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S. HRG. 107–3 NOMINATION OF CHRISTINE TODD WHITMAN HEARING BEFORETHE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS FIRST SESSION ON THE NOMINATION OF HON. CHRISTINE TODD WHITMAN TO BE ADMINISTRATOR, U.S. ENVIRONMENTAL PROTECTION AGENCY JANUARY 17, 2001 Printed for the use of the Committee on Environment and Public Works ( U.S. GOVERNMENT PRINTING OFFICE 69–822CC WASHINGTON : 2001 For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ONE HUNDRED SEVENTH CONGRESS, FIRST SESSION HARRY REID, Nevada, Chairman BOB SMITH, New Hampshire, Ranking Republican Member MAX BAUCUS, Montana JOHN W. WARNER, Virginia BOB GRAHAM, Florida JAMES M. INHOFE, Oklahoma JOSEPH I. LIEBERMAN, Connecticut CHRISTOPHER S. BOND, Missouri BARBARA BOXER, California GEORGE V. VOINOVICH, Ohio RON WYDEN, Oregon MICHAEL D. CRAPO, Idaho THOMAS R. CARPER, Delaware LINCOLN CHAFEE, Rhode Island HILLARY RODHAM CLINTON, New York ROBERT F. BENNETT, Utah JON S. CORZINE, New Jersey BEN NIGHTHORSE CAMPBELL, Colorado ERIC WASHBURN, Democratic Staff Director DAVE CONOVER, Republican Staff Director (II) (II) C O N T E N T S Page JANUARY 17, 2001 OPENING STATEMENTS Baucus, Hon. Max, U.S. Senator from the State of Montana .............................. 73 Bond, Hon. Christopher S., U.S. Senator from the State of Missouri ................. 25 Boxer, Hon. Barbara, U.S. Senator from the State of California ........................ 11 Carper, Hon. Thomas R., U.S. Senator from the State of Delaware ................... 15 Chafee, Hon. Lincoln, U.S. Senator from the State of Rhode Island .................. 17 Clinton, Hon. Hillary Rodham, U.S. Senator from the State of New York ........ 24 Graham, Hon. Bob, U.S. Senator from the State of Florida ................................ 28 Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma .................... 14 Lieberman, Hon. Joseph I., U.S. Senator from the State of Connecticut ........... 17 Reid, Hon. Harry, U.S. Senator from the State of Nevada .................................. 1 Smith, Hon. Bob, U.S. Senator from the State of New Hampshire..................... 3 Vonovich, Hon. George V., U.S. Senator from the State of Ohio ......................... 19 Warner, Hon. John W., U.S. Senator from the Commonwealth of Virginia ....... 4 WITNESSES Corzine, Hon. Jon S., U.S. Senator from the State of New Jersey ...................... 8 Prepared statement .......................................................................................... 73 Frelinghuysen, Hon. Rodney P., U.S. Representative from the State of New Jersey .................................................................................................................... 9 Prepared statement .......................................................................................... 75 Torricelli, Hon. Robert G., U.S. Senator from the State of New Jersey.............. 5 Prepared statement .......................................................................................... 74 Whitman, Hon. Christine Todd, Governor of of the State of New Jersey and nominee to be Administrator, U.S. Environmental Protection Agency .... 29 Biographical sketch .......................................................................................... 88 Committee questionnaire ................................................................................. 78 List, Accomplishments of Governor Whitman for the Environment ............ 155 Prepared statement .......................................................................................... 75 Responses to additional questions from: Senator Baucus.......................................................................................... 101 Senator Bennett ........................................................................................ 116 Senator Bond ............................................................................................. 107 Senator Boxer ............................................................................................ 102 Senator Carper .......................................................................................... 104 Senator Chafee .......................................................................................... 115 Senator Clinton ......................................................................................... 115 Senator Corzine ......................................................................................... 104 Senator Crapo ............................................................................................ 113 Senator Inhofe ........................................................................................... 105 Senator Lieberman .................................................................................... 101 Senator Reid .............................................................................................. 90 Senator Smith ............................................................................................ 99 Senator Voinovich ..................................................................................... 108 Responses to questions from Sierra Club...................................132–139, 141–152 ADDITIONAL MATERIAL Articles: Bush-Whitman Agenda Will Hurt Environment ........................................... 124 (iii) iv Page Articles—Continued Whitman Appointment Is Cause for Concern ................................................ 125 Letters: American Civil Rights Coalition...................................................................... 158 City of Hoboken, NJ, Mayor Anthony J. Russo ............................................. 163 City of Newark, NJ, Mayor Sharpe James..................................................... 158 Clean Ocean Action .......................................................................................... 154 National Association of Realtors ..................................................................... 