After months of trying to find the date for the hearing the committee at the end of last week the committee learned mr. Pruitt was being summoned to meet with his boss, the president , for 90 minutes around lunch. Rather than agreeing to start the whole process over and or the hearing earlier, we have and to have a defined end time or push the entire their Late Afternoon start time or find another date, we have come to an agreement which we understand is not ideal but gives members maximum flexibility to question the administrator. We will proceed ive opening statements, the administrators testimony and members questions until 11 00 a. M. Well recess at that time and reconvene at 2 00 p. M. In 2322 which is upstairs. We expect the administrator will stave with us until Committee Members who are present or want to ask questions have been begin their turn to ask questions. I will also note that theres going to be a Voting Period in this last block and well try with then of my colleagues to keep the hearing going through that vote series. If done it before years ago. Its juggling but well try to get that done. Administrator put, thank you for joining us today and discussing issues, the environment subcommittee has jurisdiction over. Note whether moat by, the clear, the super fund act, the solid waste supposal, the Safe Water Drinking act and the bonuses control act. We began an effort to tackle updating and reauthorizing a number of these laws and have been waiting for the opportunity for and you someone from your teague be sheer the can discuss the administrators administrations position on these important changes to the laws and how epa implemented them. We are also task evidence with the oversight of the programs and look forward to start conducting oversight hearings soon. Today we would like to start dialogue with you about your vision and priorities for the epa. You noticed at the outset of your tenurure going bat to refolking the epa, return pair to the states and create an environmenty jobs can go and your agenda focused on environment, protecting the environment, economy, sensible regulations and engagement. Engaging with state and local partners. You also stated that epa would, and i quote, operate with the statutes that Congress Passes and not reimagining authority to pick winners and luigsers. That sounds like youre head in the right direction, we support analyzing regular alaer to barriers to demeanor whether they create burdens or impede job creation and want to work with you to make sure the epa develops regulations that protect the environment and promote growth and create jobs. You said it best in the statement you made when your connected off your back to the basics agent this agent this year. We can and will achieve a clean care and clean water and have strong Economic Growth and job creation at the same time. We have some specifics areas of focus that we would like to discuss today, and continue to work on with you and your staff as we go forward. The first is Super Fund Cleanup. You have indicate that Super Fund Cleanup is a priority of the agency and several cleanup efforts have been, and i quote, restored to the rightful place at the center of the agencys core mission. You also noted that you intend to figure out ways to cut through bureaucratic red tape that has slowed the cleanup and epa is creating a lest of the top ten sites the agency can aggressively address. We want to work with you on these efforts and Work Together to figure out what congress can do to help make Super Fund Clean crews more efficient. The next issues are the toxic substances control exact the Safe Drinking Water act. Last year the committee was responsible for overhauling the act and are interested in the appropriate and timely implementation of the rules that are the outgrowth of the new law. We also look forward to work with the agencies we have reauthorized funding and make improvement friday the law to improve compliance with the act. Last, the Clean Air Act. Members engaged on several air issue lies think Clean Power Plan this, zone standards which has created obstacles to new Instruction Development and manufacture, we also want to look into addressing the challenges relating to obtaining permits for new construction and expansion of the existing facilities under epas new source review program. Administerror pruitt think lock and short is we have an agenda packed with activities and need the pennsylvania to be engaged participants that work with us as we move forward and need to be assured the agency will sented witnesses for hearings and we will work with you to figure out where Congress Needs to act to help you accomplish your mission. The agencys goals are providing leg aer to certain regulatory certainty, and restoring confidence to regulate entities across the country. Thank you for coming up here and we look forward to continuing this conversation in the new year. And with that, i will yield back my time and town to my friend from new york, mr. Tom gold for five minutes. Thank you, mr. Chair, and thank you, administrator president. Thank you for being here this morning. I fully expected that you, mr. Administrator, as a proud oklahoman, would have been here sooner. Rhodeall right. In all serious. Mr. Administrator, i hope this is the first of many appearances, regular appearances, before our energy and commerce commitee. Your predecessors came before the committee frequently and can tell you that it wasnt because they liked being berate every other five minutes for a few hours. It was because the understood they had a responsibility to be accountable to congress. So i expect moving forward you will provide administration witnesses, responses to letters and Technical Assistance quickly, when we ask. I know many members have serious concerned about the direction of the epa in the past year, which is why there is so much interest in todays hearing. Members will raise questions about how you have chosen to be a steward of taxpayer funds. Who has had access to you . And the growing influence of industry at the agency. Members will also question the role back of a number of safeguards put into place to