Hearing of the Senate Committee on Environment and Public Works - Nominations

CHAIRED BY: SENATOR BARBARA BOXER (D-CA)

WITNESSES: MATHY STANISLAUS, NOMINATED TO BE ASSISTANT ADMINISTRATOR FOR SOLID WASTE AND EMERGENCY RESPONSE, ENVIRONMENTAL PROTECTION AGENCY; CYNTHIA GILES, NOMINATED TO BE ASSISTANT ADMINISTRATOR FOR ENFORCEMENT AND COMPLIANCE ASSURANCE, ENVIRONMENTAL PROTECTION AGENCY; MICHELLE DEPASS, NOMINATED TO BE ASSISTANT ADMINISTRATOR FOR INTERNATIONAL AFFAIRS, ENVIRONMENTAL PROTECTION AGENCY

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SEN. BOXER: (Off mike.) The Environment and Public Works Committee will consider three nominees for assistant administrative positions at the EPA. The three offices administered by these positions are central to the agency's mission to protect the public health and to protect the environment.

Mathy Stanislaus has been nominated to be assistant administrator for the EPA's Office of Solid Waste and Emergency Response, which protects our families and communities from dangerous toxic waste, including Superfund sites; the nation's most heavily contaminated toxic waste sites are the Superfund sites. Mr. Stanislaus holds degrees in engineering and law and he has more than 20 years of experience helping to ensure that toxic waste cleanups are done.

One in four people live within four miles of a Superfund site, including 10 million of our children. During the Bush administration, the pace of cleanups declined by 50 percent compared to the Clinton administration -- from about 80 cleanups per year to less than 40. The nation also has a cleanup backlog of more than 100,000 leaking underground storage tanks which can threaten drinking water supplies.

The GAO found that it could take $12 billion in public funds to clean up these tanks. Cleaning up these sites not only protects public health and safety but provides jobs and helps to revitalize local communities. I look forward to hearing more about how Mr. Stanislaus will work to address these critical issues.

Michelle DePass is the nominee to be EPA assistant administrator for international affairs. Her experience includes working as environmental compliance manager in my home state for San Jose, California, and is a senior policy adviser at the New Jersey Department of Environmental Protection. Most recently, she's worked as a program officer at the Ford Foundation.

EPA's Office of International Affairs works with other countries to address common threats to public health. In my state, which shares a border with Mexico, we worry about toxic waste sites and we worry about insufficient water treatment facilities and other environmental issues which pose health threats, and we know about the health threat facing us today in a different area.

International shipping also threatens the health of people in California's port communities, an issue that I'm glad to see Administrator Jackson is taking steps to address. We live in a world where solutions to serious health and environmental problems demand international cooperation and I look forward to hearing from Ms. Giles (sic) about how she will approach these -- why did we say Ms. Giles? That's wrong.

I look forward to hearing from Michelle DePass -- wrong -- (laughter) -- on how she's going to face these critical issues.

Cynthia Giles now is nominated to be assistant administrator for EPA's Office of Enforcement and Compliance Assistance. She has more than 30 years of experience in environmental law as assistant U.S. attorney in Philadelphia from 1985 to 1990 and then at EPA's Region 3, the New England Interstate Water Pollution Control Commission, and the Massachusetts Department of Environment Protection. Since '05, she's been vice president and director of the Advocacy Center for the Conservation Law Foundation in Rhode Island.

The Office of Enforcement and Compliance Assistance is the safety net that backs up all of EPA's efforts to clean up the environment and protect public health -- not only helps facilities comply with safeguards, it also holds polluters accountable when they violate the safeguards that threaten public health. The new assistant administrator for enforcement and compliance has a lot of work to do to restore the confidence inside the agency and among the public.

I want to say to each of you congratulations on these nominations. You have the opportunity to rebuild the agency's ability to safeguard communities, revitalize our economy and restore the public's faith in the EPA, and we are fortunate to have such a strong group of nominees, and I really look forward to hearing about your plans to address these challenges.

And with that, I call on the ranking member, Senator Inhofe.

SEN. JAMES M. INHOFE (R-OK): Well, thank you, Madame Chairman. You started on time -- hmm. All right.

SEN. BOXER: We do try.

SEN. INHOFE: Well, I know, I know.

First of all, I've had the honor of visiting with each of these nominees and I see one problem and that is that everyone's from the same area of the country.

Now, you may like that, Senate Whitehouse, but it wouldn't hurt to have a little diversity. I mentioned this when each one of you was in my office, and I really believe that you're going to be looking at things from a perspective that is not all locked into the far Northeast.

