Slashdot Mirror


EPA Proposes Limits To Science Used In Rulemaking (reuters.com)

An anonymous reader quotes a report from Reuters: The U.S. Environmental Protection Agency proposed a rule on Tuesday that would limit the kinds of scientific research it can use in crafting regulations, an apparent concession to big business that has long requested such restrictions. Under the new proposals, the EPA will no longer be able to rely on scientific research that is underpinned by confidential medical and industry data. The measure was billed by EPA Administrator Scott Pruitt as a way to boost transparency for the benefit of the industries his agency regulates. But scientists and former EPA officials worry it will hamstring the agency's ability to protect public health by putting key data off limits.

The EPA has for decades relied on scientific research that is rooted in confidential medical and industry data as a basis for its air, water and chemicals rules. While it publishes enormous amounts of research and data to the public, the confidential material is held back. Business interests have argued the practice is tantamount to writing laws behind closed doors and unfairly prevents them from vetting the research underpinning the EPA's often costly regulatory requirements. They argue that if the data cannot be published, the rules should not be adopted. But ex-EPA officials say the practice is vital.

31 of 314 comments (clear)

  1. Before saying it is good or bad : example ? by aepervius · · Score: 4, Interesting

    I mean I usually suspect the industry to want to hamstring the EPA, after all it forces them to take into account externalities, which they could otherwise ignore and cut corner. But what sort of research would be private and have an impact ? Before deciding either way I would need example. I am no friend of "trust us we were told that XYZ is bad for you" (The only counter example I can think of is military research, but I guess that would be exempt).

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
    1. Re:Before saying it is good or bad : example ? by Anonymous Coward · · Score: 5, Informative

      Medical research.

      The participants in a medical study generally are protected from having their medical histories exposed to the world.

      I suppose one could argue that knowing someone is 37, a non-smoker, takes over-the-counter asprin, and has high-blood pressure might not be enough to expose who they are. But in more detailed tests knowing someone had cancer in a timeframe or making their DNA public definitely could be invasive.

    2. Re:Before saying it is good or bad : example ? by Anonymous Coward · · Score: 5, Interesting

      But what sort of research would be private and have an impact ?

      Here's some of what the Union for Concerned Scientists had to say about attempted GOP legislation that tried to do the same thing:

      Agencies such as the EPA don’t make all this information publicly available for a number of very good reasons. Protecting individuals’ privacy is prime among them. For example, we’re all aware of the laws that protect the privacy of our medical records. The Secret Science bill appears to require the EPA to release such confidential personal health information about the participants in scientific studies if it wants to use health studies to make regulatory decisions—a direct violation of health privacy law. The bill also fails to protect intellectual property rights, another reason data often cannot be publicly released.

      Further, the bill would not compel companies and others to make their relevant data publicly available to the agency.

      The upshot is, if this bill became law, the EPA would not be able to use public health data protected by confidentiality agreements to enact science-based regulations. The result? The EPA would not be able to carry out its mission of protecting public health and the environment.

      What’s Wrong with Expecting the EPA to Make All of Its Data Available—Isn’t Complete Transparency a Good Thing?

    3. Re:Before saying it is good or bad : example ? by Anonymous Coward · · Score: 5, Informative

      Excerpt from a letter signed by 1000 scientists urging Pruitt not to do this:

      Proponents for these radical restrictions purport to raise two sets of concerns: reproducibility and
      transparency. In reality, these are phony issues that weaponize ‘transparency’ to facilitate political
      interference in science-based decisionmaking, rather than genuinely address either. The result will be
      policies and practices that will ignore significant risks to the health of every American.

      First, many public health studies cannot be replicated, as doing so would require intentionally and
      unethically exposing people and the environment to harmful contaminants or recreating one-time events
      (such as the Deepwater Horizon oil spill).

      Second, there are multiple valid reasons why requiring the release of all data does not improve scientific
      integrity and could actually compromise research, including intellectual property, proprietary, and
      privacy concerns. Further, EPA has historically been transparent in demonstrating the scientific basis of
      its decisions, so the public can hold the agency accountable to establish evidence-based safeguards; any
      changes should be made with the full consultation with and support of the scientific community.

    4. Re:Before saying it is good or bad : example ? by Zontar+The+Mindless · · Score: 3, Informative

      Not everything is about your politics.

