Footnotes

2For a general review of the literature on methylene chloride, see U.S. Environmental Protection Agency, Health Assessment Document for Dichloromethane (methylene chloride), Final Report, February 1985. EPA/600/8-82/004F; U.S. Environmental Protection Agency, "Initiation of Regulatory Investigation for Methylene Chloride," Federal Register 201 (1985), pp. 42037-47; U.S. Consumer Product Safety Commission, "Household Products Containing Methylene Chloride: Status as Hazardous Substances," Federal Register 51 (161) (1986), pp. 29778-809. back

3 Bruce N. Ames, Renae Magae, Lois Swirsky Gold, "Ranking Possible Carcinogenic Hazards," Science, Vol. 236, April 17, 197, pp. 271-280.back

4 See National Research Council (NRC), Committee on Indoor Pollutants, Indoor Pollutants (Washington, DC: National Academy Press, 1981), p. 20. See also W. Wade, W. A. Cote and J. E. Yocom, "A Study of Indoor Air Quality," Journal of the Air Pollution Control Association, Vol. 25, No. 9, 1975, pp. 933-39; and J. Yocom, "Indoor-Outdoor Air Quality Relationships," Journal of the Air Pollution Control Association, Vol. 32, No. 5, 1982, pp. 500-520.back

5 This 1988 EPA study is discussed by Gray Robertson, "The Role of Ventilation in Controlling Indoor Air Quality," manuscript, ACVA Atlantic Inc. (now Healthy Buildings International, Inc.), Fairfax, VA, 1988. back

6 See Richard L. Stroup and John C. Goodman, "Making the World Less Safe: The Unhealthy Trend in Health, Safety and Environmental Regulation," National Center for Policy Analysis, NCPA Policy Report No. 137, April 1987. back

7 Ibid.back

8 See J. M. Barbaree, Controlling Legionella in Cooling Towers: Factors Affecting the Transmission of Legionella from Aerosol-Emitting Equipment to People Are Described," ASHRAE Journal, June 1991, pp. 34-42; M. O’Mahony, A. Lakhani, A. Stephens, J. G. Wallace, E. R. Youngs and D. Harper, "Legionnaires’ Disease and the Sick-Building Syndrome," Epidemic Information, Vol. 103, 1989, pp. 285-92; E. J. Bardana, Jr., A. Montanaro and M. T. O’Hollaren, "Building-Related Illness: A Review of Available Scientific Data," Clinical Reviews in Allergy, Vol. 6, 1988, pp. 61-89; and H. A. Burge and M. Hodgson, "Health Risks of Indoor Pollutants," ASHRAE Journal, Vol. 30, 1982, pp. 34-35, 38. back

9 U.S. Environmental Protection Agency, The Inside Story: A Guide to Indoor Air Quality (Washington: EPA, September, 1988), p. 27 back

10 Robert Axlerad, "Economic Implications of Indoor Air Quality and Its Regulation and Control," in NATO/CCMS Pilot Study on Indoor Air Quality: The Implications of Indoor Air Quality for Modern Society, Report on meeting in Erice, Italy, February 1989, pp. 89-116. back

11 See Sterling and Kleven, "The Epidemiology of ‘Sick Public Buildings’ " and Sterling, "Building Architecture and Building Air Quality." back

12 "EPA Implicated in SBS Lawsuit," Air Conditioning, Heating and Refrigeration News, November 4, 1991. back

13 Charles Hardy, "Indoor Pollution Targeted by Feds," San Francisco Examiner, October 6, 1991; and Charles Hardy, "Victim’s Family Seeks Damages," San Francisco Examiner, September 25, 1991. back

14 Ralph Wakley, "Only One Case of Disease Confirmed," (Ogden, UT) Standard - Examiner, October 27, 1991. back

15 Art Charlton, "Pollution Agency Ponders Building," (Newark) Star Ledger, October 17, 1991. back

16 P. Binnie, "The Role of Ventilation in Controlling the Quality of Indoor Air, Including ETS," in A. Armitage, ed., Other People’s Tobacco Smoke (East Yorkshire, U.K.: Galen Press, 1991), pp. 159-72. back

17 See James E. Woods, "Cost Avoidance and Productivity in Owning and Operating Buildings," Occupational Medicine, Vol. 4, No. 4, Oct.-Dec. 1989, p. 760. back

