    [Senate Hearing 111-1190]
    [From the U.S. Government Publishing Office]

                                                           S. Hrg. 111-1190

                   HEARING ON THE NOMINATIONS OF PETER SILVA,
                       STEPHEN OWENS, AND JO-ELLEN DARCY

    =======================================================================

                                    HEARING

                                   BEFORE THE

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS
                              UNITED STATES SENATE

                         ONE HUNDRED ELEVENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                  MAY 12, 2009

                                   __________

      Printed for the use of the Committee on Environment and Public Works

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                                   __________

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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
                                C O N T E N T S

                                  ----------
                                                                       Page

                                  MAY 12, 2009
                               OPENING STATEMENTS

    Boxer, Hon. Barbara, U.S. Senator from the State of California...     1
    Baucus, Hon. Max, U.S. Senator from the State of Montana.........     3
    Carper, Hon. Thomas R., U.S. Senator from the State of Delaware..     5
    Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma...    46

                                   WITNESSES

    Darcy, Jo-Ellen, nominated to be Assistant Secretary of the Army
      for Civil Works................................................     6
        Prepared statement...........................................     8
        Responses to additional questions from Senator Boxer.........    11
        Response to an additional question from Senator Lautenberg...    13
        Responses to additional questions from:
            Senator Inhofe...........................................    14
            Senator Voinovich........................................    19
    Silva, Peter S., nominated to be Assistant Administrator of the
      Environmental Protection Agency's Office of Water..............    21
        Prepared statement...........................................    23
        Responses to additional questions from Senator Boxer.........    26
        Response to an additional question from Senator Lautenberg...    26
        Responses to additional questions from:
            Senator Inhofe...........................................    27
            Senator Voinovich........................................    34
    Owens, Stephen A., nominated to be Assistant Administrator for
      the EPA Office of Prevention, Pesticides and Toxic Substances..    35
        Prepared statement...........................................    37
        Responses to additional questions from Senator Boxer.........    41
        Response to an additional question from Senator Lautenberg...    42
        Responses to additional questions from Senator Inhofe........    42
        Response to an additional question from Senator Voinovich....    45

                              ADDITIONAL MATERIAL

    May 5, 2009, letter from the Water Resources Coalition...........    57
    May 11, 2009, letter from the Water Resources Coalition..........    58
    May 11, 2009, letter from the American Society of Civil Engineers    60

    HEARING ON THE NOMINATIONS OF PETER SILVA, STEPHEN OWENS, AND JO-ELLEN
                                     DARCY

                                  ----------

                             TUESDAY, MAY 12, 2009

                                           U.S. Senate,
                     Committee on Environment and Public Works,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 2:35 p.m. in room
    406, Dirksen Senate Office Building, Hon. Barbara Boxer
    (chairman of the full committee) presiding.
        Present: Senators Boxer, Inhofe, Baucus, Udall, and Carper.

               OPENING STATEMENT OF HON. BARBARA BOXER,
               U.S. SENATOR FROM THE STATE OF CALIFORNIA

        Senator Boxer. The meeting will come to order. I apologize
    for running 5 minutes behind schedule.
        We are here today to consider President Obama's nominations
    for three very important leadership positions at the EPA and
    the Army Corps.
        I would like to start off by welcoming Jo-Ellen Darcy, who
    is nominated for Assistant Secretary of the Army for Civil
    Works. Jo-Ellen has served as professional staff on this
    Committee with distinction and most recently served as an
    advisor to Senator Baucus on the Finance Committee. We are just
    thrilled to see you here.
        The Army Corps has a direct impact on jobs, lives and
    communities. As Hurricane Katrina made clear, people really
    depend on the Corps to safeguard their lives and their
    livelihoods. In my own State of California, the safety of
    thousands of Sacramento residents depends on a system of Corps
    flood control projects. They maintain harbors, such as San
    Francisco, Oakland and Long Beach, facilitating the flow of
    much of our Nation's commerce. As a matter of fact, 40 percent
    of all our imports come through the Long Beach-Los Angeles
    ports. And many of the Nation's most ambitious efforts to
    restore degraded ecosystems such as the Everglades and the
    coasts of Louisiana are led by the Corps.
        In the last Congress, we passed the Water Resources
    Development Act which authorized many important new projects
    and brought about reforms in the way the Corps does business. I
    was very pleased with that. I think that is was 7 years that we
    had not had a water bill, so we got that done. We have a lot
    more work to do with the Corps and we are thrilled that you
    have nominated.
        I would also like to welcome Peter Silva who has been
    nominated to be Assistant Administrator for the EPA's Office of
    Water. This office works to ensure that families have safe
    drinking water and they also work to keep our Nation's rivers
    and lakes clean. We remember the days, at least I do, when our
    lakes were on fire. We do not want to go backward.
        Mr. Silva comes from my home State where he was Senior
    Policy Advisor for the Metropolitan Water District which
    provides drinking water to, Senator Baucus, 19 million people.
    So, he comes to us with tremendous experience. Protecting our
    Nation's waterways has been made much more challenging by
    Supreme Court cases that have undermined the historic scope and
    application of the Clean Water Act and I look forward to moving
    ahead with a legislative solution to the serious problem as
    quickly as possible. I know Senator Baucus, Senator Klobuchar,
    Senator Voinovich, a lot of them are working hard and we are
    talking with the CEQ to resolve this. But your expertise will
    be essential in implementing the innovative clean water and
    drinking water programs that this Committee will be voting on
    Thursday.
        It has been over 20 years since we have reauthorized the
    Clean Water Revolving Fund and more than 12 years since we
    reauthorized the Drinking Water Revolving Fund. I have great
    news from our Committee. The Big Four on this are myself,
    Senator Inhofe, Senator Crapo and Senator Cardin. We have
    reached an agreement to move a bipartisan bill through the
    Committee. So we are really thrilled.
        It is also critical that safe drinking water standards for
    contaminants for perchlorate are finally adopted so that
    drinking water and wastewater requirements are updated to
    reflect the latest science.
        And finally, last but certainly not least, I would like to
    welcome Stephen Owens, who is nominated to be Assistant
    Administrator for EPA's Office of Prevention, Pesticides and
    Toxic Substances. That office helps prevent pollution before it
    is created, to promote safer chemicals, to provide leadership
    in the EPA's scientific decisionmaking on chemical management
    issues. Mr. Owens brings his experience at the Environmental
    Council of the States and as Director of Arizona's Department
    of Environmental Quality.
        I am pleased to see that Mr. Owens has a clear record of
    working to protect children from dangerous chemicals. He
    launched Arizona DEQ's Children's Environmental Health Project
    and he established an Office of Children's Environmental
    Health. We have a duty to protect our children and when we do,
    we will protect the rest of us as well. I will be working with
    my colleague, Senator Lautenberg, and members of this Committee
    to update the toxic laws which do not reflect the most current
    science on these issues.
        I look forward to hearing from the witnesses. But I know
    that Senator Baucus' schedule is beyond explanation and I am
    thrilled that he is here and it is a real tribute to you, Jo-
    Ellen, because I know he very much wants to introduce you. So,
    Senator, if you would like to both make your statement and
    introduce Jo-Ellen, that would be fine.

