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NATIONAL CENTER FOR POLICY ANALYSIS HOME / DONATE / ONE LEVEL UP / ABOUT NCPA / CONTACT The Next Environmental Battleground: Indoor Air |
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By Dr. Dwight R. LeeRamsey Chair of Free EnterpriseUniversity of Georgia NCPA Policy Report No. 174 ISBN 0-943802-78-4 November 1992
Executive SummaryIn the workplace, Americans are exposed to hundreds of airborne toxic chemicals every day. Carpets, furniture and walls emit small quantities of the carcinogen formaldehyde. Laser printers and copiers emit ozone. And almost anything in the outdoor air may be brought indoors.Many of the chemicals in the air where we work are also in the air of our homes. And most employees probably bring toxic chemicals with them to the workplace each day:
However, there are problems. Poorly ventilated buildings have harbored Legionnaires' disease and tuberculosis. Largely because of federal policy, some excessively insulated buildings have become "sick" - leading to increased absenteeism and lower productivity. What should be done? The private sector is already responding, largely for economic reasons, to improve employee productivity and to avoid lawsuits:
The second-best approach would be to require that all buildings meet a standard but allow building owners to find the least costly way of meeting that standard (e.g., by opening windows, planting Boston ferns, improving the ventilation system, etc.). Under this approach, government would set the standard and the marketplace would determine how to meet it. The worst approach would be government regulation of the sources of indoor air pollution - asserting control over everything from carpets to workers' clothing. This approach, comparable to the approach now used to regulate outdoor air, would likely cost money, jobs and lives - while bringing about little improvement in the quality of our air.
IntroductionEvery day, Americans are exposed to thousands of chemicals. In a typical workplace, people are exposed to chemicals emitted from the carpet on the floor, the paint on the wall, the building materials in the ceiling, and even from the chair they sit on and the desk they use.1The air in an ordinary office contains trace amounts of an entire laundry list of toxins and carcinogens. The chemicals that compose many common products break down slowly and seep imperceptibly into the air. For example:
In large quantities, any of these chemicals could be dangerous. But are they dangerous in the small amounts to which the average American is exposed? Probably not. Most toxic chemicals in the air are measured in parts per million or parts per billion. Without sophisticated technology, we could not even detect them. Moreover, thousands of other carcinogens and toxic chemicals occur naturally in our food.3 If exposure to small amounts of dangerous chemicals could kill us, the human race would not have survived. Nonetheless, because there are serious air quality problems in some buildings and homes, many people are advocating that the federal government aggressively regulate indoor air.
Should the Federal Government Regulate Indoor Air?Currently, the EPA regulates outdoor air but has little authority over indoor air. The Occupational Safety and Health Administration (OSHA) has the authority to regulate air quality in the workplace, but it has not imposed the stringent standards the EPA has applied outdoors. No federal agency currently has the power to regulate the air quality inside a person's home.
Take formaldehyde, for example. Although there is no evidence that breathing small amounts of the chemical causes cancer in humans, very large doses do cause cancers in rodents. Table I shows how the risk of breathing formaldehyde compares with other human risks, based on the assumption that human risks are just like rodent risks, adjusted for body weight. The table shows that for the average person:
Real Problem:Building-Related Illness. While most people, most of the time, have little to fear from pollutants in their work environments, a few real problems have been identified.8 A building-related illness (BRI) is said to exist when a particular pollutant causes a specific illness. The most infamous example was the Legionnaires' disease that killed 29 people during an American Legion convention in Philadelphia in 1976. The disease was caused by bacteria transmitted through an air-conditioning system. More recently, Legionnaires' disease killed or injured workers in government buildings in Richmond, California, and Ogden, Utah. There have also been cases of tuberculosis and other airborne infections whose spread was facilitated by poor ventilation systems.Real Problem: Sick Building Syndrome. BRI is relatively rare. A more common problem is the sick building syndrome (SBS) characterized by general complaints such as headaches, fatigue, nausea, eye, nose and throat irritation, coughs and muscle pain. These symptoms are thought to be caused by a combination of airborne substances. [See Table II.] Overall:
How Government Has Contributed to the Problem. Many sick buildings are partly the result of federal government policy.11 In response to the energy crisis in the 1970s, the federal government introduced subsidies and mandates to encourage the construction of energy-efficient buildings. These over-insulated structures, which have thick walls, low ceilings, sealed windows and poor ventilation systems, tend to trap chemical fumes that otherwise would disperse. The effect is intensified because in such buildings indoor air is recirculated more often than in conventional buildings. The construction of excessively insulated buildings is still encouraged by government regulations, even though energy prices are now lower in real terms than they were in the early 1970s. How the Federal Government Manages Its Own Buildings. Before giving government more power over indoor air in the private sector, we should ask how well the federal government has managed its own indoor air.
