Federal Programs Related to Indoor Pollution by Chemicals
Congressional research reportAug 20, 2012
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Federal Programs Related to
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Specialist in Environmental Policy
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August 20, 2012
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R42620
CRS Report for Congress
Prepared for Members and Committees of Congress
Federal Programs Related to Indoor Pollution by Chemicals
Summary
“Toxic” drywall, formaldehyde emissions, mold, asbestos, lead-based paint, radon, PCBs in
caulk, and many other indoor pollution problems have concerned federal policy makers and
regulators during the last 30 years. Some problems have been resolved, others remain of concern,
and new indoor pollution problems continually emerge. This report describes common indoor
pollutants and health effects that have been linked to indoor pollution, federal statutes that have
been used to address indoor pollution, key issues, and some general policy options for Congress.
Indoor pollutants are chemicals that are potentially harmful to people and found in the habitable
portions of buildings, including homes, schools, offices, factories, and other public gathering
places. Some indoor pollutants, like lead or ozone, are also outdoor pollutants. Others, like
formaldehyde or asbestos, are primarily indoor pollutants. Indoor pollutants may be natural (for
example, carbon monoxide or radon) or synthetic (polychlorinated biphenyls [PCBs]), and may
originate indoors or outdoors. They may be deliberately produced, naturally occurring, or
inadvertent byproducts of human activities. For example, they may arise indoors as uncontrolled
emissions from building materials, paints, or furnishings, from evaporation following the use of
cleaning supplies or pesticides, or as a combustion byproduct as a result of heating or cooking.
Some pollution that originates outdoors infiltrates through porous basements (e.g., radon) or is
inadvertently brought into indoor spaces, perhaps through heating or air conditioning systems or
in contaminated drinking water. Often pollutants accumulate indoors as a result of deliberate
improvements to increase energy efficiency, for example by reducing building permeability to air.
The health risks posed by indoor pollutants have concerned scientists for many years. Because
people spend a high percentage of their time indoors, and concentrations of pollutants often are
higher in indoor air than outdoor air, the risks due to exposure can be higher than many other
environmental risks. Moreover, a 2011 report by the Institute of Medicine warns that many indoor
environmental quality problems might get worse if adaptations to climate change are made
without better information and programs aimed at pollution prevention.
No federal agency has broad authority concerning pollution indoors. Nonetheless, numerous
federal agencies have some authority to control particular indoor pollutants or sources of
pollution or the quality of indoor environments in a particular class of structures. For example,
the U.S. Environmental Protection Agency (EPA) has authority under the Toxic Substances
Control Act (TSCA) to study and issue safety guidelines for radon and lead-based paint hazards.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
authorizes EPA also to respond to releases of hazardous substances into the outdoor environment
which may migrate indoors. The Consumer Product Safety Commission (CPSC) has authority to
set emission limits for, and to restrict uses of, certain chemicals in consumer products. The
Department of Housing and Urban Development (HUD) and the General Services Administration
(GSA) regulate some indoor pollutants in federal buildings. These and other agencies have
conducted research to examine the risks of various indoor pollutants.
Concerns about coordination of federal efforts to address indoor pollution have been expressed by
the general public, the U.S. Government Accountability Office (GAO), and the U.S. Congress.
But any federal response to indoor pollution is complicated by the need to coordinate with local
and state governments as well to address potentially overlapping jurisdictions and resources.
Options for Congress range from maintenance or improvement of the status quo to reduction or
expansion of federal involvement in research, information dissemination, or regulation.
Congressional Research Service
Federal Programs Related to Indoor Pollution by Chemicals
Contents
Introduction...................................................................................................................................... 1
Indoor Pollutants and Health Concerns ........................................................................................... 1
Combustion Byproducts ............................................................................................................ 2
Radon Gas ................................................................................................................................. 3
Asbestos..................................................................................................................................... 3
Lead ........................................................................................................................................... 3
Formaldehyde, PCBs, and other Industrial Chemicals.............................................................. 3
Pesticides ................................................................................................................................... 4
Federal Authorities and Programs.................................................................................................... 4
Environmental Protection Agency............................................................................................. 5
Toxic Substances Control Act (15 U.S.C. 2601 et seq.)...................................................... 5
Title I, General Authorities over Toxic Substances....................................................... 5
Title II, Asbestos Hazard Emergency Response Act (AHERA).................................... 6
Title III, Indoor Radon Abatement................................................................................ 7
Title IV, Lead Exposure Reduction ............................................................................... 8
Title V, Reducing Risks in Schools............................................................................... 8
Title VI, Limiting Formaldehyde Emissions................................................................. 9
Comprehensive Environmental Response, Compensation, and Liability Act (42
U.S.C. 9601 et seq.) ......................................................................................................... 9
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.)................................. 11
Radon Gas and Indoor Air Quality Research Act (42 U.S.C. 7401 note) ......................... 12
Safe Drinking Water Act (42 U.S.C. 300f-300j-25) .......................................................... 13
Clean Air Act (42 U.S.C. 7401 et seq.) ............................................................................. 13
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y) ...................... 13
Atomic Energy Act (42 U.S.C. 2011 et seq.) .................................................................... 14
Agency for Toxic Substances and Disease Registry................................................................ 14
Consumer Product Safety Commission................................................................................... 15
Department of Defense............................................................................................................ 16
Department of Energy ............................................................................................................. 17
Energy Conservation and Production Act (ECPA, 42 U.S.C. 6801 et seq.)...................... 17
Cleanup of Environmental Contamination........................................................................ 18
DOE Research and Development...................................................................................... 19
Department of Health and Human Services (HHS)................................................................. 21
General Services Administration ............................................................................................. 23
Department of Housing and Urban Development ................................................................... 25
Occupational Safety and Health Administration ..................................................................... 26
Office of the Federal Environmental Executive ...................................................................... 27
Other Federal Agencies and the Interagency Committee on Indoor Air Quality..................... 27
Department of Transportation ........................................................................................... 27
Department of Homeland Security.................................................................................... 27
Access Board..................................................................................................................... 28
Tennessee Valley Authority ............................................................................................... 28
Architect of the Capitol ..................................................................................................... 28
Department of Commerce ................................................................................................. 29
Department of Agriculture ................................................................................................ 29
Committee on Indoor Air Quality ..................................................................................... 30
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Federal Programs Related to Indoor Pollution by Chemicals
State and Local Programs ........................................................................................................ 31
Issues.............................................................................................................................................. 31
Adequacy and Efficacy of Federal Actions ............................................................................. 31
Federal, State, and Local Responsibilities............................................................................... 34
Options........................................................................................................................................... 35
Improving on the Status Quo................................................................................................... 35
Reducing the Federal Role ...................................................................................................... 36
Increasing the Federal Role ..................................................................................................... 37
Contacts
Author Contact Information........................................................................................................... 38
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Federal Programs Related to Indoor Pollution by Chemicals
Introduction
“Toxic” drywall, formaldehyde emissions, mold, asbestos, lead-based paint, radon, PCBs in
caulk, and many other indoor pollution problems have concerned scientists, federal policy
makers, and regulators during the last 30 years. Some problems have been resolved, others
remain of concern, and new indoor pollution problems continually emerge, often unexpectedly.
Because people spend a high percentage of their time indoors, and concentrations of pollutants
often are higher in indoor air than outdoors, the human health risks indoors generally can be
greater relative to risks from exposure to pollutants in the ambient (i.e., outdoor) air.1 In 1987,
indoor air quality was identified by EPA scientists as one of the greatest sources of environmental
risk to human health.2 EPA’s Science Advisory Board, an independent body of experts, reviewed
and endorsed this comparative risk ranking and in 1990 called upon the agency to give a higher
priority to funding such high-risk environmental problems.3 In 1997, the Presidential and
Congressional Commission on Risk Assessment and Risk Management again considered the
relative risks presented by various environmental problems and concluded that indoor pollution
could pose a substantial public health risk.4 In 2011, a report by the Institute of Medicine warned
that many indoor air quality problems might get worse if adaptations to climate change are made
without better information and programs aimed at pollution prevention.5 For example, methods to
make homes better insulated and more energy efficient may result in less circulation with outdoor
air, potentially increasing indoor concentrations of pollutants unless effective filtration or
treatment technologies can be incorporated.
This report describes common indoor pollutants, discusses federal statutes that have been used to
address indoor pollution, and analyzes key issues surrounding some general policy options for
federal policy makers. The focus is on indoor chemical contaminants, rather than on temperature,
humidity, or pollution from animals, fungal or bacterial organisms, or plant pests.6
Indoor Pollutants and Health Concerns
Indoor pollutants are chemicals that are potentially harmful to people and may be found in the
habitable portions of buildings, including homes, schools, offices, factories, and other public
gathering places. Indoor pollutants are many and varied. Many exposures may be through indoor
1
Committee on the Effect of Climate Change on Indoor Air Quality and Public Health, Institute of Medicine, Climate
Change, the Indoor Environment, and Health, prepublication copy, National Academy Press, p. 1-1,
http://www.nap.edu/catalog.php?record_id=13115.
2
U.S. EPA, Office of Policy Analysis. Unfinished Business: A Comparative Assessment of Environmental Problems.
Washington, U.S. Environmental Protection Agency, February 1987. p. Xlll.
3
EPA Science Advisory Board, Reducing Risk: Setting Priorities and Strategies for Environmental Protection
(September 1990).
4
The Presidential and Congressional Commission on Risk Assessment and Risk Management, Risk Assessment and
Risk Management in Regulatory Decision-Making, 2 Vols. (January 29, 1997).
5
Ibid.
6
Mold toxins are not discussed in this report, although, like pollen, they may be considered indoor air pollutants.
Because they are naturally occurring and of biological origin, federal agencies do not generally attempt to control them
through regulation. Several agencies, such as EPA and CDC, do conduct research on occurrence, cause, and potential
health effects of these contaminants and provide information about them to the public on the internet.
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air. Some substances, like lead or ozone, are also ambient (outdoor) air pollutants. Others, like
formaldehyde or asbestos, may be found either indoors or out, but are most often of concern when
found at unhealthful concentrations indoors. Indoor pollutants may be natural (for example,
carbon monoxide or radon) or synthetic (such as polychlorinated biphenyls [PCBs]), may
originate indoors or outdoors, and may be deliberately produced, naturally occurring, or
inadvertent byproducts of human activities. People may be exposed to indoor contaminants in the
air, tap water, or dust by inhalation, skin contact, or mouth.
Some examples of common indoor pollutants are discussed below.
Combustion Byproducts
Some indoor pollution originates indoors as a result of fuel combustion for home heating or
cooking.7 Fuel type, combustion efficiency, and ventilation affect the nature and extent of
pollutant emissions and accumulations. Pollutants produced by combustion include smoke and
carbon monoxide.
Smoke contains a number of potentially harmful gases and small particles which may aggravate
asthma and other health conditions.8 In developing countries, indoor smoke is a major concern.
According to the World Health Organization (WHO), “[i]ndoor air pollution generated largely by
inefficient and poorly ventilated stoves burning biomass fuels such as wood, crop waste and
dung, or coal—is responsible for the deaths of an estimated 2 million people annually.”9
Indoor combustion also is a concern in the United States, especially in homes without adequate
furnaces where people may rely upon unvented space heaters or other devices to keep warm.
Indoor combustion also is particularly common in the United States during emergencies when
electricity or vented equipment may become unavailable, prompting residents to run generators
indoors or to heat or cook with unvented portable devices such as barbeque grills. Accumulation
of carbon monoxide, which is a colorless and odorless gas, is responsible for numerous deaths
annually in the United States.10
Smoking that produces environmental tobacco smoke is another source of indoor air pollution.
The respiratory tracts of young children are especially vulnerable to infections as a result of
exposure to secondhand smoke.11
7
EPA, “An Introduction to Indoor Air Quality: Carbon Monoxide,” http://www.epa.gov/iaq/co.html.
EPA, Region 10: the Pacific Northwest, “Health Effects of Fine Particles and Smoke,” http://yosemite.epa.gov/R10/
AIRPAGE.NSF/webpage/Health+Effects+of+Fine+Particles+and+Smoke.
9
WHO, “Global Health Risks: Mortality and Burden of Disease Attributable to Selected Major Risks,” WHO, Geneva,
2009, http://www.who.int/healthinfo/global_burden_disease/GlobalHealthRisks_report_Front.pdf. http://www.who.int/
heli/risks/indoorair/indoorair/en/index.html.
10
According to the Consumer Product Safety Commission, on average 184 deaths occurred accidentally due to carbon
monoxide poisoning 2004-2007. Matthew V. Hnatov, 2011, Non-Fire Carbon Monoxide Deaths Associated with the
Use of Consumer Products, 2007 Annual Estimates, http://www.cpsc.gov/library/foia/foia11/os/co10.pdf.
11
EPA, “Health Effects of Exposure to Secondhand Smoke,” October 3, 2010, http://www.epa.gov/smokefree/
healtheffects.html.
8
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Radon Gas
Radon is a naturally occurring, extremely toxic, colorless gas that is formed naturally from rocks
and soil as a result of radioactive decay of radium. Radon emissions vary widely, but high levels
of radon contamination occur in every state. Radon gas can enter homes through porous basement
walls or dissolved in drinking water from which it may escape into the air, for example, during
showering.12 Indoors, radon gas may accumulate and pose a long-term risk for lung cancer. There
is no known safe level of radon in indoor air. EPA and the Surgeon General recommend fixing a
home when the radon level is 4 picocuries per liter of air or greater. EPA recommends that every
home be tested for radon levels.13 According to EPA, exposure to radon in homes accounts for
about 20,000 lung cancer deaths annually.14
Asbestos
Asbestos is a fibrous mineral that is found in certain natural rock formations.15 It was mined and
widely used in the manufacture of fire-retardant materials, including automotive brake linings;
roof, ceiling, and floor tiles; and insulation for furnaces, air ducts, and pipes.16 As the asbestos
materials in buildings have deteriorated over time, and when they have been removed for
remodeling or otherwise disturbed, asbestos fibers have been released to indoor air. When
inhaled, such asbestos fibers have caused lung cancer and other lung diseases.17
Lead
Lead hazards are found in many homes and other buildings where lead-based paint has been
applied and is deteriorating, lead solder or plumbing contaminates drinking water, or
contaminated soil is tracked indoors. Childhood exposure to lead hazards can lead to brain and
nervous system damage, behavior and learning problems, slowed growth, hearing problems, and
headaches, according to EPA.18 Although exposure most commonly is to the lead in dust that gets
onto hands and then enters a body through the mouth, indoor air inhalation of lead also can occur,
for example, as a result of home renovation, or when contaminated outdoor air enters buildings.19
Formaldehyde, PCBs, and other Industrial Chemicals
Sometimes synthetic chemicals accumulate to noxious levels in indoor air or dust as a result of
uncontrolled emissions from building materials, paints, or furnishings, or evaporation following
12
EPA, “Radon,” August 12, 2011, http://www.epa.gov/radiation/radionuclides/radon.html#contact.
