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  1. #1
    Senior Member AirborneSapper7's Avatar
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    EPA Concedes: We Can’t Produce All the Data Justifying Clean Air Rules

    EPA Concedes: We Can’t Produce All the Data Justifying Clean Air Rules

    April 11, 2014 - 5:32 PM
    By Barbara Hollingsworth
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    Environmental Protection Agency Administrator Gina McCarthy (CNSNews.com/Penny Starr)

    (CNSNews.com) – Seven months after being subpoenaed by Congress, Environmental Protection Agency (EPA) Administrator Gina McCarthy conceded that her agency does not have - and cannot produce - all of the scientific data used for decades to justify numerous rules and regulations under the Clean Air Act.
    In a March 7th letter to House Science, Space and Technology Committee chairman Lamar Smith (R-Tex.), McCarthy admitted that EPA cannot produce all of the original data from the 1993 Harvard Six Cities Study (HSC) and the American Cancer Society’s (ACS) 1995 Cancer Prevention Study II, which is currently housed at New York University.
    Both studies concluded that fine airborne particles measuring 2.5 micrograms or less (PM2.5) – 1/30th the diameter of a human hair – are killing thousands of Americans every year.
    These epidemiological studies are cited by EPA as the scientific foundation for clean air regulations that restrict particulate emissions from vehicles, power plants and factories.
    The agency has recently come under fire for exposing volunteers to concentrated levels of particulate matter without informing them of the risks, a practice Rep. Paul Broun (R-Ga.), chairman of the House Science Subcommittee on Investigations and Oversight, called “despicable.”
    The full committee, which issued its first subpoena in 21 years last August after being stonewalled by the EPA for two years, wanted the raw data from the studies so that their results could be replicated by independent researchers. (See EPA subpoena.pdf)
    However, despite “multiple interactions with the third party owners of the research data in an effort to obtain that data,” McCarthy wrote, some of the data subpoenaed by the committee “are not (and were not) in the possession, custody or control of the EPA, nor are they within the authority to obtain data that the agency identified.”
    “EPA has not withheld any data in our possession that is responsive to the subpoena,” McCarthy stated. “The EPA acknowledges, however, that the data provided are not sufficient in themselves to replicate the analyses in the epidemiological studies, nor would they allow for the one to one mapping of each pollutant and ecological variable to each subject.” (See EPA letter to Smith March 7 2014 (1).pdf)
    CNSNews.com asked EPA whether the agency had turned over any data from the Harvard Six Cities and American Cancer Society studies in response to the subpoena.
    “EPA provided to the Committee all the data that was in the possession of the agency or within the agency's authority to obtain under the Shelby Amendment,” which requires that results of federally-funded studies be made available to the public, an agency spokeswoman responded. “As such, the agency has now in good faith obtained and provided to the Committee all the requested research data subject to the Shelby Amendment and covered by the subpoena.”
    A committee staff member confirmed to CNSNews.com that “EPA gave us what they have of both studies, which is a significant amount of data, but not sufficient" to allow independent reproduction or verification of results.

    "We’re at a point where EPA has conceded that they don’t have in their possession the data necessary to fully comply, and in some cases, never did possess the data,” he added.
    The subpoena was issued as the EPA moves to finalize strict new regulations that could place 90 percent of the U.S. population in non-attainment areas and impose an additional $90 billion annual burden on the U.S. economy.
    However, two newer studies cast doubts on the original research.
    Stanley Young and Jessie Xia of the National Institute of Statistical Sciences published a paper last year questioning the EPA’s reliance on the Harvard and Cancer Society studies, both of which found that breathing fine particulate matter (PM2.5) resulted in increased mortality.
    “There is no significant association of PM2.5 with longevity in the west of the United States,”Young and Xia noted, adding that “our findings call into question the claim made by the original researchers.” (See young080113.pdf)
    Another recent study by Johns Hopkins-trained biostatistician Steve Milloy that attempted to duplicate EPA’s findings also found “no correlation between changes in ambient PM2.5 mortality” and any cause of death in California between 2007 and 2010.
    “Virtually every regulation proposed by the Obama administration has been justified by nontransparent data and unverifiable claims,” committee chairman Lamar Smith (R-Texas) said in February, denouncing what he called EPA’s “secret science.”
    “The American people foot the bill for EPA’s costly regulations, and they have a right to see the underlying science. Costly environmental regulations should be based on publicly available data so that independent scientists can verify the EPA’s claims.”
    Smith and Rep. David Schweikert (R-Ariz.) have introduced the Secret Science Reform Act of 2014, which would prohibit EPA from “proposing, finalizing or disseminating regulations based upon scientific information that is not publically available in a manner sufficient for independent scientific analysis.”
    HR 4012, which would amend the Environmental Research, Development and Demonstration Authorization Act of 1978, states that “the Administrator shall not propose, finalize, or disseminate a covered action unless all scientific and technical information relied on to support such covered action is (A) specifically identified; and (B) publicly available in a manner that is sufficient for independent analysis and substantial reproduction of research results.”
    At a February 11th hearing before the Subcommittee on Environment, Raymond Keating, chief economist at the Small Business & Entrepreneurship Council, testified in favor of the bill. (HHRG-113-SY18-WState-RKeating-20140211.pdf)
    “The U.S. has made enormous progress in cleaning the air over the last 40 years, so much so that we now are talking about reducing very small increments of pollution. Achieving those tiny reductions will no doubt be very costly—as EPA itself admitted when it released its cost analysis for ozone in 2010. The question is: will they be worth it?" Keating asked.
    “We won’t know that unless we have the scientific data in front of us, unless scientists from all over the country can attempt to replicate it and determine its validity. Without that, EPA is hiding the ball, and imposing costs without truly knowing what the benefits are.”
    Congress is expected to consider the bill sometime this summer.

