    [Senate Hearing 111-1196]
    [From the U.S. Government Publishing Office]

                                                           S. Hrg. 111-1196

                      HEARING ON THE NOMINATIONS OF COLIN
                      FULTON TO BE GENERAL COUNSEL OF THE
    EPA AND PAUL ANASTAS TO BE ASSISTANT ADMINISTRATOR, OFFICE OF RESEARCH
                          AND DEVELOPMENT, OF THE EPA

    =======================================================================

                                    HEARING

                                   before the

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS
                              UNITED STATES SENATE

                         ONE HUNDRED ELEVENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                 JUNE 24, 2009

                                   __________

      Printed for the use of the Committee on Environment and Public Works

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

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                                  __________

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                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                         ONE HUNDRED ELEVENTH CONGRESS
                                 FIRST SESSION

                      BARBARA BOXER, California, Chairman
    MAX BAUCUS, Montana                  JAMES M. INHOFE, Oklahoma
    THOMAS R. CARPER, Delaware           GEORGE V. VOINOVICH, Ohio
    FRANK R. LAUTENBERG, New Jersey      DAVID VITTER, Louisiana
    BENJAMIN L. CARDIN, Maryland         JOHN BARRASSO, Wyoming
    BERNARD SANDERS, Vermont             MIKE CRAPO, Idaho
    AMY KLOBUCHAR, Minnesota             CHRISTOPHER S. BOND, Missouri
    SHELDON WHITEHOUSE, Rhode Island     LAMAR ALEXANDER, Tennessee
    TOM UDALL, New Mexico
    JEFF MERKLEY, Oregon
    KIRSTEN GILLIBRAND, New York
    ARLEN SPECTER, Pennsylvania

                        Bettina Poirier, Staff Director
                     Ruth Van Mark, Minority Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                                 JUNE 24, 2009
                               OPENING STATEMENTS

    Boxer, Hon. Barbara, U.S. Senator from the State of California...     1
    Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma...     2
    Kennedy, Hon. Edward M., U.S. Senator from the State of
      Massachusetts, prepared statement..............................     4
    Kerry, Hon. John F., U.S. Senator from the State of
      Massachusetts, prepared statement..............................     5
    Lieberman, Hon. Joseph I., U.S. Senator from the State of
      Connecticut, prepared statement................................     6
    Mikulski, Hon. Barbara A., U.S. Senator from the State of
      Maryland, prepared statement...................................     7

                                   WITNESSES

    Fulton, Colin Scott, nominated to be General Counsel, U.S.
      Environmental Protection Agency................................     9
        Prepared statement...........................................    11
        Responses to additional questions from Senator Inhofe........    14
    Anastas, Paul, nominated to be Assistant Administrator for the
      Office of Research and Development, U.S. Environmental
      Protection Agency..............................................    22
        Prepared statement...........................................    24
        Responses to additional questions from:
            Senator Boxer............................................    27
            Senator Lautenberg.......................................    28
            Senator Inhofe...........................................    29

    HEARING ON THE NOMINATIONS OF COLIN FULTON TO BE GENERAL COUNSEL OF THE
    EPA AND PAUL ANASTAS TO BE ASSISTANT ADMINISTRATOR, OFFICE OF RESEARCH
                          AND DEVELOPMENT, OF THE EPA

                                  ----------

                            WEDNESDAY, JUNE 24, 2009

                                           U.S. Senate,
                     Committee on Environment and Public Works,
                                                        Washington, DC.
        The full Committee met, pursuant to notice, at 10:45 a.m.
    in room 406, Dirksen Senate Office Building, Hon. Barbara Boxer
    (chairman of the full Committee) presiding.
        Present: Senators Boxer and Inhofe.

