[Senate Hearing 111-1185]
[From the U.S. Government Publishing Office]
S. Hrg. 111-1185
HEARING ON THE NOMINATION OF
REGINA McCARTHY TO BE ASSISTANT
ADMINISTRATOR, OFFICE OF AIR AND RADIATION,
OF THE ENVIRONMENTAL PROTECTION AGENCY
=======================================================================
HEARING
before the
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
__________
APRIL 2, 2009
__________
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COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
BARBARA BOXER, California, Chairman
MAX BAUCUS, Montana JAMES M. INHOFE, Oklahoma
THOMAS R. CARPER, Delaware GEORGE V. VOINOVICH, Ohio
FRANK R. LAUTENBERG, New Jersey DAVID VITTER, Louisiana
BENJAMIN L. CARDIN, Maryland JOHN BARRASSO, Wyoming
BERNARD SANDERS, Vermont MIKE CRAPO, Idaho
AMY KLOBUCHAR, Minnesota CHRISTOPHER S. BOND, Missouri
SHELDON WHITEHOUSE, Rhode Island LAMAR ALEXANDER, Tennessee
TOM UDALL, New Mexico
JEFF MERKLEY, Oregon
KIRSTEN GILLIBRAND, New York
ARLEN SPECTER, Pennsylvania
Bettina Poirier, Staff Director
Ruth Van Mark, Minority Staff Director
(II)
C O N T E N T S
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Page
APRIL 2, 2009
OPENING STATEMENTS
Boxer, Hon. Barbara, U.S. Senator from the State of California... 1
Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma... 2
Carper, Hon. Thomas R., U.S. Senator from the State of Delaware.. 4
Voinovich, Hon. George V., U.S. Senator from the State of Ohio... 6
Dodd, Hon. Christopher J., U.S. Senator from the State of
Connecticut.................................................... 8
Cardin, Hon. Benjamin L., U.S. Senator from the State of
Maryland, prepared statement................................... 72
Sanders, Hon. Bernard, U.S. Senator from the State of Vermont,
prepared statement............................................. 73
Kerry, Hon. John, U.S. Senator from the State of Massachusetts,
prepared statement............................................. 73
Kennedy, Hon. Edward M., U.S. Senator from the State of
Massachusetts, prepared statement.............................. 73
Lieberman, Hon. Joseph I., U.S. Senator from the State of
Connecticut, prepared statement................................ 74
WITNESSES
McCarthy, Regina, nominated to be Assistant Administrator, Office
of Air and Radiation, of the Environmental Protection Agency... 11
Prepared statement........................................... 13
Responses to additional questions from:
Senator Boxer............................................ 17
Senator Lautenberg....................................... 19
Senator Sanders.......................................... 21
Senators Inhofe, Voinovich, Vitter, and Bond............. 23
Senator Vitter........................................... 60
Senator Barrasso......................................... 62
(III)
HEARING ON THE NOMINATION OF REGINA McCARTHY TO BE ASSISTANT
ADMINISTRATOR, OFFICE OF AIR AND RADIATION, OF THE ENVIRONMENTAL
PROTECTION AGENCY
----------
THURSDAY, APRIL 2, 2009
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The committee met, pursuant to notice, at 10 a.m. in room
406, Dirksen Senate Office Building, Hon. Barbara Boxer
(chairman of the committee) presiding.
Present: Senators Boxer, Inhofe, Carper, Voinovich, and
Udall.
OPENING STATEMENT OF HON. BARBARA BOXER,
U.S. SENATOR FROM THE STATE OF CALIFORNIA
Senator Boxer. Good morning. This morning the Environment
and Public Works Committee will consider President Obama's
nomination of Gina McCarthy to be the Assistant Administrator
of the Office of Air and Radiation at the U.S. Environmental
Protection Agency. I am so pleased that President Obama has
selected someone with such a strong background in clean air
protection for this critical role at the EPA.
Gina McCarthy comes to this position with nearly three
decades of experience in public service and a unique record of
accomplishment in addressing air pollution, including
greenhouse gas emissions, and at the State level in
Massachusetts and Connecticut. Gina McCarthy was appointed by a
Republican Governor, Jodi Rell of Connecticut, and brings to
this role a spirit of bipartisanship that I greatly appreciate.
The Office of Air and Radiation oversees the development of
national programs, policies and regulations for addressing air
pollution and radiation exposure. This nomination is especially
important to the people of my State. California faces some of
the most dangerous air pollution issues in the Country.
Pollution around our ports, including the Ports of Los Angeles
and Long Beach, is responsible for increased rates of
respiratory diseases, including cancer, among families who live
near those facilities. We have actually tracked those cancers
and we can see that.
The California Air Resources Board estimates that diesel
emissions contribute to 2,000 premature deaths each year. The
health costs of diesel emissions are billions of dollars each
year. Millions of people in areas like the Central Valley and
the Inland Empire experience dangerous air pollution day after
day.
The Obama administration has already begun to reverse many
of the previous Administration's environmental rollbacks.
During his first week in office, President Obama announced an
EPA review of the California waiver decision. In a speech to a
joint session of Congress, President Obama underscored his
support for a market-based cap on carbon. The EPA has sent the
endangerment finding to the Office of Management and Budget,
and there are reports that it will be released very soon. These
are positive developments.
I am also pleased that EPA has recently taken steps to test
dangerous air pollution around schools, including schools in my
State. I believe this program should be expanded so that any
school where children may be exposed to dangerous air pollution
is addressed.
This is a pivotal time for the EPA. I am very pleased to
see that under the leadership of Administrator Jackson, EPA has
already begun to reverse the damage that was done under the
previous Administration and return the EPA to its mission to
protect the public health and the environment. The Assistant
Administrator for Air and Radiation will play a crucial role in
continuing that process.
I look forward to hearing from today's nominee. I took 3
minutes to do that speech, so that is what we are going to give
everybody today, 3 minutes for an opening, and then we will get
right to Regina McCarthy, who I would her to take her seat, if
she would.
Senator Inhofe.
OPENING STATEMENT OF HON. JAMES M. INHOFE,
U.S. SENATOR FROM THE STATE OF OKLAHOMA
Senator Inhofe. Thank you, Madam Chairman. First of all,
that Office of Air and Radiation at the Environmental
Protection Agency is very, very significant. It has a great
effect on our economy. I want to say to Ms. McCarthy, thank you
very much for the inconvenience you had to go to to meet with
me way over at the Armed Services Committee. I appreciate that
very much.
It is my understanding, Madam Chairman, that you want to
hold a business meeting on Ms. McCarthy's nomination the week
that we return, which at this point I have no problem with
that. I think I would agree with you. But first, I need to
provide a little historic context, which has nothing to do with
Ms. McCarthy. This all happened before.
The Senate has not confirmed a nominee for this position in
8 years, not since 2001. It is due entirely to the opposition
of my colleagues on the other side of the aisle. Opposition
arose from allegations that nominees failed to provide timely
and complete answers to questions submitted to them, and in
effect, Madam Chairman, the standard was set by you and by the
Democrats on this Committee. In order to advance this nominee
as expeditiously as possible, as you have stated, and I have
agreed that we need to do, the minority will need to timely
complete the answers to our questions.
I want to say that Ms. McCarthy has already done this. We
received a document this morning. We haven't had a chance to
review it yet. I am sure there are some things that we may want
to pursue.
As I indicated earlier, the next Assistant Administrator of
Air will face several daunting regulatory challenges. These are
just a few, meeting the new deadlines for attainment of
National Ambient Air Quality Standards, addressing interstate
air pollution, continuing reductions in mercury and other
hazardous air pollutants, implementing the next phase of the
renewable fuel standard and a pending decision on the
California waiver.
Ms. McCarthy, these issues by themselves will overwhelm you
and your calendar. And yet as time-consuming as these policies
will be, they pale in comparison to what would ensue if
CO2 becomes a regulated pollutant under the Clean
Air Act. If the EPA makes an endangerment finding under the
Act, and according to recent new accounts, this decision has
already been made by the Administration, it could extend EPA's
regulatory reach into every corner of the economy.
