    [Senate Hearing 117-97]
    [From the U.S. Government Publishing Office]

                                                             S. Hrg. 117-97

    HEARING ON THE NOMINATIONS OF AMANDA HOWE TO BE ASSISTANT ADMINISTRATOR
       FOR MISSION SUPPORT OF THE ENVIRONMENTAL PROTECTION AGENCY, DAVID
     UHLMANN TO BE ASSISTANT ADMINISTRATOR FOR ENFORCEMENT AND COMPLIANCE
         ASSURANCE OF THE ENVIRONMENTAL PROTECTION AGENCY, AND CARLTON
        WATERHOUSE TO BE ASSISTANT ADMINISTRATOR OF LAND AND EMERGENCY
               MANAGEMENT OF THE ENVIRONMENTAL PROTECTION AGENCY

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

                                    HEARING

                                   before the

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS

                              UNITED STATES SENATE

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                               SEPTEMBER 15, 2021

                                   __________

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

      		  [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            Available via the World Wide Web: http://www.govinfo.gov

            		       __________

    		     U.S. GOVERNMENT PUBLISHING OFFICE

    46-119			   WASHINGTON : 2021

                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 FIRST SESSION

                      THOMAS R. CARPER, Delaware, Chairman
    BENJAMIN L. CARDIN, Maryland         SHELLEY MOORE CAPITO, West
    BERNARD SANDERS, Vermont                 Virginia,
    SHELDON WHITEHOUSE, Rhode Island         Ranking Member
    JEFF MERKLEY, Oregon                 JAMES M. INHOFE, Oklahoma
    EDWARD J. MARKEY, Massachusetts      KEVIN CRAMER, North Dakota
    TAMMY DUCKWORTH, Illinois            CYNTHIA M. LUMMIS, Wyoming
    DEBBIE STABENOW, Michigan            RICHARD SHELBY, Alabama
    MARK KELLY, Arizona                  JOHN BOOZMAN, Arkansas
    ALEX PADILLA, California             ROGER WICKER, Mississippi
                                         DAN SULLIVAN, Alaska
                                         JONI ERNST, Iowa
                                         LINDSEY O. GRAHAM, South Carolina

                 Mary Frances Repko, Democratic Staff Director
                   Adam Tomlinson, Republican Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                               SEPTEMBER 15, 2021

                               OPENING STATEMENTS

    Carper, Hon. Thomas R., U.S. Senator from the State of Delaware..     1
    Capito, Hon. Shelley Moore, U.S. Senator from the State of West
      Virginia.......................................................     3

                                   WITNESSES

    Warner, Hon. Mark, U.S. Senator from the State of Virginia.......     4
    Stabenow, Hon. Debbie, U.S. Senator from the State of Michigan...     7
    Howe, Amanda, nominee to be Assistant Administrator for Mission
      Support, Environmental Protection Agency.......................     8
        Prepared statement...........................................    11
        Responses to additional questions from Senator Capito........    16
    Uhlmann, David, nominee to be Assistant Administrator for
      Enforcement and Compliance Assurance, Environmental Protection
      Agency.........................................................    19
        Prepared statement...........................................    21
        Responses to additional questions from:
            Senator Markey...........................................    24
            Senator Capito...........................................    24
        Response to an additional question from Senator Inhofe.......    31
    Waterhouse, Carlton, Ph.D., nominee to be Assistant Administrator
      for Land and Emergency Management, Environmental Protection
      Agency.........................................................    32
        Prepared statement...........................................    35
        Responses to additional questions from Senator Capito........    40
        Response to an additional question from Senator Inhofe.......    56

                              ADDITIONAL MATERIAL

    Letter to Senators Carper and Capito from the National Bar
      Association, July 13, 2021.....................................    78

    HEARING ON THE NOMINATIONS OF AMANDA HOWE TO BE ASSISTANT ADMINISTRATOR
       FOR MISSION SUPPORT OF THE ENVIRONMENTAL PROTECTION AGENCY, DAVID
     UHLMANN TO BE ASSISTANT ADMINISTRATOR FOR ENFORCEMENT AND COMPLIANCE
         ASSURANCE OF THE ENVIRONMENTAL PROTECTION AGENCY, AND CARLTON
        WATERHOUSE TO BE ASSISTANT ADMINISTRATOR OF LAND AND EMERGENCY
               MANAGEMENT OF THE ENVIRONMENTAL PROTECTION AGENCY

                                  ----------

                         WEDNESDAY, SEPTEMBER 15, 2021

                                           U.S. Senate,
                     Committee on Environment and Public Works,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 10:04 a.m., in
    room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper
    (Chairman of the Committee) presiding.
        Present: Senators Carper, Capito, Cardin, Stabenow, Kelly,
    Lummis, Sullivan, and Ernst.

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

        Senator Carper. Good morning, everyone. I am pleased to
    call this hearing to order.
        Today, we will hear from three qualified nominees for
    leadership roles at the Environmental Protection Agency.
        We welcome all of you, your families and friend to this
    hearing.
        The Environmental Protection Agency's mission is to protect
    human health and our environment. It is a challenging and
    critical responsibility that requires dedicated work to ensure
    that the American people can live in communities free from
    hazardous pollution; our Nation can address the worst impacts
    of a mounting climate crisis; and all of us can live up to our
    God given potential.
        To conduct that work well, EPA needs experienced and
    committed leaders who believe in the agency's mission and the
    role of science as a guiding force behind their work. I believe
    all three individuals with us today fit that description, and
    they deserve our support.
        First, we have Amanda Howe, who the President has nominated
    to be EPA Assistant Administrator for Mission Support. Whether
    it is maintaining facilities, engaging with staff, or
    facilitating EPA grants and contracts, the Office of Mission
    Support manages all the functions that the agency needs to
    fulfill its mission. It is safe to say that without the Office
    of Mission Support, there would not be much of an EPA.
        If confirmed, Ms. Howe would bring with her to the job some
    impressive leadership experience and a clear understanding of
    what it is like to serve at the Federal, State, and local
    levels of government.
        Next, the President has nominated David Uhlmann to be
    Assistant Administrator for Enforcement and Compliance
    Assurance.
        It is worth noting that our Nation's environmental laws can
    only protect our health and our environment if they are
    effectively and fairly enforced. EPA's Office of Enforcement
    and Compliance Assurance needs leadership to make sure that
    enforcement is applied consistently and within the letter and
    the spirit of the law.
        David Uhlmann is exceptionally qualified to be that leader.
    Mr. Uhlmann has spent 17 years--17 years--as a prosecutor with
    the U.S. Department of Justice, seven of those years as Chief
    of the Environmental Crimes Section.
        In this role, Mr. Uhlmann has led some of the highest
    profile pollution crime cases in recent history, including a
    2017 case in which Volkswagen pled guilty to three felony
    counts in a scheme to cheat vehicle emissions tests. That was a
    chapter that drew worldwide attention and worldwide acclaim.
        I am confident he will bring the same dedication to
    enforcing our Nation's environmental laws to this role at EPA.
        Finally, we have Carlton Waterhouse, whom President Biden
    has nominated to be Assistant Administrator of the Office of
    Land and Emergency Management.
        For those who are not familiar, this EPA office is tasked
    with overseeing the clean up of our Nation's most contaminated
    hazardous waste sites, as well as working with local officials
    to revitalize these areas and prevent future exposure to
    harmful materials.
        Mr. Waterhouse has a good deal of experience and know how
    to be successful in this role. He spent years in the 1990s
    working as an EPA attorney and acting on behalf of vulnerable
    communities that have suffered from the impacts of industrial
    waste, receiving the agency's bronze star award four times for
    his work.
        As a former naval flight officer who served in a war or
    two, I have known some people who received one bronze star.
    However, the idea of receiving four of them is pretty amazing.
        Mr. Waterhouse would be an asset to the Office of Land and
    Emergency Management in assisting communities confronted by the
    dangers of contaminated sites and making sure their voices are
    heard in government.
        On this Committee, I often like to say, we are work horses,
    not show horses. We may not always agree in this Committee on
    all things, but we come to the table with collegiality, open
    hearts, and open minds.
        I am proud of how our members have carried on that work
    ethic in this Congress, especially when it comes to
    consideration of nominees. I look forward to continuing in that
    vein for today's hearing.
        With that, let me turn over to our Ranking Member who has
    joined us remotely, for her opening statement remarks. After
    she has completed, I will turn to our colleague, Mark Warner. I
    think Senator Stabenow will join us remotely.
        We look forward to both of them introducing the nominees in
    greater detail.
        Senator Capito, good morning.

            OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
              U.S. SENATOR FROM THE STATE OF WEST VIRGINIA

        Senator Capito. Thank you, Mr. Chairman. It is nice to join
    in today. I am a little [indiscernible], and I apologize for
    that.
        In West Virginia here, our connectivity, as we know, is a
    challenge. Can you hear me OK? Can you give me thumbs up?
        Senator Carper. You are breaking up a little bit.
        Senator Capito. OK.
        Senator Carper. Go ahead. It is good enough that we can
    understand you.
        Senator Capito. OK, I will go quickly, then.
        Senator Carper. I understand you are in Missouri today. No,
    I am kidding.
        Senator Capito. No, no, no, I am in West Virginia. I feel
    like it.
        [Laughter.]
        Senator Carper. All right. Go right ahead.
        Senator Capito. We had a power failure, and it is OK.
        I want to welcome the three nominees. Obviously, each of
    you have been nominated to serve at the EPA in critical roles.
        The Office of Land and Emergency Management is key to the
    mission of protecting human health and the environment across
    all [indiscernible], land, water, and air.
        Dr. Waterhouse, it is nice to see you. I look forward to
    your testimony. You are the lead political officer in that
    office right now and have been nominated to serve as the
    Assistant Administrator. Clean ups supported by your office can
    revitalize areas, make land usable again, and propel
    communities forward economically.
        Established by the 2017 Tax Cuts and Jobs Act, opportunity
    zones provide favorable tax treatment to private investments in
    economically distressed areas. The Trump administration
    recognized that providing grants to projects in opportunity
    zones can leverage private investment and make Federal dollars
    go further.
        I appreciated the emphasis that the EPA under the previous
    Administration, from the top down, placed on its waste and
    clean up responsibilities, including in my home State. Despite
    this progress, I am concerned that under the Biden
    administration, the Office of Land and Emergency Management is
    again taking a back seat to other programs, including the
    Office of Air and Radiation, as it did during the Obama
    administration.
        The President's fiscal year 2022 budget requests more than
    1,000 additional employees at EPA. In the detailed materials
    provided to the Appropriations Committee, the agency does not
    request any additional employees for the Office of Land and
    Emergency Management. By contrast, the staff of the Office of
    Air and Radiation would be increased by 179.
        So, Dr. Waterhouse, I hope you can give us more insights
    into the current directions for the Waste Office within EPA, as
    well as your own professional background. Thank you for being
    willing to serve.
        Mr. Uhlmann, also good to see you again. You have been
    nominated to serve in another bedrock office of EPA, the Office
    of Enforcement and Compliance Assurance. When we spoke this
    summer, I enjoyed learning more about your career at the
    Department of Justice prosecuting environmental crimes. And I
    thank you for your past service.
        Criminal enforcement is an important tool of the office for
    which you have been nominated, and one on where you are a
    preeminent expert as a professor of law at the University of
    Michigan. This hearing provides the Committee an opportunity to
    discuss with you all of the tools the Office of Enforcement and
    Compliance Assurance has, and how you would learn to lead the
    office in using them, if confirmed.
        These include criminal enforcement, civil enforcement, and
    compliance assurance. In other words, helping regulated
    entities and States understand and comply with the law. I look
    forward to hearing your views on how EPA would use these tools.
        Finally, I would like to welcome Ms. Howe, who has been
    nominated to the EPA's Office of Mission Support. This office
    is one that keeps the agency running, from handling grant
    disbursements to human resources to IT.
        I look forward to hearing how your past work experiences,
    including on political campaigns and as Acting Chief of Staff
    for New York City Mayor de Blasio, prepared you for this role.
        Again, I would like to thank all of our nominees for your
    willingness to serve and appearing before us today.
        Thank you.
        Senator Carper. Senator Capito, it is great to see you.
    Thank you for joining us virtually and for your comments.
        With that, I am going to ask our friend and colleague, Mark
    Warner, the Senator from Virginia, to introduce Mr. Uhlmann to
    our Committee.
        Mark, you are now recognized. Thank you for joining us.

