18-30 years smoked, compared with 28 percent of females. See Courier Ma,'4 September 29, 1993: KUWAIT [571 Smoking Banned in Radio and Television Station Press reports indicate that the Ministry of Informa- tion has banned smoking on the premises of Kuwait's radio and television station and that anyone caught

OCTOBER 8, 1993 smoking will be penalized by a deduction of five d'ays salary. See Al Watan;, September 22, 1993. SWEDEN [58] Researchers Claim More Women Suffer from "Sick Building Syndrome" Swedish researchers have reported that women are three times more likely than men to suffer from~ symptoms associated! with "sick building syndrome (SBS)." Dr. Bernt Stenberg, a researcher at Sweden's, University Hospital, said the reasons women report more symptoms lay with biological and social differ- ences between men andwomem He said that women lead more stressful lifestyles because they tend to take on more responsibilities than men. He stated that women have more active immune systems, which are more likely to.overreact, causing illnesses and allergies, and that women have drier eyes, mouth and mucus membranes, making them more susceptible to typical SBS symptoms. See The Age, September 28; 1993. UNITED KINGDOM [59]'Welsh Couple Told They Cannot Be Foster Family In October 1992 the British Agencies for Adoption and Fostering (BAAF) recommended that children up to the age of two, and those children suffering frorn respiratory problems, should not be place& in house- holds with smokers. Now, the agency has reportedly told a Welshi couple they can no longer serve as foster parents because they are obese. The couple have been fostering children for a reported four years and there have apparently beenn no complaints against them. The doctor who examined the couple in order to determine whether they were f t, to serve as foster parents stated that she had concerns about the health of the couple and the example being sen to the childl She also stated that there is a "profound psychological disorder commonly associated with obese people." See The Independent, October 1, 1993: [60]' ASH Provides "Breathing Space" Campaign Materials Action on Smoking and Health (ASH): has produced a packet, of materials for the Europe Against Cancer 17 Programme's Breathing Space campaign. The materials provide tips and'suggestions on approaching propri- etors of shops, banks and! restaurants to convince them to introduce smoke-free areas in their establishments. The pack also inclWdes campaigning ideas, publicity ideas,,"facts and figures" on ETS and "Breathing Space" calling cards to leave in "unpleasant smoky restaurants or pleasant smoke-free ones."' MEDIA COVERAGE AUSTRALIA [61]I, "Health Fascists Hide Behind Smokescreen," P. McGuinness, The Austral ian, September 22, 1993 This editorial discusses the recentAustralian court decision by a West Australian magi'strate that~ passive smoking is "not a proven threat" to healtht (Depart- ment of Occupatronal'Health and Safety v. Burswood Resort). The author, Padraic McGuinness, argues that anti-smoking forces in Australia have "disseminated the lie that the courts have accepted that passive smoking is harmful to health," basedorrtheAFCOdecision. IvleGuinness states that there is "no good reason for employers to ban smoking in the workplace." McGuinness argues that antismoking advocates are not honest about their motives, and should freely admit that, although it may be annoying or even offensive; it has not been proven to be harmful. He concludes thar. "it's simply incorrect to mi'suse occupational health considerations as a lever to prevent it." CANADA [62] "A Little Tolerance, Please," Nl Boyd', The Vancouver Sun, September 17, 1993 Neil'Boyd„a criminology pro{essor, at Simon Fraser University, writes about the "tobacco wars." He discusses the issue of ETS, stating than "the evidence is equivocal....Only about, half of the published studies with large population bases have been able to establish a statistically significant relationship between exposure to second-hand smoke and lung cancer." Boyd suggests that the data: is stronger and more consistent with regard to the allege&health efkcts of ETS on children. He recommends that ETS in front of chil'-