EPA, “What Is Radon?” October 14, 2010, http://iaq.supportportal.com/ics/support/kbAnswer.asp?deptID=23007&
task=knowledge&questionID=22510.
14
EPA, “Living Healthy and Green Starts from the Ground Up,” August 8, 2011, http://www.epa.gov/radon/
index.html.
15
EPA, “Naturally Occurring Asbestos,” June 7, 2010, http://www.epa.gov/asbestos/pubs/clean.html.
16
EPA, “Asbestos,” April 18, 2011, http://www.epa.gov/asbestos/.
17
Ibid.
18
EPA, “Lead in Paint, Dust, and Soil: Basic Information,” August 16, 2011, http://www.epa.gov/lead/pubs/
leadinfo.htm#health.
19
Ibid.
13
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the use of cleaning supplies.20 Other synthetic chemicals may be inadvertently released (e.g., an
ozone-producing machine may be used to “freshen” air). Still other indoor pollution originates
outdoors but intrudes into homes, for example as contaminated air infiltrates through porous
basement walls or is brought into the home through heating or air conditioning systems, or as
contaminated drinking water. Outdoor contamination which migrates into the indoor air through
groundwater and soil beneath homes and buildings often is referred to as “vapor intrusion.”
Prominent examples of industrial pollutants that have been found indoors include formaldehyde,
which is emitted to air from some composite wood products; PCBs released from deteriorating
caulk, paints, coatings, or plastics; and contamination from dry cleaning solvents, such as
trichloroethylene (TCE) or perchloroethylene (PERC), which have migrated indoors through
vapor intrusion at many sites. There also has been increasing attention to the potential risks of
indoor exposure to perchlorate contamination through vapor intrusion or groundwater sources
used for drinking water supplies. Perchlorate is a substance commonly used in solid propellants in
military munitions and commercial fireworks.
Pesticides
Pesticides released within buildings or around the foundation of buildings also may be indoor
contaminants. Termiticides, insecticides, flea foggers, and roach or rodent control products are
particularly common sources of toxic chemicals indoors. Even years after use, some of these
products may persist where sunlight and rain cannot reach them. For example, scientists found
relatively high levels of DDT in indoor dust samples taken in Cape Cod recently.21
Federal Authorities and Programs
No federal agency has broad statutory authority concerning pollution indoors. On the other hand,
numerous federal agencies (at least 23 in spring 2012) have some authority to conduct research or
to control particular indoor pollutants, sources of pollution, or environmental quality in particular
structures. For example, the EPA has some authority under the Toxic Substances Control Act
(TSCA) to address asbestos in schools; building standards, testing, and research related to radon;
and lead-based paint hazards in housing. Key agencies and authorizing statutes are briefly
described below. For more information about the authorities and activities of federal agencies
with respect to indoor air quality, see EPA’s 1989 Report to Congress on Indoor Air Quality,
Volume 2, chapter 8.22 For additional background information about the research conducted by
federal agencies, see the 1999 report by the U.S. General Accounting Office (GAO, now the
Government Accountability Office), Indoor Pollution: Status of Federal Research Activities,
GAO-RCED-99-254.23 A more recent summary of federal research and development and outreach
activities related to indoor environments is available in Report of the Surgeon General’s
20
John D. Spengler, “Overview,” In: Report of the Surgeon General’s Workshop on Healthy Indoor Environment,
January 2005, Department of Health and Human Services, p. 4-5.
21
Ibid.
22
EPA, “Report to Congress on Indoor Air Quality: Volume II - Assessment and Control of Indoor Air Pollution,
1989,” EPA/400/1-89/001C. Hereafter EPA Report to Congress, Vol. II.
23
GAO, “Indoor Pollution: Status of Federal Research Activities,” GAO-RCED-99-254.
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Workshop on Healthy Indoor Environment, January 12-13, 2005.24 Information is also available
on agency websites. For direct links to some agencies’ indoor environmental quality programs,
visit http://www.epa.gov/iaq/ciaq/members.html.
Environmental Protection Agency
The origin of the Environmental Protection Agency (EPA) is rooted in a reorganization of the
executive branch under the Nixon Administration. In Reorganization Plan No. 3 of 1970,
President Nixon proposed the establishment of EPA to integrate the administration of numerous
federal pollution control laws that had been carried out by several federal agencies.25 This plan
was part of a broader effort to reorganize an array of environmental responsibilities of many
federal agencies. The Nixon Administration created EPA through this reorganization with
congressional approval under procedures established in the Reorganization Act of 1949, as
amended.26 This reorganization provided the administrative framework for the creation of EPA.
However, numerous federal environmental laws actually provide the statutory authority for the
agency to carry out its overall mission to protect human health and the environment, with each
law authorizing specific responsibilities. EPA’s responsibilities generally have grown over time as
Congress has amended these laws and enacted new laws to address particular needs. EPA has
delegated the day-to-day implementation of many of these laws to the states, as provided in the
state delegation authorities of the requisite statutes.
EPA has used its various statutory authorities to address indoor pollution in numerous ways over
time. Some of EPA’s authorizing statutes also have given the agency specific authority to
characterize indoor air problems; identify, assess, and implement strategies to mitigate hazards;
and disseminate information about indoor environmental quality control.27 Selected noteworthy
statutory authorities and mandates related to indoor pollution are abstracted below.28
Toxic Substances Control Act (15 U.S.C. 2601 et seq.)
Title I, General Authorities over Toxic Substances
Title I of the Toxic Substances Control Act (TSCA) provides very broad authority to EPA to
identify and control the manufacture, distribution, and use of chemicals. This authority extends to
chemicals that may be indoor pollutants, with the exception that TSCA does not cover chemicals
regulated under other laws, such as pesticides, tobacco, nuclear material, substances subject to
24
National Institutes of Health, Bethesda, MD,HHS, http://www.ncbi.nlm.nih.gov/books/NBK44638/, visited July 19,
2012.
25
Reorganization Plan No. 3 of 1970, and President Nixon’s accompanying message submitting the plan to Congress,
are available on EPA’s website: http://www.epa.gov/aboutepa/history/org/origins/reorg.html. Section 2 of the plan
identified the individual programs and activities of federal agencies transferred to EPA. The full text of Reorganization
Plan No. 3 of 1970 also is codified in the note to 42 U.S.C. §4321. This provision is the “Congressional declaration and
purpose” of the National Environmental Policy Act (NEPA). Although Reorganization Plan No. 3 is codified in the
note to this provision, the plan was not included in NEPA itself, and NEPA did not create EPA.
26
5 U.S.C. §901 et seq.
27
EPA Report to Congress, Vol. II, p. 9-1.
28
For more information about the general statutory authorities of the federal environmental laws which EPA
administers, see CRS Report RL30798, Environmental Laws: Summaries of Major Statutes Administered by the
Environmental Protection Agency.
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certain taxes (e.g., alcohol), and food, drugs, cosmetics, and devices regulated under the Federal
Food, Drug, and Cosmetic Act.
TSCA authorizes EPA to require manufacturers to test a chemical for toxicity, and the law directs
EPA to control exposure to any chemical that poses an unreasonable risk to health or the
environment. However, before controlling risks, EPA “must weigh the reduction in risk
attributable to the regulation against the regulatory burdens to society, including costs. Further,
EPA must use the ‘least burdensome’ sanction, taking into account whether the health threat could
be eliminated or reduced to a sufficient extent under other Federal statutes.”29
Among the eight chemical substances that ever have been restricted under the general authority of
TSCA Title I (40 CFR Part 260) is the indoor pollutant asbestos, for which EPA banned all
applications that were not already in use.30 In addition, TSCA 6(e) explicitly requires EPA
regulation of polychlorinated biphenyls (PCBs). Under other TSCA authorities, EPA has gathered
data or restricted new uses for thousands of other new and existing chemicals, some of which are
actual or potential indoor pollutants.
Title II, Asbestos Hazard Emergency Response Act (AHERA)
Congress enacted Title II of TSCA, the Asbestos Hazard Emergency Response Act (AHERA), to
address asbestos hazards in schools. The law requires EPA to set standards for responding to the
presence of asbestos in schools. The standards, set at levels adequate to protect public health and
the environment, identify appropriate response actions that depend on the physical condition of
asbestos. Schools, in turn, are required to inspect for asbestos-containing material, and to develop
and implement a plan for managing any such material.
Title II requires asbestos contractors and analytical laboratories to be certified, and schools to use
certified persons for abatement work. Training and accreditation requirements also apply to
inspectors, contractors, and workers performing asbestos abatement work in all public and
commercial buildings. Other Title II requirements (such as mandates that buildings be inspected
for asbestos) have not been extended to non-school buildings.
To enforce requirements, TSCA Title II authorizes EPA to take emergency action with respect to
schools if school officials do not act to protect children. The act also authorizes citizen action
with respect to asbestos-containing material in a school and to compel action by EPA, either
through administrative petition or judicial action. Civil penalties are authorized for violations,
such as failing to conduct an inspection or to develop a school management plan.
Concern about how schools would pay for required actions was addressed in separate legislation
(the Asbestos School Hazard Abatement Act of 1984, or ASHAA, P.L. 98-377). It established a
program offering grants and interest-free loans to schools with serious asbestos problems and
demonstrated financial need. Repaid ASHAA loans are returned to an Asbestos Trust Fund to
become a dedicated source of revenues for future asbestos control projects.
29
EPA Report to Congress, Vol. II, p. 8-5.
The other seven chemicals are certain chlorofluoroalkanes (now regulated under the Clean Air Act), polychlorinated
biphenyls (PCBs), elemental mercury, lead-based paint, metalworking fluids, hexavalent chromium used to treat water
in comfort cooling towers, and dioxin (later regulated under the authority of the Clean Water Act and the Resource
Conservation and Recovery Act). Current regulations may be found at 40 CFR 763.160-179.
30
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Title III, Indoor Radon Abatement
In 1988, Congress added to TSCA a third title, Indoor Radon Abatement (15 U.S.C. 2661 et seq.,
P.L. 100-551), to provide financial and technical assistance to states that choose to support radon
monitoring and control; neither monitoring nor abatement of radon is required by the act. Title III
requires EPA to update its pamphlet A Citizen’s Guide to Radon, to develop model construction
standards and techniques for controlling radon levels within new buildings, and to provide
technical assistance to states. EPA is to provide technical assistance by establishing an
information clearinghouse; publishing public information materials; establishing a national
database of radon levels detected, organized by state; providing information to professional
organizations representing private firms involved in building design and construction; submitting
to Congress a plan for providing financial and technical assistance to states; operating cooperative
projects with states; conducting research to develop, test, and evaluate radon measurement
methods and protocols; developing and demonstrating new methods of radon measurement and
mitigation, including methods that are suitable for use in nonresidential child care facilities;
operating a voluntary program to rate radon measurement and mitigation devices and methods
and the effectiveness of private firms and individuals offering radon-related services; and
designing and implementing training seminars. In 1994, EPA promulgated final standards for the
control of radon in new residential buildings.31
In the early 1990s, the EPA proficiency rating program and certification for training programs
collected fees for service, and therefore were meant to be self-supporting, although Congress
authorized $1.5 million to be appropriated to establish these programs. The proficiency program
was privatized in 1998.
A matching grant program was established for the purpose of assisting states in developing and
implementing programs for radon assessment and mitigation, with funds targeted to states or
projects that made efforts to ensure adoption of EPA’s model construction standards and
techniques for new buildings; gave preference to low-income persons; or addressed serious and
extensive radon contamination problems or had the potential to reduce risk or to develop
innovative assessment techniques, mitigation measures, or management approaches.
Other sections of Title III require EPA to conduct a study to determine the extent of radon
contamination in schools; identify and list areas of the United States with a high probability of
having high levels of indoor radon; make grants or cooperative agreements to establish and
operate at least three regional radon training centers; and provide guidance to federal agencies on
radon measurement, risk assessment, and remedial measures. A map of radon zones in the United
States is online.32 Four regional training centers were established, but they have not received
regular federal funding in recent years.33
31
59 Federal Register 13402, March 21, 1994.
EPA, EPA Map of Radon Zones, Aug. 20, 2012, http://www.epa.gov/radon/zonemap.html.
33
Philip Jalbert, EPA Indoor Environments Division, personal communication, August 3, 2012.
32
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Title IV, Lead Exposure Reduction
The 102nd Congress added Title IV to TSCA when it enacted the Residential Lead-Based Paint
Hazard Reduction Act of 1992 as Title X in the Housing and Community Development Act of
1992 (P.L. 102-550). TSCA Title IV directs EPA to ensure that
•
people engaged in detection and control of lead hazards are properly trained and
contractors are certified;
•
the public is informed about lead hazards; and
•
there are quality controls for laboratories, laboratory methods, and commercial
products used to detect or reduce risks associated with lead-based paint.
Title IV explicitly applies these requirements to federal facilities and federal activities (including
federally funded activities) that may create a lead hazard. In addition, Congress directed EPA to
promulgate guidelines for the renovation and remodeling of buildings or other structures when
these activities might create a hazard.
Title IV authorizes states to propose programs to train and certify inspectors and contractors
engaged in the detection or control of lead-based paint hazards. States also may develop the
required informational pamphlets. TSCA requires EPA to promulgate a model state program that
may be adopted by any state. Congress gave EPA the authority to approve or disapprove
authorization for state proposals and to provide grants for states to develop and implement
authorized programs. A federal program must be established, administered, and enforced by EPA
in each state without an authorized program.
Title V, Reducing Risks in Schools
At the end of 2007, the 110th Congress added a fifth title to TSCA, subtitled Healthy HighPerformance Schools. Enacted as Title IV, Subtitle E (§461) of P.L. 110-140, the Energy
Independence and Security Act of 2007, TSCA Title V authorizes EPA to establish a state grant
program to provide technical assistance for EPA programs to schools and develop and implement
state school environmental health programs. State programs must include standards for school
building design, construction, and renovation, and identify ongoing school building
environmental problems and recommended solutions. Environmental problems specifically
mentioned in the law include “contaminants, hazardous substances, and pollutant emissions.”
EPA’s authority to provide grants expires five years after the date of enactment.
Title V requires the EPA Administrator, in consultation with the Secretary of Education and the
Secretary of Health and Human Services, to issue voluntary guidelines for selecting sites for
schools (presumably new schools), and voluntary guidelines for developing and implementing
state environmental health programs for schools. These guidelines must take into account
“environmental problems, contaminants, hazardous substances, and pollutant emissions”; natural
day lighting; ventilation; heating and cooling; moisture control and mold; maintenance, cleaning,
and pest control; acoustics; and “other issues relating to the health, comfort, productivity, and
performance of occupants of the school facilities.” In addition, Title V requires that the guidelines
provide “technical assistance on siting, design, management, and operation of school facilities”;
collaborate with children’s environmental health centers in school environmental investigations;
assist states and the public to better understand and improve the environmental health of children;
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and take into account “the special vulnerability of children in low-income and minority
communities to exposures from contaminants, hazardous substances, and pollutant emissions.”
