[Congressional Record Volume 147, Number 12 (Tuesday, January 30, 2001)]
[Senate]
[Pages S655-S659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                               Nomination

  Mr. President, it is an honor for me to rise in strong support of the 
nomination of Governor Christine Todd Whitman to become the next 
Administrator of the Environmental Protection Agency. As chairman of 
the Environment and Public Works Committee, I have full confidence that 
she is the right person for this job and will be an outstanding leader. 
She has an incredible environmental record as the Governor

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of New Jersey. New Jersey has cleaner air; the number of days that her 
State violated the Federal 1-hour standard for ozone dropped from 45 in 
1988 to only 4 last year.
  It is a remarkable accomplishment. The water is cleaner. The fish 
population is thriving. New Jersey beaches are once again clean and 
open for enjoyment, beaches that I enjoyed, I might add, as a young man 
growing up in New Jersey. There was a brief hiatus where it was not 
even safe to walk those beaches. Annual beach closings dropped from 800 
in 1988 to just 11 last year. That is 11 too many, but still it is an 
incredible task in development.
  The National Resources Defense Council has praised New Jersey for 
having the most comprehensive beach monitoring system in the entire 
Nation.
  Under Governor Whitman, New Jersey has been a national leader in 
redeveloping brownfields, which has long been an issue for me as the 
chairman of this committee, and even prior to becoming the chairman--in 
reforming the brownfields legislation to clean up these blights on our 
society. That experience in dealing with brownfields will be invaluable 
as we develop Federal legislation.
  Conservation has also been a top priority for this nominee. During 
her 7 years as Governor of New Jersey, more open space and farmland was 
preserved than in the previous 32 years. She has preserved more land 
than any previous administration in New Jersey, and under a 
conservation program that she established, and was overwhelmingly 
approved by the voters, nearly 1 million acres will be preserved by the 
year 2010.
  The list of her environmental accomplishments goes on and on, from 
air quality to smart growth to species conservation. The bottom line is 
that New Jersey's air, water, and land are cleaner because of Governor 
Whitman.
  It is remarkable and, some hate to say, unusual for a nominee to be 
this qualified for this position. This is all occurring when the 
economy is stronger than ever. We can have a clean environment and a 
strong economy, and Governor Whitman has proven that.
  What is most impressive about Governor Whitman's record is how she 
achieved this environmental success. It is an approach that focuses on 
results, an approach with which I totally identify and agree, results 
achieved through cooperation and partnership as opposed to 
confrontation and not working together. You use the hammer of 
enforcement when it is necessary, but if you can lay the groundwork too 
so you do not need to use the hammer, that is even better. We address 
problems in a holistic manner--we look at the entire problem, all the 
sources of pollution air, land, or water. Governor Whitman has done 
that.
  As we begin to tackle the environmental issues of the 21st century, 
we need that ability to think outside the box. We need to have someone 
in this agency saying: Just because we did it yesterday or last year 
does not mean we have to do it again this year. We may want to think 
about something new, something innovative, something flexible.
  Governor Whitman, with her record and experience, is the right person 
to oversee the protection of our environment. President Bush is to be 
congratulated for choosing such a strong protector of the environment 
to head the EPA.
  On a personal level, in the private meeting I had with Governor 
Whitman, we discussed the environmental agenda of President Bush. We 
also discussed her own environmental agenda. I found it very much in 
tune with mine. We were talking at great length about the utility 
emissions reduction, the so-called bubble bill, where we cap and trade 
and bring utilities and other sources of pollution under this bubble to 
bring down the emissions. This is a high priority for President Bush 
and for Governor Whitman. I look forward to working with her on that.
  Brownfields, which I discussed a moment ago, is also one of her top 
priorities. I predict, working with Administrator Whitman, we will move 
out of the gate very quickly with good strong brownfields legislation 
which will allow us to get into these communities where these 
contaminated sites are. Some are asbestos-filled buildings or other 
messes that have been left by industrial development. We will clean it 
up. We will remove the unfair liability and allow the contractors to 
get on site and clean them up.
