[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 ======================================================================= HEARING BEFORE THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION __________ NOVEMBER 29, 2018 __________ Printed for the use of the Committee on Environment and Public Works [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: http://www.govinfo.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 35-667 PDF WASHINGTON : 2019 ----------------------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free).E-mail, [email protected]. 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 ---------- 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 ---------- 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.] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]