               OPENING STATEMENT OF HON. BARBARA BOXER,
               U.S. SENATOR FROM THE STATE OF CALIFORNIA

        Senator Boxer. The hearing will come to order.
        I hear that Colin Fulton prefers to be addressed as Scott.
    Is that correct?
        Mr. Fulton. That is correct.
        Senator Boxer. All right. I will do it exactly right. I
    understand that.
        So I would like to begin today's Environment and Public
    Works Committee hearing by welcoming two individuals who are
    nominated to head key offices at the U.S. EPA. The way we are
    going to handle this, Senator Inhofe and I are going to make
    very brief opening statements, and then we are going to get
    right to you both. If we have any questions, we will ask. If
    others have questions, and we have a vote on the floor
    momentarily, so this could be a very enjoyable and quick time
    for you.
        We do hope you will, however, take a minute to introduce
    your families who are here.
        Scott Fulton is President Obama's nominee to head the
    Office of General Counsel. He comes to us with a long record of
    service at the Department of Justice U.S. Attorney's Office and
    most recently 20 years at the U.S. EPA. The Office of General
    Counsel is the legal conscience of EPA, providing indispensable
    legal advice to the Administrator and EPA staff. They work with
    the Department of Justice to represent EPA in court, including
    before the Supreme Court.
        The Office of General Counsel plays a vital role in making
    sure EPA is on solid legal ground as the agency moves forward
    to address serous public health and environmental challenges.
        We have noted that over the past years, EPA has lost many
    cases in the courts, which I believe has delayed our efforts to
    clean up our air and water, putting the health of our
    communities at risk.
        If confirmed, Mr. Fulton's decades of experience will be an
    asset as he works to follow the law and ensure that EPA follows
    the law and that they protect the public health and make
    decisions that will stand up in the highest court in the land.
        Paul Anastas is the President's nominee to be Assistant
    Administrator of EPA's Office of Research and Development. We
    all agree on this Committee that unbiased science is the key.
    The Office of Research and Development plays a pivotal role in
    ensuring the agency's decisions are free from conflicts of
    interest, they're transparent, and held to the highest science.
        Dr. Anastas has an extensive record of achievement at EPA
    and academia and the private sector. He has been called the
    Father of Green Chemistry for his groundbreaking work to reduce
    waste and negative environmental impacts by changing the way
    chemical products are designed, manufactured and used.
        Most recently, he has been Director of the Center for Green
    Chemistry and Green Engineering at Yale.
        I believe both of today's nominees are eminently qualified
    to provide crucial leadership and expertise at EPA as EPA
    develops and implements policies that will protect our public
    health, and I believe in doing so will build a stronger
    economy.
        So I look forward to hearing from them today.
        Senator Inhofe.

              OPENING STATEMENT OF HON. JAMES M. INHOFE,
                U.S. SENATOR FROM THE STATE OF OKLAHOMA

        Senator Inhofe. Thank you, and I will abbreviate my
    statement.
        First of all, we do want to talk about, and I have a couple
    of questions on transparency. Certainly, Administrator Jackson
    has talked about this and I think that we need to maximize also
    public participation.
        I have tried to get information to reanalyze the economic
    impacts of the Waxman-Markey. I still am waiting for that to
    come back.
        And I hope that you folks, both of you coming from--it
    seems like everyone is coming from--I don't know what's wrong
    with the West Coast, do you? They all come from the East Coast,
    and not middle America. But I would like to have you keep in
    mind that we all want to be considered and our viewpoints are
    never always the same in different parts of the Country.
        I have specific questions I want to ask, and rather than to
    take time now to do that, to finish my statement, I ask that it
    be considered in the record in its entirety, and then as soon
    as we get to questions, I would like to do that.
        [The prepared statement of Senator Inhofe follows:]

                Statement of Hon. James M. Inhofe, U.S. Senator
                           from the State of Oklahoma