  The spinoff is remarkable: A, you clean up the environment; B, you 
create jobs; C, you allow areas to be developed that were developed and 
you do not have to put more pressure on green space somewhere else 
because now you can clean up, you can build and put new industries on 
the old industrial site. It is a tremendous opportunity, and it is very 
exciting to think about working on this with Governor Whitman.
  We must address the environmental infrastructure, the combined sewage 
overflow, storm and sewage overflow. There is much infrastructure that 
is necessary to look at. She, again, has experience in this area, and 
we can work together.

  On conservation funding, we need to get dollars into the areas we 
can; with a willing seller and a willing buyer to perhaps set aside new 
land and, at the same time, protecting private property rights and 
encouraging dollars to help fish and wildlife and other areas of our 
environment.
  Something the Governor and I really click on is the MTBE issue, which 
is a big issue in her State as well as it is in mine. We have to work 
together to try to remove that contamination that is such a problem all 
across the country, but especially in New Hampshire, California, New 
Jersey, and several other States where MTBE gets into the water supply. 
We have to do something about the leaking underground storage tanks 
that create this problem and, at the same time, begin to develop 
another source to replace MTBE to still keep the air clean with no 
backsliding and see to it that we keep this kind of chemical out of our 
water supply.
  It is an ambitious agenda. She is up to that agenda. She is up to the 
task. I look forward to working with her, and I am very anxious to see 
her nomination move quickly through the Senate this afternoon.
  Mr. President, I reserve the remainder of my time and yield the 
floor.
  The PRESIDING OFFICER (Mr. Crapo). The Senator from Nevada.
  Mr. REID. Mr. President, I came to this session of Congress as 
chairman of this committee, the committee of jurisdiction dealing with 
Christine Todd Whitman. For 17 days, I was chairman of the Environment 
and Public Works Committee. One of my first acts was to hold hearings 
regarding Gov. Christine Todd Whitman. Part of me said this is my 
chance to stand out. This is somebody who wants to be the Administrator 
of the Environmental Protection Agency, someone whose name has been 
submitted to us by President Bush, whom I did not support in the 
election. I thought it would be a time to set a real good record show, 
maybe not a lot, but a significant number of Senators, that they should 
vote against her.
  I went into the hearing with that direction: What could we do to show 
that she would do a bad job. We had questions from all types of her 
enemies in the State of New Jersey, many of which we asked orally; the 
others we submitted to her in writing.
  I say candidly, this woman did a great job before the committee 
answering these questions. We went through four different rounds of 
questions. Some Senators sat through the entire hearing. It was long. 
It started at 9:30 in the morning and ended around 1 o'clock, as I 
recall, or 1:30 p.m. that day. She, I repeat, answered every question 
we submitted to her. She did not appear to be evasive. When we 
submitted the questions to her in writing, the answers we got back, as 
far as I am concerned, especially on issues relating to the State of 
Nevada, were even stronger than her oral answers.
  I do not proudly say there was a part of me when these hearings 
started that wanted to find things against her. I say to the Senate and 
those within the sound of my voice, that perhaps was a wrong attitude. 
Certainly she was able to alleviate any questions I had about whether 
or not she should be the Administrator of the Environmental Protection 
Agency.
  This is an important agency. I have been on the committee since I 
came to the Senate. I have seen EPA Administrators come, and I have 
seen them go. I am confident--and I am very hopeful--that she will be a 
very good EPA Administrator.

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  Of all the testimony that she gave, the only concern I have --and I 
told her this at the hearing--is that I hope she does not depend too 
much on voluntary compliance. I have no problem if she wants to try it, 
but let's not push this envelope too far. My experience has been, in 
the environmental field, voluntary compliance simply does not work.
  This agency is responsible for protecting both the health of our 
citizens and the health of our environment. The agency must ensure that 
Federal laws protecting human health and the environment are fairly and 
effectively enforced.