18 dren should be "denounced" and that in the workplace and' public buildings, it °should' be resisted" because it is an intrusive odor. He suggests that there also be room for tolerance, due to the alleged addictive properties of tobacco. Boyd also discusses the trend of economically penalizing the smoker, and he says thar. "the physical toll of a lifetime of consumption is probably sufficient punishment." UNITED K.INGDOhfi [631 "Who's Sleeping in Your Bed?," N. Hawkes, The Times,, September 21, 1993 This article discusses the danger allegedl~, posed to: human health by;dlrsr mites. According to the author~, doctors apparently believe that "a large proportioni of allergic diseases, including asthma, eczema, and rhinitis, are caused by the mites, or~ rather~ by their droppings." The author also reports that there is evidence that particles in ETS and dieset exhausts may activate antibodies that produce a strong allergic reaction when exposed to mite droppings. The article concludes with advice on how to reduce indoor concentrations of d'uso mites. ETS/IAQ REPORT, ISSUE 57 ~

OCTOBER 8, 1993 APPENDIX A The numbers assigned to the following article summaries correspond with the numbers assigned to the synopses of the articles in the text of this Report. LUNG CANCER [36] "Epidemiological Studies Relating Family History of Lung Cancer to Risk of the Disease," P.N. Lee, Indoor Environment 2: 129-142, 1993 "In the Western world, though seemingly not in many poorer countries, the risk of developing lung cancer as a consequence to [sic] indoor air pollution is, at most, low. Attempts to detect and quantify such risks require the accurate determination of exposure and disease status and avoidance of the various sources of bias to whichi so: many studies are subject. Because there is no method currently available to determine whether a specificlung cancer has arisen from a: particular exposure, it is important to be aware of, and control for, other variables that are known, to influence lung cancer risk. Exposures clkimed'to result in lung cancer include smoking„environmental tobacco smoke (ETS)', various occupationallchemicals; asbestos, the progeny of radon, and even d'omestic bird keeping." "Apart from environmental causes, it is of course likely there willl be genetic variation 1 in susceptibility to disease. The present paper investigates this possibility by reviewing the epidemiological evidence of family history of lung cancer as a risk factor for the disease." "[;R]eference has been made to 13 case-control studiess which have provided some information on~the risk of lung cancer in relation to family history of lung cancer."' "Although insufficient details are given in the studies to allow accurate meta-analysis, it is evident that, at least in Western populations, there is a highly signifi- cant relationship between family history of lung cancer and risk of lung cancer. Thus, while no association was seen in the studies by Gao et al. and Tsugane et al. (conducted in China and Japan), a consistent positive relationship was seen in the other I 1 studies (con- ducted in the US, UK or Canada), with relative risk estimates of 1.28; 1.8, 1.9, 1.99, about 2, 2.02, 2.28, 2.35, 2.4, about 2.6, and 5.31; 7 of which were statistically significant." A- I "There is an approximate doubling of risk of lung cancer in relation~ to having,a relative with lung cancer that does not seem to be explicable in terms of con- founding effects of age, smoking habits, family size or other variables. The association has been seen in studies where recall bias can probably be ruled out as an explanation. The association does not seem to be specific to any type of relative or type of lung cancer." "It seems likely that this association reflects differ- ences in~ lung cancer risk between genotypes. If so, the differences in risk between genotypes will be much larger than the 2-fold factor~ observed, since risk associated with family history markedly underestimates risk associated with a particular genorype. It would' be prudent to consider the possibility of family history of lung cancer in the design or interpretation of epidemio- logical studies on environmental factors and lung,cancer." IZESPIRATORI' DILSEASES AND CONDD ITIONS - CHILDREN [37] "Road Traffic and Adverse Effects on Respira- tory Health in Children," M. Wjst, P. Reitmeir, S. Dold, A. Wulff, T. Nicolai, E.F. von Loeffelholz-Colberg, and E. von Mutius, British MedicalJournal307: 596-600, 1993 "Objectives - To examine whether road traffic in a big city has a direct effect on pullmonary, function and respiratory symptoms in children." "Main outcome measures - Variables of pulmonary function by forced expiration and respiratory symp- toms reported in a questionnaire; census data on car traffic collected in the school district." "Multiple regression analysis of peak expiratory flow showed a significant decrease of 0.71% (95%o confi~ dence interval 1'.08°ro to 0.33%) per increase of 25000 ~i cars daily passing through~the school district on the 'r main road. Maximum expiratory flow when~ 25% vital ~ capacity had been expiredwas decreased by 0.68% (1.1 I% to 0.25%).... The adjusted odds ratio for the cumulative prevalence of recurrent wheezing with the same exposure was 1.08 (1.01 to 1.16). Cumulative prevalence of recurrent dyspnoea was increased, with