The EPA is grappling with policy decisions that could have serious impacts on rural America and though it will not have a voice in the current Obama EPA, I hope the nominees will assure me today that they will bring balance to their decision making, specifically by reaching out to rural communities and to seek their import.

In fact, it'd be kind of a good idea maybe for each one of you, in your opening statements, to address that. I know that you've answered to my satisfaction in my office, but I think it's something that probably has not gone unnoticed.

I want to repeat a simple principle that I've been advocating my entire political career: We need to balance the environmental protection with concern over how decisions affect the economy and the people who run this great machine called America. Achieving this balance as well as broadening the agency's geographical focus in decision making will be essential in promoting our economic recovery.

And Madame Chairman, I'm looking forward to hearing from each of the nominees.

Thank you.

SEN. BOXER: Thank you so much, Senator.

Senator Klobuchar.

SEN. AMY KLOBUCHAR (D-MN): Thank you very much, Madame Chair.

And thank you to the nominees. It's great to see you all here. And I just want to say in listening to Senator Inhofe here, I found actually in our state that you can join this idea of environmental protection and furthering the economy.

I was just sitting there listening and thinking of two examples in our state -- one when I was a prosecutor, like you, Ms. Giles. We did a lot with enforcing the rules in our county, not necessarily legal criminal actions but making sure that we were cleaning up brownfields and some of the waste sites and we were able to then have some very successful businesses that started on those sites.

Second example I'd give you that's more rural -- and I know you've been hearing from all of us the importance to look at the entire country -- and that is that the state of Minnesota spends $50 million a year, or our visitors do, on worms and bait for fishing. And I use that as an example because keeping our waters clean in Minnesota actually promotes our economy because we have people visiting that want to fish and hunt in our state. And so we see this clear connection between having a cleaned up environment and furthering our economy in our state.

A few other things just to think about, as Senator Inhofe was mentioning some of the issues across the country, our state is one of the cleanest and leanest states. We have the second highest recycling rate of any state in the country and we recently created the first e- waste recycling law in the country, which is worth looking at. This just passed in 2007 and it requires all manufacturers of video monitors to register to the state and to facilitate the collection and recycling of consumer products.

The law ensures that televisions and computer monitors, which may contain hazardous yet valuable materials, stay out of our landfills and instead are safely reprocessed. With nearly 200 recycling sites statewide, over 33 million pounds of waste has been collected since the enactment of our laws and the numbers have exceeded expectations.

As I said, we see this as a way to compete internationally. We have one of the most aggressive mercury cleanup and mercury bans in the country in our state, bipartisan with a Republican governor signing that into law, and we've seen these issues in our state in a more bipartisan way, which I think has been very helpful.

So just a few things to think about as you go through your hearing. Again, I want to congratulate you and look forward to working with you as a member of this committee. Thank you.

SEN. BOXER: Thank you.

Senator Whitehouse?

SEN. SHELDON WHITEHOUSE (D-RI): Thank you, Chairman Boxer. Thank you for holding this important hearing today to consider the nomination of these three very well-qualified individuals to fill key positions over at EPA.

Madame Chair, I'm especially pleased to introduce today Ms. Cynthia Giles, who is from my home state of Rhode Island, as the assistant administrator nominee for -- as the nominee for assistant administrator for enforcement and compliance assurance.

And the ranking member, Senator Inhofe, may see a phalanx from the far Northeast here, but from Rhode Island we don't often get presidential nominees. We are a small state. (Laughter.)

So I am just very, very pleased and proud, and I want to recognize in the audience her husband, Professor Carl Bogus, from the very renowned Roger Williams University School of Law in Rhode Island.

So this is a happy day for us here in Rhode Island. I've known and worked with Cynthia for many years and I have seen firsthand her leadership in the Ocean State on many critical environmental issues, including clean energy and climate change, water pollution and water resource management, and state environmental agency performance.

Over many years she's repeatedly proven herself to be a vigorous, successful and politically savvy advocate for the public good and she will undoubtedly be an outstanding member of the president's environmental team. Her broad experience and success in protecting human health, the environment and effective environmental enforcement is evident.

She spearheaded efforts in Rhode Island leading to the successful passage and implementation of RGGI, the Regional Greenhouse Gas Initiative -- a regional cap and trade program aimed at reducing greenhouse gas emissions from electric-generating facilities -- by the way, with strong support from the electric-generating industry.

Additionally, with her leadership Rhode Island adopted the California or, as we call it, the Rhode Island greenhouse gas emission standard for cars and successfully defended these rules in federal court last year.

These are just a few of many examples demonstrating Cynthia's willingness to create, implement and enforce much-needed environmental change and to facilitate cooperation between EPA and state and local governments and communities.

