U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Publishing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001

94–582 PDF 2015

S. HRG. 111–1188 

HEARING ON THE NOMINATIONS OF MICHELLE 

DePASS, CYNTHIA GILES, AND MATHY 

STANISLAUS TO BE ASSISTANT ADMINISTRATORS AT EPA 

HEARING 

BEFORE THE

COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS 

UNITED STATES SENATE 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

APRIL 28, 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 28, 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 

Klobuchar, Hon. Amy, U.S. Senator from the State of Minnesota ...................... 4 

Whitehouse, Hon. Sheldon, U.S. Senator from the State of Rhode Island ......... 5 

WITNESSES 

Stanislaus, Mathy, nominated to be Assistant Administrator for Solid Waste 

and Emergency Response, Environmental Protection Agency ......................... 6 

Prepared statement .......................................................................................... 9 

Responses to additional questions from: 

Senator Boxer ............................................................................................ 12 

Senator Inhofe ........................................................................................... 15 

Giles, Cynthia, nominated to be Assistant Administrator for Enforcement 

and Compliance Assurance, Environmental Protection Agency ....................... 24 

Prepared statement .......................................................................................... 26 

Responses to additional questions from: 

Senator Boxer ............................................................................................ 28 

Senator Inhofe ........................................................................................... 28 

Response to an additional question from Senator Voinovich ........................ 30 

DePass, Michelle, nominated to be Assistant Administrator for International 

Affairs, Environmental Protection Agency ......................................................... 31 

Prepared statement .......................................................................................... 33 

Responses to additional questions from: 

Senator Boxer ............................................................................................ 37 

Senator Inhofe ........................................................................................... 38 

(1) 

HEARING ON THE NOMINATIONS OF 

MICHELLE DePASS, CYNTHIA GILES, AND 

MATHY STANISLAUS TO BE ASSISTANT ADMINISTRATORS AT EPA 

TUESDAY, APRIL 28, 2009 

U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, Washington, DC. 

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

406, Dirksen Senate Office Building, Hon. Barbara Boxer (chairman of the full committee) presiding. 

Present: Senators Boxer, Inhofe, Lautenberg, Klobuchar, and 

Whitehouse. 

OPENING STATEMENT OF HON. BARBARA BOXER, 

U.S. SENATOR FROM THE STATE OF CALIFORNIA 

Senator BOXER. Good morning. Today, the Public Works Committee will consider three nominees for Assistant Administrator positions at the EPA. The three offices administered by these positions are central to the Agency’s mission to protect the public 

health and to protect the environment. 

Mathy Stanislaus has been nominated to be Assistant Administrator for the EPA’s Office of Solid Waste and Emergency Response, which protects our families and communities from dangerous toxic wastes, including Superfund sites. The Nation’s most 

heavily contaminated toxic waste sites are the Superfund sites. Mr. 

Stanislaus holds degrees in engineering and law, and he has more 

than 20 years of experience helping to ensure that toxic waste 

cleanups are done. 

One in four people live within four miles of a Superfund site, including 10 million of our children. During the Bush administration, 

the pace of cleanups declined by 50 percent compared to the Clinton administration, from about 80 cleanups per year to less than 

40. The Nation also has a cleanup backlog of more than 100,000 

leaking underground storage tanks which can threaten drinking 

water supplies. The GAO found that it could take $12 billion in public funds to 

clean up these tanks. Cleaning up these sites not only protects public health and safety, but provides jobs and helps to revitalize local 

communities. 

I look forward to hearing more about how Mr. Stanislaus will 

work to address these critical issues. 
2 

Michelle DePass is the nominee to be EPA Assistant Administrator for International Affairs. Her experience includes working as 

Environmental Compliance Manager in my home State for San 

Jose, California, and is a Senior Policy Adviser at the New Jersey 

Department of Environmental Protection. Most recently, she has 

worked as a Program Officer at the Ford Foundation. 

EPA’s Office of International Affairs works with other countries 

to address common threats to public health. In my State, which 

shares a border with Mexico, we worry about toxic waste sites and 

we worry about insufficient water treatment facilities and other environmental issues which pose health threats, and we know about 

the health threat facing us today in a different area. 

International shipping also threatens the health of people in 

California’s port communities, an issue that I am glad to see Administrator Jackson is taking steps to address. 

We live in a world where solutions to serious health and environmental problems demand international cooperation, and I look forward to hearing from Ms. Giles about how she will approach 

these—why did I say Ms. Giles? That’s wrong. I look forward to 

hearing from Michelle DePass—wrong—on how she is going to face 

these critical issues. 

[Laughter.] 

Senator BOXER. Cynthia Giles now is nominated to be Assistant 

Administrator for EPA’s Office of Enforcement and Compliance Assurance. She has more than 30 years of experience in environmental law as Assistant U.S. Attorney in Philadelphia from 1985 

to 1990, and then at EPA’s Region III, the New England Interstate 

Water Pollution Control Commission, and the Massachusetts Department of Environment Protection. Since 2005, she has been Vice 

President and Director of the Advocacy Center for the Conservation 

Law Foundation in Rhode Island. 

The Office of Enforcement and Compliance Assurance is the safety net that backs up all of EPA’s efforts to clean up the environment and protect public health. It not only helps facilities comply 

with safeguards, it also holds polluters accountable when they violate the safeguards that threaten public health. 

The new Assistant Administrator for Enforcement and Compliance has a lot of work to do to restore the confidence inside the 

agency and among the public. 

I want to say to each of you, congratulations on these nominations. You have the opportunity to rebuild the Agency’s ability to 

safeguard communities, revitalize our economy, and restore the 

public’s faith in the EPA. And we are fortunate to have such a 

strong group of nominees, and I really look forward to hearing 

about your plans to address these challenges. 

