Tobacco Documents Online

<.JL7L'-11-9O LIED 1rS -_ 49 C ,< E LJASH DC DRAFT July 11, 1990 The Honorable William Reilly Administrator U.S. Envirdnmental Protection Agency 401 M Street, S.W Washington, D.C. 20460 P _ Q } Dear Mr. Reilly: You will recall that I wrote toyou on May 17 and June 6, 1990, to express my concerns about the manner in which the Environmental Protection Agency had been handling three projects relating to environmentall tobacco smoke ('1ETS")a a risk assessment, a technical compendium and a policy guide. I want to assure you of my appreciation for the attention that you have devoted to this matter thus far and for the assurances that have been communicated to my staff. Nevertheless, I intend to continue to monitor closely the development of EPA documents relating to ETS and to share with your office any further concerns that arise. At this point, I would like to draw your attention to an additional problem, relating to the role played in the three ETS projects by Mr. James Repace, an employee in the Office of Air andRadiation with a very extensive history of involvement in antismoking activities. In my June 6 letter I expressed concern about the selection of an avid antismoking activist, Dr. Stanton Glantz, to contribute the chapter of the ETS compendium that deals with heart disease. I continue to be of the opinion that involving such obviously biased individuals seriously compro- mises the objectivity of this project. it has now come to my attention that -- despite Mr. David Axelrad's assurances to the contrary to Mr. Jeff Schlagenhauf of my staff and Mr. Tom Montgomery, Minority Counsel to the Subcommittee on Oversight and Investigations -- Mr. Repace is essentially in charge of the compendium and policy guide pro~ects and from the outset has steered their conclusions in a direction that accords with his own ideology. In addition, it is clear from the draft ETS risk assessment that was released on June 25, 1990, that Mr. Repace has been intimately involved in that project as well. I note that Mr. Repace is the author of one of the compendium chapters, dealing with "Exposure Assessment in Passive Smoking." He also is li;->ted as the individual to contact with regard to this project in Mr. Axeirad's letter of

1 1-~0 Wa D 16 =y-9 C :-:5~ 1B WASH DC ,' Q The Honorable William Reilly July 11, 1990 Page 2 P _ ._7 ;1 November 27, 1989, transmitting the draft compendium for com- ment. That Mr. Repace has been more than merely a contact person for the compendium is revealed, however, by the attached memorandum dated June 1, 1987, in which Mr. Repace described the features of the project in its initial stages. It appears from this memorandum that EPA at one time may have been con- sidering publishing only one document on ETS, referred to as a "handbook," rather than a compendium plus a policy guide amounting to a scaled-down version of the compendium. In any event, as the attached memorandum of November 8, 1988, shows, Mr. Repace was closely involved as well in the project that more nearly resembles what in my understanding the EPA envi- sions as an ETS policy guide. As you can see from the June 1, 1987, memorandum, Mr. Repace proposed himself as the author of eight different portions of the document as outlined at the time, and his plan clearly was to produce a one-sided document that would attempt to indict ETS from every conceivable per- spective. An examination of the draft compendium that was circulated last November, as well as the draft policy guide released on June 25, shows that Mr. Repace has adhered to this plan. Furthermore, I invite your attention to the fact that the draft ETS policy guide accords "special thanks" to Mr. Repace as one of the individuals who "provided support and assistance during the development of the report." Likewise, the guide suggests that readers consult for further information the EPA publication "Indoor Air Facts #5: Environmental Tobacco Smoke" (copy attached), a hopelessly biased and inflammatory document that I understand was largely the responsibility of Mr. Repace. As far as the draft ETS risk assessment is con- cerned, it likewise explicitly acknowledges Mr. Repace's con- tribution (at p, xv). I frankly do not understand how a document like "Indoor Air Facts #5" could have been completed and released without being submitted to the pertinent scientific advisory board. if the document was submitted to an SAB, I would appreciate being informed of when that was done and what pro- cedures were utilized in connection with the SAB's review. zf "Indoor Air Facts #5" was not submitted to the pertinent sci- entific advisory board, I would like to know why it was thought appropriate to dispense with such review, how an ETS "fact sheet" could have been prepared and cleared within EPA before the risk assessment and technical compendium noted above had been reviewed and put in final form, and what further plans EPA may have to circulate copies of "Indoor Air Facts #5" to members of the public.