protect human health. In july the New York Times published an article, and i quote, counseled by industry, not staff, epa chef is off to a blazing start, which reported more than 30 environmental rules being delayed or undone. And often these Public Health safeguards are being undone with little or no legal scientific justification. I thursday aworthy noting that historically the majority of epa rules have withstood legal challenges including challenged bed by youing a oklahomas attorney general. Epas decision shoots be guided by sound science, not corporate interests, and these concerns touch every office under your charge. Clean water, air quality, contaminated land, chemical safety, pesticides to name a few. In my view rules are being undone capriciously with little regard to human impacts or signs that went into developing them. In fact many states or industries were partners when the rules were developed. Frankly, i believe epa has all the signs of an agency captured by industry. It shouldnt need to be trait on the new york state exchange, or need an invite to a private steak dish at a terrorism hoe actual to get an audience with the epa administrator. Im concern about Agency Actions on climate change. The Fourth National climate signs special report, thorough, comprehensive report, by the federal government, has reaffirmed what the Scientific Community has long known. Climate change is real, Prime Minister marrily caused by human activity and a serious threat to our people and economy. Despise speight the scientific consensus, epa is rolling back rules at the behest of interest interests to address Greenhouse Gas eking my, backed my science and include imeconomic impact studies. One example in a trend of dismissing the role of science at epa. The scientific integrate of the agency must be protected. Instead we have witnessed the proposed elimination of Research Funding and eroding of technical and scientific capacity. The dismissal of qualified members of the Scientific Advisory board, the removal of information from epas web site, and the censorship of agency scientist us from participating in Public Events are incredibly coupling if want to recognize the work by epa career employees. They joined the agency to protect human health and the environment, and are to be commanded for their hard work in this difficult environment. As the work force is reduced, as the advice of the experts ising snored as morale at the agency decreases, i know that there will be an inclination to pursue other career opportunities. Our country cannot afford to lose the institutional acknowledge at an agency as important of the agency. I want to thank epa employees, know your work is appreciated by members here and beneficial to americans across the country. Back to basics does not mean starving the agency of resources and personnel that it needs to do its job. I does not mean giving lip service to protecting cleaner air and water and rolling back dozens of essential rules. Epas success has been about making steady progress and epa has proven to be a Resilient Agency but we have witnessed a number of alarming decisions and i hope well get better to information to understand those decisions. We welcome you before this committee. Thank you, and i yield back, mr. Chair. Chair now recognizes mr. Waldman from oregon. Were delight of the have you here. This is your first oversight hearing on the hill and were delighted that we could have you here to tell us what is going on at the epa to take our questions and hear what we have to say. Im obviously disappointed the president called you out in between but i appreciate the fact youll be here this morning and come back this afternoon and continue to participate in this process. With this, im going to yield briefly to my friend from oklahoma who would like to formally introduce you to the committee. With that ill yield 30 seconds to mr. Mullen from oklahoma. Thank you, chairman waldman and shimkus for allowing me to participate. I i had the great privilege of introducing scott pruitt. I want to thank mr. Pruitt for making himself available for todays hearing. Administrator pruitt and his team has worked tirelessly to bring the epa back to its core mission, protecting the environment in common sense ways with input from states, local government and tribes, an approach is which abreath of fresh air. Nobody wants to take care of our backyards more than us and our states. Thats why i want to thank mr. Pruitt for doing what is right by having the input of those with interests there. Mr. Pruitt, thank you for coming here today, thank you for making the whole state proud. I appreciate you and i yield back to chairman walden. I thank they for his introduction of the witness. Administrator pruitt this committee is charged by the house of representative with legislative and oversight responsibilities for the bulk of the statutes the epa issues. We are an authorizing committee and its been ten months since wowor sworn in as administrator, an agency that turned 47 on monday. Would like to continue with what hopefully will be a continuing conversation about the agency you oversee, your vision and what challenges you face. Im particularly intrigued by your back to basics concepts and your state end intent to return the epa from the freewheeling administrative pursuits to mission of protecting air, soil and water and doing so according to dictates of congress. I hope this view of governing will guide your epa. Rather than efforts to endrun congress and the federal register or on the courthouse steps. I also want to discuss the goals youre staying for the programs at epa and the metrics you subpoenaed to use to measure progress and i want to know that you have a plan to address staffing issues identified by the agencies Inspector General for over the last two decades a 20yearold problem youre inheriting but one i think we both take seriously. So we appreciate your commitment to Budget Transparency as we want to make sure the public knows how each law is being immetted and how the money is being spent. I expect back to basics is not an abdication of Environmental Protection but rather a rededication of