Ms. McCarthy, I hope that you will approach pending
decisions on the greenhouse gas regulation with great care, and
to the extent that you can, ensure that the concerns of small
businesses, families, and every American who uses energy would
receive proper hearing. I have had the pleasure of meeting you
briefly and I have every reason to believe you would be very
cooperative. We look forward to getting this information from
you.
Thank you, Madam Chairman.
[The prepared statement of Senator Inhofe follows:]
Statement of Hon. James M. Inhofe, U.S. Senator
from the State of Oklahoma
Thank you, Chairman Boxer, for calling this hearing today.
I welcome you, Ms. McCarthy, to our committee and I look
forward to working with you.
The Office of Air and Radiation at the Environmental
Protection Agency issues regulations that protect the air we
breathe. Those regulations also significantly impact the
American economy. For these reasons, the job of Assistant
Administrator for Air entails serious responsibilities. This
committee and the full Senate, therefore, must thoroughly
assess the qualifications of the nominee to head the office.
I understand, Madam Chairman, that you wish to hold a
business meeting on Ms. McCarthy's nomination the week we
return from recess. At this point, I have no objection to that
schedule. But first, I need to provide a little historical
context. The Senate has not confirmed a nominee for this
position in 8 years--due entirely to opposition from my
colleagues on the other side of the aisle.
Opposition arose from allegations that nominees failed to
provide timely and complete answers to questions submitted to
them. In effect, Madam Chairman, a standard was set by you and
your colleagues: in order to advance this nomination as
expeditiously as possible, the minority will need timely and
complete answers to our questions. Let's hope that occurs.
As I indicated earlier, the next Assistant Administrator
for Air will face several daunting regulatory challenges. Let
me list a few: meeting new deadlines for attainment of national
ambient air quality standards; addressing interstate air
pollution; continuing reductions in mercury and other hazardous
air pollutants; implementing the next phase of the renewable
fuel standard; and a pending decision on the California waiver.
Ms. McCarthy, these issues by themselves will overwhelm
your calendar. And yet as time-consuming as these policies will
be, they will pale in comparison to what will ensue if
CO2 becomes a regulated pollutant under the Clean
Air Act. If EPA makes an endangerment finding under the Act--
and according to recent news accounts, this decision has
already been made by the Administration--it could extend EPA's
regulatory reach into every corner of the U.S. economy.
Ms. McCarthy, I hope that you will approach pending
decisions on greenhouse gas regulation with great care, and to
the extent you can, ensure that concerns from small businesses,
families, and every American who uses energy receive a proper
hearing.
I had the pleasure of meeting you briefly yesterday, and I
value your commitment to public service. You have an impressive
background in serving Connecticut and Massachusetts with
distinction. I look forward to hearing more about your record
today.
As you well know, Ms. McCarthy, there is an enormous amount
at stake here. If the policies pursued are not pursued with
great care and restraint, this great machine we call America
will grind to a halt. That's something I know everyone here
wants to avoid. So I urge you to work with us--majority and
minority--in addressing the issues now before us and those yet
to come.
Senator Boxer. Thank you so much, Senator.
Senator, we are checking on that 8 years, because we
believe that Mr. Wehrum was in that position--I am sorry----
Senator Inhofe. But he was not confirmed.
Senator Boxer. No, I am sorry, Homestead was in that
position. But we will find the exact date, because I would be
shocked that it was 8 years.
Senator Inhofe. OK, that is fine. And I am glad that you
are shocked.
Senator Boxer. It wasn't 8 years.
Now, here is the situation. We have Senator Dodd with us.
We are so happy he is here to introduce Regina McCarthy. Is
your schedule tough or can you wait 9 minutes? It is up to you.
Senator Dodd. Absolutely I can wait.
Senator Boxer. You are OK, all right, wonderful. Then we
will go to Senator Carper.
OPENING STATEMENT OF HON. THOMAS R. CARPER,
U.S. SENATOR FROM THE STATE OF DELAWARE
Senator Carper. Ms. McCarthy, welcome, thank you for
bringing Senator Dodd with you this morning. I understand you
might have brought a couple of people from your family, too,
and we look forward to welcoming them.
I will just say right now to those who are gathered from
the McCarthy clan, what was your maiden name?
Ms. McCarthy. My nickname is Gina, my maiden name is
McCarthy and my husband's name is McCarey. Confusing.
[Laughter.]
Senator Carper. That is a lot of Irish. I hope you are
lucky, we need some luck. We are glad you are here, we welcome
you and thank you for your willingness to serve.
For those in your family that are here, thank you for your
willingness to share a good woman with us. Ms. McCarthy and I
come from parts of the Country that I refer to as the end of
the Nation's tail pipe. And it is great to live in Delaware, it
is great to live along the east coast. But that is one aspect
that we don't like, and we are anxious to do something about
it.
I know you tried to address air pollution in your State
through a multi-pollutant approach. You had impressive results
and we are encouraged by that. We think in----
Senator Boxer. I am sorry, we are in a debate over here.
[Laughter.]
Senator Inhofe. We are listening to everything you say.
Senator Boxer. It is the usual Boxer-Inhofe debate. I am so
sorry. Please. You have the floor.
Senator Carper. Thanks so much. I will start over again.
[Laughter.]
Senator Carper. In too many respects, opportunities for
progress on clean air have largely been squandered over the
last 8 years. It seems like every time we want to get something
done, every major clean air regulation that the Bush
administration has tried to move has been rejected by the
courts. And as a result, we are left with no meaningful Federal
regulations to clean up our dirtiest fossil fuel power plants.
And as the Assistant Administrator for Clean Air, you will
need to write at least, I think, three major rules in the next
couple of rules to replace the Clean Air Interstate Rule, to
replace the flawed mercury rule and replace the participate
matter rule. You will need to implement vital air toxic risk
rules that have been shelved or unfunded by the last
Administration.
As if that is not enough, you are going to be called on to
address how we move forward on climate change and on renewable
fuels under the Clean Air Act. You have a tough road ahead, but
I am encouraged that you are experienced and your achievements
have shown that you can rise to the challenge. We need leaders
like you who can build alliances. We need people who can build
alliances and work with Congress and determine a path forward
that strengthens our economy and protects our air quality.
So we look forward to working with you, we plan to be your
partner in these challenges. Congratulations and good luck.
[The prepared statement of Senator Carper follows:]
Statement of Hon. Thomas R. Carper, U.S. Senator
from the State of Delaware
Thank you, Chairman Boxer, for having this hearing today.
As Chairman of the Senate Subcommittee on Clean Air and
Nuclear Safety, I warmly welcome Ms. Gina McCarthy to our
Committee today. I look forward to today's discussion.
Ms. McCarthy and I both come from States that are at the
end of what I like to call ``the Nation's tailpipe.'' She has
tried to address air pollution in her State through a multi-
pollutant approach. And she has had impressive results.
But if confirmed--Ms. McCarthy--you've got your work cut
out for you.
As you know, we've had 8 years of delays on clean air.
Every major clean air regulation by the Bush administration has
been rejected by the courts.
As a result, we are left with no meaningful Federal
regulations to clean up our dirtiest fossil-fuel power plants.
As the Assistant Administrator for Clean Air, you will need
to write at least three major rules in the next few years to
replace CAIR, the flawed mercury rule, and the particulate
matter rule.
You will need to implement vital air toxic risk rules that
have been shelved or unfunded by the last Administration.
And if that is not enough work, you will also have to
address how we move forward on climate change and on renewable
fuels under the Clean Air Act.
You face a tough road ahead. But your experience and
achievements have shown you will rise to the challenge.
We need leaders like you who can build alliances, work with
Congress, and determine a path forward that strengthens the
economy and protects our air quality.
I especially look forward to working with you, Ms.
McCarthy, and hope we can move your nomination through quickly.
Senator Boxer. Senator Carper, thank you.
Senator Voinovich.
OPENING STATEMENT OF HON. GEORGE V. VOINOVICH,
U.S. SENATOR FROM THE STATE OF OHIO
Senator Voinovich. Thank you, Madam Chairman.
I first of all want to thank your family for the sacrifices
that you have made so that Regina could serve. If you think you
have made sacrifices in the past, believe me there are going to
be a lot more of them. Because the job that she has been
nominated for is one of the toughest jobs in the Environmental
Protection Agency.