Title VI, Limiting Formaldehyde Emissions
In July 2010, Congress enacted the Formaldehyde Standards for Composite Wood Products Act
(P.L. 111-199), adding a new Title VI to TSCA. The new title mandates specific formaldehyde
emission standards for hardwood plywood, medium-density fiberboard, and particleboard that is
sold, supplied, offered for sale, or manufactured in the United States. The standards are based on
the voluntary national formaldehyde emissions standards established by ASTM International
(formerly known as the American Society for Testing and Materials), method ASTM E-1333-96
(2002).
EPA is required to promulgate regulations ensuring compliance with the emission standards and
must include provisions relating to labeling, chain of custody requirements, sell-through
provisions; ultra low-emitting formaldehyde resins, finished goods, third-party testing and
certification; auditing and reporting of third-party certifiers; recordkeeping; enforcement,
laminated products; and exceptions for products and components containing “de minimis
amounts” of composite wood products. The new law prohibits stockpiling of products
manufactured before the effective date of the act for sale after that date. Also prohibited is any
requirement for labeling products manufactured prior to the “designated date of manufacture.”
Comprehensive Environmental Response, Compensation, and Liability Act (42
U.S.C. 9601 et seq.)
The Comprehensive Environmental Response, Compensation, and Liability Act is the primary
federal statute that authorizes EPA to respond to releases of hazardous substances into the
environment.34 CERCLA established the Hazardous Substance Superfund Trust Fund to finance
appropriations for EPA to carry out the authorities of the statute under the Superfund program.35
The program primarily focuses on the cleanup of the most hazardous sites which EPA has placed
on the National Priorities List (NPL).36 The states also participate in cleanup decisions at these
sites, and may share a portion of the cleanup costs if the responsible parties cannot be found or
cannot pay to satisfy their liability.37 EPA oversees the cleanup of federal facilities under the
Superfund program in conjunction with the states, but the agencies which administer those
facilities are responsible for performing the cleanup with their own appropriations. Most
contaminated federal facilities served national defense purposes and are administered by the
Department of Defense and the Department of Energy, discussed later in this report.
34
For a more in-depth examination of the authorities of CERCLA, see CRS Report R41039, Comprehensive
Environmental Response, Compensation, and Liability Act: A Summary of Superfund Cleanup Authorities and Related
Provisions of the Act, by (name redacted).
35
See the “Hazardous Substance Superfund Trust Fund” section in CRS Report R41039, Comprehensive
Environmental Response, Compensation, and Liability Act: A Summary of Superfund Cleanup Authorities and Related
Provisions of the Act, by (name redacted).
36
EPA also may perform more limited “removal” actions at sites not listed on the NPL to address immediate hazards.
37
As a condition for the obligation of federal Superfund appropriations, states generally must agree to pay 10% of the
costs of constructing cleanup remedies, and 100% of the costs of operating and maintaining them over the long-term.
There is no state cost-share requirement for Superfund emergency removal actions, only long-term remedial actions.
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For the purposes of CERCLA, the term “environment” is defined in the statute to encompass only
the outdoor environment (i.e., ambient air, land surface or subsurface strata, surface water, or
groundwater, including drinking water supplies).38 Although CERCLA principally applies to
releases into the outdoor environment, EPA’s policy is to apply CERCLA to a release inside a
home or a building if the release originated from an outside source and subsequently migrated
indoors presenting an exposure risk.39 Otherwise, CERCLA generally prohibits EPA from using
the authorities of the statute to respond to releases originating from, and remaining contained
within, a home or building, unless there is the potential for an indoor release to migrate outdoors
and therefore constitute a release into the environment as defined in the statute.
Section 104(a)(3) of CERCLA explicitly limits EPA’s authority to respond to releases of naturally
occurring substances (either indoors or outdoors), and to releases from structural components
within a home or building if the release would result solely in indoor exposures.40 However,
Section 104(a)(4) provides an exception if EPA determines that the hazard constitutes a public
health emergency, and no other person with the authority and capability to respond to the
emergency will do so in a timely manner.41 To date, EPA has made a public health emergency
declaration under CERCLA at one site, the Libby Asbestos Site in Montana. EPA Administrator
Lisa Jackson issued the declaration for this site on June 17, 2009, because of potential risks in
homes and buildings contaminated with vermiculite, a form of asbestos, which originated from
the Libby mine.42 As such, the Libby Asbestos Site is somewhat unique. In practice, CERCLA
most frequently has been used to respond to indoor pollution resulting from contaminated water
supplies or vapor intrusion from external sources of contamination.
As noted in the section on “Indoor Pollutants and Health Concerns,” vapor intrusion may occur
when contaminants in groundwater or soil beneath a home or building may migrate into a
structure and be released into indoor air. For example, contaminants may be released indoors if
they migrate upward from groundwater through the soil column and penetrate porous basement
floors and walls, or cracks in foundations. As the potential health risks from vapor intrusion have
received increasing attention, EPA has been considering whether to include a ranking criteria for
these risks in determining the eligibility of sites for listing on the NPL.43 Historically, there have
been no listing criteria for vapor intrusion.
Sites at which vapor intrusion is the only pathway of exposure generally have not been listed on
the NPL, making them ineligible for Superfund appropriations to pay for the long-term
remediation (as only sites listed on the NPL are eligible).44 This limitation does not apply to NPL
sites at which the responsible parties pay for the cleanup, and the sites therefore do not rely on
Superfund appropriations (including federal facilities). EPA still may use Superfund
38
42 U.S.C. §9601(8).
EPA, Office of Solid Waste and Emergency Response, OSWER Directive 9360.3-12, August 12, 1993, Response
Actions at Sites with Contamination Inside Buildings. The directive is available on EPA’s Superfund program website:
http://www.epa.gov/superfund/policy/remedy/pdfs/93-60312-s.pdf.
40
42 U.S.C. §9604(a)(3).
41
42 U.S.C. §9604(a)(4).
42
The Public Health Emergency declaration for the Libby Asbestos Site and related information is available on EPA’s
Region 8 website: http://www.epa.gov/region8/superfund/libby/phe.html.
43
EPA, “Potential Addition of Vapor Intrusion Component to the Hazard Ranking System,” 76 Federal Register 5370,
January 31, 2011. Information on the status of this effort is available on EPA’s Superfund program website:
http://www.epa.gov/superfund/sites/npl/hrsaddition.htm.
44
40 C.F.R. §300.425(b).
39
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appropriations to perform more limited emergency removal actions to respond to vapor intrusion
(or other risks), regardless of whether a site is listed on the NPL.45 While the consideration of
NPL listing criteria has been under way, EPA also has been revising its 2002 policy on evaluating
risks from vapor intrusion at sites that are eligible under the Superfund program.46 This guidance
also applies to performing site assessments under CERCLA at “brownfields” not addressed under
the Superfund program,47 and to hazardous waste sites addressed under the Resource
Conservation and Recovery Act (RCRA), discussed below.
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.)
Similar to sites addressed under CERCLA, hazardous waste sites or petroleum sites to which
RCRA applies may present risks of exposure to occupants in homes or buildings if water supplies
become contaminated or there is the potential for vapor intrusion through the migration of
contamination beneath homes or buildings. Subtitle C of RCRA authorizes “corrective actions” to
clean up contamination originating from hazardous waste facilities, and Subtitle I authorizes
corrective actions to clean up petroleum contamination caused by leaking underground storage
tanks.48 Although CERCLA does not apply to releases of petroleum,49 cleanup authorities under
CERCLA and Subtitle C of RCRA can overlap. Hazardous substances are defined in CERCLA to
include substances that meet the characteristics of hazardous wastes under Subtitle C of RCRA.50
Considering that both CERCLA and Subtitle C of RCRA may apply to the cleanup of hazardous
wastes, EPA has issued guidance that is intended to avoid potential overlap or duplication
between the two statutes.51
Subtitle C authorizes enforcement actions to require owners or operators of facilities which treat,
store, or dispose of hazardous wastes to perform corrective actions to clean up contamination
originating from those facilities. However, Subtitle C does not authorize federal funding to ensure
the performance of the cleanup if the facility owners or operators cannot pay. Rather, Subtitle C
primarily is an enforcement authority to require corrective actions that are necessary to protect
human health and the environment at active hazardous waste treatment, storage, or disposal
45
See the “Scope of Response Actions” section of CRS Report R41039, Comprehensive Environmental Response,
Compensation, and Liability Act: A Summary of Superfund Cleanup Authorities and Related Provisions of the Act, by
(name redacted).
46
The 2002 guidance and information on the status of revisions to this guidance are available on EPA’s Superfund
program website: http://www.epa.gov/oswer/vaporintrusion/index.html.
47
See the “Brownfields Properties” section of CRS Report R41039, Comprehensive Environmental Response,
Compensation, and Liability Act: A Summary of Superfund Cleanup Authorities and Related Provisions of the Act, by
(name redacted).
48
RCRA is the common reference to the Solid Waste Disposal Act. Subtitle C and Subtitle I actually are part of the
Solid Waste Disposal Act. RCRA substantially amended the Solid Waste Disposal Act in 1976 (P.L. 94-580), adding
the hazardous waste treatment, storage, and disposal authorities of Subtitle C. The Hazardous and Solid Waste
Amendments of 1984 (P.L. 98-616) added corrective action authorities to Subtitle C, and the Superfund Amendments
and Reauthorization Act of 1986 (P.L. 99-499) added Subtitle I to the Solid Waste Disposal Act to address petroleum
contamination from leaking underground storage tanks.
49
See the “Petroleum Exclusion” section of CRS Report R41039, Comprehensive Environmental Response,
Compensation, and Liability Act: A Summary of Superfund Cleanup Authorities and Related Provisions of the Act, by
(name redacted).
50
42 U.S.C. §9601(14).
51
EPA, Office of Enforcement and Compliance Assurance and Office of Solid Waste and Emergency Response,
Coordination between RCRA Corrective Action and Closure and CERCLA Site Activities, September 24, 1996,
available on EPA’s website: http://www.epa.gov/superfund/policy/remedy/pdfs/rcracorraction-mem.pdf.
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facilities regulated under Subtitle C, whereas CERCLA more broadly authorizes EPA to fund the
cleanup of hazardous substances under the Superfund program even if there are no viable
responsible parties to pursue. EPA has delegated the implementation of the hazardous waste
corrective action authorities of Subtitle C of RCRA to all but eight states, including Alaska, Iowa,
Kansas, Maryland, Mississippi, Nebraska, New Jersey, and Pennsylvania.52 In delegated states,
EPA still retains its authority to issue cleanup orders to respond to imminent hazards.53
Subtitle I of RCRA authorizes appropriations from the Leaking Underground Storage Tank
(LUST) Trust Fund to oversee and enforce corrective actions conducted by responsible parties, or
to pay for corrective actions at petroleum sites and recover the costs from the responsible parties.
If the responsible parties cannot be found or cannot pay, LUST Trust Fund appropriations may be
used to pay for the corrective actions to ensure the performance of the cleanup, similar to the
cleanup of sites without viable parties under the Superfund program. The corrective action and
enforcement authorities of Subtitle I generally are carried out by the states under cooperative
agreements with EPA, financed with appropriations from the LUST Trust Fund.54 EPA has
compiled various guidelines for evaluating risks from vapor intrusion at petroleum sites to assist
states in carrying out these agreements.55
Radon Gas and Indoor Air Quality Research Act (42 U.S.C. 7401 note)
The Radon Gas and Indoor Air Quality Research Act was enacted as Title IV of the Superfund
Amendments and Reauthorization Act of 1986 (SARA, P.L. 99-499). It directs EPA to establish a
research program to
(1) gather data and information on all aspects of indoor air quality in order to contribute to
the understanding of health problems associated with the existence of air pollutants in the
indoor environment;
(2) coordinate Federal, State, local, and private research and development efforts relating to
the improvement of indoor air quality; and
(3) assess appropriate Federal Government actions to mitigate the environmental and health
risks associated with indoor air quality problems.56
EPA is required to characterize the extent of the indoor air pollution problem; to disseminate
information on indoor air quality and solutions; to establish an advisory committee composed of
representatives of federal agencies and another of representatives of states, “the scientific
community,” industry, and public interest organizations to assist the agency in carrying out its
research program; and to report to Congress on implementation plans and activities. EPA also is
required to provide to Congress appropriate recommendations.
52
Information on EPA’s delegation of corrective action authority to the states is available on EPA’s website:
http://www.epa.gov/waste/laws-regs/state/index.htm.
53
42 U.S.C. §6973.
54
For more information, see CRS Report RS21201, Leaking Underground Storage Tanks (USTs): Prevention and
Cleanup, by (name redacted).
55
See EPA’s Office of Underground Storage Tanks, Petroleum Vapor Intrusion Compendium, available on EPA’s
website: http://www.epa.gov/oust/cat/pvi/index.htm.
56
42 U.S.C. 7401 note.
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Section 404 of Title IV specifies that it does not authorize EPA to carry out “any regulatory
program or any activity other than research, development, and related reporting, information
dissemination, and coordination activities specified in this title.”
Safe Drinking Water Act (42 U.S.C. 300f-300j-25)
Title XIV of the Public Health Service Act, also known as the Safe Drinking Water Act (SDWA),
directs EPA to regulate contaminants in drinking water to protect public health. Generally,
regulation of contaminants in drinking water is beyond the scope of this report.57 However, some
of these contaminants, such as benzene, xylene, radon, or trichloroethylene, are volatile and may
be released to indoor air, for example during showering. To address risks due to indoor air
exposure to such compounds, the EPA has cited its SDWA authority to protect against “any
adverse effect on the health of persons.”58 In March 2011, EPA announced that it would attempt to
regulate volatile organic compounds (VOCs) in drinking water as a group.59 In addition, the
SDWA specifically authorizes EPA to regulate radon to reduce indoor air levels.60
Clean Air Act (42 U.S.C. 7401 et seq.)
