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S. HRG. 111–1185 

HEARING ON THE NOMINATION OF 

REGINA McCARTHY TO BE ASSISTANT 

ADMINISTRATOR, OFFICE OF AIR AND RADIATION, 

OF THE ENVIRONMENTAL PROTECTION AGENCY 

HEARING 

BEFORE THE

COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS 

UNITED STATES SENATE 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

APRIL 2, 2009 

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

( 

Available via the World Wide Web: http://www.gpo.gov/fdsys 
(II) 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

BARBARA BOXER, California, Chairman 

MAX BAUCUS, Montana 

THOMAS R. CARPER, Delaware 

FRANK R. LAUTENBERG, New Jersey 

BENJAMIN L. CARDIN, Maryland 

BERNARD SANDERS, Vermont 

AMY KLOBUCHAR, Minnesota 

SHELDON WHITEHOUSE, Rhode Island 

TOM UDALL, New Mexico 

JEFF MERKLEY, Oregon 

KIRSTEN GILLIBRAND, New York 

ARLEN SPECTER, Pennsylvania 

JAMES M. INHOFE, Oklahoma 

GEORGE V. VOINOVICH, Ohio 

DAVID VITTER, Louisiana 

JOHN BARRASSO, Wyoming 

MIKE CRAPO, Idaho 

CHRISTOPHER S. BOND, Missouri 

LAMAR ALEXANDER, Tennessee 

BETTINA POIRIER, Staff Director 

RUTH VAN MARK, Minority Staff Director 
(III) 

C O N T E N T S 

Page 

APRIL 2, 2009 

OPENING STATEMENTS 

Boxer, Hon. Barbara, U.S. Senator from the State of California ........................ 1 

Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma .................... 2 

Carper, Hon. Thomas R., U.S. Senator from the State of Delaware ................... 4 

Voinovich, Hon. George V., U.S. Senator from the State of Ohio ........................ 6 

Dodd, Hon. Christopher J., U.S. Senator from the State of Connecticut ............ 8 

Cardin, Hon. Benjamin L., U.S. Senator from the State of Maryland, prepared 

statement .............................................................................................................. 72 

Sanders, Hon. Bernard, U.S. Senator from the State of Vermont, prepared 

statement .............................................................................................................. 73 

Kerry, Hon. John, U.S. Senator from the State of Massachusetts, prepared 

statement .............................................................................................................. 73 

Kennedy, Hon. Edward M., U.S. Senator from the State of Massachusetts, 

prepared statement .............................................................................................. 73 

Lieberman, Hon. Joseph I., U.S. Senator from the State of Connecticut, prepared statement ................................................................................................... 74 

WITNESSES 

McCarthy, Regina, nominated to be Assistant Administrator, Office of Air 

and Radiation, of the Environmental Protection Agency ................................. 11 

Prepared statement .......................................................................................... 13 

Responses to additional questions from: 

Senator Boxer ............................................................................................ 17 

Senator Lautenberg ................................................................................... 19 

Senator Sanders ........................................................................................ 21 

Senators Inhofe, Voinovich, Vitter, and Bond ......................................... 23 

Senator Vitter ............................................................................................ 60 

Senator Barrasso ....................................................................................... 62 

(1) 

HEARING ON THE NOMINATION OF REGINA 

McCARTHY TO BE ASSISTANT ADMINISTRATOR, OFFICE OF AIR AND RADIATION, 

OF THE ENVIRONMENTAL PROTECTION 

AGENCY 

THURSDAY, APRIL 2, 2009 

U.S. SENATE, 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, 

Washington, DC. 

The committee met, pursuant to notice, at 10 a.m. in room 406, 

Dirksen Senate Office Building, Hon. Barbara Boxer (chairman of 

the committee) presiding. 

Present: Senators Boxer, Inhofe, Carper, Voinovich, and Udall. 

OPENING STATEMENT OF HON. BARBARA BOXER, 

U.S. SENATOR FROM THE STATE OF CALIFORNIA 

Senator BOXER. Good morning. This morning the Environment 

and Public Works Committee will consider President Obama’s nomination of Gina McCarthy to be the Assistant Administrator of the 

Office of Air and Radiation at the U.S. Environmental Protection 

Agency. I am so pleased that President Obama has selected someone with such a strong background in clean air protection for this 

critical role at the EPA. 

Gina McCarthy comes to this position with nearly three decades 

of experience in public service and a unique record of accomplishment in addressing air pollution, including greenhouse gas emissions, and at the State level in Massachusetts and Connecticut. 

Gina McCarthy was appointed by a Republican Governor, Jodi Rell 

of Connecticut, and brings to this role a spirit of bipartisanship 

that I greatly appreciate. 

The Office of Air and Radiation oversees the development of national programs, policies and regulations for addressing air pollution and radiation exposure. This nomination is especially important to the people of my State. California faces some of the most 

dangerous air pollution issues in the Country. Pollution around our 

ports, including the Ports of Los Angeles and Long Beach, is responsible for increased rates of respiratory diseases, including cancer, among families who live near those facilities. We have actually 

tracked those cancers and we can see that. 

The California Air Resources Board estimates that diesel emissions contribute to 2,000 premature deaths each year. The health 

costs of diesel emissions are billions of dollars each year. Millions 
2 

of people in areas like the Central Valley and the Inland Empire 

experience dangerous air pollution day after day. 

The Obama administration has already begun to reverse many of 

the previous Administration’s environmental rollbacks. During his 

first week in office, President Obama announced an EPA review of 

the California waiver decision. In a speech to a joint session of Congress, President Obama underscored his support for a marketbased cap on carbon. The EPA has sent the endangerment finding 

to the Office of Management and Budget, and there are reports 

that it will be released very soon. These are positive developments. 

I am also pleased that EPA has recently taken steps to test dangerous air pollution around schools, including schools in my State. 

I believe this program should be expanded so that any school 

where children may be exposed to dangerous air pollution is addressed. 

This is a pivotal time for the EPA. I am very pleased to see that 

under the leadership of Administrator Jackson, EPA has already 

begun to reverse the damage that was done under the previous Administration and return the EPA to its mission to protect the public health and the environment. The Assistant Administrator for 

Air and Radiation will play a crucial role in continuing that process. 

I look forward to hearing from today’s nominee. I took 3 minutes 

to do that speech, so that is what we are going to give everybody 

today, 3 minutes for an opening, and then we will get right to Regina McCarthy, who I would her to take her seat, if she would. 

Senator INHOFE. 

OPENING STATEMENT OF HON. JAMES M. INHOFE, 

U.S. SENATOR FROM THE STATE OF OKLAHOMA 

Senator INHOFE. Thank you, Madam Chairman. First of all, that 

Office of Air and Radiation at the Environmental Protection Agency is very, very significant. It has a great effect on our economy. 

I want to say to Ms. McCarthy, thank you very much for the inconvenience you had to go to to meet with me way over at the Armed 

Services Committee. I appreciate that very much. 

It is my understanding, Madam Chairman, that you want to hold 

a business meeting on Ms. McCarthy’s nomination the week that 

we return, which at this point I have no problem with that. I think 

I would agree with you. But first, I need to provide a little historic 

context, which has nothing to do with Ms. McCarthy. This all happened before. 

The Senate has not confirmed a nominee for this position in 8 

years, not since 2001. It is due entirely to the opposition of my colleagues on the other side of the aisle. Opposition arose from allegations that nominees failed to provide timely and complete answers 

to questions submitted to them, and in effect, Madam Chairman, 

the standard was set by you and by the Democrats on this Committee. In order to advance this nominee as expeditiously as possible, as you have stated, and I have agreed that we need to do, 

the minority will need to timely complete the answers to our questions. 

I want to say that Ms. McCarthy has already done this. We received a document this morning. We haven’t had a chance to re-
3 

view it yet. I am sure there are some things that we may want to 

pursue. 

As I indicated earlier, the next Assistant Administrator of Air 

will face several daunting regulatory challenges. These are just a 

few, meeting the new deadlines for attainment of National Ambient 

Air Quality Standards, addressing interstate air pollution, continuing reductions in mercury and other hazardous air pollutants, 

implementing the next phase of the renewable fuel standard and 

a pending decision on the California waiver. 

Ms. McCarthy, these issues by themselves will overwhelm you 

and your calendar. And yet as time-consuming as these policies will 

be, they pale in comparison to what would ensue if CO2 becomes 

a regulated pollutant under the Clean Air Act. If the EPA makes 

an endangerment finding under the Act, and according to recent 

new accounts, this decision has already been made by the Administration, it could extend EPA’s regulatory reach into every corner of 

the economy. 

