[Senate Hearing 115-549]
[From the U.S. Government Publishing Office]
S. Hrg. 115-549
NOMINATION OF ALEXANDRA DUNN TO BE
ASSISTANT ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY
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HEARING
BEFORE THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
NOVEMBER 29, 2018
__________
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COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
JOHN BARRASSO, Wyoming, Chairman
JAMES M. INHOFE, Oklahoma THOMAS R. CARPER, Delaware,
SHELLEY MOORE CAPITO, West Virginia Ranking Member
JOHN BOOZMAN, Arkansas BENJAMIN L. CARDIN, Maryland
ROGER WICKER, Mississippi BERNARD SANDERS, Vermont
DEB FISCHER, Nebraska SHELDON WHITEHOUSE, Rhode Island
JERRY MORAN, Kansas JEFF MERKLEY, Oregon
MIKE ROUNDS, South Dakota KIRSTEN GILLIBRAND, New York
JONI ERNST, Iowa CORY A. BOOKER, New Jersey
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
RICHARD SHELBY, Alabama TAMMY DUCKWORTH, Illinois
CHRIS VAN HOLLEN, Maryland
Richard M. Russell, Majority Staff Director
Mary Frances Repko, Minority Staff Director
C O N T E N T S
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Page
NOVEMBER 29, 2018
OPENING STATEMENTS
Barrasso, Hon. John, U.S. Senator from the State of Wyoming......
Carper, Hon. Thomas R., U.S. Senator from the State of Delaware..
Whitehouse, Hon. Sheldon, U.S. Senator from the State of Rhode
Island.........................................................
WITNESSES
Alexandra Dapolito Dunn, Nominated to be Assistant Administrator,
Office of Chemical Safety and Pollution Prevention, U.S.
Environmental Protection Agency................................ 7
Prepared statement........................................... 10
Responses to additional questions from:
Senator Carper........................................... 12
Senator Booker........................................... 15
Response to an additional question from Senator Capito....... 25
Responses to additional questions from:
Senator Duckworth........................................ 26
Senator Gillibrand....................................... 27
Senator Markey........................................... 28
Senator Merkley.......................................... 31
Senator Rounds........................................... 34
Senator Whitehouse....................................... 37
ADDITIONAL MATERIAL
Letter from The Environmental Council of the States.............. 159
Letters of support for the Nomination of Alexandra Dunn.........161-208
NOMINATION OF ALEXANDRA DUNN TO BE ASSISTANT ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY
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THURSDAY, November 29, 2018
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The committee met, pursuant to notice, at 10:35 a.m. in
room 406, Dirksen Senate Building, Hon. John Barrasso (chairman
of the committee) presiding.
Present: Senators Barrasso, Capito, Boozman, Fischer,
Rounds, Ernst, Sullivan, Carper, Cardin, Whitehouse, Merkley,
Gillibrand, Booker, Markey, and Van Hollen.
OPENING STATEMENT OF HON. JOHN BARRASSO,
U.S. SENATOR FROM THE STATE OF WYOMING
Senator Barrasso. Good morning. I call this hearing to
order.
Today, we will consider the nomination of Alexandra Dunn to
be Assistant Administrator of the Environmental Protection
Agency's Office of Chemical Safety and Pollution Prevention.
Ms. Dunn is a well-qualified nominee and will bring a
wealth of experience and expertise to this critically important
position. I commend President Trump for nominating such an
accomplished American and dedicated public servant.
EPA's Office of Chemical Safety and Pollution Prevention
protects the American people and the environment from potential
risks posed by pesticides and toxic chemicals. The office
implements the Toxic Substances Control Act, Federal
Insecticide, Fungicide, and Rodenticide Act, Federal Food, Drug
and Cosmetic Act, Pollution Prevention Act, and portions of
other important environmental statutes.
Ms. Dunn has an outstanding resume and is well-qualified to
lead this essential work at the agency. As the current regional
administrator for EPA's Region 1, Ms. Dunn is in charge of
Federal environmental protection efforts in Connecticut, Maine,
Massachusetts, New Hampshire, Rhode Island, Vermont, and ten
tribal Nations.
Previously, she built her career over two decades in a
number of leadership roles in environmental law, legislation,
policy, and regulatory affairs. Those roles included: executive
director and general counsel of the Environmental Council of
the States; executive director and general counsel of the
Association of Clean Water Administrators; and general counsel
of the National Association of Clean Water Agencies.
Ms. Dunn has also served as chairwoman of the American Bar
Association's Section of Environment, Energy, and Resources.
Two former Obama administration assistant attorneys general
for the Justice Department's Environment and Natural Resources
Division have enthusiastically supported Ms. Dunn's nomination.
Ignacia Moreno, who served in that position during
President Obama's first term, wrote that Ms. Dunn would make
``an outstanding assistant administrator.'' John Cruden, who
served in the position during President Obama's second term,
wrote: She will bring great management skills, a passion for
the environment, and the ability to work cooperatively with
States, environmental groups, industry, and academia.''
He goes on to say, ``I can say, without any hesitation,
that Alexandra Dunn is supremely well qualified, will be a
great and good force for positive environmental action, and
will be someone who carefully reviews, abides by, and
implements the law.''
Twenty-one former chairs of the American Bar Association's
Section of Environment, Energy, and Resources jointly wrote in
support of Ms. Dunn's nomination, as did Todd Parfit, the
director of the Wyoming Department of Environmental Quality,
and numerous other leaders and stakeholders from across the
political spectrum.
I look forward to hearing from Ms. Dunn as the committee
members consider her nomination.
I will now turn to Ranking Member Carper for his statement.
OPENING STATEMENT OF HON. TOM CARPER,
U.S. SENATOR FROM THE STATE OF DELAWARE
Senator Carper. Thank you, Mr. Chairman.
Let me just say, thank you for your willingness to take
this on. Thank you to the people sitting behind you who have
your back. Some of them have had your back since you were a
kid, some in high school, some in college, one of them is
actually married to you and one of them, your son.
I understand your mom is out there. Is her name Barbara?
What is your mom's name?
Ms. Dunn. Barbara.
Senator Carper. She is out there somewhere watching this on
television. We thank her for helping to raise you.
I just want to say, Mr. Chairman, thanks very much for
moving this nomination along and getting the nominee before us
to see what she has to offer in leading EPA's Chemical Safety
Office.
Just over a year ago, it was publicly made clear that the
Trump Administration's first nominee for this position, Michael
Dourson, would never be confirmed by the U.S. Senate. I am
pleased that he withdrew and his name was withdrawn.
I am pleased to say to Ms. Dunn, with whom I had the
pleasure of meeting last week, you are clearly no Michael
Dourson.
A majority of Senators signaled their intent to vote
against Dr. Dourson's confirmation because they felt that he
lacked the objectivity and credibility to be EPA's top chemical
safety regulator.