157 New Jersey Institute of Technology ................................................................ 154 New Jersey Sierra Club and Audubon Society...........................................120, 128 Ogden, Maureen ............................................................................................... 156 Public Employees for Environmental Responsibility ..................................... 152 Several New Jersey State Senators ................................................................ 123 Memoranda, New Jersey environmental regulations........................................126, 127 Statements: Atlantic City Branch of the NAACP ............................................................... 159 Communications Workers of America Local 1033, Trenton, NJ................... 161 Gale Warnings, New Jersey Sierra Club ........................................................ 117 Whitman Sampler, New Jersey Sierra Club .................................................. 139 NOMINATION OF HON. CHRISTINE TODD WHITMAN WEDNESDAY, JANUARY 17, 2001 U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, Washington, DC. The committee met, pursuant to notice, at 9:30 a.m. in room 406, Dirksen Senate Building, Hon. Bob Smith (chairman of the committee) presiding. Present: Senators Smith, Warner, Inhofe, Bond, Voinovich, Chafee, Graham, Lieberman, Boxer, Carper, Clinton and Corzine. Senator SMITH. Good morning, everyone. I have the distinction and the pleasure of presenting this gavel to the chairman of the Environment and Public Works Committee. I would just say I have a tracking device on this and it looks like it’s going to bounce back here in 3 or 4 days but I’m pleased and honored to present you this gavel and look forward to working with you in both capacities over the next few years. OPENING STATEMENT OF HON. HARRY REID, U.S. SENATOR FROM THE STATE OF NEVADA Senator REID. (assuming the chair). Senator Smith, thank you very much. Bob Smith and I have worked very closely together for many years in capacities we would rather not have worked. We were the lead Democrat and lead Republican on the Ethics Committee for a number of years where we worked to try to bring peace and quiet to the Senate. We also worked together on the MIA/POW Select Committee. I want to welcome President-elect Bush’s nominee for Adminis- trator of the Environmental Protection Agency. I want to do this with kind of an outline of what we are going to do here. I’m going to give a brief statement; Senator Smith will give a statement. We are going to then have Governor Whitman in- troduced by Senators Torricelli and Corzine and Representative Frelinghuysen. After that, we will have statements from members of the committee. After that, the reason we are all here is to see how well Governor Whitman responds to all these questions. We look forward to this hearing. As you can see, there is tremen- dous interest—this is a very important position for our country. I want to welcome your family. I had the pleasure this morning, Governor Whitman, of meeting your husband. It’s obvious that ev- (1) 2 erything that has been indicated about how supportive he has been of you and you of him is certainly valid from our conversation. I can’t begin this hearing without saying how great it is sitting here as chairman of this committee for a couple more days. This is a committee that I’ve served on since I came to Washington as a member of the U.S. Senate. It is with fond memory that I reflect back on the days of Chairmen Stafford, Burdick, Moynihan, Chafee, Reid and the great work of Senator Baucus. The record should reflect that my short tenure has nothing to do with my ability. I’m really happy to have my first hearing as chairman of this committee to be the consideration of the nominee for the head of the Environmental Protection Agency. This agency has great responsibility. My reason for being on this committee are multitudinal but I was born and raised in a little community in southern Nevada and one of the things we did once in a while was go to a place about 30 miles from Searchlight called Paiute Springs. It was truly an oasis in the desert. It was in this very dark desert that out of the side of a mountain gushed a spring, a place that was so interesting that there was an Army fort there to protect the mail in the 1860’s. It had things I’d never seen before—water lilies, cattails, things that didn’t grow in Searchlight. During my childhood I went there probably eight or nine times. It was hard to get there—it was a dirt road—but after I married and got my education, I always told my wife about what a great place this was. She, recognizing what was in Searchlight, I don’t think believed me. After I got out of school and settled down a bit, I took my wife to Paiute Springs. What a disappointment. Over the years, it had been ruined. The fort was torn down, it was just an absolute mess. The places where you could throw a rock down this canyon and the birds would take off and it sounded like an airplane taking off, they were gone and it was really a mess from people that had trashed this natural treasure. So, Governor Whitman, always think if Paiute Springs in your job because we need the environment protected and there is no better example of that than near the place of my birth, Paiute Springs. The EPA has had a great record over the years of improving the quality of our air and our water. I want to also welcome Senator Carper. We have two other new members—Senator Corzine who we will hear from in a minute and of course, Senator Clinton, new members on the democratic side. We welcome you. Senator Carper, you and I came to Washington together in 1982 with Senator Boxer, who is quiet and whom we rarely hear from, but she was in our class. I always say about our service on the For- eign Affairs Committee, it was like going to school and not having to take the test. During the last 8 years under the Clinton Administration, I think we have made some significant progress. The recent diesel sulfur rule, for example, will greatly improve air