A-2 an odds ratio of 1.10 (1.00 to 1.20). Lifetime preva- lence of asthma (odds ratio 1.04; 0:89 to 11.2I ) and recurrent bronchitis (1.05; 0.98 to 1.12) were not significantly increased." "To determine the effect of road traffic the natural logarithm (in) of the pulmonary function value was mod'elled'with, parental history of asthma, In (height), ln (weight); month of examination, compliance with test, number of cigarettes smoked at home daily, and, indoor use of gas or coal for cooking or heating. School education of parents served as indicator of socioeco- nomic state." "Multiple logistic regression was used to estimate the effect of the traffic count on respiratory symptoms while the effects of parental history of asthma, parental school ed'ucation, number of people in household's use of gas or coa11 for cooking or heating, month of survey, number of cigarettes smoked at home, and who com- pleted'the questionnaire were controlled for. These confounders have beenidescribed as relevant in a comparable setting." "Our decrease in peak flow rates is comparable with the effect of passive smoking in the same populationn studied by Dold et al, in,which the peak flow of children with parents who smoked was decreased by 2.5% (1.3% to 3'.8%, [reportedly statistically signifi- cant]) compared'with, children, with parents who did not smoke." ETS EXPOSURE AND MONITORING [38] "Estimation of ETS Retention in Volunteers from Measurements of Exhaled Smoke Composi- tion," A. Black, J.J. McAughey, D.A. Knight, C.J. Dickens, and J.C. Strong, Proceed'ings of Indoor Air `93 3: 41-46, 1993 "[E]xposure to environmental tobacco smoke (ETSY is only one of many factors which, affect the deposition, and hence dose, of these smoke components. One of the most important of these additional factors is the degree of deposition of ETS particulates relative to other more volatile ETS components.... The principal objective of the work described here has been to enlarge this limited database of the proportionlofthe inhaled ETS/IAQ REPORT, ISSUE 57 particulate phase of environmental tobacco smoke (ETS)'which is retained by non-smokers, by carrying out, measurements of deposition of particulate material from aged and diluted'sidestream smoke in ten male volunteers. This has been carried out by measurement of inhaled and exhaled components of ETS, with calculation of their deposition by difference. The components of the smoke aerosol measured were nicotine, UVPM, and solanesol...Exposures of alll subjects were carried out at two concentration levels of ETS, equivalent to mean and maximum values re- ported from environmental surveys." "Results for deposition of ETS particulates in the male volunteers are consistent for both high and low level exposures with a mean deposition fraction of approximately 40%. This is higher than previous assumptions made for particulate deposition." "At high level exposure levels, mean deposition fractions for solanesol of 40% were observedl Thus, the solanesol deposition, value for male volunteers is in excellent agreement with, the UVPM values. No solanesol results have been reported from the low lev.el exposure data." "Nicotine deposition, was significantly different from particulate deposition, with caltulared fractional deposition values of 70-80%." "These data conf rm that nicotine retention estimates do not offer a representative measure of ETS exposure.... It, canial'so be noted that, the relationship between nicotine and particulate deposition for ETS differs from [that] of mainstream smoke. This study confirms that risk estimates for exposure to ETS must consider the physical form of the exposure and how these can affect dosimetry." " ~ Measurement of Exposure to Environmental [39] ~ Tobacco Smoke in Pregnant Women Using Questionnaire, Personal Monitor and Urine Cotinine: A Problem in Exposure Monitoring," ~ ' ~ T.Z. O Connor, B.P. Leaderer, T. Holford, and ~ M.B, Bracken, I'roc«dings of Indoor Arr '93 3: 'v1 373-378 "Three methods of assessing ETS exposure are availkble - questionnaire, air monitor (personal and! microenvironmental), and' urine cotinine.... The question is often asked which is the most useful and N