She's actively involved in the Rhode Island community, teaching as an adjunct professor of environmental law at the Roger Williams University School of Law in Bristol, Rhode Island, serving as a director of the Rhode Island chapter of the Conservation Law Foundation, and chairing the Rhode Island chapter of the Sierra Club. She's demonstrated strong and effective commitment to education, community outreach and collaboration to develop environmental policies that work.

She's also previously served within the EPA at the Region 3 office in Philadelphia, Pennsylvania, helping EPA enforce federal laws and assisting Region 3 states to implement those laws and regulations. Prior to that, she served in the office I hold dear -- that of an assistant United States attorney, also in Pennsylvania, focusing again on environmental enforcement activities.

She's a graduate of Cornell University, holds a law degree from the University of California at Berkeley and a master's in public policy from the Harvard University Kennedy School of Government.

Cynthia's career has been a clear testament to her desire to use her abilities for the greater good. She possesses a strong sense of purpose, strength of character, and the utmost integrity. She's eminently qualified for this position and I'm delighted to support her.

I'd add in closing that enforcement, fair and reliable, supports America's business community in adhering to environmental requirements and protecting those who play by the rules from those who seek unfair competitive advantage by cheating on the environmental laws that Congress has established.

I look forward to working with her through her nomination and I look forward to seeing her be an active, fair and sensible enforcement voice for the Environmental Protection Agency.

Thank you very much, Madame Chair.

SEN. BOXER: Well, you couldn't have made a stronger case, so thank you for that.

And I ask unanimous consent the statement from Senator Schumer on behalf of Ms. DePass and Mr. Stanislaus be submitted for the record. Without objection, so ordered.

So now we're going to turn to our three nominees and we'll start with Mr. Stanislaus, who's nominated to be assistant administrator for solid waste and emergency response at the EPA.

Welcome.

MR. STANISLAUS: Thank you, Madame Chairman.

Please allow me to first express my gratitude to Chairman Boxer and Ranking Member Inhofe for holding this hearing, to all members of the committee for their thoughtful statements and for those of you who took the time to meet with me over the past few weeks.

If I may, Madame Chairman, I would like to introduce my wife -- (name inaudible) -- and my parents, who immigrated to this country to provide the very kind of opportunity that I'm being presented with here today.

SEN. BOXER: We'd love them to stand so we can -- very nice to see you all. (Laughter.) Thank you for being here.

MR. STANISLAUS: And of course, I don't want to forget and recognize my mother-in-law, who's also --

SEN. BOXER: Oh, no. (Laughter.)

Hi. Special welcome.

MR. STANISLAUS: -- as well as my sister, brother-in-law and friends who have taken the time to come out to support me and experience this experience with me.

I also want to especially recognize two of the young people who promised to come out and support me and write school reports -- my niece, Faith, and Kelsey.

SEN. BOXER: Well, would you stand up, girls? It's very nice to see you. There they are. Thank you for being here.

MR. STANISLAUS: I am deeply honored that President Obama has nominated me for the position of United States Environmental Protection Agency assistant administrator for the Office of Solid Waste and Emergency Response. If confirmed, it would be a privilege to work with and for Administrator Lisa Jackson to protect human health and the environment.

President Obama and Administrator Jackson have affirmed two core values for EPA to uphold during this administration: scientific integrity and the rule of law. As both an environmental lawyer and a chemical engineer, I understand, like President Obama and Administrator Jackson, believe that science and the law must be the foundation for sound environmental decisions. I pledge to uphold to this commitment.

The president's commitment to the rule of law is a hallmark of a principled regulatory agency. EPA needs to exercise its policy discretion in good faith and in keeping with congressional and court directives. I respect this committee for its diligent efforts to hold EPA to the rule of law, and I pledge to uphold this principle every day if I am confirmed.

I started my career as assistant regional counsel in 1988 for the EPA in its New York regional office, focusing on the Superfund program and leading the implementation of the newly enacted Emergency Planning and Community Right to Know Act.

Since then I worked in the private sector as an adviser to the EPA and the United Nations, I've testified at congressional hearings, and currently co-direct New Partners for Community Revitalization, a not-for- profit brownfields development organization.

Based on my 20 years of work in brownfields, Superfund and solid waste programs, I believe that the lack of transparency and participation from communities in government decisions have resulted in a legacy of decisions that have left certain communities being burdened by contaminated sites and waste facilities.

I strongly believe that the solution to addressing this failure requires engaging all stakeholders and ensuring transparency in decision making. In particular, I believe that it is critical that government take the extra effort to provide access and information to those in our society who are most burdened by pollution.