                    STATEMENT OF HON. MARK WARNER,
                U.S. SENATOR FROM THE STATE OF VIRGINIA

        Senator Warner. Thank you, Mr. Chairman, and Ranking Member
    Capito, and anybody else that is listening remotely.
        I am actually not here to introduce Professor Uhlmann, but
    I want to wholeheartedly endorse him. He seems like he has got
    a great background. I don't want to take that opportunity away
    from Senator Stabenow.
        Senator Carper. You are right. You are here to introduce
    the nominees from Virginia.
        Senator Warner. I have to do the Virginians.
        Senator Carper. You do those first and then you can take
    the hand off from Debbie.
        Senator Warner. I am here to vouch for Professor Uhlmann as
    well. But I also want to say at the outset to the panel of all
    the witnesses here and their family members, you do not
    normally get the fact where a Chairman comes out and greets
    everyone individually. I think that reflects Tom Carper's
    approach to people and politics. I am grateful for that.
        I want to thank again Senator Capito and Senator Carper for
    their many years of leadership on issues like broadband.
    Shortly, when we get the bipartisan infrastructure bill to the
    President's desk for signature, the quality of that broadband
    from southwest Virginia, or West Virginia, or even the rural
    parts of Delaware is going to improve dramatically. That is
    very important.
        In addition to Professor Uhlmann, I am here to introduce
    two individuals who have deep ties to the Commonwealth of
    Virginia. Amanda Howe, who you have noted has been nominated to
    be the Assistant Administrator for Mission Support at the EPA,
    and Professor Carlton Waterhouse who has been nominated to be
    Deputy Assistant Administrator for Land and Emergency
    Management within the Office of Land and Emergency Management.
    Both of these candidates I think would be great additions to
    the EPA.
        I am going to talk about Amanda's professional
    qualifications in a moment, but I thought I would share a
    personal reflection. I have known Amanda for close to 20 years.
    She is an immigrant; she was born and raised in Canada and came
    to this country. I know her and her wife, Ellen Qualls, quite
    well.
        Let me, for the record, indicate that when I became
    Governor, I started a tradition. I got asked, Amanda and Ellen
    both worked with me, of performing marriage ceremonies. I
    helped perform the marriage ceremony between Amanda and Ellen.
    They are part of the now 18 couples, one as recent as the last
    2 months, that I have married. Not a single couple I have
    married has been divorced.
        [Laughter.]
        Senator Carper. That is great. Eighteen and 0.
        Senator Warner. Eighteen and 0, and when you think about
    the marriage success rates in our country, unfortunately,
    Senator Ernst, roughly around 50 percent, I have been told
    maybe I ought to quit the Senate business and go a little more
    into the marriage business. Amanda and Ellen are both dear,
    dear friends.
        Amanda will be a great addition to the Administration. She
    worked for me as Assistant Secretary of Commerce and Trade when
    I was Governor of Virginia. She helped plan and execute events
    all around the Commonwealth in terms of economic development,
    in terms of new business orientation, and in terms of
    investment in education. She went on to serve subsequent
    Governors, Governor Kaine and Governor McAuliffe. As you noted,
    she also worked with Mayor de Blasio in New York.
        In terms of operational experience, let me cite a couple of
    the things she has done. She directed and ran the whole visit
    of Queen Elizabeth to the Commonwealth of Virginia in 2007, our
    400th anniversary. That literally took months, more than a
    year, but was a massive undertaking.
        She helped organize the first tickertape parade in years
    for the women's successful soccer team in New York. She also
    managed Pope Francis' visit to New York. No one, from an
    operating standpoint, has more experience than Amanda Howe.
        She also has a huge commitment to service and to the
    environment. I cannot think of a person that would be better
    qualified. I commend the President for acknowledging her and
    for nominating her.
        To my colleagues on both sides of the aisle, this is
    someone who brings a real professionalism to any job she takes
    on. I hope she will be favorably reviewed.
        Professor Waterhouse, whom I just had the opportunity to
    actually meet today for the first time, obviously is a very
    highly qualified expert on environmental law. After attending
    law school, Professor Waterhouse worked as an attorney at the
    EPA in the Office of Regional Counsel in Atlanta and the
    Offices of General Counsel in DC. He served as the Chief
    Counsel for the EPA earning three of the Administration's most
    prestigious national awards.
        You may also wonder why he has deep, deep ties to the
    Commonwealth. His father worked at Langley Air Force Base as a
    commissary manager, and his mother worked as a civil servant at
    Fort Eustis. He grew up in the Newport News area. My
    understanding is he may be going back there this weekend to
    visit relatives.
        Professor Waterhouse would bring enormous experience and a
    critical perspective to the agency at this time. I
    wholeheartedly endorse his appointment and confirmation.
        I would ask my colleagues to consider all three of these
    nominations as quickly as possible. I think they will bring a
    great deal of credit to the EPA during these enormously
    challenging times.
        We all may have different views at times around some
    components of the environment, but I don't think there is
    anyone, in light of the enormous weather challenges that we
    have seen affecting our country and the world over the last 6
    months that don't understand climate change is here, real, and
    now. And we need great professionals in making sure the EPA
    does its job.
        With that, Mr. Chairman, I thank the Committee for the
    opportunity to present these individuals. I will turn the floor
    back over to you.
        Thank you.
        Senator Carper. Thank you so much.
        Mark and I served as Governor, not at the same time. I was
    a year or two ahead of him. In Delaware, the Governors nominate
    judges who are empowered to marry people. Governors appoint
    magistrates who are empowered to marry people. The Mayor of
    Wilmington was able to marry people.
        I just thought the Governor was able to marry people. My
    first 2 years as Governor, I must have married 12 or 15
    couples. It turned out I didn't have that power, and we never
    told them. They went off in life, and hopefully they are all
    still married.
        [Laughter.]
        Senator Warner. I actually thought my license to marry
    people extended beyond Governor. Although when I did marry
    people, particularly when I married within the Commonwealth of
    Virginia, I did have a line that said, ``And now by the power
    vested in me in the Commonwealth of Virginia, by me, I
    pronounce you husband and wife.''
        [Laughter.]
        Senator Warner. With that, I will turn it back over to the
    Committee. Thank you, Mr. Chairman.
        Senator Carper. Thanks very much, Mark.
        Senator Sullivan. Mr. Chairman, for the record, that is a
    little scary to me.
        [Laughter.]
        Senator Sullivan. I really have a lot of respect for
    Senator Warner. I hope all these people are doing well.
        Senator Carper. I would add as a quick p.s. to my story,
    about marrying people as Governor, never let the truth get in
    the way of a good story.
        I understand we have a colleague in Michigan who might be
    ready to introduce some folks.
        Debbie, are you on?

                  STATEMENT OF HON. DEBBIE STABENOW,
                U.S. SENATOR FROM THE STATE OF MICHIGAN

        Senator Stabenow. Good morning, Mr. Chairman and Ranking
    Member.
        I have to tell you I just want to reinforce for our
    nominees that you are in the right Committee, the EPW Committee
    and not the marriage committee.
        [Laughter.]
        Senator Carper. We are really good at constituent service.
        Senator Stabenow, thanks for joining us. I understand you
    are going to introduce Mr. Uhlmann to us. We welcome you. Go
    right ahead.
        Senator Stabenow. I strongly support all the nominees in
    front of the Committee today.
        It really is my honor today to introduce the current
    Director of the Environmental Law and Policy Program at the
    University of Michigan Law School, as well as the nominee for
    Assistant Administrator for Environment and Compliance
    Assurance at EPA, Dr. David Uhlmann.
        Mr. Uhlmann is a renowned expert on environmental law, Mr.
    Chairman, as you indicated. He is a leading authority on
    criminal enforcement of U.S. environmental laws and highly
    regarded as an advocate for environmental stewardship. In fact,
    the Michigan League for Conservation Voters has so fittingly
    named him a conservation hero.
        Prior to his tenure at the University of Michigan, Mr.
    Uhlmann spent 17 years as a Federal prosecutor, including 7
    years as the Chief of the Environmental Crimes Section at the
    Department of Justice. In that role, he earned a reputation for
    prosecuting polluters aggressively and fairly, a legacy he is
    surely going to continue in this new position if he is
    confirmed. I certainly hope he is.
        He has received numerous awards for precedent setting
    prosecutions throughout his career including the very first
    Environmental Justice Criminal Trial award.
        I know he will be thoroughly missed at the University of
    Michigan. Mr. Uhlmann is a great fit to lead EPA's efforts to
    ensure the proper and fair enforcement of our Nation's
    environmental laws, and I look forward to strongly supporting
    his nomination.
        Thank you, Mr. Chairman.
        Senator Carper. Thank you very much, Senator Stabenow. Are
    you a Michigan State Spartan?
        Senator Stabenow. I am a Spartan, which means that this
    endorsement of Mr. Uhlmann actually gets counted twice since I
    went to the rival school. But my son went to the University of
    Michigan so that counts.
        Senator Carper. The Chairman of the Committee is an Ohio
    State graduate.
        Senator Stabenow. That is too bad, that is actually too
    bad.
        [Laughter.]
        Senator Carper. I never say The Ohio State University. I
    always say O-H.
        I think that is it for the introductions. Thank you, Debbie
    for joining us. We will look forward to seeing you next week.
        The first among our witnesses to speak on her own behalf is
    Ms. Howe.
        If you all would just come up to the table, take your
    seats.
        Senator Warner was complaining to me with tongue in cheek
    that the chairs out there are very low. He asked if we did that
    purposely so that we would appear to be larger than life, and
    our witnesses would be smaller than life. Actually, we all have
    the same chairs.
        Amanda Howe, how are you?
        Ms. Howe. Good.
        Senator Carper. To our witnesses, if you would like to
    introduce members of your family or friends that are in the
    audience, feel free.
        Amanda, please.