      If a construction crew drops a girder, what happens if it hits a Trump voter? Is this any different from what happens if it hits a Clinton voter instead?

      I expect snark in response, of course, since you're more interested in looking clever than you are in finding truth.

      --
      Il n'y a pas de Planet B.
    5. Re: Before saying it is good or bad : example ? by Zontar+The+Mindless · · Score: 4, Informative

      They're compensated.

      Bull-hockey. Having one's entire life laid bare is hardly compensation for a free home page.

      --
      Il n'y a pas de Planet B.
    6. Re: Before saying it is good or bad : example ? by Calydor · · Score: 4, Insightful

      The general population disagrees or Facebook wouldn't be as successful as they are.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    7. Re:Before saying it is good or bad : example ? by Humbubba · · Score: 5, Insightful
      A statement is not scientific if it can't conceivably be proven wrong empirically. Testability is why I trust science to be the basis for EPA regulations and environmental laws.

      But instead of relying on science, our political system lets companies write the laws and regulations that govern them. As a result, we get abominations like polluted water in Flint MI, West Virginia, and North Carolina.

      Before releasing something into the water supply, samples should be tested for contaminants. And if those samples don't make the grade, those responsible need to be held accountable. Making discharge safe typically involves diluting it to approved contaminant levels before releasing it into the water supply. Simple, really. There are labs that can and do test discharge samples for a plethora of contaminants, acidity, color, dissolved oxygen, turbidity, etc. But they don't test for everything that might be dangerous - prescription drugs for example. These sort of things need to be put right before they are put in our water. But it won't happen if science doesn't make the rules and regulators don't enforce those rules.

      Because science and technology can verifiably be used to clean up the environment, whereas politics demonstratively won't, I propose replacing Scott Pruitt with AI. If AI is good enough for the CIA, it's gotta be better for the environment than a corrupt political lackey.

      --

      http://www.pbs.org/independentlens/videos/what-lies-upstream/

    8. Re:Before saying it is good or bad : example ? by Anonymous Coward · · Score: 5, Insightful

      Proponents for these radical restrictions purport to raise two sets of concerns: reproducibility and
      transparency. In reality, these are phony issues that weaponize ‘transparency’ to facilitate political
      interference in science-based decisionmaking, rather than genuinely address either.

      It is the same as pretty much everything else with them.

      1. Establish the desired outcome. Eliminate abortions, get more republicans elected, more tax cuts for high earners, etc.
      2. Determine what paths get that outcome ignoring ethics entirely or to a great degree.
      3. If necessary come up with "reasons" why you had to take those actions.
      4. Take those actions.

      With abortions, you have such things as requiring a 6 foot wide hallway. There have been no rational basis for why that is required beyond they wanted to shutdown more abortion clinics, but the stated reason was for the health of the people involved. In other words, they lied.

      In voting, you have protecting against fake voting as the stated reason. In practice their voting role purges, voter id requirements, etc, etc raise barriers to voting that tend to favour their side. In short, they lied again.

      With this you have the stated reason of protecting us from non verified info and such, but the outcome of gutting more of the EPA and making the planet dirtier. In short, they lied again.

      They elected someone known for lying and have established a pattern of lying continuously to get their way. None of this is new..

      Hell Trump just called the leader of North Korea "Very Honourable."

      Truth means nothing to these people. Only outcomes matter. It is all a means to the end.

  2. Do you want to end up watering crops with Brawndo? by Jeremi · · Score: 5, Insightful

    Because this is how you end up watering your crops with Brawndo.

    --


    I don't care if it's 90,000 hectares. That lake was not my doing.
  3. Fracking recipes, too? by ediron2 · · Score: 5, Interesting

    Is this end-to-unattributed data going to have a fat, juicy exception written for fracking compounds? Asking for my grandkids.

  4. Scott Pruitt just announced more transparency by rsilvergun · · Score: 5, Interesting

    in his administration. No joke, he didn't invite the press...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  5. There's actually another, unintended effect. by hey! · · Score: 5, Interesting

    The intent may be to hobble the use of public health data, but it will may also force pesticide companies to publish trade secrets in order to have their products registered for legal use. At present this data is treated as confidential by the EPA.