quality. Governor Whitman, if confirmed, I am confident you will be committed to taking us forward in environmental protection and not roll back 3 the important gains we have made. I hope the hearing does nothing to discourage my vision of the EPA that’s directed and guided by Governor Whitman. As leader of the State of New Jersey for 7 years, you have many advocates for you based on how well you have done your job as Governor. We have letters and they will be placed in the record at a subsequent time, but conversely, there are some who have ex- pressed concern. This information has been supplied to us—the good and not so good—and we will have you answer either orally or in writing. This committee, on confirmation, doesn’t allow separate panels as in some other committees unless something extraordinary is de- veloped by this hearing or the work of our investigative staff. You have had a distinguished career as Governor of the State of New Jersey and I am pleased you are willing to take on the chal- lenge of protecting both the health of our citizens and our environment, two things that are interchangeable. It is also my hope that we can work closely together, not only on national environmental issues, but from a very parochial perspec- tive in problems unique to the State of Nevada as well as unique to the West. There are a number of members of the committee from my part of the country. We have big States, not many people but still have many, many environmental problems that are not all rural in nature. Many are urban in nature as we discussed when you came to my office. I know you’ve visited the West, I know you know how beautiful it is and how important it is to protect the resources we have. I do hope as soon as you get your feet on the ground and do some traveling around the country, that you’ll come to Nevada, and ac- cept my invitation to not only see the beauty but some of the challenges we face. I look forward to hearing from you. We will now hear from my colleague, Senator Bob Smith of New Hampshire. OPENING STATEMENT OF HON. BOB SMITH, U.S. SENATOR FROM THE STATE OF NEW HAMPSHIRE Senator SMITH. Thank you, Mr. Chairman. Good morning, Governor. Chairman Reid, I want to thank you and your staff for the cour- tesies you have extended in the last several weeks. We have worked well together, as you indicated, on other committees, specifically Ethics and POW/MIA. I also would like to welcome back into the fold Senator Lieberman. I can’t tell you how good it is to see you back here. Senator LIEBERMAN. I am warmed by your welcome. Senator SMITH. I also would like to welcome Senator Campbell, who is not here yet. There still is one possible addition to the committee on our side. Certainly, Senator Carper, Senator Corzine and Senator Clinton, welcome and we’re glad to have you on the committee. We’ve had a lot of bipartisan results in the last few months since I’ve been the chairman and I think we will continue to do that in 4 the future because with a 50–50 Senate, unless it’s bipartisan, ob- viously we are not going to pass very much. Again, Governor, a warm welcome to you. Perhaps there is some irony in the fact that a guy born in Trenton, New Jersey gets a chance to be both the Ranking Member and the chairman during your confirmation hearings. I think that’s kind of nice. My grand- father’s family was Elderidges and they were the Elderidge Park and all that area around Trenton which I’m sure the two Senators are also familiar with. I look forward to hearing from you not only today but often after you take the reins at EPA. Since you’ve served your State well, we will focus specifically on your environmental record. It has been a top priority for you. During 7 years as Governor, more open spaces and farmland has been preserved than in the previous 32 years. So that’s a tribute to you. With the establishment of the Garden State Preservation Fund and providing tax incentives for land and conservation donations, your conservation legacy will continue long after you leave. Of par- ticular interest to me is shoreline protection. As one who for many years as a young guy at Seaside Heights and Long Beach Island, I remember not too man years ago when we heard the stories of the hypodermic needles and syringes and in a bipartisan way, many of you have been involved in that cleanup which is certainly appreciated by many of my family who still live in New Jersey. You’ve also made great strides in the redevelopment of brownfields which will be a top priority of this committee this year. We look forward to working with you on that. I also appreciate the ideas that you put forth in terms of looking at these environmental problems in a holistic manner, an entire ecosystem, an entire river, looking at all the sources of pollution as opposed to end-of-pipe regulation without really any end to it. We will work together on that. The air, water and land are cleaner in New Jersey because of your efforts and I congratulate you. I know you’ll bring that same type of enthusiasm and results to the EPA. I would ask unanimous consent that my statement with more de- tail regarding Governor Whitman be inserted in the record. Senator REID. Without objection. Senator SMITH. I’ll stop there, Mr. Chairman, and look forward to moving forward with the witnesses. Senator REID. If I could have everyone’s indulgence, Senator Warner is going to have to conduct a hearing regarding General Powell in just a few minutes and he has asked to be able to say a few words at this time. Senator Warner? OPENING STATEMENT OF HON. JOHN W. WARNER, U.S. SENATOR FROM THE COMMONWEALTH OF VIRGINIA Senator WARNER. Thank you very much and thank you, Senator Smith. I join in welcoming our distinguished nominee. I commend the President and most of all, I commend you for your willingness, together with that of your family, to continue in public service. Mr. Chairman, we welcome your chairmanship here today. I remember when you were chairman of a subcommittee and you and 5 I dealt together. I was ranking on the subcommittee