Hearings to examine the nominations of Ho Nieh, of Alabama, to be a Member of the Nuclear Regulatory Commission, and Douglas Troutman, of Maryland, to be Assistant Administrator for Toxic Substances of the Environmental Protection Agency.

Committee on Environment and Public Works

2025-10-08

Source: Congress.gov

Summary

This meeting concerns the confirmation hearings for Ho Nieh, nominated to the Nuclear Regulatory Commission (NRC), and Douglas Troutman, nominated to lead the EPA's Office of Chemical Safety and Pollution Prevention (OCSPP)[ 00:19:38-00:19:51 ] . The discussion covers the nominees' qualifications, the critical roles of their respective agencies, and significant challenges each agency faces, including concerns about independence, efficiency, and public safety standards[ 00:20:02-00:20:07 ] [ 00:21:15-00:21:27 ]

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Themes

Nuclear Regulatory Commission (NRC) Nominee: Ho Nieh's Qualifications and the Agency's Challenges

Ho Nieh is praised for his extensive background, including 23 years at the NRC in various leadership roles such as resident inspector and director of the Office of Nuclear Reactor Regulation (NRR), as well as international nuclear experience[ 00:20:27-00:21:02 ] . During his time at NRR, he worked to streamline licensing processes and foster a culture that enables nuclear technology while upholding safety. Senators express strong concerns regarding political interference, including the alleged unlawful firing of a previous commissioner, DOE infiltration, staff attrition, and potential "loyalty tests" in hiring. Mr. Nieh commits to upholding the NRC's independent safety mission, ensuring decisions are made with technical input, and prioritizing the development of a competent workforce. He also highlights the importance of reasserting America's leadership in nuclear energy through a robust civilian program and regulatory processes that are both timely and safe.

EPA Office of Chemical Safety and Pollution Prevention (OCSPP) Nominee: Douglas Troutman and Chemical Regulation

Douglas Troutman is recognized for his 18 years of leadership at the American Cleaning Institute, bringing legal and government affairs experience to the role[ 00:21:38-00:21:50 ]

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. Concerns are raised about the OCSPP's "well-documented problems," including excessive regulatory burdens that hinder new, safer chemical innovations and significant backlogs in the chemical review process[ 00:21:27-00:22:16 ]

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. Senator Whitehouse criticizes Mr. Troutman's industry ties and stock holdings in companies he would regulate, suggesting a potential conflict of interest. Senators Padilla and Merkley question his commitment to addressing disproportionate health risks in "overburdened communities" near chemical facilities and regulating harmful substances like microplastics and PFAS. Mr. Troutman commits to following statutory requirements, using the best available science, and ensuring robust reviews while recognizing the need to accelerate reviews and support American innovation and global competitiveness[ 00:40:21-00:40:39 ]

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[ 01:38:49 ]

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Impact of Government Shutdown

Senator Alsobrooks highlights the impact of the ongoing government shutdown, noting that 1,837 NRC employees have been furloughed, causing the agency to operate at reduced capacity and potentially exacerbating regulatory backlogs. Senator Padilla also expresses frustration, emphasizing that the shutdown jeopardizes Americans' healthcare, jobs, and services, and calls for urgent negotiations to resolve the situation.

Tone of the Meeting

The meeting maintains a formal yet often contentious tone[ 00:19:31 ] . While there is bipartisan acknowledgment of the nominees' qualifications for their roles, particularly Mr. Nieh for the NRC, significant opposition and pointed criticisms emerge from Democratic senators regarding the independence of the NRC and the EPA's commitment to public and environmental safety[ 00:24:20 ]

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. The nominees generally maintain a professional and measured demeanor, repeatedly affirming their commitment to safety, statutory compliance, and following the science. The session concludes with the chair defending the nominees and criticizing past chemical review processes.