    STATEMENT OF AMANDA HOWE, NOMINEE TO BE ASSISTANT ADMINISTRATOR
          FOR MISSION SUPPORT, ENVIRONMENTAL PROTECTION AGENCY

        Ms. Howe. Good morning, Chairman Carper, Ranking Member
    Capito, and members of the distinguished Committee.
        I am honored to appear before you today as President
    Biden's nominee for Assistant Administrator for the Office of
    Mission Support at the Environmental Protection Agency. I am
    joined here today by my wife, Ellen.
        Senator Carper. Ellen, raise your hand, please. Hello,
    Ellen.
        Ms. Howe. Joining me remotely are my mom, Gail; my sisters,
    Erin and Ashley; and my brother-in-law, Michael. My three
    nieces are joining me as well: Vivian, who is 9; Fiona, 6; and
    Maeve, 4.
        Senator Carper. Where is your mom today?
        Ms. Howe. She is actually in New York.
        Senator Carper. She must be very proud.
        Ms. Howe. I think so. I hope so.
        I am proud to be the godmother to all three of my nieces. I
    am grateful for all their support.
        I am an American citizen, but I was born in Canada 2 years
    after President Nixon and Congress formed the Environmental
    Protection Agency in 1970. They were responding to Americans'
    concerns about air and water pollution and were inspired by the
    first pictures of Earth taken by astronauts.
        I grew up on Lake Ontario, one of the Great Lakes that the
    EPA was formed to protect. I am a beneficiary of EPA's noble
    efforts. As a lover of the outdoors, I know we must strive to
    be in harmony with nature to protect our trees and our majestic
    oceans, lakes, rivers, and streams for future generations.
        I have always believed in the value of public service.
    Early on, I was remarkably fortunate to have a mentor, who gave
    me the best career and life advice: ``Always ask yourself, am I
    using my talent, my skills, for good? If the answer is yes, you
    won't go wrong.'' From that came my own motto: ``Go for the
    good.'' And I bring that spirit to everything I do.
        My first job in the States, 20 years ago, was working on
    Mark Warner's campaign for Governor in Virginia. I was
    impressed with how he appealed to both Republicans and
    Democrats. I was impressed that he found a way to make progress
    in the divided State government.
        I have spent every year since working on behalf of the
    American people in several capacities across local and State
    government. I served newly elected Governor Warner as Assistant
    Secretary of Commerce and Trade. As Assistant Secretary, I
    worked closely with 16 agencies to advance a bipartisan agenda
    that delivered for all Virginians.
        Later, I was honored to serve Governor Tim Kaine as the
    Executive Director of Virginia's Royal Welcome in 2007. We
    built a team to coordinate the 2 day official visit of Her
    Majesty Queen Elizabeth II and the Duke of Edinburgh, Prince
    Philip. I went from State agency work to coordination with
    Buckingham Palace, the British Embassy, Scotland Yard, the FBI,
    and the Secret Service, and gained an appreciation for the
    operation of large scale, world class events and organizations.
        My work with Governor Kaine led to working at the
    Democratic National Committee as Chief Operating Officer for 3
    years, and later as Deputy Chief of Staff and then Acting Chief
    of Staff to the Mayor of New York City.
        I oversaw the Mayor's Office of Appointments, Citywide
    Event Coordination and Management, the Mayor's Office of
    Correspondence and Constituent Services, the Mayor's Office for
    International Affairs, the Mayor's Office of Administrative
    Services, Scheduling and Executive Operations, Advance, the
    Mayor's Office of Special Projects and Community Events and NYC
    Service. In New York, I was grateful to see first hand the
    impressive and incredible dedication of city workers rising to
    meet every challenge to improve people's daily lives.
        As Chief Operating Officer for now Vice President Harris's
    Presidential campaign in Baltimore in 2019, I oversaw a wide
    range of departments such as human resources, facilities
    management, State operations, travel, cyber and physical
    security, vetting, legal and administrative services, and daily
    operations.
        I have also worked in the non-profit sector as Senior
    Advisor to the President of Every Town for Gun Safety, an
    organization working to end gun violence in America, and as
    Vice President of the American Council on Renewable Energy.
    There, I helped lead WIREC, the Washington International
    Renewable Energy Conference, hosted by the U.S. State
    Department of President George W. Bush.
        Each of these roles is different but shares a common
    thread, a focus on transparency, collaboration, logistics and
    operational know how.
        I was drawn to the U.S. Government and then public service
    because the American dream is not an individual dream. It is a
    collective dream that envisions a better future through mutual
    understanding of our shared challenges, hopes, and aspirations.
        If confirmed, I look forward to working with and supporting
    the incredibly talented and dedicated EPA career staff. There
    is no higher mission than to protect the health and safety of
    our people and our environment, our two most precious
    resources.
        Thank you again, Chairman Carper, Ranking Member Capito,
    and distinguished members of the Committee for the opportunity
    to be with you today.
        I look forward to your questions.
        [The prepared statement of Ms. Howe follows:]

        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Thanks very much for your comments and that
    statement.
        Now we will hear from Mr. Uhlmann.
        Mr. Uhlmann, would you please proceed? Thank you.

          STATEMENT OF DAVID UHLMANN, NOMINEE TO BE ASSISTANT
        ADMINISTRATOR FOR ENFORCEMENT AND COMPLIANCE ASSURANCE,
                    ENVIRONMENTAL PROTECTION AGENCY

        Mr. Uhlmann. Thank you, Chairman Carper, Ranking Member
    Capito, and members of the Committee, for the opportunity to
    appear before you today.
        Thank you to Senator Stabenow for your gracious
    introduction.
        I am honored and grateful that President Biden has
    nominated me to serve as an Assistant Administrator for the
    United States Environmental Protection Agency.
        I would like to thank my wife, Virginia Murphy.
        Senator Carper. Virginia, would you raise your hand,
    please? Thank you.
        Mr. Uhlmann. Virginia has been steadfast in her support of
    what she terms my quest to return to public service. Our
    daughter, Megan, could not join us today.
        Senator Carper. How old is Megan?
        Mr. Uhlmann. Megan is 36 and is the mother of our two
    granddaughters, Adelaide and Sophia. They are watching from
    Maine.
        I am delighted that our son, Graham; our daughter, Emily;
    and Emily's partner, Jake, are all here.
        Senator Carper. Will the three of you raise your hands,
    please? Thank you.
        Mr. Uhlmann. As you know, the challenges involved in public
    service are visited most often upon family members. I am
    grateful to each of them.
        I would also like to introduce my mom, Ruth Uhlmann, and my
    stepfather, Craig Matthews.
        Senator Carper. Would you raise your hands, please? It is
    great to see you. I know you must be proud.
        Mr. Uhlmann. I am delighted that they can be here, too.
        My father is no longer alive but he would be so proud of me
    today. His family fled Nazi Germany and emigrated to the United
    States in 1938, a generation after my mother's family fled
    persecution in Russia. Their sacrifices and this country made
    my accomplishments possible.
        Just before he became President, John F. Kennedy said,
    ``For of those to whom much is given, much is required.'' I
    repeat those words to my students on the first day of law
    school because I believe all of us have an obligation to help
    those who are less fortunate and to do what we can to help make
    the world a better place. I strive to remain always true to
    those values.
        I have devoted my career to seeking justice for communities
    exposed to harmful pollution and ensuring that all Americans
    can breathe clean air and drink clean water. Our Nation's
    environmental laws provide exceptional tools for improving the
    lives of hard working Americans and meeting our obligations as
    stewards of the environment for future generations.
        I served for 17 years at the Justice Department, where the
    cases I prosecuted were not about winning or losing but about
    promoting fair enforcement of our environmental laws and
    ensuring that companies who act with ethics and integrity are
    not at a competitive disadvantage with those who flout the law.
        I was the lead prosecutor in the first environmental
    justice criminal trial where residents of West Memphis lived
    next to a hazardous waste site for more than a decade.
        I tried a knowing endangerment case in Idaho, where a 20
    year old worker suffered severe and permanent brain damage
    because his employer forced him to illegally dispose of cyanide
    waste without even the most basic safety equipment.
        In each of my cases, it was a privilege to appear in court
    for the United States of America.
        In June 2000, I became the sixth Chief of the Environmental
    Crimes Section at the Justice Department. In that role,
    starting during the last year of the Clinton administration and
    continuing for 6 and a half years of the Bush administration, I
    led an office dedicated to the fair and principled enforcement
    of the criminal provisions of our environmental laws and
    ensuring that companies and individuals who put our communities
    at risk were brought to justice.
        If confirmed by the Senate, my long history of Government
    service, during both Democratic and Republican administrations,
    would allow me to provide leadership with support from career
    staff I know, respect, and admire. I also would offer valuable
    experience and perspective from outside Washington gained over
    the last 14 years as a law professor.
        When the University of Michigan recruited me to serve as
    the inaugural director of its environmental law and policy
    program, I welcomed the opportunity because I saw mentoring the
    next generation of environmental lawyers at one of our top
    public universities as a natural continuation of my public
    service at the Justice Department. My work at Michigan has
    broadened my perspective about how illegal pollution harms our
    communities, enhanced my understanding of how the Federal
    Government must work in partnership with State environmental
    protection efforts, and given me the opportunity to work
    closely with environmental groups and the business community.
        If confirmed, I will continue listening to those varied
    perspectives and promote partnerships across the Federal
    Government and with outside stakeholders. I still believe that
    protecting our environment is an area where we can find common
    ground, as we have in the past. We should highlight the efforts
    of companies that promote ethics, integrity, and environmental
    stewardship, while holding accountable companies who break the
    law and expose our communities to harm.
        I hope to provide the broad based, open minded, and
    experienced leadership needed to ensure the effectiveness of
    the environmental laws passed by Congress and promote a
    sustainable future for our children and grandchildren.
        Thank you again for the opportunity to appear before you
    today. I look forward to answering your questions.
        [The prepared statement of Mr. Uhlmann follows:]

        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Mr. Uhlmann, thank you very much. Thank you
    for all of your service.
        Now we are going to hear from Carlton Waterhouse.
        Mr. Waterhouse, you may begin when you are ready. I know
    you have a couple of people from your family here. Feel free to
    introduce them if you would.

    STATEMENT OF CARLTON WATERHOUSE, PH.D., NOMINEE TO BE ASSISTANT
    ADMINISTRATOR FOR LAND AND EMERGENCY MANAGEMENT, ENVIRONMENTAL
                           PROTECTION AGENCY

