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SHOOK, HARDY& BACON REPORT ON RECENT ETS AND IAQ DEVELOPMENTS November 19, 1993 N ~ tv A ~ J ?L . SHB c~

REPORT ON RECENT ETS AND IAQ DEVELOPMENTS - IN THIS ISSUE - IN THE UNITED STATES REGULATORY AND LEGISLATIVE ISSUES • Traficant bill to ban smoking in federal buildings passes the House, p. 1. • Hearings on risk assessment are held in House subcommittee, p. 1. • Joseph Dear is confirmed as new Assistant Secretary of Labor in charge of OSHA, p. 2. • Cal OSHA prepares policy directive for IAQ inspections, p. 3. Special Report beginning on page 5 focuses on regulatory and legislative activity in California, Florida, Maryland'and Washington states. ETS LITIGATION AGAINST CIGARE'ITE MAL'UFACTURERS. • Case filed in Louisiana with ETS allegation, p. 8. • Senior company executive depositions continue in Broin, p. 8. ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS • Two actions are filed under the ADA, p. 9. • Court temporarily removes asthmatic child from custody of smoking parent, p. 9.. LEGAL ISSUES AND DEVELOPMENTS • "Going for Smoke: AG aims to Ban Lighting up at Some Fast-Food Eateries," p. 11. • Daynard publishes another article on ETS and litigation in Trial magazine, p. 11. ISSUE 60 OTHER DEVELOPMENTS/MEDIA COVERAGE • A Hardee's fast-food'restaurant rescind's its smoking ban, p. 11. SCIENTIFIC/TECHNICAL ITEMS • Additional details on the National Environ- mental Tobacco Smoke Conference, p. 12. • Three new studies relating to ETS and childhood respiratory conditions, p. 14. • "A Tobacco-Specific Lung Carcinogen in the Urine of Men Exposed to Cigarette Smoke," p. 15. • "Preliminary Assessment of Designated Smoking Areas for Nonsmoker Exposure to Environmental Tobacco Smoke," p. 15. IN EUROPE & AROUND THE WORLD REGULATORY'AND LEGISLATIVE MATTERS • EC Council addresses smoking in its Safety and! Health Directive, p. 16. • France: one year after public smoking law enacted, p: 16. LEGAL ISSUES AND DEVELOPMENTS • Who Bentfirt from WHO? p. 17. OTHER DEVELOPMENTS/MEDIA COVERAGE • 1994 Winter Olympics in Norway are declared smoke free, p. 17. • United Nations bans smoking in all its facilities, p. 18. •"Canadian Navy Butts Out," p. 18.

- TABLE OF CONTENTS - Issue 60 November 19, 1993 INTHE UNI TED STATES REGULATORY AND LEGISLATIVE MATTERS 103D CONGRESS [I] TraficanrBill'on Smoking in Federal Buildings,Passes House ................................................. 11 [2] I-lousrSubcommittee Holds Hearings on Risk Assessment Assumptions ................................. 11 [3]. EPA Cabinet Status Legislation Introduced in House .............................................................. 2 U.S. OCCUPATIONAL SAFETY AND HEALTH.ADMINISTRATION (C7SHA)! [4] [51 [G] [7] Joseph Dear Confirmed as Assistant Secretary of'Labor in Charge of OSHA, ........................... 2 OSHA Drops Participation in lntcragency Committees on Smoking and Risk Assessment ..... 3 California OSHA Prepares Policy Directive for IAQInspections ............................................ 3 Occupational Health Groups Call For Federal Regulation of Workplace Smoking ................. 3 U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) ~ [8] I Browner Names New Chair of Science Advisory Board ........................................................... 3 [9]1 £TS Risk'Asscssmcnt Litigation: EPA Files Response to Pl~inriffs' Motiomfor Leave to File Sur-reply Brief and Joins Request for Oral Argument on Motion to Dismiss .......................... 3 [l0] CarperIndustry Launches Information Program ................................................................••••.4 ASHRAE [I11] Committee Makes Progress on Ventilation Standerd............................................................... 4 WHITE HOUSE [I12] Clinton Cigarette Tax Hike Proposal Provokes Varied Reaction ............................................. 4 U.S. GENERAL SERVICES ADMINISTRATION (GSA)• [13] Notice Given of Potential Change to Smoking Policy ............................................................. 5 STATE AND T.OCAL GOVERNMENTS ['14] Special Focus on ETS Activitics: California, Florida, Maryland'and'Washington ............ ... 5 [15] State Attorneys General Seek Fast-Food Restaurant Smoking Ban ........................................... 