The fact that Ms. McCarthy brings over 20 years of
experience as an environmental regulator on both the local and
State level, I know those experiences are going to serve her
well in her new capacity.
I am comforted by the fact that you have had State
experience, and as a result of that I think will have a better
understanding of what the implications are of the decisions
that you are going to be making on just ordinary folks out in
the States.
As Assistant Administrator for Air and Radiation, Ms.
McCarthy will be responsible for administering some of the most
complex and contentious regulatory issues facing the Obama
administration. And those issues include the EPA's decision on
the California waiver request, EPA's decision on endangerment
and regulation of greenhouse gas emissions under the Clean Air
Act, and implementation of the next standards and regulations
to air toxins, some of the toughest stuff that you can deal
with.
Subsequent to the courts vacating a series of the Bush
administration's rules limiting emissions from power plants,
Ms. McCarthy, you are going to have to decide how to address
the regional transportation of emissions and Section 126
petitions filed by downwind States, have to write and implement
regulations to reduce mercury emissions from coal-fired power
plants and using EPA's authority to regulate greenhouse gas
emissions under the Clean Air Act. That is a little bit
troubling to me.
As evidenced by the Agency's advance notice of proposed
rulemaking on the issue, CAA regulation would set forth a
multitude of costly, burdensome programs regulating nearly
every aspect of Americans' lives. The Act's principal
regulatory programs were enacted decades ago for the purpose of
controlling regional and local air pollution. It was designed
to not address the global phenomena like greenhouse gases.
So I think that all of these things are going to have to be
taken into consideration. I hope that, well, I am confident
that you will try to throw the ball down the middle as I talked
to with you when you were in the office. I think we are
fortunate to have someone like you who is interested in this
job and has the experience and hopefully will help the
Administrator do the job that needs to be done for the American
people.
Thank you.
[The prepared statement of Senator Voinovich follows:]
Statement of Hon. George V. Voinovich, U.S. Senator
from the State of Ohio
Madam Chairwoman, thank you for having today's hearing.
Today we consider President Obama's nomination of Gina
McCarthy to be EPA's Assistant Administrator for Air and
Radiation. Having served as a mayor, Governor and now as a
Senator, I understand the impact that decisions made in
Washington, DC can have on our local, State and national
economies. Mrs. McCarthy brings with her over 20 years'
experience as an environmental regulator on both the local and
State level and I trust that those experiences will serve her
well in this new capacity. Inside the Washington beltway, many
of the policies we debate take on ideological and often
academic overtones as if they exist in a vacuum--detached from
workers and families we were sent here to serve. When we go
back home, however, the implications of the actions taken here
in Washington are all too apparent. Mrs. McCarthy, should you
move on to the post to which you have been nominated, I hope
you keep in mind the impacts your decisions will have on
everyday Americans.
As Assistant Administrator for Air and Radiation, Mrs.
McCarthy will be responsible for administering some of the most
complex and contentious regulatory issues facing the Obama
administration. Those issues include--EPA's decision on the CA
Waiver request; EPA's decision on endangerment and regulation
of greenhouse gas emissions under the Clean Air Act (CAA);
revisions to, and implementation of, the National Ambient Air
Quality Standards (NAAQS) and standards and regulations
relating to air toxics. Subsequent to the court's vacating a
series of the Bush administration's rules limiting emissions
from power plants, Mrs. McCarthy will need to decide how to
address the regional transportation of emissions and section
126 petitions filed by downwind States. She will also have to
write and implement regulations to reduce mercury emissions
from coal-fired power plants.
The use of EPA's authority to regulate greenhouse gas
emissions under the Clean Air Act is particularly troubling. As
evidenced by the agency's Advance Notice of Proposed Rulemaking
(ANPR) on this issue, CAA regulation would set forth a
multitude of costly, burdensome programs regulating nearly
every aspect of Americans' lives. The Act's principal
regulatory programs were enacted decades ago for the purpose of
controlling local and regional air pollution. The Act was not
designed to address a global phenomenon environmental like
climate change in an efficient and effective manner.
The agency has thus far attempted to get around this fact
by exploring a number of legal theories in which the Act might
be creatively interpreted to allow EPA to implement various
policy alternatives that the Agency believes might reduce GHG
emissions in an equitable and cost effective manner. However,
the courts have not agreed with EPA's attempts to read
flexibility into the Act and have blocked the agency from
applying its own notions of efficient air quality policy--the
DC Circuit's vacating the Clean Air Interstate Rule being a
prime example. If EPA proceeds with GHG regulation under the
CAA, it is my belief that it will find that it has much less
policy discretion than is reflected in the ANPR and that
regulating GHG emissions under the CAA will be much more costly
than the agency believes. Indeed, CAA regulation may very well
mean imposing costly requirements not only on utilities and
manufacturers, but commercial buildings, including hospitals
and schools.
Climate change may be the single most significant issue
that has been before this committee, touching every sector of
the economy and having immense energy, economic, environmental
and national security consequences. It is my hope that Congress
enacts a sensible program to reduce emissions, ensure energy
security and provide for economic stability and that we abandon
the arcane path laid out by the CAA. But this will be no easy
task and policies that tax Americans trillions of dollars and
implement vast new government programs are not a viable
alternative.
Enacting cost effective climate legislation will not be an
act of mere political will, but of thoughtful consideration.
And because it may take us some time to move forward, I would
remind the agency that is under no legal obligation to act
quickly. Given the very difficult legal and policy issues at
play, as well as the extremely high stakes involved, EPA should
take the time necessary to understand the regulatory
consequences of its actions.
Senator Boxer. Thank you so much, Senator.
Senator Udall.
Senator Voinovich. Madam Chairman.
Senator Boxer. Yes.
Senator Voinovich. Do you mind if I ask that the rest of my
written statement be included in the record?
Senator Boxer. Absolutely, it will be included.
Senator Udall.
Senator Udall. Thank you, Madam Chair. I would also like to
just put my full statement into the record.
Senator Boxer. Without objection.
[The referenced material was not received at time of
print.]
Senator Udall. I will talk briefly, because I want to hear
from Chris Dodd and from Gina McCarthy.
I rode up in the elevator with Chris and he told me that
you were one of the folks who was involved in putting in place
the first cap and trade, what I think has been called the
regional greenhouse gas initiative. I think having that
experience is very important to the position that you are
moving into. While you may be being sent notes of caution about
moving forward, I would encourage the Environmental Protection
Agency to move forward with all deliberative speed to make sure
that you do what you can under the law. It is not clear to me
that the Congress is going to act. I am one of the ones who
really believes that we need to act and we need to act
urgently.
But I think it is important that the authority that you
have, that you understand what it is. I believe the EPA is
moving forward right now with a registry, which I think is a
very good first step, because we can't put a regimen in place
until we know who is emitting and where they are and under what
conditions they do it. So I am one of the one who would just
urge you, move forward, keep it going, that will keep the
pressure on the Congress, because I think we need that tension
and dynamic to get things done.
With that, I will yield back my time and look forward to
hearing from Chris Dodd and then from Gina. Thank you.
Senator Boxer. Thank you, Senator Udall.
We are going to call on Senator Dodd. He has 5 minutes to
introduce you. But I thought it would be nice, before he
starts, if you would introduce your family, so we know who is
here.
Ms. McCarthy. Thank you, Madam Chairman, I appreciate that
very much.
Let me begin by introducing my husband, Ken McCarey. And I
have my three wonderful children, that is Maggie and Daniel and
Julie. I have my sister Elaine, who is a middle school teacher
who has been teaching U.S. history for many decades to middle
school children, God bless her.
[Laughter.]
Ms. McCarthy. She may be the only person who is more
excited to be here than I am.
[Laughter.]
Ms. McCarthy. I have my sister-in-law Mona McCarey and my
brother-in-law, Paul.
Senator Boxer. Thank you so very much.
Senator Dodd.
OPENING STATEMENT OF HON. CHRISTOPHER J. DODD,
U.S. SENATOR FROM THE STATE OF CONNECTICUT
Senator Dodd. Thank you very much, Madam Chair. Let me
express my pleasure in being here with you this morning and
introducing Gina to the Committee. Having listened to the
comments of our colleagues here, I think you are going to be
pleasantly, not surprised, but pleased to be able to deal with
someone who brings as much experience and background to the
issues before the Committee.