n OCTOBER 8, 1993 accurate exposure measurement. In a large epid'emio- logicallstudyofETS exposure in pregnant women we used the three measurement methods and here present a view of their usefulness." "The level'of air nicotine concentration was signifi- cantly higher in those reporting exposure compared to those reporting no exposure. The level of urine cotinine did not differ, for the exposed and nonexposed." "Of those reporting exposure, 32% reported exposure ar home, 25% at, work, and 74% on social occasions.... [W)hile not significantly different, the mean average daily number of cigarettes to which subjects were exposed at work was more than twice the number to which they were exposed at home." "Agreement between the questionnaire and monitor for classifying a subject as exposed was 'fair,' with, 36% misclassification." "The subjects in this study were pred'ominantly white, middle class pregnant women and'y as such, the low levels of exposure experienced by them are atypical. These low levels are not representative of other SES groups or of exposures experienced by women in countries where there are fewer regulations limiting smoking,in public and in the workplace. In this sample of pregnant women, there was better agreement between the air monitor and questionnaire than between urine cotinine and questionnaire. However agreement was only `fair' and there was 36% misclassification when exposure as determined by questionnaire was compared to exposure as determined by the monitor. Due to the difficullty of accurately estimating exposure to ETS by questionnaires, model- ling of ambient air nicotine from self-reported exposure data may not be practical. Questionnaires are needed to determine time-activity patterns, important expo- sure locations, and broad exposure categories. As smoking regulations increase at the work site, residen- tial, social and recreational exposures will become more important. The amount of misclassification associated' with questionnaires must be considered when estimates are made of risks for adverse pregnancy outcomes associated with exposure to passive smoking." A, 3 INDOOR AIR QUALITY' [40] "Environment and Well-Being Before and Following Smoking Ban in OfPice Buildings," I. Broder, C. Pilger, and P. Corey, Canadian Journal o}'Public Health 84(4): 254-258, 1993 "The purpose of the following study was to further explore the possible adverse effects of ETS in office buildings, before and after the introduction of a smoking ban." "The mean~cotinine levellis 6.54 ng/ml M the first survey and 4.98 ng/ml M the second, but thi's change is not statistically signif cant." "The level of light, glare and noise is considered to be satisfactory by a majority of workers at the first survey, and that of air movement and freshness unsatisfactory. The perception of humidity, odour and temperature are [sic]' approximately balanced between favourable and unfavourable. At the second~ survey, there is a significant change onl}' in the perception of temperature" "Generally, the temperature, CO, CO, and particu- lates levels are within accepted levels. The humidity levels are low. The mean level'of ionizable substances (likely volatile organic compounds) is at the upper end of the accepted range. There is significant reduction in: ionizable substances, temperature and'carbon dioxide at the second survey:" "The small decrease in questionnaire symptom, reporting observed at the second survey may be related' to.the introduction of the smoking ban, or may be a consequence of surveying the same population a! second~ time." "The combustion of tobacco is knowni to gcnerate volatile organic compounds. Accordingliy, there is some credibility to the decreased level of ionizable substances found~at the second survey....We found a significant decrease in the questionnaire reporting of eye irritation and1eadache at work in the second survey: Although a connection with the lower levels of volatile organic compounds is plausible, the alternative attribution of this decrease to a second administration of the ques- tionnaire cannot be excluded."'