"The EPA's own building is apparently a 'sick building'."
Solving Problems Without RegulationBefore enacting more laws and regulations, politicians would do well to consider how the private sector is responding to issues of indoor air quality. The following is a brief summary.Individual Choice. Individual preferences differ. The willingness of different people to pay for higher quality also differs. Higher quality air is often (although not always) more expensive, and avoiding lower quality air usually involves a cost - if only in terms of inconvenience. One way of satisfying different preferences is to let people make their own choices. Most of us voluntarily accept less-than-perfect indoor air quality - at work and away from it. As noted above, the air quality in most homes is far from perfect, and few of us would be willing to spend the money or suffer the inconvenience required to achieve perfection. We also voluntarily accept less-than-perfect air in other places. International air travelers often experience discomfort from air that is recirculated during long flights. Presumably the cost of this discomfort is outweighed by the advantages of air travel. People also choose to accept less-than-perfect air quality when they choose professions and employers. Those who are strongly averse to prolonged exposure to recirculated air presumably choose not to be astronauts, airline pilots or deep-sea divers. Those who are strongly averse to polluted air presumably choose not to be coal miners or lumber mill workers. On the other hand, those whose tolerances are higher often earn more for working in less pleasant environments. Market Incentives. There are obvious limits to individual choice. Whether in airplanes or office buildings, everyone's ideal cannot be met. Airplane manufacturers and building developers must make trade-offs between air quality and cost. The marketplace gives them strong incentives, however, to satisfy most of their customers most of the time. Building owners, even if they never enter their buildings, find that buildings, with poor indoor air quality are less valuable and produce less rental income. "The private sector already has financial incentives to provide clean air." Consider that the typical absentee rate for office workers is less than 5 percent.16
The tort law, however, gives victims recourse.18 Indeed, one of the fastest-growing areas of tort law is indoor air lawsuits - which have even named architects and interior designers as defendants. Fear of lawsuits is a motive for maintaining high-quality indoor air, and the majority of building managers are well aware of the potential threat. Private Sector Solution: Open the Window. In most cases of unacceptable indoor air quality, the best solution is to improve building ventilation.19 For example:
The importance of proper ventilation was acknowledged in a U.S. General Accounting Office (GAO) report that stated, "Correcting ventilation problems ... can reduce indoor air pollution problems more quickly and extensively than trying to identify and control individual indoor air pollutants."22 Some specialists say that the problems in approximately 80 percent of all sick buildings can be eliminated by simply improving existing ventilation systems. And according to a recent study, quadrupling the minimum ventilation rate23 would cost less than 5 percent of the average energy operating costs in a typical building.24 "Most indoor air problems can be eliminated with proper ventilation." Private Sector Solution: Grow Plants. A surprising finding of recent research is that many plants are capable of removing pollutants from indoor air. According to Dr. Ray Walverton, a former researcher for the National Aeronautics and Space Administration (NASA):25
So far, studies have shown that plants can remove from the air three carcinogens: formaldehyde, benzene and trichloroethylene. It is likely that they can remove many other toxins as well. Interestingly, the finding that plants can absorb airborne toxins grew out of NASA research on ways to keep the air clean on long space flights. Similar findings are reported by former Soviet space scientists who now seek to market their knowledge as a cure for sick buildings in the West.26 Private Sector Solution: New Technology. If government regulation of indoor air followed typical regulatory practices, the regulators would tell building owners how to manage their air. An advantage of the marketplace is that anyone with a better idea is free to compete. In response to the growing recognition that poor air quality can be costly (in terms of low productivity, lawsuits, etc.), a thriving industry has developed - with a steady stream of new products and new ideas to solve the problem. Almost every issue of Indoor Air Review, Pollution Equipment News, Environment magazine and the Journal of Environmental Health contains advertisements for new products or notices of conferences and seminars on indoor air quality.
