Committee Investigation into EPA's Secret Science

Background on EPA Subpoena Resolution: Over the past two years, the Science, Space, and Technology Committee has repeatedly requested that the EPA release the data it uses to justify virtually every Clean Air Act regulation proposed and finalized by the Obama administration. As one example, by its own estimates the EPA’s proposed limits on ozone will cost taxpayers $90 billion per year, making it the most costly regulation the federal government has ever issued. Some of the data in question is up to 30-years-old.

In September 2011, the EPA’s then-Assistant Administrator Gina McCarthy committed to make the data sets available to the Committee. The Committee has sent numerous letters following up on the request and Ms. McCarthy’s promise to make the data available. Even though Ms. McCarthy now leads the agency, she has yet to provide the promised data to the Committee.

On August 1, 2013, the Science Committee voted to authorize Chairman Lamar Smith (R-Texas) to issue a subpoena to the EPA to obtain the data in question. This was the first congressional subpoena the Science Committee has issued in 21 years.

Chairman Smith: “This subpoena could have been avoided. Unfortunately, we’ve been put in this position by an agency that willfully disregards congressional requests and makes its rules using undisclosed data. After two years of failing to respond, it’s clear that the EPA is not going to give the American people what they deserve—the truth about regulations.

“The EPA should not base its regulations on secret data. By denying the Committee’s request, the agency prevents Congress from fulfilling its oversight responsibilities and denies the American people the ability to verify EPA’s claims. The EPA’s lack of cooperation contributes to the suspicion that the data sets do not support the agency’s actions. The American people deserve all of the facts and have a right to know whether the EPA is using good science.”

Under the EPA’s current process, only a select few who support the EPA’s agenda are authorized to access and analyze the data. But this ignores the need for congressional oversight of taxpayer-funded research. During the Committee meeting, Chairman Smith made clear that any personal health information that is in the data will be protected and removed before the data is made public. He asserted that ensuring public access to taxpayer funded data that is used in regulations is good science and good government.

Subpoena Information

Authorize the Issuance of Subpoenas

Press Resources

Smith: EPA Stands in Default of Subpoena - September 3, 2013

Smith to Johnson: EPA Transparency is Good Government - August 8, 2013

Smith Subpoenas EPA's Secret Science - August 1, 2013

Smith Responds to Ranking Member's Questions, Reiterates Need to Subpoena EPA Secret Science -
July 31, 2013

Committee Threatens to Subpoena EPA Secret Science - July 22, 2013

Smith, Stewart Demand Release of EPA Secret Data Behind Air Regulations - June 12, 2013

Witnesses Say EPA's Forthcoming Ozone Standards Impossible to Meet - June 12, 2013

Smith, Vitter Reiterate Call for Transparency and Release of EPA Secret Data - March 4, 2012

Committee Leaders Call on Administration to Release Secret Data Behind Looming Air Rule - December 13, 2012

Republicans Question President's Science Policies and Priorities - June 20, 2012