1pppresentationgener al

Precautionary Principle Decision Making in the Face of Scientific Uncertainty : 

Precautionary Principle Decision Making in the Face of Scientific Uncertainty Debbie Raphael Toxics Reduction/Green Building Program Manager debbie.raphael@sfgov.org (415) 355-3711

Inspirational Legislation: Sweden’s Chemical Products Act : 

Inspirational Legislation: Sweden’s Chemical Products Act A scientifically based suspicion that a chemical may cause damage is enough for taking regulatory actions. The uncertainty that might arise from the hazard of using such a chemical shall not be carried by the general public but shall fall upon those who want to market the product.

Inspirational legislation: Here at home: 

Inspirational legislation: Here at home National Environmental Protection Act (NEPA,1969)

False sense of security: 

False sense of security “If it’s legal to buy… it must be safe to use”

Scientific Uncertainty“Ignorance is Bliss”: 

Scientific Uncertainty “Ignorance is Bliss” 80,000 chemicals in commerce Only 10% have “complete” information

The Problem:What we don’t know may hurt us: 

The Problem: What we don’t know may hurt us

The Precautionary Principle Transforming the way we make decisions : 

The Precautionary Principle Transforming the way we make decisions

The Precautionary Approach: 

The Precautionary Approach It is NOT sufficient to ask: Is it legal? Is it safe? We also MUST ask: Is it necessary?

The Public Process: 

The Public Process Direction from elected officials 18 months of public meetings Bay Area Working Group on the Precautionary Principle – NGO’s Input from business groups Committee on Jobs, Chamber of Commerce, Labor Unions, American Chemistry Council Consultation with subject matter experts

Moving From Theoretical Principle to Practical Policy : 

Moving From Theoretical Principle to Practical Policy Risk Assessment - What is an acceptable level of harm? (i.e. # of cancers in 1000 people) - Does this activity or product fall within that acceptable level? - Single activity considered Alternatives Assessment - Is this potentially hazardous activity (product) necessary? - What less hazardous options are available? - How little damage is possible? - Multiple activities compared

The Precautionary Principle does not pre-determine an outcomeIt creates a process.: 

The Precautionary Principle does not pre-determine an outcome It creates a process.

San Francisco’s Precautionary Principle Ordinance: 

San Francisco’s Precautionary Principle Ordinance Chapter One of Environment Code – over arching principle. - For complete text see: www.sfenvironment.org Five Tenets Define a Mechanism for Implementation

San Francisco’s 5 Tenets: 

San Francisco’s 5 Tenets Duty to take anticipatory action to prevent harm Right to know complete and accurate information – burden is on the proponent to supply it

San Francisco’s 5 Tenets: 

San Francisco’s 5 Tenets Duty to examine a full range of alternatives, including doing nothing Must consider the full range of costs, including costs outside the initial price

San Francisco’s 5 Tenets: 

San Francisco’s 5 Tenets Decisions must be transparent, participatory and informed by the best available information

Implementation: Pressure Treated Wood : 

Implementation: Pressure Treated Wood Arsenic is present and is leaching out (CCA) Known human carcinogen Set transparent and science-based criteria for comparison Alternatives assessment revealed less toxic formulations exist and meet performance needs (ACQ, CBA, CA) – No additional cost. CCA: Legal = Yes Safe = ? Necessary = NO

Slide17: 

HOWEVER: For saltwater applications Arsenic treated wood is the most environmentally preferable formulation of pressure treated wood

Pest Management: 

Pest Management Pesticides: Legal = yes Safe = ? Necessary = not always

Selection Criteria:: 

Selection Criteria: Human Health Acute Chronic Environmental Bio-accumulation Half-life Ground water contaminant Non-Target Effects Wildlife Bees Fish Type of Application Broadcast Spot Treatment Mode of Application Liquid Spray Granules Solid or gel baits Location Hillside Aquatic Turf areas Hard surfaces Indoor