The Government's Record on Outdoor AirAccording to the EPA, the United States spends $115 billion per year to clean up the environment, devoting a large part of that money to outdoor air. Environmental spending equals 2.3 percent of our Gross National Product (GNP), 40 percent of the defense budget and almost three times the amount spent on the environment by the entire European Community.27 Are we getting our money's worth? The evidence suggests that we are not."The EPA spends the most money on programs that are least likely to improve the environment." Misplaced Priorities. Most environmentalists, regardless of other differences, agree that the EPA has done a poor job:28
Mandating Methods Rather than Achieving Results. One way to achieve higher air quality is to set a limit on pollutants and allow industry to find the least-cost way of achieving the result. Another way is to tell industry how to control pollutants. The EPA usually chooses the latter method.30 It relies on a highly centralized command-and-control approach that is susceptible to political manipulation, is unresponsive to local information and almost always results in higher costs. Typically, the EPA responds to a pollution problem by requiring that all polluters install the same type of emission control equipment. For example, in attempting to reduce sulfur oxides emissions from coal-powered generating plants, the EPA has required that all new plants be constructed with expensive stack scrubbers, even though burning low sulfur coal is often a more effective and less expensive way of achieving the same goal. Indeed, when the EPA began implementing the stack scrubber policy in 1978, as required by the 1977 Clean Air Act amendments, they found that in some cases scrubbers actually increased the emissions of sulfur oxides.31 Telling producers how to control outdoor air pollutants can be extremely costly and ineffective. Several studies have attempted to determine the cost difference between the least-cost method and the EPA's approach.32 As Table III shows:
Failure to Use Cost-Benefit Analysis. Quite apart from the question of how to achieve a result is the question of whether the result is worth achieving. The EPA often imposes millions of dollars of costs on industry and achieves negligible or unmeasurable results. Although the agency does its own cost-benefit calculations, such analysis is often ignored in its cost-is-no-object approach to pollution control. The EPA is not alone; OSHA and other federal agencies are guilty of similar regulatory sins. Failure to Use Science. To scientists, the EPA is notorious for sometimes ignoring and other times misusing scientific studies to promote its own aims. The agency all too often uses such studies to advance a political agenda rather than to judge whether the agenda should be pursued. Among the well-publicized examples are EPA risk assessments in the 1980s that grossly exaggerated the dangers of radon, dioxin and asbestos. A special advisory panel of prominent scientists convened by the EPA to study the agency's programs published the following indictments:33 "The EPA's own study showed the agency routinely misuses science."