The Clean Air Act (CAA) does not appear to authorize any EPA activity to assess or directly
control indoor air pollution. Although “the Clean Air Act confers general responsibility to EPA to
protect the public health and welfare from air pollution,” according to EPA, “its structure and
provisions direct EPA to control air pollution outdoors.”61 The CAA nevertheless improves indoor
air indirectly when its programs lower concentrations of air pollution outdoors. For example, by
restricting emissions of volatile organic compounds (VOCs) from consumer products or
architectural coatings (defined under Section 183(e) to include paints, coatings, and solvents) in
order to reduce ozone levels in ambient air,62 EPA reduces potential sources of indoor air
pollution as well. Similarly, EPA regulation of wood stoves, to control releases of particulates to
the ambient air, may reduce indoor levels of pollution.63
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y)
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires EPA to regulate the
sale and use of pesticides in the United States through registration and labeling of pesticide
products. The sale of any pesticide is prohibited in the United States unless it is registered and
labeled. FIFRA directs EPA to restrict usage of pesticides as necessary to prevent unreasonable
adverse effects on people and the environment, taking into account the costs and benefits of
57
For more information about this act, see CRS Report RL31243, Safe Drinking Water Act (SDWA): A Summary of the
Act and Its Major Requirements, by (name redacted).
58
42 U.S.C. 300f(1)(B), cited by EPA in its Report to Congress on Indoor Air Quality, Vol. II, p. 8-8.
59
EPA, Regulatory Development and Retrospective Review Tracker, National Primary Drinking Water Regulations:
Group Regulation of Carcinogenic Volatile Organic Compound (VOCs), http://yosemite.epa.gov/opei/RuleGate.nsf/
byRIN/2040-AF29?opendocument.
60
42 U.S.C. 300(g)-1(b)(13)(G)(i). However, EPA has not promulgated a rule to implement this provision. A rule was
proposed November 2, 1999 (64 Federal Register 59246-59378), but it has not been made final.
61
EPA Report to Congress, Vol. II, p. 8-3 – 8-4.
62
Ibid.
63
40 CFR 60.520.
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various pesticide uses. EPA has restricted use of various pesticides intended for indoor use,
including chlordane, used to control termites, and mercury, which was used to control mildew. In
registering pesticides, EPA routinely takes into account risks due to exposure to pesticides
through food, drinking water, and indoor air in residences as well as in agricultural fields.
Atomic Energy Act (42 U.S.C. 2011 et seq.)
Under the Atomic Energy Act, EPA issues generally applicable environmental radiation standards
for radioactive nuclides, such as radon. When EPA was formed, this authority was transferred to
EPA from the Atomic Energy Commission. According to EPA, “other federal and state
organizations must follow these standards when developing requirements for their areas of
radiation protection.”64 In addition, EPA received the authority “to develop guidance for federal
and state agencies containing recommendations for their use in developing radiation protection
requirements” and “to work with states to establish and execute radiation protection programs.”65
Agency for Toxic Substances and Disease Registry
Section 104(i) of CERCLA established the Agency for Toxic Substances and Disease Registry
(ATSDR) within the Department of Health and Human Services to assess potential health risks at
each site that EPA has placed on the NPL under the Superfund program.66 The ATSDR also may
assess health risks at other potentially contaminated sites in response to petitions. Similar to the
scope of EPA’s response authority, the ATSDR may examine indoor risks of exposure to
hazardous substances if there is potential for outdoor contamination to migrate indoors, or if there
is potential for indoor contamination to migrate outdoors and constitute a release of a hazardous
substance into the environment under CERCLA.
The ATSDR assesses potential health risks at individual sites based on the likelihood of human
exposure to contamination through all pathways of exposure, including pathways that may result
in indoor exposure risks such as contaminated water supplies or vapor intrusion.67 In 2008, the
ATSDR issued specific guidance for the evaluation of indoor health risks from vapor intrusion.68
The purpose of the ATSDR’s public health assessments is two-fold: to inform the public of
potential health hazards at a contaminated site, and to aid decision-makers in evaluating what
cleanup actions may be warranted to prevent potentially harmful exposure. Although the findings
of the ATSDR may be used to inform the selection of cleanup actions, the agency does not have
64
EPA, Laws and Regulations, “Summary of the Atomic Energy Act,” October 6, 2011, http://www.epa.gov/lawsregs/
laws/aea.html.
65
Ibid.
66
42 U.S.C. §9604(i). In addition to site-specific assessments, the ATSDR also prepares toxicological profiles of
hazardous substances commonly found at NPL sites to identify potential health effects that can result from exposure.
67
The ATSDR also may perform more targeted “health consultations” that focus just on a specific pathway or a
specific health effect. The states may conduct a public health assessment or a health consultation for some sites under
cooperative agreements with the ATSDR. Public health assessments and health consultations for individual sites are
available on the ATSDR’s website: http://www.atsdr.cdc.gov/HAC/PHA/index.asp.
68
ATSDR, Evaluating Vapor Intrusion Pathways at Hazardous Waste Sites, February 2008, available on the ATSDR’s
website: http://www.atsdr.cdc.gov/document/evaluating_vapor_intrusion.pdf.
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any regulatory or oversight authority to direct cleanup decisions by EPA or the states. As such, the
ATSDR’s role primarily is informational in nature.69
Consumer Product Safety Commission
The Consumer Product Safety Commission (CPSC) may prevent or reduce indoor pollution by
controlling certain hazards associated with consumer products. The Consumer Product Safety Act
(CPSA, 15 U.S.C. 2051-2084), which established the CPSC in 1972, authorizes the CPSC to set a
mandatory standard, ban a product, issue a recall, or issue other sorts of regulations or guidance
to reduce unreasonable risks of injury.70 However, the CPSA mandates reliance upon voluntary
standards whenever compliance with voluntary standards would eliminate or adequately reduce
the risk of injury, and substantial compliance with voluntary standards is likely.71 Moreover, the
CPSC is prevented from regulating if needed corrective action could be taken under the authority
of the Occupational Safety and Health Act, Atomic Energy Act, or Clean Air Act.72 Therefore, the
CPSC operates by collaborating with the industries producing consumer products and the
consuming public. For example, the CPSC researches and promotes best practices for the
industries, producing guidelines for manufacturers, importers, distributors, and retailers.73
According to EPA, many CPSC activities emphasize applied research “to provide the technical
basis for the development of voluntary standards and to disseminate information to the public.”74
The CPSA defines “consumer product” as
any article, or component part thereof, produced or distributed (i) for sale to a consumer for
use in or around a permanent or temporary household or residence, a school, in recreation, or
otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around
a permanent or temporary household or residence, a school, in recreation, or otherwise.75
Not all products that might be considered consumer products under the general definition are
subject to consumer product safety laws administered and enforced by the CPSC. For example,
there are express exemptions for products covered under other statutes, such as tobacco,
pesticides, firearms and ammunition, aircraft, boats, drugs, and any article which is not
customarily intended for use by a consumer.76 With specific respect to indoor pollution, entire
buildings are not within CPSC authority, and the CPSA does not authorize CPSC to issue indoor
air quality or ventilation standards.77
69
For more information on the role of the ATSDR, see the “Agency for Toxic Substances and Disease Registry”
section of CRS Report R41039, Comprehensive Environmental Response, Compensation, and Liability Act: A
Summary of Superfund Cleanup Authorities and Related Provisions of the Act, by (name redacted).
70
See 15 U.S.C. §2056 (2006) (authorizing the Commission to set mandatory standards); 15 U.S.C. §2057 (permitting
the Commission to ban products); 15 U.S.C. §2064 (allowing the Commission to require that a manufacturer recall a
product).
71
15 U.S.C. §2056(b)(1).
72
15 U.S.C. §2080(a).
73
See 15 U.S.C. §2054.
74
EPA Report to Congress, vol. I, p. 49.
75
15 U.S.C. 2052(a)(5).
76
Ibid.
77
See ibid. (defining “consumer product” as an article intended to be used at home or school); 15 U.S.C. §2080(a)
(“The Commission shall have no authority under this Act to regulate any risk of injury associated with a consumer
(continued...)
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CPSC authority to regulate building components is unclear. When CPSC attempted to ban the use
of urea-formaldehyde foam insulation under this authority, the regulations were struck down by
the courts.78 In recent years, CPSC has relied on product recalls as well as voluntary methods to
reduce consumer risks. For example, CPSC disseminates publications to inform consumers about
potential hazards.79
The Federal Hazardous Substances Act (FHSA, 15 U.S.C. 1261-1278) authorizes the CPSC to
require labeling for household products that are hazardous substances, and bans sale of any
children’s article that contains a hazardous substance.80 The FHSA defines “hazardous
substances” to include household substances or mixtures that are toxic, corrosive, flammable,
combustible, irritants, strong sensitizers, or that generate pressure through decomposition, heat, or
other means if the substances “may cause substantial personal injury or substantial illness” when
used in a foreseeable manner.81 The FHSA might contribute to the protection of indoor
environmental quality, therefore, to the extent that it regulates substances that otherwise might be
released through indoor use or storage.
Department of Defense
The Department of Defense (DOD) is authorized to clean up environmental contamination at U.S.
military facilities under its jurisdiction and decommissioned U.S. military facilities that were
under its jurisdiction at the time the contamination occurred.82 DOD administers the cleanup of
these facilities primarily under its Defense Environmental Restoration Program, subject to
oversight by EPA and the states to ensure that applicable requirements are met. CERCLA is the
principal federal statutory authority that governs cleanup performed by DOD, but RCRA
corrective action also may be used as an applicable requirement at some sites. DOD may address
indoor exposure risks in performing the cleanup of environmental contamination at individual
sites, but subject to the same scope and limitations as EPA under CERCLA discussed earlier.
DOD’s guidance for the implementation of the Defense Environmental Restoration Program
generally directs the assessment of all potential pathways of exposure to contamination, including
indoor pathways such as water supplies and vapor intrusion.83 DOD also has developed its own
guidelines for evaluating risks from vapor intrusion at sites administered under the Defense
Environmental Restoration Program,84 which may supplement EPA’s broader guidance. To
(...continued)
product if such risk could be eliminated or reduced to a sufficient extent by actions taken under the ... Clean Air Act.”).
78
Gulf S. Insulation v. Consumer Prod. Safety Comm’n, 701 F.2d 1137, 1140 (5th Cir. 1983).
79
CPSC, Indoor Air Quality Publications , http://www.cpsc.gov/cpscpub/pubs/iaq.html.
80
See 15 U.S.C. §§1261(p)(1), 1262(b) (2006) (giving the CPSC authority to require labels for household products that
are hazardous substances); 15 U.S.C. §§1261(f)(1)(D), 1262(e) (granting the CPSC the authority to ban hazardous
substances intended for use by children).
81
15 U.S.C. §1261(f)(1)(A).
82
For more information, see the section on “Cleanup Authorities Specific to Military Facilities” in CRS Report
R41039, Comprehensive Environmental Response, Compensation, and Liability Act: A Summary of Superfund Cleanup
Authorities and Related Provisions of the Act, by (name redacted).
83
DOD, Defense Environmental Restoration Program Management, 4715.20, March 2012, available on the Defense
Technical Information Center website: http://www.dtic.mil/whs/directives/corres/pdf/471520m.pdf.
84
DOD, Tri-Services Handbook for the Assessment of the Vapor Intrusion Pathway, February 2008, available on the
DOD Environmental Network and Information Exchange website:
(continued...)
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augment these efforts, DOD has conducted research under its Strategic Environmental Research
and Development program and Environmental Security Technology Certification program to
better understand the migration of contamination into homes and buildings through vapor
intrusion.85 This research also could be used to inform the assessment of risks associated with
vapor intrusion at sites administered by EPA, other agencies, and the states.
Department of Energy
The Department of Energy (DOE) coordinates federal energy policy and energy-related research
as required by the Department of Energy Organization Act of 1977 (P.L. 95-91; 42 U.S.C. 7101 et
seq.), which created DOE. DOE also implements numerous federal statutes aimed at increasing
the efficiency of energy production, transmission, and use, and it investigates the potential
impacts of these activities on the environment and human health. The scale and focus of these
programs have led to a leadership role for DOE within the federal government with respect to
indoor air quality, where DOE is recognized to be an authority on indoor air quality. The
department shares its knowledge with other federal agencies and sometimes assists them with
environmental impact statements.86 It also disseminates information to the general public.
In facilities under its jurisdiction, DOE regulates the use of potentially polluting materials like
insulation made with formaldehyde.87 Other DOE programs focus on mitigating risks from socalled “legacy” contamination which resulted from past activities at facilities that were involved
in the production of nuclear weapons or nuclear energy research. DOE’s cleanup of these
facilities may entail addressing indoor exposure risks. Finally, the Energy Reorganization Act of
1974 (P.L. 93-438, 42 U.S.C. 5801) specifically authorizes establishment of “programs to utilize
research and development performed by other Federal agencies to minimize the adverse
environmental effects of energy projects.”88 The three major areas of DOE authority related to
indoor environmental quality—energy conservation, cleanup of environmental contamination,
and research programs—are discussed in more detail below.89 DOE also is co-chair of an
interagency Committee on Indoor Air Quality, which coordinates research. That activity is
discussed in a subsequent section of this report under the heading “Other Federal Agencies and
the Interagency Committee on Indoor Air Quality.”
Energy Conservation and Production Act (ECPA, 42 U.S.C. 6801 et seq.)
DOE authority to promote energy efficiency in buildings is provided by the Energy Conservation
and Production Act (ECPA, 42 U.S.C. 6801 et seq.), as amended by the Energy Policy Act of
(...continued)
http://www.denix.osd.mil/references/upload/Tri-Serv_VI_Handbook_Final.pdf.
85
Information on DOD’s research of vapor intrusion risks is available on the Strategic Environmental Research and
Development program and Environmental Security Technology Certification program joint website:
http://www.serdp.org/Featured-Initiatives/Cleanup-Initiatives/Vapor-Intrusion.
86
EPA Report to Congress, vol. I, pp. 58-60.
87
For example, the Bonneville Power Administration requires use of low-formaldehyde materials in residential
buildings within its jurisdiction (EPA Report to Congress, vol. II, p. 9-6).
88
42 U.S.C. 5820. This authority originally was given to the Energy Research and Development Administration which
became the Department of Energy.
89
EPA Report to Congress, vol. I, p. 57.
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1992 (P.L. 102-486), the Energy Policy Act of 2005 (EPAct, P.L. 109-58),90 the Energy
Independence and Security Act of 2007 (EISA, P.L. 110-140), the American Reinvestment and
Recovery Act (ARRA, P.L. 111-5), and many other public laws. ECPA authorizes energy
efficiency programs targeting residential, commercial, and federal facilities. For example, the
DOE Weatherization and Intergovernmental Program provides grants, technical assistance, and
information to state and local governments, Indian tribes, “community action agencies,”
municipal utilities, overseas U.S. territories, and low-income families through programs that use a
variety of energy efficiency and renewable energy technologies.91 These programs aim to retrofit
existing residences. Although not all of these programs directly affect indoor environmental
pollution, they generally strive to avoid undesirable impacts on indoor environments by carefully
choosing the materials and methods they employ to reduce energy consumption.