  There are 10 comprehensive environmental protection laws that 
Governor Whitman must administer, including the Clean Air Act, the Safe 
Drinking Water Act, and the Superfund law. These are very important 
laws. She and the regional offices she directs throughout the country 
need to implement them. Leading this agency is a big job.
  The Administrator of the EPA needs to ensure that these 
responsibilities are carried out, in addition to overseeing the 
Agency's environmental research and making recommendations to the 
President on environmental policy.
  Given the importance of the mission of this agency and the role it 
must play in developing the future direction of environmental 
protection, I am joining with my colleague, Senator Barbara Boxer, as a 
sponsor of a bill that would give the Environmental Protection Agency 
Cabinet level status. I have supported efforts in the past in this 
regard, and I certainly support the efforts today. I think it should be 
a Cabinet office.
  As my friend, the chairman of the committee, has acknowledged, she 
has been the Governor of New Jersey since 1993. Her accomplishments as 
Governor are significant: Preserving open space and farmland in New 
Jersey; expanding the brownfields redevelopment program, and having one 
of the most comprehensive beach monitoring programs in the entire 
country. I can remember, it was not long ago, I was speaking to Senator 
Bradley. Being from Nevada, it was hard for me to comprehend, but 
syringes and needles were washing up on the shore. People were afraid 
to go to the beaches. That is no longer a problem in the State of New 
Jersey, or at least it is a very minor problem.
  Governor Whitman has seen the importance of the partnership between 
the Federal Government and the States in accomplishing mutual goals, 
such as cleaning up Superfund sites. I think it is significant that 
rather than what happens in many States, where people and Governors and 
State entities go out of their way to prevent Superfund sites from 
being declared, she did just the opposite. She went around soliciting 
to help the Federal Government clean up these sites that needed to be 
cleaned up. Therefore, we have a significant number of Superfund sites 
there. I believe the State of New Jersey has more Superfund sites than 
any other State in the Union.
  She testified before our committee that she would do what she could 
to make sure that Superfund became an effective law and continued being 
an important law.
  I will hold her to the promise she gave to the committee to support, 
defend, and enforce the laws of this land. In particular, I am glad 
that she and the President intend to make sure Federal facilities will 
comply with the same environmental standards that apply to private 
facilities. I am glad she has recognized that the Environmental 
Protection Agency must fulfill its legal obligation to set radiation 
protection standards for Yucca Mountain in the State of Nevada. This is 
the facility that is being looked at to determine whether or not it can 
safely hold nuclear waste.

  I think she recognizes the Federal Government's legal obligation to 
set radiation standards for Yucca Mountain that fully protect human 
health and the environment. To my mind, anything less stringent than 
the final rule would not satisfy that responsibility.
  While she has not been fully briefed on all these issues, and some of 
the answers provided to the committee reflected that, the Governor did 
say at her hearing she is committed to working on these issues. It is 
my hope she will look carefully at the recent actions of the new 
administration that would halt some of the proposals, as well as the 
progress of the last administration.
  I expect Governor Whitman to consult with us, the committee, before 
making any changes that would weaken our environmental protections. We 
have come too far to allow a single-minded or shortsighted action to 
set us back environmentally. There are too many problems out there. 
People want clean air. They want pure water. They want these sites that 
are so dangerous to be cleaned up.
  We have, in the State of Nevada, regarding Superfund, some very good 
history. I can remember coming into Reno and there was a huge pit. We 
called it the Helms Pit. The State of Nevada's small environmental 
protection agency was fighting, working with the oil companies, to do 
something about the black stains that appeared on this huge gravel pit. 
In the bottom of it was water. Just a few feet away was the Truckee 
River--the source of water for the entire State.
  I directed the EPA to take a look at it. Within 2 weeks, an emergency 
Superfund site was declared at the Helms Pit. Here it is now, 8 or 9 
years later, and this is a beautiful area called the Sparks Marina, 
full of water, with motor boats on this little lake. It is just 
beautiful. And it is all as a result of the Federal Government. It is 
the Federal Government at its best. The government came in and 
determined that it was dangerous. There were millions of gallons of 
fuel that leaked out of pipelines the oil companies had brought into 
the area. They paid for it. The Federal Government didn't pay for it. 