                 OPENING STATEMENT OF HON. MAX BAUCUS,
                 U.S. SENATOR FROM THE STATE OF MONTANA

        Senator Baucus. Thank you, Madam Chairman, very, very, very
    much. That is very gracious of you and I do want to take the
    opportunity to introduce Jo-Ellen.
        Abraham Lincoln once said----
        Senator Boxer. What an introduction.
        [Laughter.]
        Senator Baucus [continuing]. Character is like a tree, and
    reputation like its shadow. The shadow is what we think of it.
    The tree is the real thing.
        Having known and worked with Jo-Ellen for at least 16
    years, I can assure you that Jo-Ellen has an unprecedented
    knowledge of the Army Corps of Engineers and the highest
    character. She has earned her reputation. Jo-Ellen is the real
    thing.
        She joined the staff of this Committee in 1993 when I
    became Chairman. She worked on the Committee for more than a
    decade. She was responsible for, among other things,
    legislation relating to the Clean Water Act, Safe Drinking
    Water Act and Endangered Species Act. Perhaps her most
    important contribution in this area was her work on the Safe
    Drinking Water Act of 1996 which, in my mind, is a model
    environmental law. Why? Because it makes the law work more
    efficiently for cities and towns while at the same time it
    improves the protection of public health.
        Most relevant to the position to which she has been
    nominated, Jo-Ellen is also the principle staffer responsible
    for legislation relating to the Water Resources Development Act
    which we around here know as WRDA. And she became one of the
    Nation's foremost authorities on that law.
        During her tenure, Jo-Ellen helped pass some of the Corps'
    most sweeping initiatives, from restoring the Everglades to
    protecting New Orleans in the wake of Hurricanes Rita and
    Katrina, to requiring independent peer review of Corps
    projects, something we all worked on quite aggressively.
        Jo-Ellen's work has restored ecosystems, improved public
    safety, repaired our water infrastructure and made the Corps
    more transparent and accountable. If confirmed, I know she will
    continue to improve the work of the Army Corps of Engineers.
        In 2006, I was able to persuade Jo-Ellen to join the staff
    of the Senate Finance Committee where she has been instrumental
    in developing a series of tax incentives for environmental
    protection including those enacted as part of the Farm Bill.
    Jo-Ellen has a record of great accomplishments which is
    reflected in important environmental laws and in environmental
    restoration projects all across the Country. She knows the
    Civil Works Program of the Army Corps of Engineers as well as
    anyone. She knows the law. She knows Congress, in particular,
    the Senate and its committees. And she is uniformly respected
    for her effective, pragmatic, bipartisan approach to her work.
        On a personal note, I would like to add that Jo-Ellen has
    achieved all of these accomplishments not only because of
    brains and hard work, but also because of her values. Her
    father, Dick Darcy, was a detective on the Fitchburg,
    Massachusetts police force. He and his wife, Jean, raised Jo-
    Ellen to have strong values, especially fairness and open-
    mindedness, qualities that will serve her well.
        I am sure that, although he has passed away, Dick Darcy
    would be very proud of his daughter today. I know that Jo-
    Ellen's mom, who was not able to travel here today, and her
    sisters and brothers and cousins and nieces and nephews and
    believe me, I know a whole lot of them, could not be more
    pleased and proud for her nomination.
        Like each of us here, I believe that there are few higher
    callings than public service. Jo-Ellen Darcy is the epitome of
    someone who has devoted her professional career to service. And
    I could not be more proud that the President has nominated her
    to serve as Assistant Secretary for the Army Corps for Civil
    Works. Jo-Ellen is the real thing.
        Thank you, Madam Chairman.
        [The prepared statement of Senator Baucus follows:]

                  Statement of Hon. Max Baucus, U.S. Senator
                           from the State of Montana

        I want to spend a few minutes at the beginning of today's
    hearing introducing a woman who needs no introduction to this
    Committee--Ms. Jo-Ellen Darcy, who has been nominated by the
    President to be Assistant Secretary of the Army for Civil
    Works.
        Abraham Lincoln once said ``character is like a tree and
    reputation like its shadow. The shadow is what we think of it;
    the tree is the real thing.''
        Having known and worked with Jo-Ellen for the last 16
    years, I can assure you that Jo-Ellen has an unprecedented
    knowledge of the Army Corps of Engineers and the highest
    character. She has earned her reputation. Jo-Ellen is the real
    thing.
        Jo-Ellen joined the staff of this Committee in 1993, when I
    became Chairman. She worked on the Committee for more than a
    decade. She was responsible for, among other things,
    legislation relating to the Clean Water Act, the Safe Drinking
    Water Act, and the Endangered Species Act. Perhaps her most
    important contribution, in this area, was her work on the Safe
    Drinking Water Act of 1996, which is, to my mind, a model
    environmental law because it makes the law work more
    efficiently for cities and towns at the same time that it
    improves the protection of public health.
        Most relevant to the position to which she has been
    nominated, Jo-Ellen also was the principal staffer responsible
    for legislation relating to the Water Resources Development
    Act, or WRDA, and she became one of the Nation's foremost
    authorities on that law.
        During her tenure, Jo-Ellen helped pass some of the Corps'
    most sweeping initiatives--from restoring the Everglades to
    better protecting New Orleans in the wake of Hurricanes Rita
    and Katrina to requiring independent peer review of Corps'
    projects.
        Jo-Ellen's work has restored ecosystems, improved public
    safety, repaired our water infrastructure, and made the Corps
    more transparent and accountable. And if confirmed, I'm sure
    she will continue to improve the work of the Army Corps of
    Engineers.
        In 2006, I was able to persuade Jo-Ellen to join the staff
    of the Senate Finance Committee, where she was instrumental in
    developing a series of tax incentives for environmental
    protection, including those that were enacted as part of the
    Farm Bill.
        Jo-Ellen Darcy has a record of great accomplishment, which
    is reflected in important environmental laws and in
    environmental restoration projects all across the country. She
    knows the civil works program of the Army Corps as well as
    anyone. She knows the law. She knows Congress, and, in
    particular, the Senate and its committees. And she is uniformly
    respected for her effective, pragmatic, and bipartisan approach
    to her work.
        On a personal note, I'd like to add that Jo-Ellen has
    achieved all of these accomplishments not only because of
    brains and hard work, but also because of her values. Her
    father, Dick Darcy, was a detective on the Fitchburg,
    Massachusetts, police force. He and his wife, Jean, raised Jo-
    Ellen to have strong values, especially fairness and open-
    mindedness, qualities that will serve her well.
        I am sure that, although he has passed away, Dick Darcy
    would be proud of his daughter today. And I know that Jo-
    Ellen's mom, who was not able to travel here today, and her
    sisters, brothers, cousins, nieces, and nephews, could not be
    more pleased and proud about this nomination.
        Like each of us here, I believe that there are few higher
    callings than public service. Jo-Ellen Darcy is the epitome of
    someone who has devoted her professional career to service, and
    I could not be more proud that the President has nominated her
    to serve as Assistant Secretary of the Army for Civil Works.
    Jo-Ellen is the real thing.

