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  • 3 months ago
At a Senate Environment and Public Works Committee hearing before the Congressional recess, Sen. Shelley Moore Capito (R-WV) discussed the impacts of cleaning up superfund sites on former industrial powerhouses.

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00:00I'm going to start with questions. I'm going to start with Catherine Scarlett.
00:04First, you've held significant positions in the federal government relating to NEPA,
00:09so you know this well, and permitting processes. In each of these roles,
00:13you've developed experience of what's working and what isn't. So given your
00:17expertise, what has motivated you to take on this role, and how has your past
00:22experience prepared you for this? Thank you for that question, Chairman Capito. I
00:27was excited to take on this role because mainly because all three branches of the
00:34federal government recently have indicated that the NEPA process is
00:37broken and needs to be reformed. As I stated in my opening statement, I have spent
00:43nearly the last decade working on the interagency process and trying to get the
00:49environmental review process more efficient and more timely. So given the
00:55directive of Congress, I wanted to return to CEQ so that I could faithfully
01:00implement those amendments to the National Environmental Policy Act.
01:04Well, I think response of all three branches being dissatisfied with where
01:10we've been and where we are, we need certainty more than anything. And I know
01:14with you at the helm, we can get some of that. And let me ask you a subsequent
01:19question. In Division C, Title III of the Fiscal Responsibility Act of 2023, Congress
01:24passed the first large-scale bipartisan changes to NEPA in almost 30 years.
01:29However, it is widely viewed that the previous administration did not faithfully
01:34implement the changes in NEPA included in Division C, Title III of that law. As members
01:40in both chambers and both political parties continue to seek reforms to support more
01:44efficient environmental reviews, will you commit to faithfully implementing—this is
01:49important, I think, to both sides of the dais here—any additional permitting and
01:54environmental review reforms passed into law consistent with the statutory language
02:00and the intent of Congress?
02:01Yes, Chairman, I do commit to faithfully implementing any new provisions passed by Congress.
02:09Mr. Hall, my ranking member took you to task pretty good in his opening statement,
02:15I would say. But one of the statements that he made, I just wanted to give you a chance
02:19to respond because he mentioned that your wish would be for it to make it easier for the
02:28polluters to pollute. Is that a true statement in your opinion?
02:34Thank you, Chairman, for the opportunity to respond to that. And I appreciate the opportunity
02:39to meet with you earlier. No, that is not a true statement. As I mentioned in my opening
02:44statement, when I—first day on the job, I—well, the second day, I actually had an all-staff
02:50meeting with all of OECA and told them that it was my goal to continue to enforce the law
02:57and that we would continue to enforce it. And I think the record bears that out. And the
03:02administrator, when he had his hearing on the budget, was able to share some statistics that
03:09show that OECA and EPA have continued to enforce the law. So I'm happy to get into those, but
03:14I think they show, for instance, on civil case conclusions that there are far more in this—the
03:20time of this administration than the previous time of last year. And on the criminal side,
03:25there are also some very compelling statistics that show there—there have been four more case
03:30conclusions, including sentencing and criminal penalties during the time of this administration.
03:35Yeah, let me let me ask you about the Superfund cleanups, because you mentioned this in your
03:38in your opening statement, and how to improve—we spend a lot of time trying to improve the CERCLA
03:46implementation. We have some Superfund sites in our—you mentioned they're on the books,
03:51I'm sure you do too—on the books for years and never quite seem to get there. Will you have a direct
03:58role in negotiating these agreements, and how would you approach the use of these tools to accelerate
04:03our cleanups? Yes, thank you, Chairman. So Superfund enforcement is a priority of this administration,
04:10of the administrator, of the deputy administrator on down to me when I was the acting assistant
04:14administrator, and if confirmed would continue to be a major priority of my tenure. So I think that we
04:21would use all the tools available. I know that this committee had a hearing a little not not too long
04:27ago on Superfund and Superfund enforcement, where some of those tools were discussed, including various
04:32agreements like mixed funding agreements. So I think that we would continue to use all the tools available
04:38and push it forward. I know the Office of Land and Emergency Management has a goal of expediting
04:43cleanup, and my commitment would be for—we could be right there with them, increasing the pace of
04:49remediation and making sure that the Superfund program is funded through appropriate and aggressive
04:56enforcement. Coming from a state, much like Ohio, where we were basically major parts of the industrial
05:04revolution, major manufacturing sites that are now have gone dormant and are really ripe for economic
05:13development, but cannot get through the environmental, the Superfund if they've been designated. This is
05:19extremely important to really the heartland of the country that powered this nation and really brought
05:26us to where we are today to be able to be part of the new revolution of technology and other things that are
05:32coming and advanced manufacturing. So I appreciate your attention, and I'll—
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