Case Study: The EPA's War on Cancer.35 About one in every three Americans will get cancer. About one in five will die from it. What should be done? An EPA executive has said that the most effective way to combat cancer would be to give the entire EPA budget to the National Cancer Institute.36 But that's not what the bureaucrats are doing. Despite the fact that industrial products and food additives cause less than 3 percent of all cancers,37 the federal government is imposing billions of dollars of costs on the American public in its efforts to prevent exposure to trace amounts of environmental chemicals. The most common government standard is that a chemical should be outlawed if one person out of one million exposed over a lifetime could theoretically get cancer from it. Even though 300,000 people out of one million will get cancer anyway, regulations cost the public billions to prevent one more theoretical case. Typical EPA methods for evaluating the public health risks from air pollution greatly overstate those risks. For example, the EPA calculates potential risks from exposure to an air pollutant by testing the chemical for toxicity in laboratory animals:
The EPA's extreme risk models are notoriously faulty, however. A study of Allegheny County, Pennsylvania, the site of the largest concentration of industrial coke ovens in the country, concludes that the EPA's estimate of cancer caused by coke emissions is exaggerated by a multiple of 100:40
"Outdoor air regulations require industry to spend $6.5 billion per hypothetical life saved." Applying this more realistic standard to all air toxins, it appears that the Clean Air Act's new regulations may prevent three to five cancers per year rather than the 350 to 500 estimated by the EPA. The cost per cancer prevented will be between $4 billion and $9 billion per year. [See Figure II.] The National Cancer Institute's goal is to reduce the nation's 470,000 annual cancer deaths by one-half by the year 2000. The institute does not even mention reducing carcinogenic chemicals in the environment as one of its objectives. However, as suggested by the EPA's own science advisory panel, using resources efficiently is not necessarily an agency goal. Case Study: The Worst Regulations. The cost-benefit ratios shown in Figure II are by no means the worst examples of regulatory costs. Both OSHA and the EPA have imposed other regulations that cost billions of dollars per life hypothetically saved. For example:42
First, as individuals we are not willing to spend all of our income pursuing any environmental goal. As noted above, most people are willing to live with chemical risks in the air of their own homes because a chemical-free environment is not the only thing they care about. Money spent ridding the environment of pollutants is not available to purchase other goods and services. And just as individuals face trade-offs, so does society. No rational person would want to spend all of society's wealth eliminating a single risk. Second, even if we believe that health should be pursued at all costs, the regulations described above are indefensible. Millions of dollars spent to save one hypothetical life at some undefined point in the future is money not available for prenatal care or AIDS research. The dollars the EPA requires industry to spend could be spent elsewhere to save many more lives. Third, even if we believe that broad environmental goals should be pursued at all costs, the regulations described above are indefensible. Millions of dollars spent to achieve a trivial, hypothetical benefit is money not available for other worthwhile environmental aims. Finally, the regulations described above are self-defeating even on their own terms. The reason? Spending enormous amounts of money on a single risk lowers the take-home pay of workers, and numerous studies have confirmed that higher incomes and better health go hand in hand.43 When people have more income, they seek more preventive medical care, drive safer cars and reduce countless other risks to health and safety in their daily lives. For example:44 "Regulatory spending can cost more lives than it saves."
Options for Government on Indoor AirFor policymakers, the possible responses to indoor air quality problems are: (1) do nothing, (2) provide information, (3) set air quality standards and (4) regulate the sources of specific pollutants. If government intervenes, the best policy is to provide information, leaving the private sector free to act as it sees fit. The worst policy is to try to regulate the sources of specific pollutants.Option 1: Do Nothing. The strongest argument for doing nothing is that if government does anything, the cure is likely to be worse than the disease. Could regulators conceivably improve on private sector solutions? Yes. Are they likely to do so? Based on our experience with the regulation of outdoor air, no. The second strongest argument for a do-nothing policy is that most of the private sector is responding responsibly as more information becomes available about real risks. A sensible cost-benefit approach toward indoor air quality is more likely if the matter is left in private hands. In general, the private sector is much better able to solve indoor than outdoor air problems. Outdoors, there are thousands of polluters and thousands of victims. The costs of polluting more are mainly imposed on others, and the benefits of polluting less are mainly enjoyed by others. Indoors, things are different. Although the initial effects of poor air quality are felt by building inhabitants, ultimately the bulk of the cost is borne by building owners - as tenants leave, file lawsuits or pay less rent. Building owners, therefore, tend to bear the cost of their failure to maintain high air quality and reap the benefits of their efforts to improve things. Option 2: Provide Information. A serious problem with indoor air pollution is that it often goes unrecognized by those at risk. Thus government may have a role in providing information on the existence of a potential problem. A government agency might, for example, determine the level of air quality in buildings and post this information with some explanation of its significance. Such a policy would inform customers, workers, proprietors and employers. As people responded to the information, building owners also would respond. In some cases, the response would lead to significant improvements in indoor air quality. In other cases, the improvements might be minor.45 Is there a practical way to provide such information? A multipage document