There is an opportunity to address both the public health and economic burdens of contaminated sites and waste facilities. A key principle to the challenges of contaminated sites and solid waste facilities is the forging of a common agenda and partnerships among diverse stakeholders, including environmental and environmental justice organizations, local governments, not-for-profit brownfields organizations, businesses, developers and financiers.

While I may be from the Northeast, I can assure you that we'll work throughout the United States to achieve that goal and we'll also work with rural governments to further that goal.

In conclusion, if confirmed, I pledge to uphold the laws by which the EPA is directed, to conduct the affairs of the office in a transparent and open manner, to be responsive to the inquiries of this committee and Congress and to uphold the mission of the EPA: to protect human health and the environment.

Thank you.

SEN. BOXER: Thank you.

Cynthia Giles, nominated to be assistant administrator for enforcement and compliance assurance, EPA.

MS. GILES: Thank you, Madame Chairman.

I would first like to take the opportunity to thank you and Ranking Member -- excuse me.

Thank you and Ranking Member Inhofe for holding this hearing and Senator Whitehouse for his very kind introduction.

This is my husband, Carl Bogus, who is here, who was already introduced by Senator Whitehouse, but also here with me today --

SEN. BOXER: Would you stand up, sir? Welcome.

MS. GILES: -- are two of my sisters, Andrea and Marilyn.

SEN. BOXER: Please stand. Welcome.

MS. GILES: I am honored to be nominated --

SEN. BOXER: How many sisters do you have?

MS. GILES: I have three sisters.

SEN. BOXER: That's nice. Any brothers?

MS. GILES: No.

SEN. BOXER: Okay. Just checking it out. (Laughter.)

MS. GILES: I am honored to be nominated to assist Administrator Jackson in the vital mission of the Environmental Protection Agency and I thank her and President Obama for offering me this opportunity to serve.

I have had the privilege of being a public servant both with state government and the federal government, including EPA. I served as an assistant United States attorney in Philadelphia, where I represented the United States in suits to enforce federal environmental laws and I served in several positions within EPA Region 3, managing programs, lawyers and the EPA enforcement program for Maryland, Delaware, Pennsylvania, Virginia, West Virginia and the District of Columbia. After moving to New England, I served as the head of the water program in the Massachusetts Department of Environmental Protection.

I've also worked in the private sector in a nonprofit environmental advocacy organization and even a brief stint in academia, teaching environmental law. In today's parlance, I've been a dot-com, a dot-org, a dot-edu and dot-gov. (Light laughter.)

Over the course of my 30-year career in environmental law and policy, I have worked in just about every major area of environmental protection, including clean energy and climate change, RCRA and Superfund, clean drinking and surface waters, groundwater protection, wetlands, TSCA and others. I understand that compliance with the law is essential to secure the public benefits that the laws are designed to achieve.

President Obama and Administrator Jackson have said repeatedly that the core values of EPA are scientific integrity and the rule of law. Enforcement is part of the commitment to the rule of law. It is part of our commitment to the people who expect the protections of clean air and water wherever they may live, and it is part of our commitment to businesses that should not be at a competitive disadvantage when they take seriously their responsibilities to obey the law and respect their neighbors.

Scientific integrity must also be a guiding principle for enforcement. As we pursue compliance, we must look at and be guided by the facts and make sure that we are addressing the biggest environmental and public health problems, and we need to be particularly mindful of our obligation to protect vulnerable populations.

Responsible stewardship of our air and water is a necessary part of our economic vitality. Indeed, responsible stewards of businesses rely on EPA and the states to protect businesses by making sure everyone plays by the same rules. Especially now, the business community will be counting on EPA to make sure there is a level playing field and that we are pragmatic and use common sense in achieving that goal.

In seeking to ensure compliance with the laws passed by Congress, EPA of course works closely with the states. States have the majority of inspectors and enforcement staff and states have the local knowledge that helps to ensure that we are as efficient and effective as possible in enforcing the law. In this task, EPA and the states are partners at the same time that EPA needs to make sure that the guarantees of clean air and water are shared equally by all.

The administrator has outlined five key goals for EPA: reducing greenhouse gas emissions, improving air quality, managing chemical risks, cleaning up hazardous waste sites and protecting water. The enforcement and compliance office of EPA will be part of achieving all of these goals and others by assuring that we enforce the law and achieve compliance with these programs to tackle these critical problems.

I affirm my personal commitment to as much transparency and openness in the operations of government as possible. Not only should citizens know what their government is doing, but an informed citizenry is also an excellent ally in creating pressure for better compliance.

President Obama and Administrator Jackson have pledged that under their watch the environmental cop will be back on the beat. I stand ready to work with the capable and dedicated staff of the enforcement office to carry out that pledge.