mastering epas missions, clean water, clean air. This is the primary mission overnear. While these jobs may sound mundane, as any football fan will appreciate, they are like the essential blocking and tackling techniques so we appreciate that. I want to thank you and your tame for attention to the Super Fund Cleanup in be portland harbor. This is not in himy district but it in my state and what happens at the port of portland has an impact on all oregonians. You brought a fresh and welcome approach. You have proven this administration wants to actually clean up the environmental mess and do the work in a common sense manner in close working partnership with local stakeholders to paraphase on old song, you can do it there, you can do it anywhere. Thank you for you being here and your collaborative work on the Super Fund Cleanup. We have more achieve and most people affected by it, including the port and city and everybody else, saying thank you. Now we feel like we have hope and a chance to get this doneright. Yield back the balance of my time. Chair now recognizes thank you, mr. Chairman. Ive served in Congress Alongside both democratic and republican administrations and in my experience the lack of transparency and cooperation from this administration is completely unprecedented. Environmental Protection Agency under administeryear pruitt has consistently failed to respond to congressional oversight requests and a new instances win we have received responses theyre perfunctory at best. Epa has refused to testify at legislative and oversight hearings and has refused to respond to basic requests for Technical Assistance on legislation that has mothed or is moving through the committee. Even today after finally agreeing to appear before his authorizing committee, some ten months into into his term, administrator pruitt is planning to leave after only one hour and this not the way any agency is supposed to interact with the authorizing committee. I hope that this infrastructure is not only felt by Committee Democrats and hope to see change from both the epa and the overall trump administration. This lack of transiency apply not just to congress but also the press, and can the epa career staff. The stores paint a bleak picture. While well know the administration has wasted more than 58,000 of taxpayer money on private jets and noncommercial flights, mr. Pruitts schedule has been largely kept secret, and this week a major newspaper had to sewell the agency for access to this important public record. Meanwhile, epa career staff have been excluded from meetings when they do participate theyre apparently blocked from bringing phones and even pen and paper with them. administrator pruitt has used 25,000 of fun to build a secret phone booth in his office and further isolate himself from his staff and any and all scrutiny. Why haul the second decree . I one has to wonder. Administrator pruitt has languaged an unprecedented assault on independent science, purging Academic Sciences and replacing. The with industry employees. At the same time he has ignored the advice and conclusions of his own scientific staff. Todays hearing is supposedly about the mission of the epa. Accord ago the epa itself the Agency Mission is to protect human health and the environment, and no one cares more about that mission than epas career staff. Is norring the staff, undermining the staff and cutting the start out of decisions amounts to undermining that mission. Administer forout has been on a press tour proclaiming his vision of what the epas mission means and what it means to ben an environmentalist. His words ring hallow because his options have consistently undermine protections for human health and the environment. I have only five minutes, mr. Chairman, so i cant list all the actions the administration has taken. Thed aor has taken out of protections from Public Health and for vulnerable populations, including workers, children, and native american tribes, but 2009 give a few examples. First, pulling out of the paris agreement. Second, pulling back the Clean Power Plan. Third, rolling back protections from toxic air pollutants including mercury, and methane and something, and handing implex addition of the tox jim chell crawls over to industry lobby u. S. Its delaying and undermining the Risk ManagementPlanning Program that should protect workers and communities, and finally, reversion course on super Fund Financial assurance requirements, putting more butter on taxpayers and lets on politers. Polluter, its no wonder the administer is working hard to hide his options. The American People deserve honesty from the epa and white house and perhaps todays hearing will be the beginning of a new more transparent era. To his credit administrator pruitt reached tout me in advance over the here and requested a immediate which we had but if the administrator wants to improve his relationship with the members of the committee exsteps he needs to take are clear. Provide the document wes requested and will request, and needs to provide substantive answers to oversight questions and make himself and other epa staff available as witnesses routinely and if the administrator wants to earn the trust of the mesh people exhe needs to sock the secrecy and his war on sometime and reverse the systemic role back of publication halve production. It is the mission of the epa to protect the American Public and environment and not attack it. Yield back. Now we turn to our guest, we would like to welcome and thank our distinguished witness, u. S. Epa administrator scott pruitt, for being here today. You have an opportunity to give an opening statement, followed bay round of questions from members. We appreciate you being here, and youre recognized for five minutes. Chairman, Ranking Members. Other mike not had the chance to meet, i look forward to the discussion today. It was year ago today that the president announced my nomination to the Environmental Protection agency. Thus began the process of the confirmation process which culminated in mode february and began serving in that time frame as well. Its been a very, very consequential and i think exciting ten