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Comment Re:The all-or-nothing fallacy (Score 2) 355

My guess - no, my certainty - is that you have not read this law. That you have no idea what's really in the law, or what the law covers and does not cover.

And I am even more certain that YOU have not read it. You talk about trade secrets or banning the words "climate" and things that aren't covered at all. You talk about "previous versions" of this bill that "ban models", yet haven't noticed the implicit acceptance of computer models in 2(3)B(ii). You think that data about a specific company's fracking mix has to be made public before studies that show any of the chemicals in that mix can be banned for use in fracking, and that's just not true.

It should be clear I've read it. I've quoted from it extensively in previous discussions about it, and in this one.

I don't have a problem with the EPA not allowing me to inject benzene into the aquifer. Do you?

Stop being obtuse. If the only jurisdiction the EPA had was how much benzene someone could inject into an aquifer you might have some point. Their reach extends MUCH further than that, and you don't know what rules they might make tomorrow that impact you. Now, it's nice that you want them to be able to do it based on "we say..." from someone who can't produce a scientific study supporting their claims, but I am not so tolerant of government regulation.

What's your biggest beef, personally with EPA regulations?

You haven't read the bill and cannot support any of the claims you make about it, so you try to turn it into some personal issue to sidetrack the discussion. I have a common sense belief that they need to justify ALL of their regulations with science that can be reviewed by anyone who wishes to do so. It's that simple. Why do you have a problem with such review? What regulations do you personally want that cannot be supported by scientific studies and fact? I know because you've already told us: anything that can smack down evil corporations.

Because you're trying to prevent my burgeoning hegemony over government and politics?

No, because YOU support any regulations that the EPA can come up that would smack me down, based on nothing more than "PopeRatzo says ...". Sauce for the goose is sauce for the gander.

By the way, the job of the EPA is not to "prevent burgeoning hegemony" over anything, it's to create rules to protect the environment. Period. Those rules need justification. Why shouldn't they? I have yet to see anyone explain why they shouldn't.

Comment Re:What's the problem? (Score 1, Insightful) 355

With a name like "Obfuscant" I'd lean towards the former.

And now your argument is pure ad hominem.

As far as I can tell, the actual bill requires all data to be reproducible.

You tell wrong. Are you making it up out of whole cloth? It requires data to be available online in a form that anyone who wishes to verify or reproduce it can. It makes no requirement of reproducibility. Some people even lie and say that this law requires the EPA to reproduce it.

That means the raw data used by a study has to be available publicly (and probably on the internet) or it's "secret science" and can't be used by the EPA.

Close. You could read it for yourself if you want. It says nothing about all raw data, only "all scientific and technical information relied on to support such covered action". The raw data leads to results, the results are the scientific and technical information that are relied on.

In fact most sources I've seen actually say that even including difficult to reproduce data bans the EPA from using the study.

They lie. There is no such language in the law. Read it for yourself. It is even shorter than the FCC net neutrality rules.

Several say flat-out that private data of all types is banned.

They lie. The data isn't banned, but use of data that isn't available "in a manner that is sufficient for independent analysis and substantial reproduction of research results" cannot be used in formulation of EPA regulations.

But what about private medical data? Doesn't have to be made available. "Nothing in the subsection shall be construed as requiring the public dissemination of information the disclosure of which is prohibited by law." If your private medical data is covered by HIPAA, it doesn't have to be made available -- but it doesn't have to be made available anyway, only the results used to support regulatory actions. If you've signed away your legal protections to that data, well, you should have gotten legal advice prior to signing.

The Amendment that would have fixed this would have given peer-reviewed articles a free pass on the point, and it was voted down by the committee.

The process of peer-review is prior to publication. If it is published, then put it online and the law is satisfied. People here seem quite enamored with Open Access publishing, so any law that furthers the cause should be greeted with open arms. But here we have opposition to law, so keeping science private is somehow good.

So please, tell me how you could use a private database in your study and still get it used by the EPA.

That depends on what the "private database" contains, but I'd say that if you want public regulations then you should provide support for your desire and not just "because I say so". If your entire study is based on someone's private database then you have reproducibility and validity issues from the get-go and that means you aren't really doing science, you're trolling for data to support whatever conclusion you're looking for. That's the kind of science this law would stop, and I think that's just fine.

Comment Re:The all-or-nothing fallacy (Score 1) 355

No, they're allowed to pollute groundwater by lobbyists bribing legislators to make it so that regulatory agencies have to accept corporate oversight.

This law has nothing to do with corporate oversight.

And through creating a climate of fear where government scientists are told that certain words, like "climate" and "change" are not allowed.

This law says nothing about preventing the use of certain words.

Remember, an earlier draft of this bill forbade government agencies from using scientific "models".

THIS law says nothing about banning models.

The only solution is to make corporations afraid for their very lives. If it takes an EPA with the ability to make them squirm, then that'll have to do

So, basically, fuck science, if the EPA can write regulations that stop companies from doing things you don't like just because you don't like it, that's fine with you. The EPA doesn't have to have any reason at all to enact regulations strangling some corporate activity because corporations don't deserve fair treatment based on scientific evidence, they just need to be punished.

