ENVIRONMENTAL LAW INSTITUTE RESEARCH REPORT State and Local Indoor Air Quality Programs: Five Case Studies November 1997 STATE AND LOCAL INDOOR AIR QUALITY PROGRAMS: FIVE CASE STUDIES Environmental Law Institute Copyright © 1997 Acknowledgements This report was prepared by the Environmental Law Institute (ELI) with funding from the U.S. Environmental Protection Agency (EPA) under Assistance Agreement ID No. X-824881-01. It does not represent the views of the EPA and no official endorsement should be inferred. Environmental Law Institute staff contributing to this report were Tobie Bernstein, Maura Carney, Paul Locke, Jay Pendergrass, Vanessa Reeves and Carrie Bader. Mary Becker and Michele Straube also contributed significantly to the report. The assistance of program officials from the states of California, Florida, Minnesota and Vermont, and municipal officials from Montgomery County, Maryland, is gratefully acknowledged. Copyright © 1998 Environmental Law Institute ®. A limited license is hereby granted to visitors to the ELI Web site to download, electronically or mechanically store, or retrieve and print one copy of this work in its electronic format for personal, academic research, or similar non-commercial use only, provided that notice of copyright ownership appears prominently on the copy. Electronic retransmission of the work without the express consent of the Environmental Law Institute is strictly prohibited. All other rights reserved. State and Local Indoor Air Quality Programs Copyright©, Environmental Law Institute®, 1997. All rights reserved. ELI Project #960901 (Environmental Law Institute®, The Environmental Forum®, ELR®, and the Environmental Law Reporter® are registered trademarks of the Environmental Law Institute.) Table of Contents Page No. Acknowledgments Report Findings ............................................................... i Chapter One V Introduction ....................................................1 Chapter Two V State and Local Indoor Air Quality Programs ......................5 Chapter Three V California ....................................................27 Chapter Four V Florida .......................................................71 Chapter Five V Minnesota ...................................................111 Chapter Six V Vermont ......................................................143 Chapter Seven V Montgomery County, Maryland ...............................167 Appendices A & Agencies with Indoor Air Quality Functions B & Principal IAQ-Specific Legislation C & Principal IAQ Regulations Report Findings In the absence of a general regulatory indoor air quality (IAQ) program at the federal level, some states and local governments have seized the opportunity to protect the indoor environment and reduce health risks associated with indoor air contamination. The diversity of IAQ programs among these states makes it difficult to generalize about them. The four states and one local government surveyed for this report -- California, Florida, Minnesota, Vermont and Montgomery County (Maryland) -- have implemented a broad range of programs to address IAQ issues. These programs are illustrative of various strategies, tools and approaches that states can employ in protecting indoor air quality, a complex and multi-faceted field of environmental health. The federal government has played an important role in the development of state and local IAQ initiatives. In particular, the Environmental Protection Agency’s non-regulatory IAQ program has provided research, education and funding to state and local programs and has been a catalyst for indoor air activities in a number of areas. State and local officials generally support continuation of federal efforts to facilitate IAQ programs and to promote IAQ standards and guidelines that can be adapted at the state and local level. The findings in this chapter, set out below, highlight key features of the IAQ programs studied for this report. They describe the types of agencies that implement IAQ programs; mechanisms for coordinating IAQ activities among agencies; the nature of program activities; the relationship between state and local governments; and key factors affecting the development of IAQ programs, such as legislation, program resources and stakeholder participation. Jurisdiction over indoor air quality issues is divided among different state and local agencies, reflecting the multi-faceted nature of IAQ problems. Some states have established interagency IAQ working groups. In Florida and Vermont, working groups were created in order to develop policy and program recommendations in the area of indoor air quality. In California, the group began and continues to serve as a mechanism for sharing information and facilitating collaboration among state agencies. All four states surveyed have central IAQ programs within the state's health agency, while Montgomery County's central IAQ program is housed in the county's environmental agency. These programs vary considerably in focus and scope, though all address a broad range of IAQ issues and serve an informational or educational function. In California, extensive research activities are a foundation for the program's activities. Florida's program emphasizes technical assistance to building owners/managers and the public. Montgomery County, i Maryland also provides considerable technical assistance in facilitating resolution of IAQ problems. In addition to a central IAQ program, various state agencies typically address specific aspects of indoor air quality. These agencies include education (IAQ in schools); labor (IAQ in workplaces); general services/management (government buildings); building codes (ventilation and other construction standards); and agriculture (pesticide applications). Often, the agencies work with and receive support from the central IAQ program. The state's central IAQ program is generally non-regulatory in nature, focusing on a combination of research, education and technical assistance activities. In some cases, the program also enforces specific legislative or regulatory requirements -- for example, restrictions on smoking (Florida, Minnesota, Vermont), mandatory certification of radon professionals (Florida), or IAQ standards for enclosed sports arenas (Minnesota). Two types of state agencies are likely to carry out IAQ-related regulatory activities. The state labor agency is usually charged with implementing occupational health and safety standards, including those relating to indoor air quality. The state building codes agency is responsible for adopting new construction requirements, although these requirements are typically enforced locally through the building permit process. IAQ managerial functions are undertaken by the state agency responsible for construction, operation and maintenance of state-owned or leased buildings. Florida, California and Vermont actively address IAQ in public buildings through their general services/management agencies. While indoor air quality in schools has been a common concern, local school districts generally have considerable autonomy in decision making, and the role of the state is limited accordingly. Vermont has taken a broad approach by establishing an interagency committee to develop policy and program recommendations. Minnesota provides funds to school districts for IAQ capital improvement projects. Both Minnesota and Florida provide technical assistance and information to local school officials. The Montgomery County Public School system is responsible for school construction and maintenance and has an active IAQ program. The role of local governments in indoor air quality issues depends in part on local financial and political commitment to IAQ problems, and in part on the relationship between state and local governments. In Florida, where the state implements a local matching grants program, the majority of the state's population is covered by a local health department IAQ program. A small number of these local programs predated state assistance. In Montgomery ii County, Maryland, the county government has an active IAQ program despite the absence of a formal state IAQ program. The development of IAQ programs reflects the general interest in IAQ issues on the part of officials, legislators and the public, as well as concern arising from specific, highly publicized IAQ problems. IAQ problems in individual government buildings and schools in Florida and Vermont have spurred the development of IAQ activities in those states, while climatic conditions in Minnesota and Florida have focused attention on specific IAQ issues. Although states generally have not enacted comprehensive IAQ laws, legislation has played a significant role in the development of IAQ programs. State laws have mandated the creation of IAQ programs and authorized or required a variety of IAQ program activities. State laws have also regulated behavior related to indoor air quality, particularly with respect to smoking and radon. There are relatively few state regulations establishing mandatory IAQ standards or protocols, though agencies have promulgated regulatory requirements specific to certain environments or circumstances. One common area of regulation is building codes, where new construction standards generally include minimum ventilation requirements. California is notable among the states surveyed for regulations governing operation and maintenance of workplace ventilation systems. Minnesota has adopted IAQ standards for enclosed sports