With that, I call on the Ranking Member, Senator Inhofe. 

OPENING STATEMENT OF HON. JAMES M. INHOFE, 

U.S. SENATOR FROM THE STATE OF OKLAHOMA 

Senator INHOFE. Thank you, Madam Chairman, and you started 

on time. 

Senator BOXER. Yes. 

Senator INHOFE. All right. 

Senator BOXER. We do try. 
3 

Senator INHOFE. I know. I know. 

First of all, I have had the honor of visiting with each of these 

nominees. I see one problem and that is everyone is from the same 

area of the Country. Now, you may like that, Senator Whitehouse, 

but you know, it wouldn’t hurt to have a little diversity. I mentioned this when each one of you was in my office and I really believe that you are going to be looking at things from a perspective 

that is not all locked into the far northeast. 

The EPA is grappling with policy decisions that could have serious impacts on rural America, and though not having a voice in the 

current Obama EPA, I hope the nominees will assure me today 

that they will bring balance to their decisionmaking, specifically by 

reaching out to rural communities and to seek their input. 

In fact, it would be kind of a good idea maybe for each one of 

you in your opening statements to address that. I know that you 

have answered to my satisfaction in my office, but I think it is 

something that probably has not gone unnoticed. 

I want to repeat a simple principle that I have been advocating 

my entire political career. We need to balance the environmental 

protection with concern over how decisions affect the economy and 

the people who run this great machine called America. Achieving 

this balance, as well as broadening the agency’s geographical focus 

in decisionmaking will be essential in promoting our economic recovery. 

Madam Chairman, I am looking forward to hearing from each of 

the nominees. Thank you. 

[The prepared statement of Senator Inhofe follows:] 

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

FROM THE STATE OF OKLAHOMA

Good morning. We are here today to consider three nominations for the Environmental Protection Agency: Michelle DePass for Assistant Administrator of the Office 

of International Affairs, Mathy Stanislaus for Assistant Administrator of the Office 

of Solid Waste and Emergency Response, and Cynthia Giles for Assistant Administrator of the Office of Enforcement and Compliance Assurance. I want to extend a 

welcome to all of you and your families here today. 

I have had the pleasure of meeting with all three of these nominees, and I look 

forward to working with each of them. One thing that concerns me, however, is that 

the Obama EPA is becoming top heavy with nominees from one region of the country. Ralph Waldo Emerson once said, ‘‘Difference of opinion is the one crime which 

Kings never forgive.’’ In our geographically diverse democracy, decisionmaking and 

policy at the Federal level are usually influenced by regional differences. I would 

argue this influence is a positive one. Unfortunately, I don’t see this kind of regional 

diversity at the Obama EPA. Ms. DePass and Mr. Stanislaus are from New York 

City; Ms. Giles is from Rhode Island. That’s fine, so far as it goes. Yet all three of 

these candidates are from urban centers on the East Coast. Couple these nominees 

with Gina McCarthy, who is from Massachusetts, and Administrator Lisa Jackson, 

who is from New Jersey, and you have an EPA team with little direct knowledge 

of the middle of the country. What is good for the East Coast is not necessarily good 

for the rest of the United States. 

EPA is grappling with policy decisions that could have serious impacts on Rural 

America, though it will not have a voice in the current Obama EPA. I hope the 

nominees will assure me today that they will bring balance to their decisionmaking, 

specifically by reaching out to rural communities to seek their input. What you do 

at EPA is important to Oklahomans, Ohioans, Tennesseans, Minnesotans, and many 

other parts of the country. To be successful in formulating policy, to make it work 

for everyone, you must have a national perspective. 

Finally, I want to repeat a simple principle that I have been advocating for my 

entire political career: we need to balance environmental protection with concern for 

how decisions affect the economy, and the people who run this great machine called 
4 

America. Achieving this balance, as well as broadening the agency’s geographical 

focus in decisionmaking, will be essential in promoting our economic recovery. 

Senator BOXER. Thank you so much, Senator. 

Senator Klobuchar. 

OPENING STATEMENT OF HON. AMY KLOBUCHAR, 

U.S. SENATOR FROM THE STATE OF MINNESOTA 

Senator KLOBUCHAR. Thank you very much, Madam Chair. 

And thank you to the nominees. It is great to see you all here. 

I just want to say, listening to Senator Inhofe here, I found actually in our State that you can join this idea of environmental protection and furthering the economy. I was just sitting there listening and thinking of two examples in our State, one when I was a 

prosecutor like you, Ms. Giles. We did a lot with enforcing the rules 

in our county, not necessarily legal criminal actions, but making 

sure that we were cleaning up brownfields and some of the waste 

sites, and we were able to then have some very successful businesses that started on those sites. 

The second example I would give you that is more rural, and I 

know you have been hearing from all of us the importance to look 

at the entire Country, and that is that the State of Minnesota 

spends $50 million a year, or our visitors do, on worms and bait 

for fishing. And I use that as an example because keeping our waters clean in Minnesota actually promotes our economy because we 

have people visiting that want to fish and hunt in our State. So we 

see this clear connection between having a cleaned up environment 

and furthering our economy in our State. 

A few other things just to think about, as Senator Inhofe was 

mentioning, some of the issues across the Country. Our State is 

one of the cleanest and leanest States. We have the second highest 

recycling rate of any State in the Country and we recently created 

the first e-waste recycling law in the Country which is worth looking at. 