        Senator Boxer. Well, I do not think you have to say
    anything for yourself when we get to you other than hi and I
    think you had us at hi.
        [Laughter.]
        Senator Boxer. Anyway, Senator Baucus, really, thank you so
    much for taking the time. I think, you know, there is something
    to be said about this that we know that our success depends on
    the people we have around us. There is no question. If we did
    not have loyal, dedicated staff, how could we possibly do it?
    There are hundreds of issues and we count on people like Jo-
    Ellen and a lot of them that are sitting behind me and behind
    Max and Tom right now. It is a real tribute, Senator Baucus,
    that you came over and made that eloquent introduction. And if
    you need to go, we totally understand.
        Senator Baucus. Thanks, Madam Chairman. One other point
    here. Jo-Ellen is one of those people who, if you ask to do
    something, you do not give it a second thought because you know
    it is done. She is one of those people who, if she says she is
    going to do something, you know it is going to be done. It is
    because she cares and she works so hard. They do not come much
    better than Jo-Ellen Darcy and we are very lucky to have her.
        Senator Boxer. But other than that, you do not have any
    good words about her?
        [Laughter.]
        Senator Baucus. Nothing at all.
        Senator Boxer. Thank you. Senator Udall.
        Senator Udall. That was quite a resounding endorsement by
    Senator Baucus.
        I am going to hold my questions and hold my opening until
    we get to the questioning of the witnesses here.
        Thank you, Madam Chair.
        Senator Boxer. Senator Carper.

              OPENING STATEMENT OF HON. THOMAS R. CARPER,
                U.S. SENATOR FROM THE STATE OF DELAWARE

        Senator Carper. Thank you, Madam Chair.
        I was wondering what I was going to say to Jo-Ellen Darcy
    but Senator Baucus mentioned it: if you want to get something
    done, Jo-Ellen is the person to get it done. If she says she
    will get it done. I would like to take about 5 minutes and talk
    about beach replenishment.
        [Laughter.]
        Senator Carper. In fact, those beaches on DelMarVa and
    throughout the--no, I am just kidding.
        I had the privilege of working with Jo-Ellen when she was
    here and on Finance and she is just a delight and every bit as
    good as Senator Baucus has said. We welcome you. We welcome
    each our other witnesses.
        I was very pleased to spend some time with Mr. Silva the
    other day and I think the Administration has once again picked
    some terrific people to serve in the executive branch of the
    Government. At least in one respect that is our loss, in the
    legislative branch, but we look forward to working with each
    one of you and hope that you are confirmed and hope you are
    confirmed promptly. To the extent that we can be helpful in
    that process, and I think we can, we certainly want to be.
    Congratulations and good luck.
        Thank you.
        Senator Boxer. Thank you so much, Senator.
        So, since, Jo-Ellen, you were introduced specially by
    Senator Baucus, we are going to go this way down the row and
    ask of you to please, if you have any family or friends that
    you would like to introduce, feel free to so do.
        So, Jo-Ellen, the time is yours.

        STATEMENT OF JO-ELLEN DARCY, NOMINATED TO BE ASSISTANT
                 SECRETARY OF THE ARMY FOR CIVIL WORKS

        Ms. Darcy. Chairman Boxer, Senator Inhofe, members of the
    Committee, I am honored and privileged to be here today as
    President Obama's nominee to be Assistant Secretary of the Army
    for Civil Works.
        I also want to take a minute to thank Senator Baucus for
    the very kind and generous words that he had to say about me.
        I am here today because of my experience with the Corps and
    its mission, but I am also here because of the love and support
    of family and friends. As Senator Baucus said, most of my
    family could not make it to Washington today but are watching
    via your Committee website at home. One of my sisters was able
    to be here today and I would like to introduce her, Dr.
    Margaret Darcy. She is sitting here in the audience.
        Senator Boxer. Please stand if you would.
        [Laughter.]
        Ms. Darcy. I have several friends and colleagues, both
    current colleagues and former colleagues, who are here today
    and I would like to thank them for their support and guidance
    over the years.
        There is one very important person who is not here today
    and that is my dad. I know he is watching from on high and
    saying to me what he always said to us. My father taught us,
    ``yes, we can'' long before President Obama reminded us of that
    fact. He was the ultimate public servant, serving more than 25
    years as a police officer and gave us every opportunity to
    succeed at whatever we tried.
        I have sat at this witness table many times, not as a
    Presidential nominee, but as a Committee staffer, ready to
    answer your questions on the legislation we were considering. I
    spent more than 13 years sitting on the bench behind you during
    hearings and markups, even before there was a bench behind you.
        Regardless of where I sit, on the staff bench or at this
    witness table, the Senate Environment and Public Works
    Committee will always be where I came from and I am grateful
    for that.
        I know that the position for which I have been nominated
    promises to be the greatest challenge of my career. I do not
    take this challenge lightly. I approach it with humility and
    dedication.
        My experience as a Senate staffer for the last 16 years and
    my time working on Great Lakes issues for Governor Jim
    Blanchard of Michigan, has given me the opportunity to work
    with the Corps of Engineers on project authorizations and
    policy development. There is not a more dedicated group of
    public servants than the men and women of the Corps.
        The Corps of Engineers has a great history. The Army
    established the Corps as a separate, permanent branch in 1802.
    Since then, the Corps has responded to changing defense
    requirements and played an integral part in the development of
    this Country. Throughout the 19th century, the Corps built
    coastal fortifications, eliminated navigational hazards,
    explored and mapped the Western frontier and constructed
    lighthouses, jetties and piers for harbors, and building and
    monuments right here in the Nation's capital.
        In the 20th century, the Corps became the lead Federal
    flood control agency and significantly expanded its civil works
    activities becoming, among other things, a major provider of
    hydroelectric energy and the Country's leading provider of
    recreation. In the late 1960s, the Corps became a leading
    environmental and preservation agency. It now carries out
    natural and cultural resource management programs at its water
    resources projects and regulates activities in the Nation's
    wetlands.
        As the Corps moves into the 21st century, I am confident
    that they will to rise to new challenges. Faced with a limited
    budget, tackling the job of refurbishing the Nation's aging
    water infrastructure will require the ingenuity that the Corps
    has demonstrated throughout its history. Balancing the
    competing water resources needs throughout the Country will
    take a national vision while recognizing regional differences.
    Preserving and creating wetlands, affording recreational
    opportunities, and maintaining the world class navigation
    system that this Country enjoys is integral to that national
    vision.
        If confirmed, I look forward to navigating the Corps
    through the challenges ahead.
        I want to thank you for the opportunity to testify and will
    answer any questions.
        Thank you.
        [The prepared statement of Ms. Darcy follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Boxer. Thank you.
        Peter Silva, nominated for Assistant Administrator, EPA
    Office of Water.