6 .......................................................................................... , [16] Privacy Legislation ......................... [17] Other ETS-Related State and Local Legislation ....................................................................... 7' ETS:RELATED LITIGATION AGAINST CI!GARETTE MANUFACTURERS [18] Arabic Thi'rd Smoking and Health Case with BriefETS Allegation Filed in Louisiana .......... 8 [19] Broin: More Depositions of Senior Executives Noticed; Defendants to$egin Depositions of Plaintiffs .................................................................................................... .......................... 8 [20] Butler: ArgumenrSchedultd on Defendants' Motion for Summary Judgment ....................... 8 [211 Dunn: Argument to be Held on Defendants' Various Motions .............................................. 9 ETS/IAQLITIGATION'NOT INVOLVING CIGARETTE MANUFACTURERS AMER.ICANS WITH DISABILITIES ACT (ADA). [22]1 Petnson v. Burger King(U!S. District Court, Utah) (filed Nbvcmber 3. 1993)~ ........................ 9 [23]1 Antismoking Activists Seek Airport Smoking Ban .....................................................•...•..•.•....9 CHILD CUSTODY [24]1 Thomar v. HarrirTlo. 86-4043-CA (Circuit Court, Duval County, Florida) (temporary custody awarded November 4, 1993) ...................................................................................... 9 CHALIENGESTO SMOKING POIJCIFS [25] St, Picrre, et aL v. Solnitq 1993 Conn. Super. LEXIS 28114 (Superior Court. Hartford-New Britain judicial District, Connecticut) (decided October 2ii, 1993): ...................................... 10 [2G] Nursing Home Sues State Over Smoking Policy Order ......................................................... 10 WORKPLACE: COLLECTIVE BARGAINING. [27] Government Unions File Unfair Labor Practices Claim ........................................................ 10 WORKFLACE:SICK BUILDING CvNDROME [281 Shato v. Sacramrnto Capitol Plarn, et al., No. BC074G25 (Superior Cour2„Los Angeles County„California)', (filed February 11, 1993) ....................................................................... 10

Contents Continued, Issue 60 LEGAL ISSUES AND DEVELOPMENTS [29) [30] "Going for Smoke: AG aims to Ban Lighting up at Some Fast-Food Eateries," C. Lacicst, The Dallas Morning Ntws, November 12, 1993 ..................................................................... 1 1 "Smoking Out the Enemy: New Devclopments in Tobacco Litigation," R.A. Daynard, TriaZ November 1993 .................................................................................................... ...... 11 OTHER DEVELOPMENTS [31] Fast-Food RestauranrAbandons Smoke-Frcc Experiment ..................................................... 11l [32] METLIFE Joins ALA Crusade ..............................................................................................,11, [33) Denver Healch and Hospitals Takes First Step to Smoke-Free Campus ................................. 12 SCIENTIFIC/TECHNICAL ITEMS UPCOMING SCIENTIFIC MEETINGS [34] The National Environmental Tobacco Smoke Confcrcnce: "Public Battles, Private Choices," IAQPu67t'cations, Inc., Washington, D.C., December 16-17, 1993 ,....................... 12 [35] Annual Mceting„Society for Risk Analysis, Savannah, Georgia„Decembcr 5-8, 1!993 ........... 13 [36] Liability, Compliance„Insuranceand lndoorAir, Quality, Mid'Atlantic Environmental! Hygiene Resource Center, Philadelphia, Pcnnsylvania„Dcccmber 9, 11993 ............................ 13 [37] One Day Overview of Indoor Air Quality, MidAtldtntic EnvironmentallHygicne Resource Ccnter, Philadelphia, Pennsylvania, December 10, 1993 ....................................................... 13 [38) 9th World Conference on Tobacco and Healih, Paris, France, October 10-14', 1994 ............ 13 LUNG CANCER [39] "Risk Factors for Lung Cancer in Non.-Smokers in Xuanwei County of Cltiina," Q: Lan, W. Chen, Hl Chen, and X.-Z. He, Biomrdical'and Environmrnta! ScirncrJ 6: 1 12-1Q 8, 1993 [See Appendix A], .................................................................................................... ..... 13 RESPIRATORY DISEASES AND CONDITIONS - ADULTS [40]1 "Passive Cigarette Smokc, Coal Hcating, and Respiratory Symptoms of Nonsmoking Women in China,." C.A. Pope and X. Xu, EnvironmrntaL Health Perspectives 101('4): 314! 