Ms. McCarthy, I hope that you will approach pending decisions 

on the greenhouse gas regulation with great care, and to the extent 

that you can, ensure that the concerns of small businesses, families, and every American who uses energy would receive proper 

hearing. I have had the pleasure of meeting you briefly and I have 

every reason to believe you would be very cooperative. We look forward to getting this information from you. 

Thank you, Madam Chairman. 

[The prepared statement of Senator Inhofe follows:] 

STATEMENT OF HON. JAMES M. INHOFE, U.S. SENATOR

FROM THE STATE OF OKLAHOMA

Thank you, Chairman Boxer, for calling this hearing today. I welcome you, Ms. 

McCarthy, to our committee and I look forward to working with you. 

The Office of Air and Radiation at the Environmental Protection Agency issues 

regulations that protect the air we breathe. Those regulations also significantly impact the American economy. For these reasons, the job of Assistant Administrator 

for Air entails serious responsibilities. This committee and the full Senate, therefore, must thoroughly assess the qualifications of the nominee to head the office. 

I understand, Madam Chairman, that you wish to hold a business meeting on Ms. 

McCarthy’s nomination the week we return from recess. At this point, I have no objection to that schedule. But first, I need to provide a little historical context. The 

Senate has not confirmed a nominee for this position in 8 years—due entirely to opposition from my colleagues on the other side of the aisle. 

Opposition arose from allegations that nominees failed to provide timely and complete answers to questions submitted to them. In effect, Madam Chairman, a standard was set by you and your colleagues: in order to advance this nomination as expeditiously as possible, the minority will need timely and complete answers to our 

questions. Let’s hope that occurs. 

As I indicated earlier, the next Assistant Administrator for Air will face several 

daunting regulatory challenges. Let me list a few: meeting new deadlines for attainment of national ambient air quality standards; addressing interstate air pollution; 

continuing reductions in mercury and other hazardous air pollutants; implementing 

the next phase of the renewable fuel standard; and a pending decision on the California waiver. 

Ms. McCarthy, these issues by themselves will overwhelm your calendar. And yet 

as time-consuming as these policies will be, they will pale in comparison to what 

will ensue if CO2 becomes a regulated pollutant under the Clean Air Act. If EPA 

makes an endangerment finding under the Act—and according to recent news accounts, this decision has already been made by the Administration—it could extend 

EPA’s regulatory reach into every corner of the U.S. economy. 

Ms. McCarthy, I hope that you will approach pending decisions on greenhouse gas 

regulation with great care, and to the extent you can, ensure that concerns from 
4 

small businesses, families, and every American who uses energy receive a proper 

hearing. 

I had the pleasure of meeting you briefly yesterday, and I value your commitment 

to public service. You have an impressive background in serving Connecticut and 

Massachusetts with distinction. I look forward to hearing more about your record 

today. 

As you well know, Ms. McCarthy, there is an enormous amount at stake here. 

If the policies pursued are not pursued with great care and restraint, this great machine we call America will grind to a halt. That’s something I know everyone here 

wants to avoid. So I urge you to work with us—majority and minority—in addressing the issues now before us and those yet to come. 

Senator BOXER. Thank you so much, Senator. 

Senator, we are checking on that 8 years, because we believe 

that Mr. Wehrum was in that position—I am sorry—— 

Senator INHOFE. But he was not confirmed. 

Senator BOXER. No, I am sorry, Homestead was in that position. 

But we will find the exact date, because I would be shocked that 

it was 8 years. 

Senator INHOFE. OK, that is fine. And I am glad that you are 

shocked. 

Senator BOXER. It wasn’t 8 years. 

Now, here is the situation. We have Senator Dodd with us. We 

are so happy he is here to introduce Regina McCarthy. Is your 

schedule tough or can you wait 9 minutes? It is up to you. 

Senator DODD. Absolutely I can wait. 

Senator BOXER. You are OK, all right, wonderful. Then we will 

go to Senator Carper. 

OPENING STATEMENT OF HON. THOMAS R. CARPER, 

U.S. SENATOR FROM THE STATE OF DELAWARE 

Senator CARPER. Ms. McCarthy, welcome, thank you for bringing 

Senator Dodd with you this morning. I understand you might have 

brought a couple of people from your family, too, and we look forward to welcoming them. 

I will just say right now to those who are gathered from the 

McCarthy clan, what was your maiden name? 

Ms. MCCARTHY. My nickname is Gina, my maiden name is 

McCarthy and my husband’s name is McCarey. Confusing. 

[Laughter.] 

Senator CARPER. That is a lot of Irish. I hope you are lucky, we 

need some luck. We are glad you are here, we welcome you and 

thank you for your willingness to serve. 

For those in your family that are here, thank you for your willingness to share a good woman with us. Ms. McCarthy and I come 

from parts of the Country that I refer to as the end of the Nation’s 

tail pipe. And it is great to live in Delaware, it is great to live along 

the east coast. But that is one aspect that we don’t like, and we 

are anxious to do something about it. 

I know you tried to address air pollution in your State through 

a multi-pollutant approach. You had impressive results and we are 

encouraged by that. We think in—— 

Senator BOXER. I am sorry, we are in a debate over here. 

[Laughter.] 

Senator INHOFE. We are listening to everything you say. 

Senator BOXER. It is the usual Boxer-Inhofe debate. I am so 

sorry. Please. You have the floor. 
5 

Senator CARPER. Thanks so much. I will start over again. 

[Laughter.] 

Senator CARPER. In too many respects, opportunities for progress 

on clean air have largely been squandered over the last 8 years. It 

seems like every time we want to get something done, every major 

clean air regulation that the Bush administration has tried to move 

has been rejected by the courts. And as a result, we are left with 

no meaningful Federal regulations to clean up our dirtiest fossil 

fuel power plants. 

And as the Assistant Administrator for Clean Air, you will need 

to write at least, I think, three major rules in the next couple of 

rules to replace the Clean Air Interstate Rule, to replace the flawed 

mercury rule and replace the participate matter rule. You will need 

to implement vital air toxic risk rules that have been shelved or 

unfunded by the last Administration. 

As if that is not enough, you are going to be called on to address 

how we move forward on climate change and on renewable fuels 

under the Clean Air Act. You have a tough road ahead, but I am 

encouraged that you are experienced and your achievements have 

shown that you can rise to the challenge. We need leaders like you 

who can build alliances. We need people who can build alliances 

and work with Congress and determine a path forward that 

strengthens our economy and protects our air quality. 

So we look forward to working with you, we plan to be your partner in these challenges. Congratulations and good luck. 

[The prepared statement of Senator Carper follows:] 

STATEMENT OF HON. THOMAS R. CARPER, U.S. SENATOR

FROM THE STATE OF DELAWARE

Thank you, Chairman Boxer, for having this hearing today. 

As Chairman of the Senate Subcommittee on Clean Air and Nuclear Safety, I 

warmly welcome Ms. Gina McCarthy to our Committee today. I look forward to today’s discussion. 

Ms. McCarthy and I both come from States that are at the end of what I like to 

call ‘‘the Nation’s tailpipe.’’ She has tried to address air pollution in her State 

through a multi-pollutant approach. And she has had impressive results. 

But if confirmed—Ms. McCarthy—you’ve got your work cut out for you. 

As you know, we’ve had 8 years of delays on clean air. Every major clean air regulation by the Bush administration has been rejected by the courts. 

As a result, we are left with no meaningful Federal regulations to clean up our 

dirtiest fossil-fuel power plants. 

As the Assistant Administrator for Clean Air, you will need to write at least three 

major rules in the next few years to replace CAIR, the flawed mercury rule, and 

the particulate matter rule. 

You will need to implement vital air toxic risk rules that have been shelved or 

unfunded by the last Administration. 

And if that is not enough work, you will also have to address how we move forward on climate change and on renewable fuels under the Clean Air Act. 

You face a tough road ahead. But your experience and achievements have shown 

you will rise to the challenge. 

We need leaders like you who can build alliances, work with Congress, and determine a path forward that strengthens the economy and protects our air quality. 

I especially look forward to working with you, Ms. McCarthy, and hope we can 

move your nomination through quickly. 

Senator BOXER. Senator Carper, thank you. 

Senator Voinovich. 
6 

OPENING STATEMENT OF HON. GEORGE V. VOINOVICH, 

U.S. SENATOR FROM THE STATE OF OHIO 

Senator VOINOVICH. Thank you, Madam Chairman. 

I first of all want to thank your family for the sacrifices that you 

have made so that Regina could serve. If you think you have made 

sacrifices in the past, believe me there are going to be a lot more 

of them. Because the job that she has been nominated for is one 

of the toughest jobs in the Environmental Protection Agency. 

