100R81101
U.S. EPA Headquarters Library
Mail code 3201
1200 Pennsylvania Avenue NW
Washington DC 20460
STATEMENT OF
ANNE McGILL GORSUCH
BEFORE THE
U.S. SENATE COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
May 1, 1981
Date:
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STATEMENT ot
ANNE XfcGILL GORSUQI
SinC'T'S DESIGNEE FOR ADMINISTRATOR OF
THE i^'ItflttENTAL PROTECTION AGENCY
Mr. Chairman and Merrix^rs of the Senate Committee on Environment and
Public Works:
It is a singular honor and privilege to appear before you as
President Reagan's designee for Administrator of ther Environmental
Protection Agency.
As you may know, the Administrator's position is one which I
actively sought, and i iX"jl that, iry ryawns for yj doing are ni'lev.ant
to your del iterations today.
In my opinion, and I am confident that you would agree, the
position of Administrator of the Environmental Protection Agency
presents one of the most challenging and critical opportunities in
governrnent to formulate and implement significant domestic policy.
In light of the policies of President. Reagan, the challenges and
opportunities of the position are enhanced. The Administrator must
manage one of the largest federal agencies in America—large both in
terms of numbers of employees as well as budget—to implement
policies which can achieve the important national objective of
enhancing and improving our national environment in a manner that
acconnoduLes the objc-etivos of cliange '.vhicii are the hallmarks of this
Adriinistrat.i'jii. 'Hie ';i:-'\ pf:s!.-nt--; cnot-^ins opportunities and
U.S. Environmental Protection Agency
library, Room 2404 PM-211-A
401 M Street, S.W.
P'-^hington, DC 20460
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:isr- President is cammed co the preservation and enhancement
^: ::«tfiiwa?rical values, and that is a coimitment I share.
fix. President is carroitted to achieving a new federalism in
whir,!, the decisions and the power to implement those decisions will
be shllted from the banks of the Potomac back to the level of
government which is closest and most accountable to the people it
serves, I share that corrinit:nont;. No greater opportunity exists for
implementation of that new federalism than that presented to the
AcLiuniytrator of EPA, who is charged with exercising powers and
duties, the clear Congressional intent of which was to involve the
state governments as full and active partners in the achievement of
national environmental goals.
The President is oomnillod to regulatory reform, and here I
believe it is important u> einphasl.ie that tee reform is not limited
to withdrawal " of unnecessary or overly burdensome singular
regulations, but envisions a much broader scope involving the process
by which new regulations are formulated and current regulations
evaluated. We should seek and accept input from all points of view,
evaluate alternatives in light of best possible intonation, and then
select the least costly options—in tertns of both indirect and direct
costs to the consuming public—consistent with the goals and policies
of the law. I share the President's corrroj tnx-nt to the goal of
regulatory reform. I am confident that you will concur in my
judgment that there is no greater opportunity to effectuate that goal
than the opportunity to serve the people of this country as the
Administrator of the Agency charged with developing the regulatory
framework for such vital industries as fanning, steol, autos and
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ntnins, to naras a few. How such industries are regulated impacts the
diily lives of each of us through our utility bills, the market
availability of new -lerloal substances, and the control of
pollutants in our air, water and land.
Thcf-jgh the following is not intended to be exhaustive, we know
that the President is rvxmittod to achieving our national goals with
expenditure of less of tin-: taxpayer's money, that, he is committed to
the development of ckx>>stic energy resources, to the careful
husbanding of our aat.iral resources, to the revitalization of
industry, to the creation of new jobs, to the elimination of the
governmental cau.sos ol inflation, a fid, as L stated earlier, most
certainly to the preservation and enhancement of environmental
quality, I shap-.- ih'^j- <•( >t:ni t'T'nts and rvc-o^.nizo the j.;reat.
opp^'tarnty to j)'irt ici 1-:; l',' in i he achievcMi-'iit ul' tho-sc* eoais, as a
public servant exercisirr,; the ixj\vers and di.ities granted by Congress
to the Administrator of the Envirent-rental Protection Agency.
The challenge of administering the A^ncy in a manner which will
achieve those goals is enormous and intricate—one which I ani eager
to undertake.
While there is no organic act which delineates the several
duties of the Administrator, it is clear from an examination of the
several statutes that the requirements for the position are several.
The Administrator rnist be an experienced policy maker and an
effective cotmunicator of the policies developed, must have the
ability to make decisions within broad grants of discretionary
authority, must l>3 able to understand and irplemc-nt policy within tlie
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fra.-*-work of a budget, and must also be a careful manager of tirne mid
*•*><• •-•—es. Additionally, the Administrator of the Environmental
:•»-)-..--ion Agency i"' ch.anvd with several judicial functions
rtx1:; .ring the careful balancing of all relevant evidence and the
indf "vndonce of thought necessary to arrive at equitable decisions.