The oil companies paid for it.
  Now all of northern Nevada has benefited from this environmental law 
that we passed a number of years ago. So I think it is important we do 
not set back the progress we have made over the last decade.
  I expect, as I have indicated, she will consult with us before making 
any changes that will weaken our environmental laws. She has a credible 
environmental record, certainly not perfect, but a credible 
environmental record, and a profound understanding of conservation 
issues from a New Jersey perspective. She now needs a perspective for 
the entire country.
  As Administrator of EPA, she will have an opportunity to learn about 
the different regional environmental challenges that face Americans 
from coast to coast. For example, in Nevada we face a situation in 
which dozens of small communities, through no fault of their own, will 
be in violation of the new safe drinking water regulation standard for 
arsenic. The issue of naturally occurring arsenic contaminating 
drinking water may not have been a major issue in New Jersey, but in 
Nevada it is something that I am confident she can learn about and help 
communities address.

  These challenges are significant. It will be an important task for 
Governor Whitman to ensure that, all through the western United States, 
the water standards that have been set can be met. We know from a 
health perspective they should be met. We need the Federal Government 
to step in and help us with some of these small communities.
  The Environmental Protection Agency has a 30-year history to be proud 
of. I hope, by working together, we can continue to do just that--
protect our environment for generations yet to come.
  Mr. President, I support the nomination of Gov. Christine Todd 
Whitman to be the Administrator, and maybe soon the Secretary, of the 
Environmental Protection Agency and urge my colleagues to do the same.
  Before vacating the floor, I want to say, early in this session, what 
a pleasure it has been to work with the chairman of the committee, Bob 
Smith. He and I have a long history of working together. We were both 
on the Select Committee on MIA-POWs. It was a very difficult year we 
spent together. We also spent some difficult time together, and some 
pleasant time together, as the two party leaders on the Ethics 
Committee. I have found him to be fair and to always have an open door. 
I look forward to working with him as the ranking member of the 
Environment and Public Works Committee.

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  Mr. SMITH of New Hampshire. I appreciate the comments of my colleague 
very much. I also commend Senator Reid for the expeditious and 
nonpartisan way in which he has handled the nomination during his 
tenure as chairman, which was ever so brief. It was a pleasure to work 
with the Senator. I look forward to working with the Senator in the 
future.
  Mr. President, how much time is remaining on the Whitman nomination?
  The PRESIDING OFFICER. The Senator from New Hampshire has 5\1/2\ 
minutes. The Senator from Nevada has 3\1/2\ minutes.
  Mr. SMITH of New Hampshire. Mr. President, I am going to just take 
another 2 or 3 minutes to make some comments on the Norton nomination 
and then will not use all of the remaining time but will be happy to 
yield it back so we can move to the next nominee.
  Again, let me just reiterate my strong support for Governor Whitman 
in this position as EPA Administrator.
  She is extremely well qualified--one of the most qualified people 
ever to be recommended for the job. She has firsthand experience as a 
Governor dealing with these problems--some of them on the receiving end 
of the Federal Government and other times just working in cooperation 
with the Federal Government.
  It is an exciting opportunity to work together on the agenda I talked 
about a few moments ago: clean air, clean water, infrastructure, many 
other issues that will be coming before us, including MTBE, which is a 
big issue in New Hampshire and New Jersey.
  Mr. CORZINE. Mr. President, I rise in support of the nomination of 
Christine Todd Whitman to be Administrator of the Environmental 
Protection Agency.
  Christine Todd Whitman has a long and distinguished record of public 
service, and has made many important contributions to my State of New 
Jersey. She is well qualified to head the EPA, and I urge my colleagues 
to support her nomination.
  Governor Whitman is highly articulate and persuasive. She genuinely 
cares about the issues, and she knows how to make an impact.