The fact that Ms. McCarthy brings over 20 years of experience 

as an environmental regulator on both the local and State level, I 

know those experiences are going to serve her well in her new capacity. 

I am comforted by the fact that you have had State experience, 

and as a result of that I think will have a better understanding of 

what the implications are of the decisions that you are going to be 

making on just ordinary folks out in the States. 

As Assistant Administrator for Air and Radiation, Ms. McCarthy 

will be responsible for administering some of the most complex and 

contentious regulatory issues facing the Obama administration. 

And those issues include the EPA’s decision on the California waiver request, EPA’s decision on endangerment and regulation of 

greenhouse gas emissions under the Clean Air Act, and implementation of the next standards and regulations to air toxins, some of 

the toughest stuff that you can deal with. 

Subsequent to the courts vacating a series of the Bush administration’s rules limiting emissions from power plants, Ms. McCarthy, you are going to have to decide how to address the regional 

transportation of emissions and Section 126 petitions filed by 

downwind States, have to write and implement regulations to reduce mercury emissions from coal-fired power plants and using 

EPA’s authority to regulate greenhouse gas emissions under the 

Clean Air Act. That is a little bit troubling to me. 

As evidenced by the Agency’s advance notice of proposed rulemaking on the issue, CAA regulation would set forth a multitude 

of costly, burdensome programs regulating nearly every aspect of 

Americans’ lives. The Act’s principal regulatory programs were enacted decades ago for the purpose of controlling regional and local 

air pollution. It was designed to not address the global phenomena 

like greenhouse gases. 

So I think that all of these things are going to have to be taken 

into consideration. I hope that, well, I am confident that you will 

try to throw the ball down the middle as I talked to with you when 

you were in the office. I think we are fortunate to have someone 

like you who is interested in this job and has the experience and 

hopefully will help the Administrator do the job that needs to be 

done for the American people. 

Thank you. 

[The prepared statement of Senator Voinovich follows:] 

STATEMENT OF HON. GEORGE V. VOINOVICH, U.S. SENATOR

FROM THE STATE OF OHIO

Madam Chairwoman, thank you for having today’s hearing. 

Today we consider President Obama’s nomination of Gina McCarthy to be EPA’s 

Assistant Administrator for Air and Radiation. Having served as a mayor, Governor 

and now as a Senator, I understand the impact that decisions made in Washington, 
7 

DC can have on our local, State and national economies. Mrs. McCarthy brings with 

her over 20 years’ experience as an environmental regulator on both the local and 

State level and I trust that those experiences will serve her well in this new capacity. Inside the Washington beltway, many of the policies we debate take on ideological and often academic overtones as if they exist in a vacuum—detached from workers and families we were sent here to serve. When we go back home, however, the 

implications of the actions taken here in Washington are all too apparent. Mrs. 

McCarthy, should you move on to the post to which you have been nominated, I 

hope you keep in mind the impacts your decisions will have on everyday Americans. 

As Assistant Administrator for Air and Radiation, Mrs. McCarthy will be responsible for administering some of the most complex and contentious regulatory issues 

facing the Obama administration. Those issues include—EPA’s decision on the CA 

Waiver request; EPA’s decision on endangerment and regulation of greenhouse gas 

emissions under the Clean Air Act (CAA); revisions to, and implementation of, the 

National Ambient Air Quality Standards (NAAQS) and standards and regulations 

relating to air toxics. Subsequent to the court’s vacating a series of the Bush administration’s rules limiting emissions from power plants, Mrs. McCarthy will need to 

decide how to address the regional transportation of emissions and section 126 petitions filed by downwind States. She will also have to write and implement regulations to reduce mercury emissions from coal-fired power plants. 

The use of EPA’s authority to regulate greenhouse gas emissions under the Clean 

Air Act is particularly troubling. As evidenced by the agency’s Advance Notice of 

Proposed Rulemaking (ANPR) on this issue, CAA regulation would set forth a multitude of costly, burdensome programs regulating nearly every aspect of Americans’ 

lives. The Act’s principal regulatory programs were enacted decades ago for the purpose of controlling local and regional air pollution. The Act was not designed to address a global phenomenon environmental like climate change in an efficient and 

effective manner. 

The agency has thus far attempted to get around this fact by exploring a number 

of legal theories in which the Act might be creatively interpreted to allow EPA to 

implement various policy alternatives that the Agency believes might reduce GHG 

emissions in an equitable and cost effective manner. However, the courts have not 

agreed with EPA’s attempts to read flexibility into the Act and have blocked the 

agency from applying its own notions of efficient air quality policy—the DC Circuit’s 

vacating the Clean Air Interstate Rule being a prime example. If EPA proceeds with 

GHG regulation under the CAA, it is my belief that it will find that it has much 

less policy discretion than is reflected in the ANPR and that regulating GHG emissions under the CAA will be much more costly than the agency believes. Indeed, 

CAA regulation may very well mean imposing costly requirements not only on utilities and manufacturers, but commercial buildings, including hospitals and schools. 

Climate change may be the single most significant issue that has been before this 

committee, touching every sector of the economy and having immense energy, economic, environmental and national security consequences. It is my hope that Congress enacts a sensible program to reduce emissions, ensure energy security and 

provide for economic stability and that we abandon the arcane path laid out by the 

CAA. But this will be no easy task and policies that tax Americans trillions of dollars and implement vast new government programs are not a viable alternative. 

Enacting cost effective climate legislation will not be an act of mere political will, 

but of thoughtful consideration. And because it may take us some time to move forward, I would remind the agency that is under no legal obligation to act quickly. 

Given the very difficult legal and policy issues at play, as well as the extremely high 

stakes involved, EPA should take the time necessary to understand the regulatory 

consequences of its actions. 

Senator BOXER. Thank you so much, Senator. 

Senator Udall. 

Senator VOINOVICH. Madam Chairman. 

Senator BOXER. Yes. 

Senator VOINOVICH. Do you mind if I ask that the rest of my 

written statement be included in the record? 

Senator BOXER. Absolutely, it will be included. 

Senator Udall. 

Senator UDALL. Thank you, Madam Chair. I would also like to 

just put my full statement into the record. 

Senator BOXER. Without objection. 
8 

[The referenced material was not received at time of print.] 

Senator UDALL. I will talk briefly, because I want to hear from 

Chris Dodd and from Gina McCarthy. 

I rode up in the elevator with Chris and he told me that you 

were one of the folks who was involved in putting in place the first 

cap and trade, what I think has been called the regional greenhouse gas initiative. I think having that experience is very important to the position that you are moving into. While you may be 

being sent notes of caution about moving forward, I would encourage the Environmental Protection Agency to move forward with all 

deliberative speed to make sure that you do what you can under 

the law. It is not clear to me that the Congress is going to act. I 

am one of the ones who really believes that we need to act and we 

need to act urgently. 

But I think it is important that the authority that you have, that 

you understand what it is. I believe the EPA is moving forward 

right now with a registry, which I think is a very good first step, 

because we can’t put a regimen in place until we know who is emitting and where they are and under what conditions they do it. So 

I am one of the one who would just urge you, move forward, keep 

it going, that will keep the pressure on the Congress, because I 

think we need that tension and dynamic to get things done. 

With that, I will yield back my time and look forward to hearing 

from Chris Dodd and then from Gina. Thank you. 

Senator BOXER. Thank you, Senator Udall. 

We are going to call on Senator Dodd. He has 5 minutes to introduce you. But I thought it would be nice, before he starts, if you 

would introduce your family, so we know who is here. 

Ms. MCCARTHY. Thank you, Madam Chairman, I appreciate that 

very much. 

Let me begin by introducing my husband, Ken McCarey. And I 

have my three wonderful children, that is Maggie and Daniel and 

Julie. I have my sister Elaine, who is a middle school teacher who 

has been teaching U.S. history for many decades to middle school 

children, God bless her. 

[Laughter.] 

Ms. MCCARTHY. She may be the only person who is more excited 

to be here than I am. 

[Laughter.] 

Ms. MCCARTHY. I have my sister-in-law Mona McCarey and my 

brother-in-law, Paul. 

Senator BOXER. Thank you so very much. 

Senator Dodd. 

OPENING STATEMENT OF HON. CHRISTOPHER J. DODD, 

U.S. SENATOR FROM THE STATE OF CONNECTICUT 

Senator DODD. Thank you very much, Madam Chair. Let me express my pleasure in being here with you this morning and introducing Gina to the Committee. Having listened to the comments of 

our colleagues here, I think you are going to be pleasantly, not surprised, but pleased to be able to deal with someone who brings as 

much experience and background to the issues before the Committee. 
9 

She has been nominated, as you pointed out, to the important 

post of Assistant Administrator for Air and Radiation and EPA. 

