San Diego Union-Tribune

NEW EPA RULE WILL LIMIT USE OF HEALTH STUDIES

Researcher­s must disclose raw data involved in analyses

- THE WASHINGTON POST

The Environmen­tal Protection Agency has finalized a rule to limit what research it can use to craft public health protection­s, a move opponents say is aimed at impeding the agency’s ability to more aggressive­ly regulate the nation’s air and water.

The “Strengthen­ing Transparen­cy in Regulatory Science” rule, which the administra­tion began pursuing early in President Donald Trump’s term, would require researcher­s to disclose the raw data involved in their public health studies before the agency could rely upon their conclusion­s. It will apply this new set of standards to “dose-response studies,” which evaluate how much a person’s exposure to a substance increases the risk of harm.

In an opinion piece posted Monday night in The Wall Street Journal, EPA Administra­tor Andrew Wheeler said the rule “will prioritize transparen­cy and increase opportunit­ies for the public to access the ‘dose-response’ data that underlie significan­t regulation­s and inf luential scientific informatio­n.”

“Dose-response data explain the relationsh­ip between the amount of a chemical or a pollutant and its effect on human health and the environmen­t — and are at the foundation of EPA’s regulation­s,” he continued. “If the American people are to be regulated by interpreta­tion of these scientific studies, they deserve to scrutinize the data as part of the scientific process and American selfgovern­ment.”

Many of the nation’s leading researcher­s and academic organizati­ons say the criteria will restrict the EPA from using some of the most consequent­ial research on human subjects because it often includes confidenti­al medical records and other proprietar­y data that cannot be released because of privacy concerns.

“The people pushing it are claiming it’s in the interest of science, but the entire independen­t science world says it’s not,” said Chris Zarba, a former director of the EPA’s Science Advisory Board who retired in 2018 after nearly four decades at the agency. “It sounds good on the surface. But this is a bold attempt to get science out of the way so special interests can do what they want.”

The new standards affect not just “significan­t regulatory actions,” according to the new rule, but also “inf luential scientific informatio­n” that the EPA shares with the public.

Details of the rule, which Wheeler has already signed but has yet to make public, were first reported by The New York Times on Monday evening.

Wheeler plans to announce the final rule at a virtual session hosted today by the Competitiv­e Enterprise Institute, a think tank that advocates for fewer federal regulation­s and disputes the idea that climate change poses a major threat to the United States.

Although the new Biden administra­tion probably will seek to overturn the rule, such an effort will take months, if not longer. The EPA administra­tor is allowed to waive the requiremen­t on a case-by-case basis, but outside groups could challenge these waivers in court.

Forcing researcher­s to disclose their raw data has for years been a top priority for conservati­ve Republican­s — including some now working in the EPA’s upper ranks. The new rule was modeled on a bill championed by former House Science Committee chairman Lamar Smith, R-Texas. One of the panel’s former staffers, Richard Yamada, helped write an early version of the regulation while working at the EPA.

Conservati­ves have been particular­ly critical of two studies that have spurred increased regulation: a 1993 Harvard University project that linked air pollution to premature deaths and a Columbia University analysis of a widely used pesticide, chlorpyrif­os, that suggested that the chemical causes neurologic­al damage in babies.

According to a document obtained under the Freedom of Informatio­n Act, Trump officials discussed how to block such research in a Jan. 25, 2018, briefing on the proposed rule. Referring to Harvard’s Six Cities study and another pollution study conducted by the American Cancer Society, the notes read, “The scientific community has identified major shortcomin­gs in the methodolog­ies and findings of these studies, all of which could be addressed if EPA provided the underlying data for independen­t review.”

In the wake of protests from public health experts and congressio­nal Democrats, the EPA revised the proposal so it would not apply retroactiv­ely to past assessment­s of studies such as the ones cited in the 2018 meeting.

 ?? PABLO MARTINEZ MONSIVAIS AP ?? The Biden administra­tion may seek to overturn the rule, but such an effort could take months.
PABLO MARTINEZ MONSIVAIS AP The Biden administra­tion may seek to overturn the rule, but such an effort could take months.

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