She has been nominated, as you pointed out, to the
important post of Assistant Administrator for Air and Radiation
and EPA. And of course, that is her family here, we are
delighted to see all of them as well with us this morning.
I want to congratulate President Obama for nominating such
a remarkable, qualified, energetic and passionate individual
who cares about these issues as much as Gina does. She has 25
years of experience working at all levels of local and State
government, and has a depth and breadth of knowledge on
environmental issues that few can rival. She has also served in
both Democratic and Republican Administrations of Governors, so
that bipartisanship that George Voinovich was talking about,
Tom Carper referenced as well, the ability to work under a
variety of different political experiences I think has been
worthwhile.
She worked in Massachusetts as well as in Connecticut, all
of whom have recognized her as a uniquely talented
environmental advocate. As Commissioner of Connecticut's
Department of Environmental Protection since 2004, she has
amassed a very, very impressive record of accomplishments. She
spearheaded the No Child Left Inside program, an initiative in
Connecticut and nationwide which combines environmental
education with numerous outdoor programs to promote physical
activity while teaching kids to become good stewards of our
environment.
She has advised Governor Jodi Rell on how to stimulate
sustainable economic development in our State, has worked
tirelessly to reinvigorate our State park system and has been a
terrific advocate for open space and conservation initiatives.
Perhaps most prominently, and again, this was referenced by Tom
Udall, she was the driving, one of the important forces behind
the creation of the regional greenhouse gas initiative, the
Nation's very first mandatory cap and trade program which was
adopted by 10 States in the northeast to address the grave
threats of climate change. The Commission's work on this issue
of climate change has been recognized and lauded nationally.
Her experience will be, I think, invaluable when she is
confirmed as Assistant Administrator for Air and Radiation.
President Obama has made it clear that addressing climate
change is a top priority of his. As the Assistant
Administrator, I think Gina will provide a very important role
in developing, implementing and working with people across the
spectrum on this issue, which will be critically important. I
know that there is no unanimity on this issue. But to have
someone of her background and experience, both politically and
substantively on these issues I think will be a great, great
addition to the debate and discussion.
In my view, this is a rather incredible list of
accomplishments, does not do justice to the qualities that Gina
will bring to her new position if she is confirmed. Across our
State, she has the well-deserved reputation for boundless
energy, incredible passion and willingness to speak frankly in
order to address challenges. Much has been made of her enormous
impact since the March 14th Hartford Courant ran an editorial
entitled DEP Chief Gina McCarthy a Hard Act to Follow, which
praised both her passion for the issues and her pragmatic
approach. The Courant specifically noted her ability to
revitalize a department which had lost the public's trust and
engaged people across our State in preserving Connecticut's
landscape and Long Island Sound in a comprehensive, bipartisan
fashion.
Once again, I want to congratulate Gina McCarthy, and I
want to thank her family as well. As it has been pointed out by
George Voinovich, this is a tough job to take on. But you have
in front of you an individual who has the demonstrated ability
to take on tough jobs and succeed at it by listening to people
and working together. I think that is something we are all
looking for in people who are willing to take on these
tremendous responsibilities.
So I am very honored and pleased this morning to be able to
present to you Gina McCarthy as the nominee for this very
important position.
[The prepared statement of Senator Dodd follows:]
Statement of Hon. Christopher J. Dodd, U.S. Senator
from the State of Connecticut
Chairman Boxer, members of the Committee, thank you for
holding this hearing. It is with great pleasure that I
introduce Gina McCarthy, who has been nominated to the
important post of Assistant Administrator for Air and Radiation
at the Environmental Protection Agency. I would also like to
welcome her husband, Kenneth McCarey, and her children, David,
Maggie, and Julie.
I congratulate President Obama on nominating such a
remarkably qualified, energetic, and passionate individual to
serve as Assistant Administrator. Commissioner McCarthy has 25
years of experience working at all levels of local and State
government and has a depth and breadth of knowledge on
environmental issues that few can rival. She has also served
under both Democratic and Republican Governors, in
Massachusetts as well as my home State of Connecticut, all of
whom recognized Gina as a uniquely talented environmental
advocate.
As Commissioner of Connecticut's Department of
Environmental Protection since 2004, Gina has amassed an
impressive record of accomplishments. She spearheaded the ``No
Child Left Inside'' Initiative in Connecticut and nationwide,
which combines environmental education with numerous outdoor
programs to promote physical activity while teaching kids to
become good stewards of the environment.
She has advised Governor Jodi Rell on how to stimulate
sustainable economic development in our State, has worked
tirelessly to reinvigorate our State park system, and has been
a terrific advocate for open space and conservation
initiatives.
Perhaps most prominently, Commissioner McCarthy was one of
the driving forces behind the creation of the Regional
Greenhouse Gas Initiative (RGGI), the Nation's first mandatory
cap and trade program, which was adopted by 10 States in the
northeast to address the grave threat of climate change. The
Commissioner's work on the issue of climate change has been
recognized and lauded nationally, and her experience will be
invaluable when she is confirmed as Assistant Administrator for
Air and Radiation.
President Obama has made it clear that addressing climate
change is a top priority for his Administration, and as
Assistant Administrator, Gina will play a vital role in
developing and implementing policies to control greenhouse gas
emissions.
In my view, this incredible list of accomplishments does
not do justice to the qualities Gina will bring to her new
position once she is confirmed. Across my State she has a well-
deserved reputation for her boundless energy, incredible
passion and determination, and willingness to speak frankly in
order to address challenges head on.
Indeed, she has made such an enormous impact that on March
14th, the Hartford Courant ran an editorial entitled ``DEP
Chief Gina McCarthy a Hard Act to Follow,'' which praised both
her passion for the issues and her pragmatic approach. The
Courant specifically noted her ability to revitalize a
department which had lost the public's trust and engage people
across the State in preserving Connecticut's landscape and Long
Island Sound.
Once again, I congratulate Gina McCarthy on her nomination
and thank the Committee for holding this hearing. Gina, while
we are sad to see you leave Connecticut, I know you will
continue to be the outstanding advocate for the environment and
public health you always have been, and I look forward to
working with you in your new position at the EPA.
Senator Boxer. Thank you so much.
Ms. McCarthy, you will be happy to know that Senators
Kerry, Kennedy and Lieberman have also put very strong
statements into the record supporting you.
We are delighted, you have the floor now. And thank you,
Senator Dodd, I know you have a hectic morning. We so
appreciate the time you took to be here.
Senator Dodd. Thank you, Madam Chairman.
Senator Boxer. Ms. McCarthy.
STATEMENT OF REGINA McCARTHY, NOMINATED TO BE ASSISTANT
ADMINISTRATOR, OFFICE OF AIR AND RADIATION, OF THE
ENVIRONMENTAL PROTECTION AGENCY
Ms. McCarthy. Thank you, Madam Chairman. I first want to
thank you, Chairman Boxer, as well as Ranking Member Inhofe,
for holding the hearing, and all the Committee members who took
their time today to be here and express their thoughts, as well
as your willingness to meet with me and speak with me over the
past weeks.
I also obviously want to recognize and especially thank
Senator Dodd, not only for all of his years of support to me
and his kind words, but also for the leadership he has provided
to the Great Nutmeg State, and also to this Nation.
If I may, I would like to recognize again my family, my
husband and my children, who are the lights of my life. I also
would be negligent if I didn't recognize the entire McCarthy-
McCarey clan back home, who we told could not be here today
because they would get too rowdy. When two large Irish families
merge, you are never alone again. And for the most part, that
is a good thing.
[Laughter.]
Ms. McCarthy. But I do want to thank them for their years
of love and support.
I am deeply honored and I am thrilled to be nominated as
Assistant Administrator for Air and Radiation at EPA by
President Obama and to be before you today asking for your
support. I also want to recognize Administrator Lisa Jackson. I
can't thank her enough for wanting me to be part of her
terrific team at a time when I believe that there is so much
that needs to get done, but also great promise and opportunity.