,'.JiJL-11-9O LaED 1>=• :~5F C:c': L WNSH DC . S . , The Honorable William Reilly July 11, 1990 Page 3 P _ or So far as the three draft documents that we have been discussing are concerned, Mr. Repace's long record of public utterances -- including frequent paid testitnony in litigation -- concerning 2TS makes it clear that he is cogunit- ted to extreme views. With Mr. Repace effectively in charge, EPA's ongoing ETS projects frankly do not have a prayer of turning out objective documents. Without belaboring the point, I would illustrate the positions that Mr. Repace typically takes on RTS by reference to his recent expedition to New Zealand to provide support for antismoking legislation in that country. Examples of the extensive press coverage given to the visit are enclosed. These reports speak for themselves, but I want to point out in particular several aspects that are typical of Mr. Repace's media appearances: the identification of Mr. Repace with EPA unaccompanied by any disclaimer that his views do not reflect an official EPA position, the uncorrected impression that Mr. Repace is the holder of a doctoral degree, his use of scare tactics such as the baseless assertion that 5D,0©0 people in the United States die each year from exposure to ETS, and his clear commitment to a complete smoking ban. As far as I have been able to determine, Mr. Repace's devotion to antisanQking activities dates back at least to the 1970s and has involved frequent testimony in support of pro- posed smoking restrictions before local governmental bodies, appearances in the media, presentations at antismoking confer- encesy and appearances as a paid witness in lawsuits involving smoking issues. In this regard, I refer you to Mr. Repace's role in a Trenton, New Jersey, labor arbitration, Levinsori and Communications Workers of America v. State of New ,7ersey_ (1984), in a New Yoxk City arbitrstion pTocee ing, Carmen Irons and Teamsters v. Pan American (1984), and in two pra.vate lawsuits, Gor on v. Ra~ren S stern~s and Research Inc., 462 A.2d 10, 15 (D:~. 1983}, an Sm th v. A.T.& T. Technoloqies, 643 S.W.2d 10 (Mo. App. 1982), on remand, emand, Cause No. 4463.2, Div. 13 (St. Louis Cty Cir. Ct. 1985). Mr. Repace's activities have involved close coopera- tion with antismoki.ng organizations such as the Group Against Smoke Pollution tnCASP"j, the Coalition on Smoking OR Health, and John Banzhaf's group, Action on Smoking and Health ("ASH"), For an example of the sort of demagoguery that these activi- ties entail, see the attached ASH publication from 1984, con- taining the astounding assertion that "no one questions the basic premise" that exposure to ETS causes lung cancer. It is clear, as his association with these organizations attests, that Mr. Repace is a fanatical antXsmoker. Consider in this

.JL;L=11--9 0 L•aE: D 1r, _S1 C :--F B L1t=tS H DC The Honorable William Reilly July 11, 1990 Page 4 P _ 07 regard Mr. Repace's intemperate and indeed rather ominous statement to the press in reaction to the defeat of a piece of antismoking legislation in Maryland: "People aren't going to stand for this. Now that the facts are clear, you're going to start seeing nonsmokers becoming a lot more violent. You're going to see fights breaking out all over." Washxngton Star, April 5, 1980, p. D-3.. Such a mindset necessarily affects Mr. Repace's judgment and taints his consideration of the issues with which he deals at EPA. Nor have Mr. Repace's antismoking activities abated recently. Aside from his intense efforts within EPA and the New Zealand expedition discussed above (apparently funded in part by ASH of New Zealand), he has traveled far and wide -- with funding from EPA and from antismoking groups -- to present his message. indeed, I am informed that just this past May Mr, Repace shared the podium with none other than Dr. Stanton Glantz at a session on antismoking strategy at the World Con- ference on Lung Health in Boston. At this late hour there may be little utility in exploring why Mr. Repace, with his demonstrated bias, has been allowed to carve out a fiefdom regarding ETS within the Office of Indoor Air and Radiation while, at the same time, he travels around the world at the invitation and expense of antismoking organizations to proclaim his extreme views on radio talk shows and in other nonscientific frra. I realize that this situation developed to a large extent before you took office, and I recognize that you cannot be expected to monitor person- ally all the extracurricular activities of EPA'g many employees. Nevertheless, I believe that the time has come to ensure that the agency's projects relating to ETS are handled in an appro- priate manner. It would be entirely reasonable, in my view, to conclude that the ETS compendium, policy guide and risk assess- ment are so flawed in conception and handling that they should be shelved pending a complete review by your office. If a decision is made ultimately to proceed with any or a11 of those projects, I would urge that entirely new documents be drafted within the agency or be commissioned, with safeguards being put in place to ensure that the documents are drafted and reviewed by persons having no prior ideological commitment to the outcome.

,S IJ L- 1 1-•3 0 LJ E D 1 c:-:a 1 C & B l•1 A S H =i C The Honorable William Reilly July 11, 1990 Page 5 P - 0cs Mr. Schlagenhauf will contact your Chief of Staff, Mr. Binder, in the near future to discuss these issues further. Again, I thank you for your attention to this important matter. Sincerely, Thomas J. Bliley, Jr. Ranking Minority Member, Subcommittee on Oversight and lnvestigation,s Enclosures cc: The Honorable John D. Dingell, Chairman, Subcommittee on Oversight and Investigations Mr. William Rosenberg Assistant Administrator for Air and Radiation