        Good morning. We are here today to consider two nominations
    for the Environmental Protection Agency: Colin Scott Fulton to
    be General Counsel and Paul Anastas to be Assistant
    Administrator for the Office of Research and Development. I
    want to welcome both of you and your families here today.
        I am looking forward to working with you. There are many
    challenges ahead for EPA, and I am confident that both of you
    possess the knowledge and experience to address them with
    balance, competence, and, just as important, transparency.
        On that last point, transparency, I would hope that each of
    you will treat requests for information from the minority of
    this committee the same as those from the majority. And I hope
    that you will fulfill Administrator Jackson's commitment to
    maximize public participation and input on the decisions you
    make.
        Thus far, I think the Agency has more work to do to meet
    Administrator Jackson's commitment. I have sent several
    requests for information, including, most recently, a request
    that EPA re-analyze the economic impacts of Waxman-Markey. I
    sit here today wondering whether EPA will provide me and my
    staff with this and other information. This state of affairs
    does not conform to the stated pledges of Administrator Jackson
    and other nominees who have appeared before this committee.
        In addition to transparency, I hope that you will consider
    all viewpoints so that your decisionmaking reflects a truly
    national perspective, accounting for regional differences. One
    thing that concerns me is that, though the Obama EPA has highly
    competent and experienced nominees, they tend to hail from one
    part of the country. I do not see much, if any, regional
    diversity at the Obama EPA. I have said this at prior
    nominations hearings and I am growing more concerned. Not only
    are most EPA appointees from the East Coast, most, if not all,
    are from urban centers. I am deeply concerned that we have an
    EPA team with little direct knowledge of the middle of the
    country. What is good for the East Coast is not necessarily
    good for the rest of the United States.
        EPA is grappling with policy decisions that could have
    serious impacts on rural America--though I don't believe rural
    America has a voice in the current Obama EPA. I hope the
    nominees will assure me today that they will reach out to rural
    communities for their perspective on the important issues
    facing the agency. What you do at EPA is important to
    Oklahomans, Ohioans, Tennesseans, Minnesotans, and to other
    States and regions of the country. To be successful in
    formulating policy, to make it work for everyone, you must
    factor these viewpoints into your decisionmaking.
        Finally, I want to repeat a simple principle that I have
    been advocating for my entire political career: we need to
    balance environmental protection with concern for how decisions
    affect the economy--and the people who run this great machine
    called America. Achieving this balance, as well as broadening
    the agency's geographical focus in decisionmaking, will be
    essential to achieving the mission of EPA.

        Senator Boxer. I ask unanimous consent that the statements
    in support of the nomination of Dr. Anastas from Senators
    Kennedy, Kerry and Lieberman and from Senator Mikulski on
    behalf of Mr. Fulton be entered into the record.
        Hearing no objection, it is so ordered.
        [The referenced documents follow:]

        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Boxer. So Scott, why don't you begin?

       STATEMENT OF COLIN SCOTT FULTON, NOMINATED TO BE GENERAL
             COUNSEL, U.S. ENVIRONMENTAL PROTECTION AGENCY

        Mr. Fulton. Thank you, Madam Chairman.
        I just want to begin by thanking both of you for holding
    this hearing today. If I might also start by introducing some
    important people in my life who are here with me this morning:
    my daughters Keri and Krista over here, my brother Kent Fulton
    who is an Administrative Law Judge in Missouri, and my father,
    Robert Fulton who is retired living in Missouri also, which is,
    by the way where my family roots are. So we do have that
    Midwestern connection here.