  Governor Whitman has been a leader in protecting New Jersey's 127-
mile shoreline and in fighting for cleaner air, guarding against the 
kind of pollution that knows no state boundaries. As an individual and 
a Governor, she has demonstrated a strong commitment to preserving open 
space.
  The Administrator of EPA has the primary responsibility for ensuring 
that our air and water is clean, our natural resources are preserved, 
and our public health protected. It is a difficult job. It often 
requires a careful evaluation of highly complex scientific data, and an 
ability to translate that data into detailed policies. It needs someone 
who will fight internal battles to make environmental protection a 
budget priority. It needs someone who will work with local communities 
and businesses to find mutually acceptable solutions to environmental 
problems. And it needs someone who, when necessary, will be tough on 
polluters and force them to do the right thing.
  I believe that Governor Whitman has the background, the experience 
and the skills necessary to do the job, and to do it well. I know that 
we will not always agree on every policy issue. This became clear 
during the hearing on her nomination in the Environment and Public 
Works Committee. In fact, I was concerned by some of her answers with 
respect to the need for tough enforcement against polluters and the 
need to ensure that environmental decisions adequately respect the 
rights of minorities and other disadvantaged groups.
  However, I remain hopeful that Governor Whitman will use her 
considerable skills to be a strong environmental advocate, and I look 
forward to working with her to ensure that EPA remains committed to 
strong and effective enforcement of our environmental laws.
  With that, I want to conclude my remarks and wish Governor Whitman 
the best of luck as she undertakes this important new challenge.
  Mr. KERRY. Mr. President, I would like to make a short statement on 
President Bush's nomination of New Jersey Governor Christine Todd 
Whitman to serve as Administer of the Environmental Protection Agency I 
have known Governor Whitman for many years. I admire her public service 
record and believe she comes to this job with a strong committment and 
sensitivity to its many responsibilities. I welcome the opportunity to 
vote for her.
  President Bush's choice of New Jersey governor Christine Todd Whitman 
is positive signal regarding the environmental agenda that he will 
pursue over the next four years at EPA. Under her guidance, New Jersey 
has worked with other Northeastern states to strengthen local and 
national clean air protections. For example, Ms. Whitman recently 
supported the EPA's newly announced rule to reduce pollution from 
diesel fuel. Ms. Whitman has been a strong advocate of preserving open 
space. On the issue of coastal and marine protection, which is of 
particular concern to my state of Massachusetts, Ms. Whitman has 
advocated tougher controls on ocean pollution and enhanced protection 
of our seashores.
  One area of concern how been expressed regarding Ms. Whitman's 
record. Conservation groups in New Jersey claim that during her time as 
New Jersey governor, Ms. Whitman took a somewhat lax approach to 
enforcement of environmental law. Needless to say I believe 
environmental law should be enforced as strenuously as any other law. I 
anticipated that Ms. Whitman will recognize her new responsibilities 
and leave no one doubting her willingness to enforce the law 
vigorously.
  While I certainly do not share all of Ms. Whitman's views on 
environmental protection, I believe that she has shown balance and a 
willingness to listen to all sides throughout her career. I wish her 
well at the EPA, look forward to working with her and will vote for her 
nomination today.
  Mr. TORRICELLI. Mr. President, I rise to support Christine Todd 
Whitman as President Bush's nominee for Administrator of the 
Environmental Protection Agency. During her years as Governor we have 
waged many fights together from open space preservation to ending ocean 
dumping.
  President Bush has made a wise selection. The EPA and the country 
will be getting an Administrator who is qualified, battle-tested and 
ready to tackle the challenges that lie ahead for this Agency. With 
this nominee, there will be no learning curve.
  There are few training grounds that could better prepare someone for 
this position than the Governor of New Jersey. As Chief Executive of 
the State, Governor Whitman has the managerial and administrative 
experience of running an agency as large as the EPA. But more 
importantly, no state has a better sampling of the issues facing the 
incoming Administrator of the EPA than New Jersey.