18 See "Outside Counsel," New York Law Journal, September 10, 1991. back

19 J. Melius et al., "Indoor Air Quality — The NIOSH Experience," Ann Am Conf Gov Ind Hyg, Vol. 10, 1984, pp. 3-7; G. Robertson, "Source, Nature and Symptomology on Indoor Air Pollutants," in R. Perry and P. Kirk, eds., Indoor and Ambient Air Quality (London: Selper Ltd., 1988), pp. 311-19; J. Kirkbride, Sick Building Syndrome: Causes and Effects (Ottawa, Canada: Health and Welfare Canada, October 24, 1985); C. Collett et al., "A Database of Problem Buildings: Learning by Past Mistakes," in C. Bieva et al., eds, Present and Future of Indoor Air Quality (Amsterdam: Elsevier, 1989), pp. 413-419. Also T. Sterling and E. Sterling, “Investigations on the Effect of Regulating Smoking on Levels of Indoor Pollution and on the Perception of Health and Comfort of Office Workers," in R. Rylander, Y. Peterson and M.C. Snella, eds., ETS - Environmental Tobacco Smoke: Report from a Workshop on Effects and Exposure Levels, published simultaneously in European Journal of Respiratory Diseases, Supplement No. 133, Vol. 65, 1984, pp. 17-31; T. Sterling et al., "Environmental Tobacco Smoke and Indoor Air Quality in Modern Office Work Environments," Journal of Occupational Medicine, Vol. 29, No. 1, 1987, pp. 57-62; J. Kirkbride et al., "Health and Welfare: Canada’s Experience in Indoor Air Quality Investigation," in Indoor Air ‘90: Proceedings of the Fifth International Conference on Indoor Air Quality and Climate, Toronto, Canada, July 29-August 3, 1990, Vol. 5, pp. 99-106; U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control, National Institute for Occupational Safety and Health, Division of Standards Development and Technology Transfer, "The NIOSH Approach to Conducting Indoor Air Quality Investigations in Office Buildings," Indoor Air Quality Selected References, September 1989; and S. Turner, and P. Binnie, "An Indoor Air Quality Survey of Twenty-Six Swiss Office Buildings," in Indoor Air ‘90, Vol. 4, pp. 27-32. back

20 E. J. Bardana, Jr., A. Montanaro and M. T. O’Hollaren, "Building-Related Illness," Table 4, p.78. back

21 Testimony of Paul A. Cammer, Business Council on Indoor Air, before the Subcommittee on Health and Safety of the Committee on Education and Labor, U.S. House of Representatives, July 1991, p. 2. back

22 General Accounting Office (GAO) Report to the Chairman, Subcommittee on Superfund, Ocean and Water Protection, Committee on Environment and Public Works, U.S. Senate, Indoor Air Pollution: Federal Efforts Are Not Effectively Addressing a Growing Problem, October 1991, p. 22. back

23 From 5 cubic feet of outside air per minute per person (cfm/person) to 20 cfm/person. Five cfm/person was the pre-1989 ventilation standard of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) and 20 cfm/person is its current standard. back

24 See Joseph H. Eto and Cecile Meyer, "The HVAC Costs of Fresh Air Ventilation," ASHRAE Journal, September 1988, pp. 31-35. See also J. Ventesca, "Operation and Maintenance for Indoor Air Quality: Implications from Energy Simulations of Increased Ventilation," in IAQ 91: Healthy Buildings (ASHRAE Publications, 1991), pp. 375-78; and A. Willman, "Looking at the Relationship Between IAQ and Energy Costs," Indoor Air Review, Vol. 10, No. 12, November 1991. back

25 Steve LaRue, "Scientist Plants Idea of Desktop Air Cleaners," San Diego Union, November 18, 1991. back

26Stephen Strauss, "Plants May Cure Sick Buildings," (Toronto) Globe and Mail, November 1, 1991. back

27 U.S. Environmental Protection Agency, Environmental Investments: The Cost of a Clean Environment, February 1991. Cited in Inside EPA, February 8, 1991, p.1. back

28 U.S. Environmental Protection Agency, Unfinished Business: A Comparative Assessment of Environmental Problems, 1987. back

29 K. Landy, Marc J. Roberts and Stephen R. Thomas, The Environmental Protection Agency: Asking the Wrong Questions (New York: Oxford University Press, 1990). back

30 The broad outlines of EPA policy are determined by Congress, but the EPA has significant influence on pollution control legislation and can exercise significant discretion within the boundaries established by that legislation. back

31 When the EPA attempted to reduce emissions of sulfur oxides by loosening the stack scrubber standards, the agency was immediately sued by environmental organizations for failing to properly enforce government regulations. See Robert Crandall, "Why is the Cost of Environmental Regulation So High?", Policy Study 110, Center for the Study of American Business, Washington University, St. Louis, MO, February 1992. The 1990 Clean Air Act amendments ostensibly encourage a market for the right to pollute, giving electric utilities greater flexibility in how they meet federal standards. Unfortunately, the legislation contains exemptions, restrictions and promised subsidies that favor the continued use of high sulfur coal and stack scrubbers. See James L. Johnston, "A Market Without Rights: Sulfur Dioxide Emissions Trading," Regulation, Fall 1991, pp. 24-29. back