And of course, that is her family here, we are delighted to see all 

of them as well with us this morning. 

I want to congratulate President Obama for nominating such a 

remarkable, qualified, energetic and passionate individual who 

cares about these issues as much as Gina does. She has 25 years 

of experience working at all levels of local and State government, 

and has a depth and breadth of knowledge on environmental issues 

that few can rival. She has also served in both Democratic and Republican Administrations of Governors, so that bipartisanship that 

George Voinovich was talking about, Tom Carper referenced as 

well, the ability to work under a variety of different political experiences I think has been worthwhile. 

She worked in Massachusetts as well as in Connecticut, all of 

whom have recognized her as a uniquely talented environmental 

advocate. As Commissioner of Connecticut’s Department of Environmental Protection since 2004, she has amassed a very, very impressive record of accomplishments. She spearheaded the No Child 

Left Inside program, an initiative in Connecticut and nationwide 

which combines environmental education with numerous outdoor 

programs to promote physical activity while teaching kids to become good stewards of our environment. 

She has advised Governor Jodi Rell on how to stimulate sustainable economic development in our State, has worked tirelessly to 

reinvigorate our State park system and has been a terrific advocate 

for open space and conservation initiatives. Perhaps most prominently, and again, this was referenced by Tom Udall, she was the 

driving, one of the important forces behind the creation of the regional greenhouse gas initiative, the Nation’s very first mandatory 

cap and trade program which was adopted by 10 States in the 

northeast to address the grave threats of climate change. The Commission’s work on this issue of climate change has been recognized 

and lauded nationally. Her experience will be, I think, invaluable 

when she is confirmed as Assistant Administrator for Air and Radiation. 

President Obama has made it clear that addressing climate 

change is a top priority of his. As the Assistant Administrator, I 

think Gina will provide a very important role in developing, implementing and working with people across the spectrum on this 

issue, which will be critically important. I know that there is no 

unanimity on this issue. But to have someone of her background 

and experience, both politically and substantively on these issues 

I think will be a great, great addition to the debate and discussion. 

In my view, this is a rather incredible list of accomplishments, 

does not do justice to the qualities that Gina will bring to her new 

position if she is confirmed. Across our State, she has the well-deserved reputation for boundless energy, incredible passion and willingness to speak frankly in order to address challenges. Much has 

been made of her enormous impact since the March 14th Hartford 

Courant ran an editorial entitled DEP Chief Gina McCarthy a 

Hard Act to Follow, which praised both her passion for the issues 

and her pragmatic approach. The Courant specifically noted her 

ability to revitalize a department which had lost the public’s trust 
10 

and engaged people across our State in preserving Connecticut’s 

landscape and Long Island Sound in a comprehensive, bipartisan 

fashion. 

Once again, I want to congratulate Gina McCarthy, and I want 

to thank her family as well. As it has been pointed out by George 

Voinovich, this is a tough job to take on. But you have in front of 

you an individual who has the demonstrated ability to take on 

tough jobs and succeed at it by listening to people and working together. I think that is something we are all looking for in people 

who are willing to take on these tremendous responsibilities. 

So I am very honored and pleased this morning to be able to 

present to you Gina McCarthy as the nominee for this very important position. 

[The prepared statement of Senator Dodd follows:] 

STATEMENT OF HON. CHRISTOPHER J. DODD, U.S. SENATOR

FROM THE STATE OF CONNECTICUT

Chairman Boxer, members of the Committee, thank you for holding this hearing. 

It is with great pleasure that I introduce Gina McCarthy, who has been nominated 

to the important post of Assistant Administrator for Air and Radiation at the Environmental Protection Agency. I would also like to welcome her husband, Kenneth 

McCarey, and her children, David, Maggie, and Julie. 

I congratulate President Obama on nominating such a remarkably qualified, energetic, and passionate individual to serve as Assistant Administrator. Commissioner 

McCarthy has 25 years of experience working at all levels of local and State government and has a depth and breadth of knowledge on environmental issues that few 

can rival. She has also served under both Democratic and Republican Governors, 

in Massachusetts as well as my home State of Connecticut, all of whom recognized 

Gina as a uniquely talented environmental advocate. 

As Commissioner of Connecticut’s Department of Environmental Protection since 

2004, Gina has amassed an impressive record of accomplishments. She spearheaded 

the ‘‘No Child Left Inside’’ Initiative in Connecticut and nationwide, which combines 

environmental education with numerous outdoor programs to promote physical activity while teaching kids to become good stewards of the environment. 

She has advised Governor Jodi Rell on how to stimulate sustainable economic development in our State, has worked tirelessly to reinvigorate our State park system, 

and has been a terrific advocate for open space and conservation initiatives. 

Perhaps most prominently, Commissioner McCarthy was one of the driving forces 

behind the creation of the Regional Greenhouse Gas Initiative (RGGI), the Nation’s 

first mandatory cap and trade program, which was adopted by 10 States in the 

northeast to address the grave threat of climate change. The Commissioner’s work 

on the issue of climate change has been recognized and lauded nationally, and her 

experience will be invaluable when she is confirmed as Assistant Administrator for 

Air and Radiation. 

President Obama has made it clear that addressing climate change is a top priority for his Administration, and as Assistant Administrator, Gina will play a vital 

role in developing and implementing policies to control greenhouse gas emissions. 

In my view, this incredible list of accomplishments does not do justice to the 

qualities Gina will bring to her new position once she is confirmed. Across my State 

she has a well-deserved reputation for her boundless energy, incredible passion and 

determination, and willingness to speak frankly in order to address challenges head 

on. 

Indeed, she has made such an enormous impact that on March 14th, the Hartford 

Courant ran an editorial entitled ‘‘DEP Chief Gina McCarthy a Hard Act to Follow,’’ 

which praised both her passion for the issues and her pragmatic approach. The Courant specifically noted her ability to revitalize a department which had lost the 

public’s trust and engage people across the State in preserving Connecticut’s landscape and Long Island Sound. 

Once again, I congratulate Gina McCarthy on her nomination and thank the Committee for holding this hearing. Gina, while we are sad to see you leave Connecticut, 

I know you will continue to be the outstanding advocate for the environment and 

public health you always have been, and I look forward to working with you in your 

new position at the EPA. 
11 

Senator BOXER. Thank you so much. 

Ms. McCarthy, you will be happy to know that Senators Kerry, 

Kennedy and Lieberman have also put very strong statements into 

the record supporting you. 

We are delighted, you have the floor now. And thank you, Senator Dodd, I know you have a hectic morning. We so appreciate the 

time you took to be here. 

Senator DODD. Thank you, Madam Chairman. 

Senator BOXER. Ms. McCarthy. 

STATEMENT OF REGINA McCARTHY, NOMINATED TO BE ASSISTANT ADMINISTRATOR, OFFICE OF AIR AND RADIATION, 

OF THE ENVIRONMENTAL PROTECTION AGENCY 

Ms. MCCARTHY. Thank you, Madam Chairman. I first want to 

thank you, Chairman Boxer, as well as Ranking Member Inhofe, 

for holding the hearing, and all the Committee members who took 

their time today to be here and express their thoughts, as well as 

your willingness to meet with me and speak with me over the past 

weeks. 

I also obviously want to recognize and especially thank Senator 

Dodd, not only for all of his years of support to me and his kind 

words, but also for the leadership he has provided to the Great 

Nutmeg State, and also to this Nation. 

If I may, I would like to recognize again my family, my husband 

and my children, who are the lights of my life. I also would be negligent if I didn’t recognize the entire McCarthy-McCarey clan back 

home, who we told could not be here today because they would get 

too rowdy. When two large Irish families merge, you are never 

alone again. And for the most part, that is a good thing. 

[Laughter.] 

Ms. MCCARTHY. But I do want to thank them for their years of 

love and support. 

I am deeply honored and I am thrilled to be nominated as Assistant Administrator for Air and Radiation at EPA by President 

Obama and to be before you today asking for your support. I also 

want to recognize Administrator Lisa Jackson. I can’t thank her 

enough for wanting me to be part of her terrific team at a time 

when I believe that there is so much that needs to get done, but 

also great promise and opportunity. 

For the past 25 years, I have worked on air quality, radiation 

and climate issues. In the last 10, I have overseen a number of critical decisions, both in the Commonwealth of Massachusetts and 

most recently over the past 4 years in Connecticut, where I have 

been the Commissioner of the Department of Environmental Protection. 