With respect to commercial buildings, ECPA requires the Secretary of Energy to appoint a
Director of Commercial High-Performance Green Buildings (Commercial Director).92 Green
building programs generally consider indoor environmental quality. ECPA orders the Director to
(1) establish and manage the Office of Commercial High-Performance Green Buildings; (2)
coordinate activities with the General Services Administration’s (GSA’s) Office of Federal HighPerformance Green Buildings; (3) promote research and development of high-performance green
buildings; (4) jointly establish with the Federal Director of the GSA office a national highperformance green building clearinghouse to provide high-performance green building
information and disseminate research results; and (5) work with GSA and relevant federal
agencies to ensure full coordination of high-performance green building information and
activities.93
ECPA, as amended, specifically directs DOE to “establish, by rule, Federal building energy
standards that require in new Federal buildings those energy efficiency measures that are
technologically feasible and economically justified.”94 Moreover, the standards must be updated
periodically and take into account measures regarding radon and other indoor air pollutants.95
Cleanup of Environmental Contamination
DOE has been responsible for the cleanup of over 100 facilities that were involved in the
production of nuclear weapons for national defense purposes, and nuclear energy research.
Similar to sites addressed under EPA’s Superfund program or DOD’s Defense Environmental
Restoration Program discussed earlier, DOE’s cleanup of nuclear facilities may entail addressing
the migration of outdoor contamination into homes or buildings via contaminated water supplies
or vapor intrusion, or addressing contamination inside a facility to prevent migration into the
outdoor environment.
90
For more information about federal programs providing energy efficiency incentives, see CRS Report R40913,
Renewable Energy and Energy Efficiency Incentives: A Summary of Federal Programs, by (name redacted) and
Beth A. Roberts.
91
DOE, Weatherization and Intergovernmental Program, October 6, 2011, http://www1.eere.energy.gov/wip/.
92
42 U.S.C. 17081.
93
Ibid.
94
42 U.S.C. 6834(a).
95
42 U.S.C. 6834(a)(2)(C).
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DOE administers the cleanup of these nuclear facilities under its Office of Environmental
Management.96 Although the cleanup of most of these facilities is complete, the cleanup of the
larger and more complex facilities is not expected to be complete for several years or decades in
some cases. Once the cleanup of a facility is complete, the Office of Legacy Management
becomes responsible for the long-term stewardship if the facility no longer would have an
ongoing DOE mission.97 The long-term stewardship of a DOE facility with a continuing mission
is administered by the DOE office responsible for that mission.
CERCLA is the principal federal statute that governs the cleanup of hazardous substances at these
facilities. RCRA corrective action authority also governs the cleanup of hazardous wastes
generated at these facilities. The Atomic Energy Act primarily governs the management and
disposal of radiological wastes and nuclear materials. EPA and the states are responsible for
overseeing cleanup actions performed by DOE under CERCLA and RCRA, but there is not a
comparable oversight mechanism under the Atomic Energy Act.
DOE Research and Development
DOE has a large research program that investigates means of improving energy efficiency, as well
as the sources, presence, and health effects of energy-related pollutants, methods of pollution
prevention, and remediation. Originally authorized by the Atomic Energy Act (42 U.S.C. 2011 et
seq.) and focused on nuclear power, the research scope broadened with enactment of the Energy
Reorganization Act of 1974 (P.L. 93-438, 42 U.S.C. 5801), which terminated the Atomic Energy
Commission and created the Energy Research and Development Administration (ERDA; P.L. 93438).98 Five DOE laboratories form the National Laboratory Collaborative for Buildings
96
For more information on the role of the Office of Environmental Management and the status of the cleanup of
individual facilities, see DOE’s website: http://www.em.doe.gov/Pages/EMHome.aspx.
97
The Office of Legacy Management also is responsible for the long-term stewardship of sites cleaned up by the Army
Corps of Engineers under the Formerly Utilized Sites Remedial Action Program (FUSRAP), which had been
transferred from DOE to the Corps in FY1998 for the completion of the cleanup. For more information on the role of
the Office of Legacy Management and the long-term stewardship of individual facilities, see DOE’s website:
http://www.lm.doe.gov.
98
Originally authorized by the Atomic Energy Act (42 U.S.C. 2011 et seq.) and focused on nuclear power, the research
focus broadened with enactment of the Energy Reorganization Act of 1974 (P.L. 93-438, 42 U.S.C. 5801), which
terminated the Atomic Energy Commission and created the Energy Research and Development Administration
(ERDA; P.L. 93-438) (DOE, Office of Science, “History,” November 21, 2011, http://science.energy.gov/about/
history/). That law mandated “… engaging in and supporting environmental, biomedical, physical, and safety research
related to the development of energy sources and utilization technologies.” The same year, the Federal Nonnuclear
Energy Research and Development Act of 1974 (P.L. 93-577) authorized research and development “related to the
development and use of energy from fossil, nuclear, solar, geothermal, and other energy sources” and directed
consideration of the environmental and social consequences of proposed programs (42 U.S.C. 5813). Three years later,
the Department of Energy Organization Act of 1977 (P.L. 95-91) created DOE, and all federal energy-related research
(other than research related to the nuclear power industry) was brought under DOE authority. That law aims in part to
“assure incorporation of national environmental protection goals in the formulation and implementation of energy
programs, and to advance the goals of restoring, protecting, and enhancing environmental quality, and assuring public
health and safety” (42 U.S.C. 7112). The Office of Energy Research, now the Office of Science, has responsibility for
overseeing basic (as opposed to applied) research conducted by the multipurpose national laboratories (that is, those
laboratories not focused on weapons). Many DOE research projects coordinate efforts across DOE laboratories and
other public and private entities. For example, DOE has established an Energy Innovation Hub at Penn State University
that is focused on developing technologies to make buildings more energy efficient. It brings together researchers from
academia, two U.S. National Laboratories and the private sector (DOE, FY2011 Congressional Budget Request,
Science, Vol. 4, February 2010, p. 14. Also see an article about the project at http://www.doe.gov/articles/penn-statelead-philadelphia-based-team-will-pioneer-new-energy-efficient-building-designs.)
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Technologies, including Argonne National Laboratory, Lawrence Berkeley National Laboratory,
National Renewable Energy Laboratory, Pacific Northwest National Laboratory, and Oak Ridge
National Laboratory.99 They “work together to advance energy-efficient building technologies,”
“conduct research and development (R&D), provide technical advice and review DOE plans and
activities, and work with … private sector commercial building owners and operators—to
evaluate and test technologies, establish performance evaluation criteria, and perform energy
verification of buildings and systems.”100
Some projects are of particular interest to indoor environmental quality. For example, the Pacific
Northwest National Laboratory, operated by Battelle, develops model building-energy code
language.101 The Environmental and Energy Technologies Division of the Lawrence Berkeley
National Laboratory has an indoor and outdoor environmental quality research program that
focuses on
•
reducing the energy used for thermally conditioning and distributing ventilation
air in buildings,
•
improving indoor air quality (IAQ), thermal comfort, and the health and
productivity of building occupants,
•
understanding human exposures to environmental pollutants found in indoor and
outdoor air,
•
improving the scientific understanding of factors and processes affecting air
quality, and
•
developing sound science to inform public policy on the most effective ways of
reducing hazardous air pollutants.102
At Brookhaven National Laboratory, the Environmental Remediation Science Program (ERSP)
seeks to provide the fundamental scientific knowledge needed to address environmental problems
that impede the remediation of contaminated sites. ERSP investigates transport of contaminants
within the subsurface at DOE sites to better inform long-term site stewardship. Research priorities
for the ERSP include defining and understanding the processes that control contaminant fate and
transport in the environment and providing opportunities for use, or manipulation of natural
processes to alter contaminant mobility.103 Finally, the Ames Laboratory’s Environmental &
Protection Sciences Program is conducting research to improve the clean up of hazardous
99
DOE, Energy Efficiency and Renewable Energy, Commercial Building Initiative, “National Laboratory
Collaborative on Building Technologies,” November 21, 2011, http://www1.eere.energy.gov/buildings/
commercial_initiative/lab_collaborative.html; DOE, Argonne National Laboratory, “Renewable Energy Research and
Development,” October 28, 2011, http://www.anl.gov/renewables/research/building_eff.html; DOE, National
Renewable Energy Laboratory, “Buildings Research,” October 28, 2011, http://www.nrel.gov/buildings/.
100
DOE, Energy Efficiency and Renewable Energy, Commercial Building Initiative, “National Laboratory
Collaborative on Building Technologies,” July 3, 2012, http://www1.eere.energy.gov/buildings/commercial_initiative/
lab_collaborative.html.
101
DOE, Pacific Northwest National Laboratory, Energy and Environment, Energy Efficiency and Renewable Energy
Program, “Building Energy Codes Program” July 3, 2012, http://eere.pnnl.gov/building-technologies/bec.stm.
102
DOE, Lawrence Berkeley National Laboratory, Environmental Energy Technologies Division, July 3, 2012,
http://www.iaqscience.lbl.gov/sfrb.html.
103
DOE, Brookhaven National Laboratory, “Environmental Sciences Department,” July 3, 2012, http://www.bnl.gov/
des/.
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waste.104 The Pacific Northwest Laboratory also conducts research to improve environmental
remediation of hazardous substance contamination. Because many hazardous wastes may migrate
indoors, these remediation programs also may be relevant to indoor environmental quality.105
Department of Health and Human Services (HHS)
Health-related programs of the U.S. Department of Health and Human Services (HHS), including
those related to indoor environmental quality, are administered by eight agencies in the U.S.
Public Health Service (PHS), primarily under the authority of the Public Health Service Act, as
amended (42 U.S.C. 201-300mm-61, PHSA). The PHSA directs HHS to conduct and “promote
the coordination of, research, investigations, experiments, demonstrations, and studies relating to
the causes, diagnosis, treatment, control, and prevention of physical and mental diseases and
impairments of man, including water purification, sewage treatment, and pollution of lakes and
streams.”106
The act authorizes grants and information dissemination and mandates an annual report on
carcinogens. More specifically, HHS is required to conduct research on the effects of low-level
ionizing radiation107 and, in coordination with other agencies, research on the health effects of
pollution originating from “human activity in any place in the indoor or outdoor environment,
including places of employment and residences.”108 Various research institutes and centers
established under the PHSA, such as the National Institutes of Health (NIH) and the Centers for
Disease Control and Prevention (CDC), including the National Institute for Occupational Safety
and Health (NIOSH), share this responsibility.
NIH’s mission is scientific: “to seek fundamental knowledge about the nature and behavior of
living systems and the application of that knowledge to enhance health, lengthen life, and reduce
the burdens of illness and disability.” To achieve this mission, NIH conducts basic and applied
research and disseminates knowledge gained from that research. NIH also trains scientists and
develops research tools. Many of the institutes conduct research related to indoor environmental
quality, but a few institutes are particularly noteworthy with regard to research relating
environmental pollution and health outcomes. The National Institute of Environmental Health
Sciences (NIEHS), for example, supports epidemiological studies of relationships between
physical and chemical factors and respiratory disease. Similarly, the National Cancer Institute
explores factors contributing to the development of cancer, and the National Heart, Lung and
Blood Institute has focused on the health effects of parental smoking and other indoor pollutants.
CDC is authorized to educate, assess technology, and conduct epidemiology regarding lead
poisoning, asthma, secondary tobacco smoke, and other pollutants (42 U.S.C. 247b-3, b-8, and b10). Using this authority, CDC proposed for FY2013
104
DOE, The Ames Laboratory, “Scientific Programs,” July 3, 2012, http://www.ameslab.gov/research/scientificprograms.
105
DOE, Pacific Northwest National Laboratory, “Environmental Health and Remediation,” July 3, 2012,
http://energyenvironment.pnnl.gov/ehr/.
106
42 U.S.C. 241(a).
107
42 U.S.C. 241.
108
42 U.S.C.242(d)(1).
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the creation of a Healthy Home and Community Environments program—a new, multifaceted approach to address healthy homes and community environments through
surveillance, partnerships, and implementation and evaluation of science-based interventions
to address the health impact of environmental exposures in the home and to reduce the
burden of disease through comprehensive asthma control. This integrated approach aims to
control asthma and mitigate health hazards in homes and communities such as air pollution,
lead poisoning hazards, second-hand smoke, asthma triggers, radon, mold, unsafe drinking
water, and the absence of smoke and carbon monoxide detectors. The consolidated program
will replace CDC’s long-standing National Asthma Control Program and Healthy Homes
and Lead Poisoning Prevention Program. CDC will take two years to transition to this new,
coordinated approach.109
According to CDC, the new Healthy Home and Community Environments program would
continue “to collaborate with states and other federal agencies to reduce or eliminate multiple
housing-related health hazards,” and to support “state and local data collection to be used by
HUD and other federal, state, and local agencies to target the most vulnerable populations living
in homes with lead-based paint hazards.”110
Many other statutes authorize specific HHS activities relevant to assessment and control of indoor
environmental quality.111 For example, the Agency for Toxic Substances and Disease Registry
(ATSDR, currently within CDC) is required to assess pollution pathways and risks associated
with hazardous substances released to the environment at all Superfund and many other
contaminated sites.112 In particular, ATSDR is authorized to investigate the relationship between
particular contaminants and disease, and to track the health of people who have been exposed to
specific chemical substances.113
HHS also has responsibilities under Title IV of TSCA, which mandates a study by CDC and the
National Institute for Environmental Health Sciences (NIEHS) to determine the sources of lead
exposure to children who have elevated lead levels in their bodies. NIOSH is directed to study
ways of reducing occupational exposure to lead during abatement activities and “at a minimum”
$10 million was authorized (under P.L. 102-550, §1033) to be appropriated for each of the fiscal
years 1994 through 1997 for training people who remove or immobilize lead-based paint.
NIOSH obtains its primary authority to conduct research related to indoor environments from
Section 20 of the Occupational Safety and Health Act (OSH Act, 16 U.S.C. 651 et seq.). That law
established NIOSH to provide scientific support for occupational health and safety regulation.
OSHAct empowers NIOSH to investigate work environments at the request of authorized
representatives of employees or employers and to develop health-based criteria for toxic
substances. Those criteria may then be used by the Occupational Safety and Health
Administration (OSHA) to set enforceable safety and health standards. OSHA is discussed below.
109
CDC, FY 2013 Congressional Justification, p. 198, http://www.cdc.gov/fmo/topic/Budget%20Information/
appropriations_budget_form_pdf/FY2013_CDC_CJ_Final.pdf.
110
Ibid.
111
Darrel J. Grinstead, Appendix H: Statutory Framework for the Organization and Management of the U.S.
Department of Health and Human Services, pp. 209-274, In: Leonard D. Schaeffer, Andrea M. Schultz, and Judith A.
Salerno, Editors, Committee on Improving the Organization of the U.S. Department of Health and Human Services
(HHS) to Advance the Health of Our Population, Institute of Medicine, 2009, HHS in the 21st Century: Charting a New
Course for a Healthier America, The National Academies Press, Washington, D.C.