Participants

Transcript

S
Shelley Moore Capito
helps you keep things straight.   Thank you.
Good morning to all of you and thank you for all being here today.  Today we will receive testimony from Ho Ni, who is nominated to serve on the Nuclear Regulatory Commission for the remainder of the term expiring June 2029, and Douglas Troutman, who is the nominee to lead the EPA as Office of Chemical Safety and Pollution Prevention.  I welcome both qualified nominees and I'll support their swift confirmation.   First, we'll hear from Honi.  Strong, unified leadership at the NRC will help provide the necessary confidence in the industry and the public that we need to build more nuclear safely and quickly and to meet our energy needs.  A slate full of five commissioners who are all aligned with ambitiously implementing the Bipartisan Advance Act and Executive Order 14-300 will provide that confidence.  The Commission and the NRC staff   Working on these efforts must carry out reform initiatives without losing sight of the agency's core licensing responsibility and safety mission, and deliver updated regulations that are durable and thoughtful.  Mr. Nee's diverse and unique background provides him with the necessary experience to strike that balance on the commission.  He worked in many different roles at the NRC, including as a resident inspector, a division director, a chief of staff, or a commissioner, and ultimately as the office director   for the most consequential NRC office, the Office of Nuclear Reactor Regulation.  In addition, he's had two stints at international nuclear organizations, the International Atomic Energy Organization and OECD's Nuclear Energy Agency.  Mr. Nee has also led a large nuclear utilities regulatory affairs program.  Most recently, he was detailed to the Institute of Nuclear Power Operations, the nuclear industry's own safety watchdog.   Today, we will consider the nomination of Doug Troutman to serve as Assistant Administrator for the EPA's Office of Chemical Safety and Pollution Prevention.
This office is central to how our country regulates chemicals, protects public health, and sustains American competitiveness and critical industries.  If confirmed, he will inherit an office with well-documented problems and high stakes for the country in successfully addressing them.   Mr. Troutman brings 18 years of progressively more senior leadership at the American Cleaning Institute, having concurrently both led their legal and government affairs teams for more than a decade, also serving as the interim co-CEO during the final nine months of his tenure.  I'm confident that Mr. Troutman's legal and regulatory experience has prepared him for this role.  The current chemical safety system buries new, often safer innovations under years of scrutiny and restrictions.   That is the opposite of what Congress intended in the bipartisan 2016 TSCA amendments.  Instead of a balanced science-based approach, the system today assumes the worst of every product while leaving legacy chemicals largely untouched.  As we work to improve TSCA, the committee has received feedback on what works and what needs to be fixed.  We have repeatedly heard that customers now prefer older chemicals over new ones saddled with restrictions.   greener or safer alternate chemicals are abandoned due to excessive regulatory burdens.  This doesn't make sense to me.  We have heard that EPA imposed restrictions that create major business impacts, such as shelving products, delaying investments, and moving projects overseas.  The economic impacts of this status quo are clear, and the environmental costs are especially troubling.  For one large company, even when its customers tried to purchase safer chemicals,   Restrictions could be so unworkable that compliance is unfeasible.  For example, the EPA set a discharge limit for one chemical so low that the only way to comply was to incinerate wastewater.  We're literally forcing companies to burn water to bring safer chemicals to market, an absurd backwards outcome.
The GAO and the EPA's Inspector General both concluded that the EPA's dysfunctional implementation of TSCA   is not really a resource problem, it is a combined issues of leadership, management and culture.  I look forward to hearing from both nominees on how we can efficiently support innovation and improvements for environmental safety.  I will now turn to our ranking member for his opening statement and then I will turn to Senator Britt to introduce one of our candidates.
Thank you.  Let me welcome Senator Britt also and let me thank you Madam Chair and welcome both of our witnesses.   Mr. Nia, I appreciate very much your willingness to return to public service, to an agency where you have devoted nearly 20 years of your career.  But be warned, this is not the same agency you left four years ago.  Over the past nine months, institutional and technical knowledge have been gutted.   Dozens of senior managers and staffers have left or been pushed out.  The administration's hiring freeze has left the NRC unable to backfill positions.  At the same time, there's a rush to roll back agency safety protocols and carry out organizational restructure.  Unqualified doggy, my term, staffers   have moved into offices at NRC headquarters to, quote, make recommendations and, quote, consult with the agency.  Despite calls for less political interference and a return to independence, more doggy members keep appearing at the NRC.  Yet another, number eight, arrived at the NRC last month.

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