Thank you.

SEN. BOXER: Thank you so much.

And last but certainly not least, Michelle DePass, nominee for assistant administrator for international affairs.

MS. DEPASS: Thank you, Madame Chairwoman and Ranking Member Inhofe, for holding this hearing. It is an honor to be here.

I would like to introduce my husband, Joshua Paulson --

SEN. BOXER: Welcome, sir.

MS. DEPASS: -- who I'm delighted is here with me. Allow me also to recognize my parents, Rupert and Marsyl DePass, in absentia, who have supported me in my decisions throughout my entire life.

I'm deeply humbled President Obama has nominated me to be the assistant administrator for the Office of International Affairs at the Environmental Protection Agency. It would be a great privilege to work with and for Administrator Lisa Jackson. The administrator is a gifted leader and policymaker, and I would be honored to serve with her in protecting our nation's environment and public health.

I sit before you today almost two decades after my environmental career began. My professional and personal commitment to protecting our environment has been field-tested and strengthened during this time.

Protecting our environment for the benefit of all Americans has not only been my career, it is my passion. And for me, this passion is not simply a question of protecting our natural resources; rather, it is about protecting people and our future generations. I have dedicated my life to raising awareness and taking action to help people gain access to cleaner air, land and water, regardless of where someone lives or his or her economic circumstances.

This passion began with a legal internship at the EPA, in Region 2 in New York City. That extraordinary experience working side by side with dedicated staff to investigate and initiate corrective action on our most hazardous waste sites fueled two decades of experience in environmental policy and management.

In that time I have worked in and alongside nongovernmental entities, local government, state government and international institutions. I have helped empower local communities and organizations to ensure that their voices are heard when environmental policies are made that affect their lives, and I've worked in government to administer and develop such policies, first as an environmental manager in the city of San Jose and later as senior policy adviser of the New Jersey Department of Environmental Protection.

Currently, I serve as the Ford Foundation's environment and development program officer. In this position I am responsible for supporting the development of sound environmental policies and practices in the local, national and international arenas. My background working with U.S. and global institutions representing diverse constituencies with nongovernmental organizations, coupled with my professional experience in government, has prepared me to foster cooperation on an international environmental agenda.

Since 1970 the EPA has made great strides in giving our nation a cleaner, healthier environment. In today's era of globalization, these challenges to our health and our environment have grown. We cannot address them purely on a domestic level.

President Obama's environmental initiatives are highlighted by five key objectives: reducing greenhouse gas emissions, reducing other air pollutants, addressing toxic chemicals, cleaning up hazardous waste and protecting water.

I share his commitment to these objectives and I am cognizant of their global potential. International cooperation on environmental issues is not only desirable but necessary in ensuring the health of Americans. Pollution has no national boundaries.

I was raised in Queens, New York, the nation's most diverse county. My parents were immigrants who came to the U.S. from Jamaica, West Indies. They were intent on creating a better life for themselves and building a wonderful home for our family.

Through my earliest experiences with family, community and education, I interacted with people of different cultures who spoke different languages and I embrace the opportunity to work with Administrator Jackson and a team of dedicated professionals at the EPA to achieve cooperative solutions to the world's environmental problems and to the trans-boundary problems of toxics, air and water pollution.

As one who has spent much of her career as a public administrator and lawyer in the public sector, I would be honored to lead the Office of International Affairs and to utilize the EPA's technical expertise in environmental science, research, education and policy to tackle our global environmental challenges.

If confirmed, I will administer with the priorities of our president as my guide. I pledge today to serve the president and Administrator Jackson, this committee, Congress and the citizens of the United States, who are depending on our global expertise and cooperation.

Thank you.

SEN. BOXER: Thank you very much.

All of you made very strong statements and we thank you very much.

The way we're going to proceed now is each of us will have five minutes to ask questions. We're going to do it in order of arrival here and I will start by just doing a required series of questions.

I'll go down, starting from Mr. Stanislaus down.

Do you agree, if confirmed by the Senate, to appear before this committee or designated members of this committee and other appropriate committees of Congress and provide information subject to appropriate and necessary security protection with respect to your responsibilities as assistant administrators at the EPA?

MR. STANISLAUS: Yes.

MS. GILES: Yes, I do.

MS. DEPASS: Yes, I do.

SEN. BOXER: The record will show you all said yes.

And second question: Do you agree to ensure that testimony, briefings, documents and electronic and other forms of communication are provided to this committee and its staff -- and by this committee I mean both sides, the minority and the majority side -- and other appropriate committees in a timely manner?

MR. STANISLAUS: Yes, I do.

MS. GILES: Yes.