I have been deeply involved in the development of the regional 

greenhouse gas initiative, the passage of the Connecticut State law 

to reduce greenhouse gas emissions and other efforts to combat 

NOx, SOx and mercury emissions. Simply put, I care deeply about 

these issues. 

And we all know that science around air quality, radiation and 

climate is extremely complex. In fact, some of the most complicated 

scientific modeling and assessment that is underway at EPA actually takes place in this particular Air office. And I am sitting here 
12 

today not because I am a scientist, but because like President 

Obama and Administrator Jackson, I intend to leave the science to 

the scientists. If confirmed, I will reach out to the EPA scientists 

and I will commit to them and I will commit to you and to this 

Committee today that I will fully consider their work in each and 

every decision that I recommend to the Administrator. Science will 

be the backbone of our decisionmaking process. That is what Administrator Jackson has promised and that is what I will deliver. 

If confirmed, I will sit down with EPA’s professional policy and 

program staff, who I already know to be smart, capable, dedicated 

and passionate public servants, and I am going to ask them, how 

do we get the job done in ways that not only meet the letter of the 

law but the spirit of the law. The rule of law will be the fundamental principle that will guide our actions. That is what Administrator Jackson has promised, and that is what I will deliver. 

And then I am going to open a few windows in my office and 

around OAR so we can let in some fresh air, that is, if the windows 

in a Federal office building actually open. Because there is lots of 

work to be done, and we need clean, fresh air, and we need fresh 

ideas. Administrator Jackson made a promise that her EPA will be 

transparent in its decisionmaking, and that is again what I will deliver. Because transparency is more than sharing what the science 

and the law is telling us, and it is more than making clear decisions that can stand the test of time, which we all know is of paramount importance. 

Transparency is all about letting in and embracing new ideas, 

new technologies and new approaches. No individual entity or 

agency, no matter how smart, how old or how experienced, can afford to stop learning. I can attest through my own personal experience that brainstorming with oneself is not very productive. In fact, 

the most successful people and agencies I know are open to new 

ideas, but they also actively seek them out. 

So if I am confirmed, my office will reach out for the best and 

the brightest ideas we can find in the world today, so we can be 

better prepared for the challenges ahead and all that the future 

may bring. 

But above all else, if confirmed, I will keep my eyes on the real 

prize, that is, saving lives by protecting our environment. Air pollution kills people and makes them sick, a lot of people, each and 

every day, each and every year. And climate change, if greenhouse 

gas emissions remain unchecked, has the potential to rob my children, Daniel, Maggie and Julie, and to rob all of our children of 

their rightful future. 

So my deliverable, if confirmed, will be clean air and Federal 

leadership on climate. If confirmed, I will work tirelessly to reach 

out, to listen and to learn both inside and outside the Agency on 

behalf of Administrator Jackson. I will speak plainly and I will 

speak truthfully about the lives that are being lost, the responsibilities that we face, the challenges ahead, the options we have and 

the opportunities that we can all realize if we face the future together. 

Thank you. 

[The prepared statement of Ms. McCarthy follows:] 
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Senator BOXER. Thank you so much. You made a beautiful statement. 

I just want to ask you two questions, then I am going to put the 

rest in the record and you can respond in writing. 

Ms. McCarthy, USA Today had this amazing story about the pollution around schools, toxic pollution, not just the run of the mill, 

but toxic pollution. That story broke when Administrator Jackson 

was coming before the Committee and she committed to use whatever authority she had to measure the amount of this toxic pollution. She has followed up and done it. 

The reason I am so excited about your nomination, first of all, 

I think both sides of the aisle agree that you are an open, wonderful person to deal with, and that is very helpful. But I think it is 

so hard for Lisa Jackson to do this job without someone like yourself backing her up. So my question is, if confirmed, will you commit to use the full extent of EPA’s authority and to work with us 

to expand the monitoring plan around these schools and to address 

the problem of toxic air pollution at schools? 

Ms. MCCARTHY. Senator, thank you for the question. First of all, 

thank you for your leadership on this issue. I did happen to catch 

the video of the hearing for Administrator Jackson, and I know you 

challenged her and I do know she stepped up and she is meeting 

that challenge. What I will commit to you today is that the Air Program, under my watch, will have children’s health as the No. 1 

issue. As you have recognized, children are the key to protecting 

the air quality and the public health in this Country. If we can protect the children, the adults come along with it. 

So you are absolutely right to point out that issue, and Administrator Jackson has rallied the resources of the Agency, and I will, 

if confirmed, go back to the Agency, get a good understanding of 

the schools that they have identified and why. We will make sure 

that we work with the State and local level to do testing that is 

necessary to identify the risks and to move forward as quickly as 

possible to reduce any risks that we find. 

Senator BOXER. I so appreciate that. I think across the board, we 

all believe that our kids, the least we can do for our kids is allow 

them to grow up in a healthy fashion. Ever since I came to the 

Congress, and I learned more about the danger that children face 

when we don’t face danger, it is the recognition that children are 

just not little adults. We tend to think they are, but everything is 

changing in their bodies and they can’t handle some of the toxins 

that we can handle at our ages. 

I know that Senator Carper is a real leader on the mercury 

issue. I want to ask you a question about mercury. I know that you 

know it is a potent toxin on the human nervous system. And it is 

especially dangerous to infants, children and pregnant women. 

Coal-fired power plants are one of the biggest sources of mercury 

pollution in America. Common sense dictates that we make every 

effort to limit exposure to this dangerous toxin. 

I know your answer will be yes to this, but I just want to get 

it on the record, will you listen to EPA scientists and the children’s 

health advisors in issuing new mercury air pollution standards for 

power plants? 

Ms. MCCARTHY. Yes, I will. 
65 

Senator BOXER. I don’t have any other questions, but I will tell 

you what I am going to do with my last moment. I want to ask 

Arvin Ganesan to stand up for a second and make sure our colleagues know that Arvin worked for Frank Lautenberg for quite a 

while here. EPA stole him away from us, and he is Deputy Associate Administrator at EPA. He is helping with this confirmation. 

We just want to say how nice it is to see you here, our EPA family 

welcomes you back. 

There is one more thing I have to do, I have to ask you, do you 

agree if confirmed as Assistant Administrator of EPA’s Office of Air 

and Radiation to appear before this Committee or designated members of this Committee and other appropriate committees of the 

Congress and provide information subject to appropriate and necessary security protection with respect to your responsibilities as 

Assistant Administrator? 

Ms. MCCARTHY. I do. 

Senator BOXER. And do you agree to ensure that testimony, briefings, documents and electronic and other forms of communication 

are provided to this Committee and to its staff and other appropriate committees in a timely manner? 

Ms. MCCARTHY. I will. 

Senator BOXER. And do you know of any matters which you may 

or may not have disclosed that might place you in any conflict of 

interest if you are confirmed as Assistant Administrator? 

Ms. MCCARTHY. No, I do not. 

Senator BOXER. Very good. 

Senator Inhofe, the floor is yours. 

Senator INHOFE. Thank you, Madam Chairman. 

Let me do this, I want to make sure that it is real clear, because 

I hold you in a very high regard, I think we are very fortunate to 

have someone like you willing to take on a very difficult task. But 

I had made the statement that we wanted to be sure to get some 

questions responded to by you prior to the time that your confirmation vote may come up. Yesterday when we talked I gave you a list 

of five things, of which you have already answered four, I think to 

our satisfaction. I haven’t had a chance to read it yet, so you have 

been a lot faster than I have. 

The other is, we are going to have questions on the record. Now, 

as I understand the rules of the Committee, and I think you probably are aware of this, but maybe you are not, we have until 

Thursday to get our questions into the record, then you have 1 

week after that. So this would mean that the questions we have 

given you and those that are on the record, you will have by Thursday. Then you have 7 days after that to do that. 

So I just want to mention that, I want to make sure that you get 

on the record on some things that are meaningful to us. 

Ms. MCCARTHY. Senator, I will do everything I can to get you as 

complete an answer as possible. 

Senator INHOFE. I believe that. 

Also, in addition to the questions that the Chairman asked you, 

I will ask you a couple of questions that I already asked you once 

before, but I would like to do it in the hearing, and that you would 

be just as responsive to the minority as you are the majority in giving us information that we are asking for. 
66 

Ms. MCCARTHY. I absolutely will. 

Senator INHOFE. All right. And the other thing I was asking you, 

most of your experience has been in the northeast, which of course 

is where Lisa Jackson also is from. So I wanted to ask you about 

some of your background in dealing with things in my part of the 

Country. 