For the past 25 years, I have worked on air quality,
radiation and climate issues. In the last 10, I have overseen a
number of critical decisions, both in the Commonwealth of
Massachusetts and most recently over the past 4 years in
Connecticut, where I have been the Commissioner of the
Department of Environmental Protection.
I have been deeply involved in the development of the
regional greenhouse gas initiative, the passage of the
Connecticut State law to reduce greenhouse gas emissions and
other efforts to combat NOx, SOx and
mercury emissions. Simply put, I care deeply about these
issues.
And we all know that science around air quality, radiation
and climate is extremely complex. In fact, some of the most
complicated scientific modeling and assessment that is underway
at EPA actually takes place in this particular Air office. And
I am sitting here today not because I am a scientist, but
because like President Obama and Administrator Jackson, I
intend to leave the science to the scientists. If confirmed, I
will reach out to the EPA scientists and I will commit to them
and I will commit to you and to this Committee today that I
will fully consider their work in each and every decision that
I recommend to the Administrator. Science will be the backbone
of our decisionmaking process. That is what Administrator
Jackson has promised and that is what I will deliver.
If confirmed, I will sit down with EPA's professional
policy and program staff, who I already know to be smart,
capable, dedicated and passionate public servants, and I am
going to ask them, how do we get the job done in ways that not
only meet the letter of the law but the spirit of the law. The
rule of law will be the fundamental principle that will guide
our actions. That is what Administrator Jackson has promised,
and that is what I will deliver.
And then I am going to open a few windows in my office and
around OAR so we can let in some fresh air, that is, if the
windows in a Federal office building actually open. Because
there is lots of work to be done, and we need clean, fresh air,
and we need fresh ideas. Administrator Jackson made a promise
that her EPA will be transparent in its decisionmaking, and
that is again what I will deliver. Because transparency is more
than sharing what the science and the law is telling us, and it
is more than making clear decisions that can stand the test of
time, which we all know is of paramount importance.
Transparency is all about letting in and embracing new
ideas, new technologies and new approaches. No individual
entity or agency, no matter how smart, how old or how
experienced, can afford to stop learning. I can attest through
my own personal experience that brainstorming with oneself is
not very productive. In fact, the most successful people and
agencies I know are open to new ideas, but they also actively
seek them out.
So if I am confirmed, my office will reach out for the best
and the brightest ideas we can find in the world today, so we
can be better prepared for the challenges ahead and all that
the future may bring.
But above all else, if confirmed, I will keep my eyes on
the real prize, that is, saving lives by protecting our
environment. Air pollution kills people and makes them sick, a
lot of people, each and every day, each and every year. And
climate change, if greenhouse gas emissions remain unchecked,
has the potential to rob my children, Daniel, Maggie and Julie,
and to rob all of our children of their rightful future.
So my deliverable, if confirmed, will be clean air and
Federal leadership on climate. If confirmed, I will work
tirelessly to reach out, to listen and to learn both inside and
outside the Agency on behalf of Administrator Jackson. I will
speak plainly and I will speak truthfully about the lives that
are being lost, the responsibilities that we face, the
challenges ahead, the options we have and the opportunities
that we can all realize if we face the future together.
Thank you.
[The prepared statement of Ms. McCarthy follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Boxer. Thank you so much. You made a beautiful
statement.
I just want to ask you two questions, then I am going to
put the rest in the record and you can respond in writing.
Ms. McCarthy, USA Today had this amazing story about the
pollution around schools, toxic pollution, not just the run of
the mill, but toxic pollution. That story broke when
Administrator Jackson was coming before the Committee and she
committed to use whatever authority she had to measure the
amount of this toxic pollution. She has followed up and done
it.
The reason I am so excited about your nomination, first of
all, I think both sides of the aisle agree that you are an
open, wonderful person to deal with, and that is very helpful.
But I think it is so hard for Lisa Jackson to do this job
without someone like yourself backing her up. So my question
is, if confirmed, will you commit to use the full extent of
EPA's authority and to work with us to expand the monitoring
plan around these schools and to address the problem of toxic
air pollution at schools?
Ms. McCarthy. Senator, thank you for the question. First of
all, thank you for your leadership on this issue. I did happen
to catch the video of the hearing for Administrator Jackson,
and I know you challenged her and I do know she stepped up and
she is meeting that challenge. What I will commit to you today
is that the Air Program, under my watch, will have children's
health as the No. 1 issue. As you have recognized, children are
the key to protecting the air quality and the public health in
this Country. If we can protect the children, the adults come
along with it.
So you are absolutely right to point out that issue, and
Administrator Jackson has rallied the resources of the Agency,
and I will, if confirmed, go back to the Agency, get a good
understanding of the schools that they have identified and why.
We will make sure that we work with the State and local level
to do testing that is necessary to identify the risks and to
move forward as quickly as possible to reduce any risks that we
find.
Senator Boxer. I so appreciate that. I think across the
board, we all believe that our kids, the least we can do for
our kids is allow them to grow up in a healthy fashion. Ever
since I came to the Congress, and I learned more about the
danger that children face when we don't face danger, it is the
recognition that children are just not little adults. We tend
to think they are, but everything is changing in their bodies
and they can't handle some of the toxins that we can handle at
our ages.
I know that Senator Carper is a real leader on the mercury
issue. I want to ask you a question about mercury. I know that
you know it is a potent toxin on the human nervous system. And
it is especially dangerous to infants, children and pregnant
women. Coal-fired power plants are one of the biggest sources
of mercury pollution in America. Common sense dictates that we
make every effort to limit exposure to this dangerous toxin.
I know your answer will be yes to this, but I just want to
get it on the record, will you listen to EPA scientists and the
children's health advisors in issuing new mercury air pollution
standards for power plants?
Ms. McCarthy. Yes, I will.
Senator Boxer. I don't have any other questions, but I will
tell you what I am going to do with my last moment. I want to
ask Arvin Ganesan to stand up for a second and make sure our
colleagues know that Arvin worked for Frank Lautenberg for
quite a while here. EPA stole him away from us, and he is
Deputy Associate Administrator at EPA. He is helping with this
confirmation. We just want to say how nice it is to see you
here, our EPA family welcomes you back.
There is one more thing I have to do, I have to ask you, do
you agree if confirmed as Assistant Administrator of EPA's
Office of Air and Radiation to appear before this Committee or
designated members of this Committee and other appropriate
committees of the Congress and provide information subject to
appropriate and necessary security protection with respect to
your responsibilities as Assistant Administrator?
Ms. McCarthy. I do.
Senator Boxer. And do you agree to ensure that testimony,
briefings, documents and electronic and other forms of
communication are provided to this Committee and to its staff
and other appropriate committees in a timely manner?
Ms. McCarthy. I will.
Senator Boxer. And 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 as Assistant Administrator?
Ms. McCarthy. No, I do not.
Senator Boxer. Very good.
Senator Inhofe, the floor is yours.
Senator Inhofe. Thank you, Madam Chairman.
Let me do this, I want to make sure that it is real clear,
because I hold you in a very high regard, I think we are very
fortunate to have someone like you willing to take on a very
difficult task. But I had made the statement that we wanted to
be sure to get some questions responded to by you prior to the
time that your confirmation vote may come up. Yesterday when we
talked I gave you a list of five things, of which you have
already answered four, I think to our satisfaction. I haven't
had a chance to read it yet, so you have been a lot faster than
I have.
The other is, we are going to have questions on the record.
Now, as I understand the rules of the Committee, and I think
you probably are aware of this, but maybe you are not, we have
until Thursday to get our questions into the record, then you
have 1 week after that. So this would mean that the questions
we have given you and those that are on the record, you will
have by Thursday. Then you have 7 days after that to do that.
So I just want to mention that, I want to make sure that
you get on the record on some things that are meaningful to us.
Ms. McCarthy. Senator, I will do everything I can to get
you as complete an answer as possible.
Senator Inhofe. I believe that.
Also, in addition to the questions that the Chairman asked
you, I will ask you a couple of questions that I already asked
you once before, but I would like to do it in the hearing, and
that you would be just as responsive to the minority as you are
the majority in giving us information that we are asking for.
Ms. McCarthy. I absolutely will.
Senator Inhofe. All right. And the other thing I was asking
you, most of your experience has been in the northeast, which
of course is where Lisa Jackson also is from. So I wanted to
ask you about some of your background in dealing with things in
my part of the Country.