112
ATSDR, “About ATSDR,” revised January 1, 2009, visited July 3, 2012, http://www.atsdr.cdc.gov/faq.html.
113
CERCLA section 104 (i)(6) (42 U.S.C. 9604 (i)(6).
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Authorities of the Indian Health Service, including those related to indoor environmental quality,
are based in the U.S. Constitution and various treaties.114 Relevant statutes include the Snyder Act
of 1921 (25 U.S.C. 13) and the Indian Health Care Improvement Act of 1976 (25 U.S.C. 1601). In
addition, numerous other laws, court cases, and executive orders define the relationship between
tribal governments and the federal government. Generally, on tribal lands, the Indian Health
Service performs functions similar to those of the U.S. Public Health Service.
General Services Administration
The Federal Property and Administrative Services Act (FPASA), as amended (P.L. 152, codified
as amended in scattered sections of 40 U.S.C. and 41 U.S.C.), established the General Services
Administration (GSA), transferring to it certain property management functions of other federal
entities. Generally, the FPASA authorizes GSA to centralize and oversee federal administrative
services, management policy, and provision of products and services.115 The Public Buildings Act,
as amended (40 U.S.C. §3301-3315) specifically authorizes GSA to take certain actions related to
property management, for example, to construct, lease, and renovate federal civilian facilities.116
The Public Buildings Service (PBS) within GSA is the largest provider of office space to federal
agencies and is responsible for the design, construction, operation, maintenance, and disposal of
thousands of federally owned properties.117 “PBS owns or leases 9,624 assets, maintains an
inventory of more than 370.2 million square feet of workspace for 1.1 million federal
employees.”118 PBS establishes design standards and criteria for new buildings, major and minor
alterations, and work in historic structures.119 Environmental standards and guidance are provided
by the Environmental Program within PBS to ensure protection of indoor environments in accord
with various federal laws and executive orders which apply to all federal agencies.120 Selected
general authorities as well as authorities specific for the GSA are described briefly below.
GSA’s actions in the area of energy efficiency closely follow mandates set forth in the Energy
Policy Act of 1992 (P.L. 102-486), the Energy Independence and Security Act of 2007 (P.L. 110140, ESIA) and numerous executive orders, most recently President Obama’s Executive Order
13514, “Federal Leadership In Environmental, Energy, and Economic Performance,” and
President George W. Bush’s Executive Order 13423,121 “Strengthening Federal Environmental,
Energy, and Transportation Management.” President Obama’s Executive Order 13514, “Federal
114
HHS, Indian Health Service, Indian Health Service, IHS Fact Sheets, “Basis for Health Services,” April 19, 2012,
http://www.ihs.gov/PublicAffairs/IHSBrochure/BasisHlthSvcs.asp.
115
U.S. Congress, House of Representatives, Committee on Government Reform and Oversight, Subcommittee on
Government Management, Information, and Technology, Hearing, “Federal Property Management and the 50th
Anniversary of the Federal Property and Administrative Services Act,” testimony of David J. Barram, GSA
Administrator, May 4, 1998, http://www.gsa.gov/portal/content/100923.
116
Other federal agencies have independent statutory authority to construct, maintain, and/or dispose of real property.
The Department of Veterans’ Affairs, the Postal Service, and Department of Defense, for example, have such authority.
117
Ibid.
118
GSA, Public Buildings Service, April 19, 2012, http://www.gsa.gov/portal/content/104444.
119
GSA, 2003 Facilities Standards (P100), updated April 30, 2010, visited October 13, 2011, http://www.gsa.gov/
portal/category/21049.
120
GSA, “Environment Program Overview,” updated November 3, 2011, visited October 14, 2011,
http://www.gsa.gov/portal/content/104502.
121
Executive Order 13423 rescinded several previous executive orders, including 13101, 13123, 13134, 13148, and
13149.
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Leadership In Environmental, Energy, and Economic Performance,” expanded on the energy
reduction and environmental performance requirements for federal agencies found in Executive
Order 13423.
The Energy Independence and Security Act of 2007 (P.L. 110-140, EISA, codified as 42 U.S.C.
17092) established within GSA an Office of Federal High-Performance Green Buildings. The
designated Federal Director of that office is required to coordinate high-performance green
building information and activities within GSA and with other relevant agencies, including DOE.
In addition, the Federal Director is to work with EPA to develop and execute a comprehensive
indoor air quality program for all federal facilities, and to provide to the Secretary of Energy a
certification system to encourage a comprehensive and environmentally sound approach to
certification of green buildings. Finally, the EISA mandated cooperation with DOE’s Director of
Commercial High-Performance Green Buildings to establish a clearinghouse “to carry out public
outreach to inform individuals and entities of the information and services [related to highperformance green buildings] available governmentwide” (§423(1)). The Federal Director is
required to ensure, “to the maximum extent practicable” that the public clearinghouse “receives
and makes available information on the exposure of children to environmental hazards in school
facilities” (§503(b)).
President George W. Bush issued Executive Order 13423 in January 2007 making it the policy of
the United States that “Federal agencies conduct their environmental, transportation, and energyrelated activities under the law in support of their respective missions in an environmentally,
economically and fiscally sound, integrated, continuously improving, efficient, and sustainable
manner.” The order directed federal agencies to implement this policy using specific strategies,
including several with potential effects on indoor environments. Those strategies include
•
energy efficiency, greenhouse gas emissions avoidance or reduction, and
petroleum products use reduction;
•
pollution and waste prevention and recycling;
•
reduction or elimination of acquisition and use of toxic or hazardous chemicals;
and
•
high performance construction, lease, operation, and maintenance of buildings.122
Congress mandated the use of integrated pest management to reduce pesticide use on federal
property when it enacted the Food Quality Protection Act of 1996 amending FIFRA (7 U.S.C.
136r-1). The Code of Federal Regulations (41 CFR 102-74.35) requires reliance on IPM at all
agencies subject to GSA authority. Since 1989, GSA has distributed guidance to federal agencies
on how to implement IPM.123
Although there are no federal regulations for radon specific to the federal government, GSA has
adopted EPA guidelines for use in federal buildings.124 Also, GSA in cooperation with other
federal agencies implements the Federal Radon Action Plan.125
122
Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” January
24, 2007, October 14, 2011, http://www.gsa.gov/portal/content/102452.
123
GSA, “Integrated Pest Management,” October 14, 2011, http://www.gsa.gov/ipm/
124
GSA, Radon Management, October 13, 2011, http://www.gsa.gov/portal/content/100875.
125
Protecting People and Families from Radon, A Federal Action Plan for Saving Lives, June 20, 2011, August 20,
(continued...)
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President William J. Clinton issued an Executive Order 13058, “Protecting Federal Employees
and the Public from Exposure to Tobacco Smoke in the Federal Workplace,” on August 9, 1997,
establishing a smoke-free environment for federal employees and members of the public visiting
or using federal facilities. In furtherance of EO13058, GSA issued FMR Amendment 2008-08,
which enforces additional restrictions in GSA-controlled buildings.126
It is generally GSA policy to enhance indoor environmental quality.127 To that end, GSA prohibits
use of specific pollutants in the construction of its facilities, including
•
products containing asbestos;
•
products containing urea formaldehyde;
•
products containing polychlorinated biphenyls (PCBs);
•
products containing chlorinated fluorocarbons;
•
solder or flux containing more than 0.2% lead and domestic water pipe or pipe
fittings containing more that 8% lead; and
•
paint containing more than 0.06% lead.128
Department of Housing and Urban Development
The National Housing Act (12 U.S.C. 1701 et seq.) directs the Department of Housing and Urban
Development (HUD) to pursue a national goal of providing “a decent home and suitable living
environment to every American family” (12 U.S.C. 1701t). Various specific provisions of the act
authorize regulatory and voluntary programs affecting the quality of indoor environments. For
example, HUD has specific authority under the National Housing Act (12 U.S.C. 1703) and the
Manufactured Housing Improvement Act of 2000 (42 U.S.C. 5401 et seq.) to develop minimum
construction and safety standards “to assure the livability and durability of” manufactured homes.
HUD used this authority to regulate formaldehyde emissions from certain wood products in
manufactured homes.129 In July 2010, when Congress enacted the Formaldehyde Standards for
Composite Wood Products Act (P.L. 111-199), it directed the HUD Secretary to update those
regulations to ensure that the standards established by TSCA Title VI are implemented.
The National Energy Conservation Policy Act of 1978 authorizes financing for energy
conservation improvements in housing130 “in the form of grants, low-interest-rate loans, interest
subsidies, loan guarantees, and such other forms of assistance as the Secretary deems appropriate
(...continued)
2012, http://www.epa.gov/radon/pdfs/Federal_Radon_Action_Plan.pdf.
126
GSA, Frequently Asked Questions, October 13, 2011, http://www.gsa.gov/portal/content/104203#13.
127
GSA, 1.6 Environmental Policies & Practices, updated April 30, 2010, visited October 13, 2011,
http://www.gsa.gov/portal/content/101230.
128
Ibid.
129
24 CFR 3280.308.
130
HUD, Homes and Communities, “Basic Congressional and Presidential Actions Establishing Major HUD-related
Programs,” December 5, 2000, October 21, 2011, http://www.hud.gov/basic.cfm. Hereafter HUD Homes and
Communities.
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to carry out the purposes of this section. Assistance may be made available to both owners of
dwelling units and tenants occupying such units.”131
Other statutes authorize HUD activities related to lead-based paint. The Lead-Based Paint
Poisoning Prevention Act (LBPPPA, 42 U.S.C. 4822) is the basis for federal regulation of leadbased paint hazards in federally assisted housing. During the 1970s, the LBPPPA Title II provided
grants to cities and communities to develop local programs to eliminate the causes of lead-based
paint poisoning. However, funding for poisoning prevention became less available after 1978
when the programs under Title II were combined with other programs into block grants. In 1991,
Congress created the Office of Lead Based Paint Abatement and Poisoning Prevention (42 U.S.C.
3532 note). The Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the
Housing and Community Development Act of 1992, P.L. 102-550, which also enacted TSCA
Title IV) directs that office to develop a national strategy to eliminate “as far as practicable” leadbased paint (LBP) hazards in all public housing and private housing constructed prior to 1978 that
receive federal financial assistance. Title X requires periodic risk assessments and interim
measures to reduce identified LBP hazards in such housing. In addition, the law requires
inspection for LBP hazards prior to federally funded rehabilitation or renovation. The federal
government, acting through HUD, pays for the construction and renovation (including LBP
detection and abatement) of public housing, using funds available through the Comprehensive
Improvement Assistance Program to carry out the requirements of the LBPPPA, as amended. Title
X authorizes federal grants administered by HUD to state and local governments that choose to
establish LBP poisoning prevention programs targeted at low-income residents in private housing.
Grants may be used to conduct risk assessments and to remove, immobilize, or otherwise reduce
the LBP hazard, with particular attention to hazards to children living in housing constructed prior
to 1978. For more information about federal lead-based paint programs, see CRS Report
RS21688, Lead-Based Paint Poisoning Prevention: Summary of Federal Mandates and Financial
Assistance for Reducing Hazards in Housing, by (name redacted).
Occupational Safety and Health Administration
The Occupational Safety and Health Act (OSH Act, 16 U.S.C. 651 et seq.) authorizes the
Secretary of the Department of Labor, which has delegated authority to the Occupational Safety
and Health Administration (OSHA), to issue and enforce health and safety standards to protect
employees in office buildings, industrial settings, and commercial establishments. The standards
apply to all employers in the private sector and to federal agencies. The OSH Act does not apply
to public sector employers at the state or local levels. However, Section 18 of the OSH Act gives
each state the authority to set its own occupational safety and health standards, by adopting a state
plan that provides at least as much protection as provided by OSHA under the OSH Act. Once a
state plan is approved by OSHA and is fully operating, employees who work for that state or local
government within that state have OSH Act protections. OSHA no longer has jurisdiction in such
states. If states adopt plans that only cover public sector workers, OSHA retains jurisdiction over
private-sector workers. Roughly half the states have state plans, including four states that protect
public sector workers only.132
131
12 U.S.C. 1701z-8.
Department of Labor, Occupational Safety and Health Administration, “State Occupational Safety and Health
Plans,” October 4, 2011, http://www.osha.gov/dcsp/osp/index.html.
132
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With respect to toxic substances, the act directs the Department of Labor to set “the standard
which most adequately assures to the extent feasible, on the basis of the best available evidence,
that no employee will suffer material impairment of health or functional capacity even if such
employee has regular exposure to the hazard dealt with in such standard for the period of his
working life.”
To enforce standards, OSHA inspects facilities and may prescribe abatement of any hazards
identified or propose civil monetary penalties for violations.
Office of the Federal Environmental Executive
The Office of the Federal Environmental Executive is authorized by Executive Order 13514 to
promote sustainability and environmental stewardship throughout the federal government.133
Administered by EPA and housed at the President’s Council on Environmental Quality, the Office
works with the Office of Management and Budget to support sustainability efforts at executive
agencies with expertise, detailed guidance, case studies, and tools. It is particularly responsible
for ensuring implementation of Executive Orders on federal environmental performance,
including those mandating improvements in energy efficiency.
Other Federal Agencies and the Interagency Committee
on Indoor Air Quality
Many other federal agencies have statutory authority relevant to the quality of indoor
environments. This section briefly describes a sampling of such agencies and their activities.
Department of Transportation
The Department of Transportation (DOT) has responsibility for overseeing indoor environmental
quality in “enclosed spaces, such as airliner cabins, buses, and highway tunnels,” if these involve
interstate commerce.134 DOT acted through the Surface Transportation Board (formerly the
Interstate Commerce Commission) using its very general regulatory authority under the Interstate
Commerce Act (49 U.S.C. 13301 et seq.) to prohibit smoking in interstate, commercial
motorcoach buses.135 Through the Federal Aviation Administration (FAA), DOT issued
regulations addressing airline cabin air quality for commercial interstate carriers.136
Department of Homeland Security
The U.S. Coast Guard (formerly in DOT but currently in the Department of Homeland Security)
has jurisdiction over indoor environmental quality of ships in interstate commerce.
133
Office of the Federal Environmental Executive, “Federal Leadership in Environmental, Energy, and Economic
Performance,” October 14, 2011, http://www.ofee.gov/.
134
EPA Report to Congress, vol. I, p. 75.
135
49 CFR Chapter 374 Subpart B.
136
National Research Council, 2002, The Airliner Cabin Environment and the Health of Passengers and Crew,
http://www.nap.edu/openbook.php?record_id=10238&page=R1.