        It is a special treat for me to have my dad here in
    particular as he himself once held a presidentially appointed,
    Senate-confirmed position, having served as the Administrator
    of Social and Rehabilitation Services in the 1970s.
        Without a doubt, my father's lifelong commitment to public
    service and the integrity and resolve with which he approached
    his work served as a model and powerful instruction for me in
    my own life and career.
        I am honored to have been nominated by President Obama to
    serve as EPA's General Counsel, and feel privileged to be
    speaking before you today. I am also deeply thankful to
    Administrator Lisa Jackson for inviting me to be part of her
    team at EPA during this time of great challenge, but also great
    promise.
        Although I have worn a number of different hats along the
    way, I have spent my career as an attorney and public servant
    in two principal institutions: the Department of Justice and
    EPA, with environmental law as my focal point in both of those
    settings.
        The bulk of my time in these organizations has been
    invested in leading and managing law offices and working
    through complex legal issues.
        I have been blessed with a wonderful career that has, among
    other things, offered me the opportunity to both witness and
    participate in an evolution of environmental law that spans
    nearly three decades and five Administrations.
        My hope is that, if confirmed, the perspectives and
    understandings that flow from this experience will be of value
    to the Obama administration and my Country.
        Having served as EPA's Principal Deputy General Counsel
    from 1995 to 1999, including a stint as Acting General Counsel,
    I am well acquainted with the role for which I have been
    nominated, and my experience overall has left me familiar with
    the demands inherent in positions at this level of the Federal
    Government and the imperative of constructive engagement with
    the Congress, within the executive branch and with stakeholders
    in the general public.
        I have been substantially involved in environmental
    litigation along the way, at various points enforcing
    environmental requirements, defending challenges to
    administrative decisions, and serving as a judge in
    administrative environmental cases. As a result, I feel
    grounded in the judicial process for resolution of
    environmental disputes and bear deep respect for the vitally
    important role of the judiciary as the guarantor of the rule of
    law in the environmental arena.
        If confirmed, I will do my utmost to ensure the faithful
    implementation of the laws of the United States as specified by
    the Constitution, expressed by the Congress, and interpreted by
    the courts. The bedrock role of the General Counsel, as I see
    it, is to provide legal advice and direction grounded in the
    rule of law and working closely with our colleagues at the
    Department of Justice to defend the agency's actions in court.
        In this regard, if confirmed, I am committed to maximizing
    through the counsel that I offer, the defensibility of the
    agency's regulatory decisions, and I look forward to working
    with the dedicated career lawyers in the Office of General
    Counsel to this end.
        The rule of law would be the fundamental principle that
    would guide my actions, both as lawyer and manager, and inform
    my counsel to the Administrator and the agency.
        I would not have pursued the career path that I have chosen
    without a deep and abiding commitment to the integrity and
    efficacy of this Nation's environmental protection program.
    This is the work that I went to the Justice Department to do at
    the beginning of my career, and the pursuit that has carried me
    in the years since. I am excited by the prospect of
    participating in the Obama administration's effort to chart a
    course that secures public health and environmental quality for
    this generation and those generations yet to come.
        If confirmed, I will work tirelessly to provide legal
    counsel to the Administrator and other members of the
    Administrator's team in furtherance of this goal.
        Thank you for your consideration.
        [The prepared statement of Mr. Fulton follows:]

