[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:]
    
    
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    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]