I appreciate having had the opportunity to meet with most of the
nic-"i>;rs of this commit, t,v<> on an infomal basis, but in light of the
requirements, I fee] that it i:? appropriate here to formally acquaint
you with some of the elements of my prior experience and training
which may be relevant to vour consideration of the President's
nomination, before discus sin;* the specific objectives \vtaich I intend
to pursue in the position.
I do ry>l cone bofotv you as f-ne of a select handful of people
who
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"! i_ school education, and to participate in the Fulbright program in
India irrraediately afterward.
"(>, a long-term Go Torn loan I cone before you with a deep
ajri/f^ciation of tne unique b-autierf which we enjoy in our environment
— the rrnjesty and granJeur of the Rocky Mountains, the openness and
/sense of space of our eastern plains, a climate which enjoys the
variety and change afforded by each season of the year. As a
Westerner I come before you with a profound appreciation for the role
that water plays in every aspect of our lives, for the necessity of
its conservation and b'neficial use.
I have actively pursued the practice of law in various
capacities in the last 14 years and the experiences have been
Av/!'<>••:>;;>!;, I shared a job
with a fellow attorney and good friend who is present here today,
Mrs. Ann Allott. The sharing of responsibilities cane as we
endeavored to continue our professional careers while starting our
fa-nilies. Mrs. Allott and I were Assistant District Attorneys in
Jefferson County with primary responsibility for juvenile
prosecutions and the collection of money fran non-supporting parents.
In that position 1 had a unique opportunity to cone to appreciate the
necessity for careful exercise of discretion. As you gentlemen are
undoubtedly aware, the grant of prosecutorial discretion is among the
broadest and riost unfettered enjoyed by any public official. In its
exorcii-f.' there is a nee'-s >i i\ lor a iili understanding of the needs
of the comuni ty to appr';rr;ar^ly prior: ti'-:^ the expenditure of ti.-ne,
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v,,; <;•;.?t and rosources. A decision to prosecute on certain cases is,
ir? iicitly, a decision not to act. upon others.
The experience; in tin-- District Attorney's Office likewise
pr'pared me for the r/uriagerDent function of trie position which I now
s^"k. It was our cluillor^e aud our opportunity to refurbish and, in
many instances, to create, the component parts of a management
system which allowed for the efficient ongoing collection effort. We
est'-ihl Lshed a collection sy-stc.-m whicn called for the orderly referral
of AI'DC recipients; allowed tor the prompt, handling of non-welfare
petitioners; Initiated investigative efforts where necessary;
corresponded with responding or initiating officials in other
jurisdictions and other states; scheduled court time; provided for
prompt follow-up; estal.l ishod collection pi-ooedurvs in other branches
of the court system and created an internal system for prompt and
efficient follow-up on delinquencies.
That experience .served me well in my next professional position
which was as a gubernatorlally appointed hearing officer for the
State of Colorado; in effect serving as an .Administrative Judge for a
variety of State Board:-; and Comnissions.
My entire professional legal experience, especially my service
as a prosecutor and Colorado Hearing Officer, has given me a
deep-seated appreciation for the necessity of knowledgeable and
independent judicial decisions. The eases involved allegations of
statutory or regulatory violations by licensees and practitioners and
required the unbiased ^risideration of all evidence presented, an
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ur.bia f! sri i impartial application of the law to the evidence
add1;--"'"i. The law with which I dealt prescribed such unrelated topics
as inns-oner protection, professional standards, regulations to
protect i.he public health, to name but a few,
I*- was an experience which I thoroughly enjoyed and which stood
me in K'r/xi stead as an elected State legislator, where one is called
upon i:i make decisions in seemingly unrelated policy areas and where
decisions must be premised on a fair and impartial hearing of all
interested parties, a weighing of the conpeting policy objectives, an
awareness of the fiscal and resource restrictions, a sensitivity to
the needs of the people served, and a broad overview of the tx^eds of
t.'jc L'l.tU. :us a whole.
Like uiany of you w!,o vxxiie to the federal effort from a state
legislative background, T am sure that you will a^ree that it is a
valuable training ground.
In ny first term, beginning in 1977, I served as a member of the
Finance Cbrrmittee, the Appropriations Gonrnittee, and as Vice Qiairman
to thf* .Judiciary Corrmittec. I was the print; stxonsor of several
pieces r)f Is-gislation. Among my efforts was a corrplete rewrite of
the sentencing provisions of the Colorado Criminal Code which
chang-yi th^ structurf^ of our law from indeterminate sentencing to
prr-siri-Uvt' sontcricirig, and which is now, afu-r a stornij* course, the
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lav; of the State. I was selected Outstanding Freshman Legislator in
a press poll of ray peers, lobbyists, legislative staff.