        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Boxer. Thank you so much, Mr. Fulton.
        And of course, now our final witness, Paul Anastas.
        Sir, proceed.

         STATEMENT OF PAUL ANASTAS, NOMINATED TO BE ASSISTANT
    ADMINISTRATOR FOR THE OFFICE OF RESEARCH AND DEVELOPMENT, U.S.
                    ENVIRONMENTAL PROTECTION AGENCY

        Mr. Anastas. Thank you, Chairman Boxer. Thank you, Ranking
    Member.
        It is a pleasure to be with you here today. I would like to
    introduce to you my wife, Julie Zimmerman, and our 22-month-old
    daughter Kennedy, one of my most vocal supporters.
        [Laughter.]
        Mr. Anastas. I am also lucky to have my extended family
    with me here today: Sam, Shelley and Nancy Zimmerman, and
    Nancy's two children, Ally and Harrison Brown.
        Senator Boxer. Welcome, everybody.
        Mr. Anastas. I am honored to be nominated to serve as
    Assistant Administrator in the Office of Research and
    Development at the U.S. EPA. When I was a boy growing up in the
    small town of Quincy, Massachusetts, I grew up overlooking an
    idyllic wetland. When that wetland was replaced by an office
    park, I was nearly inconsolable. My father, Nick Anastas, who
    was a biology teacher, took me aside to explain to me that it
    is not enough to merely care about the environment, but you
    have to learn about the environment and understand it deeply.
    Like he did so many times in my life, he put me on the right
    track to being an environmentalist and a scientist.
        So I became a synthetic organic chemist, which means I make
    molecules and study chemicals. But long before I became a
    faculty member at Yale, where I am today, I was a GS-11 chemist
    at the U.S. EPA. Nearly 20 years ago today, I began my first
    day on the job. I was fortunate enough to have the best mentor
    that a 27-year-old could hope for in the late Dr. Roger
    Garrett. He taught me some of the most important lessons of my
    career, and I built those into my career as bedrock principles.
        The first is integrity--integrity in all things, and
    especially science. I believe that we can all agree it is
    essential to the very foundations of our efforts in protecting
    human health and the environment, to be based on science that
    is sound, unbiased, uncompromised, and apolitical. Integrity
    has been at the center of what I have dedicated my career to
    and it will be a value that I will bring to the Office of
    Research and Development if confirmed.
        Second, innovation. The challenges we face of clean air,
    clean water, and trying to ensure sustainable civilization are
    serious and daunting. If we are to meet these challenges, it
    will require that we pursue approaches that bring about
    economic, as well as environmental prosperity simultaneously,
    and it will require the best of the innovative spirit of this
    Nation.
        I believe the excellent scientists of the Office of
    Research and Development have that innovative spirit that will
    help them approach new challenges in new ways, and be even more
    creative in developing our environmental solutions.
        Third, interdisciplinarity. While our core traditional
    disciplines remain the backbone of our scientific endeavors,
    the opportunities we face in doing things more creatively and
    more effectively require an interdisciplinary approach. By
    working across disciplinary and organizational boundaries, we
    can expect a renaissance in environmental protection.
        Finally, inspiration. The story goes that an old man was
    walking down the street and passed by two workers on the side
    of the road cutting stones. The first stonecutter was cursing
    and grousing, and the old man asked what he was doing. And he
    grumbled, I am chipping away at these stones with a dull old
    chisel and I am hitting my thumb with a hammer.
        The old man then asked the second worker what he was doing
    while he was singing and whistling to himself, and he said, I
    am building a cathedral.
        To be inspired by the work that you do is not merely a
    luxury. It is often essential to the effectiveness of getting
    that work done. I can think of few more inspiring missions than
    that of the Office of Research and Development at the U.S. EPA.
        With these values as pillars, if confirmed, I will work to
    provide Administrator Jackson with the highest quality
    scientific information as the basis of her policy decisions. I
    will make openness and transparency the hallmark of the work we
    do at ORD. I will seek out new approaches, perspectives and
    methods to advance our knowledge and understanding of
    environmental and health problems, as well as to generate
    solutions to these problems.
        In closing, I just want to say I have a near-perfect life
    in the little town of Guilford, Connecticut right now. I am
    fortunate to have a nice home, a wonderful family, dedicated
    students and wonderful colleagues at Yale. Yet I am so eager to
    come here to Washington to begin my duties at EPA if confirmed.
    The reason is simple. It is because I view this work of using
    science to protect human health and the environment as an
    extension of my love for my daughter. It is also because I view
    it as an extension of my dedication to my students and letting
    them know that their work is as challenging as it is important.
        I thank the Committee for the chance to be with you today,
    and I would be happy to answer any questions.
        [The prepared statement of Mr. Anastas follows:]