3'115, 1993 [See Appendix A] .......................................................................................... 14: (41) "The Prevalence of Inherited and Environmental Factors in Patients with Bronchial Asthma," S. Srccnan„R. Lyons, S. Pathamakanthan, C.K. Powcrs and C.M. Burke, Chest 104(2s Supp).)t 61S. 1993 [Sec Appendix A] ........................................................................ 14, RESPIRATORY DISEASES AND CONDITIONS - CHILDREN [42) "The Associations Between Childhood Asthma and Atopy, and Parental Asthma, Hay Ftverand Smoking," M.A. Jenkins, J.L. Hopper, L.B. Flandcr, J,B. Carlin, and G.G. Gilts, Paediatric and I'erinatal EpidemioloU 7: 67-76, 1993 [See Appendix A) ............................... 14 [43] "Effects ofAcure Passive Smoking on Exercisc-]nduced:Bronchoconstriction in Asthmatic Child'rcn," H. Magnusscn, B. Lehnigk, M. Oldigs, and R. Jorres, JournalofApplird I?iiysiology75(2): 553-558, 1993 [See Appendix A] ............................................................... 14 [44] "Effects of Air Pollution on the Respiratory Tract of Children," R. Schmitzbcrger„ K. Rhombcrg, R. Pucheggcr, D. Schmitzbcrgcr-Natzmcr, G. Kemmler, and B. Panosch, Pediatric Pulmonology 15: 68-74, 1993 [See Appendix A) ..................................................... 14 OTHER HEALTH ISSUES [45] Letters to the Editor Regarding "Relationship of Sudden Infanr Death Syndrome to Matcrnal Smoking During and'After Pregnancy," K.C. Schoendorf and J.L. Kiely, I'tdiatrics 90(6)t 905-908, 1993 ........................................................................................... 14 ETS EXPOSURE AND MONITORING [46] "A Tobacco-Specific Lung Carcinogen in the Urine of Men Exposed to Cigarette Smokc," S.S. Hecht, S.G. Carmella, S.E. M,urphy, S. Akerkar, K.D. Brunncmann,,and D. Hoffmann, Ntw England Journal ofMrdicinz 329(21): 1543-1546, 1993 [See Appendix A] ................... 15 [47) "Preliminary Assessment of Designated~ Smoking Areas for Nonsmoker Exposure to. Environmental Tobacco Smoke," E.N. Light and R. Gay, presented at Indoor Air Quality '93 Operating and Maintaining Buildings for Hcalth. Comfort and Productivity, ASHRAE, Philadelphia, Pennsylvania, November 7-10, 1993 [See Appendix A) .................. 15 [48) "Mainstream and Sidestream Cigarcttc Smoke-Ihduccd DNA Adducts in C7B1 and DBA Mice," C.G. Gairola, H. Wu, R.C. Gupta, and J.N. Diana, Environmental Health Parspectives99: 253-255, 1993 [See Appendix A] ................................................................. 15

Contents Continued, Issue 60 SMOKING POLICIES AND RELATED ISSUES [49] "Smoking Control in Restaunnts: The Effectiveness of Self Rcgulation in Australia," M.J. Schofiold, R. Considine, C.A. Boyle, and R. Sanson-Fisher, American Journal ofPublic Health 83(9): 1284-1288, 1993 [See Appendix A] ............................................................... 15 STATISTICS AND RISK ASSESSMENT [50] "Data Torturing,"').L. Mills,Nrw EnglandJournal of Mcdicinr 329(16): 1 196-1199; 1993 [See Appendix A] ............................ ..................................._......................................._ 16 IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS COUNCIL. OF EUROPEAN' COMMUNITIES. (EC). [51] EC Council Proposes Addressing Smoking in Safety and Health Directivc ........................... 16 FRANCE ............................... 1 [52] One Year Anniversary of Franee Antismoking Legislation ...................... SWEDEN [53] Swedish Campaign Discourages Smoking at Work ...... ...................................................... ..•- 16 LEGAL ISSUES AND DEVELOPMENTS WORLD I''IEALTH: ORGANITATION(WHO) . 154] Who Bcntfits fr~om lY/HO?, R.D. Tollison & R.E. Wagner, Research Report 18 (Social Affairs Unit, 1993) ............. .................................................................................. 17 OTHER DEVELOPMENTS ASIn [55] NORWAY "Fired-Up Officials Won't Find'Smoke-Fillcd Rooms At APEC," Thr Scattlc Timrs, November 6, 1993 .................................................................................................... ............ 17 [56]! Lillchammcr Organiiers Sign "Smoke$ee Games" Deal ........................................