I would have hoped you understood that EPA also impacts private citizens and the same regulations that apply to evil corporations also apply to people like you. I say, fuck science, any regulation the EPA can come up with that smacks PopeRatzo down is a good'un. If science isn't necessary for corporate rules, they aren't necessary for public rules either.

Comment Re:The all-or-nothing fallacy (Score 2) 355

Benzene can be a useful substance in certain controlled situations, but it's not safe for people to drink. How does "banning chemical Z if it's harmful" deal with that?

Because the actual regulation wouldn't be "ban benzene", it would be "the MCL for benzene in public drinking water is X ppb", just as the regulations regarding MCL in drinking water are already written. I didn't think you would see a statement about banning chemical Z as a claim that the regulation would say nothing but "ban chemical Z". Sheesh. I thought the context of "toxic chemicals used in fracking" would have been obvious and assumed.

How do you think "Z" gets banned?

By writing a regulation. That regulation doesn't need to say anything about the mix of chemicals some oil company is using to frack, or any knowledge about the mix at all. All it has to do is ban Z for that use -- based on solid, reviewable studies that Z actually is bad and not just someone saying they think is must be bad and should be banned. Nobody needs to know what the mix is, or even if company XYZ is fracking or not. All there needs to be is a study showing why Z should be banned. For use in fracking. By ANY company.

The only reason we're getting this micromanagement by congress of the EPA

It's not micromanagement to require EPA regulations to be based on publicly available and reviewable science. It's common sense.

because the corporatists can smell victory over any government oversight or regulation.

Oh for goodness sakes. The law requiring public availability of data that regulations are based on doesn't prevent regulation. Not even close. Do you even know what the law says?

Comment Re:Mesh networking (Score 1) 141

I think my point was that it is pretty much irrelevant if the ham can make complicated internal repairs to his radio, it is the fact that the ham can make repairs to large scale infrastructure. When the ground shakes really hard, it won't shake the itty bitty surface mount resistors off the circuit board in any of my radios, but it may knock the tower over and break the antenna and cut a feedline. I have spares for both, and if it does shake the resistors off the radio in any of the repeaters I run, I have spare radios I can put into service quickly.

Public safety users cannot do that. Commercial radio repair will be a scarce resource.

Comment Re:Mesh networking (Score 1) 141

Why do they do this? because they know that the large telecom companies are too damn cheap to set up their networks in a way for them to be bullet proof.

Because the public is too damn cheap to pay for 100% availability of telecom systems. You wouldn't pay what it would cost to have 100% available cell service during disasters, or any other public infrastructure for that matter. And governments don't pay for 100% capacity for their public safety communication systems, either, for the same reason. The public wouldn't put up with the taxes they'd have to pay to get there.

A five channel trunked radio system can handle five simultaneous users (ten when Phase II P25 with TDMA is available). What happens in a disaster when six people want to talk at the same time? You got it -- one doesn't get to.

We'll pay for service during normal times and complain about the prices, and then complain when the service dies during a disaster when it is overloaded.

Comment Re:Don't single out EPA (Score 2) 355

I would definitely not want my medical data made public, even with anonymization, because I know that some clever person may later come up with a way to link my identity to my medical data using a method that the original researchers never considered.

Some poorly-anonymized data can be de-anonymized.

Here's a published result as would be required by law: "Of 1000 individuals with Crohn's Disease, 14% had a 200% increase of HDL levels after a three week exposure to water containing 30ppb As." Please de-anonymize that data. It's sufficient to reproduce the study and verify the results, but you can't determine the names of any of the participants.

People could say, "But hey, some fraction of this data was gleaned from private sources,"

"Gleaned from private sources" is irrelevant. "This data" is. It doesn't matter where the data came from, only that it be made available for review if it is going to be used for regulations.

Comment Re:Regulatory Capture (Score 1) 355

Researcher B: Sure, it uses a novel Beysian quantitative analysis based on 3 dimensional heat maps of multivariate data. I'm sure you have a team of domain-specific PhDs to go over the statistical methodology.

The law doesn't require the EPA to have a team of domain-specific PhDs to go over the data. It requires YOU to put the data online in a way that someone who chooses to do so can verify it.

Researcher B: What's that? ... Seriously, you need to do something about this industrial toxin poisoning our biosphere!

Ok, make the data available for review and we'll see what others qualified in the field make of it. Why are you trying to push regulations on the public when you refuse show them the data to support it?

Comment Re:What's the problem? (Score 1) 355

In the Capitalist US of A it's not unusual for the best source of data to be somebody's trade secrets.

This law has nothing to do with trade secrets. It says that data used to create rules by the EPA has to be publicly available in a way that can be reproduced.

If the EPA is basing regulations on trade secrets, they are doing it wrong and should be stopped. It would have been amazing to the founding fathers for someone to say "we're making a law against doing something, but we can't tell you why...".

Unless the power-plant company is willing to release reams and reams of data on precisely which load of coal it burned which day into the public domain, that study is based on non-public data.

They don't have to be that precise. And if they've given the data to EPA, then it ought to be public domain because EPA is an agency of, by, and for the people.