A-4 [41] "The Pollutant Control Index: A New Method of Characterizing Ventilation in Commercial Build'- ings," W.J. Fisk, D. Faulkner, and A.T. Hodgson,. Proceedings of IndoorArr `93 5: 9-14, 1993 "[W]e introduce the local and global'pollutant control indices (PCI). These parameters quantify the effectiveness of ventilation in controlling the concen- trations of a simulated indoor-generated air pollutant. In the proposed measurement procedure, an indoor pollutant source is simulated'by deploying multiple passive emitters of tracer gas throughout the building. Using a programmable sampler, time-average tracer gas concentrations are determined during occupancy periods near locations where occupants breathe."' "Practical techniques of ineasuring the quantiry of ventilation in commercial buildings over extended time periods are clearly needed. In, response to this need; this paper introduces a simple new concept for characterizing effective ventilation rates in buildings and describes the measurement technique under investigation." "The advantages of this measurement technique, compared to the traditional measurements of normal- ized outside air flow rates, are numerous. Valid mea- surements do not depend on stable air flow rates, perfect mixing,of the indoor air, a known or stable occupancy, or a small rate of air infiltration or exfiltration. The PCI can be measured for an extended period' of occupancy (e.g., a fortyy hour work week). If the building ventilation system is shut down at night,, the measured PCI, values incorporate the impact of the reduced night-time ventilation on pollutant, exposure during the period of occupancy. The users of the tracer sources and samplers do not need to be experts in tracer gas techniques or experts in building ventilation. Finally, the labor required to measure PCIs is less than that, associated with the performance of tracer gas stepups and decays." [42]' "Varying Ventilation Conditions to Provide a More Complete Assessment of Building H'VAC Operation and Indoor Air Quality," R. Menzies, R.M. Tamblyn, F. Nunes, J. Leduc, J. Pasztor, and R.T. Tamblyn, Proceedings oflndoorAir '93 6: 551-556, 1993 "Failure to account for spatial or temporal variation in the characterization of workers' contaminant ETS/IAQ REPORT, ISSUE 57 exposures may lead to random misclassification of exposure, tending to reduce the likelihood of finding, any association,...We have analyzed the effect of building, floor, and worksite factors, as well'as changes in outdoor air supply, on changes in~ indoor contami- nant levels." "Outdoor temperature and humidity affected indoor humidity, while changes in COZ,reflected...changes in outdoor air supply. On the other hand the majority of the variation,of formaldehyde, CO, and'NOZ was attributable to the buildings, while the majority of the variability of TVOCs, duso, fungi, temperature, andl air velocity was associated with floor and site. This would indicate that there were significant differences between buildings in levels of formald'ehyde, CO, and NO,, and important differences in the exposures of workers in the same buildings to TVOCs, dust, fungi" , tempera- ture, and air velocity." "The data from this study demonstrates [sic] that there is significant variability of contaminant concen- trations within buildings, related to outdoor~ condi~ tions, outdoor air supply, and local conditions. As well': there were significant differences between buildings in the concentrations of certain contaminants„and the changes in contaminant concentrations with outdoor air supply.""The strengths of this study are that a large number of measures were made, while ventilation conditions were varied to stimulate seasonal changes in outdoor air supply. The study was conducted in four air- conditioned mechanically ventilated high-rise office towers with sealed'windows, building characteristics considered typical for problems of SBS." "On the other hand, given the differences between buildings in contaminant levels, and response to changes in outdoor air supply, inferences from this study are limited because only four buildings were studied. As well; in view of tlie variability in contami'- nant concentrations between sites and floors, measure- ment at only 1-3 sites per flbor may not have been adequate to fully characterize these contaminants." "[I]n view of the variability of these measures, between sites and flbors, within the same buildings, in this study, it is evident that characterization of manyy worksites is important to avoid misclassification of exposures."