I am withholding judgment until we hear from Sheldon
Whitehouse. When he makes his introduction, we will see how
that goes. From what I know of Ms. Dunn's professional
reputation, she does not lack objectivity or credibility.
What I hope to better understand today, as we consider her
nomination, is whether she represents a change in personnel or
a change in direction, an important point. We need both.
When Congress, the chemical industry and the environmental
community worked together to overhaul the Toxic Substances
Control Act in 2016, failed environmental law that dates all
the way back I think maybe to the Jerry Ford Administration and
never really worked.
After almost three or four decades of failure, we decided
to rewrite the bill. We were so excited we found consensus. A
bunch of us in this room, Cory Booker, Ed Markey and others on
both sides of the aisle, worked very hard to get this done.
The new Administration taking over implementation of this
new law, we are so proud of, has been an abject failure. What
started off as a great salvation, we did our job, worked
together, found common ground with all the stakeholders and had
near unanimous support, and watched that ship come ashore on
the rocks.
It is a new day. All of us from Jim Inhofe to Ed Markey,
who worked hard to build the near-unanimous vote to enact the
new law because it was a failure, made it all but impossible
for EPA to ban, or otherwise regulate, some of the most
dangerous chemicals known to man.
In any event, we are here today. You have been nominated
and we think that is a good thing.
The best I can tell there is almost no element of EPA's
TSCA implementation efforts that has the vote of confidence of
anyone at all. Instead of using the new law to protect
Americans from exposure to toxic chemicals, the Trump
Administration appears to have broken the new law repeatedly,
subjecting itself to litigation that I, along with many others,
believe the Administration will likely lose.
Instead of looking at all of the uses of a chemical when
evaluating a chemical's safety the way the law requires, EPA is
completely ignoring many of these uses. That has led, and will
continue to lead, to weaker protections for the most vulnerable
among us.
Instead of imposing enforceable requirements to ensure that
both the public and workers are protected from exposure to new
chemicals, EPA seems to be assuming that companies will take
voluntary action to do so.
Instead of looking at all of the scientific studies related
to a chemicals safety, EPA is deliberately excluding
independent university research and giving more weight to
industry-funded studies. The one positive step EPA said it
would take to finalize one of three chemical bans proposed by
the Obama administration has been stalled, as we know, for
almost half a year.
Neither I, nor many of my Democratic colleagues, were under
any illusions that we would agree on everything the Trump
Administration EPA did. Nonetheless, I believe that all of us
had hoped that the spirit of bipartisan cooperation and
compromise that this committee drew upon when we were writing
the new law would also be reflected in the new law's
implementation.
I, for one, am profoundly disappointed that this has not
been the case. I know others share that view.
I would like to learn today, Ms. Dunn, whether you can
change that dynamic. I think leadership is key to everything. I
do not care about the size of the organization; the key is
leadership.
I know from our meeting that you want to change it. The
question is, will you have the authority and support from the
rest of the political leadership at EPA, outside the EPA and
the Trump Administration to be a change in direction, not just
a change in personnel.
If the answer is yes, I think there is a real possibility
that you could be confirmed in short order. If the answer is
no, then your nomination could be pending for some time, which
is not what any of us want.
In any event, we will be listening to your answers to
questions today to begin to gauge which course it is likely to
be. Let me add, however, that we will also be looking to Acting
Administrator Wheeler for some specific commitments that will
make possible a real change in direction for EPA's chemical
safety efforts.
Again, welcome to you and those who joined you today. To
your Mom sitting back in Massachusetts, tell her we said hello
and thanks for sharing her daughter with us.
Thank you.
Senator Barrasso. Thanks so much, Senator Carper.
Now I would like to invite Senator Whitehouse to introduce
Ms. Dunn.
OPENING STATEMENT OF HON. SHELDON WHITEHOUSE,
U.S. SENATOR FROM THE STATE OF RHODE ISLAND
Senator Whitehouse. Thank you, Chairman.
Colleagues, your eyes and ears do not deceive you. The
Democratic junior Senator from Rhode Island is introducing a
Trump environmental nominee. As you know, I have often
vociferously opposed many of the current Administration's
environmental nominees.
Alex Dunn is the current Administrator of EPA Region 1,
covering my home State of Rhode Island. She has been nominated
to lead EPA's Office of Chemical Safety and Pollution
Prevention.
Unlike the highly conflictive first nominee to lead the
office, Alex has a solid career largely independent of
industry. I first met her in 2015 through Janet Coit, our
deeply respected director of the Rhode Island Department of
Environmental Management. Janet and Alex worked closely
together when Alex was executive director and general counsel
of the State Environmental Commissioners Organization, the
Environmental Council of the States.
At ECOS, Alex worked on some of the most controversial
national environmental issues including regulation of toxic
chemicals. Alex worked closely with this committee as we worked
on TSCA to articulate State viewpoints in the reauthorization
of the Toxic Substances Control Act. Her familiarity with the
intricacies of this important statute will help her succeed in
the role for which we consider her today.
Throughout the past year, I have had the opportunity to
observe Alex work diligently to fulfill EPA's mission of
protecting human health and the environment as Regional EPA
Administrator for the New England States. Ms. Dunn has a deep
passion for working with communities, for environmental justice
and for leveraging the expertise of non-governmental
organizations. She has overseen enforcement actions that reduce
public health risks as well as compliance initiatives that
ensure proper chemical storage and management in New England.
She prioritizes open communication around difficult issues
and is well respected by our whole congressional delegation in
Rhode Island. She is highly capable of successfully
implementing the Frank R. Lautenberg Chemical Safety for the
21st Century Act updating TSCA.
This Lautenberg Act, as we remember in this committee, was
the fruit of bipartisan negotiations involving many of our
members across a wide spectrum of political orientation. That
process exemplified the Senate at its finest, tackling a
difficult issue in an effective way, ultimately through a
compromise solution acceptable to both parties.
We understand on this committee the bipartisan heritage of
the Lautenberg Act, so does Ms. Dunn. If she is confirmed, I
expect EPA leadership to allow her to implement the Lautenberg
Act in the manner in which it was intended. I call on my
colleagues on this committee to support Ms. Dunn in doing her
job right.
Bipartisan faith was forged here in the negotiation and
passage of TSCA. The previous nominee was a living, walking
breach of that faith. Ms. Dunn will keep the faith and I hope
we all will too. That was a success of this committee that I
hope we will honor.
I am very pleased to welcome Ms. Dunn to the Environment
and Public Works Committee and to support her nomination. I
expect her to work closely with members of this committee, if
confirmed, to ensure that the vision we had for the Lautenberg
Act is realized as well as to carry out the many other
important responsibilities at the Office of Chemical Safety and
Pollution Prevention. I will count on her to resist improper
interference with her work.
Thank you, Ms. Dunn. Welcome to our committee.
I yield back the floor.
Senator Barrasso. Thank you very much, Senator Whitehouse.
I would like to add my welcome to you to the committee,
Alexandra Dunn, nominated to be Assistant Administrator of the
Environmental Protection Agency's Office of Chemical Safety and
Pollution Prevention.