    This will not only affect new pesticides, it could also affect already registered pesticides, even if you grandfathered in the original registration. That's because a new registration number needs to be issued whenever the manufacturer changes any of the inert ingredients in the formulation, or even makes changes to the the production processes.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:There's actually another, unintended effect. by whoever57 · · Score: 4, Insightful

      but it will may also force pesticide companies to publish trade secrets in order to have their products registered for legal use. At present this data is treated as confidential by the EPA.

      Very funny!

      No. Your prediction is wrong. Approvals for pesticides are not "rulemaking".

      Here is a hint: if you think that a change that the administration is making isn't intended to benefit large companies, you are almost certainly wrong.

      --
      The real "Libtards" are the Libertarians!
  6. Re:Real Science is Reproducible by hey! · · Score: 5, Insightful

    Not disclosing public health data does not make a result non-reproducible. It just makes it less convenient to reproduce.

    In your conception of "reproducible", gravity wave detection is not science, because you can't reproduce the detection of any specific event.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  7. Skeptical Science by AlanObject · · Score: 5, Insightful

    I am skeptical of any Trump associate (or even any guy Trump likes) proclaiming they are trying to make a government agency more transparent. Remember this is the guy who insisted on a bug sweep of his government office and also installed an expensive privacy phone booth, and insists on a security detail greater than that of most 3rd world dictators. He gets favors like cheap rent from industry lobbyists and then tries to lie about it.

    And, for good measure, freely uses taxpayer money for luxury travel so lavish that even Trump has to notice.

    So spare me protestations that this member of the Trump clown show is going to make anything better at the EPA for anyone except his industry executive friends and that any criticism is just anti-Trump bias. For someone to have faith in him doing the right thing they would have to be delusional, ignorant, partisan or any combination.

    1. Re:Skeptical Science by AlanObject · · Score: 5, Interesting

      Why single out Trump, you really think there is a single politician left who isn't just interested in lining his own pockets and would harvest and sell your organs if he thought he'd get away with it?

      #1: The article was about a a Trump appointee and crony.

      #2: There are many politicians and even more career bureaucrats who are community minded, idealistic, and work hard from the common good. I am not going to name names here because I don't want to get into a shitstorm of denials and misinformation.

      #3: I will, however, point out that every time I see a statement like this, I remember there is one woman who has been investigated pretty much constantly for over a quarter of a century by the most nasty and mean legislators and political operatives using over $100M of taxpayer money to do so. A media network including Fox News, all right wing radio, and several print publications are fully dedicated to to defaming her. There has been no such thing as a crackpot theory or accusation that was too extreme to investigate. After all this she has not been indicted or convicted of one single crime.

  8. I’m with the Evil Death Industries on this o by Applehu+Akbar · · Score: 4, Insightful

    Environmental regulations should be strictly based on science, but it should be on published research with publicly available, peer reviewable data.

  9. Reproducibility? by mveloso · · Score: 5, Insightful

    Without data and methods, the study can't be reproduced, so the conclusions can't be challenged.

    That's not science.

    Anonymize the data. That's what everyone else does. Or compel data from the entities in question. Compelling data is only a rule change away.

    1. Re:Reproducibility? by Anonymous Coward · · Score: 5, Insightful

      That's not what the rule says. It bans research which is underpinned by confidential data. Now, nobody ever releases _all_ data regarding a research, any research. The question is whether _relevant_ data is held back. We don't need to know personal identification for a medical research to have validity (see: current standards in medical research), ergo this data is not underpinning an anonymized research and it can be consulted under the new rule while being HIPAA compatible.

  10. Re:I'd prefer limiting laws to scientific ones. by hey! · · Score: 5, Informative

    "Solid research" means meeting the normal standards for research in that field.

    I've actually worked with public health data, and the standard for exchanging data is to aggregate that data in such a way that personally identifiable information is not recoverable. For example when you report an HIV case, you know the person lives at 123 Maple Street, but you instead report it as occurring within a geographic area that contains enough people that it's not feasible to work out who that person is, even if you combine it with other data.

    That's the usual standard. If you ask for surveillance data, you get sanitized data, never raw data. It may limit the kinds of conclusions you draw, but it doesn't undermine the validity of the conclusion you *do* draw.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  11. Re:Ummm... did the Trump administration just do go by omnichad · · Score: 4, Insightful

    But requiring all the science data to be available is a GOOD thing.

    Unless the science data can't be made available, thereby invalidating all research that involves medical side effects. This is just a way to prevent science from being used because it proves too much.