listing the concentration of hundreds of chemicals along with other technical information would be worthless to most people. However, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) already has developed a ventilation standard for buildings.46 The standard could serve as a norm in the following way: People would ordinarily assume that a building met the ASHRAE standard and was periodically checked for dangerous containments. Owners of buildings that failed to meet the standard would be required to post warnings listing the ways in which the building deviated. "Instead of regulations, why not give people information and let them make their own choices?" A policy of posting information on indoor air quality and letting those with the most at stake respond as they see fit is similar to the current policy of local public health departments that inspect restaurants and post sanitation ratings in each. When information on cleanliness is available to customers, restaurant owners have a strong incentive to keep their establishments clean. Building owners would have similar incentives. Why would people want to enter or work in a building with substandard air quality? One reason is that there is not one "best" air quality in all buildings. As noted above, in some cases it is profitable for building owners to improve air quality. But in other cases higher air quality comes with a price tag. As discussed below, when higher air quality involves significant cost, that cost is likely to be borne by workers in the form of lower wages. Clearly, there are differences among workers in their willingness to trade take-home pay for clean air. But even if all workers had the same preferences, the cost of clean air varies radically from workplace to workplace. Thus the same willingness to trade money for clean air would result in quality differences from building to building. There are also likely to be differences among the preferences of customers of different buildings. For example, those who are enjoying an evening in a local bar or pool hall may be less concerned with high indoor air quality standards than are those who are recovering from illness in a hospital. Also, people patronizing an establishment are usually interested in a package of attributes, of which air quality is only one. People choosing between restaurants may go to the one with better food or more appealing decor, even though they know it has lower air quality. There is no one best level of indoor air quality for all situations. Even if there were a best level, it would be extremely difficult for the EPA or any other bureaucratic organization to discover it. And it is completely impossible for any government agency to determine the appropriate air quality in each of the millions of U.S. businesses. Decisions on air quality are best made by those who have to compete for workers and customers, assuming those individuals have information on the air quality in different establishments. "Instead of a command-and-control approach, why not set standards and give industry the freedom to meet them?" Option 3: Setting Air Quality Standards. More aggressive than providing information would be to mandate an acceptable level of indoor air quality, allowing owners and managers of individual buildings to choose their method of reaching that level. For example, the federal government might adopt the ASHRAE standard for ventilation and require that all buildings meet it. This would deny people the right to make their own choices about the level of air quality, but it would allow the private sector to find the least expensive ways of achieving the standard. When an indoor air pollution problem is identified, the least-cost response will vary. In some cases, the best solution may be to simply open some windows or bring in a couple of Boston ferns. Some problems can best be solved by moving certain tasks to a more remote or better ventilated part of the building or by contracting the task to a firm that can perform it more safely. In other cases, the best solution may be to reassign an environmentally sensitive employee to another work area. In extreme situations, say in the case of a particularly serious health hazard, the best action may be to demolish an existing building and build a new one. Option 4: Regulating the Sources of Pollution. If government were to regulate indoor air the way it regulates outdoor air, it would single out particular sources of pollutants and try to regulate those sources in specific ways. This approach would be a mistake for several reasons. First, a command-and-control approach is inevitably more costly. As Table II shows, when government tells the private sector how to control pollution, the method it imposes is almost always far more expensive than allowing people to experiment and to adopt the least costly method. Second, attempting to improve indoor air by regulating individual sources of pollutants does not guarantee improvement unless every source is regulated. A contaminant may come from many different sources, and frequently the source is not known. In any event, attempting to regulate the tens of thousands of potential sources of pollutants is probably impossible. Hundreds of potentially harmful pollutants can be found indoors, most of them are not readily noticed and, when they are, the symptoms they produce are not always traceable to a specific pollutant. Indoor pollutants, particularly in offices, may be generated by building materials, furniture, carpeting, office equipment, cleaning compounds, human metabolism and outdoor air. In addition to these organic compounds are the host of common fibers, dusts and microbes that can cause adverse physical reactions. Furthermore, most of these pollutants cause similar symptoms.47 For example, it is impossible to differentiate the symptoms caused by formaldehyde from adhesives, ammonia from microfiche machines, oxides of nitrogen from combustion processes, ozone from laser printers and volatile organic chemicals from carpets.48 "Instead of regulating each individual source of a pollutant, why not simply clean up the air?" Rather than regulating each source of each pollutant, a better approach may be to remove whole categories of pollutants from the air. Finally, allowing an agency such as the EPA to regulate individual sources of indoor pollutants undoubtedly would create many of the same problems caused by EPA regulation of outdoor pollution sources. These include the practice of requiring the private sector to bear billions of dollars of costs in order to achieve trivial benefits.