OCTOBER 8, 1993 [431 "The Effect of ETS and Other Combustion Products on the Indoor Concentration Levels of Radon Progeny and Activity Size Spectrum," L. Morawska and M. Jamriska, Proceedings oflndoor Air `93 4: 533-538, 1993 "It has been recognised that the radiological healthh hazard due to inhalation of airborne radon progeny depends not only on the total concentration level of the progeny, but also on~ the activity size spectrum. The aim of this work was to measure the activity size distribution in~ an indoor environment of controlled' radon concentra- tion and controlled relative humidity in the presence of ETS, petroll smoke and kerosene." "From~the point of view of the radiological! health hazard's the key issue is the form in which the progeny exists in the air: in the unattached form, or attached to the environmental aerosol particles. The most important factors which affect interaction between radon progeny and environmental aerosols are concentration of radon, concentration and size distribution of environmental aerosol, nature of the aerosol, presence of trace gases and relative humidity." "After introd'ucing the aerosol, the progeny concentra- tion always increased and didl not fllictuate significantdy....Introd''uction of aerosol to the chamber (cigarette smoke, etc) results in establishing equilibrium conditions in the chamber„which is not affected by fluctuation of the aerosol' concentration." "For all the measurements size distributionwas found to be bimodal with the smaller fraction (or `unattached' fraction) always below TO'nm....There is no dependence between the unattached fraction and radon concentra- tion when~ only natural environmentall aerosol is present in the chamber. Change in~ the environmental condition can significantly affect the unattached fraction (and the size distribution in general)l as it was experienced during, the measurements. When cigarette smoke is present in the chamber, unattached fraction decreases with increas- ing radon concentration." [441 "Indoor Concentrations of PolyryclicAromatic Hydrocarbons in California Residences and Their Relationship to Combustion Source Use," L. Sheldon, A. Clayton, R. Perritt, D.A. Whitaker, and J. Keever, Proceedings of Indoor Air '93 3: 29-34, 1993 "Polynuclear aromatic hydrocarbons (PAHs) are semivolatile organic chemicals that are formed during A-5 the combustion process. Important indoor sources for PAHs include smoking, woodburning, gas heating, and cooking or grilling of foods. Major outdoor sources include automobile exhaust and smoke from woodburning sources." "The study reported here extends the available information by evaluating the effects of combustion sources on PAH air concentrations in a large sample in northern California that represents homes with specific combustion source use. This paper summarizes air concentration ~ and source strength data generated for benzo[a]pyrene (BaP)." "These data show several interesting trends. First, homes with smoking, fireplace use and woodstove use had higher, indoor air concentrations, indoor/outdoor concentration ratios, and calculated source strengths for BaP than control homes. Homes with gas heat did not show elevated BaP concentrations compared to the control category. Highest values for indoor concentra- tion, concentration ratios and SS were seen for, homes with smoking both with and without fireplace use.... [O]utdoor air may provide a substantial BaP source for indoor air polltltion.... [IF]or outdoor air, homes with woodburning appeared to have elevated' BaP concentrations compared to homes without." STATISTICS AND RIS1: ASSESSMENT [45], "Key Issues in Carcinogen Risk Assessment Guidelines, Society for Risk Analysis," E. Anderson, P.F. Deisler, D. McCallum, C. St. Hilaire, H.L. Spitzer, H. Strauss, J.D. Wilson, and R. Zimmerman, RukAnalysis 13(4): 379- 382, 1993 ~ "On December 4, 1992, the Society for Risk Analysis ~ (SRA) held a workshop - under a cooperative agree- ~ ment with the U.S. Environmental' Protection Agency (U.S. EPA) and the California Environmental Protec- ~ tion Agency (Cal-EPA) - to examine three issues in cancer risk assessment: ~ ar'~ Improvement of risk characterization. ~ Use of meta-analysis. Use of biological data in qualitative and quantitative risk assessments."

A-6 "Recommendations" "1. Begin the risk assessment process by identifying what information t6e risk manager needs to make a risk management decision and to help other under- stand that decision." "2. Consider mechanism of action information early in the hazard assessment." "3. Draw conclusions only during the risk character- ization stage; use the hazard identification, dose- response assessment, and exposure assessment for evaluation only. The various 'steps' in the risk assess- ment process form an~integrated whole. Premature summaries...can inhibit the interactive assessment necessary for characterization and distort the results." "4. The risk assessment should include a best estimate based on the totality of the available data and the uncertainty in the data and its quality. This estimate should! describe the likelihoo& that different values within the range of uncertainty represent measurable effects.... IvYore scientifically