[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[Senate]
[Page 3984]
[From the U.S. Government Publishing Office, www.gpo.gov]




    NOMINATION OF STEPHEN JOHNSON TO BE DEPUTY ADMINISTRATOR OF THE 
                    ENVIRONMENTAL PROTECTION AGENCY

  Mr. WYDEN. Madam President, today, I announced my intention to object 
to any unanimous consent request for the Senate to take up the 
nomination of Stephen Johnson to be Deputy Administrator of the 
Environmental Protection Agency. I did this because I have been trying 
to obtain information concerning EPA's decision to become involved with 
the City of Portland's combined sewer overflow program since last 
August. Despite numerous requests, EPA has to this point failed to 
answer my questions and failed to provide me with the documents I have 
requested, with the exception of a limited number of documents that EPA 
would have to provide to any requester under FOIA.
  There are legitimate questions about EPA's decision to intervene 10 
years after the City signed an enforceable order with the State of 
Oregon and after the city and its ratepayers have spent more than $500 
million to reduce sewer overflows. But to date, I have been unable to 
get answers to my questions from EPA despite repeated requests.
  Last August, I wrote to the Acting EPA Administrator Marianne Horinko 
requesting answers to a number of questions concerning EPA's decision 
to become involved with the City of Portland's combined sewer overflow 
program. I also requested copies of documents about the Portland sewer 
situation. I never received answers to my specific questions, and I 
have received only a small number of the documents I requested.
  I also submitted written questions following a hearing of the Senate 
Environment and Public Works Committee on September 15 to then EPA 
Assistant Administrator for Water, Tracy Mehan. I never received a 
response from Mr. Mehan, who has subsequently left the agency, or 
anyone else from EPA.
  In October, I received a letter from Acting EPA Administrator 
Marianne Horinko promising to ``work[] with your staff to identify 
which of the documents that are not enforcement sensitive or 
confidential would be most helpful to you.'' Since then, I have 
received only a slim file of documents that doesn't begin to answer my 
questions.
  Finally, I ask EPA Administrator Leavitt to look into this personally 
more than a month ago.
  Until I receive answers to my questions and the documents I need to 
exercise my oversight responsibilities over EPA as a member of the 
Senate Environment and Public Works Committee, I will continue to 
object to any unanimous consent request for the Senate to take up the 
nomination of Stephen Johnson to be Deputy Administrator of the 
Environmental Protection Agency.

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