        Mr. Waterhouse. Thank you so much, Senator.
        Thank you, Chairman Carper, Ranking Member Capito, and
    members of the Committee.
        I am grateful for your time and honored to appear before
    you this morning. I want to thank Senator Warner for his kind
    introduction. I want to thank President Biden for nominating me
    for this position.
        I want to thank my father, and mother, and grandmother for
    their support and encouragement through the years. I especially
    want to thank my wonderful wife, Courtney, who is here with me
    today. I am blessed to have her at my side.
        Senator Carper. Wife of 4 months?
        Mr. Waterhouse. Wife of 4 months; that is right.
        Senator Carper. The first 4 months are the toughest. Hang
    in there, Courtney.
        [Laughter.]
        Mr. Waterhouse. Thank you, Senator.
        I also want to thank my pastor and church family who are
    praying for me.
        I want to acknowledge those who are here with me today. In
    addition to Courtney, I have my two amazing children, Nia and
    Joshua.
        Senator Carper. Nia and Joshua, would you raise your hands?
    Welcome.
        Mr. Waterhouse. My father and mother were unable to make
    the trip to join us unfortunately, but they are watching on
    television along with my brother and sister, and my 106 year
    old grandmother.
        Senator Carper. Did you say 106?
        Mr. Waterhouse. One hundred and six.
        Senator Carper. What is her secret for living that long?
        Mr. Waterhouse. She never owned a car.
        [Laughter.]
        Senator Carper. I am going to sell my car tomorrow. That is
    amazing. When I meet people who are 82 or whatever, I will say
    I hope when I am 82, I know who I am and where I am. One
    hundred and six is just amazing.
        Mr. Waterhouse. She is very spry. She is a spry 106.
        Senator Carper. And may be with us for a while.
        Mr. Waterhouse. I have dedicated my life to raising my
    voice for people whose needs go unheard. When I advocate for
    others, I reflect on the wisdom and amazing life lessons I
    received from my parents and my grandmother. They instilled in
    me the value of hard work, public service, and faith.
        My father grew up in the Jim Crow South in a small town in
    east Texas. He joined the Army at 17 to escape the mistreatment
    that he and other African Americans lived through daily.
        He served faithfully through the transition from the
    segregated Army and was ultimately promoted to the rank of
    Master Sergeant. He earned a Purple Heart, Bronze Star, and
    other medals for his valiant service in the Korean War.
        Senator Carper. For those who don't know, Master Sergeant
    is pretty good, isn't it? What is that, an E8?
        Mr. Waterhouse. Yes, sir.
        Senator Carper. You can't do much better than that.
        Mr. Waterhouse. He retired from the Army following 20 years
    of military service and dedicated 20 more years through the
    1970s and 1980s as a civil servant managing commissaries for
    our troops and their families in Virginia and Alaska. In fact,
    it was our drive from my hometown in Virginia to Alaska that
    provided me with the early appreciation for the beauty of our
    country and the wonder of the natural world.
        My mother likewise spent over 30 years of her life in
    Federal service, including 10 years with the International
    Trade Commission. She worked her way up from an entry level
    position to become an office manager before she retired.
        She, like her mother, my grandmother, demonstrated
    persistence in the face of adversity. My grandmother worked as
    a server for many years in an all white country club in my
    hometown that continued to exclude blacks and other people of
    color from membership up through my time attending law school.
    We never dropped her off or visited her at work since we were
    not welcome there unless we were workers.
        Like so many African Americans, they endured these
    challenges through an abiding faith in God. Likewise, my faith
    undergirds my life. I am a first generation college graduate.
    It was my faith that sustained me through challenges as a young
    man and ultimately provided me with a sense of purpose and
    direction that has guided me ever since.
        I enrolled in Howard's Law School to focus on civil rights
    and the environment because of the Christian imperative that we
    protect people in need and act as stewards of the world. After
    law school, I began at EPA's Region 4 Office of Regional
    Council. My 9-plus years of service with EPA in the region and
    in headquarters gave me first hand experience of environmental
    protection at the ground level where people experience the
    worst effects of pollution.
        I represented the agency as the lead attorney in cases
    under the Clean Water Act, the Emergency Planning and Community
    Right to Know Act, and other environmental laws. But the bulk
    of my time was spent working within the Superfund and the
    Resource Conservation and Recovery Act programs.
        In Superfund, the Smith's Farm Superfund site stands out
    among many. I reviewed numerous technical documents for legal
    sufficiency in that case, as in others, and oversaw the
    issuance of administrative orders to require responsible
    parties to clean up the site. I also served as EPA's negotiator
    with the scores of responsible parties and together with the
    remedial project manager, created the allocation of
    responsibility that resulted in a roughly $40 million
    settlement for the site.
        I worked with State officials to obtain the Nation's first
    approvals for the Subtitle D Sanitary Landfill Program under
    RCRA and served as Region 4's lead attorney on environmental
    justice. I routinely met with community members and EPA staff
    to address community concerns about environmental problems. I
    was truly humbled to be recognized by the agency for my work
    and to be presented with Bronze Medal awards on four separate
    occasions.
        As a law professor, I focused my research on correcting
    environmental and other social injustices. Drawing on my
    graduate studies in social ethics, my work promotes policies
    that better protect people.
        In addition to working with students, I dedicated my time
    to working with community groups faced with environmental
    challenges in Indiana, Puerto Rico, and in the DC metro area. I
    have been fortunate to have spent my career on issues near and
    dear to me, issues that touch the lives of all Americans.
        Throughout my career, I have learned so much about the
    importance of forging consensus, listening intently to varied
    perspectives, and making decisions that put the well being of
    our communities first.
        Thank you again for the opportunity to speak before you
    today. I look forward to answering your questions.
        [The prepared statement of Mr. Waterhouse follows:]