32 These studies considered air pollution control costs in different industries, in different locations, with different pollutants. back

33 Expert panel on the role of science at the EPA, Safeguarding the Future: Credible Science, Credible Decisions (Washington, DC: Environmental Protection Agency, March 1992). back

34 EPA Watch, Vol. 1, No. 3, March 31, 1992. back

35 See Frederick Rueter and Wilbur Steger, "Air Toxics and Public Health," Regulation Magazine, Cato Institute, Winter 1990; and Lester Lave, How Safe Is Safe Enough? Setting Safety Goals, 1990, Center for the Study of American Business, Washington University, St. Louis, MO. back

36 Reported by Warren Brookes, personal communication. back

37 A study by Oxford professors Richard Doll and Richard Peto, commissioned by the Office of Technology Assessment, examined U.S. national cancer mortality records from 1933 to 1978 and found that only approximately 2 percent of all cancers are caused by environmental contamination or pollution. See Doll and Peto, "The Causes of Cancer: Quantitative Estimates of Avoidable Risks of Cancer in the United States Today," Journal of the National Cancer Institute, Vol. 66, No. 6, 1191-1308, June, 1981. The EPA’s own findings via toxicological risk assessment corroborate Doll and Peto’s analysis. According to the EPA, only between 1 and 3 percent of all cancers are caused by "pollution." See EPA, Unfinished Business. The EPA figures were extrapolated in Michael Gough, "Estimating Cancer Mortality," Environmental Science & Technology, August 1989, p. 925. back

38 Rueter and Steger, "Air Toxics and Public Health." back

39 "Air Toxic Madness," Executive Alert, Vol. 4, No. 3, May/June 1990, p. 5. back

40 Rueter and Steger, "Air Toxics and Public Health." back

41 Ibid. back

42 Source: John F. Morrall, III, "A Review of the Record," Regulation, Vol. 10, No. 2, 1986, p. 30. Updated in Richard B. Belzer, "Regulating Risk: An OMB Perspective." Paper presented to National Safety Council Conference on "Regulating Risk: The Science and Politics of Risk," June 24, 1991. back

43 See Aaron Wildavsky, Searching for Safety (New Brunswick, N.J.: Transaction Publishers, 1988), Ch. 3. back

44 Ralph L. Keeney, "Mortality Risks Induced by Economic Expenditures," Risk Analysis, Vol. 10, No. 1, 1990, pp. 147-59. Numbers in the text are updated to reflect 1991 prices. back

45 The motivation to respond appropriately to the demand for indoor air quality from an informed public is obviously stronger in the case of privately owned buildings and businesses than in the case of government buildings. In the former case, it is more likely that the person in the best position to respond will lose income if he or she does not. While it may be reasonable for government to impose specific air quality standards in its own buildings, it may be unreasonable for them to do so in privately owned buildings. back

46 ANSI/ASHRAE Standard 62-189 (1990). back

47 See W. R. Solomon, "Airborne Microbial Allergens: Impact and Risk Assessment," Toxocology and Industrial Health, Vol. 6, 1990, pp. 309-24; M. J. Finnegan and C. A. C. Pickering, "Review: Building Related Illness, Clinical Allergy, Vol. 16, 1986, pp. 389-495; R. Rylander, S. Sorenson, H. Goto, K. Yuasa and A. Tanaka, "The Importance of Endotoxin and Glucan for Symptoms in Sick Buildings," in C. J. Bieva, Y. Courtois and M. Govaerts, eds., Present and Future of Indoor Air Quality (Amsterdam: Elsevier, 1989), pp. 219-26; and A. Gravesen, L. Larsen, F. Gyntelberg and P. Skov, "Demonstration of Microorganisms and Dust in Schools and Offices: An Observational Study of Non-Industrial Buildings," Allergy, Vol. 41, 1986, pp. 520-25. back

48 See Robertson, "The Role of Ventilation in Controlling Indoor Air Quality." back

49 In this section, the cost of indoor air regulation is treated as equivalent to a head tax — one which falls equally on all employees. This assumption may not be precisely correct. For example, higher paid employees may have larger offices and therefore the cost of clean air may rise somewhat with employee income. On the other hand, the air space in which lower income employees work may be more polluted and more costly to clean up. In general, however, the cost to an employer will rise proportionately with the amount of space, and the amount of space will tend to increase proportionately with the number of employees — regardless of the salaries of those employees. The cost of clean air, therefore, is probably more related to the number of employees than it is to employee income. back