Ms. McCarthy. I suppose I should confess that it is not
unusual that we are both from the northeast, because that is
where we got to know each other. Lisa Jackson and I did work on
the regional greenhouse gas initiative together, which is one
of the regional initiatives that I have worked on.
I also work on national issues, Senator. I know that the
issues are unique in every region. I have done considerable
work across the Country. I also chair a national group that is
looking to develop a national greenhouse gas registry, it is
called the Climate Registry. So I do have considerable interest
and expertise and experience in air quality issues across the
Country. I will do my best, as I did in New England, to
represent their interests. If I am confirmed, I will do my best
to represent the national interests to the extent that I can.
Senator Inhofe. All right. That is good.
It is always difficult when we talk on these issues about
the economy and about costs. In fact, some areas you are
precluded from considering the costs. However, in those areas
where the law does not have this restriction, would you do what
you can to, where legally permitted, or I might ask you this,
what approach would you use in balancing the costs with
environmental protection, where the law allows?
Ms. McCarthy. Senator, I will.
Senator Inhofe. All right. We have had several times in the
past, when we are considering and going through all these
things, dealing with CASAC, Clean Air Scientific Advisory
Committee. What do you see as their role and your interaction
with CASAC?
Ms. McCarthy. That committee, Senator, is extremely
important in providing advice to the agency on many critical
issues. I have already in my opening statement made a
commitment that I will let science drive the decisionmaking. I
will listen and be advised by the council. I will work with
Administrator Jackson to do the best I can to meet her
commitment that science is a fundamental principle of the
Agency's decisions, and I will carry that out as well.
Senator Inhofe. Can you think of a scenario by which you
might have to disagree with CASAC?
Ms. McCarthy. I do think that, Senator, there are opinions
that need to come into the agency, there is advice that we need
to take. But we also need to be guided by the rule of law, and
we also need to pay attention to all of the comments that are
produced during a rulemaking procedure, and I will take all
those comments into consideration and I will make sure that all
those comments are fully considered.
Senator Inhofe. I think that is very reasonable. And when I
say that, I have to say that during a Republican
Administration, at that time I believe there were 21 scientists
on CASAC where we found disagreement with them on some things.
There is some level of independence, but in terms of being
guided by science, I think you have answered the question that
you are going to give every consideration to them.
I think Senator Udall would probably agree with my asking
you this question and would want to join in on asking it, and
that is on your views about coal and the future of coal.
Ms. McCarthy. Senator, I agree with the President in his
assessment that coal is a vital resource for the Nation and it
will remain so for a considerable amount of time. The challenge
we have in facing all of our air pollution challenges, as well
as our climate challenges, is to make sure that we produce the
kind of technologies that will keep coal viable and also take
care of the air pollution and the greenhouse gas emissions that
are emanating from those facilities.
We know that coal is here. We need to put our energy and
our ingenuity and our resources to keeping it and making it as
clean as possible.
Senator Inhofe. I appreciate that, because we still have to
run this machine called America. Right now, maybe the
percentage is a little high, but about half the generation does
come from coal. That has to be a consideration.
Madam Chairman, I don't have any further questions and I
have to go to Armed Services hearings. So I thank you very much
for spending the time with me that you did, and I look forward
to working with you.
Ms. McCarthy. Thank you so much, Senator.
Senator Boxer. Senator Inhofe, thank you for your gracious
comments. We hope this nominee does move forward.
I just want to underscore what Senator Inhofe said about,
and I know you will, information that frankly, any committee
member asks for, whatever side of the aisle, it is really
important. Information is power and information is what we
need.
So I know you will do that, but I want to make sure my
colleague understands that when I asked you those series of
questions, it was on behalf of the entire committee, not just
the majority.
Senator Carper, you will finish it up and close it out.
Senator Carper. That is great. We will break for lunch
around 2.
[Laughter.]
Senator Carper. There is a lot of legislation we want to
move while I have this gavel in my hands.
Just to follow up on what Senator Inhofe and Senator Boxer
just said, when I was, oh, I think I had been here about 3,
maybe 4 years as a member of the Senate and a member of this
Committee. We were trying, I offered legislation focusing on
four pollutants from the utility sector, sulfur dioxide,
nitrogen dioxide, mercury and CO2. We asked the
Administration and we asked EPA to model our proposals, the
President's so-called Clear Skies proposal, and a proposal
offered by Senator Jeffords on dealing with carbon dioxide
emissions. And we asked the Administration to model all three
and just share with us the information that came from that.
They wouldn't do it, wouldn't do it under Administrator
Christie Whitman, a close friend of mine, wouldn't do it under
the leadership of Mike Leavitt, a close friend of mine, all
Governors together. It wasn't because they didn't want to, it
was because I think the Administration wouldn't let them.
Finally, we literally held up the nomination of Stephen
Johnson for a while just to make the point that we needed that
kind of information. So having known what it is to feel like
when we were in the minority and not getting the information
that frankly we needed to make those smart decisions, wise
decisions with respect to climate change, I think the points
that you have heard made here in that regard, now that the shoe
is on the other foot, and we are in the majority and in the
White House, that we will be fairer in the way that we respond
and more appropriate in the way we respond to requests. That is
a point I wanted to underline.
In the time we were together recently we had a chance to
talk about the Clean Air Interstate Rule. As you know better
than me, in December the D.C. Circuit Court of Appeals remanded
the Bush administration's Clean Air Interstate Rule and the
decision that essentially keeps the Clean Air Interstate Rule
in place for an undetermined amount of time, while EPA must
rewrite the rule. You come from a State and have worked in a
couple of States that are very much impacted by the Clean Air
Interstate Rule. I would just ask, do you believe that the CAIR
went far enough to help States meet our ambient air qualities?
Ms. McCarthy. Senator Carper, first, let me thank you for
all of your leadership on air quality issues. I think your
State and the States that I have worked for share a common
concern about taking care of the transport of air pollution
that comes from upwind States. I will say that CAIR was a
gigantic step forward, but the lack of CAIR at this point, or
at least phase two, the further reductions and the long-term
strategy, is a significant problem.
I will say, speaking on behalf of the little State of
Connecticut that CAIR actually didn't go far enough.
Senator Carper. In Delaware, we think of Connecticut as a
big State.
Ms. McCarthy. It is a big State, I am sorry, you are
absolutely right.
Senator Carper. Like California.
[Laughter.]
Ms. McCarthy. The huge State of Connecticut, speaking on
their behalf, even with CAIR the State of Connecticut would
never have achieved attainment. So to answer your question, no,
CAIR did not go far enough. We have not yet addressed the
transport of air pollution as we need to. But my understanding
is that EPA is on a 2-year path to correct that. If I am
confirmed, I will tell you that that will be one of the
priorities for me to take care of and to keep them on that time
line.
Senator Carper. When you think of CAIR, and we think of
trying to reduce emissions of sulfur dioxide and nitrogen
dioxide, just talk with us a little bit about where is the
opportunity, the role for the regulators, for the regulatory
agency, EPA to move forward, and what opportunities would you
suggest for us to pursue in the Congress?
Ms. McCarthy. I think that EPA is on some significant time
lines for rulemaking requirements. You have mentioned CAIR. We
also have a utility MACT standard that we need to get out to
deal with mercury and other hazardous air pollutants. We are on
some significant time lines here, and I know that President
Obama and Administrator Jackson want Federal leadership on
greenhouse gases as well. It is my goal to keep my eye on the
prize in terms of rulemaking, but to also work with Congress.
It has been very clear that President Obama wants a cap and
trade program for greenhouses gases at the Federal level. I
will support that in any way I can, and I will work with you
and others. I know you have other legislative initiatives that
you want to propose that will help us align some of our
rulemaking moving forward. I will be happy to help with that as
well.
But in my opinion, it is going to need change in
legislation, as well as moving strongly and quickly on
rulemakings.
Senator Carper. I have worked with several of my colleagues
here on the Committee, most notably Lamar Alexander, for a
number of years, and with Senator Voinovich as well, all of us
ironically all former Governors, who end up here, all of us
worked very actively in the National Governors Association and
played leadership roles there. I had an opportunity to work
closely on these issues here.