This just passed in 2007 and it requires all manufacturers of 

video monitors to register to the State and to facilitate the collection and recycling of consumer products. The law ensures that televisions and computer monitors which may contain hazardous, yet 

valuable material, stay out of our landfills and instead are safely 

reprocessed. 

With nearly 200 recycling sites statewide, over 33 million pounds 

of waste have been collected since the enactment of our law, and 

the numbers have exceeded expectations. 

As I said, we see this as a way to compete internationally. We 

have one of the most aggressive mercury cleanup and mercury 

bans in the Country in our State, bipartisan with a Republican 

Governor signing that into law. And we have seen these issues in 

our State in a more bipartisan way, which I think has been very 

helpful. 

So just a few things to think about as you go through your hearing. Again, I want to congratulate you and look forward to working 

with you as a Member of this Committee. 

Thank you. 

Senator BOXER. Thank you. 

Senator Whitehouse. 
5 

OPENING STATEMENT OF HON. SHELDON WHITEHOUSE, 

U.S. SENATOR FROM THE STATE OF RHODE ISLAND 

Senator WHITEHOUSE. Thank you, Chairman Boxer. Thank you 

for holding this important hearing today to consider the nomination of these three very well qualified individuals to fill key positions over at EPA. 

Madam Chair, I am especially pleased to introduce today Ms. 

Cynthia Giles, who is from my home State of Rhode Island. As the 

nominee for Assistant Administrator for Enforcement and Compliance Assurance. 

The Ranking Member, Senator Inhofe, may see a phalanx from 

the far northeast here, but from Rhode Island, we don’t often get 

Presidential nominees. We are a small State. 

[Laughter.] 

Senator WHITEHOUSE. So I am just very, very pleased and proud, 

and I want to recognize in the audience her husband, Professor 

Carl Bogus from the very renowned Roger Williams University 

School of Law in Rhode Island. So this is a happy day for us here 

in Rhode Island. 

I have known and worked with Cynthia for many years and have 

seen first-hand her leadership in the Ocean State on many critical 

environmental issues, including clean energy and climate change, 

water pollution and water resource management, and State Environmental Agency performance. 

Over many years, she has repeatedly proven herself to be a vigorous, successful and politically savvy advocate for the public good, 

and she will undoubtedly be an outstanding member of the President’s environmental team. Her broad experience and success in 

protecting human health, the environment and effective environmental enforcement is evident. She spearheaded efforts in Rhode 

Island leading to the successful passage and implementation of 

RGGI, the Regional Greenhouse Gas Initiative, a regional cap and 

trade program aimed at reducing greenhouse gas emissions from 

electric generating facilities; by the way, with strong support from 

the electric generating industry. 

Additionally, with her leadership, Rhode Island adopted the California, or as we call it, the Rhode Island greenhouse gas emission 

standard for cars, and successfully defended these rules in Federal 

court last year. 

These are just a few of many examples demonstrating Cynthia’s 

willingness to create, implement and enforce much-needed environmental change and to facilitate cooperation between EPA and State 

and local governments and communities. 

She is actively involved in the Rhode Island community, teaching 

as an Adjunct Professor of Environmental Law at the Roger Williams University School of Law in Bristol, Rhode Island; serving as 

a Director of the Rhode Island chapter of the Conservation Law 

Foundation; and chairing the Rhode Island chapter of the Sierra 

Club. 

She has demonstrated strong and effective commitment to education, community outreach and collaboration to develop environmental policies that work. She has also previously served within 

the EPA at the Region III office in Philadelphia, Pennsylvania, 
6 

helping EPA enforce Federal laws and assisting Region III States 

to implement those laws and regulations. 

Prior to that, she served in an office I hold dear, that of an Assistant United States Attorney, also in Pennsylvania, focusing 

again on environmental enforcement activities. She is a graduate 

of Cornell University, holds a law degree from the University of 

California at Berkeley, and a master’s in public policy from the 

Harvard University Kennedy School of Government. 

Cynthia’s career has been a clear testament to her desire to use 

her abilities for the greater good. She possesses a strong sense of 

purpose, strength of character, and the utmost integrity. She is 

eminently qualified for this position, and I am delighted to support 

her. 

I would add in closing that enforcement, fair and reliable, supports America’s business community in adhering to environmental 

requirements and protecting those who play by the rules from 

those who seek unfair competitive advantage by cheating on the 

environmental laws that Congress has established. 

I look forward to working with her through her nomination and 

I look forward to seeing her be an active, fair and sensible enforcement voice for the Environmental Protection Agency. 

Thank you very much, Madam Chair. 

Senator BOXER. Well, you couldn’t have made a stronger case, so 

thank you for that. 

I ask unanimous consent that a statement from Senator Schumer 

on behalf of Ms. DePass and Mr. Stanislaus be submitted for the 

record. 

Without objection, so ordered. 

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

Senator BOXER. So now we are going to turn to our three nominees. We will start with Mr. Stanislaus, who is nominated to be Assistant Administrator for Solid Waste and Emergency Response at 

the EPA. 

STATEMENT OF MATHY STANISLAUS, NOMINATED TO BE ASSISTANT ADMINISTRATOR FOR SOLID WASTE AND EMERGENCY RESPONSE, ENVIRONMENTAL PROTECTION AGENCY 

Mr. STANISLAUS. Thank you, Madam Chairman. 

Please allow me to first express my gratitude to Chairman Boxer 

and Ranking Member Inhofe for holding this hearing, to all Members of the Committee for their thoughtful statements, and for 

those of you who took the time to meet with me over the past few 

weeks. 

If I may, Madam Chairman, I would like to introduce my wife, 

Suganthy Siva and my parents who immigrated to this Country to 

provide the very kind of opportunity that I am being presented 

with here today. 