minutes ive been at the epa. We have focused of efforten on three core principles. Rule of law would take center as we make decisions around the responsibilities that it have as merchandiser, my job is to administer the statutes that you have passed as congress toad vans the objectives in those statutes. From the Clean Air Act, clear water act, a host of federal statutes. And rule of law matters because as we act and adopt regulation, if we act untethered to a statute it creates uncertainty in marketplace and those with expectations dont now how oh conduct themselves. So rule is of law is not economic or legal. Ill impacts howl we do our job. I tried to emphasize process. Process matters as well. Its this body that has required federal agencies to go through the apa to adopt rule make, rules opportunity with comments, and informed discussions that take place over a period of time where a proposed rule takes place, comment occurs, we respond to that comment on the record and then finalize our decisions based upon the comments provided. One example. During the rule in 2015 over a million commits were submitted to the agency the definition was deeped. The Agency Responded to each of those to make a decision. The same needs to take place today and we have incorporated changes at the agency to respect process to make sure that citizens concerns across the country are heard and we respond on the record to those expenses thirdly, some of you mentioned this, it is a commitment to federal jim. Federalism is something you have put into statutes. Prescribed authority states across the country because when we Work Together with states, to achieve bert outcomes of air and water quality, it serves the citizen of your respective states, and i will say to you, two days after being worn in i had 18 to 20 governors in my office on a sunday. Democrats and republicans. Governor dayton of minnesota to governor herbert of and put we talked about air quality and wear quality and super fanned and began a journey that started in february and i visit almost 30 states since that time, visiting governors and questions to advance issue of the states. And the reason thats important is because the issues in utah, the second dryest state in the country are different than the water issues in minnesota and must work with partners to achieve batter outcomes and thats a focus along with issues of process and rule of law. This dialogue is important. I met with many of you on issues that impact states. These are very difficult issue wes handle at the agency. I seek to engage in civil discourse with you, seek to have a thoughtful discussion about how to advance the on advertise of what possessed in the statutes and i do hope that we can begin a good discussion Going Forward in 2018 on these issues and look forward to questions today. Thank you, mr. Chairman. The gentleman yields back. The full statement of the administrator is placed into the record. And then id like to recognize myself for five minutes to start the round of questions. Again, thank you for being here. At a recent oversight subcommitteing here the epa office of Inspector General and the government conditionable office testified that epa cannot ensure it has the right people in the right places with the right skills and competency to accomplish the mission. If the epa offerses would probably achieve better results if they knew more precisely what the requirements and are what kind of people it needs to address them. In addition, epa has not conducted a work flow analysis in over 20 years. It seems to me that a back to basics agent for your agency must include this time of analysis to make sure the agency is operating optimally. Can you assure me you intend to perform this work force analysis . Yes. We are actually engaged in that process now. Theres a gentleman named henry darwyn, the ceo at the agency; we are actually partnering with toyota to begin a lean process of the agency to evaluate management processes. The agency for many yearses hat now met it outcomes consistently. We are actually creating a dashboard of monitoring and air quality and water call, sun fund remediation, across the full spectrum of our responds to measure progress weekly and month and thats being incorporated into the Program Offices at the epa and into the regions crosscountry, and thats been very challenging. We have ten regions across the country, from San Francisco to atlanta, chicago, boston, and there is a great deal of inconsistency with respect to permitting, compliance and and assistance, enforcement and how to administer the statutes, and we need a more coordinated process to ensure we dont have different approaches in region eight in denver versus region three in philadelphia. That process is ongoing, mr. Chairman, a very important process, and i think a performance based, metric based approach to these Program Offices that were engaged in is so appropriate but a is empowers employees. You have mentioned the career staff at the agency. As we have engaged in our super fund focus, ive had career employees say, thank you for awakening areas that have been dormant and are thankful for the measurement and met met tricks are important. Thats personality to me. One reason why i care so much about the work force issue is the implementation of the toxic substance control act. Particularly when it comes to new chemicals. Thing a ad has needed to to address a sizable backlog you. Clean identity the backlog but as soon as the borrowed epa workers go back to their regular jobs, backlogs will become the norm of the operation. What assurances can you give me the new chemical applications will stay on schedule for the future. We had many dish want and commend congress nor work updating tasca. That was a very important thing for your office. There were deadlines you put in that constitute, as an example, rules supposed to come out by june of this year. I made a commitment during the confirmation process to immediate those deadlines and we did. Those rules. The other area you site, measure chairman, was the backlog. The changes you made in statute require that before chemicals enter the flow of commerce, our agency had to affirm or approve those chemicals and there was a backlog of roughly 700 chemicals at the office before we arrived, and we did actually clear that backlog out by jewel by dedicating resources there a commitment to do that timely. Were adopt rowells now to eye sure the process i defined so folks know whats expect. Let me cut down my last question to a simple question on we talked about west lake. This is parochial, and. Are you on track to issue the record of decision and can you give us a sense of timing . Yes, we are, mr. Chairman. Were we should be able to announce a decision in the month of january. Theres proposals eye looking at to make a decision on west lake. Its become been a long time coming, specifically 27 years, important issue for the people of st. Louis. 