•.•••.•.••••.••• 17 SINGAPORE[57]' Employee Complaints of Sick Building Syndrome May Be a Result of Stress or Other Personal Factors .................................................................................................... ................ 17 UNITED NATIONS. ' [58] United Nations Resolves To Go Tobacco-Free .........................................••.•..••..•••••••-.••-••••••• 118 MEDIA COVERAGE CANADA - [591 "Canadian Navy Butts Out," Tobacco Conrrol2(3): 191„1993 ............................................. 18' UNITED KINGDOM [60] "Millions Lost If Smoking Ban is Introduced;" Morning Advrrrisrr, November 8, 1993 ........ 18 APPENDIX A .................................................................................................... ...._......................... Article Summaries APPENDIX B .................................................................................................... ............. Upcoming Scientific Meetings APPENDIX C .................................................................................................... .................. Attorneys General Report

NOVEMBER 19, 1993 1 REPC~RT ON RECENT ETS AND IAQ DEVELOPMENTS IN THE LJNITi ED STATES REGULATORY AND LEGISLATIVE. MATTERS 103D CONGRESS antismoking legislation to appropriations bills failcd, when the billk were submitted to House and Senate conferees (H'.R. 2403; H.R. 2518). See Associated Press, November 15, 1993; Daily Report for Executrves, November 16, 1993; The Washington Times, Novem- ber 16, 1993. [1] Traficant Bill on Smoking in Federal Buildings Passes House On November 15, 1993, the House passed the bill' introduced by Representative James Traficant (D-Oliio)' that would restrict smoking in all Federal buildings to designated areas with separate ventilation (H.1L 881). The measure would affect some 12,000!buildings, although it would exempt from its coverage military installations, living quarters, and health care facilities under the jurisdiction of the Secretary of Veterans Afl•airs The billiwill'now be considered by the Senate,, where it is reportedly expected to face opposition. During debate on the measure, Traficant stated that the release of the EPA Risk Assessment on ETS led him to introduce the billl Representative Richard Durbin (D-Ill.) also cited the ETS risk assessment during his supporting remarks. Durbin stated'that 34 percent of businesses responding to a survey in 1991 indicated that their facilities were smoke free. Repre- sentative Tim Valentine (D-N.C.) spoke in opposition to the measure, daiming that it is unfair to workers and citizens who smoke. Valentine recently announced he will not run for reelection in 1994, ending his 12 years in Congress. An issue of contention during the debate was how the measure would be enforced. Traficant agreed that the language of the bill provides sufficient flexibility for each branch of government to devise its own enforce- ment options as appropriate. Although no companion measure to H.R 881 has been introduced in the Senate, Traficant is reportedly expected to lobby for Senate members to intruduce such legislation or attach similar language to an appropriations bill. The attempts previously made by Senator Frank Lautenberg (D-N.J.) to attach his [2) House Subcommittee Holds Hearings on Risk Assessment Assumptions A House Energy and Commerce subcommittee reportedly heard testimony on Nbvember 17, 1993, regarding whether the EPA's use of assumptions in its ri'sk assessments creates distortions of risk. The sub- committee has jurisdiction over three environmental laws: the Comprehensive Environmental! Response, Compensation, and Liability Act (CERCLA); the Toxic Substances Control Act (TSCA); and the Resource Conservation and Recovery Act (RCRA). Those testifying at the hearing included representa- tives of state and federal governments, researchers, a chemical manufacturer and an environmental group. A summary of hearing testimony and comments follows. See Daily Report~for Fxccutives, November 18, 1993. • Subcommittee Chair Al Swift (D-Wash.): Swift criticized the EPA for being reluctant to compare or rank environmental hazards in spite of its Science Advisory Board's (SAB) completion of such a task in 1990 with its report "Reducing Risk: Setting Priori- ties and Strategies for Environmental Protection." • Former SAB Relative Risk Committee co-chair Raymond Loehr: Stating that it is difficult to compare risks, Loehr testified that risk assessment was created to evaluate risks in specific circum- stances and not to support comparisons. • EPA assistant adrninistrator for prevention, pesti- cides and toxic substances Dr. Lynn Goldman: The EPA compares risks every day, Goldman said, but factors other than science, such as the public's expectations and congressional mandates, influence agency decisions.