Senator BOXER. We would love them to stand. Very nice to see 

you all. Thank you for being here. 

Mr. STANISLAUS. And of course, I don’t want to forget and recognize my mother-in-law who is also here. 

Senator BOXER. Oh, no. 

[Laughter.] 

Senator BOXER. Hi. Special welcome. 
7 

Mr. STANISLAUS. As well as my sister, brother-in-law and friends 

who have taken the time to come out to support me and experience 

this experience with me. 

I also want to especially recognize two of the young people who 

promised to come out and support me and write school reports, my 

nieces Faith and Kelsey. 

Senator BOXER. Well, would you stand up, girls? It is very nice 

to see you. There they are. Thank you for being here. 

Mr. STANISLAUS. I am deeply honored that President Obama has 

nominated me for the position of United States Environmental Protection Agency Assistant Administrator for the Office of Solid 

Waste and Emergency Response. If confirmed, it would be a privilege to work with and for Administrator Lisa Jackson to protect 

human health and the environment. 

President Obama and Administrator Jackson have affirmed two 

core values for EPA to uphold during this Administration: scientific 

integrity and the rule of law. As both environmental lawyer and a 

chemical engineer, I understand, like President Obama and Administrator Jackson, and believe that science and the law must be the 

foundation for sound environmental decisions. I pledge to uphold to 

this commitment. 

The President’s commitment to the rule of law is a hallmark of 

a principled regulatory agency. EPA needs to exercise its policy discretion in good faith and in keeping with congressional and court 

directives. I respect this Committee for its diligent efforts to hold 

EPA to the rule of law and I pledge to uphold this principle every 

day if I am confirmed. 

I started my career as Assistant Regional Counsel in 1988 for the 

EPA in its New York Regional Office, focusing on the Superfund 

Program and leading the implementation of the newly enacted 

Emergency Planning and Community Right to Know Act. 

Since then, I have worked in the private sector, as an adviser to 

EPA and the United Nations. I have testified at congressional 

hearings, and I am currently co-director of New Partners for Community Revitalization, a not-for-profit brownfields development organization. 

Based on my 20 years of work in brownfields, Superfund and 

solid waste programs, I believe that the lack of transparency and 

participation from communities in government decisions have resulted in a legacy of decisions that have left certain communities 

being burdened by contaminated sites and waste facilities. 

I strongly believe that the solution to addressing this failure requires engaging all stakeholders and ensuring transparency in decisionmaking. In particular, I believe that it is critical that government take the extra effort to provide access and information to 

those in our society who are most burdened by pollution. 

There is an opportunity to address both the public health and 

economic burdens of contaminated sites and waste facilities. A key 

principle to the challenges of contaminated sites and solid waste facilities is the forging of a common agenda and partnerships among 

diverse stakeholders, including environmental justice organizations, local governments, not-for-profit brownfields organizations, 

businesses, developers and financiers. 
8 

While I may be from the northeast, I can assure you that I will 

work throughout the United States to achieve that goal and will 

also work with rural governments to further that goal. 

In conclusion, if confirmed, I pledge to uphold the laws by which 

the EPA is directed, to conduct the affairs of the office in a transparent and open manner, to be responsive to the inquiries of this 

Committee and Congress, and to uphold the mission of the EPA to 

protect human health and the environment. 

Thank you. 

[The prepared statement of Mr. Stanislaus follows:] 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 

Senator BOXER. Thank you. 

Cynthia Giles, nominated to be Assistant Administrator for Enforcement and Compliance Assurance, EPA. 

STATEMENT OF CYNTHIA GILES, NOMINATED TO BE ASSISTANT ADMINISTRATOR FOR ENFORCEMENT AND COMPLIANCE ASSURANCE, ENVIRONMENTAL PROTECTION AGENCY 

Ms. GILES. Thank you, Madam Chairman. 

I would first like to take the opportunity to thank you and Ranking Member Inhofe for holding this hearing, and Senator 

Whitehouse for his very kind introduction. 

This is my husband, Carl Bogus, who is here, who was already 

introduced by Senator Whitehouse. 

Senator BOXER. Would you stand up, sir? Welcome. 

Ms. GILES. And two of my sisters, Andrea and Marilyn. 

Senator BOXER. Please stand. Welcome. 

Ms. GILES. I am honored to be nominated. 

Senator BOXER. How many sisters do you have? 

Ms. GILES. I have three sisters. 

Senator BOXER. That is nice. Any brothers? 

Ms. GILES. No. 

Senator BOXER. OK. Just checking it out. 

Ms. GILES. I am honored to be nominated to assist Administrator 

Jackson in the vital mission of the Environmental Protection Agency, and I thank her and President Obama for offering me this opportunity to serve. 

I have had the privilege of being a public servant both with State 

government and Federal Government, including EPA. I served as 

an Assistant United States Attorney in Philadelphia, where I represented the United States in suits to enforce Federal environmental laws. And I served in several positions within EPA Region 

III managing programs, lawyers, and the EPA Enforcement Program for Maryland, Delaware, Pennsylvania, Virginia, West Virginia and the District of Columbia. 

After moving to New England, I served as the head of the Water 

Program in the Massachusetts Department of Environmental Protection. I have also worked in the private sector, in a non-profit environmental advocacy organization and even a brief stint in academia teaching environmental law. 

In today’s parlance, I have been a dot.com, a dot.org a dot.edu 

and a dot.gov. 

[Laughter.] 

Ms. GILES. Over the course of my 30-year career in environmental law and policy, I have worked in just about every major 

area of environmental protection, including clean energy and climate change, RCRA and Superfund, clean drinking and surface 

waters, groundwater protection, wetlands, TSCA and others. I understand that compliance with the law is essential to secure the 

public benefits that the laws are designed to achieve. 