Interesting twist how now we want the government protecting companies and keeping secrets when we usually condemn that.

Comment Re:The all-or-nothing fallacy (Score 2) 355

The whole intent is pretty straight forward. They want all of the data public, so that it can be challenged in court, for years, prior to any changes.

The laws are already challenged in court, for years. It's harder for EPA to win such lawsuits if the data is private, so making it public is a good thing.

They will back this up with straight up junk science,

This law is intended to prevent the use of junk science in regulatory activities. Make it public so it can be reviewed in public.

not to defeat the real science but simply to bog it down in court.

Real science can stand up to scientific scrutiny, so making the science public prior to making laws means it can be scrutinized. Keeping it secret just BEGS for lawsuits since there is otherwise no justification for the laws.

So one legislative change might be based upon hundreds of reports, they will simply cherry pick one report that can most readily be challenged, produce a counter junk science report and then block the legislative change until it is all resolved in court.

Let's see. Hundreds of reports say one thing, one says another. Is it better for EPA to go to court with nothing trying to counter the one available public report that says they were wrong to create a law, or would it be better for EPA to have hundreds of publicly reviewed reports to drop on the table to counter that one?

You think the public review of science that goes into a law will cause more lawsuits. Lawsuits will happen when EPA appears to be capricious, not when they can back up everything they do with verified and verifiable data.

Mind you the stupidity of this is mind boggling,

The stupidity of having data used to create regulations for the public be publicly available? I think it is common sense.

Comment Re:Don't single out EPA (Score 1) 355

you really don't want the public to have access to the private medical data which is used in medical studies.

The law doesn't require public access to private medical data. The law doesn't require publishing the list of people's names and their conditions for a medical study. It requires publishing the process and the results in a way that allows the study to be repeated for verification.

For example, the study using mice that showed that 10ppb As in drinking water harmed "mothers and their offspring" (mouse mothers and baby mice, not humans) didn't have to list the names of the mice, only aggregate numbers.

Well, that would completely eliminate a wide variety of potential research avenues.

No, the law does not do that.

Comment Re:The all-or-nothing fallacy (Score 2) 355

The composition of the toxic cocktail that's used in horizontal fracturing is kept away from the public because it's a "trade secret". Do you believe the EPA should not be able to restrict the high-pressure injection of toxic chemicals into the aquifer because the information isn't "public"?

I think the studies that show that whatever is being used is harmful to the public should be public before those studies are used to make laws. The information that has to be public isn't "Company XYZ is using chemical Z", it is the study that says that chemical Z causes harm. Then EPA can ban its use.

Is the problem the use of chemical Z, or that company XYZ is using it? Why isn't is enough to ban Z? Who cares if it is XYZ or QRS, or what the mix they use is?

Comment Re:The all-or-nothing fallacy (Score 1) 355

- The EPA doesn't get enough funding to do all of the studies by themselves.

The law doesn't require the EPA to do the studies themselves.

Longitudinal data, by definition, isn't 'repeatable'.

The studies that produce data are supposed to be repeatable.

Every time the topic of availability of scientific data comes up, the general cry from slashdot readers is that information ought to be free. Here's that philosophy writ into law. The data that EPA uses to make rules and regulations has to be available online. Why isn't that a good thing, if all data ought to be online anyway?

The way this bill is crafted makes it perfectly clear that good science is not the goal. Emasculating the EPA is.

If EPA is using unpublished, unreviewable data to make decisions, then yes, "emasculating" them is a good thing.

Comment Re:The FAA Tried to Study This (Score 1) 36

I don't know why the controllers union would be against it. They would have to add more controllers to control new remote strips which they previously did not control.

You're thinking small -- one airport. Think 100. A manned tower at each would require 200 controllers, at least. Remote controlled would require 10, maybe 15.

Of course, there is the issue of liability when the system fails and the only think left to pin it on is controller error.

Comment Re:We need a way of keeping hams in practice (Score 2) 141

What I would like to see is for ham to be assigned a legal commercial niche that it can occupy as an incentive to buy gear and revive the experimental edge that the service has long been renowned for.

What possible commercial activity using ham radio could trigger experimental activities? Given the ability to experiment now, how could allowing commercial ham usage improve that?

How about Internet service in rural areas? Allow hams to offer commercial interconnect from fiber and other wired broadband to the scattered users who have difficulty getting ISP service any other way.

Cool. Consume the available ham frequencies with people selling ISP services. What a great way to promote ham radio.

The connectivity we would get from this type of commercialization is, furthermore, exactly what would help the most in time of disaster.

I hate to tell you, but infrastructure in the ham radio world requires a great deal of dedication and commitment. You will find a few people who will do it for fun, but a lot more hams USE the infrastructure than provide any of it. In my county, for example, there are two VHF Winlink gateways. One is provided by a state grant of equipment and an associated requirement to keep it on air. The other is at my house.

No, a ham-operated public internet would not be what you want to rely on in a disaster, because 1) it would probably be down, too, and 2) were it operational, it would be clogged with users trying to use it and useless for disaster relief.

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