        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Mr. Waterhouse, thank you very much. There
    has been remarkable service from your family. I am very
    impressed.
        Senator Capito is going to go first in asking questions.
    Before she does that, I need to ask the same three questions of
    each of you. Then I will yield to Senator Capito.
        We call them standing questions, yes or no questions that
    we ask of all nominees who appear before this Committee. You
    may remain seated for this.
        The first question is, do you agree, if confirmed, to
    appear before this Committee or designated members of this
    Committee and other appropriate committees of the Congress, and
    to provide information subject to appropriate and necessary
    security protections with respect to your responsibilities?
        Do you, Ms. Howe?
        Ms. Howe. Yes, I do.
        Senator Carper. Mr. Uhlmann?
        Mr. Uhlmann. Yes, I do, sir.
        Senator Carper. Mr. Waterhouse?
        Mr. Waterhouse. Yes, I do.
        Senator Carper. The second question is, do you agree to
    ensure that testimonies, 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?
        Do you, Ms. Howe?
        Ms. Howe. Yes, I do.
        Senator Carper. Mr. Uhlmann?
        Mr. Uhlmann. Yes, I do.
        Senator Carper. Mr. Waterhouse?
        Mr. Waterhouse. Yes, I do.
        Senator Carper. The third and last question is this. Do you
    know of any matters which you may or may not have disclosed
    that might place you in a conflict of interest if you are
    confirmed?
        Do you, Ms. Howe?
        Ms. Howe. No, I do not.
        Senator Carper. Mr. Uhlmann?
        Mr. Uhlmann. No, I do not.
        Senator Carper. Mr. Waterhouse?
        Mr. Waterhouse. No, I do not.
        Senator Carper. Very well. Thank you.
        With that, I will yield to our Ranking Member, Senator
    Capito.
        Senator Capito, please proceed.
        Senator Capito. Thank you, Mr. Chairman.
        Thank all of you. I hope I am coming through clearer now. I
    appreciate your willingness to serve. And it is certainly so
    interesting to hear everybody's personal story.
        Senator Carper. Senator Capito, you sound great.
        Senator Capito. Oh, good. I sound great. Good.
        [Laughter.]
        Senator Carper. And you look great.
        Senator Capito. I didn't sound so great.
        Senator Carper. Where are you, are you in West Virginia?
        Senator Capito. I am.
        Senator Carper. Where are you there?
        Senator Capito. I am in Martinsburg, in the panhandle, over
    there close to Maryland, Ben.
        I am going to start with you, Mr. Waterhouse. Thank you for
    visiting me in my office. I really appreciate that.
        As you know, and I think we talked about, I am from an
    energy producing State. You have a wide variety of experience
    in a lot of different areas. As you would imagine, my staff and
    others have looked through your Twitter feed, and we have a
    couple of questions, I have a couple questions.
        One is a tweet that you tweeted in 2015 when you said,
    ``The ugly truth about energy is the ends don't justify the
    means.'' Then you hashtagged a bunch of things, one of which
    was ``resist capitalism.'' I think this came to my attention
    and also sort of raised my ears a little bit because you are
    going to be dealing, in your position, with a lot of private
    entities. You mentioned that in your 5 minute opening
    statement.
        What does ``resist capitalism'' mean to you, and how would
    that interplay with what you are doing? What does it mean when
    you say, energy, the ends don't justify the means?
        Mr. Waterhouse. Thank you so much for the question,
    Senator. To be honest, I don't recall that tweet. I am not very
    active on Twitter. I am not familiar with the tweet you are
    referring to.
        Senator Capito. What about the resist capitalism?
    Apparently, you were using that hashtag quite a bit. Is that in
    the context of something that I might not be aware of, or is
    that just in general? How does that interplay with what you
    would be facing at EPA with the private sector?
        Mr. Waterhouse. I think it would have been in some context,
    Senator, that has to date for several years. As I said, I am
    not really active on Twitter. I am not sure what it was
    referencing.
        But I can say this, Senator, that I recognize the value of
    capitalism as a way of making sure that goods and services are
    made available to people. I think reasonable and responsible
    regulation allows us to make sure that people can be safe and
    protected in the environment and in their daily lives.
        Senator Capito. Thank you.
        Mr. Uhlmann, you and I talked. I appreciate the
    conversation. In your statement, you talked a lot about finding
    common ground with exposure for clean air and clean water. I
    think that is absolutely the mission not only of EPA but of all
    of us who are on this Committee and in the Senate in general.
        Let me ask you, you had written a paper about an
    environmental agenda for the Obama administration that
    advocated for a clean energy standard; this is very topical
    right now, and a carbon tax. It also excluded any kind of
    carbon capture or anything nuclear or other kinds of energy
    that would count toward a clean energy standard.
        How do you think those opinions would play into this
    position as chief of the enforcement and compliance area?
        Mr. Uhlmann. Thank you for the question, Senator.
        As I think all of us are painfully aware, and as Senator
    Warner mentioned in his introduction, the challenge of climate
    change is a clear and present danger. The wildfires in
    California and in the upper Midwest, the harms of Hurricane Ida
    visited upon the Gulf Coast and the East Coast all have, I
    think, focused our attention on that. We need to do everything
    we can to address climate change.
        If I am confirmed for this role, I obviously won't have a
    role in deciding what the policy should be. That is for
    Congress to decide. What I hope to do is everything we can in
    my office to help companies comply with the laws that Congress
    passes and any regulations that EPA passes to address climate
    change and to bring appropriate enforcement actions against
    anybody who violates those laws.
        Senator Capito. I guess what I am trying to get to, and I
    think you and I might have talked about this a little bit on
    the phone, you sort of dispelled this in terms of the fairness
    and your track record, in general, certainly over at the DOJ,
    in terms of certain biases as you are moving toward trying to
    enforce certain regulatory, but we can make those judgments
    later.
        Ms. Howe, I wanted to ask you one question. I mentioned in
    my opening statement that you had high level roles in electoral
    politics. I think you fleshed this out a little bit in your
    opening statement, but if we could get a little bit more on
    making that shift from a political position into a Federal
    agency in a managerial sense of environmental policies. What
    attracts you to that?
        Ms. Howe. Thank you, Senator, for the question. I think
    both in political campaigns and in different levels of
    government, I have managed large and complex challenges. So
    there is some similarity there. I have always considered myself
    a public servant. I can think of no better place to spend my
    time and use my skills than the Environmental Protection
    Agency. Protecting the American people and the environment for
    future generations is of utmost importance to me.
        Senator Capito. Certainly one of the areas that is going to
    be a big challenge for whoever has your position is this desire
    by the Administration and the EPA Administrator to hire, if not
    hundreds at least 1,000 new people. That is going to present a
    huge challenge from a managerial perspective as well.
        I appreciate all three of you coming.
        And Mr. Chairman, thank you for letting me question early.
    I don't know that I can stay on the whole time but I appreciate
    it.
        Thank you.
        Senator Carper. Stay with us for as long as you can. Give
    my best to my native State, please.
        I think Senator Padilla may or may not be on. He is going
    to try to join us.
        Senator Padilla, are you on the line?
        [No response.]
        Senator Carper. If not, Senator Cardin, my DelMarVa buddy.
        Senator Cardin. Mr. Chairman, I think this format seems to
    work best. You are in an unusually good mood today.
        Let me preempt your question. I am in Baltimore getting
    ready for the next 36 hours to be with my family in a very
    solemn day of Yom Kippur. We appreciate the Majority Leader
    giving us this opportunity to get back to our home States.
        I first want to just thank all three of our nominees. You
    have incredible backgrounds. Thank you for your willingness to
    serve our country.
        Professor Uhlmann, I would like to start with you, if I
    might. My fellow Committee members are not going to be
    surprised that I am going to talk a bit about the Chesapeake
    Bay.
        Enforcement and compliance is critically important to the
    Chesapeake Bay partnership that we have with the different
    stakeholders, the local governments, the State governments, and
    the private sector stakeholders. We depend upon the Federal
    Government to be our referee and to enforce the rules that we
    all say we are going to live by. The Chesapeake Bay Program is
    based on the commitments from the ground up, local government,
    then enforced at the national level.
        I would like to at least get your commitment to work with
    all the stakeholders in regards to compliance and enforcement,
    recognizing how critically important it is. But the uniqueness
    of the Chesapeake Bay Program in that it is a program that is
    strongly supported by all the stakeholders and requires the
    type of open communication with the Federal enforcement
    authorities to make sure the spirit of the Chesapeake Bay
    Program is very much forwarded by the Federal partner.
        Are you familiar with the Chesapeake Bay Program? Can I get
    your assurances that you will be working with local
    stakeholders to make sure the Federal partnership is strong?
        Mr. Uhlmann. Thank you for the question, Senator. I hope
    you have an easy fast.
        Senator Cardin. Thank you.
        Mr. Uhlmann. I am familiar with the Chesapeake Bay Program
    and your terrific leadership addressing the challenges facing
    the Bay.
        The Chesapeake Bay is a national treasure. And in so many
    ways, I think the partnership between EPA and the States to
    protect the Chesapeake Bay is a model for how we protect
    watersheds across the country, including in my home State where
    the Great Lakes face similar threats.
        If confirmed, I commit to you that I will work with you and
    your office, and all the stakeholders to do everything we can
    to make sure that the commitments made by the Chesapeake Bay
    Agreement are honored.
        Senator Cardin. Thank you. We work very closely with
    Senator Stabenow on the Great Lakes in her position as Chair of
    the Agriculture Committee. So we share a great deal in our
    pride in the great water bodies of the United States. I
    appreciate that comment.
        Professor Waterhouse, I am very impressed by your
    background. I am going to sort of deal with this from an area I
    think you will feel very comfortable about.
        Brownfields, the Superfund sites in America, 60 percent of
    which are unusually impacted by climate change. President
    Biden, and I think this Congress, has committed to
    environmental justice issues. We did that very much so in the
    bipartisan infrastructure package, and we continue to stress
    the importance of environmental justice.
        I would like to get your game plan on how you are going to
    deal with your portfolio, recognizing that underserved
    communities, minority communities have been adversely impacted
    by these policies which has added to the health disparity and
    income disparity of America.
        Mr. Waterhouse. Thank you so much for the question,
    Senator.
        The issue of climate change has had a significant impact on
    our world, as you know. With regards to the Superfund Program,
    it is so vital that we make sure that all of the remedial
    actions we are taking are sustainable and resilient so that
    when we do have more intensified storms, when we have
    additional flooding events, and when we are dealing with
    wildfires that those remedies don't fail.
        This is something we have taken very seriously in our
    office, and in fact, I have worked along with other staff to
    see that our Superfund Division Director was able to send and
    did issue just recently a memo to all of the EPA regions that
    they would double down on reviewing and evaluating all of the
    remedial actions that are in place to ensure that they have an
    adaptability, a sensitivity, a vulnerability analysis, and a
    resilience.
        In other words, doing an analysis to make sure they are
    able to hold and withstand any kinds of changes and threats
    that we are going to be facing as a result of climate change.
        Additionally, with regard to environmental justice, our
    office is moving forward to evaluate different programs we have
    to make sure that we are doing the most that we possibly can to
    see environmental justice is done.
        Senator Cardin. Under the leadership of this Committee, we
    are going to give you additional resources and tools in order
    to deal with this challenge. We believe we can make substantial
    progress in protecting vulnerable communities.
        Thank you very much for your willingness to take on this
    incredibly challenging position.
        Thank you, Mr. Chairman.
        Senator Carper. Senator Cardin, thanks for joining us very,
    very much.
        Has Senator Padilla joined us yet? No? All right.
        I understand Senator Lummis was in the queue.
        Cynthia, are you there?
        Senator Lummis. I am here. Can you hear me?
        Senator Carper. Yes, we can. Good morning.
        Senator Lummis. Thank you, Mr. Chairman. I appreciate this.
        Senator Carper. Where are you today?
        Senator Lummis. I am still in Washington but I am just
    getting ready to get on an airplane to Wyoming. I want to thank
    you very much for letting me participate remotely.
        Senator Carper. My wife and I, along with many of our
    colleagues, had the sad privilege of joining Senator Lummis and
    a number of our colleagues to fly about a month and a half ago
    back to Wyoming for the memorial service for our dear
    colleague, Mike Enzi. I had an opportunity to spend some
    wonderful hours on the plane with Senator Lummis and got to
    know her a lot better as a new member.
        Cynthia, we are glad you are a member of this Committee. We
    are glad you could join us today. Please go right ahead.
        Senator Lummis. I am delighted to serve with you, Mr.
    Chairman. You are a terrific Chairman of this Committee. It is
    an honor to be with you.
        Senator Carper. You can take as much time as you want.
        [Laughter.]
        Senator Lummis. My first question is for Mr. Uhlmann, and I
    want to first say, Mr. Uhlmann, that a very good friend of
    mine, Tom Sansonetti, reached out to my office and spoke very
    highly of you. I understand the two of you worked together at
    Justice, and that he has participated in your environmental
    studies program on a number of occasions at the University of
    Michigan. So his endorsement speaks very highly of your
    character.
        The questions that I have for you involve very specific to
    Wyoming tough stuff. I recently raised the issue of the Federal
    Regional Haze Program for Mr. Prieto in his hearing, and I am
    going to do the same with you.
        For months, the Wyoming Governor's Office, Department of
    Environmental Quality, the Attorney General's Office, and the
    EPA worked hand in hand together on a plan for the Jim Bridger
    Power Plant Site Implementation Plan that reduced emissions,