        STATEMENT OF PETER S. SILVA, NOMINATED TO BE ASSISTANT
     ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY'S OFFICE
                                OF WATER

        Mr. Silva. Thank you, Madam Chairman.
        Please allow me to express my gratitude to you, Madam
    Chair, and Ranking Member Inhofe, for holding this hearing and
    to all of the Committee members for the environmental
    leadership that you provide.
        First of all, let me introduce my wife of 32 years, Ana
    Silva, and our son, Diego, who have come here from San Diego to
    be with us today.
        Senator Boxer. Welcome.
        Mr. Silva. My mom wanted to be here today but she is 90 now
    and it is hard for her to travel. But she is here in thought
    with us.
        I am humbled that President Obama has nominated me for the
    position of Assistant Administrator for Water at the U.S.
    Environmental Protection Agency. I am also honored that EPA
    Administrator Jackson has expressed her confidence in my
    ability to work as part of her team.
        I have worked all my professional career of nearly 32 years
    in the water and wastewater fields. Since graduating from Cal-
    Poly Pomona with a degree in Civil Engineering, I have held a
    number of positions in the public sector related to both the
    provision of drinking water and the management of wastewater. I
    have served agencies at the local, city, State, Federal and
    international levels. In serving for those agencies, I have
    been both a regulator and someone who has been regulated. I
    believe this experience gives me a unique perspective on what
    it takes to bring divergent views on an issue together to try
    to find the common ground.
        Within my career, I have seen how effective the Clean Water
    Act, the Safe Drinking Water Act, and other laws have been in
    protecting and enhancing the water resources of this Nation. We
    have made great progress in addressing point source pollution
    and in establishing key regulations to make our drinking water
    safe and reliable. A key component of that success has been the
    Federal funding made available to States and communities to
    build needed water and wastewater infrastructure.
        However, despite the considerable progress we have made in
    the last three decades, we now see additional challenges have
    arisen in the areas of non-point source pollution and in new
    emerging pollutants of concern. Some of our great water bodies
    are now threatened and the health risks of these new pollutants
    need to be better understood and addressed.
        The challenges we face now are similar in scope to those we
    confronted in the late 1960s and early 1970s. We need to
    confront them with a similar national leadership. We will need
    new models of collaboration, especially since some of these
    major challenges impact multiple States, tribes and
    jurisdictions. Additionally, we must analyze when and how
    regulatory frameworks can be used to accomplish the most
    efficient results. Finally, we need to carefully consider how
    to ensure that our water, wastewater, and storm water
    infrastructure can be better financed and managed sustainably.
        As we move forward to address these pressing challenges to
    our Nation's waterways, I believe we have a unique opportunity
    to work with stakeholders at all levels of government, as well
    as non-governmental organizations, in crafting new solutions
    for this new generation of issues.
        I am really excited about the opportunity to serve EPA and
    our Country at this time in our history. I pledge to work with
    this Committee, Congress and the Administration in protecting
    America's waters so that they can be used and enjoyed by all
    citizens.
        Again, thank you for this opportunity.
        [The prepared statement of Mr. Silva follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Boxer. Thank you, sir.
        And now, last but not least again, Stephen Owens, nominee
    for Assistant Administrator, EPA Office of Prevention,
    Pesticides and Toxic Substances.

       STATEMENT OF STEPHEN A. OWENS, NOMINATED TO BE ASSISTANT
    ADMINISTRATOR FOR THE EPA OFFICE OF PREVENTION, PESTICIDES AND
                            TOXIC SUBSTANCES

        Mr. Owens. Thank you, Madam Chairman.
        First of all, please let me thank you and Ranking Member
    Inhofe for holding this hearing and giving me the opportunity
    to be here. I also want to thank Senator Inhofe, Senator Udall
    and other members of this Committee and their staff for taking
    the time to meet with me during this past week. I appreciated
    that very much.
        Also, Madam Chairman, if I may, I would like to introduce
    my wife, Karen Owens, who is here with me today. She is sitting
    behind me.
        Senator Boxer. Welcome, Karen.
        Mr. Owens. Karen and I have two terrific teenage boys, John
    and Ben, who are back home in school today but are very much
    with us in spirit.
        I am extremely honored to have been nominated by President
    Obama to be the Assistant Administrator for the Office of
    Prevention, Pesticides and Toxic Substances at the
    Environmental Protection Agency. The President and
    Administrator Lisa Jackson have made addressing toxic chemicals
    a top priority for EPA.
        I grew up in a poor family. We lived in public housing for
    a time when I was young and I had part-time jobs while growing
    up to help make ends meet.
        I worked my way through college and law school with the
    help of work-study jobs and student loans. I was fortunate to
    be admitted to Brown University, where I graduated with honors,
    and thereafter to attend Vanderbilt Law School, where I was
    Editor in Chief of the Law Review.
        I have always had a deep commitment to public service. For
    the last 6 years, as you indicated, Madam Chairman, from
    January 2003 until January of this year, I served as Director
    of the Arizona Department of Environmental Quality under
    Governor Janet Napolitano, making me the longest serving
    Director in ADEQ's history. As Arizona's environmental
    protection agency, ADEQ is responsible at the State level for
    many of the programs overseen by OPPTS.
        As the father of a son with asthma, I made protecting
    children's health and reducing children's exposure to toxic
    pollutants a top priority at ADEQ. In early 2003, I launched
    the Children's Environmental Health Project and I later
    established an Office of Children's Environmental Health at the
    Department. Among our many efforts, we worked with schools to
    protect children from exposure to lead in drinking water,
    reduced mercury-containing equipment in schools and minimized
    the use of pesticides on school properties through integrated
    pest management. We promoted environmentally healthy schools
    and ``green'' schools, and we required facilities with permits
    or approvals from ADEQ to ensure that their activities do not
    present environmental health risks to our children.
        In pollution prevention, we launched initiatives to remove
    mercury switches in old motor vehicles, help businesses
    implement environmental management systems, promote the
    construction of ``green'' buildings and assist facilities
    seeking LEED design and certification. We also worked closely
    with Indian nations in Arizona to reduce toxic pollution on
    tribal lands.
        We established an aggressive outreach effort to help local
    businesses and communities reduce exposure to asbestos hazards
    in aging buildings, especially in rural communities like those
    along Old Route 66 in Northern Arizona, where many historic old
    buildings have asbestos.
        Prior to becoming ADEQ Director, I was privileged to serve
    as a member of the Joint Public Advisory Committee of the North
    American Commission on the Environmental Cooperation where we
    addressed issues such as persistent organic pollutants,
    agricultural biotechnology, lead contamination and the
    development of regional action plans for toxic substances,
    among many other matters.
        I began my Government service years ago in the early 1980s
    on the staff of the U.S. House Committee on Science and
    Technology. There I learned about a wide array of programs and
    activities, as well as emerging issues and technologies which
    are now within the purview of OPPTS.
        My experiences with the Science and Technology Committee
    and elsewhere have led me to the strong belief that science
    must be the basis for what EPA does, as Administrator Jackson
    said in her testimony before this Committee in January. I
    strongly agree with Administrator Jackson that EPA's scientific
    decisions should reflect the expert judgment of the Agency's
    career scientists and independent advisors, and I pledge that
    if I am confirmed as Assistant Administrator, the actions of
    OPPTS will be based on science and the rule of law.
        Madam Chairman, thank you again for the opportunity to be
    here today and I look forward to answering any questions that
    you may have.
        [The prepared statement of Mr. Owens follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Boxer. Thank you so much.
        Senator Inhofe.