I would like to remind each of you that your full written
testimony will be made a part of the permanent record. I am
looking forward to hearing that.
I would say I do have a letter of commendation to follow
that of Senator Whitehouse also from the New England States.
This is from Senator Susan Collins and supports your
nomination. I ask unanimous consent to enter this letter into
the record.
Without objection, so ordered.
[The referenced information follows:]
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Senator Barrasso. I look forward to hearing your testimony.
We will now hear from you. Would you like to start by
introducing your family and friends and then please proceed
with your testimony?
STATEMENT OF ALEXANDRA DAPOLITO DUNN, NOMINATED TO BE ASSISTANT
ADMINISTRATOR, OFFICE OF CHEMICAL SAFETY AND POLLUTION
PREVENTION, U.S. ENVIRONMENTAL PROTECTION AGENCY
Ms. Dunn. Thank you very much, Chairman Barrasso, Ranking
Member Carper, Senator Whitehouse, for your introduction, and
to all members of the committee who are here. It is a great
privilege to be here.
In terms of introducing my wonderful family, in the order
in which they are seated, I have my best friend from high
school, my best dog watcher.
Senator Carper. The gentleman on the left? He went to high
school?
Ms. Dunn. That is my policy advisor. They are: my best
friend from high school; my favorite dog walking friend; my
sister-in-law; my husband, Chris; my son, Sean; the best hockey
goalie in Virginia and the East Coast, Sam Blanton; his mom,
Ann, I am a hockey mom; my good friend from college, Nancy
Haller Bender; and my good friend from EPA, Sonia Altieri.
Senator Barrasso: Welcome to all of you.
Ms. Dunn. My daughter, Caroline, is at college in
Environmental Science right how. She said that her class would
be streaming this. Hopefully they are having an educational
experience right now at Muhlenberg College in Pennsylvania.
Hopefully my mom figured out how to work the internet and is
watching online.
Good morning, Chairman Barrasso, Ranking Member Carper and
distinguished members of the Committee. I am privileged to
appear before you today as you carry out your responsibility to
provide advice, and hopefully, consent for my nomination for
the position of Assistant Administrator for the EPA Office of
Chemical Safety and Pollution Prevention. I am deeply honored
that President Trump, Acting Administrator Wheeler, and this
committee are considering me for this role.
Members of the committee, I bring to this role 24 years of
complete dedication to environmental law, policy, regulation,
and its implementation. The many perspectives from which I have
experienced the body of Federal environmental law have prepared
me well for the role for which I have been nominated.
I have worked for the Nation's municipalities, built
compromises across the environmental directors of all 50 States
at ECOS. I have represented regulated industry on environmental
justice and trained hundreds of future environmental
professionals as a Dean at Pace Law School and Adjunct
Professor of Law at three law schools.
Since January, as you heard, I have had the privilege to
serve President Trump as the Regional Administrator of EPA
Region 1, New England. Alongside the incredible career EPA
staff, all 520 of them in New England, who daily advance EPA's
core mission of protecting public health and the environment,
Region 1 has taken very tangible steps to restore waterways;
remove chemicals from and accelerate the redevelopment of
Superfund and brownfield sites; respond to deeply needy tribal
nations; advance justice; implement lead protection strategies;
contribute to the national conversation PFAS and reduce
chemical hazards in our communities.
This experience has increased tenfold my respect for EPA as
a tremendous Federal agency with the capability to do great
good and my appreciation of the career EPA staff who work daily
to ensure public safety and environmental protection.
If confirmed, I am confident I will lead and manage the
Chemicals Office at EPA to deliver on Congress' vision for an
impactful and effective implementation of the Frank R.
Lautenberg Chemical Safety for the 21st Century Act.
As the only environmental statute overhauled in recent
years, with overwhelming bipartisan support as referenced from
many of you here today, this law's implementation requires
strong and transparent leadership.
In preparation for today, I reflected on my own work
regarding the statute's long journey to reform. As debate was
robust when I was Chair of the American Bar Associations
Section of Environment, Energy and Resources, and while I was
at ECOS, we worked across States collaboratively with Congress,
particularly on the preemption provisions.
I also met with many members of this committee. I spoke to
environmental organizations, community and worker groups,
States, and industry, to be here today. Without question, there
are strong views about how this law should be implemented to
realize the bipartisan vision that brought it across the finish
line in 2016.
If confirmed, I commit to keeping an open door to all
groups and entities interested in seeing this law reach its
full potential. With deadlines fast approaching and complex
risk assessments ahead, EPA has a heavy workload.
Under the letter of the law and the support of this
committee, President Trump and Acting Administrator Wheeler, I
am confident that EPA can fulfill with credibility and respect
the role that Congress gave us when it put TSCA's
reauthorization and implementation in the agency's hands.
The Chemicals Office has many important roles and functions
beyond Lautenberg's implementation which I will carry out with
equal dedication and interest. These include ensuring the safe
regulation of pesticides under the Federal Insecticide,
Fungicide and the Rodenticide Act and the Federal Food, Drug
and Cosmetic Act, as well as safer chemistry programs.
In conclusion, Senators, if confirmed, I will ensure that
all programs under my office's responsibility thrive, produce
meaningful environmental outcomes, demonstrate the highest and
best use of science, and responsibly use taxpayer resources.
Mr. Chairman, members of the committee, while I would miss
working with the team at EPA New England very much and perhaps
miss living with my mother, I am ready to, with your advice and
consent, return to Washington to my family to carry out EPA's
mission in the Office of Chemical Safety and Pollution
Prevention with integrity and transparency.
I respectfully request your support and I look forward to
your questions. Thank you very much.
[The prepared statement of Ms. Dunn follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Barrasso. Thank you so much for your testimony.
Throughout this hearing and with questions for the record,
the committee members will have an opportunity to learn more
about your commitment to the public service and our great
Nation. I would ask that you please respond both to the oral as
well as the written questions that may be asked of you by the
committee.
I have to ask several following questions that we ask all
nominees on behalf of the committee. Do you agree, if
confirmed, to appear before this committee or designated
members of this committee and other appropriate committees of
the Congress and provide information subject to appropriate and
necessary security protections with respect to your
responsibilities?
Ms. Dunn. I do.
Senator Barrasso. Do you agree to ensure that testimony,
briefings, documents in electronic and other forms of
communication of information are provided to this committee and
its staff and other appropriate committees in a timely manner?
Ms. Dunn. Absolutely.
Senator Barrasso. 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?
Ms. Dunn. I am not aware of any matters.
Senator Barrasso. Thank you for the answers.
I am going to reserve the balance of my time for use during
the hearing.
Senator Carper. If you are confirmed for this position for
which you might be moving out of your mom's house, does she
know this? That is my first question.
[Laughter.]
Ms. Dunn. She is aware.
Senator Carper. Is she OK with this?