and I know your record for fairness and thoroughness. If I may say just one word and that is balance. I’ve served on this committee for many years now and it is the balance between the 50 States and the Federal Government. Our environmental laws, in large part, are in place because pollution knows no bounds, for example. Air transits many States. Water originates in one and flows through many States. Therefore, it is essential we have a framework of the Federal laws that cross the State boundaries and affect all States. We have got to remember that the States are very proud of their own environmental programs. You bring to this office the experience of a chief executive of a very important State, one that has complex environmental problems and you have worked through many of those with great expertise. Now the other 49 States will be looking to you to have that same leadership as they struggle to do their very best with regard to the environment. In conclusion, one of the main problems you are going to have is the Department of Defense which I’m not sure but has a reputa- tion of being a very significant polluter. I have a small hand in that responsibility here in the Senate as chairman of the Senate Armed Services Committee. I want to work with you, I want to make greater strides with the Department. I know the Secretary of Defense-designee very well. We’ve been together in public life together for many, many years. I know in his heart is the desire to have that department’s image and that department’s record improved. I’m going to hold up here an agreement between the Department of Defense, the Commonwealth of Virginia, and the Environmental Protection Agency, the first in history. It was just executed. It reads as follows: ‘‘The pollution prevention partnership between the Commonwealth of Virginia and the U.S. Department of Defense shall be a State/Federal partnership that exists to identify opportu- nities, develop solutions and promote success in pollution prevention. The partnership will help enhance the pollution prevention missions of participants, conserve resources and improve the quality of Virginia’s environment.’’ I comment that to you. I hope you can have many more like it. I thank the Chair, the Ranking Member and my colleagues. I have the privilege of introducing Colin Powell in a few minutes before the Senate Foreign Relations Committee. Senator REID. We are now going to hear an introduction of Gov- ernor Whitman from Senators Torricelli and Corzine and Rep- resentative Frelinghuysen. Senator Torricelli? STATEMENT OF HON. ROBERT G. TORRICELLI, A UNITED STATES SENATOR FROM THE STATE OF NEW JERSEY Senator TORRICELLI. Thank you, Mr. Chairman. Before Senator Warner leaves, I also want to extend thanks on behalf of all my colleagues. Last year, Senator Warner provided leadership on an issue that was very important to the people of southern New Jersey. That was a generation-long fight to have the 6 battleship New Jersey returned to our shores. Senator Warner sin- gularly is responsible for that judgment. For that, we are very grateful. I also want to say in keeping with your comments about military facilities, indeed, Senator Warner, we have several that have environmental problems and more than that, the ocean terminal in the harbor of New York and New Jersey with enormous economic po- tential which also has environmental difficulties and your leadership in that is equally appreciated. Mr. Chairman, I’d like to congratulate your on your rein as chairman of the committee and predict that in the long environmental history of this Nation, in these 48 hours, you will be the only chairman probably to serve without any serious environmental controversy or degradation. For that, you are to be congratulated. I would congratulate the members of the committee on their re- turn and our two neighbors from New Jersey, the Governor of Delaware, who now serves on this committee and so ably will rep- resent the southern shores of New Jersey; and Senator Clinton who will serve with distinction representing those areas to the east of Jersey City and Newark. [Laughter.] Senator TORRICELLI. Mr. Chairman and Senator Smith, I can only imagine pride that Christine Todd Whitman, her husband, John, and children, Kate and Taylor must feel at this new stage of what has been a brilliant career of public service. It is a great honor for me to introduce to you the Governor of the State of New Jersey, Christine Todd Whitman, the President-elect’s designate for the Environmental Protection Agency. During her years as Governor, we have waged many fights together on important issues from her leadership in preserving open space to the ending of ocean dumping, so vital to preserve both our economy and the environment, critical not only to our State, but as Senator Warner has pointed out, to the beaches that range all the way from Virginia to Delaware and New York. President Bush has made a very wise selection. The EPA and the country will be getting an Administrator who is qualified, tested and ready to tackle the challenges that lie ahead for this agency. With this nominee, there will be absolutely no learning curve. There are few training grounds that could better prepare someone for this position that the Governorship of New Jersey. As chief executive of our State, Governor Whitman has had the managerial and administrative experience of running an agency as large as the EPA but more importantly, no State has had a better sampling of the issues facing the incoming Administrator of the EPA than New Jersey. With 127 miles of shoreline, Governor Whit- man has dealt extensively with issues of clean water and nonpoint source pollution. She knows firsthand the threats to the economy and the environment from ocean dumping. Indeed, Governor Whitman has increased funding for beach cleanups and under her administration, beach closings have dropped from 800 in 1989 when many families in our State were denied the simple pleasure of an afternoon at the shore with their children, to just 11 in 1999.