              OPENING STATEMENT OF HON. JAMES M. INHOFE,
                U.S. SENATOR FROM THE STATE OF OKLAHOMA

        Senator Inhofe. Thank you, Madam Chairman. I will be very
    brief.
        First of all, I was glad to be able to meet with Mr. Owens
    and Mr. Silva in my office and, of course, everyone knows Jo-
    Ellen Darcy and why in the world you are willing to do this, I
    do not know, but I am glad you are.
        [Laughter.]
        Senator Inhofe. It is a tough job, and after all of the
    water bills that we have been through, and now you are going to
    be on the other side of this thing. So, it really will be
    helpful for us to know that we are dealing with someone who has
    been there, has done that, and recognizes the problems and the
    needs that are really critical.
        I think, Mr. Silva, as I told you in my office, the water
    situation in my State of Oklahoma, is one of the big issues.
    You and I talked about some of the ways we are going to
    approach that. And the same thing I would say for Mr. Owens who
    has a very similar background in his State of Arizona that we
    have and some of the same problems that we have in Oklahoma. We
    think, and we dealt with this, we are dealing with chemicals
    for several years on this Committee and we have got to keep in
    mind that we want to protect the public but we need the
    chemicals. It is a balance and I think it is one that you are
    uniquely qualified to handle.
        So, I am looking forward to supporting the nomination of
    all three of you, then working with 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

        Madam Chairman, I am delighted to welcome our nominees
    today.
        I have met with Peter Silva and Stephen Owens, and I know
    Jo-Ellen Darcy, so I have been able to determine to some degree
    their perspectives on issues. I do, however, have a few
    questions I would like to ask today.
        Water issues are vitally important to my State of Oklahoma.
    It is encouraging that Mr. Silva comes from the west. It means
    he has seen firsthand the challenges that face those of us who
    live in areas where the cost and availability of water are
    significant factors. I trust Mr. Silva will handle water issues
    at the Environmental Protection Agency with a great deal of
    sensitivity to the needs of States like mine that face
    significant water problems. I want to discuss with him how we
    can do a better job of helping small communities that can't
    afford to meet Washington's unfunded water treatment mandates.
        As for Mr. Owens, his responsibilities will include
    overseeing the handling of chemicals that are essential to our
    safety, quality of life and economic well-being. There are
    issues involving the registration and use of chemicals that we
    need to address so that we can protect the public while
    maintaining the Nation's economic vitality. I want to explore
    how we will find the right balance.
        Those of us who have been Members of EPW for a while have
    seen Jo-Ellen Darcy sitting at that witness table many times as
    a staffer answering questions about various pieces of
    legislation. Today she sits there as President Obama's nominee
    to be the Assistant Secretary of the Army for Civil Works. I'm
    not convinced that she's not simply jumping from the frying pan
    into the fire, but I offer my sincere congratulations
    nonetheless. Jo-Ellen appeared before the Armed Services
    Committee 2 weeks ago, but I'd like to reiterate in this
    hearing room how pleased I was to hear of her nomination. Her
    intelligence, honesty and ability to work with people
    advocating a wide range of policy positions made her
    instrumental to the development of the past several Water
    Resources Development Acts, including WRDA 2007. I believe
    these traits will also serve her well as the next ASA, and I
    look forward to working with her in that capacity.
        I want to ask each nominee one question right at the top,
    and that is whether each of you will agree to answer the
    questions and correspondence from the minority members of this
    committee as quickly as possible, and with the same diligence
    as you would with communications from the majority members?
        Thank you, Madam Chairman.