When I began in 2001 and 2002 working on clean air issues
involving the utility sector, my initial thought was not to
favor an economy-wide climate change bill, but just to focus on
the utility sector to see if we couldn't get that done. And
while we were focusing on utilities for CO2, we
would also address SOx, NOx and mercury.
My thinking has evolved over time to say that maybe we should
do an economy-wide CO2 bill, but I am still very
much interested in addressing the other issues of
SOx, NOx and mercury, because of health
issues involving your constituents and mine.
In your own thinking, where might a three-pollutant
approach that involves sulfur dioxide, nitrogen oxide and
mercury fit into climate-wide approach on CO2, if at
all? I am almost to the point, I hope we are going to move a
climate-wide bill on CO2. I hope it is going to be a
cap and trade bill, I hope it is a bipartisan bill at the end
of the day. But I also want to make sure we get the rest of the
other three pollutants this year, either in the context of an
economy-wide bill or a CO2 or on its own.
Would you just share your thinking, kind of think out loud
with us on this?
Ms. McCarthy. Senator, as you know, when I was in the
Commonwealth of Massachusetts, way back when, we did actually a
four-pollutant regulation that basically focused on the State's
coal-fired power plants. I am proud of that work. It gave us a
lot of opportunity to create certainty in that regulated
community, so they knew what the target was. It also gave us a
wonderful opportunity to leverage investments in one and do it
in a way that met standards in a second pollutant.
That is the kind of thinking I think that EPA needs to
bring to the table as it coordinates its rulemaking procedures.
And there are opportunities there. There is no question that
some of the changes that you are going to see in terms of
pollution emission technology reductions, the reductions in the
emissions as a result of technologies, will also benefit us
from a CO2 perspective.
But CO2 will be a significant challenge. It is
not just going to be about pollutant emission control
technology. It is also going to be things like investments in
energy efficiency, investments in renewables. It is a much
larger portfolio of tools that you can bring to the table. Many
of those tools are actually going to be economically
beneficial. That is really what we need to bring to the table;
how do we do this in a common sense way, how do we really drive
a clean energy economy.
Senator Carper. Thank you for that response.
My time is expired, I will just ask you to respond briefly
to this. In light of the court decisions regarding mercury and
the Clean Air Interstate Rule and other attempts by the
previous Administration really to delay clean air regulations,
what do you think might be your top two clean air priorities
for this year, for 2009? And how can we help?
Ms. McCarthy. I appreciate that, Senator.
Senator Carper. Especially Senator Udall and me, well, he
has gone. I guess he has bailed on me.
Ms. McCarthy. I will tell you, Senator, that if confirmed I
have to sit down with the professional staff at EPA and we need
to develop a work list. One of the things I was looking at and
thinking about was when Senator Inhofe and Senator Voinovich
were first speaking, they sort of gave a litany of all the
challenges ahead. I felt like going ahh, and running out of the
room a little bit. There is a lot of work that needs to get
done.
But it is very clear to me what the President has on his
mind and it is clear to me what Administrator Jackson has on
her mind. They have a need to establish Federal leadership on
climate. That will be No. 1. And they have a need to address
other air pollutant issues like CAIR and mercury. Those will
always be my top challenges.
Senator Carper. Good. All right. I want to thank you for
being here today. And thank you for your stewardship. I think
it is kind of interesting, you have worked, as I understand it,
your current Governor, what is her name?
Ms. McCarthy. Jodi Rell.
Senator Carper. Jodi Rell, yes. I understand she is a
Republican who succeeded a Republican. And in Massachusetts,
did you work for Governor Romney?
Ms. McCarthy. I did.
Senator Carper. And now you are here in a Democratic
Administration. I think that is interesting. Maybe it explains
at least in part why some of our Republican colleagues who are
here today seemed comfortable with you serving in this role.
What have you found has enabled you to work well within two
Republican administrations in the States of Massachusetts and
Connecticut and now be prepared to come and work in a
Democratic Administration here in our Nation's capital? What is
it about your approach to your responsibilities that enables
you to do that?
Ms. McCarthy. I think it is fairly simple, Senator, I
listen. I try to listen well. And I really have never met and
environmental challenge that couldn't have a common sense
solution, that couldn't be at least addressed significantly in
ways that take the economy in mind and look at jobs. I think
maybe it is my middle class background. I came from a working
family, my dad was a public school teacher in the Boston
schools for 40 years. My mom worked as a waitress, in a
plastics factory, did some nurse's assistant work. My first 11
years working in government was at the local level. I knew the
people that I was regulating. I saw their faces, I heard their
voices. I see them now.
So that no matter what level of government I serve, I
listen to that, and I understand both the need to drive the
reductions we are looking for in terms of emissions and
improving air quality and the value that that brings to public
health.
But I also know that a job is important. I have always had
one, and I always will.
Senator Carper. Thank you for that. My father, who is now
deceased, used to say to my sister and me at least once a week,
sometimes at least once a day, when we pull some boneheaded
stunt, he would say to my sister and me, just use some common
sense. He didn't say it quite that nicely. He said it to us
over and over. And I am sure you can think of things that your
parents said to you to drum into your head. I see your three
children here, they can probably tell us some things that you
say to them, you and your husband say to them, to try to get to
them over and over, unrelentingly. I am tempted to call them to
the witness table.
In fact, let me just ask, while I have time, obviously your
husband and children can't sit at the table and testify on your
behalf, but if they could, what might be some things that they
might say that in your own lives, as you raised all four of
them, or all three of them----
[Laughter.]
Senator Carper. As you have raised them, some things that
they have noticed and seen in you that might suggest you could
do we in this arena?
Ms. McCarthy. That is a really good question. I am glad you
are not asking them.
Senator Carper. Anything come to mind? Maybe it is not a
fair question.
Ms. McCarthy. Actually, I think they know how much I value
work. I do work hard, but I am also a very thoughtful person. I
don't jump to conclusions. When they have asked me crazy
things, I don't jump and say, no, what are you, nuts? We talk
it through and we come to conclusions together. I respect their
opinions and I think they respect mine, and I think that is
what I bring to the table.
Senator Carper. All right, that is good. I think that is
pretty much it.
I want to just mention that some of my colleagues who
couldn't be here, we have other hearings going on. I have
several going on right now that I need to rush off to. But some
of our colleagues are going to be submitting questions in
writing to follow up. They are due, I believe, 10 a.m. next
Thursday. So that gives you about a week to work on your
answers. Judging from what Senator Inhofe said, it sounds like
you are pretty prompt in doing that kind of thing.
We are just delighted that you are here, and happy to have
a chance to meet the members of your family. To those of the
extended clan, wherever they are, Massachusetts or Connecticut,
we extend our best to them.
Ms. McCarthy. Thank you, Senator.
Senator Carper. Thank you so much, and with that, this
hearing is adjourned.
[Whereupon, at 10:50 a.m., the committee was adjourned.]
[Additional statements submitted for the record follow:]
Statement of Hon. Benjamin L. Cardin, U.S. Senator
from the State of Maryland
Madam Chairman, thank you for holding this hearing today.
The range of issues facing the EPA Assistant Administrator
for Air is dizzying.
National air quality for smog and soot and the Clean Air
Interstate Rule, or CAIR,
Controlling mercury emissions,
The acid rain program,
The renewable fuel standard, which we discussed at a
hearing chaired by Senator Carper yesterday,
Atomic radiation standards,
And that doesn't include the preeminent issue of
controlling greenhouse gas emissions in our battle against
global warming, including the California Waiver issue.
We will be looking to you to provide new leadership at EPA.
We need rules and regulations that are based on good science
and the rule of law . . . rules and regulations that don't get
over-turned by the courts.
Your pledge to support sound science and to rely on the
expert advice of Clean Air Act attorneys is refreshing.
I must note that your record in the Federal courts on these
issues has been better than the EPA's in recent years.
The full range of clean air issues are of great importance
to Maryland.
In my State, we had 55 days in 2007 in which air quality
was unhealthy.
Cecil County, as part of the Philadelphia-Wilmington area,
and all the counties which comprise the Baltimore metropolitan
region, are classified as in ``severe'' non-attainment for
ozone. The Maryland counties here in the Washington
metropolitan region are in ``serious'' non-attainment for
ground-level ozone.