President Obama and Administrator Jackson have said repeatedly that the core values of EPA are scientific integrity and the 

rule of law. Enforcement is part of the commitment to the rule of 

law. It is part of our commitment to the people who expect the protections of clean air and water wherever they may live. And it is 
25 

part of our commitment to businesses that should not be at a competitive disadvantage when they take seriously their responsibilities to obey the law and respect their neighbors. 

Scientific integrity must also be a guiding principle for enforcement. As we pursue compliance, we must look at and be guided by 

the facts, and make sure that we are addressing the biggest environmental and public health problems. And we need to be particularly mindful of our obligation to protect vulnerable populations. 

Responsible stewardship of our air and water is a necessary part 

of our economic vitality. Indeed, responsible stewards of businesses 

rely on EPA and the States to protect businesses by making sure 

everyone plays by the same rules. Especially now, the business 

community will be counting on EPA and the States to make sure 

there is a level playing field and that we are pragmatic and use 

common sense in achieving that goal. 

In seeking to ensure compliance with the laws passed by Congress, EPA, of course, works closely with the States. States have 

the majority of inspectors and enforcement staff and States have 

the local knowledge that helps to ensure that we are as efficient 

and effective as possible in enforcing the law. 

In this task, EPA and the States are partners. At the same time, 

EPA needs to make sure that the guarantees of clean air and clean 

water are shared equally by all. The Administrator has outlined 

five key goals for EPA: reducing greenhouse gas emissions; improving air quality; managing chemical risks; cleaning up hazardous 

waste sites; and protecting water. 

The Enforcement and Compliance Office of EPA will be part of 

achieving all of these goals and others by assuring that we enforce 

the law and achieve compliance with these programs to tackle 

these critical problems. 

I affirm my personal commitment to as much transparency and 

openness in the operations of government as possible. Not only 

should citizens know what their government is doing, but an informed citizenry is also an excellent ally in creating pressure for 

better compliance. 

President Obama and Administrator Jackson have pledged that 

under their watch, the environmental cop will be back on the beat. 

I stand ready to work with the capable and dedicated staff of the 

Enforcement Office to carry out that pledge. 

Thank you. 

[The prepared statement of Ms. Giles follows:] 
26 
27 
28 
29 
30 
31 

Senator BOXER. Thank you so much. 

And last, but certainly not least, Michelle DePass, nominee for 

Assistant Administrator for International Affairs. 

STATEMENT OF MICHELLE DePASS, NOMINATED TO BE ASSISTANT ADMINISTRATOR FOR INTERNATIONAL AFFAIRS, 

ENVIRONMENTAL PROTECTION AGENCY 

Ms. DEPASS. Thank you, Madam Chairwoman and Ranking 

Member Inhofe, for holding this hearing. It is an honor to be here. 

I would like to introduce my husband, Joshua Paulson. 

Senator BOXER. Welcome, sir. 

Ms. DEPASS. Who I am delighted is here with me. 

Allow me also to recognize my parents, Rupert and Marsyl 

DePass in absentia, who have supported me in my decisions 

throughout my entire life. 

I am deeply humbled President Obama has nominated me to be 

the Assistant Administrator for the Office of International Affairs 

at the Environmental Protection Agency. It would be a great privilege to work with and for Administrator Lisa Jackson. The Administrator is a gifted leader and policymaker, and I would be honored 

to serve with her in protecting our Nation’s environment and public 

health. 

I sit before you today almost two decades after my environmental 

career began. My professional and personal commitment to protecting our environment has been field tested and strengthened 

during this time. Protecting our environment for the benefit of all 

Americans has not only been my career, it is my passion. And for 

me, this passion is not simply a question of protecting our natural 

resources. Rather, it is about protecting people and our future generations. 

I have dedicated my life to raising awareness and taking action 

to help people gain access to cleaner air, land and water, regardless 

of where someone lives or his or her economic circumstances. This 

passion began with a legal internship at the EPA in Region II in 

New York City. That extraordinary experience working side by side 

with dedicated staff to investigate and initiate corrective action on 

our most hazardous waste sites fueled two decades of experience in 

environmental policy and management. 

In that time, I have worked in and alongside nongovernmental 

entities, local governments, State government, and international 

institutions. I have helped empower local communities and organizations to ensure that their voices are heard when environmental 

policies are made that affect their lives. And I have worked in government to administer and develop such policies, first as Environmental Manager in the city of San Jose, and later as Senior Policy 

Adviser of the New Jersey Department of Environmental Protection. 

Currently, I serve as the Ford Foundation’s Environment and 

Development Program Officer. In this position, I am responsible for 

supporting the development of sound environmental policies and 

practices in the local, national and international arenas. My background working with U.S. and global institutions representing diverse constituencies with nongovernmental organizations, coupled 
32 

with my professional experience in government, has prepared me 

to foster cooperation on an international environmental agenda. 

Since 1970, the EPA has made great strides in giving our Nation 

a cleaner, healthier environment. In today’s era of globalization, 

these challenges to our health and environment have grown. We 

cannot address them purely on a domestic level. President Obama’s 

environmental initiatives are highlighted by five key objectives: reducing greenhouse gas emissions; reducing other air pollutants; addressing toxic chemicals; cleaning up hazardous waste; and protecting water. 

I share his commitment to these objectives and I am cognizant 

of their global potential. International cooperation on environmental issues is not only desirable, but necessary in ensuring the 

health of Americans. Pollution has no national boundaries. 