8,000 tons of uranium with 38,000 tons of solid waste. Disover a very large area, buried 80 feet deep and its taken the agency 27 years where to excavate or cap the site. Thats unacceptable and the decision is coming in january. Welcome, administrator, during your confirmation hearing you said that you, and i quote, have no first hand knowledge, closed quote, of the epas scientific integrate policy but did commit to reviewing the policy and following now that you have had some time at the agency, have you reviewed the epa scientific inning at the teated grille policy. Yes have confirmed to scientists and political pointee. Matter of priority to sure we have scientific review urules that irobjective and transwarrant and a commitment were enforcing at the agency. An essential component is conflict of interests. Have crew required recuse sals when conflicts of interests occur. Absolutely. We have done that and will do. Thats one area miss characterizes bid the Advisory Boards thank you, sir, only have five minutes. I have been very concerned by changes to epa Science Advisory Board themern cozy are shared by the Scientific Community. Are in chair i would like to enter this letter signed by over 1,000 scientists into the record as well as the letter from the American Geophysical ewan which represents more than 60,000 scientists. Im sure he will. Let me make sure my staff sees it. Thank you. Administrator pruitt, you believe scientist are special Interest Group . Im sure i i dont understand the question. Well, are they a fundamental contribution to the agency or seen as a when we engage in rulemaking at the agency we bailed record, and scientists at the agency, whether chemical shop, the air program, its important that be hear from our scientists throughout the agency and also the Advisory Committees and build record and thats a point are emphasis absolutely. Do you believe scientist that receive epa grant money are less qualified to give Technical Advice to epa than states or industry which may also have a financial relationship with the agency . I believe that these Advisory Committees, as you know them, are independent Advisory Committees to the agency. To equip us in making informed decisions about the efficacy of rules we adopt and these Advisory Committees its may i finish. Just answer the question, though, too. I am. Okay. These Advisory Committees had scientists serving in an independent capacity, 20 of them, made up three of the committees that received 77 million from the agency in grants. That causes a perception or an appearance of a lance of independence, and we went to those scientists and advised them day couldson sending on the Advisory Committee order received the grant but could not do both to ensure the independence of the counsel they were providing to us. Administrator, can you provide specific examples of a time when an epa grant recipient on an Advisory Committee provided conflicted advice. I can say to you as a grantee, we the grantor, Ranking Member and we have an ongoing obligation to oversea tee grants and that creates an appearance of a lack of independence and that was dressed with the policy we instituted. We have examples of scientists who received grants that were substantial and called into question the independence and we addressed that. Host does it make sense to ignore the advice of the very scientists that epa determined are worthiest of grand opportunitying. Were not in fact. We simply said to those individuals they can continue receiving the grants and advising the agency and the counseling roll or receive they grants and continue provide thing authority granted to them to provide substance to the agency Going Forward. Would just hope they would be seen as a reliable source. Epas action head led many people to conclude that epas current Political Leadership has been dismissing the role of science in its decisionmaking. Appears that independent agency scientist recommendations are being ignored for the benefit industry. It happens with with the Clean Power Plant and appears to be happening with tasca. Scientific data are even being removed from epas web site. This is incredibly concerning. Will you commit to making science tick information, including information about climate change, prominently available on epas web site . Science is essential to our program and review of the pollutants and essential walt we make decisions on super fund sights and reviewing merchandised. It will will re reviewing pesticide and it is central and core could what were doing presentedly. Gentlemans time expired. Chairman recognizes thank you for coming back latest this afternoon when the president concludes his meeting with you. To the point on super fund site, that was declared in two 17 years later they have record of decision. One concern from folks involved in that is that there isnt the personnel in the portland area im sorry to hear there isnt the personnel in the portland area to implement the program. A lot of anymore seattle. Just draw that to your attention. Theyre concern about that. And urge that you dedicate adequate resources to the portland site so they can get going and i know youre very committed to that whole cleanup operation. One of the other issues that has come up is the Clean Air Act has the exceptional events exception process. We have had all those wildfires, horrible wildfires again in california. We