2 • Ranking minority subcommittee member Represen- tative Michael Oxley (R-Ohio): Oxley's questions of witnesses were focused on the use of assumptions where chemical testing,data are insufficient to complete a risk assessment. • Program manager of the Office of Technology Assessment Michael Gough: Gough testified that there is no scientific consensus that would direct the EPA to use one risk assessment model as opposed to any other. The agency, however, uses the linearized multistage model as a default. He also stated that there is no scientific consensus that there would be a linear cancer response from a low dose exposure to chemicals. [3] EPA Cabinet Status Legislation Introduced! in House On November 3, 1993, Representative John Conyers, Jr., (D-MI), introduced legislation~ that would redesig- nate the EPA as a cabinet-level department (H.R 3425): The bill, which was drafted and approved by the House Committee on Government Operations, has 42 original cosponsors. The provisions of the bill establish cabinet status for the EPA and address contract management problems at the agency. The bill' does not make any change in exist2ng environmental law or alter any existing environmental policy. The bill, as introduced, does not contain language relating to risk assessments and cost-benefit analysis, although an effort was made in committee to add this language, and such a provision~ is one of the 26 amend- ments that was to be offered when the bill reached'the House floor during the week ending November 19, 1993. The Senate version of the bill, which has already been approved in that body, does contain risk assess- ment provisions (S. 171). In addition, a separate measure that would require the preparation of risk assessments in connection with federal health and safery or environmental regulations was introduced by Representative "Billy" Tauzin (D-La.): on October 27, 1993 (H.R. 3395): Representatives reportedly expected to support the addition of risk analysis language to H.R 3425 arc John Mica (R-Fla.) and Gary Condit (D-Calif.): Representa- tive Henry Waxman (D-Calif.) and others have appar- ently vowed to kill the measure if it contains such a provision. See Inside EPA, November 5, 1993; BNA National Environment Daily, November 15, 1993. ETS/IAQ REPORT, ISSUE 60 U.S. OCCUPATIONAL SAFETY AND HEALTH A,DMINISTRATION (OSHA) [4] Joseph Dear Confirmed as Assistant Secretary of Labor in Charge of OSHA On November 8, 1993, Joseph Dear was confirmed by a voice vote in the Senate to become the new Assistant Secretary of Labor in charge of OSHA. Publicly, Dear has pledged to "revitalize OSHA" and bring a new commitment to the "fundamental mission of saving li ves, preventing serious injuries and protect- iing the health of the American workers." Dear has been serving as a consultant to OSHA since Aprill 1993; his nomination hadbeen pending since September 7. He continues to serve on a committee formed by Labor Secretary Robert Reich to analyze proposed OSHA reform legislation and develop the Clinton administration's position. Before joining the Clinton administration, Dear was former Director of Washington state's Department of Labor and' Ind'ustries. He has also worked for the Washington State Labor CounciL People for Fair Taxes, Occupational Safety and Health State Plan Association and the National Association of Govern- mentat Labor Officials. A press report indicates that mandatory emplbyer-employee safety and health committees and the use of workers' compensation data to target workplaces for safety and health inspections will be top priorities for Dear as OSHA Director. In Washington state, Dear reportedly pioneered the use of workers' compensation