        Senator Boxer. Thank you so much, Senator.
        Now, a lot of us will put questions into the record and how
    many days would we ask them to respond? If you could respond by
    close of business on Thursday because we are very anxious to
    vote you out of Committee. We are very pleased that Senator
    Inhofe is supporting all three of you. This is very good for
    us.
        Let me ask my first question to Jo-Ellen Darcy, and it has
    to do with Sacramento flood control. I think you are aware of
    the pressing need for adequate flood protection in the
    Sacramento region. In terms of the people who are at risk, it
    just dwarfs anything else you can imagine. There is a lot that
    has to be done. So this is, basically, I am asking you to make
    a commitment to me to provide this Committee with an update on
    the Corps' progress toward meeting Sacramento's remaining flood
    control needs and to work with this Committee to ensure that
    these projects proceed in an expedited manner.
        Ms. Darcy. If confirmed, I absolutely will.
        Senator Boxer. All right. And I have some other questions
    to follow up but I will not do them now. I will do them in
    writing.
        In terms of Corps reform, many reforms were included in the
    2007 WRDA Bill. I know you were very aware of these. One of
    them is an independent peer review of Corps projects and
    updating the Corps planning guidelines. If confirmed, will you
    make it a priority to ensure that these provisions of WRDA 2007
    are being quickly implemented in accordance with congressional
    intent and to give us an update on the status of the
    implementation as soon as you can?
        Ms. Darcy. If confirmed, I will, Senator.
        Senator Boxer. Very good. And on the stimulus, we wanted to
    make sure that you would commit to regularly report to this
    Committee on the expenditure of Recovery Act funding that goes
    through the Corps, to do everything in your power to ensure
    that these funds are spent quickly and efficiently.
        Ms. Darcy. Yes, I will.
        Senator Boxer. That is excellent. So we really will be
    calling on you.
        Mr. Silva, I am very proud to have a hometown guy here for
    me and I compliment you on your great work at home because most
    people do not look at water districts the way we do at home.
    You know, there was a whole movie made about water in
    California. It was called Chinatown. And, if you remember, the
    whole theme of it is getting water into the southern part of
    the State was the biggest issue.
        Water is probably one of our top issues because we have
    droughts, I will not mention global warming but for some reason
    they are increasing, we have problems and we are going to have,
    it looks like because of the excellent bipartisan work of
    Senator Inhofe, Senator Carper and Senator Crapo, it looks
    really good that we are going to have this revolving fund for
    both clean water and drinking water coming before us.
        Do you commit to work with this Committee to ensure that we
    are adequately investing in the Nation's wastewater and
    drinking water infrastructure?
        Mr. Silva. Yes, Madam Chair, I do.
        Senator Boxer. Good. And will you also give us updated
    reports on how the stimulus funding is going as it goes through
    your area of expertise?
        Mr. Silva. Yes, if confirmed I surely will, Madam Chair.
        Senator Boxer. Excellent. And, I am worried about
    perchlorate in water. We know we have seen many investigative
    reports that it shows up in mother's milk. We know that it is
    all over the Country, almost in every State, not quite. If
    confirmed, do you commit to assess whether EPA has sufficient
    data to regulate perchlorate in drinking water and to issue an
    opinion within the next 3 months of your tenure?
        Mr. Silva. Yes, if confirmed, I will certainly try to do
    that.
        Senator Boxer. All right. You will try to do that. If you
    cannot do that in 3 months, I expect to know why because this
    has gone on and one. So we are going to hold you to a report
    and hope that we do not have to have an argument about it here.
        The other issue is pharmaceuticals in water. EPA is part of
    an interagency group examining the scientific and regulatory
    nature of this issue. If confirmed, will you commit to make the
    record of your office's participation in this group public and
    to step up EPA's water quality monitoring efforts for
    pharmaceuticals?
        Mr. Silva. Yes, I will.
        Senator Boxer. OK. Very good. We have so many things going
    on here for all of you.
        In 2008, EPA issued a Clean Water Act rule that regulated
    CAFOs, the Concentrated Animal Feeding Operations. If
    confirmed, do you commit to update Committee staff within 30
    days of your confirmation on EPA's enforcement effort under the
    rule?
        Mr. Silva. If confirmed, yes, I will.
        Senator Boxer. OK. And we have some other questions for you
    but my time is running out so I am going to turn to Stephen
    here. Let us see, where are Stephen's questions? I think they
    are right here.
        Chemical regulations. By the way, I was touched by your
    saying you have a child with asthma because Senator Lautenberg
    is always reminding us that he has a grandson with it and you
    know, people think that because there is so much asthma maybe
    it is not serious. It is very, very, very scary for a parent or
    a grandparent to see a child gasping for breath. And so, I
    think, frankly, the fact that you have lived with this, we do
    not ever have to say to you, you know, do you care about kids
    here because I know you know that kids are not little adults,
    they are different from us, and they need attention.
        If confirmed, do you commit to provide technical advice and
    other assistance to my staff who are working with Senator
    Lautenberg's staff to modernize our Country's system for
    regulating toxic chemicals?
        Mr. Owens. Yes, Senator, if confirmed I pledge to work with
    you on that.
        Senator Boxer. Thank you. EPA is currently considering how
    to regulate coal ash. We all know of that disaster that
    happened in Tennessee in their Kingston plant. However EPA
    decides to proceed, and I asked Lisa Jackson about it this
    morning, there is a need for EPA to investigate the potential
    for coal ash to leech toxic metals and to prevent such
    pollution. If confirmed, do you commit to help try to find ways
    to reduce pollution problems caused by heavy metals in coal
    combustion waste?
        Mr. Owens. Yes, Senator, if confirmed, I look forward to
    working with you on that and with the offices at EPA that are
    looking at that issue to address that problem.
        Senator Boxer. I also have additional questions for all of
    you but right now, Senator Inhofe, do you have any questions in
    addition to your opening statement? Do you have any questions
    in addition to the opening statement?
        Senator Inhofe. Yes, just a couple of questions.
        Senator Boxer. Go ahead.
        Senator Inhofe. Mr. Silva, first I would say, do you
    believe the Federal jurisdiction of the Clean Water Act should
    extend beyond navigable waters?
        Mr. Silva. Senator, on that point, I would like to let you
    know that when I was on the State water board, we had the first
    SWANCC decision come down which created quite a bit of
    confusion in terms of jurisdiction and I understand that the
    Rapanos case has made that murkier. But I do believe that for
    EPA it is very critical that we have a better definition of
    navigable waters.
        Senator Inhofe. I think you are right and I would only ask
    that as you are progressing along these lines that you and I
    can talk about it. We have problems. I suspect they are not
    unique to Oklahoma. But I do know that we have problems with
    waters in ditches and things that we have to be able to use
    some logic on.
        What role do you believe States should play in setting
    water quality standards?
        Mr. Silva. Well, Senator, I think the States have a very
    critical role in that area in terms of some of their own State
    regulations where Federal regulations do not apply, but also
    just in terms or providing input to the Federal Government on
    how to set those standards.
        Senator Inhofe. Yes. Yes. It is very difficult for me to go
    back to my State of Oklahoma when something that they have had
    very strong feelings about and are doing very well is in
    jeopardy because of some Federal regulation. So again, this is
    another thing where I think you, being a very reasonable
    person, we will be able to talk about these things.
        And the same with you Mr. Owens. Let me ask you a question.
    What is your philosophy on how best to assess the risks of
    chemicals?
        Mr. Owens. I am sorry, I did not hear the last word after
    risk.
        Senator Inhofe. Assessing the risk of chemicals, how to
    best do it. What is your philosophy? What do you keep in mind
    when you're trying to assess those risks?
        Mr. Owens. Well, Senator, I think the primary consideration
    that has to weigh not only on that issue but on any issue in
    front of the Office of Prevention, Pesticides and Toxic
    Substances is what does the science say? We really do need to
    be governed by the science as well as the rule of laws as
    indicated in my statement and my responsibility as the
    Assistant Administrator, if I am confirmed, is to provide
    vision and direction to the Office of Prevention, Pesticides
    and Toxic Substances so that the science can come forward and
    we can make decisions based on that. That is the commitment I
    make to you here today.
        Senator Inhofe. That is what I appreciate very much.
        And Ms. Darcy. I guess it is not Jo-Ellen anymore. We have
    a problem in Oklahoma that a few other States have, and that is
    that even when there is available municipal water supply
    storage at the existing reservoirs, which we have more than
    most other States do in the State of Oklahoma, and the price of