    improved visibility, and saved money and jobs. Everything that
    EPA Region 8 requested during this process was agreed to.
        Now, at the eleventh hour, the EPA has reneged on all the
    hard work that was done. They have failed to send the amendment
    to the Federal Register to complete the process and continue to
    delay issuing the decision that it has already made on the
    amendment in an effort to strong arm Wyoming and PacifiCorp to
    agree to an unreasonable closure commitment.
        Similarly, concerning the WyoDEQ regional haze litigation
    withdrawing from the agreement despite months of negotiations
    that included EPA's approval and blessing, this is no way to
    treat partners in our Federalist system.
        So, my question is this: Mr. Uhlmann, will you commit to
    reviewing these decisions if confirmed in your role, and honor
    the hard work that EPA and Wyoming partners accomplished on
    this?
        Mr. Uhlmann. Well, thank you so much for the question,
    Senator Lummis, and if I might, I thank you also for sharing
    with everybody the kind words from my friend, Tom Sansonetti,
    who I had the privilege of serving under during the Bush
    administration, and who I have hosted in Michigan, including at
    a Michigan football game in the pouring rain, where we lost
    badly to Northwestern.
        He has not asked yet to attend an Ohio State game, Senator
    Carper, but I fear we might lose badly if that were the case,
    too.
        Of course, I am not yet at the agency, Senator, so I am not
    familiar with the Regional Haze Initiative and the challenges
    that you are describing. I certainly believe, as I know you do,
    in the value of a strong Federal-State partnership. So if I
    might, I would commit to you, if I am confirmed, I would like
    to be able to have the opportunity to be briefed on this issue
    and then visit with you more about it.
        Senator Lummis. Well, I will look forward to that
    conversation, and I appreciate your willingness to entertain
    it, because it has been a tremendous amount of hard work on
    behalf of our State, and to have it just diminished at the
    eleventh hour was extremely discouraging, to say the least.
        This question is for Mr. Uhlmann and Mr. Carlton. The White
    House Environmental Justice Advisory Council recently released
    a series of recommendations stating that Federal support for
    technologies like carbon capture utilization and storage should
    not be considered beneficial for environmental justice
    communities. Do you agree with this finding, and do you believe
    that CCUS has a role in emission reduction efforts?
        Senator Carper. Mr. Uhlmann, would you go first, and then
    followed by Mr. Waterhouse, please?
        Mr. Uhlmann. Thank you, Senator, and thank you, Senator,
    for this question as well. I would say, if I might, about
    environmental justice, that we have made great progress in the
    United States addressing so many of our environmental
    challenges over the last 40 to 50 years. But that progress has
    left too many of our communities behind, both in urban areas,
    and Senator, in rural communities in States like yours. It has
    been a particular challenge for people of color and for
    socioeconomically disadvantaged communities.
        So I am, again, not at the agency yet. I haven't been
    briefed on the issues that you are raising. But I would just
    say that if confirmed, I want very much to do my part to help
    work with the States to make environmental justice a reality
    and ensure clean air and safe water for all Americans.
        Senator Carper. Mr. Waterhouse.
        Mr. Waterhouse. Thank you so much for the question,
    Senator. I can't say that I am familiar with that
    recommendation. Over the past several months, I have been very
    busy running, or at least, working with the leadership to run
    the Office of Land and Emergency Management. In that role, we
    are really focused on cleaning up polluted sites and helping
    communities like the Wind River Reservation there in Wyoming
    deal with their solid waste management plans. Recently we have
    directed an additional, I think, $150,000 of gap funding to
    assist them in building capacity for solid waste management.
        So I have not had an opportunity to be exposed to or made
    aware of the carbon capture question, Senator, but it is one
    that I would certainly welcome an opportunity to learn more
    about and talk with you about further if I was to have the
    benefit of being confirmed.
        Senator Lummis. Thank you, Mr. Waterhouse. I believed I
    referred to you as Mr. Carlton. That, of course, is your first
    name, but I am grateful for your responses, your willingness to
    consider these positions.
        I was pleased by your remarks about your work with RCRA. I
    live right next to a refinery, and so the advantages provided
    to citizens by the existence of RCRA and its enforcement are
    something that I have deeply appreciated over the years. So
    your work with RCRA is very encouraging to me.
        I want to, again, thank you for giving me the chance to
    extend my time, Mr. Chairman, and I yield back.
        Senator Carper. All right. Thanks so much for joining us. I
    look forward to seeing you next week.
        Senator Padilla was holding on for a while. He has had to
    go preside on the Senate, and hopefully he will be able to join
    us before we conclude here.
        But we have been joined by Mark Kelly from Arizona.
        Mark, great to see you. Thanks for joining us today.
        Senator Kelly. Thank you, Mr. Chairman.
        Dr. Waterhouse, good morning, and thank you, all of you,
    for being here today.
        But Dr. Waterhouse, almost exactly 1 year ago, the EPA
    announced the creation of the Office of Mountains, Deserts, and
    Plains, a new regional office focused on effectively cleaning
    up abandoned mine lands across the West and accelerating the
    cleanup of Superfund sites in the West. As you may know, I
    believe, EPA must be doing more to clean up the more than 500
    abandoned uranium mines on the Navajo Nation.
        Like tribal leaders, I am concerned that these sites fail
    to compete well. They don't compete well for annual Superfund
    appropriations funding, and that red tape in delays has caused
    significant delays in cleaning up these contaminated sites. It
    is a big problem, over 500 abandoned uranium mines.
        So, Dr. Waterhouse, what can you share about the work that
    the new Office of Mountains, Deserts, and Plains has done over
    the past year? And if confirmed, what role do you hope the
    office will continue to play in prioritizing Western Superfund
    cleanup sites in the coming years?
        Mr. Waterhouse. Good morning, and thank you so much for
    your question, Senator. The problem of abandoned uranium mines,
    as you said, is a very big one, and it is a very important one.
    Communities there should have the right to be in a clean
    environment and not faced with that pollution. In fact, I had a
    visit to the Navajo Nation scheduled for last week.
    Unfortunately, it had to be postponed due to increasing COVID
    cases on the reservation.
        But we are really excited about the office, Senator,
    because that office is able to bring resources to bear to
    provide assistance to those communities. It brings
    technological and innovation resources to figure out, how do we
    manage the massive volume of waste that we have there. So they
    are looking for innovative solutions for cleanup.
        It also is helping us coordinate with our tribal partners,
    with our Federal family members, with local resources, and
    across the regions. It is so big; we are talking about multiple
    States and driving for hours and hours to be able to see it
    all. So we have Region 6 and Region 9, and this office helps to
    coordinate along with the Tribe and others to help us find
    solutions.
        They also are developing a prioritization package to deal
    with the Tronox settlement so that we have a way of using those
    moneys that is going to maximize their effectiveness in getting
    cleanup done.
        Senator Kelly. Do you feel they are off to a reasonable
    start over the past year?
        Mr. Waterhouse. I do, Senator. I think they have done a
    great job in a short period of time with limited resources.
    Since I came into the agency, it was a brand new office at that
    time, but they really have an amazing staff who have done a
    really great job in helping us move those projects forward.
        Senator Kelly. Do you think they need any new authorities
    or any additional funding to make sure that they have the tools
    necessary to do this rather complex task of cleaning up these
    Superfund sites in the West?
        Mr. Waterhouse. Senator, I certainly wouldn't turn down any
    additional moneys to award additional staffing and resources
    for the office that would help them with building capacity to
    be even more effective than they have been so far.
        Senator Kelly. OK. Well, thank you.
        A sort of similar topic I wanted to discuss with you is
    PFAS cleanup. It is a big issue in Arizona, in and around
    Tucson and Phoenix and other--really, across the State. So I
    wanted to ask you for an update on the Administration's work to
    remediate PFAS contamination.
        As you know, after a number of delays in January, EPA began
    the process of regulating PFOA and PFOS under the Superfund
    program. This is incredibly important to us, because several of
    our aquifers, which are sources of drinking water, have growing
    plumes of PFAS contamination.
        Yet because EPA has not established cleanup standards yet
    for these PFAS chemicals, it has fallen on the State and local
    governments to fund efforts to clean up the PFAS contamination.
    That is why I fought to ensure that the Infrastructure
    Investment in Jobs Act included $10 billion to fund PFAS
    cleanup efforts. But while significant, this funding will not
    go far enough in the long term to clean up this problem.
        So, what updates can you share with us today about the
    Administration's commitment to remediate PFAS contaminants
    through the Superfund process?
        Mr. Waterhouse. Thank you so much for that question,
    Senator. PFAS is such an important issue. These chemicals have
    such a long lifespan and such dangerous toxicological impacts.
        We within the Office of Land and Emergency Management have
    moved forward with the internal agency process to work toward a
    rulemaking that would designate certain PFAS chemicals as
    hazardous substances. That process is one that requires
    rigorous review by the internal offices to ensure that we are
    following the science and following the law.
        I can tell you, Senator, that we are moving that through
    that process as quickly as we can, so we can have a proposed
    rule to give us additional authorities to address PFAS in
    cleanups.
        Senator Kelly. Well, thank you. I always like when I hear
    somebody is going to follow the science. That is very important
    to me.
        Mr. Chairman, do I have a couple more minutes?
        Senator Carper. You do.
        Senator Kelly. Thank you.
        This question is for Mr. Uhlmann. I wanted to ask you about
    the applicability of EPA's Clean Air Act regulations for those
    Arizonans who convert their street vehicles into dedicated race
    vehicles. This is something that my wife, former Congresswoman
    Gabby Giffords, not with cars, but with motorcycles, would do
    on occasion. She used to race motorcycles around a track, so
    this is an issue that resonates with her.
        It is a time honored pastime for many Americans, amateur
    racing. We have a street in Tucson a mile north of where Gabby
    and I live called Speedway, and it is called Speedway for a
    reason, because that is where a lot of amateur racing used to
    happen. Now it is on tracks.
        These racetracks and auto repair manufacturers across the
    country rely on this. Yet, as I am sure you know, since 2015,
    EPA has maintained that modifying a vehicle's emissions system
    is a violation of the Clean Air Act even if the vehicle is
    solely used for the purpose of amateur racing.
        I support efforts to clarify the status of amateur racing
    under the Clean Air Act without compromising the underlying
    statute. I am pleased to join today with my colleagues,
    Senators Burr, Tester, and Ernst, to introduce the Recognizing
    the Protection of Motorsports Act.
        Mr. Uhlmann, I am pleased that EPA has announced that the
    Office of Enforcement and Compliance Assurance will focus on
    stopping after market defeat devices, which cause street
    vehicles to violate emissions standards. How would you
    categorize the emissions risk posed by these defeat devices,
    and how do those emissions compare to the emissions created by
    amateur racing vehicles?
        Mr. Uhlmann. Well, thank you so much for the question,
    Senator, and for your leadership and your wife's leadership in
    the great State of Arizona. I had the privilege of serving as
    the councilor to the compliance monitor who was appointed by
    the Justice Department in EPA after the Volkswagen diesel
    scandal. That is just probably the--well, one of the most
    troubling examples of environmental crime in the 30 years that
    I have been working on these issues. I mean, a company, one of
    the largest companies in the world, that changed the software
    on its vehicles so that when they were out in the street, they
    were polluting. When they were being tested, they seemed to be
    in compliance. It is a case study of what a defeat device is.
        It was an appropriate case, I think, quite clearly for the
    Justice Department to prosecute. As I said, I was honored to
    serve on the compliance team after the fact trying to help
    Volkswagen develop ethics integrity and sustainability programs
    so that they could be environmental leaders rather than
    environmental criminals.
        I have to confess, I don't know the issue that you are
    raising. So I would say that if I am confirmed for this role, I
    would be happy to meet with you once I have an opportunity to
    be briefed by the career staff. The problem of defeat devices
    is, of course, Volkswagen tells us, is very significant with
    significant human health impacts. I am not quite ready, even
    though I am a huge sports fan, to speak to the issue that you
    have raised today.
        Senator Kelly. Yes, when we consider just the numbers, you
    are talking a small number of vehicles. This is what folks
    across the country do as their hobby, their activity, and it
    doesn't add up to much.
        So I appreciate your willingness to work with me and my
    office so we can clarify the applicability of the Clean Air Act
    to amateur racers.
        Thank you, and thank you for the additional time, Mr.
    Chairman.
        Senator Carper. I have had the privilege of knowing Mark's
    wife, I think, probably longer than he has known her. I don't
    think we ever served in a Congress together, but I am a huge
    admirer. I am not surprised to hear that she has got a
    motorcycle. Tell her I said, you go, girl.
        Let me telegraph a picture if I could. I am going to ask
    each of you some questions, and then, at the end of the
    questioning, if we are not joined by any other colleagues;
    Senator Padilla may join us, he is presiding right now. He is
    going to try to join us.
        But right at the end, I will give each of you about another
    minute to answer a question that you wish you had been asked,
    but was not. So keep that in mind.
        I am going to start off by, if I could, Ms. Howe, a
    question of you relating to the company you have been keeping
    with former Governors like Mark Warner and Tim Kaine. The
    question would be, what are some things that you learned from
    each of them about leadership that might be helpful for you, if
    confirmed for this position?
        Ms. Howe. Thank you, Senator, for the question.
        Senator Carper. You are welcome.
        Ms. Howe. They are both so different. I think what I
    learned most from Senator Warner, and Governor Warner when I