I was raised in Queens, New York, the Nation’s most diverse 

county. My parents were immigrants who came to the U.S. from 

Jamaica, West Indies. They were intent on creating a better life for 

themselves and building a wonderful home for our family. From my 

earliest experience with family, community and education, I 

interacted with people of different cultures who spoke different languages, and I embrace the opportunity to work with Administrator 

Jackson and a team of dedicated professionals at the EPA to 

achieve cooperative solutions to the world’s environmental problems and to the trans-boundary problems of toxics, air and water 

pollution. 

As one who has spent her career as a public administrator and 

lawyer in the public sector, I would be honored to lead the Office 

of International Affairs and to utilize the EPA’s technical expertise 

in environmental science, research, education and policy to tackle 

our global environmental challenges. 

If confirmed, I will administer with the priorities of our President as my guide. I pledge today to serve the President and Administrator Jackson, this Committee, Congress and the citizens of the 

United States who are depending on our global expertise and cooperation. 

Thank you. 

[The prepared statement of Ms. DePass follows:] 
33 
34 
35 
36 
37 
38 
39 
40 
41 

Senator BOXER. Thank you very much. 

All of you made very strong statements and we thank you very 

much. 

The way we are going to proceed now is each of us will have 5 

minutes to ask questions. We are going to do it in order of arrival 

here. And I will start by just doing a required series of questions. 

I will go down starting from Mr. Stanislaus down. 

Do you agree, if confirmed by the Senate, to appear before this 

Committee or designated Members of this Committee and other appropriate committees of Congress and provide information, subject 

to appropriate and necessary security protection, with respect to 

your responsibilities as Assistant Administrators at the EPA? 

Mr. STANISLAUS. Yes. 

Ms. GILES. Yes, I do. 

Ms. DEPASS. Yes, I do. 

Senator BOXER. The record will show you all said yes. 

And second question: Do you agree to ensure that testimony, 

briefings, documents and electronic and other forms of communication are provided to this Committee and its staff? By ‘‘this Committee,’’ I mean both sides, the minority and the majority side. And 

other appropriate committees in a timely manner? 

Mr. STANISLAUS. Yes, I do. 

Ms. GILES. Yes. 

Ms. DEPASS. Yes, I do. 

Senator BOXER. And last, 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? 

Mr. STANISLAUS. No. 

Senator BOXER. All right. 

So I just have a question for Mr. Stanislaus because of the situation we face in Superfund where I expressed my concern that we 

have slowed these cleanups dramatically by half. I would ask, if 

confirmed, will you agree to work with my staff to develop a plan 

to expedite the pace of cleanups? 

Mr. STANISLAUS. Yes, I will. 

Senator BOXER. And sir, if you are confirmed, will you work with 

my staff to determine whether EPA could do more cleanup work if 

it had more funding? Would you let us know? 

Mr. STANISLAUS. I will certainly look at the funding, as well as 

the technical issues. Absolutely. 

Senator BOXER. OK. I have some other questions for each of you, 

and I will submit them for the record. 

I will at this time call on Senator Inhofe. 

Senator INHOFE. Thank you, Madam Chairman. 

The last question, Madam Chairman, that you asked of the three 

on conflicts of interest, Mr. Stanislaus responded to it. The other 

two did not. Was that intentional? 

Senator BOXER. Oh, I am sorry. I thought you all—did you not 

respond? I am sorry. 

Ms. GILES. No, I did not. The answer is no. 

Senator BOXER. Oh, please. Well, let me ask you again. Thank 

you. I figured it would be fine, so I just thought I heard you say 

it. 

[Laughter.] 
42 

Senator BOXER. So for the two of you, and thank you, Senator 

Inhofe. I will put back his full time. 

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? 

Ms. GILES. No, Madam Chair. 

Ms. DEPASS. No, I do not. 

Senator BOXER. Well, thank you very much. 

Thank you, Senator. 

Senator INHOFE. All right. And I have a third question for the 

three of you, and that is, it is a little more specific, even though 

the Chairman did address this, and that is: Would you and your 

staff be just as responsive to Members of the minority on this Committee in terms of requests that are made, as you would if it were 

the Chairman? 

Mr. STANISLAUS. Absolutely, Senator. 

Ms. GILES. Certainly, Senator. 

Ms. DEPASS. Yes, Senator, I will. 

Senator INHOFE. Well, that is what you said in my office, and I 

knew what the answer was. 

[Laughter.] 

Senator INHOFE. You mentioned, Ms. DePass, that in the past 

you were the manager of the Ford Foundation’s initiative on environmental justice and healthy communities. Could you explain if 

there would be any change in your position, or how your new national and international role may require you to change your position that you have taken before? 

Ms. DEPASS. Thank you, Senator. Currently in my role as the 

Ford Foundation Program Officer, my work is to stimulate good environmental policy and practice nationally and internationally. I 

don’t foresee that there will be any large or major changes as I will 

be working to protect the U.S. interest, working internationally 

now in bilateral and multilateral arenas. 

Senator INHOFE. All right. Fine. 

Ms. Giles, I am going to ask you something relating to your position on the sanctity of contracts and consent agreements. In your 

potential new capacity, and by the way, I would say that I intend 

to support all three of these nominees and I appreciate the time 

that they took to join me in my office, but in your potential new 

capacity as head of Enforcement and Compliance, you have responsibility and authority for enforcement of the NSR program. I notice 

that the EPA announced yesterday its intent to review three NSRrelated decisions. 

Now, other recent enforcement actions by the EPA have sought 

to go after certain electric power generators because of one of the 

NSR rules was overturned by the D.C. Circuit Court. I would have 

to ask you, do you think that, as a matter of equity and basic fairness, that previous lawful conduct should give rise to retroactive liability? And what are your thoughts on the disincentives such a position creates to the implementation of programs that will be under 

your responsibility? 