        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Boxer. Well, I want to thank you both for very
    inspiring statements, and we are very fortunate. I think
    Senator Inhofe, I speak for him as well, that both of you
    stepped up to the call of service to Country.
        I am going to ask you three very technical questions that
    we have to ask everybody. It just requires a yes or no. I will
    look to each of you. The record will reflect that. I will put
    off my substantive questions until after Senator Inhofe goes
    because he has a pressing matter on the floor of the Senate.
        So I will ask first, do you agree, if confirmed by the
    Senate to appear before this Committee or designated Members of
    this Committee and other appropriate committees of the
    Congress, and I am talking about on both sides of the aisle,
    Republican and Democratic, and provide information, subject to
    appropriate and necessary security protection, with respect to
    your responsibilities at the Environmental Protection Agency?
        Mr. Fulton.
        Mr. Fulton. Yes.
        Senator Boxer. Mr. Anastas.
        Mr. Anastas. I do.
        Senator Boxer. Second, do you agree to ensure that
    testimony, briefings, documents and electronic and other forms
    of communications are provided to this Committee, both sides of
    the aisle and its staff and other appropriate committees, in a
    timely fashion?
        Mr. Fulton.
        Mr. Fulton. Yes.
        Senator Boxer. Mr. Anastas.
        Mr. Anastas. Yes.
        Senator Boxer. And three, do you know of any matters which
    you may or may not have disclosed that might place you in any
    conflict of interest if you are confirmed?
        Mr. Fulton.
        Mr. Fulton. No.
        Senator Boxer. And Mr. Anastas.
        Mr. Anastas. No.
        Senator Boxer. OK.
        Senator Inhofe.
        Senator Inhofe. Thank you, Madam Chairman.
        And I am going to make this real quick.
        First of all, let me say that I appreciate both of you
    taking the time to come to my office and I will be supporting
    your nomination. In fact, I will go one step further, Madam
    Chairman. I know we have a three legislative day waiting period
    that I might be in a position to consent to so that we could
    get it done before we go into the recess.
        However, it would be conditioned upon getting back some
    documents that I will ask you about, and also the document that
    has a deadline of this coming Friday that comes from
    Administrator Jackson. I will make sure that is in the record
    so we will know what it is.
        What I would want to, as I mentioned in the opening
    statement, which I was going to mention, but we submitted it
    for the record, is the transparency thing. The EPA's
    increasingly stringent arsenic regulations on rural water
    systems are a real challenge, as I told you when you were in my
    office. You know, I come from the background of being the Mayor
    of a major city and unfunded mandates are the worst enemy we
    have. So we want to be sure that we get the information, that
    we know that all things are considered as you develop your new
    regulations. The IRIS, I think the evaluation needs to be
    looked at.
        And I have some specific things which I will put in the
    record that I will be requesting from you, Mr. Anastas, and
    also from Mr. Fulton.
        But given the consequences of any changes in the assessment
    of arsenic, if you are confirmed will you commit to reviewing
    the IRIS update for inorganic arsenic? That would be for you,
    Mr. Anastas.
        Mr. Anastas. Yes, I will review the inorganic arsenic
    update and will be happy to work with you and this Committee.
        Senator Inhofe. All right. And it has been 4 years since
    the Science Advisory Board. Consequently, a lot of that is
    older information, but do you commit to an external peer review
    and public comment of the document prior to its being
    finalized?
        Mr. Anastas. This is an issue that I will be happy to, if
    confirmed, work with the staff of the EPA and ORD to understand
    where it is in the process. I will be happy to work with you
    and this Committee in finding out what stage it is at in
    getting peer review.
        Senator Inhofe. And all the information. Yes, you know, I
    mentioned to both of you, I want your assurances at this
    meeting that you will treat the minority the same as you treat
    the majority in responding in a timely fashion to the requests
    that we had. OK?
        Mr. Anastas. Yes.
        Mr. Fulton. Yes.
        Senator Inhofe. And finally, let's see, will you commit to
    releasing to the public the models that the EPA uses for
    decisionmaking, including all the models in the model
    validation data relied upon by EPA for the proposed
    endangerment finding?
        Mr. Anastas. I take very seriously the memo that was
    released by the President and Administrator Jackson's directive
    on scientific integrity. It stresses openness and transparency
    and wherever possible materials should be released and made
    publicly available.
        Senator Inhofe. Well, or available to us if we request it.
    We are talking about models. Do you think there is some reason
    that we should not have access to any of these models?
        Mr. Anastas. Not being a member of the agency, I know of no
    reason, but I will be happy to look into it, if confirmed.
        Senator Inhofe. OK.
        Mr. Fulton, in our office we talked about giving some
    protection to some of the small--and I am going back now to the
    issue that we were discussing--to some of the small businesses,
    the schools and all of that. And I think you agreed and you
    quoted the President as saying those aren't the ones that we
    are going to be going after. Are you committed now to try to
    put something together where we will have some assurance that
    we are protecting small businesses and entities from some of
    the very difficult requirements that would be imposed upon
    them?
        Mr. Fulton. Yes, Senator. This would be certainly a point
    of focus, as we discussed in your office, in relation to
    forward movement in dealing with the greenhouse gas challenge.