Ms. MCCARTHY. I suppose I should confess that it is not unusual 

that we are both from the northeast, because that is where we got 

to know each other. Lisa Jackson and I did work on the regional 

greenhouse gas initiative together, which is one of the regional initiatives that I have worked on. 

I also work on national issues, Senator. I know that the issues 

are unique in every region. I have done considerable work across 

the Country. I also chair a national group that is looking to develop 

a national greenhouse gas registry, it is called the Climate Registry. So I do have considerable interest and expertise and experience in air quality issues across the Country. I will do my best, as 

I did in New England, to represent their interests. If I am confirmed, I will do my best to represent the national interests to the 

extent that I can. 

Senator INHOFE. All right. That is good. 

It is always difficult when we talk on these issues about the 

economy and about costs. In fact, some areas you are precluded 

from considering the costs. However, in those areas where the law 

does not have this restriction, would you do what you can to, where 

legally permitted, or I might ask you this, what approach would 

you use in balancing the costs with environmental protection, 

where the law allows? 

Ms. MCCARTHY. Senator, I will. 

Senator INHOFE. All right. We have had several times in the 

past, when we are considering and going through all these things, 

dealing with CASAC, Clean Air Scientific Advisory Committee. 

What do you see as their role and your interaction with CASAC? 

Ms. MCCARTHY. That committee, Senator, is extremely important 

in providing advice to the agency on many critical issues. I have 

already in my opening statement made a commitment that I will 

let science drive the decisionmaking. I will listen and be advised 

by the council. I will work with Administrator Jackson to do the 

best I can to meet her commitment that science is a fundamental 

principle of the Agency’s decisions, and I will carry that out as 

well. 

Senator INHOFE. Can you think of a scenario by which you might 

have to disagree with CASAC? 

Ms. MCCARTHY. I do think that, Senator, there are opinions that 

need to come into the agency, there is advice that we need to take. 

But we also need to be guided by the rule of law, and we also need 

to pay attention to all of the comments that are produced during 

a rulemaking procedure, and I will take all those comments into 

consideration and I will make sure that all those comments are 

fully considered. 

Senator INHOFE. I think that is very reasonable. And when I say 

that, I have to say that during a Republican Administration, at 

that time I believe there were 21 scientists on CASAC where we 

found disagreement with them on some things. There is some level 
67 

of independence, but in terms of being guided by science, I think 

you have answered the question that you are going to give every 

consideration to them. 

I think Senator Udall would probably agree with my asking you 

this question and would want to join in on asking it, and that is 

on your views about coal and the future of coal. 

Ms. MCCARTHY. Senator, I agree with the President in his assessment that coal is a vital resource for the Nation and it will remain so for a considerable amount of time. The challenge we have 

in facing all of our air pollution challenges, as well as our climate 

challenges, is to make sure that we produce the kind of technologies that will keep coal viable and also take care of the air pollution and the greenhouse gas emissions that are emanating from 

those facilities. 

We know that coal is here. We need to put our energy and our 

ingenuity and our resources to keeping it and making it as clean 

as possible. 

Senator INHOFE. I appreciate that, because we still have to run 

this machine called America. Right now, maybe the percentage is 

a little high, but about half the generation does come from coal. 

That has to be a consideration. 

Madam Chairman, I don’t have any further questions and I have 

to go to Armed Services hearings. So I thank you very much for 

spending the time with me that you did, and I look forward to 

working with you. 

Ms. MCCARTHY. Thank you so much, Senator. 

Senator BOXER. Senator Inhofe, thank you for your gracious comments. We hope this nominee does move forward. 

I just want to underscore what Senator Inhofe said about, and 

I know you will, information that frankly, any committee member 

asks for, whatever side of the aisle, it is really important. Information is power and information is what we need. 

So I know you will do that, but I want to make sure my colleague 

understands that when I asked you those series of questions, it was 

on behalf of the entire committee, not just the majority. 

Senator Carper, you will finish it up and close it out. 

Senator CARPER. That is great. We will break for lunch around 

2. 

[Laughter.] 

Senator CARPER. There is a lot of legislation we want to move 

while I have this gavel in my hands. 

Just to follow up on what Senator Inhofe and Senator Boxer just 

said, when I was, oh, I think I had been here about 3, maybe 4 

years as a member of the Senate and a member of this Committee. 

We were trying, I offered legislation focusing on four pollutants 

from the utility sector, sulfur dioxide, nitrogen dioxide, mercury 

and CO2. We asked the Administration and we asked EPA to model 

our proposals, the President’s so-called Clear Skies proposal, and a 

proposal offered by Senator Jeffords on dealing with carbon dioxide 

emissions. And we asked the Administration to model all three and 

just share with us the information that came from that. They 

wouldn’t do it, wouldn’t do it under Administrator Christie Whitman, a close friend of mine, wouldn’t do it under the leadership of 

Mike Leavitt, a close friend of mine, all Governors together. It 
68 

wasn’t because they didn’t want to, it was because I think the Administration wouldn’t let them. 

Finally, we literally held up the nomination of Stephen Johnson 

for a while just to make the point that we needed that kind of information. So having known what it is to feel like when we were 

in the minority and not getting the information that frankly we 

needed to make those smart decisions, wise decisions with respect 

to climate change, I think the points that you have heard made 

here in that regard, now that the shoe is on the other foot, and we 

are in the majority and in the White House, that we will be fairer 

in the way that we respond and more appropriate in the way we 

respond to requests. That is a point I wanted to underline. 

In the time we were together recently we had a chance to talk 

about the Clean Air Interstate Rule. As you know better than me, 

in December the D.C. Circuit Court of Appeals remanded the Bush 

administration’s Clean Air Interstate Rule and the decision that essentially keeps the Clean Air Interstate Rule in place for an undetermined amount of time, while EPA must rewrite the rule. You 

come from a State and have worked in a couple of States that are 

very much impacted by the Clean Air Interstate Rule. I would just 

ask, do you believe that the CAIR went far enough to help States 

meet our ambient air qualities? 

Ms. MCCARTHY. Senator Carper, first, let me thank you for all 

of your leadership on air quality issues. I think your State and the 

States that I have worked for share a common concern about taking care of the transport of air pollution that comes from upwind 

States. I will say that CAIR was a gigantic step forward, but the 

lack of CAIR at this point, or at least phase two, the further reductions and the long-term strategy, is a significant problem. 

I will say, speaking on behalf of the little State of Connecticut 

that CAIR actually didn’t go far enough. 

Senator CARPER. In Delaware, we think of Connecticut as a big 

State. 

Ms. MCCARTHY. It is a big State, I am sorry, you are absolutely 

right. 

Senator CARPER. Like California. 

[Laughter.] 

Ms. MCCARTHY. The huge State of Connecticut, speaking on their 

behalf, even with CAIR the State of Connecticut would never have 

achieved attainment. So to answer your question, no, CAIR did not 

go far enough. We have not yet addressed the transport of air pollution as we need to. But my understanding is that EPA is on a 

2-year path to correct that. If I am confirmed, I will tell you that 

that will be one of the priorities for me to take care of and to keep 

them on that time line. 

Senator CARPER. When you think of CAIR, and we think of trying to reduce emissions of sulfur dioxide and nitrogen dioxide, just 

talk with us a little bit about where is the opportunity, the role for 

the regulators, for the regulatory agency, EPA to move forward, 

and what opportunities would you suggest for us to pursue in the 

Congress? 

Ms. MCCARTHY. I think that EPA is on some significant time 

lines for rulemaking requirements. You have mentioned CAIR. We 

also have a utility MACT standard that we need to get out to deal 
69 

with mercury and other hazardous air pollutants. We are on some 

significant time lines here, and I know that President Obama and 

Administrator Jackson want Federal leadership on greenhouse 

gases as well. It is my goal to keep my eye on the prize in terms 

of rulemaking, but to also work with Congress. 

It has been very clear that President Obama wants a cap and 

trade program for greenhouses gases at the Federal level. I will 

support that in any way I can, and I will work with you and others. 

I know you have other legislative initiatives that you want to propose that will help us align some of our rulemaking moving forward. I will be happy to help with that as well. 

But in my opinion, it is going to need change in legislation, as 

well as moving strongly and quickly on rulemakings. 

Senator CARPER. I have worked with several of my colleagues 

here on the Committee, most notably Lamar Alexander, for a number of years, and with Senator Voinovich as well, all of us ironically 

all former Governors, who end up here, all of us worked very actively in the National Governors Association and played leadership 

roles there. I had an opportunity to work closely on these issues 

here. 

