[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
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HEARING
before the
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
__________
JUNE 24, 2009
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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
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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
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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:]
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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:]
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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:]
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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.]
[all]