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Access Board
The Architectural and Transportation Barriers Compliance Board (Access Board) is an
independent federal agency devoted to accessibility for people with disabilities. It operates under
the authority of the Americans with Disabilities Act (ADA; 42 U.S.C. 12101 et seq.) and the
Architectural Barriers Act (ABA; 42 U.S.C. 4151 et seq.) to provide guidelines for construction
of accessible buildings. According to the Access Board website,
ADA standards govern the construction and alteration of places of public accommodation,
commercial facilities, and state and local government facilities. The Department of Justice
(DOJ) maintains ADA standards that apply to all ADA facilities except transportation
facilities, which are subject to similar standards issued by the Department of Transportation
(DOT). Federal facilities are covered by standards consistent with those of the ADA issued
under a different law, the Architectural Barriers Act (ABA).137
Because the Access Board accepts that there are a significant number of people who are
particularly sensitive to chemicals and electromagnetic fields, the board sponsored a study on
ways to improve indoor environmental quality. Conducted for the board by the National Institute
of Building Sciences (NIBS), this project brought together various stakeholders to examine
building design and construction issues that affect the indoor environment, and to develop an
action plan. The resulting report is available on the Access Board website.138
Tennessee Valley Authority
The Tennessee Valley Authority is a corporation with a board of directors that is authorized to
promote the general welfare of people living within its jurisdiction in the valley of the Tennessee
River or its tributaries.139 The board is authorized to make alterations, modifications, or
improvements in existing plants and facilities, and to construct new plants in the area. TVA has
investigated indoor radon levels throughout the TVA region and the contribution of radium in
building materials. TVA studies also have examined indoor concentrations of volatile organic
compounds (VOCs) and nitrogen dioxide. Wood stove design and emissions have been studied, as
have indoor pollution levels following weatherization of facilities. TVA distributes information
about indoor environmental quality to residents of the region.
Architect of the Capitol
The Act of August 15, 1876 (40 U.S.C. 162–163) directs the Architect of the Capitol (AOC) to
maintain, operate, develop, and preserve buildings and land throughout the vicinity of the U.S.
Capitol. “This includes the House and Senate office buildings, the U.S. Capitol, Capitol Visitor
Center, the Library of Congress buildings, the Supreme Court buildings, the U.S. Botanic Garden,
the Capitol Power Plant, and other facilities.”140 The AOC Design Standards address sustainable
design, including design to “conserve energy resources, improve environmental performance and
137
Access Board, “ADA Standards Homepage,” May 1, 2012, http://www.access-board.gov/ada/.
Access Board, IEQ Indoor Environmental Quality Project, May 1, 2012, http://www.access-board.gov/research/ieq/
ieq_project.pdfhttp://www.access-board.gov/research/ieq/intro.cfm.
139
16 U.S.C. 831 et seq.
140
Architect of the Capitol, About Us/Responsibilities, May 1, 2012, http://www.aoc.gov/aoc/responsibilities/
index.cfm.
138
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increase the use of environmentally preferable products.” The AOC’s Design Standards change to
reflect changes in federal sustainability guidelines and industry standards.141
Department of Commerce
The Department of Commerce also has a role in controlling indoor environmental quality,
particularly through the National Institute of Standards and Technology (NIST). NIST is a nonregulatory federal agency that promotes “U.S. innovation and industrial competitiveness by
advancing measurement science, standards, and technology in ways that enhance economic
security and improve our quality of life.”142 NIST research lays a foundation for assessment and
remediation of most indoor contaminants. For example, NIST has developed tools and metrics to
evaluate the air quality impacts of technologies used in low-energy buildings. In addition, NIST is
developing tools to measure the release, distribution, and chemical forms of nanoparticles in a
“typical dwelling” that may be emitted by gas and electric stoves, hair dryers, power tools, and
candles.143 NIST staff routinely are involved in the development of standard measurements and
procedures as they serve on committees of ASTM International (ASTM), the American Society of
Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE), the American Society of
Mechanical Engineers (ASME), the American Society of Civil Engineers (ASCE), the American
Concrete Institute (ACI), the American Institute of Steel Construction (AISC), the National Fire
Protection Association (NFPA), Underwriters Laboratories, Inc. (UL), the Society of Fire
Protection Engineers (SFPE), the International Organization for Standardization (ISO), the
International Council for Research and Innovation in Building and Construction (CIB), the
International Code Council (ICC), the Construction Industry Institute, and others.144 More
information about NIST’s role is available through its Pollution/Indoor Air Quality portal at
http://www.nist.gov/pollution-portal.cfm.
Department of Agriculture
The Department of Agriculture (USDA) through its Rural Development division is “committed to
helping improve the economy and quality of life in rural America,” as authorized Section 2204 of
Title 7 of the U.S. Code.145 For example, the Rural Energy for America Program provides
assistance to agricultural producers and rural small businesses to install and maintain renewable
energy systems, energy efficiency improvements, renewable energy development, energy audits,
and feasibility studies.146 In addition, Rural Development has adopted into its regulations certain
portions of EPA and HUD rules regarding lead-based paint hazard reduction.147 Similarly,
asbestos and radon control measures are adopted from EPA standards. USDA provides Rural
141
AOC, “Sustainability/Overview,” May 1, 2012, http://www.aoc.gov/aoc/Sustainability-Initiatives.cfm.
NIST, General Information, May 1, 2012, http://www.nist.gov/public_affairs/general_information.cfm.
143
NIST, “Elusive Ultrafine Indoor Air Contaminants Yield to NIST Analysis,” NIST Tech Beat, December 6, 2011,
May 1, 2012.
144
NIST, Engineering Laboratory, “Standards and Technical Activities,” May 1, 2012, http://www.nist.gov/el/
bfrlstandards.cfm.
145
USDA, “About RD,” May 2, 2012, http://www.rurdev.usda.gov/AboutRD.html.
146
USDA, Energy, “The Rural Energy for America Program (REAP),” May 2, 2012, http://www.rurdev.usda.gov/
BCP_Reap.html.
147
USDA, Rural Development, “Rural Development Housing & Community Facilities Programs,” May 2, 2012,
http://www.rurdev.usda.gov/rhs/pss/lead_based_paint_information.htm.
142
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Housing Repair and Rehabilitation Loans to “very low-income rural residents who own and
occupy a dwelling in need of repairs. Funds are available for repairs to improve or modernize a
home, or to remove health and safety hazards.”148 In addition, the Agricultural Research Service
investigates means of reducing indoor contaminant levels both in residences and in facilities
where food is processed and stored.149
Committee on Indoor Air Quality
Twenty-three federal agencies, including all of those discussed above, are members of an
interagency committee that meets tri-annually to discuss their activities related to indoor air. The
Committee on Indoor Air Quality (CIAQ)150 was formally established in response to the Radon
Gas and Indoor Air Quality Research Act (discussed above). That act directed EPA to carry out
and coordinate indoor air research and related activities with the assistance of a federal
interagency committee and an advisory committee comprised of representatives of the states,
“scientific community, industry, and public interest organizations.”151 The current interagency
committee has five co-chairs, EPA, DOE, OSHA, NIOSH, and CPSC.152
Agencies cooperating in the CIAQ that have not been discussed above include the Department of
Interior, National Aeronautics and Space Administration, Small Business Administration, the
Department of State, and the Department of the Treasury. These departments and administrations
may use their general administrative authority to improve environmental quality in their own
facilities or for facilities they construct or support; implement guidance or regulations issued by
EPA or OSHA; or conduct research relevant to their general missions.153 For example, the
National Atmospheric and Space Administration conducts research to determine levels of gases
emitted from test materials that might be used in vehicles or stations.154 The Internal Revenue
Service, in the Department of the Treasury, administers the tax code, which provides incentives
and disincentives to energy conservation and alternative fuels which may affect indoor emissions
as well as ventilation rates. For other examples of programs in these agencies, see EPA’s 1989
Report to Congress on Indoor Air Quality, Volume II: Assessment and Control of Indoor Air
148
USDA, “USDA Rural Housing Repair and Rehab Loans,” May 2, 2012, http://www.neighborhoodlink.com/article/
Homeowner/Rural_Repair_Loans.
149
USDA, Agricultural Research Service, News and Events, “New Traps ‘Bust’ Dust—and Indoor Insect Pests,”
http://www.ars.usda.gov/is/pr/2001/010223.htm.
150
Federal Interagency Committee on Indoor Air Quality (CIAQ), August 20, 2012, http://www.epa.gov/iaq/ciaq/
index.html.
151
Precursors to the current committee date back to at least 1979, according to the U.S. General Accounting Office
(GAO, now the Governmental Accountability Office), Indoor Air Pollution: An Emerging Health Problem, CED-80111, September 24, 1980, p. 14, April 21, 2012, http://www.gao.gov/assets/140/130509.pdf.
152
The 18 other departments and agencies are: the Access Board (a federal agency committed to accessible design),
Department of Agriculture, Office of Architect of the Capitol, Department of Commerce, Department of Defense,
GSA, HHS, HUD, Department of Interior, Department of Justice, Department of Labor, National Aeronautics and
Space Administration, National Institute of Standards and Technology, Small Business Administration, Department of
State, Tennessee Valley Authority, Department of Transportation, and Department of Treasury, as of April 21, 2012,
(http://www.epa.gov/iaq/ciaq/members.html.)
153
For example, see “Current DOD Policies and Directives on Energy Conservation,” by Mark Halverson at
http://www.wbdg.org/pdfs/usace_ewcdr_dod_policies.pdf, or the U.S. Department of Veterans Affairs’ “Green
Buildings Action Plan,” at http://www.cfm.va.gov/TIL/sustain/GreenBuildMouImplement.pdf.
154
EPA Report to Congress, vol II, p. 9-9.
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Pollution, Exhibit 9-6 on pages 9-9 to 9-10 (EPA Office of Air and Radiation, EPA/400/189/001CANR-445).
State and Local Programs
State governments are active and often dominant partners in ensuring safe indoor environments.
Many states have statutes relating to radon, asbestos, lead, carbon monoxide, formaldehyde, and
other indoor pollutants. Most states have enacted laws prohibiting smoking in workplaces,
restaurants, and bars.155 Some states, such as California, New Jersey, and Washington, have been
particularly active in promoting indoor environmental quality to protect worker health.156 For a
list of state and regional radon and indoor air contacts, visit EPA’s website “Indoor Air, Where
You Live, State and Regional Contact Information.”157 A database of state indoor air quality laws
is kept by the Environmental Law Institute.158 A specialized database focused on schools also is
available.159
Local governments vary in the scope of authority they are given under their state constitutions,
but many forms of local government intervene to promote indoor environmental quality by
issuing and enforcing ordinances or issuing and advising citizens about guidance. City zoning,
building codes, and licensing of professional contractors can be powerful influences over
conditions indoors.
Issues
Numerous agencies have contributed to federal efforts to understand and control indoor
environmental quality. Given the diverse nature of pollutants and indoor environments, the
number of contributing agencies may not be surprising. However, some analysts have questioned
the overall adequacy and efficacy of federal initiatives. Others would prefer a smaller or more
focused role for the federal government in addressing indoor pollution, given fiscal limitations or
a view that indoor pollution problems might be more amenable to state or local remedies. These
issues, the adequacy and efficacy of existing federal actions and the proper role of federal
programs relative to state and local programs, are discussed below.
Adequacy and Efficacy of Federal Actions
GAO has been highly critical of federal efforts to address indoor environments. The abstract of a
1980 GAO report on indoor air pollution summarizes its general, continuing view: “Federal
efforts to deal with the problem have been piecemeal, receiving little support primarily because
155
American Nonsmokers’ Rights Foundation, Summary of 100% Smokefree State Laws and Population Protected by
100% U.S. Smokefree Laws, October 7, 2011, http://www.no-smoke.org/pdf/SummaryUSPopList.pdf.
156
OSHA, Indoor Air Quality, May 7, 2012, http://www.osha.gov/SLTC/indoorairquality/.
157
EPA, “Indoor Air, Where You Live, State and Regional Contact Information,” May 7, 2012, http://www.epa.gov/
iaq/whereyoulive.html.
158
Environmental Law Institute, Indoor Environments & Green Buildings Policy Resource Center, Database of State
Indoor Air Quality Laws, February 2012, May 7, 2012, http://www.eli.org/Buildings/iaq_databases.cfm.
159
ELI, Database of State Indoor Air Quality Laws: Database Excerpt: IAQ in Schools, February 2012, May 7, 2012,
http://www.eli.org/Buildings/iaq_databases.cfm.
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no one Federal agency has responsibility for the problem. Until responsibility is assigned to one
agency to oversee Federal efforts, they will continue to be ineffectual.”160
In 1991, GAO looked at the state of indoor air research by the federal government and concluded
“that EPA’s emphasis on indoor air pollution, as reflected by the amount of funding for research
and related activities, was not commensurate with the health risks posed by the problem … [and]
that better coordination was needed among federal agencies in their indoor air-related activities,
including research.”161
Moreover, GAO reported that “the indoor air program, unlike other statutorily mandated EPA
programs, did not have the kinds of legislatively mandated time frames and goals that tend to
drive the resource allocation process and set research funding priorities.”162
Finally, GAO noted:
In passing title IV of SARA, the Congress expected EPA to work with other federal agencies
that have programs affecting indoor air quality and to develop a national program addressing
indoor air pollution. Although CIAQ was established for this purpose, it has not been as
effective as it could be because of the limited commitment of other federal agencies.
Furthermore, CIAQ lacks a clear charter that establishes the roles and responsibilities of all
federal agencies and defines how the agencies will work together to address indoor air
issues.163
Eight years later, another GAO report was more complimentary:
notable progress has been made in understanding the problem of indoor pollution and in
devising strategies for mitigating pollutant exposures. Consumer products have been
reformulated, and building materials and practices have been altered. Guidance documents
have also been developed for use by building managers, homeowners, and consumers to help
them better understand the causes and sources of indoor pollution and enable them to take
steps to prevent pollution problems or remedy them when they occur.164
However, GAO also noted that “many gaps in knowledge and understanding of the problem
remain.”165
The consensus of experts GAO consulted is that significant progress in filling these gaps and
resolving these uncertainties will require a comprehensive and coordinated research effort
involving multidisciplinary research teams composed of experts in such areas as
epidemiology, exposure assessment, medicine, chemistry, microbiology, and building
systems.166
160
GAO, Indoor Air Pollution: An Emerging Health Problem, CED-80-111, September 24, 1980.
GAO, Indoor Pollution: Status of Federal Research Activities, August 1999, GAO/RCED-99-254, p. 3.
162
Ibid.
163
Ibid., p. 6-7.
164
Ibid., p. 5.
165
Ibid.
166
Ibid.