Citywide use of RoundUp: 

Citywide use of RoundUp

Pest Management : 

Pest Management Reduced overall pesticide use by 79% Reduced toxicity of those pesticides still in use No additional costs – outside of time for initial training

Implementation: Cleaning Products : 

Implementation: Cleaning Products Toxic Ingredients: Legal = Yes Safe = ? Necessary = NO

Custodial Selection Criteria: 

Custodial Selection Criteria Acute Toxicity Carcinogens and Reproductive Toxins Eye and Skin Irritation Skin Sensitization Skin Absorption Potential Combustibility VOC Content Aquatic Toxicity Eutrophication Aquatic Biodegradability Concentrate Fragrances Prohibited Ingredients Non aerosol and other packaging Training Cost/Performance

The Precautionary Principle: 

The Precautionary Principle ≠ Zero risk ≠ Zero science ≠ Loss of jobs ≠ Predetermined outcome (i.e. ban) = Minimize harm = Maximize info./science = Increase innovation = Transparent Process for public decision making

Why should Cities adopt a policy?: 

Why should Cities adopt a policy? Offers a decision making process that is explicit about the values of: Preventing harm Right to know / Full Disclosure Public Participation Expands the pool of people asking the question: Is it necessary? Strengthens the foundation of existing precautionary measures.

Re-defining the Central Question for Decision Makers: 

Re-defining the Central Question for Decision Makers It is NOT sufficient to ask: Is it legal? Is it safe? We also MUST ask: Is it necessary?

San Francisco’s Precautionary Principle Ordinance: 

San Francisco’s Precautionary Principle Ordinance Chapter One of Environment Code - For complete text see: www.sfenvironment.org Debbie Raphael: debbie.raphael@sfgov.org

San Francisco’s 5 Tenets: 

San Francisco’s 5 Tenets Duty to take anticipatory action to prevent harm Decisions must be transparent, participatory and informed by the best available information Right to know complete and accurate information

San Francisco’s 5 Tenets: 

San Francisco’s 5 Tenets Duty to examine a full range of alternatives, including doing nothing Must consider the full range of costs, including costs outside the initial price

The Precautionary Principle: 

The Precautionary Principle ≠ Zero risk ≠ Zero science ≠ Loss of jobs ≠ Predetermined outcome (i.e. ban) = Minimize harm = Maximize info./science = Increase innovation = Transparent Process for public decision making

Re-defining the Central Question for Decision Makers: 

Re-defining the Central Question for Decision Makers It is NOT sufficient to ask: Is it legal? Is it safe? We also MUST ask: Is it necessary?

Historical  Perspective: 

Historical Perspective

Germany 1970’sVorsorge-prinzip: 

Germany 1970’s Vorsorge-prinzip Black Forest die-off of trees German Government suspects acid-rain from coal burning power plants Can’t prove cause and effect Invokes “Vorsorge” (foresight) to regulate emissions

Rio Earth Summit 1992  Principle 15: 

Rio Earth Summit 1992 Principle 15 In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

Wingspread Conference1998: 

Wingspread Conference 1998 Where an activity raises threats of harm to the environment or human health, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. In this context the proponent of an activity, rather than the public bears the burden of proof. The process of applying the Precautionary Principle must be open, informed and democratic, and must include potentially affected parties. It must also involve an examination of the full range of alternatives, including no action.

City of San Francisco 2003: 

City of San Francisco 2003 Where threats of serious or irreversible damage to people or nature exist, lack of full scientific certainty about cause and effect shall not be viewed as sufficient reason for the City to postpone cost effective measures to prevent the degradation of the environment or protect the public health of its citizens.

Mendocino County – 2006: 

Mendocino County – 2006 When it is apparent that an activity is a potential threat to the environment or human health, full scientific certainty is not necessary to initiate precautionary action. Precautionary decision-making is based on a thorough examination of alternatives, transparency, participatory democracy, and prevention of harm.