When I began in 2001 and 2002 working on clean air issues involving the utility sector, my initial thought was not to favor an 

economy-wide climate change bill, but just to focus on the utility 

sector to see if we couldn’t get that done. And while we were focusing on utilities for CO2, we would also address SOx, NOx and mercury. My thinking has evolved over time to say that maybe we 

should do an economy-wide CO2 bill, but I am still very much interested in addressing the other issues of SOx, NOx and mercury, because of health issues involving your constituents and mine. 

In your own thinking, where might a three-pollutant approach 

that involves sulfur dioxide, nitrogen oxide and mercury fit into climate-wide approach on CO2, if at all? I am almost to the point, I 

hope we are going to move a climate-wide bill on CO2. I hope it is 

going to be a cap and trade bill, I hope it is a bipartisan bill at 

the end of the day. But I also want to make sure we get the rest 

of the other three pollutants this year, either in the context of an 

economy-wide bill or a CO2 or on its own. 

Would you just share your thinking, kind of think out loud with 

us on this? 

Ms. MCCARTHY. Senator, as you know, when I was in the Commonwealth of Massachusetts, way back when, we did actually a 

four-pollutant regulation that basically focused on the State’s coalfired power plants. I am proud of that work. It gave us a lot of opportunity to create certainty in that regulated community, so they 

knew what the target was. It also gave us a wonderful opportunity 

to leverage investments in one and do it in a way that met standards in a second pollutant. 

That is the kind of thinking I think that EPA needs to bring to 

the table as it coordinates its rulemaking procedures. And there 

are opportunities there. There is no question that some of the 

changes that you are going to see in terms of pollution emission 

technology reductions, the reductions in the emissions as a result 

of technologies, will also benefit us from a CO2 perspective. 
70 

But CO2 will be a significant challenge. It is not just going to be 

about pollutant emission control technology. It is also going to be 

things like investments in energy efficiency, investments in renewables. It is a much larger portfolio of tools that you can bring to 

the table. Many of those tools are actually going to be economically 

beneficial. That is really what we need to bring to the table; how 

do we do this in a common sense way, how do we really drive a 

clean energy economy. 

Senator CARPER. Thank you for that response. 

My time is expired, I will just ask you to respond briefly to this. 

In light of the court decisions regarding mercury and the Clean Air 

Interstate Rule and other attempts by the previous Administration 

really to delay clean air regulations, what do you think might be 

your top two clean air priorities for this year, for 2009? And how 

can we help? 

Ms. MCCARTHY. I appreciate that, Senator. 

Senator CARPER. Especially Senator Udall and me, well, he has 

gone. I guess he has bailed on me. 

Ms. MCCARTHY. I will tell you, Senator, that if confirmed I have 

to sit down with the professional staff at EPA and we need to develop a work list. One of the things I was looking at and thinking 

about was when Senator Inhofe and Senator Voinovich were first 

speaking, they sort of gave a litany of all the challenges ahead. I 

felt like going ahh, and running out of the room a little bit. There 

is a lot of work that needs to get done. 

But it is very clear to me what the President has on his mind 

and it is clear to me what Administrator Jackson has on her mind. 

They have a need to establish Federal leadership on climate. That 

will be No. 1. And they have a need to address other air pollutant 

issues like CAIR and mercury. Those will always be my top challenges. 

Senator CARPER. Good. All right. I want to thank you for being 

here today. And thank you for your stewardship. I think it is kind 

of interesting, you have worked, as I understand it, your current 

Governor, what is her name? 

Ms. MCCARTHY. Jodi Rell. 

Senator CARPER. Jodi Rell, yes. I understand she is a Republican 

who succeeded a Republican. And in Massachusetts, did you work 

for Governor Romney? 

Ms. MCCARTHY. I did. 

Senator CARPER. And now you are here in a Democratic Administration. I think that is interesting. Maybe it explains at least in 

part why some of our Republican colleagues who are here today 

seemed comfortable with you serving in this role. 

What have you found has enabled you to work well within two 

Republican administrations in the States of Massachusetts and 

Connecticut and now be prepared to come and work in a Democratic Administration here in our Nation’s capital? What is it about 

your approach to your responsibilities that enables you to do that? 

Ms. MCCARTHY. I think it is fairly simple, Senator, I listen. I try 

to listen well. And I really have never met and environmental challenge that couldn’t have a common sense solution, that couldn’t be 

at least addressed significantly in ways that take the economy in 

mind and look at jobs. I think maybe it is my middle class back-
71 

ground. I came from a working family, my dad was a public school 

teacher in the Boston schools for 40 years. My mom worked as a 

waitress, in a plastics factory, did some nurse’s assistant work. My 

first 11 years working in government was at the local level. I knew 

the people that I was regulating. I saw their faces, I heard their 

voices. I see them now. 

So that no matter what level of government I serve, I listen to 

that, and I understand both the need to drive the reductions we are 

looking for in terms of emissions and improving air quality and the 

value that that brings to public health. 

But I also know that a job is important. I have always had one, 

and I always will. 

Senator CARPER. Thank you for that. My father, who is now deceased, used to say to my sister and me at least once a week, sometimes at least once a day, when we pull some boneheaded stunt, 

he would say to my sister and me, just use some common sense. 

He didn’t say it quite that nicely. He said it to us over and over. 

And I am sure you can think of things that your parents said to 

you to drum into your head. I see your three children here, they 

can probably tell us some things that you say to them, you and 

your husband say to them, to try to get to them over and over, 

unrelentingly. I am tempted to call them to the witness table. 

In fact, let me just ask, while I have time, obviously your husband and children can’t sit at the table and testify on your behalf, 

but if they could, what might be some things that they might say 

that in your own lives, as you raised all four of them, or all three 

of them—— 

[Laughter.] 

Senator CARPER. As you have raised them, some things that they 

have noticed and seen in you that might suggest you could do we 

in this arena? 

Ms. MCCARTHY. That is a really good question. I am glad you are 

not asking them. 

Senator CARPER. Anything come to mind? Maybe it is not a fair 

question. 

Ms. MCCARTHY. Actually, I think they know how much I value 

work. I do work hard, but I am also a very thoughtful person. I 

don’t jump to conclusions. When they have asked me crazy things, 

I don’t jump and say, no, what are you, nuts? We talk it through 

and we come to conclusions together. I respect their opinions and 

I think they respect mine, and I think that is what I bring to the 

table. 

Senator CARPER. All right, that is good. I think that is pretty 

much it. 

I want to just mention that some of my colleagues who couldn’t 

be here, we have other hearings going on. I have several going on 

right now that I need to rush off to. But some of our colleagues are 

going to be submitting questions in writing to follow up. They are 

due, I believe, 10 a.m. next Thursday. So that gives you about a 

week to work on your answers. Judging from what Senator Inhofe 

said, it sounds like you are pretty prompt in doing that kind of 

thing. 

We are just delighted that you are here, and happy to have a 

chance to meet the members of your family. To those of the ex-
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tended clan, wherever they are, Massachusetts or Connecticut, we 

extend our best to them. 

Ms. MCCARTHY. Thank you, Senator. 

Senator CARPER. Thank you so much, and with that, this hearing 

is adjourned. 

[Whereupon, at 10:50 a.m., the committee was adjourned.] 

[Additional statements submitted for the record follow:] 

STATEMENT OF HON. BENJAMIN L. CARDIN, U.S. SENATOR

FROM THE STATE OF MARYLAND

Madam Chairman, thank you for holding this hearing today. 

The range of issues facing the EPA Assistant Administrator for Air is dizzying. 

• National air quality for smog and soot and the Clean Air Interstate Rule, or 

CAIR, 

• Controlling mercury emissions, 

• The acid rain program, 

• The renewable fuel standard, which we discussed at a hearing chaired by Senator Carper yesterday, 

• Atomic radiation standards, 

And that doesn’t include the preeminent issue of controlling greenhouse gas emissions in our battle against global warming, including the California Waiver issue. 

We will be looking to you to provide new leadership at EPA. We need rules and 

regulations that are based on good science and the rule of law . . . rules and regulations that don’t get over-turned by the courts. 

Your pledge to support sound science and to rely on the expert advice of Clean 

Air Act attorneys is refreshing. 

I must note that your record in the Federal courts on these issues has been better 

than the EPA’s in recent years. 

The full range of clean air issues are of great importance to Maryland. 

In my State, we had 55 days in 2007 in which air quality was unhealthy. 

Cecil County, as part of the Philadelphia-Wilmington area, and all the counties 

which comprise the Baltimore metropolitan region, are classified as in ‘‘severe’’ nonattainment for ozone. The Maryland counties here in the Washington metropolitan 

region are in ‘‘serious’’ non-attainment for ground-level ozone. 