    worked with him, was his attention to detail, while also having
    the big vision at the same time. We were in Richmond at the
    time. It was a divided State government. So he asked all of us
    to make sure we were building good relationships.
        So I learned from him early on how important it was to have
    common ground with our Republican colleagues. When we came in,
    he was the first Democrat that was elected in Virginia in
    something like, 18 years or something. I think a lot of
    agencies weren't sure how we were going to be as a Democratic
    administration. So I learned early on the importance of
    building good relationships and finding common ground.
        From Governor Kaine, I think what I appreciate so much
    about him is that his kindness that comes through is a
    strength. You can really feel that in all of his work. So I
    took away from him that you can approach every challenge with
    openness and kindness and transparency.
        Senator Carper. Those are great qualities and traits. You
    picked two good mentors.
        My sister and I had the privilege of, we were born in a
    coal mining town in West Virginia, Beckley, and grew up in
    Danville, Virginia, a place you are probably familiar with,
    right on Route 58. If you drive that Route 58 from Norfolk
    toward Bristol and you go past Danville, Virginia, you bisect
    my old paper route where, twice a day, I would deliver the
    Danville newspapers as a kid.
        When I was in the seventh grade, I had my paper route in
    the seventh grade, but I remember my seventh grade class from
    Coates Elementary School in Danville, we took a road trip
    together, about 75 of us. We went to Williamsburg, we went to
    Jamestown, and we went to Richmond, Virginia. When we were in
    Richmond, went off of our buses, we had our water pistols with
    us. It was May, and we were armed for whatever trouble we could
    get into.
        We ended up in the capital complex, and we followed a sign
    that said Governor's office, right to the Governor's office,
    right to the Governor's office. Seventy-five armed seventh
    graders from Coates Elementary School. The Governor, to our
    amazement, came out to meet with us and to speak to us. I, at
    the age of, I think I was 12, got to shake his hand. He said,
    ``Young man, what would you like to be when you grow up?'' And
    I said, ``I would like to be Governor of Virginia.'' And he
    said, ``Well, I am the Governor of Virginia. You will have to
    find another State.'' And I did. It worked out well for both of
    us.
        [Laughter.]
        Senator Carper. A question, if I could, for Mr. Waterhouse.
        Mr. Waterhouse, in your statement, you discussed your
    experience as a long time staff attorney with EPA's Office of
    General Counsel, both in Region 4 and at EPA headquarters. You
    also mentioned the types of cases that you worked on during
    your previous tenure at EPA.
        My question would be this: During those previous 9 years at
    EPA, could you just share with us some of your experience and
    insights in working within the Comprehensive Environmental
    Response, Compensation, and Liability Act known as CERCLA,
    known as Superfund, and the Resources Conservation and Recovery
    Act Programs, also known as RCRA, and how that experience will
    benefit you in this new role leading the Office of Land and
    Emergency Management, should you be confirmed? That was a
    pretty long question.
        Mr. Waterhouse. It is. Thank you so much for it, Senator.
        I will start off by saying that when I was in the Region 4
    office, I was fortunate to be in a multimedia division of the
    office that allowed me to work in multiple statutes, including
    the Clean Water Act, the Clean Air Act.
        But my home was really dealing with RCRA and CERCLA, and
    particularly CERCLA. The thing that stands out for me in my
    CERCLA work and all the different Superfund cases I worked on
    was my ability to go out to sites and meet with members of the
    community. That was transformative, because those community
    members transformed this abstract idea of law practice into a
    very real experience of, how do we protect these people on the
    ground from the problems that they are facing right now?
        And the concerns that you see on people's faces because of
    PCBs or TCEs or dioxin or lead made it really, I would have to
    say, for me, more than just a job. It was a commitment to try
    to help these people get this pollution away from them so they
    didn't have to worry about their children going outside and
    playing or being able to garden without getting their
    vegetables contaminated.
        I also learned in that time that the work we do at the
    agency for us is about what EPA does. But for the community, it
    is about what the Government does and whether or not the
    Government is there for them when they are in their greatest
    point of need. For me, that is the priority that I bring to my
    work in OLEM. It is to make sure that we as a Government can
    stand behind these communities that are in need, provide them
    with the things they can't do for themselves. They can't clean
    up 50 year old factories that have pollutants all over the
    place, and they can't clean up groundwater aquifers. This is
    our responsibility, Senator, and it has caused me to make it
    one that is a commitment that I am dedicated to.
        Senator Carper. Are you saying that they can't clean up,
    and you gave a couple of examples that ordinary citizens can't
    clean up. Lincoln was once asked, what is the role of
    government, and he responded, ``To do for the people what they
    cannot do for themselves,'' to your point.
        Mr. Waterhouse. Thank you, sir.
        Senator Carper. Mr. Uhlmann, ready? OK. A question with
    respect to experience with environmental crimes. You certainly
    have some of that. As I mentioned earlier in my introduction,
    you have, I think, 17, is it 17 years?
        Mr. Uhlmann. Seventeen years, yes, sir.
        Senator Carper. Seventeen years of experience as a
    prosecutor within the Department of Justice, including 7 years
    as Chief of the Environmental Crimes section, where you oversaw
    a number of important prosecutions against individuals and
    against organizations that violated the laws that protect our
    Nation's environment and public health.
        My question is, what in your extensive experience in
    prosecuting environmental crimes did you learn that can help
    EPA's Office of Enforcement in both more effectively
    identifying and addressing violations of environmental
    protection laws, as well as preventing violations before they
    occur?
        Mr. Uhlmann. Well, thank you so much for the question,
    Senator. I think I would start where my colleague, Professor
    Waterhouse was. Because I worked on cases throughout the United
    States. I think the first and most important lesson I learned
    is just how much pollution affects our communities and harms
    American families.
        I mentioned in my opening statement a case I prosecuted in
    West Memphis, which was the first environmental justice
    criminal trial in the United States. In that case, my
    witnesses, our best witnesses, really, were the neighbors who
    lived across the street from this hazardous waste site for more
    than a decade. They testified that they couldn't go out on
    their porches at night because the fumes were so bad.
        I also mentioned a case I prosecuted in Idaho where
    workers, for years, were subject to just horrendous working
    conditions at a fertilizer manufacturer. Until one day, he sent
    his workers into a tank that contained cyanide waste. A 20 year
    old man in his first job out of high school collapsed inside
    that tank, suffered severe and permanent brain damage.
        When the owner of the facility was asked if there was
    anything, what was in the tank, he said nothing that's harmful.
    When he was asked if there was cyanide in the tank, he lied and
    said, no, no possibility there was cyanide, even though he was
    the person who put the cyanide in the tank.
        I mention these cases because, and I could go on, but I
    know we have limits on our time. Pollution has real effects on
    our communities, real effects on families, real effects on
    people's lives, and I think that that first hand knowledge, for
    me, is probably the most important thing I learned.
        But I will just mention quickly two other things. I also
    had the opportunity over those many years to work with the
    extraordinary career staff at EPA. The inspectors, who, as you
    point out, are very important to ensuring compliance, they were
    witnesses in my trials because they often were the ones who
    foresaw the violations at facilities.
        The enforcement attorneys who work on the civil cases, they
    were our partners, because not every case is criminal, and in
    fact, the majority of cases aren't criminal. The majority of
    cases are civil or administrative.
        So I just developed a very deep appreciation for the career
    staff at EPA. If confirmed, I would be honored to work
    alongside them.
        The last thing I would say is, I am not new to this area. I
    am not sure how it got to be possible that I have 30 years of
    experience working on anything, but I would bring to the agency
    experience that no prior system administrators had, even though
    I have deep respect for my predecessors, all of whom are
    dedicated public servants. It just would give me the ability to
    hit the ground running and help the agency enforce the laws
    passed by Congress, protect the environment, and deliver on the
    promise of clean air and clean water for all Americans.
        Senator Carper. Thank you, sir.
        Ms. Howe, are you ready for another question? Good.
        As you know, for most workers in this country of ours, the
    COVID pandemic has been very difficult, both at home and at
    work and in between. Staying on top of work while also keeping
    ourselves and our families safe continues to be very
    challenging for most workers, and even folks that aren't
    working.
        If you are confirmed as Assistant Administrator for Mission
    Support, you are going to be responsible for, among other
    things, managing the work force conditions of EPA's employees.
    My question is, how will you bring back EPA's work force to the
    workplace safely in the context of a pandemic?
        Ms. Howe. Thank you, Senator, for that question. Protecting
    the health and well being of our employees is going to be
    paramount for me. If confirmed, we will follow the science. We
    will follow the CDC guidelines very closely in ensuring that we
    bring back the work force as smoothly and safely as possible.
        From what I understand, the EPA is already at 90 percent of
    its staff has been successfully telecommuting. So I would tap
    into that expertise as well to figure out how they did that and
    get their help in figuring out how to bring the work force back
    safely.
        But while honoring the CDC guidelines, I recognize also
    that it is not as easy as that. I know that this pandemic has
    been hard on everyone, and all employees have had no commute or
    a different workplace, their desks are at home and not in the
    office. I recognize the bringing the work force back will be a
    tremendous change for everyone.
        So, you have my commitment, if confirmed, that I will be
    approaching this whole process with openness and empathy and
    will be listening to employees' concerns throughout the
    process.
        Senator Carper. Good, thank you. Thank you, ma'am.
        Mr. Waterhouse, another question, if I could. I hope you
    guys have been thinking about that last minute when you get
    your one more shot.
        Mr. Waterhouse, with respect to leadership, I think
    leadership is the most important ingredient of success of any
    organization I have ever been a part of. I have been blessed to
    have learned from a lot of mentors, some of who are very good;
    I learned a lot from them, and some who were awful, and I
    learned probably as much from the latter as from the former.
        Mr. Waterhouse, in addition to your time at EPA working on
    CERLCA, working on RCRA, you have held a wealth of experience
    from other positions and community involvement that has led the
    way in helping communities across the country address hazardous
    waste. My question, how will your first hand experience working
    within these critically important environmental statutes as
    well as your experience working with communities that are
    affected by hazardous waste pollution, how will they inform
    your leadership of the Office of Land and Emergency Management?
        Mr. Waterhouse. Thank you so much for the question,
    Senator. I should start by saying that it has been a pleasure
    to be back at EPA. I find that that is a hard working,
    dedicated staff that is really committed to seeing that the
    environment is clean and to making sure that communities are
    safe and protected and to carry out environmental justice. I
    have been very enthusiastic about the real commitment I have
    seen.
        My responsibility in coming to the office is to take the
    benefits of my experience, I think, as a law professor, working
    on environmental law and environmental justice cases and
    advocating on behalf of communities, and then also, my
    experience as a Government employee working within the confines
    of the agency to see where we can do even better. As a leader,
    I think one of my key responsibilities is to help provide
    guidance through change.
        So, one of the things we see is with the Biden
    infrastructure deal, there are massive amounts of additional
    resources that are slated to come toward the Brownfields
    Program and the Superfund Program. That means that we are going
    to have to double down on our efforts within the office to make
    sure that more communities are able to get the benefit of these
    resources.
        Finally, I would say that President Biden, through his
    executive order on climate justice, has directed the agency to
    provide 40 percent of the benefits of some of our programs to
    disadvantaged communities. I see my role as helping the staff
    to understand how we can best and effectively see that all
    communities are able to get the benefits of these opportunities
    to have clean air and clean water and revitalize communities
    through the benefit of our Brownfields Grant Program.
        Senator Carper. Thank you.
        Ms. Howe, this is probably going to be my last direct
    question of you, but it deals with cybersecurity. I serve on a
    committee called Homeland Security and Governmental Affairs. We
    work a lot on cybersecurity issues. Unfortunately as we go
    forward in the future we are likely, as a country, to have to
    deal with even more of them.
        But if confirmed, you are going to lead EPA's efforts to
    maintain and strengthen the agency's cybersecurity efforts, I
    am told. As you know, the criminal enterprises and adversarial
    states continue to increase their efforts to break into our
    computer networks, to steal our information, and to compromise
    our security. In recent years, EPA has been among the agencies
    that have seen the major cybersecurity breaches.
        If confirmed, how will you seek to ensure that EPA makes
    cybersecurity a top priority within the agency?
        Ms. Howe. Thank you, Senator, for that question. Protecting
    the American people and environment will always be job No. 1,
    and that means cybersecurity must be a top priority for mission
    support.
        If confirmed, I will work aggressively to ensure that EPA's
    posture on cybersecurity improves. I will also work closely
    with the Chief Information Officer and the Chief Financial
    Officer to collaborate on IT funding and investment strategies.
        Also, I will work transparently with you and let you know
    when the EPA needs additional tools and resources to help
    mitigate cybersecurity vulnerabilities, and I will report back
    when issues arise.
        Senator Carper. There is an app called CISA within Homeland