Ms. Dunn. She is OK with it. I think she is going to miss
me.
Senator Carper. She will miss you when you are gone.
Getting on to a more serious note, I know you worked hard
on the laws and you talked about it here today. Some of our
staff members behind me and on either side of me worked with
you in your previous capacities, and folks back in Delaware,
several Secretaries of the Department of Natural Resources and
Environmental Control, one of who is now leaving the National
Wildlife Federation.
They know of your professionalism firsthand. We have heard
a bunch of lovely testimonials about the work you have done and
the way you have conducted yourself in your current capacity
and previous capacities. Having said all that, none of that
will matter if you cannot or do not make real changes in the
agency's chemical safety efforts.
The first question is, can you tell us briefly what changes
you intend to make if you are confirmed and what assurances you
have from the political leadership at EPA that you will have
the authority to make those changes?
Ms. Dunn. Senator, that is a very good question. If
confirmed, I intend to immediately hold open door hours with
the career staff at EPA. I want to find out where they are
being listened to, how they are being treated, and how their
decisions are being valued by the team.
I intend to work closely with all members of this very
large office, but I do want to be open to them. I have learned
working in EPA New England that the EPA career staff are
experts. They know what they are doing, they have great
recommendations, and they work hard.
My first priority will be to connect with the career staff,
let them know their opinions are valued, and let them know
that, as a leader, I want to hear from them. I intend to, as
Acting Administrator Wheeler has done, include career staff in
briefings, and make sure we are listening to them. That is one
change I intend to make. I do not know if it is a change but it
is how I operate.
The second thing I would like to do is prioritize the
workload that we have. As you know, the statute has a number of
deadlines. We have 3 years of work that has occurred under the
reauthorized law and we have more things happening in 2019.
I would like to work closely with you and your colleagues
to find out where EPA can make the most impactful changes to
the work that has occurred. Do we need to look backward or do
we need to look forward? I am willing to do both but I think we
have to prioritize which direction to go.
I intend, as a second action, to take a very, very
comprehensive look at the workload and prioritize the tasks we
need to implement.
Senator Carper. Be very brief on the third thing because I
have one more question I want to ask you before my time
expires.
Ms. Dunn. The third thing I would commit to doing is
maintaining regular contact both with this committee, and also
certainly the members of the House who are passionate about
this statute, to hear firsthand what you expected.
Senator Carper. Thank you.
Less than a year ago, I think in your previous capacity,
you sent to the EPA a letter stating that the law requires all
uses of a chemical to be evaluated. I would ask unanimous
consent for that letter to be submitted for the record.
Senator Barrasso. Without objection.
[The referenced information follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. Ms. Dunn, do you still agree that the law
requires EPA to evaluate all the ways someone might be exposed
to a chemical? If you are confirmed, what will you do to ensure
that EPA follows that part of the law?
Ms. Dunn. If confirmed, Senator, I commit to implementing
the law, following the law, and bringing all the provisions of
the law to full effect.
Senator Carper. The new law includes language, as you may
recall, directing EPA to use the best available science as it
evaluates a chemical's safety. Unfortunately, Trump's EPA is
not implementing that part of the law well, at least in our
estimation. Specifically, currently politically, the office you
have been nominated to lead has developed a document that would
have the result of systematically excluding scientific studies
from being used as part of EPA's chemical safety effort.
For example, scientists at the University of California,
San Francisco, reviewed high quality scientific studies that
showed that exposure to some flame retardant was harmful to
children, a conclusion that the National Academy of Sciences
later said it agreed with but EPA's new process would actually
prevent studies like that from being considered.
Don't you think that the best available science should mean
that all relevant studies should be considered by EPA when it
is assessing the safety of a chemical?
Ms. Dunn. Senator, I agree with you. EPA is a science-
driven agency. That is why we were founded, to be based on
science. I commit, if confirmed in this position, to using the
best available science to make our decisions.
Senator Carper. Thank you.
Senator Barrasso. Thanks, Senator Carper.
I want to follow-up a bit about some of the things in the
law. I want to discuss a class of about 5,000 chemicals known
as PFAS, the polyfluoroalkyl substances. Members of the public,
State officials and many in Congress are concerned about the
threat that these chemicals pose to human health and the
environment, an especially urgent concern among those living on
or near military bases, which is a fundamental point here. At a
minimum, I think the EPA must speak clearly about the level of
risk associated with these chemicals and not just talk about it
but take decisive action where it is warranted.
I know you have had experience with this issue as EPA's
Region 1 Administrator. If confirmed, could you talk about how
you intend to address these PFAS chemicals nationally?
Ms. Dunn. Thank you, Senator.
New England is often considered ground zero for the PFAS
issue. We have many affected communities. All six New England
States have detected the presence of PFAS in their communities.
As Regional Administrator, I was proud to be able to host
the first national regional forum on PFAS constituents. We met
for 2 days. We made sure that community groups were front and
center at that event so that we could hear from, frankly, the
groups of parents, mothers and true activists who have learned
about the presence of these contaminants in their communities,
and who have become environmental experts when that is not
their day job. They have researched and they have learned. We
created a forum for them to bring forward those views.
At EPA, we now are working hard to complete a national
action plan around PFOS and PFAS. My understanding is that
national action plan will be ready soon.
Senator Barrasso. I wanted to turn to TSCA which has
already been raised by Senator Whitehouse in his introduction.
It is something Congress passed in 2016, comprehensive
legislation to reform a 40-year-old law.
Since then, the EPA's implementation has received some
scrutiny. The environmentalists and chemical manufacturers have
both been critical of EPA's implementation of the new chemical
program for different reasons.
If confirmed, how do you intend to address the competing
interests surrounding the TSCA reform legislation?
Ms. Dunn. Senator, this is a part of how I have operated
throughout my entire career with very, very diverse opinions. I
respect diverse opinions but I often find that if you have open
and real conversation, you can reach a middle understanding.
What I would like to do is try to bring those groups
together, if they can be brought together, then meet with them
separately, hear their concerns and then work to find that path
forward that allows EPA to make progress, meet our statutory
deadlines, provide protection of the American public, but to
keep the system moving forward.
Senator Barrasso. I want to now discuss methylene chloride.
I understand this chemical has been blamed in dozens of
accidental deaths across the country. In 2017, at one point,
the Obama administration proposed banning methylene chloride
for use in consumer and chemical paint strippers. In May of
this year, the EPA indicated it would finalize that ban. EPA
has yet to do so. In the meantime, Home Depot, Lowe's and
Sherwin Williams have announced they are going to remove these
paint strippers from their shelves.
If confirmed, do you have plans for addressing this issue?
Ms. Dunn. Absolutely, Senator. I am absolutely aware of the
dangers of this chemical and the widespread public concern
regarding it. If confirmed to this position, I will make it a
top priority to be briefed on where we stand in the process and
report back to your office and any others on this committee who
have an interest in the status of this work.