data to target safety and healtL inspec- tions. Media sources say OSHA is expected to be more decentralized under Dear and more efficient iln target- ing inspections. Dear has reportedly been praised' in the past by business groups who call1im a"consensus-builder" and say he communicates effectively with business. He has been saido to place emphasis on cooperation~rather than confrontation when dealing with worker safety issues. "Joe Dear's record in Washington (state) was clearly one in which he sought to bring the partners together," says a former colleague who was quoted in an article on Dear. Another colleague, when asked about Dear's record in Washington state saids "Overall, he did a pretty good job. He's able to bring everyone to

) NOVEMBER 19, 1993 the table, get them talking and get: everyone to move forward even when the issues are contentious." See BNA Daily Rrport for Ex•ecutiva, November 10, 1993; Industry Week, August 16, 1993; and Business Insur- ancr, August 2, 1993. [''5] OSHA Drops Participation in Interagency Committees on Smoking and Risk Assessment According to a press report, OSHA will'have 56 fewer interagency committees on which it must serve. Some 40 percent of OSHA's participation~ in interagency committees were reportedly cut by the Department of Labor, including OSHA's participation on a smoking and health committee, chaired by the Department of Health an& Human Services, and four risk assessment panels, i.e., the Federal Liaison Group to the Commit- tee on. Risk Assessment Health Standards, Hazard/Risk Assessment of the Integrated Chlorinated~ Solvent Project, the Interagency Risk Assessment Committee, and the Subcommittee on Risk Assessment. As part of the Clinton; adminisuation's efforts to streamline federal government and improve operations, the Department of Labor overall has apparently elimi- nated its participation in 165 agency panels. OSHA will remain on 91 panels, including the Committee for Indoor Air Quality (CIAQ; which is headed by the EPA. See BNA Daily Labor Report; November 16, 1993. [6] California O'SI IA Prepares Policy Directive for IAQ Inspections According to a press report, the California Division of Occupational Safery and Health~hopes to complete by the end' of the year a policy directive for inspectors to follow during IAQ investigations. Because no such directive currently exists, inspectors apparently take different approaches to such inspections. Key elements of a current draft of the policy reportedly include (i)) guidelines for handling complaints,, including specific questions; (ii)~an investigation protocol on how to interview managers and employees; and'(iii) the agenry's citation policy. See BNA Califorrria - Safety cr Health Report, November 8, 1993, [7] Occupational Health Groups Call For Federal'. Regulation of Workplace Smoking Three occupational health groups have calle& upon U.S. Secretary of Labor Robert Reich to take immedi- 3 ate steps to regulate ETS in the workplace. Citing the EPA Risk Assessment on ETS, the American Industrial Hygiene Association, the American College of Occupa- tional and Environmental Medicine, and the American Association of Occupational Health Nurses have written to Reich, asking that OSHA limit its indoor air rulemaking to ETS. The coalition has also issued a position statement that advocates a smoke-free work environment for all employees. U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA). [8] Browner Names New Chair of Science Advisory Board According to a press report, EPA Administrator Carol Browner has named Genevieve Matanoski to replace Raymond Loehr as chair of the agency's Science Advisory Board (SAB). Matanoski, a professor of epidemiology at the Johns Hopkins University School, ofNygiene and Public Health, has conducted extensive study on the alleged health effects of electromagnetic fields. She previously served as chair of the SAB's radiation advisory committee. Although Matanoski's selection was reponedlysup- ported by other board members, EPA sources apparently indicated that SAB executive committee member Morton Lippmann had been the SAB staffs top choice for the post. As a result of another recent selection~ made by Browner, Lippmann will be replaced as chairman of the SAB's indoor air quality committee