Baltimore Sun

Hidden agenda in ‘transparen­cy rule’

- By A.J. Russo A.J. Russo (Dr.a.j.russo@gmail.com) is a resident of Mount Airy and a visiting assistant professor of biology at Drew University. His opinions do not necessaril­y reflect the opinions of Drew University.

In April 2018, the Trump administra­tion, through the Environmen­tal Protection Agency (EPA), proposed the use of the “transparen­cy rule,” which states that the EPA can only consider scientific studies that include underlying data made openly available to the public for analysis. It would, therefore, limit what scientific data could be used to determine EPA regulation­s.

A four-month public comment period on the rule closed last month, and more than 6,000 people and organizati­ons weighed in. It is now in the final stages of deliberati­on and could be adopted as early as this fall.

On the surface, the rule sounds harmless, even open-minded, doesn’t it? After all, transparen­cy is an important principle of good science. But, the truth is, President Donald Trump and his band of climate changers have pulled a fast one. Here’s why.

Many scientific studies that are peerreview­ed and published in high-quality journals use informatio­n that cannot be openly revealed. This data must remain confidenti­al for legitimate reasons — usually because the research documents include personal, identifiab­le records or intellectu­al property that can’t and shouldn’t be made public. Because of this, important and relevant studies associated with the effects of air pollution or water quality on people’s health might be excluded from EPA regulation­s.

Beginning to understand the reason for the rule now?

This rule is a no-win for researcher­s. The Federal Medical Privacy Rule, commonly known as the “HIPAA Privacy Rule,” prevents the medical research and clinical community from disclosing the identity of their research subjects. If researcher­s or clinicians break these rules, they could face serious criminal charges. The minimum fine for willful violations of HIPAA rules is $50,000. The maximum criminal penalty for a HIPAA violation by an individual is $250,000. Restitutio­n may also need to be paid to the victims. In addition to the financial penalty, a jail term is likely for a criminal violation of HIPAA rules. On the other hand, if scientists respect the privacy of their subjects and abide by the HIPAA rules, then their research cannot be used by the EPA. Catch-22.

This problem might be moot anyway, though, because, if individual subjects knew that their personal informatio­n was going to be unprotecte­d, many would not want to participat­e in research studies.

In fact, the scaring-off of research participan­ts is already happening, particular­ly among immigrants and those in poverty, George Thurston, an environmen­tal medicine researcher at New York University’s Langone School of Medicine, told the Los Angeles Times.

When the transparen­cy rule was first proposed in April of this year, the EPA argued that it was consistent with data access requiremen­ts of the major scientific journals such as Nature and Science. This immediatel­y caught the attention of the editors of these journals.

Within a week, these editors clarified that the proposed rule had nothing to do with their policies. And by July of this year, 69 profession­al and public-health organizati­ons, including the American Lung Associatio­n, the American Heart Associatio­n, the American Medical Associatio­n, and the American Psychologi­cal Associatio­n, also denounced the proposal.

The incentive for the transparen­cy rule started, in part, with a landmark pollution study, “Six Cities Study,” written in 1993 by authors from Harvard’s School of Public Health. The study found that mortality risk was strongly associated with fine particulat­e concentrat­ions and that people lived two to three years longer in cleaner cities (lower particulat­e air concentrat­ion), compared to dirtier cities (higher particulat­e). Following this study, new standards were put in place by the EPA. This led to improvemen­ts in health, which correlated with the improvemen­t in air quality in each of the six cities associated with the study, and even in other clean cities.

If the newest rule is adopted, the Trump administra­tion could try to repeal or weaken policies restrictin­g the amount of particulat­e matter in the air. By the way, particulat­e pollution, like the type in the Six Cities Study, has been since found to cause type 2 diabetes and is associated with elevated rates of lung cancer, asthma attacks, heart attacks and increased hospital visits.

With the political door opened by the transparen­cy rule, the EPA last month proposed the Affordable Clean Energy Rule, which would establish emission guidelines for states to develop plans to address greenhouse gas emissions from existing coal-fired power plants. The EPA admits that, based on prediction­s associated with particulat­e pollution research, that the ACE could cause 1,400 more premature deaths a year, 96,000 new cases of exacerbate­d asthma by 2030, and up to 48,000 lost work days and 140,000 lost school days per year.

One of the EPA’s missions is to protect human health. The transparen­cy rule, and other contrary regulation­s, such as the Affordable Clean Energy Rule, actually prevent the EPA from fulfilling this mission.

The only thing that is transparen­t to me is that the Trump administra­tion is again determined to ignore science in favor of the big business of oil and coal.

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