Senator Barrasso. My final question is with regard to
FIFRA. For years, members of the public have expressed concerns
that EPA is not doing a better job addressing the hazards
associated with pesticides. In many instances, the public has
turned to State governments and even the courts for stricter
controls on pesticides.
I think it is fair to say that a patchwork of State
regulations is not what anyone wants in terms of what is out
there on this specific topic. If confirmed, how would you boost
the public's confidence in the EPA's regulation of pesticides
under FIFRA?
Ms. Dunn. Currently, Senator, we are in a position to be
retaining new expertise, bringing on additional staff so that
we can be more timely with our work under FIFRA. Also, I
believe we can communicate our work as expeditiously as
possible. I agree that a patchwork of regulations can be
problematic and in fact, that is what TSCA was designed to try
to address.
I commit to working with you and your office on ensuring
that FIFRA works well.
Senator Barrasso. Thank you for your answers.
Senator Merkley.
Senator Merkley. Thank you very much, Mr. Chairman.
Thank you so much for your service in the cause of trying
to build a better world and a better environment.
To begin, the question I have is in regard to asbestos.
Specifically, 60 countries have banned it, saying there is no
safer controlled use of it. Now we have the EPA setting up a
SNUR process that essentially lists 15 potential uses but
anything outside of those 15 could be done without EPA review.
It is like a free pass.
Why would we want to give a free pass to any potential use
of asbestos in our environment? Is that something you have been
briefed on and any concerns about?
Ms. Dunn. Senator, in my current role as Region 1
Administrator, I am not responsible for asbestos regulation.
However, I commit to you that, if confirmed to this position, I
will be immediately briefed on this matter.
I understand the great concern with asbestos in the
environment and the deaths that have occurred due to asbestos
exposure. I would like to work with your office on this.
Senator Merkley. From a philosophical point of view,
though, you do not have any inclination that we should
necessarily have new uses of asbestos that do not go through
some form of chemical review?
Ms. Dunn. New uses of asbestos, my understanding is they
would be reviewed through the significant new use rule.
Senator Merkley. Apparently not, according to the briefing
we received on this, if outside the 15 listed uses. That is the
concern.
There is also Section 6 in the law of TSCA. It says EPA has
the authority to prohibit or limit the manufacture, processing,
distribution, so on and so forth, of a chemical that represents
an unreasonable risk to human health or the environment. That
unreasonable risk has been demonstrated for asbestos time and
time and time again.
Would you commit to looking at Section 6 as a pathway to
possibly joining the other 60 nations that have banned asbestos
in order to ban it here in the U.S.?
Ms. Dunn. Senator, I absolutely understand your concern
with asbestos. I commit, if confirmed to this position, to
being briefed on this matter, looking at all opportunities that
we have under the law, the authorities we have to manage this
risk, and immediately report back to your office.
Senator Merkley. Thank you.
One of the things that symbolically disturbed me is we do
not manufacture asbestos in the U.S. anymore. It previously
came from Brazil but they banned it because they said, no, this
is hurting people.
Now we import it from Russia. Russia sent over their
packing of asbestos with a picture of our President, with
written in Russian a word that represents endorsement, implying
that our government endorses the use. Symbolically, that is not
where we want to be.
The whole point of TSCA was to take chemicals that had not
been reviewed in the past that were everyday household products
and say, no, we are actually going to consider human safety in
their use. It was in 1991, I believe, when the ship ran ashore
on controlling toxic substances in everyday use.
Here we are a generation later, finally with this chance.
You would be the captain of that ship. Can we count on you to
be a good captain on this topic?
Ms. Dunn. Senator, you can definitely count on me to work
with our team and come up with the most public health
protective and environmental protective outcomes under the law.
Senator Merkley. Thank you, diplomatically stated.
I wanted to turn to the new chemicals. In this case, there
is a process that has been underway in which the law said the
chemical should be reviewed for proposed uses by the
manufacturer, intended uses, but all other known or reasonably
foreseen future uses.
That latter clause has been essentially nullified,
dramatically changing the congressional intent. Can you take a
look at that and make sure the law, as written, which said look
at both what the manufacturer says it is going to be used for,
but all other potential, reasonably foreseen uses or known uses
and that full scope gets examined so we are not just looking at
a single use as stated by a manufacturer?
Ms. Dunn. Senator, in my preparation for today, I learned
that is an issue of great concern to many groups. If confirmed
to this position, I commit to being briefed on the matter by
our team, getting back to your office and answering your
question directly.
Senator Merkley. Thank you.
Senator Barrasso. Senator Capito.
Senator Capito. Thank you, Mr. Chairman. Thanks to the
Ranking Member.
I want to thank our nominee. Thank you for your past
service and future service. I think it is a great chance for us
to get to hear from a very qualified nominee in Ms. Dunn. Thank
you for being here.
I want to go back to PFAS. You and I visited in my office.
I know before you were living with your mother, you were in
Loudoun County and will be back to Loudoun, Virginia which is
right across the way from where we have had some issues with
PFAS in West Virginia.
This has already been touched on but it since it hits
several communities in my State, I just want to reinforce my
feelings and some frustrations we have had over the last year,
I would say, in not getting the full picture and release of the
full data around possible effects of PFAS in the communities.
Having said that, you have had a lot of experience with it
but I would like to have your commitment that you will work
with all of us and the public to make sure we are getting all
of the released studies, recommended levels and all of those
things and be able to make a fair comparison and also an
informed decision.
Ms. Dunn. Absolutely, yes, Senator, I can commit to making
sure the studies you are asking about are available and that we
look at a full suite of information regarding these chemicals
and their persistence in the environment. It is certainly
something I have been working with in New England, as I
mentioned, in all six of our States.
Senator Capito. It was mentioned that some of these are
around military installations which is the case of our one in
Martinsburg. I have to say we were able to get some concessions
from the Department of Defense in the appropriations bill this
past year to help these local communities on the cleanup of
these areas.
I do not think it has completely taken care of all the
issues but it is certainly a good start for our areas. I am
pleased about that.
Let me ask you this. We have, from time to time and
probably more times, conflicts between our State and Federal
regulators, who has primacy, who has jurisdiction, and who is
encroaching on who. I think it becomes a very sensitive issue
at the State level certainly for all of us who work with our
State regulators all the time.
You have a lot of experience in working with State
regulators. I am sure you have experience in seeing the
tensions that can exist from time to time. In your new role,
how would you address that issue? How do you see your office,
your new office, in terms of decisionmaking, overruling States,
or working with States? How do you work out those issues
because they can be very difficult from to time?
Ms. Dunn. Yes, they can, Senator. I agree with you. States
have assumed 98 percent of the delegable programs under Federal
environmental law. States bring 90 percent of the enforcement
actions.
Certainly coming from ECOS, I have a healthy respect for
our State environmental agencies. They are truly the boots on
the ground and do excellent work.
In New England, we have developed a real partnership where
we consult with the State on matters. Sometimes the State asks
for our help and we are happy to be there. However, we do not
just assume that EPA is welcome. We ask the State if they need
our resources and support.