  With 127 miles of shoreline, Governor Whitman has dealt extensively 
with issues of clean water and non-point source pollution. She knows 
first-hand the threats to the economy and the environment from ocean 
dumping. Governor Whitman has increased funding for beach cleanups, and 
under her watch, beach closings have dropped from 800 in 1989 to just 
11 in 1999.
  With more Superfund sites than any other state in the Union (111), 
she knows what works and what doesn't in the Superfund program. She has 
seen the value of a concerted effort to turn urban brownfields into 
productive industrial and commercial sites.
  With the many dense urban centers in New Jersey, she has dealt with 
the complex funding and regulatory issues of upgrading dilapidated 
sewer systems and controlling combined sewer overflow.
  As Governor of our Nation's most developed State, she initiated and 
passed a landmark $1 billion bond measure to preserve one million acres 
of farmland, forest, watersheds, and urban parkland. Few elected 
officials in this Nation, yet alone, this Cabinet, have a better 
understanding of what is needed to curb sprawl and protect our open 
spaces, than Christie Whitman.
  But more than her record of environmental progress, what makes 
Governor Whitman uniquely qualified for this position is her 
understanding that economic and environmental progress are not mutually 
exclusive goals. For example, travel and tourism generates $28 billion 
in revenue and employs nearly 800,000 people in Central and

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Southern New Jersey. No issue is more important to those jobs than 
ocean quality. Yet the Port of NY/NJ is a vital component of economic 
growth and employment in the northern part of NJ contributing $20 
billion annually to the economy and supporting nearly 200,000 jobs. I 
have worked with Governor Whitman to balance these constituencies and 
develop a policy that ended ocean dumping while still allowing for the 
continuation of the dredging necessary for the Port's continued growth.
  The job for which Governor Whitman seeks confirmation is by no means 
an easy one. The challenges faced by the next Administrator are both 
numerous and difficult. The Superfund and Clean Water and Clean Air 
Acts have not been re-authorized in a decade and there are new 
challenges on the horizon, especially in our urban areas. Our urban 
centers have sewer systems that were built at the turn of the 19th 
Century. They frequently back-up and endanger public health and water 
quality because they are incapable of handling overflow. Too often 
industries unwanted anywhere else find homes on city blocks because of 
the jobs they offer and the taxes they pay. The next Administrator must 
make a priority of closing the gap between available funds and 
infrastructure needs and ensuring that environmental justice is more 
than a think tank slogan.
  I am confident that Governor Whitman will do this and more. The 
challenges ahead are many--protecting our drinking water and purifying 
our air, preserving open space and reforming Superfund. But President 
Bush could not have selected a nominee with more experience and 
commitment than Governor Whitman. I have the utmost confidence that she 
will do the Senate and her home State very proud, and I urge her 
confirmation.
  Mr. WARNER. Mr. President, I join today in supporting the nomination 
of Christine Todd Whitman to be Administrator of the Environmental 
Protection Agency.
  As a member of the Committee on Environment and Public Works, I have 
had the opportunity to discuss with the nominee the many challenging 
environmental and public health issues facing us today.
  As the former, two-term governor of New Jersey, Ms. Whitman brings to 
this position on the ground experience in finding solutions and making 
progress on environmental problems. Today, New Jersey's beaches, once 
plagued with closures, have seen dramatic reductions in closures due a 
comprehensive beach monitoring system. New Jersey's brownfields 
redevelopment initiations are leading the nation in revitalizing urban 
centers.
  Mr. President, Ms. Whitman brings to this important post a record of 
accomplishment. More importantly, she has a demonstrated ability to 
find common ground to make progress on complex problems. Her experience 
as a state executive will guide her as she works with our state 
partners to improve air and water quality, to restore abandoned 
industrial sites and to reinvigorate the Superfund program.
  I have every confidence of her steadfast commitment to advancing the 
protection of public health and the environment. I look forward to 
working with her and urge my colleagues to support her nomination.

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