MS. DEPASS: Yes, I do.

SEN. BOXER: And lastly, 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?

MR. STANISLAUS: No.

SEN. BOXER: All right. So I just have a question for Mr. Stanislaus because of the situation we face in Superfund where I expressed my concern that we've slowed these cleanups dramatically, by half.

And I'd ask, if confirmed, will you agree to work with my staff to develop a plan to expedite the pace of cleanups?

MR. STANISLAUS: Yes, I will.

SEN. BOXER: And sir, if you are confirmed, will you work with my staff to determine whether EPA could do more cleanup work if it had more funding? Would you let us know?

MR. STANISLAUS: I will certainly look at the funding as well as the technical issues, absolutely. Thank you.

SEN. BOXER: Okay. I have some other questions for each of you and I will submit them for the record, but I would at this time call on Senator Inhofe.

SEN. INHOFE: Thank you, Madame Chairman.

The last question, Madame Chairman, that you asked of the three on conflicts of interest, Mr. Stanislaus responded to; the other two did not. Was that intentional, or?

SEN. BOXER: Oh, I'm sorry.

I thought you all -- did you not respond? I'm sorry.

MS. GILES: No, I did not. The answer is no.

SEN. BOXER: Oh, please. Well, let me ask it again. Thank you. (Laughter.)

I was so -- I figured it would be fine, so I just -- (laughter) -- I just thought I heard you say it.

So for the two of you -- and thank you, Senator Inhofe, and I'll put back his full time, please.

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. GILES: No, Madame Chair.

MS. DEPASS: No, I do not.

SEN. BOXER: Well, thank you very much.

Thank you, Senator.

SEN. INHOFE: Okay.

All right, now I have a third question for the three of you, and that is it's a little more specific, even though the chairman did address this, and that is would you and your staff be just as responsive to members of the minority on this committee in terms of requests that are made as you would if it were the chairman?

MR. STANISLAUS: Absolutely, Senator.

MS. GILES: Certainly, Senator.

MS. DEPASS: Yes, Senator, I will.

SEN. INHOFE: Well, that's what you said in my office and I knew what the answer was. (Laughter.)

You mentioned, Ms. DePass, in the past you were the manager of the Ford Foundation's initiative on environmental justice and healthy communities. Could you explain if there would be any change in your position or how your new national and international role may require you to change your position that you've taken before?

MS. DEPASS: Thank you, Senator.

Currently in my role as the Ford Foundation program officer, my work is to stimulate good environmental policy and practice nationally and internationally. I don't foresee that there will be any large or major changes as I will be working to protect the U.S. interest, working internationally now in bilateral and multilateral arenas.

SEN. INHOFE: All right, fine.

Ms. Giles, I'm going to ask you something relating to your position on the sanctity of contracts and consent agreements. In your potential new capacity -- and by the way, I would say that I intend to support all three of these nominees and I appreciate the time that they took to join me in my office.

But in your potential new capacity as head of the enforcement and compliance you have responsibility and authority for enforcement of the NSR program, and I notice that the EPA announced yesterday its intent to review three NSR-related decisions. Now, other recent enforcement actions by the EPA have sought to go after certain electric power generators because of one of the NSR rules was overturned by the D.C. Circuit Court.

I'd have to ask you, do you think that as a matter of equity that in basic fairness that previous lawful conduct should give rise to retroactive liability, and what are your thoughts on the disincentives such a position creates to the implementation of programs that will be under your responsibility?

MS. GILES: Well, Senator, as I stated in my testimony, one of the key foundational principles for EPA under Administrator Jackson is of course dedication to the rule of law. And part of that commitment, of course, is to follow court decisions that may occur over the course of consent decrees.

My commitment, if confirmed, is to make sure that we effectively and fairly enforce the laws of the United States as those exist at the time and as may be interpreted by the courts.

SEN. INHOFE: At the time that -- at what time?

MS. GILES: At the time that those decisions are being made, Senator.

SEN. INHOFE: That an individual has -- in other words, the rules that were in effect at the time that a person took the responsibility.

MS. GILES: Well, Senator, I'm not familiar with the specific circumstances that you're referring to there. I'd be happy to look at that.

SEN. INHOFE: Well, yeah, I'm only referring to if it's a court decision, D.C. Circuit, that may have changed the rules. And I'm talking about some of the generating companies that complied with the rules, the NSR rules, at the time, and then they changed the rules.

This is my concern -- not just that particular case, but anything else where there are rule changes that come up after the fact.

MS. GILES: Senator, it certainly is the obligation of the Office of Enforcement and Compliance and my obligation, if confirmed, to enforce the laws, including the new source review laws, to protect air quality in the United States.