For example, we have done that on PFAS or vapor intrusion
where some of our New England States have specifically asked
EPA to come in and assist them. We have that capability. Also,
if a State is short on resources or needs our capacity, we are
able to bring that additional capacity.
Our presumption has been that the State is able to take
effective enforcement actions and they have largely proven that
to be correct. Yes, the agency sometimes needs to over file if
something is not going well in a State, but that is usually
after consultation with the State. We speak with them and say
it is now time that EPA has to step in and do this work.
In my new role, the chemicals and pesticides programs are a
bit more headquarters-centric, not all the authorities are
given to the States as they are under air, water, and land.
Notwithstanding any actions we take, I will maintain open and
regular communication with our State environmental officials.
Any State that would be impacted by our decision deserves
early and open communication, not just being told what we are
going to do but being consulted and asked how it will impact
the State and then making a decision that works for both.
Senator Capito. I think in terms of asking the State,
working with the State is the way to go. I think some State
regulators get very frustrated and feel they take opinions,
they weigh in on certain actions and then it is like blowing in
the wind, they do not either get a response or any feeling they
are really a part of the process.
I think if we are going to expect to do the enforcement
actions, the policing and have the work force to be able to do
that, we have to work together on this. I appreciate that.
Thank you.
Senator Barrasso. Thank you, Senator Capito.
Senator Whitehouse.
Senator Whitehouse. Thank you, Mr. Chairman.
Welcome, Ms. Dunn. It is good to see you here in Washington
and not just up in Rhode Island, our wonderful New England
region.
I have noticed, as the political staff have been working on
this issue, in this Administration that there has been what I
consider to be unnecessary and unjustified narrowing of the
exposure pathways that EPA will consider in enforcing the TSCA
risk evaluations.
I would ask whether, as the first Senate-confirmed
Assistant in this Administration, you will review what has been
done before you and come to your own conclusions about what
those exposure pathways should be?
Ms. Dunn. Yes, Senator Whitehouse, I understand this is an
issue of great concern. I have heard it raised by many of the
environmental organizations I have spoken with. Yes, I confirm
to be fully briefed on this matter, finding out exactly how and
why we are taking the approach we have been taking, and then
coming back and talking to you about whether there are
alternate approaches we could implement.
Senator Whitehouse. On another matter, the Lautenberg Act
amendments that revived TSCA are fairly recent. On this
committee are both Republican and Democratic staff who worked
very carefully and well together to help us put together a bill
that could pass with the strong support this received.
I would propose to you that might be something you could
consider as a resource, particularly speaking with bipartisan
groups of those staffers, as you and your team work through
what our intention was in trying to amend and revive this law.
Ms. Dunn. We are of similar mind there, Senator, because I
have thought that perhaps regular communication with the staff
that helped draft the provisions and worked on the law, they
know what they intended, that those kinds of conversations
would be really important as we move forward with new
obligations and new steps under the statute.
Senator Whitehouse. Terrific. Thank you.
My last question is more of a process question. We have
received a lot of reports about political staffers in EPA,
including in your area, presuming you are confirmed,
responsible to the office you will hold, refusing to put
instructions to career staff in writing.
That sends up a bit of a red flag for many of us who think
congressional oversight is an important responsibility. It also
appears to run afoul of 36 CFR 1222.22 which is a regulation
requiring Federal employees to ``document the formulation and
execution of basic policies and decisions, including all
substantive decisions and commitments reached orally.''
When you have political staff, many of whom have highly
suspicious contacts with the regulated industry, who are
dealing with officials and refusing to go on record, refusing
to follow that regulation, as you can imagine, that sends up
all kinds of warning signals.
These regulations are there for a reason. Congressional
oversight exists for a reason. Presuming you are confirmed to
this position, I hope you will be firm about assuring that the
procedural requirements for agency decisionmaking are properly
met.
Ms. Dunn. Senator, I am not in that office now, so I am not
aware of the practices that have occurred but given my
experience in EPA New England, whenever you work in a large
office with multiple players, it is very important to be able
to codify in writing what the manager is asking of the staff so
that everyone is clear. It certainly seems reasonable to
proceed in that direction.
Senator Whitehouse. Last question is will you answer your
mail?
Ms. Dunn. Any mail that I receive, I will absolutely answer
the mail.
Senator Whitehouse. Great. Thank you. God knows how many of
our letters have gone into the great black hole of EPA with no
response whatsoever from anyone. We would like to improve on
that.
Ms. Dunn. I will answer your letters.
Senator Whitehouse. Thank you.
Senator Barrasso. Thank you, Senator Whitehouse.
Senator Boozman.
Senator Boozman. We appreciate that. Even if someone is on
the other side of the aisle, that is something we all have in
common. It really does not matter what Administration is in
power at the time. It is frustrating not to get answers as to
what is going on. We appreciate your willingness to do that.
It is good to have you here. We appreciate the great work
you have been doing since being appointed as Regional
Administrator for Region 1. You have many, many
accomplishments.
You hosted a national summit to curb harmful chemicals in
drinking water, issued a report outlining the agency's efforts
to promote recycling, cleanup rivers and implemented a plan to
reduce stormwater runoff. It is worth noting that you were able
to accomplish these great things while earning praise from New
England environmental leaders and Curt Spalding, your
predecessor from the previous Administration.
I guess the question is how do you feel your current role
as regional administrator has prepared you for the role of
Assistant Administrator of the Office of Chemicals Safety and
Pollution Prevention?
Ms. Dunn. Thank you, Senator, for that question.
Being a regional administrator is wonderful preparation for
coming back to headquarters, if confirmed, to run what we call
national programs. When you are in the regions, we have 520
career staff at EPA New England, and you realize how often you
receive missives, directives, and memos from headquarters that
ask the regions to take certain actions or various steps.
I have been able to see how those transmittals kind of
ripple through the agency and through the staff. I have really
learned, coming to Washington, the importance of clarity from
what we are seeking as a national program out in the regions,
if we need the regions to take certain steps, to be very clear
about those steps.
The other thing I have really learned is when you become a
regional administrator you are a solo political appointee
essentially. You immediately work side by side, shoulder to
shoulder with the EPA career staff. You cannot surround
yourself with other appointees. There are no other appointees.
I learned that the career staff at EPA has the agency's and
public health's best interests at heart. They want us to
succeed. They want the appointee to succeed. They want to give
us good advice.
I will bring back to headquarters great appreciation for
the expertise of the career staff at EPA and will turn to them
for good guidance and good input on the decisions we need to
make.
Senator Boozman. It seems you have had the ability to be
able to work with both sides of the aisle, to reach across and
get consensus. Tell us about that. What has been your secret in
doing that and are you committed to doing that in the future?
Ms. Dunn. Maybe what I have learned reflects a time when I
was at ECOS when we were in the middle of discussions about air
quality and climate. We had a bit of a debate between the
California EPA Secretary and the Texas Commissioner.