and! statistically defensible approaches would be the use of a`best"estimate that considers all the data andidata uncertainties and provides a distribution of scientifically plausible vallies." "5: Make uncertainty explicit in every stage of the ri'sk assessment process." "6. Develop a technique to make transparent the expert judgments that influence the risk assessment and the overall degree of confidence in the assessment." "7. Carcinogens should be classified'during,the risk characterization stage using a new classification system with a small! number of clearly defined terms. Classifi• cation should be part of risk characterization (instead of hazar& identification), and it should reflect all'the relevant information in the risk assessment (i.e., it should be information rich rather than essentially a vote-counting" approach that relies solely on the number of positive studies found in the literature)."' "8. The risk characterization should include a concise narrative that clearly describes, in qualitative terms, the expected harm to humans at likely human exposures." "9. More extensive use should' be made of appropri- ately conducted meta-analyses of human data for risk assessment.... [M]eta-analyses can result in inaccurate conclusions if they are not properly conducted. A ETS/IAQ REPORT, ISSUE 57 properly conducted meta-analysis should begin with developmennofa protocol that describes the criteria to be used for identifying and' including studies (both published and nonpublished), methods to be used for evaluating,and incorporating study quality, heterogene- ity, subgroup analysis, and other relevant factors." "10. Consider assigning a`reasonable worst case' default value when insufficient information is available to assess the safety of a chemicall" "The U.S. EPA's use of science advisory bodies too provide public peer review is exemplary, although it has been suggested that the openness of that review process to public input can be improved." [46) "An Enforceable Indoor Air Quality Standard for Environmental Tobacco Smoke in the Workplace," J.L. Repace and A.H. Lowrey, Risk Analysis 13(4)t 463-475, 1993 "[W]orkplace smoking policies to restrict nonsmok- ers' exposure to ETS are being increasingly mandated by legislatures, considered by regulatory agencies, or voluntarily adopted'by business. However„workplace smoking policies short of bans may reduce, but d'o not eliminate, nonsmokers' exposures. Accordingly,, there is a need for an enforceable indoor air quality standard for ETS„ so that regulators may quantify the risks in an)' indoor airshed. With such a standard, any residual ETS exposure after imposition of controlk can be evaluated as 'acceptable' or 'unacceptable,' relative to established regulatory criteria for risk from exposure to environmental carcinogens." "In 1985, Repace and Lowrey proposed a health- based indoor air quality standard based' upon respirable suspended particulate (RSP)~air pollution from ETS....Newly available data now permit development of a method to use ETS nicotine levels as a quantitative surrogate for the carcinogenic risk of ETS in individual workplaces, and for deriving a legally enforceable health-based indoor air quality standard for ETS, usable by federal and' state regulatory agencies." "In creating an enforceable indoor air quality stan- dard'for the workplace carcinogen ETS, the fundamen- tal problem to be solbed is to develop a modetcorrelat- ing levels of substances uniquely associated with ETS exposure (nicotine and its metabolite, cotinine)', and highly correlated4ith number of cigarettes smoked;

OCTOBER 8, 1993 and hence with the lung cancer risk caused by ETS. To accomplish this, we modifyour previously developed model relating the lung cancer risk from ETS exposure to the nonsmoking population's exposure to ETS- associated respirable suspende6 particulate (RSP),... [N] icotine and cotinine, which are the best available markers for ETS exposure and! dose„therefore also serve as the most suitable markers for the carcino- genic effect of ETS, despite their own apparent lack of carcinogenic activity." "Several U.S. federal regulatory agencies promulgate regulations and stand'ard's to protect the public from exposure to environmental carcinogens. It is of interest to inquire as to what levels of population cancer risk typically trigger regulation„what levels are beneath regulatory concern, and~ how consistently are they applied among various federal agencies.... Travis eralt describe two technical risk assessment terms: de manifestis risks and de minimis risk. A de manifestis risk is literally 'a risk of obvious or evident concern,' and has its roots in the legal definition of an 'obvious risk' (i.e., one recognized instantly by a person~of ordinary intelligence). De manifestis risks are those that are so high that U'.S. federal regulatoryy agencies almost always acted to reduce