Ms. GILES. Well, Senator, as I say in my testimony, one of the 

key foundational principles for EPA under Administrator Jackson 

is, of course, dedication to the rule of law. And part of that commit-
43 

ment, of course, is to follow court decisions that may occur over the 

course of consent decrees. 

My commitment, if confirmed, is to make sure that we effectively 

and fairly enforce the laws of the United States as those exist at 

the time and as may interpreted by the courts. 

Senator INHOFE. At the time that—at what time? 

Ms. GILES. At the time that those decisions are being made, Senator. 

Senator INHOFE. That an individual has, in other words, the 

rules that were in effect at the time that a person took the responsibility. 

Ms. GILES. Well, Senator, I am not familiar with the specific circumstances that you are referring to there. I would be happy to 

look at that. 

Senator INHOFE. Well, I am only referring to, it was a court decision, D.C. Circuit, that may have changed the rules. And I am talking about some of the generating companies that complied with the 

rules, the NSR rules, at the time, and then they changed the rules. 

This is my concern, not just that particular case, but anything else 

where there are rule changes that come up after the fact. 

Ms. GILES. Senator, it certainly is the obligation of the Office of 

Enforcement and Compliance, and my obligation if confirmed, to 

enforce the laws, including the new source review laws, to protect 

air quality in the United States, and from time to time court decisions may change the legal framework under which the Agency operates. In accordance with adherence to the rule of law, I think 

that EPA is required to go along with the law as interpreted by the 

courts. 

Senator INHOFE. OK. That is fine. 

Mr. Stanislaus, I wanted to get to a question you and I talked 

about in my office. And that was having to do with your affiliation 

with the New York City Environmental Justice Alliance and its 

member groups. I had brought up specifically that one of the member groups that your name is identified with received—and one of 

my Members brought this up to me, who isn’t here now, I wish the 

Member would show up—that one of the member groups of that 

New York Justice Alliance solicited and received grants from Hugo 

Chavez. 

Now, I would ask you on the record now, is this something that 

you were aware of at that time, that you solicited, or that you approved? 

Mr. STANISLAUS. No. 

Senator INHOFE. OK. 

And Mr. Stanislaus, I am concerned, as I brought up in my office, 

there is a lot of controversy on remedies, on what we are doing in 

the Superfund Program. It happens that the most devastating of 

all the Superfund sites in the Nation happen to have been in my 

State of Oklahoma. And you and I talked about this in the office. 

We have had the full cooperation now, I couldn’t have asked for 

more cooperation previously in taking care of that particular Tar 

Creek Superfund site. 

There is some work remaining. The buyouts I think are pretty 

much complete. There are some things that have to be done with 

the land once all the buyouts and the moves have been made. I 
44 

would just like to ask if you would give just the same full attention 

to that particular—completing that Superfund, the Tar Creek 

Superfund site in Oklahoma as we have had up to this date. 

Mr. STANISLAUS. Absolutely, Senator. It is my intention to ensure 

that cleanup goes forward and is completed, along with all the 

other Superfund sites. 

Senator INHOFE. OK, I appreciate that very much. 

Madam Chairman, as you know, we also have an Armed Services 

Committee hearing right now, and I am going back and forth. I am 

going to try to get some other Members in here. 

Senator BOXER. OK. 

Well, I think this doesn’t seem to be a contentious hearing, so I 

have a feeling you can go and not worry. If there are any big problems, staff will call you back. 

Senator INHOFE. Well, I always worry a little bit. 

Senator BOXER. Don’t worry. 

[Laughter.] 

Senator BOXER. Ever since I took this, he has been worrying. I 

know. 

[Laughter.] 

Senator INHOFE. And this, too, will change. 

[Laughter.] 

Senator BOXER. No comment. It is too loaded a charge. 

Thank you. Have a good hearing at the Armed Services. Thank 

you. 

Senator Whitehouse, to be followed by Senator—you don’t have 

any questions? Or you do? No? 

Senator Lautenberg. 

Senator LAUTENBERG. Thanks, Madam Chairman. 

And one of the things that we see in this Committee is many 

times we are witness to revelations. It is almost epiphanous in 

terms of what happens here. And our Chairman has earned the respect of everybody in the U.S. Senate and people outside because 

of her diligence in pursuing matters of importance. 

But it was in this very place in this Committee that we were introduced to a fellow named Barack Obama. He came here as a 

Member and it was immediately obvious that he was very talented, 

that he understood the issues and almost instantaneously. He responded with sensible responses to a situation that we were in, and 

he is a truly a very great protector of the environment. 

And I want to thank all of you for what you do, for protecting 

my grandchildren. And I urge you to continue to work as diligently 

as you can to continue that protection, because if you can take care 

of the Lautenberg grandchildren, you take care of everybody’s 

grandchildren. And we love them all. 

And so when I see your careers thus to date and I see that two 

of you, Mr. Stanislaus, Madam DePass, you were born outside our 

Country, right? 

Mr. STANISLAUS. I was. 

Ms. DEPASS. No, sir. I was actually born in New York City, but 

my parents were born in Jamaica, West Indies. 

Senator LAUTENBERG. I see. Well, so we can classify you as relatively new citizens. And the fact that you are here contributing at 

the level that you have, with the credentials and the veracity that 
45 

you bring from your earlier assignments just tells us something 

about the system that we are on, the integration of people with 

ability and a commitment to do the job. 