by Joan Daisey of the Lawrence Berkeley laboratory's indoor environ- ment program. See Inside EPA, November 5; 1993. [9] ETS Risk Assessment Litigation: EPA Files Response to Plaintiffs' Motion for Leave to File Sur-reply Brief and Joins Request for Oral Argument on Motion to Dismiss The EPA has filed a response to the tobacco industry plaintiffs' motion for leave to file a sur-reply brief in opposition to the motion to dismiss the complaint. The EPA does not object to the granting of the motion for leave "in the interests of a full presentation~ of the views of all parties," but asserts that it is unnecessary as the EPA's reply brief does not raise any new issues. Further details about the EPA's reply brief and the plaintiffs' sur-reply brief appear in issues 58 and 59 of this Report, October 22 and November 5, 1993.

4 The EPA has also joined the plaintiffs' request that the court hold oral argument on EPA's motion to dismiss. The court has not yet ruled on the oral argument request, nor has the court ruled' on either of the pending motions for leave to file amicus briefs. Plaintiffs' complkinti in this case seeks a dedaration 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 (U.S. District~ Court, Middle District, North Carolina) (filed June 22, 1993). [10]I Carpet I'ndustry Launches Information Program The carpet industry has developed a consumer information labeliwhich will be placed on alll "point-of-purchase carpet samples" manufactured after January 1, 1994, according to the Carpet and Rug Institute, the trade organization representing the interests of carpet manufacturers. The label, in con• junction with a "Carpet Owner's Manual," reportedly discusses proper installation techniques for new carpeting. The information program was developed in response to public concerns about carpet emissions. Providing input into the program were members of Congress, the EPA and'the Consumer Product Safety Commission. The Advancement of Sound Science Coalition (TASSC), a newly formed nonprofit group of scientists and representatives of universities, independent organizations and industry, reportedly lauded the announcement of the Carpet and Rug,Institute. According to Garrey Carruthers, former governor of New Mexico and'cliairman of TASSC, "This is a good example of how science and policy decisions should work. Public policy should be driven by sound science and a valid peer-reviewed process - not by emotions, 'panics' or those that have a predetermined policy objective." See U.S. Newswire, November 15, 1993. ETSIIAQ REPORT, ISSUE 60' AS H RAE [11] Committee Makes Progress on Ventilation Standard The ASHRAE committee that is considering changes to Ventilation Standard' 62-1989 met on November 5-7, 1'993: The chair of the committee hopes to have a final consensus d'raft available for consideration during the ASHRAE winter meeting in January 1995, andia public comment version to be released by ASHRAE in March 1995. Among the proposals approved by the committee is a statement that the standard is not intended to provide accepti- abl'e indoor air quality for especially sensitive or susceptible individuals. Committee disagreement over the definition of acceptable indoor air quality and over methodology in the calculation of ventilation rates continues. WHITE HOUSE [12] Clinton Cigarette Tax Hike Proposal Provokes Varied Reaction According to press reports, President Bill Clinton's proposal to raise taxes on cigarettes and other tobacco products has been sharply criticized by cigarette vendors and those lawmakers who representt tobacco-growing states or who generally oppose any tax proposals. The tax hike, which is expected to: reduce the numbers of smokers, has been viewed by public health officials as beneficial to nonsmokers. See issue 59 of this Report, November 5, 1993; In Canada, where high cigarette taxes reportedly have led to the extensive smuggling of cheaper contraband cigarettes from the United States, govern- ment officials are reportedly considering lowering their taxes to equalize prices on cigarettes and to end the smuggling trade, which is apparently costing millions of dollars in lost tax revenues each year. S« St. Louis Post Dupatcfl, October 30 and November 7, 1993; The Ga.zettr (Montreal), November 4, 1993.

