Chemical regulation a risky path

As people and newspapers around the state are beginning to notice, Maine is apparently trying to lead the way among states taking action against chemicals alleged to cause harm to the population. For example, we’re one of just two states that have independently taken action to limit the use of certain flame retardants in consumer products to prevent them from catching fire. And now the state’s considering empowering our Department of Environmental Protection to take action against any substance that it deems potentially harmful to the populace.

We are on a dangerous path. This approach to “regulation-by-public-opinion” leads to public policies that are based predominantly on emotion, rather than hard facts or demonstrable science, and such decisions may actually cause more harm than good in the long run to humans, the environment and the economy. Such an approach burdens our taxpayers with elaborate regulatory schemes that, for a variety of reasons, are best left to the federal government.

Last year’s flame retardant debate is a good example of using emotion to develop regulations. The specific substance that was banned last year, known as Deca-BDE, is the most studied flame retardant in history. It was the sole focus of a 10-year risk assessment conducted by the European Union, and has also been analyzed and by such other groups as the U.S. Environmental Protection Agency, the National Academy of Sciences and the Consumer Product Safety Commission, all of whom have concluded that the product is safe for continued use. And just this past December, the European Union revisited its 2004 and 2005 conclusions about this substance and affirmed, again, that after reviewing all the available scientific information (approximately 1,000 studies) this product does not pose a risk to human health or the environment. Yet here in Maine we banned it in certain products.

Rather than relying on the scientific studies of several organizations both public and private, legislators relied on the claims of special interest groups and the limited, inconclusive results of a small, local study.

According to the State Fire Marshal’s Office, we had more than 71,000 fire incidents in 2005, including 22 fatalities and more than $16 million in property damage. Some of this could have been prevented if the state had not acted on the opinions of a vocal minority and instead done its due diligence and looked at the extensive scientific studies outlined here.

Maine is rapidly developing the mindset that everything man-made, and certainly everything chemical, poses an immediate and serious threat to the health and well-being of every man, woman, child, animal and plant in the state. In such an atmosphere it is easy to fan the flames of fear to the point where regulatory authorities and legislators are essentially stripped of their analytical and deliberative obligations and driven to take action for action’s sake, whether right or wrong, necessary or not. Important public policy decisions should be based on science and evidence, not on the sheer volume and shrill tone of a small but vocal minority proclaiming to be the voice of the people.

Continuing to shape regulatory policy in this way is damaging to Maine’s future. Without a consistent approach to policy development there can be no understanding of our rules and regulations for what may be understood today as truth tomorrow may be fallacy and if you bring your businesses into such a climate there will be no guarantees you will be treated fairly and judged on the facts. In a time when we need jobs and we need to cut the scope of government this inconsistent message helps ensure that Maine will become even more isolated economically, that businesses will not locate here and that job prospects for future generations will look bleak.

Maine’s people and environment deserve protection, but we should act based on facts not fear, on science not emotion, and we should not seek to enact regulatory schemes that are well beyond what the state can afford and enforce.

Sen. Douglas Smith, R-Dover-Foxcroft, represents District 27 in the Maine Senate.