had them in the northwest. Its been subject of some of our hearings here about how that process works today, the amount of time, money, it takes to go through it to get an exception. What can you do ensure more timely Cost Effective epa process on exceptional event determinations . Theres actually quite a bit of work, mr. Chairman, with respect to ozone and exceptional events going onment bill warrum is our only confirmed aa at this opinion for air. Bill is leading a task force review of those nsr but also the issues around background ozone in addition to exceptional events. We need to provide clarity in that area so that we know how the rules will be enforced Going Forward. This clarity athletes presently and that is a focus of the agency presently going into 2018. Wed like to work with you on that. Its important to a number of members on the committeement how many confirmations are you still waiting for staff . How many too you have conformed people in place and how many are you waiting for. We have one. So one what. One confirm besides you. Thats correct. How many would be pending. Well, we have deputy general counsel, all the program ofs, cfo, several that need be confirmed and hopefully that will occur soon. Epa air admissions data show how air pollutants have been decreasing in the United States over time. Since 1990 Carbon Monoxide concentrations down 7 , lead down 99 , ozone down 22 , coarse par tick plat matter down 39 , fine particulate matter down 37, sulphur dioxide down 81 . What roll has hydraulic trafficking played in increasing air emissions. Many dont know were a pretty 1994 levels today with respect to co2 footprint. We have reduced levels from 20 to 02014 with 20 largely through innovation and technology and achieved a lot through mobile sources for reduction o co2 that with respect to situation snaer soreses soreses soreses and other forms, but you do highlight something that i want to say. We didnt celebrate progress we made as a country. Re have reduced the pollutanted bit over 65 . Thats good and we need to celebrate some thats because of the action you have taken and the action wes. The at the epa and because thief action taken bibi the private taken by the private sector. We have much work to be done. 40 of the country live in areas that dont meet air quality standards, 120 million people. We need to focus on that and its important metric were measuring at the Agency Weapon do need to celebrate the progress we have made through innovation, technology in a very, very important way. Thank you, sir. In addition, our committee has submitted at least five letters to your Agency Seeking records and documentses. The past administration was very difficult to get responses to many of our requests. We appreciate the fact that we received more than a thousand pages of documents on Grant Management issues. I also want to say we appreciate the numerous bipartisan briefings you provided especially in light of the hurricanes that took place. We do appreciate that. And so know that when we send a letter, we want a response and want you to hear it from both sites that we expect all the agencies to respond to our requests so we can do our oversight work and with that, mr. Chairman, i would yield back. The minoritys request for the letters will be accepted into he record without objection. With that, chair now recognizes the Ranking Member from new jersey for five minutes. Thank you, mr. Chairman. I wanted to talk to you, mr. Administrator, about tasca. Unfortunately under your leadership, i think epa is retreating from the important task of tasca in regular late toxic chemicals. The framework rules for implementer addition published in june are not consistent with the law in very dangerous and worrisome ways and i think this is because nancy beck, former lobbyist for the chemical industry, was allowed to completely rewrite the rules in flagrant violation of ethics rules and i have written to you twice recording nancy becks involvement in the rulemaking rulemaking but have not got an response. To let me ask you a few questions and just answerey or. No did you ask nancy beck to recuse herself from the framework rulemaking . Nancy beck, like every just yes or no. Ranking member i need to an your de. U upwant yes or no before prow proceed with the answer. Nancy beck went through the edge rights dirk jew did not recuse her. Let me mr. You didnt recuse her. That is something we lets be respectful and let let people answer. I understand that but lapse answer shortly and concisely so the Ranking Member we had career employees at the epa mr. Chairman, he refuses to answer at the question. Obviously has not recused her. So i want to move on. I asked you for copies of all of nancy becks ethics agreements and waivers. Will you provide those to the community . Absolutely. Thank you. The framework rules have already been completed and sent to various internal epa offices for concurrence before dr. Beck start ted agency. We understand that they were completely rewritten after she started at epa by her. I asked you for a document tracking the changes she made to the rules. Will you provide that know committeeey or no. Well provide the requested n conversation thank you, id like to questionly focus on one specific chell cal undergoing review. I didnt hear. Im like to quickly focus on one specific chemical undergoing review right now and that is asbestos. Unfortunately your epas work on asbestos in my opinion, clearly illustrates the problem inside how youre implement thing act. Epa is required to look at the intended conditioned of use for a chemical to find as the conditions under which a chemical is manufactured, processed, distributed, used and disposed of but in the scoping document for the asbestos Risk Assessment your india announced you will look only at manufacturing, processing and distribution, and you will not include the use you will completely ignore asbestos being used and disposed of. Let me explain. The use and disposal of asbestos is the main sores of source of risk from asbestos. I you ignore those youll produce a risk a assessment that fails to come capture the wilkes to workers workers and