  12. Pot, Kettle, Bang by Anonymous Coward · · Score: 4, Insightful

    "weaponize transparency". Where on Earth do you shills^Wpeople think this shit up. Or is truth no longer acceptable when it doesn't fit your narrative?

    Hello anonymous! By your own logic, we should not take into account your criticisms because you have not been fully transparent yourself.

  13. Re:I’m with the Evil Death Industries on thi by bankman · · Score: 4, Insightful

    Environmental regulations should be strictly based on science, but it should be on published research with publicly available, peer reviewable data.

    Absolutely! I would in fact propose a law that requires any company that challenges EPA regulation based on this argument to open all their own books and research in the interest of transparency.
     

    --
    I feel so sig.
  14. What else do you expect from the... by Anonymous Coward · · Score: 3, Funny

    Environmental Pollution Agency?

  15. Re: I’m with the Evil Death Industries on th by Reverend+Green · · Score: 3, Insightful

    Absolutely! Partisan humbug and rancor aside, transparency is a good thing. If it's not transparent and reproducible, it's NOT science.

  16. Re: I'd prefer limiting laws to scientific ones. by mapkinase · · Score: 4, Informative

    I worked with such sanitized data. Geography is reduced to a state and time reduced to a year. That was definitely not enough to do science.

    --
    I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
  17. Re:US on their way back by DNS-and-BIND · · Score: 4, Insightful

    Donald Trump is such a terrifying fascist dictator that literally nobody fears speaking about him on any platform.

    THE DOCTRINE OF FASCISM-BENITO MUSSOLINI (1932)
    Anti-individualistic, the Fascist conception of life stresses the importance of the State and accepts the individual only in so far as his interests coincide with those of the State.

    Now of all the players in American politics today, which group does this best describe?

    --
    Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  18. And the problem is... by kenh · · Score: 3, Insightful

    Under the new proposals, the EPA will no longer be able to rely on scientific research that is underpinned by confidential medical and industry data.

    So the EPA proposes that the science used to determine public policy and environmental regulations be held to the same rigorous standard as your average sixth-grade science fair submission, and critics attack the proposal because... decisions based on secret data is the only way to protect the environment?

    --
    Ken
  19. Understanding HIPPA regulations by kenh · · Score: 3, Informative

    The HIPAA Privacy Rule establishes the conditions under which protected health information may be used or disclosed by covered entities for research purposes. Research is defined in the Privacy Rule as, “a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge.” See 45 CFR 164.501. A covered entity may always use or disclose for research purposes health information which has been de-identified (in accordance with 45 CFR 164.502(d), and 164.514(a)-(c) of the Rule)

    Source: Health Information Privacy

    Ignorance of the HIPPA regulations is fueling much of the backlash this proposed federal regulation change is attracting.

    Once the data is "de-identified" it can be published, and removing identifying elements is trivial.

    --
    Ken
  20. Re:Don't Get Played by paradigmsareconstruc · · Score: 3

    When one considers that science owes its success to this concept of reproducibility, it is alarming that anybody would consider reproducibility to be some sort of a partisan issue.

    Science is Not What You Think: How It Has Changed, Why We Can't Trust It, How It Can Be Fixed
    Henry H. Bauer

    Why Has Science Been Successful?

    "What explains the enormous successes of science?

    ... All this knowledge and understanding came from studying phenomena that are regular, where observations can be repeated, and where the basic bits of matter involved are essentially identical and with inherent properties that do not change over time. Astronomy was able to gain understanding that could be expressed mathematically, quantitatively, because heavenly movements repeat themselves with great regularity. Physics and chemistry yielded general laws because atoms and molecules of a particular species (elements or compounds) are all identical within their given species: all atoms of carbon react in the same way, all molecules of water are the same, all electrons are identical, as are all protons and neutrons and other fundamental particles. Such regular behavior, together with being able to group objects into categories within which all the individual objects are identical, is what makes it possible to discover general laws of nature and universal constants. Laws and constants can only exist when phenomena are regular and occur invariably in the same manner ...

    Popular views about science as a whole were derived largely from the stunning successes of the natural sciences, without explicit recognition that those successes flowed from the study of relatively simple systems of inanimate matter composed of collections of individual bits."

    This is truthfully an insanely simple issue: if climate change advocates are suggesting that we need to make fundamental changes to our system of government and economy to save the planet, then the data must be made publicly available.