When I walked away from that, actually all of us listening
walked away, realizing that both people had very, very good
reasons for bringing the perspective they brought. The Texas
Commissioner talked about issues surrounding Texas and energy
that he was facing. The California Secretary had a different
perspective.
What you walk away with from something like that is
realizing that both perspectives are valid. If you immediately
discount one or the other, you are really losing the
opportunity to come up with an outcome that works for everyone.
By not validating or seeing as valid an opinion that might
differ from your own, I think you might run the risk of ending
the conversation prematurely.
Senator Boozman. I think that is well said. We do
appreciate the fact that you are willing to take on a big job.
This is very, very important.
Thank you, Mr. Chairman.
Ms. Dunn. Thank you.
Senator Barrasso. Senator Markey.
Senator Markey. Thank you, Mr. Chairman.
Ms. Dunn, I have a working relationship with you in the EPA
but it is a long way from Rockport to that seat.
Ms. Dunn. Yes, it is.
Senator Markey. A long way and a different environment in
this committee, and I would like to go through a few issues
with you.
I was the Ranking Member on the subcommittee with
jurisdiction as this bill went through in 2015 and 2016. There
were many things in the bill I wanted to make sure were
included, but one thing was I wanted the firefighters to be
happy. That goes to asbestos and formaldehyde.
I told them nothing would move and I would have to hold
until we got what the firefighters would guarantee me would
make them happy. It is in the bill. You need implementation.
I have repeatedly asked the EPA leadership, including
Pruitt and Administrator Wheeler, to release an EPA analysis
that indicates formaldehyde causes cancer. Administrator Pruitt
even admitted this analysis had been completed but it is
reportedly being suppressed by political staff.
Ms. Dunn, can you commit right now that you would release
this analysis in your first month as Assistant Administrator,
if confirmed? We need someone who is going to cut through
political censorship at the EPA, not compound it. Will you
release that report?
Ms. Dunn. Senator, I commit to you, if confirmed to this
position, immediately finding out the status of the
formaldehyde work, why it is not completed along the timeframe
that you had heard it should be, and to getting right back to
you and letting you know what timeframe it will be on.
Senator Markey. If it is completed, I expect it to get
released. I will just say that to you right now.
The office you are nominated to lead decided to create its
own method for evaluating scientific evidence. This method
significantly diverges from standard review practices. This
untested, unreliable system means, for example, that a recent
study revealing damaging impact to children's intelligence from
exposure to hazardous flame retardant might not be included in
reviews required by the Toxic Substance Control Act.
Will you commit to having the TSCA systematic review
process peer-reviewed by the experts at the National Academy of
Sciences?
Ms. Dunn. Senator, I have heard a lot about the systematic
review process that the office is currently implementing. It is
not something I have been fully briefed on but I will commit to
making it a top priority, if confirmed, and coming back to you
and letting you know exactly what we can do to address your
concerns.
Senator Markey. I want the National Academy of Sciences to
review it because I want to know what chemicals are affecting
the health of America's children. I want to know that the EPA
is using sound science to deal with it.
Will you commit to using the National Academy of Sciences
as a review back up?
Ms. Dunn. Senator, what I would like to do is learn why we
may not be using the Academy right now. I have worked with the
Academy before and they are an excellent entity. I will commit
to getting back to you on whether that is a possibility.
Senator Markey. Since 2011, the EPA has warned that the
toxic chemical trichloroethylene, TCE, causes cancer. The
Environmental Working Group estimates that TCE contaminates the
tap water of 14 million Americans.
This is one of the toxic substances found in Woburn,
Massachusetts. I was on the committee that wrote that bill in
1980, so a lot of that language was included in the original
Superfund bill because of Woburn and my ability to get the
language in. Woburn parents, like Anne Anderson, worked
tirelessly to expose the link between hazardous waste and high
rates of leukemia in their children.
The EPA, the Obama EPA, proposed to ban TCE in January
2017. In December 2017, the EPA, the Pruitt EPA, decided to
indefinitely postpone the ban on this deadly chemical. We do
not have time to waste. The victims of this toxic chemical
deserve a resolution and deserve justice.
Ms. Dunn, if confirmed, can you commit to not delaying this
ban any longer and finalize it immediately?
Ms. Dunn. Senator, Woburn was one of the first communities
I visited when going to New England. You and I talked about how
horribly the community was impacted by the presence of
chemicals in their environment. Ms. Anderson is really a local
hero. I understand the concern about exposures to these
chemicals.
If confirmed to this position, I commit to you to find out
where we are in the process of looking at the degreasing and
dry cleaning elements of this chemical and getting back to you
on a timeframe.
Senator Markey. Thirty years later, when I announced for
the U.S. Senate in 2013, I asked Anne Anderson to introduce me
as the candidate. That is how profoundly powerful that issue is
for me. Her son, Jimmy, died and it was avoidable. You know
Woburn and you know New England, so you know how important this
issue is.
Ms. Dunn. Yes, I do.
Senator Markey. How we have to resolve it.
I am going to throw in methylene chloride and N-
Methylpyrrolidine so that you also know that is on my list
because they have to be banned. They have no place in our
society.
I appreciate your work up in New England but the question
is you might take over the Toxic Office or you could be taken
over by the Toxic Office. That is going to be the challenge.
Thus far, I am completely unsatisfied with what has happened.
A lot of work has gone into putting together a very good
bill on a bipartisan basis with a consensus that we had to deal
with these chemicals. You are the one person who can finally
step up and tell the politicians in that agency to get out of
the way and let science rule, let safety rule, let children be
protected and firefighters be protected.
I thank you, Ms. Dunn, and thank you for your work with me
over the years.
Ms. Dunn. Thank you, Senator Markey.
Senator Markey. Thank you, Mr. Chairman.
Senator Barrasso. Thank you very much, Senator Markey.
I would note that the Center for Biological Diversity
supports Ms. Dunn's nomination. The director of the
organization's Environmental Health Program writes ``Ms. Dunn
is a consummate professional and, at EPA Region 1, has taken
her oath of office to uphold the laws and protect the
environment seriously.''
I ask unanimous consent to enter this letter into the
record. Without objection, it is entered.
[The referenced information follows:]
Senator Barrasso. Senator Booker.
Senator Booker. Thank you very much, Mr. Chairman.
Ms. Dunn, thank you so much for not only being here and
stepping forward to serve in this position, but for your
lifetime of service. It is so great to see a powerfully
prodigious posse of people with you today.
I want to especially say I am grateful to see your husband
here, who has one of the best haircuts in the room. It is nice
to see people who give bald guys a chance. The Chairman has an
offensive amount of hair for his age.
I would love to jump in and talk a bit about the Worker
Protection Standard, Ms. Dunn. I know you are familiar with the
Worker Protection Standard. It is the primary set of Federal
standards that protects over 2 million farm workers, including
half a million children, from the hazards of working with
pesticides. I met with farm workers in my State and I know this
is at the top of their concerns.