    that water supply storage makes it prohibitively expenses. Do
    you know how long it has been since this policy has been
    reevaluated? Has anyone looked into it recently?
        Ms. Darcy. Senator, I do not know how long it has been
    since it has been looked like but I know----
        Senator Inhofe. Do you think it is a good idea to look into
    it again?
        Ms. Darcy. I do. It seems as though every water bill
    someone has an issue with pricing for water storage so it is
    probably something that we do need to take a look at.
        Senator Inhofe. And you have been here and we have talked
    about what was, it is not now, but what was the most serious
    Superfund site called Tar Creek in the State of Oklahoma. We
    have done a great job, everyone has pulled together and we
    finally got even the Department of the Interior and all of the
    lawyers to talk to each other and so we are doing really great.
    Is there a lot left to be done that would affect the Corps of
    Engineers in terms of the land that is left there? We are
    pretty much OK on the relocations and some of those things, but
    the Corps will be involved and I would hope that you would be
    very sensitive to finishing up what we have started and working
    with me together on that as one of your priorities.
        Ms. Darcy. I look forward to it.
        Senator Inhofe. We have one question we ask everyone and I
    would like to have all three of you verbally respond, if you
    would. I am going to ask each nominee one question right at the
    top, and that is whether each of you will agree to answer the
    questions and correspondence from the minority members of this
    Committee as quickly as possible and with the same diligence as
    you would with communications from the majority members.
        [Witnesses respond in the affirmative.]
        Senator Inhofe. Thank you very much. Thank you, Madam
    Chairman.
        Senator Boxer. Thank you very much. And since Senator
    Inhofe has his questions, I have three questions that I have to
    ask you and so we will just go right through the line.
        Do you agree if confirmed 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?
        [Witnesses respond in the affirmative.]
        Senator Boxer. OK. And second, do you agree to ensure that
    testimony, briefings, documents and electronic and other forms
    of communication of information are provided to this Committee
    and its staff and other appropriate committees in a timely
    manner?
        [Witnesses respond in the affirmative.]
        Senator Boxer. And last, 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?
        [Witnesses respond in the negative.]
        Senator Boxer. Thank you so much. And now we will call on
    Senator Udall.
        Senator Udall. Thank you, Madam Chair.
        First of all, just listening to all of you, I think it is a
    wonderful thing to see folks in public service like you that
    are willing to continue it and I really look forward to working
    with you. You all have very distinguished careers at this point
    and I think are going to move down the line to add to your
    resumes and experience and I look forward to supporting you for
    your nominations on the Senate Floor.
        Steve, it is also good to see you here. A cowboy boot-
    wearing Westerner at the table. I hope maybe Senator Inhofe
    notices that he is wearing those cowboy boots.
        Senator Inhofe. Yes, he is already an honorary member of
    the boot caucus.
        [Laughter.]
        Senator Udall. Good, that is good.
        One of the things that you mentioned, Mr. Owens, was the
    fact of working with the Indian tribes in your State. I know in
    the neighboring State of Arizona that you have had great
    experience there. It has been something that you have built a
    reputation on and so I hope that you take that attitude to the
    Agency and spread it throughout the Agency because EPA and the
    tribes very much have to work with each other.
        One of the things that I noticed that you did at your
    office was called pollution prevention function. You got it in
    the office that you held in Arizona. You got out in front of
    the problems. Could you talk just a little bit about that?
    Because I think that it is something that could work really
    well at the Federal level.
        Mr. Owens. Thank you, Senator Udall. You and I have known
    each other for a long time and I am looking forward to having
    the opportunity to work with you if I am confirmed.
        The office of OPPTS is the Office of Prevention, Pesticides
    and Toxic Substances and sometimes the prevention piece does
    get overlooked in the work the office does. But I believe that
    is one of the more important things that we can be doing at EPA
    is to work on pollution prevention issues, to work with
    businesses and small communities and individuals as well as
    Indian tribes to reduce pollution and exposure to toxic
    substances in the first place. We did a lot of that at DEQ as I
    mentioned in my opening statement and I look forward to
    continuing to work on that if I am confirmed at EPA.
        Senator Udall. Great. Thank you very much.
        Ms. Darcy, it was a pleasure visiting with you at the
    office yesterday and great to hear how strongly Senator Baucus
    weighs in on your behalf which I think will serve you very well
    in your future career here. I would like to take this
    opportunity to continue to draw your attention to the Army
    Corps projects in New Mexico. We have a couple of levees in New
    Mexico that have been inspected recently and will require major
    repairs in the Albuquerque area. We will pursue a project
    authorization in the next Water Resources Development Act and
    would appreciate your cooperation on that.
        In addition, we have been disappointed that the Southwest
    Valley Flood Control Project in New Mexico has not been
    included in the President's budget in the past years, along
    with several other New Mexico flood control and environmental
    projects and, if you are confirmed, I hope that we can work
    with you and you will work with a New Mexico delegation on
    these issues. Would you commit to do that?
        Ms. Darcy. I certainly will, Senator.
        Senator Udall. Thank you very much.
        Mr. Silva, I am going to just go ahead and submit to you
    questions for the record. But, you know, as you are very aware
    being from California and the west, these water infrastructure
    projects are so important to smaller communities and rural
    areas and I think it is important to bring that balance when
    you come to the Environmental Protection Agency, that you are
    serving all of the Country and making sure that the water
    resource programs that you have serve the rural areas and the
    urban areas.
        So thank you all for your testimony. It is great to have
    you all here today and I look forward to supporting you as soon
    as we can get you to the Floor.
        Thank you.
        Senator Boxer. Absolutely. Absolutely.
        Senator Carper, the floor is yours.
        Senator Carper. Madam Chair, thanks so much. And again, to
    our witnesses, thank you for your willingness to serve, to
    continue to serve our Country in these new roles. And to your
    parents, special thanks for the way they raised you and the
    kind of values that they instilled in you. And to your
    families, some of them are here and some of them are not, but
    thanks to them for their willingness to share you with the
    people of our Nation.
        My first question is to Mr. Owens. I do not believe I had a
    chance to meet you when you were making your rounds but I was
    glad we had a chance to say hello today. I do not know if you
    have ever been to Delaware. I have been to Arizona many times,
    as guest of Janet Napolitano, as it turns out. So, it is nice
    to be able to meet you.
        The Port of Wilmington in my State ranks as the Nation's
    leading gateway for the import of fresh fruit and if I could
    offer the people in this room a banana, or a grapefruit or
    grapes, there is a pretty good chance that it came through the
    Port of Wilmington. We call ourselves the top banana port on
    the East Coast and we are very proud of it.
        But we have, in our State, I think we have 600 or 700
    direct and indirect jobs that flow out from the import of all
    of that fruit during the course of the year and several million
    dollars in tax revenues that inure to our State and to our
    region.
        I mention this because the Port of Wilmington uses methyl
    bromide to fumigate incoming commodities, such as Chilean
    fruit, to prevent foreign pests from entering into this
    Country. We have abided by the regulations that are set by the
    Department of Agriculture for over, I think, 30 years, and
    there has not been, to my knowledge, a case reported by the
    Department of Agriculture of bystander exposure to methyl
    bromide.
        I believe that the division of the EPA that I think you may
    end up leading has proposed changes to the regulations for
    methyl bromide particles in the air, provisions that would
    impact all ports, not just the Port of Wilmington but all ports
    using this substance. I have been told that these changes could
    have serious negative impacts on the Port of Wilmington's
    ability to cost effectively handle fresh commodities coming
    through the port. This could make the importation of Chilean
    grapes cost prohibitive to the point where Delaware would lose
    its Chilean fruit trade, which could be devastating to our
    local economy and to our labor forces.
        I just want to be clear. I share EPA's mission to develop
    clean air standards that protect the public health. I think we
    all do. With that having been said, I want to be sure to work
    with you on this issue, you and your colleagues, not just when
    you are nominated into this position, but once you are
    confirmed. Do you have any thoughts on this?
        Mr. Owens. Senator, if I may, I would like to say I have
    seen your correspondence with EPA on that and the letter from
    Jim Jones, who is the Acting Assistant Administrator for OPPTS,