    Security. They are in a position to help you, and they help
    your agency. You should take advantage of that.
        And you are familiar with General Accountability Office,
    GAO. They have a lot of smart people who work there, and some
    of them are really gifted and knowledgeable with respect to
    cybersecurity. I would urge you to take advantage of that as
    well.
        Ms. Howe. I will, thank you.
        Senator Carper. Sure.
        Last question I have, this was the picture you were all
    telegraphed, and as I told you, I wanted you to maybe think of
    a question you weren't asked that you would have like to have
    been asked, because you want to answer it right now.
        Mr. Waterhouse, I will let you take the first shot at that,
    and then we will look to Mr. Uhlmann, and Ms. Howe.
        Mr. Waterhouse. Thank you so much for that opportunity,
    Senator.
        Senator Carper. Don't screw up this one.
        [Laughter.]
        Mr. Waterhouse. So, I wish someone had asked me what my
    priorities are for the office, and I would like to share them.
        Senator Carper. I would like to ask that.
        Mr. Waterhouse. OK. Thank you so much, Senator. I would
    like to share that my priorities for the office really are
    threefold. One is to make sure that we are able to expand and
    extend the number of people who benefit from our Brownfields
    Grants Program. That program is so vital because it allows for
    worker training to retool people who need new opportunities and
    new careers that allows them to clean up their communities and
    other communities that are polluted. It allows us to provide
    cleanup and assessment grants so that communities can see where
    the pollution is that needs to be addressed, and then find out
    how to clean it up and get it cleaned up.
        It also allows for redevelopment in a very powerful way. I
    have seen a number of former Brownfields projects that have
    become revitalized neighborhoods, revitalized downtowns. Some
    people ask for grocery stores, some people ask for parks, some
    people get whole harbors. This is a really vital program, and I
    want to focus attention on it.
        In addition to focusing on getting clean ups done more
    quickly and more efficiently under the CERCLA program so that
    we can make sure that communities aren't suffering
    environmental injustices from being overburdened with
    pollution. Then last, to make sure that we are able to get the
    rulemaking done to address contaminants like PFAS that are
    emerging that are causing such a threat to our community and
    our country.
        Senator Carper. Great question, and a pretty darned good
    answer, too. Thank you.
        Mr. Waterhouse. Thank you, Senator.
        Senator Carper. Mr. Uhlmann.
        Mr. Uhlmann. Thank you, Senator. I suppose I should talk
    about my priorities. I would like to just mention three
    priorities.
        Senator Carper. OK.
        Mr. Uhlmann. There is a long list at EPA, a lot of
    challenges facing our Nation and the world, and EPA seems to be
    at the center of so many of them. But I would hope to, if
    confirmed, help the agency address what I call 21st century
    environmental problems. I would like to promote ethics
    integrity and environmental stewardship programs in American
    businesses, and I would like to strengthen the Office of
    Enforcement and Compliance Assurance.
        If I could, I would just like to say a few more words about
    each of those. First, when I talk about 21st century
    environmental problems, there is obviously none greater than
    climate change. As I mentioned earlier in response to a
    question from the Ranking Member, Senator Capito, this summer
    has just placed such a bright light on a problem that almost
    certainly should have been apparent to us long ago. We urgently
    need to address climate change. I want to make sure that
    whatever laws are passed, whatever rules are developed at EPA,
    that they are a focus of our compliance and enforcement efforts
    at the agency.
        I also want to make sure we are doing our part to promote
    environmental justice to address the horrible problem of PFAS
    contamination, which Senator Kelly talked about, that affects
    so many States, including my own, and particularly affects
    military families who have done so much service to our country.
        Another example, the list is long, but another example
    would be providing safe drinking water in every community in
    America. Flint, Michigan, where I was born and just 60 miles
    north of Ann Arbor where I live today, experienced a drinking
    water crisis that no American community in the 21st century
    should face. Yet we have seen similar problems in Newark, in
    Jackson, Mississippi, where your colleague Senator Wicker, I
    know, is very concerned about the drinking water situation.
        So I want to make sure we are doing everything we can in
    the Office of Enforcement and Compliance Assurance to help
    address those problems.
        When I talk about ethics integrity and environmental
    stewardship, I am mindful of something the Administrator said,
    which is, ``We can't regulate our way out of every
    environmental problem in the United States.'' I have been
    struck by my work both on the Volkswagen case and just in
    general as a law professor, the degree to which there is a
    shift in American businesses away from just the bottom line
    compliance, dotting the Is and crossing the Ts, but actually to
    focusing on ethics integrity, doing the right thing, being
    leaders on environmental stewardship, promoting sustainability
    efforts.
        We get so much better results for our communities when that
    is our focus, and I really hope that the agency under my
    leadership, if confirmed, can promote those efforts and make
    ethics integrity and environmental stewardship something that
    every business embraces, as I think it should.
        Last, but certainly not least, strengthening the office I
    have been nominated to lead starts with securing resources for
    them. They have experienced a 30 percent cut over the last
    decade in their resources. By the end of the last
    administration, there were fewer than 150 criminal
    investigators for the entire United States. There were 20
    States where there was not a single investigator. And
    enforcement numbers had dropped significantly, as I have
    demonstrated working with my students in our research.
        And so working with Congress to try and secure the
    resources the office needs, but also making sure that we are
    doing everything we can to deliver clean air and clean water
    for every American in every community, and to do so in a non-
    partisan way. We may all differ about our political views, but
    in enforcement, there is no role for politics. It is about the
    law and the facts, following both, and delivering results for
    the American people. That is what I hope I have the opportunity
    to do if I am confirmed for this role.
        Senator Carper. Thank you very much for those words.
        Ms. Howe.
        Ms. Howe. Thank you, Senator, for that question and
    opportunity. I think mine is a little bit different in the
    sense that I wish I had been asked how I feel about being
    considered for this role.
        Senator Carper. How do you feel about it?
        Ms. Howe. Thank you. I am not only honored, but I am very
    excited about it. I am excited about all the challenges that
    the Office of Mission Support faces. And that is really
    important to me, because in attracting and recruiting and
    retaining our excellent work force at EPA, I want to be very
    proactive in getting that message out to future job applicants,
    that the EPA is an exciting place to work, and you can join a
    dedicated and talented group of staff.
        So I am very excited about the prospect of hopefully being
    confirmed.
        Senator Carper. Good, thanks. I am hopeful as well.
        A couple of points in closing. One, I use the term shared
    responsibility a lot. The Federal Government has
    responsibilities, I mentioned Lincoln earlier, what it is the
    role of the government, to do for the people what they cannot
    do for themselves. But whether it is replacing lead pipes or
    the issue might be cleaning up Superfund sites, there is a
    shared responsibility here. The Federal Government has a
    considerable responsibility, but not the only one.
        As a recovering Governor, I know that the Governors through
    the National Governors Association have a lot of capability and
    a lot of resources to bring to bear. You all have mentioned, I
    think each of you mentioned responsibilities of the private
    sector businesses and companies, many of which are stepping up
    in impressive ways.
        We had, Senator Capito and I, yesterday held with Senator
    Boozman, who--he and I are cofounders of the Senate Caucus on
    Recycling; we held a roundtable yesterday, which about six or
    seven of the leading businesses in our country, some of which
    are pretty well known, not some, not so well known, who are
    doing remarkable things in the recycling arena. So that, I find
    that encouraging, and we all need to do more, but I was
    encouraged by what we learned yesterday.
        The staff have heard me quote Albert Einstein too often,
    but Einstein, among other things, said, ``In adversity lies
    opportunity,'' and those words have guided me throughout my
    life. I look at adversity, and I say, I see the opportunity.
    Let us put together a great team of men and women; let's get
    some resources; let's go to work and collaborate and address a
    particular issue.
        Yesterday, I started my day, I used to jump on a train in
    Wilmington and head south and come to work. I used to be on the
    Amtrak Board. When I was a little boy, I took my first train
    ride with my grandfather in Beaver, West Virginia. He was a
    fireman on the B&O Railroad, and he took my sister and I for a
    ride with him.
        Of course, it was patently against the law, I am sure, but
    I have been a great fan of trains for forever.
        But I started my day yesterday climbing on a train not with
    my grandfather, who is long gone, but we came on down to DC,
    and we held a press event outside. We held it with the American
    Lung Association. The focus was on reducing one of maybe the
    top source of carbon emissions in our country, and that is our
    mobile sources, our cars, trucks, and vans, and our buses,
    including our school buses, which put out a lot of diesel
    exhaust and a lot of greenhouse gas pollution.
        The bad news is, they put out a lot of pollution. The good
    news is, there are ways to clean it up, and we have the science
    and the technology to do that.
        In the bipartisan infrastructure bill that has passed the
    Senate by about a two to one margin, we are going to put a lot
    of resources toward replacing school buses and electrifying
    school buses, electrifying regular buses, transit buses, and
    even electrifying some ferries in different parts around the
    country.
        In doing that, we are going to improve air quality, we are
    going to address climate change, and we are going to put a ton
    of people to work in jobs that need to be done and can be done.
        One of you mentioned challenges. I think you mentioned
    drinking water, and one of you also said none, no challenge is
    greater than climate change, and I certainly agree.
        I said to President-Elect Joe Biden that the pandemic, the
    COVID pandemic that we have been going through, is not
    something that should divide us. It should unite us.
        I think the same is true of climate change. It is something
    that should unite us, not divide us. Our country is greatly in
    need of pulling together and unifying, and we need leaders who
    understand that and demonstrate by their own behavior and their
    own leadership those kinds of unifying skills.
        So, if you are confirmed, I am hopeful and I am encouraged
    today that those are some of the skills that you will bring to
    bear.
        With that, I have a very short statement that my staff has
    been, these people right behind me, nice enough to help
    prepare. I want to say one of the glories and joys of serving
    on this Committee for, I have been here for 20 years, and I
    have been on this Committee for 20 years, now I get to Chair
    and lead it with Senator Capito. One of the joys is we work
    together, and we get stuff done.
        We reported out unanimously infrastructure legislation for
    water infrastructure, drinking water, wastewater, unanimously
    out of this Committee, in this room, unanimously. We did the
    same thing with surface transportation reauthorization for
    roads, highways, bridges, and climate change, unanimously, out
    of this room, and we are proud of that. I am privileged, along
    with Shelley Capito, to lead these work horses, not show
    horses.
        In closing, let me just say, Ms. Howe, Mr. Uhlmann, Mr.
    Waterhouse, thank you for joining us today. Thank you for your
    willingness to serve our country in these new ways, and after
    having done a whole lot of good with your lives already. Our
    Nation faces no shortage of environmental challenges; we know
    that.
        We need qualified, dedicated individuals at EPA and
    frankly, in every other agency that we have. Each of you has
    demonstrated why President Biden has nominated you for
    leadership positions at EPA, and your testimony today is
    further proof of that.
        A long time ago, there was a guy named Caesar Rodney, who
    was one of our first Governors. Before we had Governors, we had
    presidents in Delaware. A couple of days before July 4th, he
    rode his horse all the way from Dover, Delaware, to
    Philadelphia in order to cast a tie breaking vote in favor of
    the Declaration of Independence, and the Declaration of
    Independence was penned. Caesar Rodney was a slave owner, but
    the Declaration of Independence was written by, that he was
    going up to ride his horse to ratify, it was written by a slave
    owner, Thomas Jefferson, and who, as I recall, freed his slaves
    before he died, I think.
        But if you are reading through the Declaration of
    Independence, and one of the words that I find most compelling
    and most memorable are these: Life, liberty, and the pursuit of
    happiness. Life, liberty, and the pursuit of happiness. It is
    hard to have life, liberty, and the pursuit of happiness if we
    don't have clean air, clean water, and a safe environment in
    which to live, to raise our families; tough to have that.
        So, not many people think if they read the Declaration of
    Independence and think, ah, that is where EPA fits in. Well, it
    does. There, it does. It is a message and a lesson, and it has
    been close to how many years old, 200, 245 or so. So your
    agency will be part of the structure, the fabric of our
    country, and our country's history.
        So, good luck as we go forward. We look forward to working
    to try to get you confirmed, and I think we have made a good
    start. You have made a good start today.
        I want to thank our colleagues who joined us in person and
    remotely. I look forward to seeing my colleagues, and I look
    forward to seeing all of you again later next week, when we are
    back in session. Thank you very much, and God bless.
        I would also like to submit for the record a variety of
    materials that include letters from stakeholders and other
    materials that relate to today's nomination hearing.
        Since there is no one here to object, so ordered.
        [The referenced information follows:]

        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. Senators will be allowed to submit
    questions for the record through the close of business on
    Wednesday, September 29th. That will be 2 weeks from today. We
    will compile those questions, we will send them to our
    witnesses, and we would ask that you all reply by Monday,
    October 4th.
        With that, this hearing is adjourned.
        Thank you all.
        [Whereupon, at 11:51 a.m., the hearing was adjourned.

                                     [all]