    http://www.cnsnews.com/news/article/...lean-air-rules
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    Senior Member AirborneSapper7's Avatar
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    Issa pushes EPA chief to resolve investigator dispute



    The EPA, headed by Gina McCarthy, says strontium, which can reduce bone strength among those deficient in calcium, is the latest contaminant to be targeted under the 1974 Safe Drinking Water Act. (Associated Press Photographs) more >

    By Jim McElhatton - The Washington Times - Monday, October 6, 2014

    Congress’s top investigator has told EPA Administrator Gina McCarthy to resolve a long-running dispute that Rep. Darrell Issa says is undermining the agency inspector general’s ability to investigate misconduct.
    In a letter to Ms. McCarthy last week, Mr. Issa said she has done little to resolve the dispute between the Environmental Protection Agency’s inspector general, which was set up by Congress to root out fraud and abuse, and the EPA’s homeland security office, which has no statutory authority.

    Mr. Issa, California Republican, said the inspector general’s work “continues to be compromised” by the feud with the homeland security office, which the inspector general said interfered in the early stages of the probe into notorious time and attendance fraudster John Beale, a high ranking EPA official now in prison after he pretended to be a CIA spy, bilking the agency of nearly $900,000 in pay.
    SEE ALSO: McCarthy denies trying to obstruct oversight at EPA

    The homeland security office also came under scrutiny when one of its executives was accused of assault by an inspector general agent, Elisabeth Heller Drake. Ms. Drake told Congress that a senior official, Steve Williams, displayed “inexplicable anger and aggressiveness” when she went to the office as part of an ongoing investigation.
    The incident resulted in an arrest warrant affidavit, but prosecutors declined to press charges.


    Rep. Darrell Issa, California Republican, says EPA chief Gina McCarthy’s efforts to ... more >

    “The committee remains deeply concerned about the apparent lack of progress on any of these fronts,” Mr. Issa told Ms. McCarthy in the letter.

    SEE ALSO: Disease plagues illegal immigrants; lack of medications, basic hygiene blamed


    Ms. Drake’s lawyer wrote to Mr. Issa last month complaining that the EPA was coddling Mr. Williams and failing to follow up on accusations against him.
    David R. Schleicher, the lawyer, said Monday that he was happy to see Mr. Issa press the issue.
    “We are grateful for the committee’s ongoing, bipartisan efforts to ensure that these critical matters are resolved,” Mr. Schleicher told The Washington Times in an email.
    Mr. Williams has denied any wrongdoing, saying he’s been the target of a “campaign of harassment” by the press and Capitol Hill lawmakers, according to a letter his attorney released to The Times last month.
    On Monday, Jonathan Biran, Mr. Williams‘ lawyer, said in an email that Mr. Williams has asked the Department of Homeland Security inspector general to investigate the assault allegations against his client, which he called false.
    “To Mr. Williams‘ knowledge, no claims of workplace misconduct against him have been substantiated” Mr. Biran said. “Any such claim of workplace misconduct is false. However, continued publicity about unsubstantiated allegations appears designed to irreparably harm Mr. Williams before a full and unbiased investigation of events at EPA can be concluded.”
    Liz Purchia, an EPA spokeswoman, declined to comment on Mr. Issa’s letter Monday, saying only that the agency is reviewing it.
    The assault complaint happened last year, but concerns about the EPA’s homeland security office grew after Ms. McCarthy issued a memo personally intervening in the inspector general’s investigation that had brought Ms. Drake into the office in the first place.
    Ms. McCarthy called for the inspector general to “temporarily halt” its investigation. While EPA officials have said the motive was to tamp down increasing tension between the inspector general and homeland security offices, critics have said it undermines the inspector general’s independent law enforcement authority.

    Story Continues →


    http://www.washingtontimes.com/news/...lve-investiga/
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