161
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Experts consulted by GAO also argued that research should promote “a clear understanding of
cause and effect relationships—not just documentation of phenomena, as has often been the case
up to now.”167
GAO also has examined more than 90 initiatives of 11 federal agencies aimed at fostering green
building in the nonfederal sector.168 HUD, DOE, and EPA lead more than two-thirds of such
efforts. DOE chairs an Interagency Energy Management Task Force, which includes 10 of the 11
federal agencies, to encourage collaboration on green building in the federal sector.169 “However,
GAO did not identify a governmentwide effort to collaborate on green building issues, including
shared goals and common performance measures, for the nonfederal sector” and concluded that
such an effort would be useful to identify opportunities for enhancing efficiency and reducing
costs.170
Concerns about coordination of federal efforts to address indoor pollution have been expressed by
the general public, GAO, and the U.S. Congress in the aftermath of various national crises. For
example, after the attack on the World Trade Center, which left surrounding business and
residential spaces alike contaminated with asbestos, corrosive dust, and other debris, Congress
investigated EPA testing and clean up of the neighborhood171 and the need for better data
collection to assess health impacts.172 A lawsuit was filed challenging the adequacy of EPA’s
efforts to test for and clean up contamination.173 EPA’s Inspector General also found the clean-up
effort inadequate, and recommended that EPA should “develop protocols for determining how
indoor environmental contamination would be handled in the event of a future disaster.”174 The
Natural Resources Defense Council issued a report critical of response efforts.
As a result of the ambiguous jurisdictional setting, some important governmental functions
related to the environmental health emergency following September 11th slipped through the
cracks. Information on health risks and safety precautions was not effectively communicated
to the public. Environmental health protection for workers at Ground Zero was given lower
importance compared to other priorities. Residents and office workers were largely left to
fend for themselves when confronting questions of debris cleanup and short-term health
symptoms that followed from the September 11th attacks. And while several registries are
being launched [in 2002] to aid in systematic tracking of health complaints and illnesses of
some Ground Zero workers (for example, firefighters), no comprehensive registry of nearby
residents, office workers, and students who experienced heath problems related to September
11th was created.175
167
Ibid., p. 9.
GAO, 2012 Annual Report: Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings,
and Enhance Revenue, GAO-12-342SP, February 2012, pp. 175-179.
169
Ibid.
170
Ibid.
171
GAO, World Trade Center: EPA’s Most Recent Test and Clean Program Raises Concerns That Need to Be
Addressed to Better Prepare for Indoor Contamination Following Disasters, GAO-07-1091, September 2007.
172
U.S. Congress, Committee Hearing, June 26, 2007
173
John B. Stephenson, Testimony Before the Subcommittee on Superfund and Environmental Health, Committee on
Environment and Public Works, U.S. Senate, World Trade Center, Preliminary Observations on EPA’s Second
Program to Address Indoor Contamination, GAO-07-806T, June 20, 2007, p. 2.
174
GAO, World Trade Center: EPA’s Most Recent Test and Clean Program Raises Concerns That Need to Be
Addressed to Better Prepare for Indoor Contamination Following Disasters, GAO-07-1091, September 2007, p. 3.
175
Megan D. Nordgrén, Eric A. Goldstein, and Mark A. Izeman, The Environmental Impacts of the World Trade
(continued...)
168
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Agencies have coordinated efforts more deliberately since the National Response Plan was
released at the end of 2004 specifically for response to national disasters. Nevertheless, after
Hurricane Katrina, federal agency coordination regarding the identification and clean up of mold
became an issue,176 as did the formaldehyde levels found in some trailers provided by the Federal
Emergency Management Agency and used to house displaced residents of the affected area.177
In 2007, GAO examined EPA’s continuing efforts to address indoor contamination resulting from
the World Trade Center collapse and concluded: “While EPA has acted upon lessons learned
following this disaster, some concerns remain about its preparedness to respond to indoor
contamination following future disasters. Specifically, EPA has not developed protocols on how
and when to collect data to determine the extent of indoor contamination.”178
In the future, if climate change increases the frequency or severity of extreme weather events, as
some predict, more frequent crises may be expected, sometimes with attendant air quality
problems.179 A report by the National Academy of Sciences warns that many indoor air quality
problems might get worse if adaptations to climate change are made without better information
and programs aimed at pollution prevention.180
Federal, State, and Local Responsibilities
The appropriate role of the federal government in addressing indoor pollution also is open to
discussion. In prior Congresses, some policy makers introduced legislation that would have
expanded and strengthened federal involvement in achieving indoor air quality; less attention has
been given to other aspects of indoor pollution.181 Other policy makers preferred a more limited
federal role.182 A few have questioned the need for any action, arguing that there was insufficient
evidence that a problem existed.183
Proposed legislation in the 102nd Congress, H.R. 1066, would have provided “a system for
developing a national response plan to be taken to reduce exposure to indoor air contaminants”
and would have allowed states “to develop response programs to reduce indoor air pollution”
within the states.184 In addition, H.R. 1066 would have authorized research at OSHA and
(...continued)
Center Attacks: A Preliminary Assessment, February 2002, Natural Resources Defense Council, Washington DC, p. 9.
176
GAO, Indoor Mold: Better Coordination of Research on Health Effects and More Consistent Guidance Would
Improve Federal Efforts, GAO-08-980, September 2008.
177
Federal Emergency Management Agency, “FEMA’s Ongoing Response to Formaldehyde,” February 12, 2008, HQ08-002b, May 10, 2012, http://www.fema.gov/news/newsrelease.fema?id=42586.
178
GAO, World Trade Center: EPA’s Most Recent Test and Clean Program Raises Concerns That Need to Be
Addressed to Better Prepare for Indoor Contamination Following Disasters, GAO-07-1091, September 2007,
Highlights.
179
Institute of Medicine, 2011, Climate Change, the Indoor Environment, and Health, National Academies Press,
Washington DC, prepublication copy, p. 5-2.
180
Institute of Medicine, ibid., pp. 6-15 – 6-16, 8-7 – 8-13.
181
For example, in the 105th Congress Rep. Joseph P. Kennedy II introduced the Indoor Air Act of 1997, H.R. 2952.
182
U.S. Congress, House Education and Labor, Health and Safety, Legislative Hearings on H.R. 1066, the Indoor Air
Quality Act of 1991, 102nd Cong., 1st sess., July 10, 1991, Serial No. 102-41 (Washington: GPO, 1991), p. 127.
183
Ibid., June 26, 1991, pp. 50-51.
184
Ibid., July 10, 1991, p. 71.
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mandated cooperation among OSHA, EPA, and NIOSH to conduct research and, if necessary, to
issue standards.185 The most recent version of the Indoor Air Quality Act, H.R. 2952 in the 105th
Congress, was less ambitious; it would have directed EPA to publish a list of common sources of
indoor air health risks and voluntary guidelines for identifying, reducing, and preventing such
risks. EPA would have been directed to investigate contractor businesses to determine whether
there was a need for a program to certify contractors, and if there was, to establish a voluntary
certification program. Finally, the bill would have authorized EPA to provide grants to states and
local governments to implement programs to identify, reduce, and prevent indoor air risks. Since
1998, no legislation has been introduced that would comprehensively address federal control of
indoor air quality, or indoor environmental quality more generally.
During hearings on H.R. 1066, real estate developers and builders suggested that the federal role
should be limited to research for which building owners and developers lack sufficient
resources.186 They argued that building designers and managers already are subjected to building
code standards with regional or local application, which they believed would be more effective
than national standards, because regional and local standards would be better tailored toward
local climates.187 It is true that local zoning ordinances and state building and housing codes
traditionally are used to address many indoor pollution concerns. For example, state and local
governments have controlled smoke, dust, carbon monoxide, and pests, simply by requiring
adequate ventilation, insulation, screening, filtration, and/or mechanical cooling or heating to
improve air quality indoors. State and local regulations also address such problems as lead-based
paint, formaldehyde emissions, and pesticide use.
Building developers also noted the active involvement of private consensus organizations, such as
the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE), as
well as real estate trade associations, in addressing concerns about asbestos management and
disclosure during real estate transactions.188 Voluntary standards often are generally applicable,
regardless of building use, and they tend to be aimed at preventing rather than remediating
problems. By contrast, federal regulations for indoor environments tend to be pollutant or
situation-specific, and reactive, addressing cleanup rather than prevention of indoor pollution.
Options
Many options are available to Congress with respect to indoor pollution. Options range from
maintenance of the status quo to expansion or reduction of federal involvement in research,
information dissemination, financial incentives, or regulation.
Improving on the Status Quo
Some policy makers might prefer to do nothing new, leaving the current statutory directives and
authorities described above and associated appropriation levels intact and allowing federal
185
Ibid.
U.S. Congress, House Education and Labor, Health and Safety, Legislative Hearings on H.R. 1066, the Indoor Air
Quality Act of 1991, 102nd Cong., 1st sess., June 26, 1991, Serial No. 102-41 (Washington: GPO, 1991), p. 124.
187
Ibid.
188
Ibid., p. 101.
186
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agencies to continue to implement their programs as they have in the past. This approach has the
advantages of familiarity and predictability as well as experienced personnel to carry out federal
programs. It would entail no new resources. Congress might choose this alternative if it finds that
the programs are adequate to address any potential or acknowledged indoor pollution problems.
On the other hand, any inadequacies or inefficiencies in the current system would be expected to
persist.
If Congress wants help in understanding whether or not there is a need for current or additional
federal programs addressing indoor environments, it might want to form a blue ribbon panel of
scientists or stakeholders to examine the state of knowledge about indoor environments and
pollutants and how they currently are regulated. A report could form the basis of future oversight
hearings and perhaps also legislation.
A third avenue might be to better coordinate current levels of federal involvement, as
recommended by the 1997 Presidential and Congressional Commission on Risk Assessment and
Risk Management. The commission recommended legislation that would mandate a coordinated
strategy by EPA, CPSC, OSHA, and other federal agencies to address the issue, noting that while
outdoor air pollution is extensively regulated, “many problems in offices, public buildings, and
homes remain relatively unrecognized and unaddressed.”189 The commission observed that a
more effective and coordinated approach to dealing with this issue was unlikely to emerge
without a mandate from the Congress.190
Reducing the Federal Role
Alternatively, Congress might conclude that enough already is known about the potential risks of
indoor pollutants and that current knowledge justifies reducing federal support for, and conduct
of, research and other programs. This option may be appealing if Congress finds that the issue
does not merit current efforts or that activities would be better coordinated and conducted by
local or state government personnel or by the private sector. The advantages of reduced
involvement would be the reduced costs to tax payers, fewer mandates to state and local
governments, and possibly reduced distortion of the marketplace for building materials (if such
exists), which might be a more efficient guide to consumer preferences for new products and
services. Disadvantages might include reduced research and therefore less knowledge as a basis
for the design, implementation, and evaluation of agency programs. Depending on where cuts
were made, agencies might become less effective at developing or disseminating information,
coordinating with other agencies, or regulating indoor environments. Or, to the degree that states,
universities, and others may spend more to replace federal efforts, duplicative or inefficient
efforts could result in lower cost-effectiveness and possibly a greater use of societal resources.
However, if Congress also curtailed federal activities and funding for controlling indoor
environments, any inefficiencies due to reduced knowledge might be proportionately less
significant.
If Congress ended all federal activities aimed at understanding or controlling indoor
environments, any public health impacts of exposure to known (e.g., smoke or carbon monoxide
189
The Presidential/Congressional Commission on Risk Assessment and Risk Management, Risk Assessment and Risk
Management in Regulatory Decision-Making, Final Report, Vol. 2, 1997, p. 119.
190
Ibid.
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contamination of indoor air) or undiscovered pollutants would remain, or even be exacerbated:
Employees and visitors to federal buildings would be exposed to pollutants, and workers might be
subject to potentially harmful conditions in commercial establishments if state and local
governments did not retain their own programs. The latter result may seem unlikely, given the
traditional role of many state and local governments, but indoor environmental controls at the
state level are quite variable.191
Another path might involve a search for specific federal activities that could be eliminated or
reduced. Congress could examine current programs in oversight hearings or ask a panel of experts
to inform the process by providing a report to Congress. Legislative action could follow to reduce
authority or funding for initiatives that Congress found to be redundant or relatively unimportant.
This approach might be able to save money while sacrificing little or no public health benefit.
Increasing the Federal Role
Other possible paths for Congress would involve some commitment to increasing the federal role,
perhaps as proposed in H.R. 1066, discussed above. An advantage of an increased federal role
might be an increased consistency across states in housing or building codes, or in regulation of
consumer products. Interstate consistency could facilitate interstate commerce and reduce some
obstacles to business development. Building construction and maintenance might be simplified if
guidance and regulations were standardized. On the other hand, increased guidance or regulation
might impose a burden on businesses that currently operate in a less regulated environment.
Alternatively, an increased role could be effected simply through budgetary actions, perhaps
focused on research and information dissemination initiatives. According to some, federal
funding for indoor pollution-related research is disproportionately small relative to the costs that
indoor pollution imposes on individuals and society, according to estimates of these costs by EPA
and other federal and private sector researchers.192 Items considered in cost calculations include
medical treatment and reduced productivity due to workers’ absences when ill and impaired
performance on the job due to exposure to indoor pollution. Researchers at DOE’s Lawrence
Berkeley National Laboratory estimated these costs to the United States in the tens of billions of
dollars and productivity gains that might be achieved at a similarly high level.193
For example, nationwide savings and productivity gains from reduced respiratory disease
have been estimated at between $6 billion and $19 billion annually. From reduced allergies
and asthma, a subset of respiratory diseases, such savings and gains have been estimated at
between $1 billion and $4 billion annually. From reductions in the health symptoms that are
associated with sick building syndrome, such savings and productivity gains have been
estimated at between $10 and $20 billion annually. Finally, from direct improvements in
workers’ performance that are unrelated to health (because indoor environmental factors can
affect comfort and productivity without producing discernible health effects) estimates of
productivity gains have been put at between $12 billion and $125 billion annually.
According to the DOE scientists, a comparison of the potential economic benefits of
191
National Center for Healthy Housing, Training, Housing Codes, June 7, 2012, http://www.nchh.org/Training/
HealthyHomesTrainingCenter/TrainingCourses/CodeInspectionforHealthierHomes/StateHousingCodes.aspx.
192
William J. Fisk and Arthur H. Rosenfeld, Estimates of Improved Productivity and Health From Better Indoor
Environments, Indoor Environment Program, Lawrence Berkeley National Laboratory, Office of Energy Efficiency
and Renewable Energy, DOE (May 1997). Also published in Indoor Air, Vol. 7 (September 1997) pp. 158-172.
193
Ibid.
Congressional Research Service
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improving indoor environments with the costs of achieving such improvements suggests that
benefits exceed costs by a very large factor.194
Thus, public health and the national economy might benefit from an increased federal role,
particularly if increased funding for research and dissemination prompted states to improve
indoor environmental quality. However, there is considerable uncertainty about the effectiveness
of expanded federal research and the cost estimates in the referenced analysis.
Author Contact Information
(name redacted)
Specialist in Environmental Policy
[redacted]@crs.loc.gov, 7-....
194
(name redacted)
Specialist in Environmental Policy
[redacted]@crs.loc.gov, 7-....
Ibid.
Congressional Research Service
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