So we thank you for that which you bring to this table and to 

what we expect will be a productive period of time in these new 

assignments. Obviously, you are not going to have a problem, any 

one of you, in being confirmed. The fact that we don’t have a lot 

of attendance here also suggests not just that others may not want 

to hear what you have to say, but they have already come to a conclusion that you are qualified, and that you will have the support, 

especially with the leadership of our Chairman. 

And so I am pleased to see you here. I got a little frightened 

when the Chairman said that, or I should say a little encouragement, when the Chairman said that she was going to call on people 

based on their time of arrival, and I thought it meant arrival on 

earth and I would be—— 

[Laughter.] 

Senator LAUTENBERG. And I thought certainly I would be first. 

Senator BOXER. Well, Senator, I will do that, but then we might 

go to in order of size. 

[Laughter.] 

Senator LAUTENBERG. Those who need the most protection. You 

don’t need any protection. 

[Laughter.] 

Senator LAUTENBERG. I would ask, if I may indulge my friends, 

for Mr. Stanislaus, I was one of those who was very enthusiastic 

about saying that a very de minimis charge on those who produce 

items that could then turn into obnoxious waste should pay the 

price for monitoring or disposing of those things, the Superfund 

law. And that was originated, Ms. DePass, by a fellow named 

Florio. Jim Florio was a member of the House and later Governor 

of New Jersey. In a lame duck session in 1980, he created the 

Superfund Program and established the fact that the polluter 

should pay. 

And Mr. Stanislaus, any challenge to the view that the polluter 

must pay for their share of the damage that they might do? 

Mr. STANISLAUS. Thank you, Senator. 

President Obama has included the Superfund tax in his budget, 

and I will support that. 

Senator LAUTENBERG. I just want to catch up with Ms. Giles. 

You know, I looked at your career and I think back to days when 

I was much younger and kind of looking for a place to plant myself. 

And my mother would have looked at your resume and said: 

What’s the matter? Can’t you hold a job? 

[Laughter.] 

Senator LAUTENBERG. Anyway, it was wonderful, the experiences 

that you have had in different places I think prepares you so well 

for this responsibility. 

In 2008, a GAO report found the Bush administration fined polluting companies much less than the previous Administration. And 

if the companies knew that there was only small financial consequences for polluting, some of them they choose to break the law 

rather than spend the money cleaning up operations. 
46 

What do you think ought to be included in vigorous enforcement 

of our environmental laws to make sure that a powerful incentive 

is to make certain that people are going to pay, pay fully, as fully 

as we can make them, for the damage they have created? 

Ms. GILES. Thank you, Senator. 

In achieving the objective of compliance with the law, aggressive 

enforcement is certainly one of the tools. And as you have pointed 

out, penalty structure is an important part of that enforcement to 

provide a deterrence to other companies from making a decision to 

violate the law and to recoup the economic benefit that a company 

might obtain by violating the law. 

Following through with that type of enforcement program is part 

of the way that the Office of Enforcement and Compliance assures 

that we achieve the protections for human health and the environment laid out in the Federal laws. 

Senator LAUTENBERG. Thank you. 

And Ms. DePass, forgive me for giving you to Paris, the elegance 

of your presentation commended that lofty title, but DePass is very 

good. 

And one of the things that certainly is a difficult problem if we 

try to cure the international assaults on America alone. And while 

I believe that the U.S. has the responsibility of leading the way in 

fighting pollution, fighting toxic disasters, with strong legislation to 

cap greenhouse gas pollution, we are going to need international 

cooperation. What do you think we can do to ensure that other 

countries also work to reduce the greenhouse gas emissions? 

Ms. DEPASS. Senator, thank you for your question. 

The President has made one of his commitment to set an agenda 

for the United States to lead the way in terms of setting and reducing greenhouse gas emissions. And the State Department is leading 

the actual delegation toward Copenhagen where we will set an 

agenda. Although I am not privy to the actual qualitative and 

quantitative goals that they have for the future negotiations, I do 

pledge, if confirmed, to be able to assist the Administrator and the 

Administration in encouraging major emitting countries to do the 

same. 

Senator LAUTENBERG. Madam Chairman, I congratulate you on 

the fact that we have the individuals of such high caliber that we 

automatically assume capability in getting the job done. We know 

that the hearts are there. We know the minds are there. And it is 

up to us to give them the tools to get the job done. And I commend 

all of you for your wonderful work and the record that you bring 

to these jobs. We hope you get started in a hurry. 

Senator BOXER. Well, Senator Lautenberg, you speak for us all 

when you talk about your grandkids always. And that is what our 

work is really about. And we need the backup. We need the backup 

support out there in the field where it really happens, because 

sometimes we make good policy here. We have great landmark 

laws, but if they are not enforced, they are not carried out, and 

their spirit is just not paid attention to, we don’t fulfill the promise. 

So we are very thrilled that the three of you are here. I think 

it is a tribute that we didn’t have a lot of people here, really. This 

is what you—for those of you watching this, the young people, I 

would say to them that when nominees are in trouble is when you 
47 

get a big turnout and people pressing them and pressing. So know 

that this is a good sign. 

And of course, I was thrilled to hear Senator Inhofe say he supports the three of you. That is wonderful news for me and for all 

of us. 

We need to make sure our questions are submitted for two of the 

nominees by close of business tomorrow. Answers are due back by 

Friday at noon. Can you all make sure you do that? Friday at noon 

if you get written questions? 

Mr. STANISLAUS. Yes. 

Ms. GILES. Yes. 

Ms. DEPASS. Yes. 

Senator BOXER. I don’t want to miss anybody. 

Again, congratulations on how smoothly this went. And you all 

just come to us so highly qualified. We look forward to moving your 

nominations very quickly. 

Thank you, and we stand adjourned. 

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

Æ