The Costs of Indoor Air RegulationNo one can know in advance what indoor air regulation might cost. But if government regulated indoor air as aggressively as it is beginning to regulate outdoor air, the cost to the private sector easily could be $100 billion or more. Although this cost would be imposed directly on business, workers would lose income, jobs and even their lives.Lower Take-Home Pay. The effect of indoor air regulation costs would be similar to a tax on labor. Since the purpose of the regulations would be to protect employees, the more employees there are, the higher the cost.49 Roughly speaking:
"The cost of indoor air regulations would ultimately be borne by employees." Many proponents of aggressive regulation assume that the costs will somehow be borne by "business." However, business is a relationship - between workers, managers, consumers, stockholders. Although government frequently taxes relationships, relationships don't pay taxes - people do. Ultimately, all taxes are paid by individuals. And, employees are the individuals most likely to bear the full costs of indoor air regulation.50 Regressive Taxes. The cost of indoor air regulation would be imposed on workers like a regressive tax. The lower the employee's income, the higher the burden as a percent of income. [See Figure III.] For example:
The incidence of cancer is another example. A primary goal of many proponents of indoor air regulation is to reduce the level of airborne carcinogens and, therefore, the risk of cancer. But if regulation reduces employee income, the exercise could be self-defeating. According to the National Cancer Institute, poverty is one of the most important causes of cancer.53 For example:54 "According to the National Cancer Institute, poverty is one of the most important causes of cancer."
"A $100 billion regulatory burden would mean $900 less take-home pay for every employee." "Studies show that lower take-home pay leads to higher mortality." Figure VA shows the likely increase in mortality as a result of potential indoor air regulatory burdens. As the figure shows:
The Politics of Indoor AirIf the EPA assumes greater control over the regulation of indoor air quality, it will almost surely adopt a policy of detailed commands and controls rather than a far more efficient, effective policy that relies on market incentives. This pessimistic assessment is based on the EPA's: (1) policy initiatives regarding outdoor air pollution, (2) recent statements on indoor air quality issues and (3) internal and external political pressures. Even if the EPA does not gain control, it is likely that some other agency will apply EPA-type regulations.Agency Turf Battles. The EPA is trying to extend its regulatory authority over indoor air pollution (Senate Bill S455 is a product of this effort), which is now the primary responsibility of OSHA. Such attempts on the part of federal agencies to expand their authority are common and stem from their desire for increased budgets. OSHA is responding with more aggressive regulations of its own. "Smoking is a problem in only 2 percent of buildings." The Antismoking Lobby. To gain political support for more control over indoor air, the EPA has found it convenient to single out tobacco smoke as the major source of indoor pollution.56 Yet the antismoking concern is misdirected. When it is being candid, the EPA recognizes that indoor air pollution is best addressed as a broad problem.57 And even if it did make sense to focus attention on particular pollutants, tobacco smoke would be a low priority.58
"Every $1 billion of regulation is likely to cost 193 lives." "The risk would be greatest for the lowest paid employees."
ConclusionSpurred by market incentives, the private sector is solving the problems of indoor air pollution. Because in most cases the problems are caused by poor ventilation, many building managers are finding that improved ventilation pays for itself - through increased worker productivity and reduced risk of lawsuits. Market incentives have also induced inventors to devise new, cost-effective ways of improving air quality, including the use of ordinary house plants to remove toxins from the air.A reasonable public policy is to encourage the private sector to continue seeking cost-effective solutions. For if we allow government to regulate indoor air the way it regulates outdoor air, the results would be devastating to the real estate industry and to workers in many industries - workers who would suffer from income reductions, lost job opportunities and even higher mortality rates. NOTE: Nothing written here should be construed as necessarily reflecting the views of the National Center for Policy Analysis or as an attempt to aid or hinder the passage of any bill before Congress. | |