The EPA is now considering changes to the Worker Protection
Standard, including lowering the minimum age requirement that
prohibits children from handling dangerous pesticides if they
are under 18 years old. This protection was put in place
because pesticides can increase the risk of cancer and can
impact very seriously the development of children.
Ms. Dunn, if you are confirmed will you commit to
protecting the Worker Protection Standard and to withdraw any
proposals to roll it back?
Ms. Dunn. Senator Booker, thank you so much for bringing up
that question. In preparation for today, I talked with several
organizations that are advocates for worker protection groups.
I think we can all agree that workers should be safe in
their places of work. They should know that the chemicals they
are applying will not adversely impact their health.
Senator, I can commit to you, if confirmed to this
position, I will immediately find out the status of the
rulemakings, the work we are doing, and get back to you on
this. I think it is a very important issue.
Senator Booker. Thank you very much. It is very important
and very much on the minds of folks who are concerned about
their children. I appreciate that commitment at the very least.
PCBs in schools is another issue. If you are confirmed,
will you commit to finalizing the rule requiring the
replacement of light fixtures in schools and day care centers
that contain PCBs?
Ms. Dunn. Yes, Senator, it is like worker safety. Where our
children go to school should be a safe place. My understanding
is that the issue of PCBs, light fixtures and ballasts is
something, as a country, we should have taken care of some time
ago. The dust can adversely affect our children. They are most
sensitive populations.
I can commit to you, if confirmed to this position,
immediately finding out where we are in the status of the PCBs
and light fixtures in schools and working with your office to
see if we can accelerate that process so that our children can
be safe in school.
Senator Booker. Thank you so much.
We obviously heard a lot about the TSCA law today. Frank
Lautenberg was my predecessor in this position, a lion as you
know, before me. I am concerned again with implementation, as
others have already expressed in this hearing.
One area is the failure to consider all the sources of
exposure that people might have to toxic chemicals. In our
amended TSCA law, EPA was explicitly told by Congress to
examine the safety of all known uses of chemicals and the
combined impact of all exposures to a chemical when making a
determination about whether a chemical presents unreasonable
risk of harm.
The EPA's problem formulations have dramatically narrowed
the exposures the agency will consider when evaluating the
safety of the first ten TSCA chemicals. EPA is now saying it
will ignore known exposures that come from land, air and water
in deciding whether or not those first ten chemicals are safe.
Ms. Dunn, I know some of your past work has focused on
environmental justice. Living in Newark, New Jersey, I see the
awful, awful effects it has had on our children and others. I
just believe this is an environmental justice issue often
disproportionately impacting marginalized Americans, the poor,
Native Americans, and people of color.
Communities around our country that are disproportionately
harmed often see the brunt of the impact of our failure to act.
Often those are not the people who have lobbyists here or the
people who have high powered advocates. I am really concerned
that the EPA's decision to ignore known exposures from land,
air and water would really hurt communities like mine, where I
live, and affect them in a more harmful way.
I know your heart, and having Senator Whitehouse speak so
kindly of you encourages me a lot, but if confirmed, will you
commit to me that the EPA will follow the clear statutory
language of TSCA and comprehensively review the risk of
chemicals by including known releases of the chemicals into our
air, water and land that disproportionately affect those
marginalized communities I mentioned?
Ms. Dunn. Senator, I, with you, having taught environmental
justice at three law schools and published on it, I share your
passion.
Senator Booker. You did not teach at Rutgers Law School.
Ms. Dunn. I did not teach at Rutgers. I can only aspire to
teach at Rutgers Law School.
Senator Barrasso. You will be happy to be a visiting
professor.
Ms. Dunn. I absolutely hear what you are asking. In many
meetings I had with environmental organizations leading up to
today, I heard the concern about EPA's current approach to
looking at exposures.
What I can commit to you today is making that a top
priority. It is clearly an issue there is a lot of concern
around. I would like to get fully briefed by our team, if
confirmed, and then come back and work with your office, your
staff and others who have these concerns, and see if we can
reach resolution on this matter about which people feel very
strongly.
Senator Booker. Thank you very much.
Ms. Dunn. Thank you, Senator.
Senator Barrasso. Thank you.
Senator Carper, any final remarks?
Senator Carper. We will probably have some questions for
you for the record. I would appreciate your prompt response.
The point raised by Senator Whitehouse, the responsiveness
of EPA to our inquiries or oversight letters has been better
than it was but not good. Maybe you can set a good example for
your colleagues there.
I also have some questions for the record for your mother.
It is not what we normally do but since she has been a part of
this hearing, I just want to give her a heads up. We will not
put her under oath for any part of those responses.
Senator Barrasso. We will also allow her to submit
questions.
Ms. Dunn. She may have some for me and I am under oath,
right?
Senator Carper. On a more serious note, Mr. Chairman, I
want to ask unanimous consent to submit for the record several
reports discussing the Trump Administration's continued failure
to properly implement the bipartisan Toxic Substances Control
Act and failure to follow through on its duties to regulate
pesticides.
Senator Barrasso. Without objection.
[The referenced information follows:]
Senator Carper. Thank you, Mr. Chairman.
Senator Barrasso. Thank you.
I have a slew of letters of support for Ms. Dunn. You have
received many numbers of letters from enthusiastic supporters,
individuals and organizations from all across the political
spectrum. The Ranking Member and I would like to include these
letters in the record.
Without objection, they will be included.
[The referenced information follows:]
Senator Whitehouse. Mr. Chairman?
Senator Barrasso. Senator Whitehouse.
Senator Whitehouse. Mr. Chairman, late breaking news. Just
today, I received notice that EPA Region 1 has recognized four
projects for innovation in the region, one of them being the
Wellington Avenue, Newport, Rhode Island Combined Sewer
Overflow Innovation.
Thank you, Ms. Dunn, for that recognition. I guess that
just happened in the last 24 hours and was just brought to my
attention now. Congratulations, Newport, and thank you, Ms.
Dunn.
Ms. Dunn. You are very welcome, Senator.
Senator Carper. That causes me to share with all of you
that I have served the people of Delaware as their Treasurer,
Congressman and Senator. In all my years of service, 40 years
of service almost, I have one thing named after me. It is a
combined water-sewer overflow under the city of Wilmington.
Ms. Dunn. It does not get better than that, Senator.
Senator Barrasso. If there are no more questions for today,
members are going to be able to submit follow-up written
questions for the record by 5 p.m. today, if your mom is going
to do that. The nominee should respond to the questions by noon
on Monday, December 3rd.
I want to thank you for your time and testimony, for
bringing your friends and family, dog walker, friend from high
school, soccer mom, and the best hockey goalie in the eastern
United States. Everyone, we are so grateful.
This hearing is adjourned.
[Whereupon, at 11:43 a.m., the committee was adjourned.]
[Additional material submitted for the record follows.]
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