) NOVEMBER 19, 1993 U.S. GENERAL SERVICES ADMINISTRATION (GSA)' [13]' Notice Given of Potential Change to Smoking Policy Federal buildings operator GSA recently included in a notice of "prerule stage" a provision~ indicating that it will revise its current policy on smoking in GSA-controlled'buildings if Congress votes or an executive order is issued'to ban smoking im Federal buildings. The GSA currently permits smoking in designated smoking areas as determined by the occu- pant agency head'. The EPA Risk Assessment on ETS is cited in the notice. STATE AND LOCAL GOVERNMENTS [14] Special Focus on ETS Activities: California, Florida, Maryl'and' and Washington The states of California, Florida, Maryland and Washington have recently proposed certain initiatives that, if adopted, could have an impact upon the public debate over ETS, either by pronouncing that ETS is responsible for signifcantadverse health effects or by subjecting smokers to broad new restrictions. A summary of activities in these states follows. • California. Under the Safe Water and Toxic Enforcement Act of 1986 (Proposition 65), the state has beem requiring warnings to the public about chemicals known to the state to cause cancer or reproductive toxicity. "Tobacco smoke" has been on the "cancer list" since 1988. ETS has not been on the "reproductive toxicity list," and,,prior to this year, had been given a low priority for consideration on this list under the ranking scheme employed by the Proposition 65 Scientific Advisory Panel. A new ranking scheme, known as DELPHI, was adopted at an October 25, 1993, meeting of the Developmental and Reproductive Toxicant Identif- cation Committee (DART). Pursuant to this procedure, ETS has now been listed as a high priority for consideration. The legislature considered a number of antismoking measures during its latest session. A.B. 13, which would ban smoking in most workplaces, restau- rants, malls, hotels, airports and other public places 5 remained in committee when the legislature adjourned on September 10, 1993. See issue 55 of this Report, September 10, 1993. A competing measure, A.B. 996, which would have invalidated localsmoking restrictions and bans and would have permitted most business owners to set their own smoking policies, was withdrawn from consider- ation by its sponsor. See issue 54 of this Report, August 27, 1993. Meanwhile, in a move criticized by antismoking activists, Governor Pete Wilson (R) reportedly appointed Kimberly Belshe as the state's new director of health services. Belshe at one time worked for a public relations firm on behalf of the tobacco industry to defeat the measure that taxess cigarettes to fund antismoking programs (Proposi- tion 99): According to a press report, Belshe, who is not a physician, has served as the key architect of many of the health programs initiated by the Wilson administration. As director~ of health services, Belkhe will be called upon~ to~direct the state's antismoking programs and formulate strate- gies to combat smoking. Stanton Glantz has been quoted as saying, "I am absolutely shocked that the governor would name her: health director. She is absolutely unqualif ed and a completely inappropri' ate choice." See Sacramento Bee and Los Angeles Times, November 10, 1993. • Florida. The Department of Health and R'ehabiliza- tive Services is poised toadopt rules to implement the Florida Clean Ind'oor Air Act. Fla. Stat. ch. 386.201-.211. The proposed rules, Fla. Admin. Codes. I0D-105.008-.012; have been subject to public comment in 1993. They designate the procedures to be followed by enforcement person- neliwho investigate complaints about ETS under the Act. The rules also designate the types of citations and f nes that can be assessed for viola- ~ tions. Fines as high as $500 a day can be imposed ~ for violations such as (i):designating more than ~j one-half of the rooms in a health care facility as ~ smoking; (ii) permitting or designating smoking in CZ a common work area without employee consent; N and (iii) designating smoking in common areas that V141 are expected to be used by the public. Because the ~ proposed rules have been challenged, their final adoption is on hold pending the decision~of an administrative hearing officer.