And from time to time, court decisions may change the legal framework under which the agency operates in, in accordance with adherence to the rule of law. I think that EPA is required to go along with the law as interpreted by the courts.

SEN. INHOFE: Okay, that's fine.

Mathy, I wanted to get -- Mr. Stanislaus, I wanted to get to a question you and I talked about in my office and that was having to do with your affiliation with the New York City Environmental Justice Alliance and its member groups.

I had brought up specifically that one of the member groups that your name is identified with received -- and one of my members brought this up to me who isn't here now; I wish the member would show up -- that one of the member groups of that New York justice alliance solicited and received grants from Hugo Chavez.

Now, I'd ask you on the record now, is this something that you were aware of at that time, that you solicited, or that you approved?

MR. STANISLAUS: No.

SEN. INHOFE: Okay. And Mr. Stanislaus, I am concerned, as I brought up in my office, there's a lot of controversy on remedies on what we're doing in the Superfund program. It happens that the most devastating of all the Superfund sites in the nation happen to have been in my state of Oklahoma, and you and I talked about this in the office.

We've had the full cooperation now -- I couldn't have asked for more cooperation previously in taking care of that particular Tar Creek Superfund site. There is some work remaining. The buyouts I think are pretty much complete. There are some things that have to be done with the land once all the buyouts and the moves have been made.

And I'd just like to ask if you would give just the same full attention to that particular -- completing that Superfund, the Tar Creek Superfund site in Oklahoma as we've had up to this date.

MR. STANISLAUS: Absolutely, Senator. It is my intention to ensure that cleanup goes forward and is completed, along with all of the other Superfund sites.

SEN. INHOFE: Okay, I appreciate that very much.

Madame Chairman, as you know, we also have an Armed Services Committee hearing right now and I'm going back and forth. I'm going to try to get some other members in here.

SEN. BOXER: Okay.

Well, I think if -- this doesn't seem to be a contentious hearing, so I have a feeling you can go and not worry. And if there's any big problems, staff will call you back.

SEN. INHOFE: Well, I always worry a little bit.

SEN. BOXER: Don't worry. (Laughter.) Ever since I took this he's been worrying, I know.

SEN. INHOFE: And this, too, will change.

SEN. BOXER: Yeah. (Laughter.) No comment. It's too loaded a charge.

Thank you; have a good hearing at the Armed Services.

SEN. INHOFE: Thank you.

SEN. BOXER: Thank you.

Senator Whitehouse, to be followed by Senator -- you don't have any questions, or you do? No?

Senator Lautenberg.

SEN. FRANK R. LAUTENBERG (D-NJ): Thanks, Madame Chairman.

And one of the things that we see in this committee is many times we are witness to revelations. It's almost "epiphanous" in terms of what happens here, and our chairman has earned the respect of everybody in the United States Senate and people outside because of her diligence in pursuing matters of importance.

But it was in this very place, in this committee, that we were introduced to a fellow named Barack Obama. He came here as a member and it was immediately obvious that he was very talented, that he understood the issues, and almost instantaneously he responded with sensible responses to the situation that we were in and he is truly a great protector of the environment.

And I want to thank all of you for what you do, for protecting my grandchildren, and I urge you to continue to work as diligently as you can to continue that protection, because if you take care of the Lautenberg grandchildren you take care of everybody's grandchildren, and we love them all.

And so when I see your careers thus to date and I see that two of you, Mr. Stanislaus, Madame DeParis (sic) -- you were born outside our country, right?

MR. STANISLAUS: I was.

MS. DEPASS: No, sir, I was actually born in New York City, but my parents were born in Jamaica, West Indies.

SEN. LAUTENBERG: I see. Well, so that we can classify you as relatively new citizens, and the fact that you're here, contributing at the level that you have, with the credentials and the veracity that you bring from your earlier assignments just tells us something about the system that we're on, the integration of people with ability and a commitment to do the job.

And so we thank you for that which you bring to this table and to what we expect will be a productive period of time in these new assignments. Obviously you're not going to have a problem, any one of you, in being confirmed.

The fact that we don't have a lot of attendance here also suggests not just that they don't want to -- others may not want to hear what you've got to say, but they've already come to a conclusion that you're qualified and that you'll have the support, and especially with the leadership of our chairman.

And so I'm pleased to see you here. I got a little frightened when the chairman said that -- or I should say a little encouragement when the chairman said that she was going to call on people based on their time of arrival. I thought you meant arrival on Earth, and I would be -- (laughter) -- and I thought certainly I would be first.

SEN. BOXER: Well, Senator, I will do that, but then we might go to in order of size.

