[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
__________
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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
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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
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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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