Altogether that means more than 5.6 million Marylanders are
forced to breathe unhealthy air every summer. And that's 5.6
million too many.
Smog is more than a nuisance--it is a real and persistent
health threat. For our most vulnerable--our children, the
elderly, and those who are already unhealthy--ozone can lead to
heart and lung damage, and even death.
We have a host of State impacts from other clean air
issues:
Mercury pollution is poisoning our fish . . . and has
led to fish consumption advisories all across the State.
Hazardous air pollutants continue to pose immediate
health threats to many.
Air deposition of nitrogen oxides onto the Chesapeake
Bay watershed is one of the leading causes of nitrogen
pollution in the Bay. Scientists estimate that 30 percent of
the excess nitrogen in the Bay comes from air deposition.
Controlling air pollution is a critical element in restoring
the health of the Chesapeake.
And as I mentioned at the beginning of my remarks, the
effects of global warming are of grave concern. Climate change
is affecting Maryland today. Sea levels are rising, putting
thousands of acres of the low-lying Eastern Shore at risk of
flooding.
On March 18th, Maryland participated in its third cap-and-
trade auction under the Regional Greenhouse Gas Initiative, a
program that you helped design.
The lesson of the RGGI experience is plain and reassuring:
cap-and-trade works.
Thousands of tons of pollution credits were successfully
auctioned,
Electricity prices didn't skyrocket, and
Industries didn't close.
Instead,
Pollution was reduced,
Carbon markets were given certainty, and
Maryland received millions of dollars in auction revenue
that it is using to promote energy conservation, to develop
clean, renewable energy programs, and to provide financial
support for the low income energy assistance program.
I hope that you will take a few minutes today to speak
about RGGI and its effectiveness.
I look forward to Ms. McCarthy's testimony.
Thank you, Madam Chairman.
Statement of Hon. Bernard Sanders, U.S. Senator
from the State of Vermont
The Office of Air and Radiation is responsible for
administering a number of important programs and policies
within the Environmental Protection Agency. These include
programs on energy efficiency and green buildings, greenhouse
gas and air pollution reduction, and radioactive waste. It is
critical that we increase our use of renewable energy and
reduce our emissions.
It is also critical that we protect the public. Vermont
receives a significant portion of its power supply from nuclear
power at the Vermont Yankee plant. I believe it is important
for Federal agencies such as the Office of Air and Radiation to
ensure that regulations relating to the public's health and
safety, particularly during emergencies, should be based on the
best available science.
I am pleased to see the nominee's dedication, reflected in
her statement, to returning EPA to its appropriate role of
being an agency focused on using the best available science in
carrying out national policy objectives. I look forward to
working with the nominee and the Committee to ensure these
important national objectives are realized.
Statement of Hon. John Kerry, U.S. Senator
from the State of Massachusetts
Everyone who knows Gina McCarthy understands that long
before it was fashionable, she lived out a special
determination to make every day Earth Day.
For more than a quarter of a century, she's been absolutely
tireless working to save our planet, holding influential
positions, most of them in Massachusetts.
She's an excellent choice to be Assistant Administrator for
Air and Radiation at the Environmental Protection Agency.
President Obama has promised to make climate change one of
his top initiatives. His choice of Gina is an important step in
making good on that promise. It's crucial that he do so and
that we act quickly--because time is running out.
Ignoring climate change will have devastating effects--more
famine, more drought, more widespread pandemics, more natural
disasters, more resource scarcity, and human displacement on a
massive scale. That's why we're already at work on it in the
Senate Foreign Relations Committee.
Gina is a familiar face for those of us from Massachusetts.
She held a number of high level positions in our State, all of
which she used to improve our environment. That was after she
had the good sense to get a good education in our State--at the
University of Massachusetts and Tufts University.
But she eventually went on to serve Connecticut to be
Commissioner of the State Department of Environmental
Protection. She used that position to produce an innovative
Climate Change Action plan and to push the Regional Greenhouse
Gas Initiative to cap greenhouse gas emissions and create a
region carbon market.
Gina also promoted conservation and the expansion of the
State park system through a great program called ``No Child
Left Inside.'' It's no secret that today's kids spend a great
deal of time indoors. But it was Gina brought them outdoors so
they could experience nature firsthand instead of on TV or on a
computer screen.
Gina has served under two Republican Governors--Mitt Romney
in Massachusetts and Jodi Rell in Connecticut. So her selection
also demonstrates how serious the President is about
bipartisanship.
Gina has demonstrated a level of achievement worthy of this
important position. Economist Gary Yohe thinks so. Yohe, who
shared the 2007 Nobel Prize with Al Gore, said Gina will bring
``energy and excitement'' to the Obama administration.
I couldn't agree more. And as chairman of the Foreign
Relations Committee, I can't wait to work with her and the EPA
to keep the energy and excitement flowing to ensure the long-
term health of our global environment. We've got no time to
waste--and we need Gina at the helm.
Statement of Hon. Edward M. Kennedy, U.S. Senator
from the State of Massachusetts
Chairman Boxer, I appreciate the opportunity to offer my
strong support for President Obama's nominee, Regina McCarthy,
to be the Assistant Administrator for Air and Radiation at EPA.
Ms. McCarthy is an outstanding choice for this important
position. Her strong background in environmental policy at the
State and local levels has given her a sharp understanding of
how essential it is to have the cooperation of all levels of
government, the private sector, and NGOs in pursuing broad
national policies affecting the environment.
Such cooperation will be especially important at a time
when the new Administration and this Committee, under the
extraordinary leadership of Senator Boxer, will be developing a
major initiative to control greenhouse gas emissions and
prevent climate change.
This challenge is urgent, and we have delayed too long
already in meeting it. I'm proud that a leader from
Massachusetts will be at the forefront of this effort in the
Obama administration, especially since coastal States such as
ours are facing an increasingly grave threat from rising sea
levels.
The breadth of issues involving the Office of Air Quality
spans all forms of pollutants, from reducing vehicle emissions
to improving indoor air quality; from controlling environmental
health impacts to encouraging new technology to make the Nation
less dependent on fossil fuels. The mandate is broad, and
Regina McCarthy is an excellent candidate for this position.
I urge the Committee to approve her nomination, and I look
forward to working with her and the Committee on these
fundamental issues in the coming weeks. Thank you for the
opportunity to testify today.
Statement of Hon. Joseph I. Lieberman, U.S. Senator
from the State of Connecticut
Thank you, Chairwoman Boxer.
I strongly support the confirmation of Gina McCarthy to
head the Office of Air and Radiation at the Environmental
Protection Agency (EPA). She is extremely knowledgeable,
accessible and very clearly a passionate environmentalist. She
has been an asset to me and my staff and I was thrilled when
the President announced her nomination.
Ms. McCarthy's strong environmental record speaks for
itself. As Commissioner of Connecticut's Department of
Environmental Protection, Ms. McCarthy worked tirelessly to
protect our State's air, land and water. She helped pioneer our
region's approach to addressing climate change and she is
widely recognized as a chief engineer of the Regional
Greenhouse Gas Initiative.
Since her appointment in 2004, Ms. McCarthy has fought to
improve the integrity of Connecticut's parks and forests and
she has devoted herself to restoring vitality to the Long
Island Sound.
Before coming to Connecticut, Ms. McCarthy served with
distinction in a number of health and environmental roles in
Massachusetts on both the State and Federal level--including
positions with the Stoughton Board of Health and Conservation,
Massachusetts' Hazardous Waste Facility Site Safety Council,
the Massachusetts Toxics Use Reduction Program and the New
England Governor's Environment Committee. Ms. McCarthy served
as Undersecretary of Policy at the Massachusetts Executive
Office of Environmental Affairs and as the Deputy Secretary of
Operations to the Office for Commonwealth Development, where
she oversaw the development and implementation of
Massachusetts' first Climate Protection Action Plan.
We have been lucky to have her in Connecticut, and I know
she will flourish at EPA. I wish her all the best and a hearty
congratulations on her selection to run the Office of Air and
Radiation. She has been a great resource to Connecticut and I
know she will be an asset to the Obama administration.
Thank you.