SEN. LAUTENBERG: For those who need the most protection. You don't need any protection, Madame Chairman.

I would ask if I may indulge my friends.

SEN. BOXER: You may.

SEN. LAUTENBERG: For Mr. Stanislaus, I was one of those who was very enthusiastic about saying that a fairly de minimis charge on those who produced items that could then turn into noxious waste should pay the price for monitoring or disposing of those things -- the Superfund law.

And that was originated, Ms. DeParis (sic), by a fellow named Florio. Jim Florio was a member of the House and later governor of New Jersey. In a lame duck session in 1980 he created the Superfund program and established the fact that the polluter should pay.

And Mr. Stanislaus, any challenge to the view that the polluter must pay for their share of the damage that they might do?

MR. STANISLAUS: Thank you, Senator. President Obama has included the Superfund tax in his budget, and I will support that.

SEN. LAUTENBERG: And the -- I just want to catch up with Ms. Giles -- you know, I looked at your career and I think back to days when I was much younger and kind of looking for a place to plant myself. And my mother would have looked at your resume and said, "What's the matter, can't you hold a job?" (Laughter.)

Anyway, it's wonderful; the experiences that you've had in different places I think prepares you so well for this responsibility.

In 2008, a GAO report found the Bush administration fined polluting companies much less than the previous administration, and if the companies knew that there was only small financial consequences for polluting, some of them may choose to break the law rather than spend the money cleaning up operations.

What do you think ought to be included in vigorous enforcement of our environmental laws to make sure that a powerful incentive is to make certain that people are going to pay, pay fully -- as fully as we can make them -- for the damage they created?

MS. GILES: Thank you, Senator.

In achieving the objective of compliance with the law, aggressive enforcement is certainly one of the tools. And as you have pointed out, penalty structure is an important part of that enforcement, to provide a deterrent to other companies from making a decision to violate the law and to recoup the economic benefit that a company might obtain by violating the law.

Following through with that type of enforcement program is part of the way that the Office of Enforcement and Compliance assures that we achieve the protections for human health and the environment laid out in the federal laws.

SEN. LAUTENBERG: Thank you.

And Ms. DePass, forgive me for giving you "DeParis." The elegance of your presentation -- (laughs) -- commanded that lofty title. But DePass is very good.

And one of the things then that certainly is a difficult problem if we try to cure these international assaults in America alone -- and while I believe that the U.S. has the responsibility of leading the way in fighting pollution, fighting toxic disasters with strong legislation to cap greenhouse gas pollution, we're going to need international cooperation and effort.

What do you think we can do to ensure that other countries also work to reduce the greenhouse gas emissions?

MS. DEPASS: Senator, thank you for your question.

The president has made one of his commitments to set an agenda for the United States to lead the way in terms of setting and reducing greenhouse gas emissions. And the State Department is leading the actual delegation towards Copenhagen, where we will set an agenda.

Although I'm not privy to the actual qualitative and quantitative goals that they have for the future negotiations, I do pledge, if confirmed, to be able to assist the administrator and the administration in encouraging major emitting countries to do the same.

SEN. LAUTENBERG: Madame Chairman, I congratulate you on the fact that we have the individuals of such high caliber that we automatically assume capability in getting the job done. We know that the hearts are there, we know the minds are there and it's up to us to give them the tools to get the jobs done.

And I commend all of you for your wonderful work and the records that you bring to these jobs. We hope you get started in a hurry.

SEN. BOXER: Well, Senator Lautenberg, you speak for us all when you talk about your grandkids, always, and that's what our work is really about. And we need the backup. We need the backup support out there in the field where it really happens, because sometimes we make good policy here. We have great landmark laws, but if they're not enforced, they're not carried out and their spirit is just not paid attention to, we don't fulfill the promise.

So we're very thrilled that the three of you -- I think it's a tribute that we didn't have a lot of people here, really. (Laughs.) This is what you -- for those of you watching this, the young people, I would say to them that when nominees are in trouble is when you get a big turnout and people pressing them and pressing them.

So know that this is a good sign, and of course, I was thrilled to hear Senator Inhofe say he supports the three of you. That's wonderful news for me and for all of us.

We need to make sure our questions are submitted to the nominees by close of business tomorrow. Answers are due back by Friday at noon.

Can you all make sure you do that? Friday at noon, if you get written questions?

MR. STANISLAUS: Yes.

MS. GILES: Yes.

MS. DEPASS: Yes.

SEN. BOXER: I don't want to miss anybody. (Laughter.)

And again, congratulations on how smoothly this went, and you all just come to us so highly qualified. We look forward to moving your nominations very quickly. Thank you.

And we stand adjourned. (Sounds gavel.)

END.

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