50 In this respect, a mandated clean air requirement is similar to a mandated fringe benefit such as health insurance or day care. The mandate is imposed on the employer, but the cost of the mandate is financed by lower take-home pay. back

51 Calculated. back

52 See the review of the literature in Keeney, "Mortality Risks Induced by Economic Expenditures." back

53 See Ann Gibbon, "Does War on Cancer Equal War on Poverty?", Science, Vol. 253, No. 5017, 1991, p. 260. back

54 Journal of the National Cancer Institute, Vol. 83, No. 8, April 17, 1991. back

55 Among other changes, the Tax Reform Act of 1986 increased the maximum capital gains tax rate by 40 percent, lengthened depreciation schedules by a third and imposed severe "passive loss" restrictions on investors. back

56 See Albert Karr and Rose Gutfield, "OSHA Inches Toward Limiting Smoking," Wall Street Journal, January 16, 1992, p. B1. back

57 For example, in its 1989 Report to Congress, the EPA stated that "more can be done to reduce overall exposures and risks by altering building designs and ventilation patterns than by approaching the problem source-by-source or pollutant-by-pollutant." Environmental Protection Agency, Report to Congress on Indoor Air Quality, Vol. III, Indoor Air Research Needs, p. 3. back

58 C. J. Proctor, N.D. Warren, M. A. J. Bevan, "Measurements of Environmental Tobacco Smoke in an Air-conditioned Office Building," Environmental Technology Letters, Vol. 10, 1989, pp. 1003-18; B. D. Cox and M. J. Whichelow, "Carbon Monoxide Levels in the Breath of Smokers and Nonsmokers: Effect of Domestic Heating Systems," Journal of Epidemiology and Community Health, Vol. 39, 1985, pp. 75-78; B. W. Good et al., "Effect of Cigarette Smoking on Residential No. 2 Levels, " Environment International, Vol. 8, 1982, pp. 167-75; T. Godish, "Formaldehyde Exposures from Tobacco Smoke: A Review," American Journal of Public Health, Vol. 79. No. 8, 1989, pp. 1044-45; J. F. Pedelty and L. C. Holcomb, "A Computer Simulation of Indoor Air Quality Which Models Changes in Point Sources and Ventilation," Environmental Technology, Vol. 11, 1990, pp. 1053-62; M. D. Lebowitz et al., "Respiratory Symptoms and Peak Flow Associated with Indoor and Outdoor Air Pollutants in the Southwest," Journal of the Air Pollution Control Association, Vol. 35, No. 11, 1985, pp. 1154-58; M. D. Lebowitz, "The Effects of Environmental Tobacco Smoke Exposure and Gas Stoves on Daily Peak Flow Rates in Asthmatic and Non-asthmatic Families," in R. Rylander, Y. Peterson and M. C. Snella, eds., ETS-Environmental Tobacco Smoke: Report from a Workshop on Effects and Exposure Levels, University of Geneva, Switzerland, March 15-17, 1983, pp. 90-97; G. Stehlik et al., "Concentration of Dimethylnitrosamine in the Air of Smoke-filled Rooms," Ecotoxicology and Environmental Safety, Vol. 6, 1982, pp. 495-500; F. Adlkofer et al., "Significance of Exposure to Benzene and Other Toxic Compounds through Environmental Tobacco Smoke," Journal of Cancer Research and Clinical Oncology, Vol. 116, 1990, pp. 591-98; T. Godish, "Residential Formaldehyde: Increased Exposure Levels Aggravate Adverse Health Effects," Journal of Environmental Health, Vol. 53, No. 3, 1990, pp. 34-35; and C. J. Proctor, "The Analysis of the Contribution of ETS to Indoor Air," in R. Perry and P. Kirk, eds., Indoor and Ambient Air Quality (London: Selper Ltd., 1988), pp. 57-66. back

59 See Bardana, Montanaro and O’Hollaren, "Building-Related Illness," p. 78. back

60 See Gray Robertson, "Indoor Pollution: Sources, Effects and Mitigation Strategies," in Donald J. Ecobichon and Joseph M. Wu, eds., Environmental Tobacco Smoke: Proceedings of the International Symposium at McGill University (Lexington, MA: Lexington Books, 1990), pp. 333-55. back

61 As observed by Gray Robertson, whose company specializes in maintaining the indoor air quality in commercial buildings, "In reality, environmental tobacco smoke is merely a symptom of an invisible problem, not a cause. Without question, the leading cause of sick buildings is inadequate ventilation. If visible pollutants like smoke accumulate inside a building, so too do pollutants that are invisible." See Robertson, "Indoor Pollution," p. 333.back