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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 

( 

Available via the World Wide Web: http://www.gpo.gov/fdsys 
(II) 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

BARBARA BOXER, California, Chairman 

MAX BAUCUS, Montana 

THOMAS R. CARPER, Delaware 

FRANK R. LAUTENBERG, New Jersey 

BENJAMIN L. CARDIN, Maryland 

BERNARD SANDERS, Vermont 

AMY KLOBUCHAR, Minnesota 

SHELDON WHITEHOUSE, Rhode Island 

TOM UDALL, New Mexico 

JEFF MERKLEY, Oregon 

KIRSTEN GILLIBRAND, New York 

ARLEN SPECTER, Pennsylvania 

JAMES M. INHOFE, Oklahoma 

GEORGE V. VOINOVICH, Ohio 

DAVID VITTER, Louisiana 

JOHN BARRASSO, Wyoming 

MIKE CRAPO, Idaho 

CHRISTOPHER S. BOND, Missouri 

LAMAR ALEXANDER, Tennessee 

BETTINA POIRIER, Staff Director 

RUTH VAN MARK, Minority Staff Director 
(III) 

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 

(1) 

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. 
2 

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. 
3 

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 
10 

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-yearold 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. 
23 

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 
35 

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 move-
36 

ment 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. 
37 

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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