Altogether that means more than 5.6 million Marylanders are forced to breathe 

unhealthy air every summer. And that’s 5.6 million too many. 

Smog is more than a nuisance—it is a real and persistent health threat. For our 

most vulnerable—our children, the elderly, and those who are already unhealthy— 

ozone can lead to heart and lung damage, and even death. 

We have a host of State impacts from other clean air issues: 

• Mercury pollution is poisoning our fish . . . and has led to fish consumption 

advisories all across the State. 

• Hazardous air pollutants continue to pose immediate health threats to many. 

• Air deposition of nitrogen oxides onto the Chesapeake Bay watershed is one 

of the leading causes of nitrogen pollution in the Bay. Scientists estimate that 30 

percent of the excess nitrogen in the Bay comes from air deposition. Controlling air 

pollution is a critical element in restoring the health of the Chesapeake. 

And as I mentioned at the beginning of my remarks, the effects of global warming 

are of grave concern. Climate change is affecting Maryland today. Sea levels are rising, putting thousands of acres of the low-lying Eastern Shore at risk of flooding. 

On March 18th, Maryland participated in its third cap-and-trade auction under 

the Regional Greenhouse Gas Initiative, a program that you helped design. 

The lesson of the RGGI experience is plain and reassuring: cap-and-trade works. 

• Thousands of tons of pollution credits were successfully auctioned, 

• Electricity prices didn’t skyrocket, and 

• Industries didn’t close. 

Instead, 

• Pollution was reduced, 

• Carbon markets were given certainty, and 

• Maryland received millions of dollars in auction revenue that it is using to promote energy conservation, to develop clean, renewable energy programs, and to provide financial support for the low income energy assistance program. 

I hope that you will take a few minutes today to speak about RGGI and its effectiveness. 

I look forward to Ms. McCarthy’s testimony. 
73 

Thank you, Madam Chairman. 

STATEMENT OF HON. BERNARD SANDERS, U.S. SENATOR

FROM THE STATE OF VERMONT

The Office of Air and Radiation is responsible for administering a number of important programs and policies within the Environmental Protection Agency. These 

include programs on energy efficiency and green buildings, greenhouse gas and air 

pollution reduction, and radioactive waste. It is critical that we increase our use of 

renewable energy and reduce our emissions. 

It is also critical that we protect the public. Vermont receives a significant portion 

of its power supply from nuclear power at the Vermont Yankee plant. I believe it 

is important for Federal agencies such as the Office of Air and Radiation to ensure 

that regulations relating to the public’s health and safety, particularly during emergencies, should be based on the best available science. 

I am pleased to see the nominee’s dedication, reflected in her statement, to returning EPA to its appropriate role of being an agency focused on using the best 

available science in carrying out national policy objectives. I look forward to working 

with the nominee and the Committee to ensure these important national objectives 

are realized. 

STATEMENT OF HON. JOHN KERRY, U.S. SENATOR

FROM THE STATE OF MASSACHUSETTS

Everyone who knows Gina McCarthy understands that long before it was fashionable, she lived out a special determination to make every day Earth Day. 

For more than a quarter of a century, she’s been absolutely tireless working to 

save our planet, holding influential positions, most of them in Massachusetts. 

She’s an excellent choice to be Assistant Administrator for Air and Radiation at 

the Environmental Protection Agency. 

President Obama has promised to make climate change one of his top initiatives. 

His choice of Gina is an important step in making good on that promise. It’s crucial 

that he do so and that we act quickly—because time is running out. 

Ignoring climate change will have devastating effects—more famine, more 

drought, more widespread pandemics, more natural disasters, more resource scarcity, and human displacement on a massive scale. That’s why we’re already at work 

on it in the Senate Foreign Relations Committee. 

Gina is a familiar face for those of us from Massachusetts. She held a number 

of high level positions in our State, all of which she used to improve our environment. That was after she had the good sense to get a good education in our State— 

at the University of Massachusetts and Tufts University. 

But she eventually went on to serve Connecticut to be Commissioner of the State 

Department of Environmental Protection. She used that position to produce an innovative Climate Change Action plan and to push the Regional Greenhouse Gas Initiative to cap greenhouse gas emissions and create a region carbon market. 

Gina also promoted conservation and the expansion of the State park system 

through a great program called ‘‘No Child Left Inside.’’ It’s no secret that today’s 

kids spend a great deal of time indoors. But it was Gina brought them outdoors so 

they could experience nature firsthand instead of on TV or on a computer screen. 

Gina has served under two Republican Governors—Mitt Romney in Massachusetts and Jodi Rell in Connecticut. So her selection also demonstrates how serious 

the President is about bipartisanship. 

Gina has demonstrated a level of achievement worthy of this important position. 

Economist Gary Yohe thinks so. Yohe, who shared the 2007 Nobel Prize with Al 

Gore, said Gina will bring ‘‘energy and excitement’’ to the Obama administration. 

I couldn’t agree more. And as chairman of the Foreign Relations Committee, I 

can’t wait to work with her and the EPA to keep the energy and excitement flowing 

to ensure the long-term health of our global environment. We’ve got no time to 

waste—and we need Gina at the helm. 

STATEMENT OF HON. EDWARD M. KENNEDY, U.S. SENATOR

FROM THE STATE OF MASSACHUSETTS

Chairman Boxer, I appreciate the opportunity to offer my strong support for 

President Obama’s nominee, Regina McCarthy, to be the Assistant Administrator 

for Air and Radiation at EPA. 

Ms. McCarthy is an outstanding choice for this important position. Her strong 

background in environmental policy at the State and local levels has given her a 

sharp understanding of how essential it is to have the cooperation of all levels of 
74 

government, the private sector, and NGOs in pursuing broad national policies affecting the environment. 

Such cooperation will be especially important at a time when the new Administration and this Committee, under the extraordinary leadership of Senator Boxer, will 

be developing a major initiative to control greenhouse gas emissions and prevent climate change. 

This challenge is urgent, and we have delayed too long already in meeting it. I’m 

proud that a leader from Massachusetts will be at the forefront of this effort in the 

Obama administration, especially since coastal States such as ours are facing an increasingly grave threat from rising sea levels. 

The breadth of issues involving the Office of Air Quality spans all forms of pollutants, from reducing vehicle emissions to improving indoor air quality; from controlling environmental health impacts to encouraging new technology to make the Nation less dependent on fossil fuels. The mandate is broad, and Regina McCarthy is 

an excellent candidate for this position. 

I urge the Committee to approve her nomination, and I look forward to working 

with her and the Committee on these fundamental issues in the coming weeks. 

Thank you for the opportunity to testify today. 

STATEMENT OF HON. JOSEPH I. LIEBERMAN, U.S. SENATOR

FROM THE STATE OF CONNECTICUT

Thank you, Chairwoman Boxer. 

I strongly support the confirmation of Gina McCarthy to head the Office of Air 

and Radiation at the Environmental Protection Agency (EPA). She is extremely 

knowledgeable, accessible and very clearly a passionate environmentalist. She has 

been an asset to me and my staff and I was thrilled when the President announced 

her nomination. 

Ms. McCarthy’s strong environmental record speaks for itself. As Commissioner 

of Connecticut’s Department of Environmental Protection, Ms. McCarthy worked 

tirelessly to protect our State’s air, land and water. She helped pioneer our region’s 

approach to addressing climate change and she is widely recognized as a chief engineer of the Regional Greenhouse Gas Initiative. 

Since her appointment in 2004, Ms. McCarthy has fought to improve the integrity 

of Connecticut’s parks and forests and she has devoted herself to restoring vitality 

to the Long Island Sound. 

Before coming to Connecticut, Ms. McCarthy served with distinction in a number 

of health and environmental roles in Massachusetts on both the State and Federal 

level—including positions with the Stoughton Board of Health and Conservation, 

Massachusetts’ Hazardous Waste Facility Site Safety Council, the Massachusetts 

Toxics Use Reduction Program and the New England Governor’s Environment Committee. Ms. McCarthy served as Undersecretary of Policy at the Massachusetts Executive Office of Environmental Affairs and as the Deputy Secretary of Operations 

to the Office for Commonwealth Development, where she oversaw the development 

and implementation of Massachusetts’ first Climate Protection Action Plan. 

We have been lucky to have her in Connecticut, and I know she will flourish at 

EPA. I wish her all the best and a hearty congratulations on her selection to run 

the Office of Air and Radiation. She has been a great resource to Connecticut and 

I know she will be an asset to the Obama administration. 

Thank you. 

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