them, and de minimis risks are so loww that agencies almost never acted to reduce them. For~ various reasons, risks falling in between these extremes were regulated in~some cases but not in others, how- ever,, residual risks after controll are generally de minimis. Travis et al. found when the population at risk was large, as with ETS, de manifestis risk corre- sponded to 3' x 10-', and d'e minimis risk was I x 10-'." "How does the risk from ETS compare with the federal de manifestis risk level? Using,the available date for late 19805 cotinine concentrations in nonsmokers' body fluids, we have estimated''the aggregate popula- tion risk from ETS at [approximately] 12 to 3 x 1i0-;' (consistent with estimates made using other methods) ; an order of magnitude above the & manifestu risk level." "Another way of understanding the import of such risk probabilities is to multiply the aggregate risk by the population ar risk (in the case of lung cancer, non- smokers aged'> 35 years) in order to estimate the annual mortality. In 1990, there were [approximateHy]! 50.7 million lifelong nonsmokers and [approximately] 34.6 million ex-smokers in this population category. A 2 to 3 x 10-3 lifetime risk (assuming 40 years' exposure to the working population) corresponds to 2 5 to 7:5 x A-7 10-5 an nual risk, and when applied to the nonsmoking population of 85.4 million nonsmokers at risk pro- duces [approximately] I4000-6000 lung cancer deaths (LCDs) per year, consistent with the risk estimates of 5000 ± 2500 LCDs per year, adjusted to 1988, pro- duced by other methods. By comparison, the U.S. Environmental! Protection Agency has strictly regulated! as Hazardous Air Pollutants under Section 112 of the C1ean Air Act, airborne human carcinogens involving far lower numbers of estimated deaths, such as benzene (<8 cancer deaths per year) (CDs/year) arsenic (<5 CDs/year)~ vinyl chloride (<27 CDs/year) (all EPA estimates before control an&at the 95% upper confi- dence limi't). In~ contrast, de minimis exposure of the entire nonsmoking population at risk-for a working lifetime of 40 years„would result in <_2 LCDs/year." "In summary, based upon the available information on current ETS nicotine exposure levels...and the nicotine-risk model presented here, it appears that the risks to white collar, blue collar, and service workerss from ETS in many workplaces considerably exceed the dr manifestis level which triggers strict federali regula- tion of carcinogens. Control of nonsmokers' ETS exposure to levels of de minimis risk using methods short of complete elimination of smoking in the workplace does not appear likel v- particularly if the additional risk of heart disease mortality from ETS is considered." "For atmospheric nicotine in the workplace, the de minimis or 'acceptable' lifetime risk level of I lun£ cancer death per million nonsmokers at risk occurs at 7.5 nanograms per cubic meter (8-hr time-weightedl average.) For cotinine in body fluid's, d'r minimis risk occurs at a daily average leveliof 2.6 picograms of cotinine per milliliter of urine excreted, or at a level of 0.4 picograms of plasma cotinine. De manifestis risk occurs at a 2.3 micrograms per cubic meter of work- place air, 8-hr time weighted average (TWA). For cotinine in body fluids, de manifestis risk occurs at 0! 8' nanograms of cotinine per milliliter of urine, or 0! 12 nanograms of cotinine per milliliter of plasma." "We estimate the median 1980s U!S. lung cancei population risk from passive smoking to be about 2 X 10-', and estimate that the most heavily exposed nonsmokers have a lifetime lung cancer risk from ETS of about 2%."

OCTOBER 8, 1993 B-i APPENDIX B UPCOMING SCIENTIFIC MEETINGS • October 23, 1993 I'nd'oor Air Quality: An~ Overview for~ People Who. Need! to Know, AIHHM, Santa Fe, New Mexico [InThis Issue] Same program to be held December 15s 1993, San Antonio, Texas; March 4, 1994, Orlando, Florida; Apri1113, 1994, Minneapolis, Minnesota; May 5, 1994, Chicago, Illinois; June 17, 1994, Oklahoma Ciry; Oklahoma; July 14, 1994„Anchorage, Alaska • November 7-10, 1993 Indoor Air Quality '93: Operating and Maintain- ing Buildings for Health, Comfort and~ Productiv- ity, ASHRAE, Philadelphia, Pennsylvania! [Issue 49, Item 34] • November 11-13, 1993 Contemporary Concepts of Ilndoor Air Quality, H'acettepe University, Anltara„Turkey [Issue 49, Item 36] • December 16-17, 1993 The Nationall Environmental Tobacco Smoke Conference:: Public Battles, Private Choices, IAQ Publications, Washington„D.C: [Issue 55; Item 341 • May 5-7, 1994 Second Annual IAQ Conference and Exposition, NCIAQ, Tampa, Florida [Issue 49; Item 35) • May 22, 1994' Indoor Air Quality Symposium„American Indus- trial! Hygiene Conference and Exposition, Anaheim,. California [In Thi's Issue] • October 18-20, 1994 Ind'oor Air Quality in Asia; Beijing, China [Issue 54, Item 42]

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