not scientifically valid or protective of Public Health. My question is this do you think you can just ignore certain things that are inconvenient for the industry . Youre saying, well, well look at the manufacturing process, distribution, burt wont be looking at how its used and disposed of in this country. You understand what im asking. Absolutely. You raise a very valid concern. I had conversation about this very issue with the chemical office. I think you raise a very, very meaningful concern. So hopefully well see action on looking at the use and disposal. , that . Very important factor we need to consider and something i have already raised with the office overseeing this. I appreciate that. Thank you, mr. Pruitt. The other concern i have is that now that brazil has banned asbestos mining, all of the asbestos that will continue to flow into the United States will come from russia, because brazil has banned it. So, again, my concern is that the epas basically protecting russian mining at the expense, i think, of american workers, by not by saying that asbestos is going to continue to flow into the country but it cant come anymore from brazil would you just respond that, the fact that right now, russian mining is the only source for it . I think that this factor that hasnt been considered up until this point is something well do Going Forward. I im not familiar with the import issue you raised. If there is an impact we can have, i look forward a discussion on. That i meant to blow what role we play. I appreciate again your willingness to look at that, mr. Administrator. I think the primary issue is what you raised earlier which this disposal issue is involved its valid. Can i ask unanimous consent to put a letter into the record from Linda Ryan Stein from the abc disease and Awareness Organization and the Healthy Families coalition. Without ox so ordered. The chair now recognize the former chairman of the full committee, mr. Barton. Thank you. I want to give Ranking Member torcha aplus for the line of the day so far, his sooner comment. That was very good. Excellent. At the very beginning of the Obama Administration, there had been a Supreme Court case, madd versus epa, that said the Clean Air Act amends didnt specifically say that the co2 was or was not a pollutant there are might be found be a pollutant. As soon as president obama came into offers he asked the epa for a findings document. This findings document was rushed through very quickly within about, i want to say, 60 days, and sprinkles sprinkles said that surprise, surprise this, found that co2 was a lieutenant tenant. A career an nist at the pennsylvania took kings and wrote a scathing report that ripped it apart. That analyst was discouraged from bringing his report forward and ultimately forced to retire. Are you aware of that finding document and if so, do you have any plans to revisit it . Will, i am aware of the mass very epa. There whereas work done in 2008 by the Bush Administration that was left to the Obama Administration and you are correct, cockman, that the congressman, that the work done in 2009 was accelerated by the agency. In fact something done in 2009 that in my estimation has never been done since and not before that event where they took work from the u. N. Ipcc and transported it to the agency and accommodated that as the cor to the findings. There was a breach of process that occurred in 2009 that many believe was not handled the proper way, but the epa decision and the processes involved that involved both the bush anded Obama Administration that was short shrifted. I encourage you visit the finding document and get the report this career analyst put forward. Its fairly not fairly its very damning on what they found. My second question, i have been told that you plan in some point in time to set up a Red Team Blue team review of pending regulations where you have scientists basically engaging in internal debate, pro the regulation, con the he can layings so you get a balanced Scientific Understanding of the pending regulation. Do you plan to use a red team but Team Approach and if so thats an young ongoing review internally and something i hope to do and announce sometime beginning part of next year. That would be a process focused upon an anothertive, transparent, realtime review of questions and answers around this issue of co2. One thief most important things we can do for the American People is provide that type of discussion because it hasnt happened at the agency, is a indicated the agency borrow the work product of a third party and we need to ensure that discussion occurs and that it occurs in a way that the American People know that objective transparent review is taking place. So, that Red Team Blue team concept is jacques as far as evaluation and may be be able to get there by january of next year. Give. Commend you on that. Under the Obama Administration, epa became more than just an enforcement agency. It more and more began to intervene in the policy arena, in many cases going further than at least those of us on the republican side felt they should go. Do you believe that before you set a standard, you absolutely ought to check with the department of energy and the federal Energy Regulatory commission so you get a balanced analysis of what is going on and do you feel that as we take a look at the reauthorization of your agency and the department of energy, that it might be necessary to try to rebalance that equation between the Energy Policy arena and the Environmental Enforcement arena . Well, is a indicated in my opening comments, its important as we do our work at the agency after that we only do what Congress Permits and authorizes us to do. The challenges of the last several years, it was mentioned in some of the opening commented about the Clean Power Plan. Unprecedented for the u. S. Supreme court enter a stay against a Clean Power Plan and as you know you dont get a stay of enenforcement on a rule unless theres a likely success on the merits. So there was an understanding the extend taken by the previous administration, Building Blocks one, two three, four, reimaginative authority that took place