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1. 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
3. Inspirational legislation: Here at home National Environmental Protection Act (NEPA,1969)
4. False sense of security “If it’s legal to buy…
it must be safe to use”
5. Scientific Uncertainty“Ignorance is Bliss”
80,000 chemicals in commerce
Only 10% have “complete” information
6. The Problem:What we don’t know may hurt us
7. The Precautionary Principle Transforming the way we make decisions
8. The Precautionary Approach
It is NOT sufficient to ask:
Is it legal?
Is it safe?
We also MUST ask:
Is it necessary?
9. 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
10. 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
11. The Precautionary Principle does not pre-determine an outcomeIt creates a process.
12. 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
13. 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
14. 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
15. San Francisco’s 5 Tenets Decisions must be transparent, participatory and informed by the best available information
16. 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
17. HOWEVER:
For saltwater applications
Arsenic treated wood is the most environmentally preferable formulation of pressure treated wood
18. Pest Management Pesticides:
Legal = yes
Safe = ?
Necessary = not always
19. 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
20. Citywide use of RoundUp
21. 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
22. Implementation: Cleaning Products
Toxic Ingredients:
Legal = Yes Safe = ? Necessary = NO
23. 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
24. 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
25. 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.
26. 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?
27. San Francisco’s Precautionary Principle Ordinance Chapter One of Environment Code - For complete text see: www.sfenvironment.org
Debbie Raphael: debbie.raphael@sfgov.org
28. 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
29. 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
30. 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
31. 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?
32. Historical Perspective
33. Germany 1970’sVorsorge-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
34. 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.
35. Wingspread Conference1998 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.
36. 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.
37. 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.