    and I am generally aware of your concerns. If I am confirmed, I
    very much look forward to sitting down and talking with you
    further about that and learning more about that issue and
    working with you on it.
        Senator Carper. All right. Is that all you want to say?
        [Laughter.]
        Senator Carper. That is fine. You can hold it at that.
        A question, if I could, for Mr. Silva. This is regarding
    CAFO permits. As we were discussing in our meeting last week, I
    said I wanted to work with you on the issue of Concentrated
    Animal Feed Operations or CAFO permits for the EPA's
    clarification on the definition of a discharge last year.
    Delaware had 17 CAFOs. We have a lot of chickens in my State.
    We do not have cattle; we have some, but not many. We have
    pigs, but not a lot. We have a whole lot of chickens. For every
    person who lives in my State, 300 chickens. And for anybody out
    there who is thinking about having chicken for dinner, go for
    it.
        [Laughter.]
        Senator Carper. What is the Chick Fil A commercial? Eat
    chicken? Anyway, eat chicken.
        Anyway, now that EPA is enforcing the rule that any animal
    feeding operation that might pollute surface water must apply
    for a permit under the Clean Water Act, Delaware's farming
    community is facing a drastic change in terms of regulatory
    requirements.
        I just want to ask you to commit to making a visit to
    Delaware, come to those beaches that Ms. Darcy is going to help
    us to replenish and keep strong and beautiful. I wanted just to
    ask you to come to our State. I have been to San Diego any
    number of times and when we visit, in fact my family was back
    there in back in January, it is a lovely State. I was stationed
    in the Navy there for a while.
        But I want you to come over to Delaware and maybe bring
    along with you the EPA Region III Administrator, who I think I
    rode down with the on train today as it turns out, to meet with
    our Delaware Department of Agriculture, with the folks from the
    Department of Natural Resources and Environmental Control, the
    Delaware Farm Bureau and poultry companies. We have got four
    major ones, too. See first-hand what we have done and what we
    have been doing for years in our State. I would just ask that
    you have this meeting before any further EPA inspections or
    actions in Delaware. Would you be willing to take a trip? It is
    about a 2-hour trip over to Delaware.
        Mr. Silva. Sure, Senator, it would be a pleasure to visit
    your State, sir.
        Senator Carper. I think you will like it.
        Finally, for Ms. Darcy, on beach replenishment. A lot of
    people come to Delaware and they come for a variety of reasons.
    Some people from Washington actually go there to go to our
    beaches from Fenwick Island on up to Cape Henlopen State Park.
    Hopefully, in about 2 or 3 years we are going to have the
    Nation's first windmill farm about 12 miles off the coast of
    Rehoboth Beach, another thing for us to really be proud of, I
    think.
        But restoring Delaware's beaches to their congressionally
    authorized size is one of my State's top priorities. Beach
    replenishment is critical to protecting our communities against
    natural disasters, hurricanes and nor'easters, and in
    maintaining and remaining an important tourist destination.
    With the summer season almost now in full swing, the health of
    our beaches is firmly tied to the recovery of Delaware's
    economy.
        I was surprised to learn, when I was Governor, that the No.
    3 industry in my State is tourism. We have been big in cars for
    a long time, chemicals and agriculture and so forth, but the
    No. 3 industry is tourism. But I was disappointed that the
    Administration, the current Administration, did not utilize
    funds provided by Congress in the American Recovery and
    Reinvestment Act for beach nourishment and replenishment. A
    2002 OMB study estimated that each replenishment project
    creates some 2,000, that is 2,000 full-time jobs and generates
    about $88 million in economic activity.
        Going forward, I just want to know if, under your
    leadership, if beach protection and really the protection of
    our shore communities, our beach communities, will be a
    priority for the Army Corps of Engineers.
        Ms. Darcy. I think it is an issue that this Committee has
    dealt with time and time again, re-nourishment of beach
    projects. If confirmed, I am going to look very seriously at
    how we can establish a consistent policy for beach re-
    nourishment. I think that, in this President's budget, there
    was some budgeting for beach projects this year. I think it was
    $45 million which has not happened in many past budgets. But I
    am not sure what the breakdown is, whether any of that money is
    for re-nourishment or just for projects.
        Senator Carper. We are encouraged by that. I spoke with the
    CBO Director, Peter Orszag, and expressed my thanks for that.
    In any number of administrations, Democratic or Republican,
    they always single out in their budgets money for the
    protection of our beach communities. I was encouraged to see
    that there is some obligation, some recognition, that we share
    that responsibility.
        We used to compromise. A dozen or so years ago, Federal
    Government and the State governments would actually be
    partners. I think that the deal we finally worked out was that
    the Federal Government provides about 65 percent of funding and
    the States and local communities provide about 35 percent of
    that funding. It took us a long time to get to that place but
    that is where we are today and I think it makes a lot of sense
    and my hope is that we can continue under your guidance and
    your stewardship to work in the same vein of partnership.
        Ms. Darcy. I look forward to it.
        Senator Boxer. Thank you, Senator. Senator, I would like
    to----
        Senator Carper. Madam Chair, based on the testimony we
    heard I am going to release my holds.
        Senator Boxer. Good.
        [Laughter.]
        Senator Carper. All three witnesses----
        Senator Boxer. Actually, I heard that Ms. Darcy actually
    has a couple of pounds of sand that she brought to show her
    commitment to beach replenishment.
        [Laughter.]
        Senator Carper. As a quick aside, I do not know if any of
    you have been to the Delaware beaches but when Justice John
    Roberts, when he was coming through confirmation, he visited
    you, I am sure, and he visited most of the Senators in trying
    to get confirmed to be Chief Justice of the Supreme Court and
    he said to me, during a conversation, I said have you ever been
    to Delaware? And he said, why yes I have. In fact, he said, I
    met my wife there. I said you are kidding. And he said no, I
    met my wife. And I said where? And he said Dewey Beach.
        [Laughter.]
        Senator Carper. I said, no kidding. Yes, he said, we were
    in one of those beach houses in Dewey Beach and we met and fell
    in love and ended up getting married. And I said I never knew
    there were people who met in those beach houses and ended up
    getting married and then go on to become Chief Justice of the
    United States. What a great success story.
        [Laughter.]
        Senator Boxer. Great story. Well, now you have to hope
    there is a beach replenishment case that he takes on as a----
        Senator Carper. We are going to name one of the beaches
    after him or her, I am not sure who.
        Senator Boxer. Well, whatever it takes.
        Well, here is the thing. I do want to second what Senator
    Carper said. Coming from California, and I know Mr. Silva and
    his family would agree, that our beaches, our ocean, that is
    what we are about. And it is a very important economic issue.
    It is not only the replenishment that creates the jobs but in
    my case tourism is one or two. It is billions of dollars. We
    have a coastal economy across this Country that is just
    enormous. And I know that President Obama understands this. And
    I think Tom Carper really did take time to talk about the fact
    that the States think it is so important, even in these tough
    times, that they are willing to put up matching funds. So, I
    will work with him on this.
        I was just a little worried when he started singing the
    praises of San Diego and California that we would lose the
    Silvas right then and there, that they would walk out and say
    we are going home. Because it is so beautiful there.
        But, seriously, I would add my voice to all that has been
    said about your sacrifice to do this. Some of you are moving
    from far away, beautiful places. And some of you are really
    taking on new responsibilities. I can see from Jo-Ellen's
    standpoint where she is going to take on the voice of the
    Administration now. She is going to have to have all of us
    saying why are you not getting this done?
        It is not easy. None of it is easy. The important thing is
    why you do what you do, and that is to make this Country the
    best it can be. Each of us plays a role to the extent that we
    can. And we are so pleased.
        I am really hopeful that we can move your nominations very,
    very quickly. So, what we want to do is make sure that you get
    these answers done even if you have to burn the midnight oil to
    get them done. Then we will get them out of the Committee and
    start hot-lining them.
        I am a little concerned with Gina McCarthy's nomination
    which Senator Barrasso was very up front about putting a hold
    on. It is not a secret. He is upset more about the issues than
    he is with her. He likes her. But this is, to me, not
    constructive. So, I am hopeful we can work it through and if we
    have to file cloture, we will.
        But just so all three of you and your family and friends
    know, we appreciate your being willing to do this and the
    support of your families. And we stand adjourned and wish you
    the best of luck.
        [Whereupon, at 3:30 p.m., the committee was adjourned.]
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