that caused a lot of confusion what was authorized and what wasnt. Thats not the proper way to approach these issues and were addressing that at the agency and ensuring we hue to rule of law to make sure theres confidence in the rule wes adopt. My time expired. Thank you for your answers. Announcement for my colleague. Were going to congressman reeves who will have the last five minute block of questions before weed a lou the administrator get downtown and then ill make an announcement about getting back promptly at 2 00. So with that, chair now recognize the gentleman from california me, reeves forks five minutes. Welcome to the committee, im dr. Raul ruiz and i want to talk about part part cal pollution. It can be deadly at low consent traits, hundreds of study found that these microscopic particles can reach the deepest regions of the lungs and actually enter me blood stream. Exposure to fine particles is soed with premature death, asthma attacks, chronic bronchitis, decreaseed lung function respiratoriy disease. As an emergency medical physician at the inland impair, the highest particle offed pollution exhave first hand the impact of exposure to fine particles and its not nice, not a pleasant experten to treat kidded with asthma because of a bad air particle pollution day. There is no level of fine particle pollution exposure below which no harm occurs. Including premature death. So administrator pruitt, do you agree the final particle pollution is a nonthreshold pollutant. Yes and that particular matter under the program, we can engage in a cost benefit analysis. Its all about health and a very Important Role that we play. Thank you. Administer pruitt were you aware that the Bush Administration used the health benefited associated with reducing this nonthreshold pollutant to just their 20003 clear skies legislation cofor i be senator inhave . Im familiar with the legislation. Didnt know about the cosponsoring aspect. They did and the Bush Administration relied on those same Health Benefits for the Economic Analysis for the 2004 tier four rule to control diesel engineses. Yes. They relied on that. Isnt sent true the bush epa agreed there nor safe thresholds for fine particle produce lee rated Health Effects including premature death in the 2005 clear air interstate rule. You stated it well. The reason we conformed assistant administrator for rare and aidation, mr. William, played a key role in developing the rules temperature the Bush Administration and andrew wheeler, the nominee to be the deputy administrator, handled the clear skies bill when he worked for senator inhofe. Are they wrong about fine part cal pollution have nothing safe level . Wrong about what . That theres no safe level for particle pollution . I dont think they were wrong. I dont i stated they were ongoing. You agree. Im not entirely sure what your question is, bill warham has done a fine job, and i agree with your position, its so despite the wellstealed scientific reality you proposed repeal of the Clean Power Plan, epa assumes for the fir time that there are safe levels of deadly fine particle pollution. Thats a concern of mine. Did you rely on any new peer rehave id scientific studies to reverse the position on fine particle police. No, we did not base that upon our withdrawal is based upon the jurisdictionallal issue offices the Clean Air Act and all have to have is a reason basis to withdrawal thats the point of the power plan obviously a point of difference in we did not base our withdrawal of the Clean Power Plan upon the issues you cite. Okay. So, i do think that the mission of the epa is was charged by the people to protect the health and the environment of the American People so that everybody regardless of socioeconomic status can enjoy a healthy environment and live their lives to the full Health Potential and this Clean Power Plan was part of that mission to make sure that we protect the environment so therefore we can protect the peoples health. And there is no reliance on any scientific studies whether they were per reviewed or nonpeer reviewed as yao just admit inside withdrew this, this was your interpretation of the jurisdictional matter of the epa which we have we beg to differ because were here to protect the American Peoples health. Do you believe therefore that it was appropriate for reverse the epas positions on the deadly novembers fine particle pollution . There is the assumption here that now the epa is saying theres a threshold for that to happen. We did not reverse it, congressman. Were going to be introducing a replacement rule two before my time is expired. You time just expired but be quick. Let me commit this unanimous consent to place this 2012 letter from epa to chairman upton into the record, please. Again, well look it and im sure well do it. Thank you. The gentlemans time has expired. I want to remind all my members that purr student my announcement at the start of the hearing we are recessing now so mr. Pruitt can attend a meeting with the president at the white house. Mr. Pruitt will be returning to the committee to answer member questions. Well reconvene at 2320 Rayburn House Office building. At 2 00 p. M. Sharp, and stay as long its takes for every member who is present and wants to and questions to be given their turn to ask questions. For our guests in the dally, your seat here does not guarantee you seat when we resume the hearing. Seats will be al located first tom exit served at 1 45. Into shoo you wish to join the proceedings in 2322 and its a smaller hearing room, you will need to be in line outside of 2322, and i apologize for the inconvenience and thityee stand inside resist. Travel expenses and views on climate change. This is two hours. I want to thank my colleagues were coming back as quickly as we could and asked the staff to get the center doors closed and other members staff, someone . The subcommittee will come to order. When we recess it was mr. Mckinleys turn to be recognized. With that, i want to recognize the gentleman from West Virginia private. Thank you, mr. Chairman. Thank you administering her for participating in this. Over the years we have asked your predecessor