    I have observed, as has the Administrator and the President,
    that the Administration's focus would be on significant
    contributors of greenhouse gases, and that whatever is brought
    forward from a regulatory standpoint in the event that
    legislation does not fully speak to this issue, would be
    centered in that manner and would be common sense based and
    focused on the most significant actors.
        Senator Inhofe. All right.
        And then last, I would only mention that back when we were
    a majority, we made quite an issue and some real progress in
    grants management. And I think it has slipped a little bit, and
    I expressed to you in our office the significance that I put on
    this, and I would hope that you would commit to going back to
    how we were handling that and the successes that we have had in
    the past.
        Mr. Fulton. Yes, Senator, the agency is very much committed
    to that. We appreciate you keeping this as a matter of focus.
    It took many years to move grants management out of the
    material weakness category and we are anxious to maintain its
    steady status, something that is a positive part of the
    agency's operations.
        Senator Inhofe. Very good.
        Madam Chairman, I thank you. I am going to give you the
    copies. Really about the only thing we need is just an
    elaboration on the questions that I have asked you, and I will
    submit that in writing, along with resubmitting the letter that
    goes to Administrator Jackson, and hopefully we can get it back
    soon enough that we can dispose of this process before we go
    into recess. I think it would work to everyone's benefit.
        Senator Boxer. OK. We have 7 minutes left on the vote, but
    they add another few minutes on. So I am going to ask just a
    couple of brief questions.
        Mr. Fulton, an '05 Government Accountability report stated,
    ``EPA has limited ability to publicly share the information it
    receives from chemical companies under the Toxic Substances
    Control Act.'' This Federal law regulates the use of toxic
    chemicals. The GAO said the use of confidential business
    information claims was the reason for this lack of disclosure.
        If confirmed, would you please review EPA's confidential
    business information rules and recommend ways to increase
    information disclosure to the public?
        Mr. Fulton. Yes, Madam Chairman. I can commit to doing that
    and I think that would be very much in alignment with the
    Administrator's commitment to transparency.
        Senator Boxer. And Dr. Anastas, the Committee has received
    testimony on conflicts of interest that impact the quality of
    information agencies use. For example, in May '07, Professor
    David Michaels testified before the Committee. He authored a
    book titled Doubt Is Their Product, which describes conflict of
    interest impacting the quality of information used by Federal
    agencies.
        If confirmed, would you please review your office's
    conflict of interest guidelines, including for advisory panels,
    and recommend ways to improve safeguards against people with
    conflicts being named as decisionmakers?
        Mr. Anastas. I think you have identified a very important
    issue and the answer is yes, I will commit to reviewing that.
        Senator Boxer. Thank you.
        Mr. Fulton, EPA Inspector General reports in '04 and '06
    cited a need for the EPA to more effectively implement the
    Executive Order on Environmental Justice. The '04 report said
    concerns raised by the General Counsel were a reason for EPA
    not adequately implementing the order.
        If confirmed, will you please review EPA's agency-wide
    implementation of the Executive Order on Environmental Justice
    and help to recommend ways that EPA can better implement this
    order?
        Mr. Fulton. Yes, Madam Chairman. If confirmed, I will do
    so.
        Senator Boxer. Thank you.
        Mr. Fulton, this Committee has received testimony on
    conflicts of interest that impact the quality of information
    that agencies use. It is the same question I asked Mr. Anastas.
        If confirmed, will you review EPA's conflict of interest
    guidelines, including for advisory panels, and recommend ways
    to improve safeguard against people with conflicts serving on
    these boards?
        Mr. Fulton. Yes, Madam Chairman.
        Senator Boxer. OK.
        And let's see, we asked that one.
        Dr. Anastas, this Committee has worked to ensure that EPA
    uses the best available science in its integrated risk
    information system, which is used to set exposure levels to
    toxic chemicals. EPA recently changed the IRIS process to help
    restore its scientific integrity, but agencies with potential
    conflicts of interest still have opportunities to impact EPA's
    work.
        If confirmed, will you produce an immediate report on the
    role of Federal agencies and the White House in reviewing IRIS
    assessments and let us know how we can better handle these
    problems?
        Mr. Anastas. The issue of IRIS is one of the most important
    issues that EPA's Office of Research and Development faces.
    Yes, I can commit to reviewing that. If confirmed, I would hope
    to work with the Committee to assure that the timeframe and the
    nature of the report that you have requested are appropriate.
        Senator Boxer. All right.
        I have just three other questions I am going to submit for
    the record. Would you be sure to get these back to us by the
    end of today? They are not complex, and Arvin, I think you can
    handle that.
        OK. That would be excellent because we are trying to work
    with Senator Inhofe to get you both on the job sooner rather
    than later, because we have that week break. So we will work
    with the minority in trying to get whatever papers they have
    requested. Hopefully, we can do it. If we can, we will. If we
    can't, we will do this confirmation as soon as possible.
        I want to again say to the two of you, you really both
    presented such heartwarming statements to the Committee and we
    are very grateful.
        And we stand adjourned.
        [Whereupon, at 11:15 a.m. the Committee was adjourned.]

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