In my second term I served as a Menl-jer of the Transportation and
En""gy Cornaitteo, ann as Chan-man of the House State Affairs
Coinnittee. Additionally, 1 served as the majority leader's designee
on the Joint House-Senate Ijegal Services Committee and became its
Chairman in the final year of my legislative activities.
As Chairman of the House State Affairs Coniaittee, I worked with
a relatively small but effective staff and with fellow members of the
committee to resolve most of the politically sensitive measures
introduced in the House. Excluding appropriations measures, of the
more tlian 1,300 bills and resolutions introduced in the House and
forwarded to the Hous*- by the Senate in 1979 .me! 1980, 245 (or more
than lo't.; were referred t,u Stat-- Affairs. T.Ve acted 0:1 every bill
assigned tn the Coinni ttee, and reported out 176. We built a strong
record of listening to all interested parties, working with fellow
committee riembers and reporting back to the Assembly in a timely
fashion. It is a record I intend to continue.
i The Transportation and Energy Committee on which I served, was
assigned primary responsibility for most of the bills formulating the
State's resfxjnse to the requirements of the Clean Air Act.
( The 1/3gal Services Conrrdttee, on which I served first as a
member and later as Chairman, exorcised tht1 .statutory i^sponsibility
for developing''the Vjud;;/'t and |)olicies ol" the legislative staff,
whior. provided •:.'1 1 drafting, st.itatory publication and revision, rule
and ' r-'-'palation revifj,, :ari It.-gal advice to the General .Asserbly.
Add: 11 -.r/il ly , J/-;rri.l .'-•;•".-'.<-i"" Crt.ni tt.ce wts t!u' fcx::)l point for
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renting th.-_; Colorado initiative in regulatory reform. This
staff consisted of a tp-.om of 45 (16 attorneys, 2 paralegals, 2
eori!Ut/,>r sp->:ialists, anl ^0-liJ clerical staff rrxsnbers).
I was one of the primary advocates of a bill which established
the regulatory review process. Rules promulgated by the 20
departments in "che Colorado I'tate government fill a twelve volume
cod'.', which, according t^ the legislation, is to be reviewed every
four years for consistency with statutory authority and legislative
intent. In the two years in which I served on the committee, more
than half of the codes—by volume—were reviewed, a full third during
my cliairmanship. In addition, more than 600 new rule submittals were
reviewed in 1979 and 1980. It may be relevant to note that this
additional v'irk was absorlvd without adding any attorneys or staff.
As the prime House sponsor of the Air-Pollution-Control
Inspection and Maintenance Legislation of 1980, it was necessary to
bring three vastly divergent factions behind a compromise bill that
does meet the requirements of the federal law and, as estimated by
EPA will reduce CD emissions sufficiently to allow even Denver with
its peculiar high altitude problems, to meet the ambient air quality
standards by 1987. Having Labored on Superfund, I am certain you
gentle-Ten understand h>,>* fragile such coalitions can be. Difficult
decisions and compromises -nast :>s mad-.'. "JPA's decision to reconsider
the adequacy of Colorado's In^*pecr.ion and 'laintenance proixisal of
'1979, occurring a.s it did afb^r th« Legislature was out of session
and after contrary prior representations, did r.ot i^rove state/
federal r^latior:;;, nor Ji.i if '^rnviJ-' t'if> hc^al t:i I'-st atr> sphere for
urnrv.'t:; ,if'i;t".! Ji :L;!'v: '.:';:;)•. Y,-v<.;r Liu.'b -,s, l!:t_-iv is a p'>;itive
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less--):, to be learned from it. The Agency mast be cooperative and
con^i >:ent in its dealings with trie states if state cooperation is to
be r-,r:.hoofing.
As a member of the Majority Party Caucus, I took a very active
role in evaluating, on a lino-by-line basis, appropriations for the
budgets of all de]Xtrt:nents of state government. The decision making
process was especially challenging in the final three years of ny
legislative experience;, when total expenditures were limited, by
legislation we enacted, to no more than 7% above the previous year's
budget,
The Interim Committee on Hazardous Waste (which I chaired),
heard testimony from the Ifealth Department, local government
officials, interested individuals and industry representatives, and
/ determined that no existing or immediately foreseeable situation
warranted continuing the state's authority to override local siting
Sdecisions. We also determined that it would not be in the best
interest of the State of Colorado to assume primary responsibility
i for implementing the Federal !ut/>ardous waste program (the Resource
Conservation and Kecovery A.:t); the disadvantages simply outweighed'
the advantages. I fully expect that a familiari_ty_ with _tiie__m.jor_and
minor elements which make assumption of a federal program__jar4des_irable
will be a major asset in the job oLJdininistrator.
Unquestionably, the policy-making cormunication, management, and
budgetary skills honed in legislative service, and the respect for
and understanding of the- Legislative process will be exceedingly
valuable in meeting the challenges inherent in the administration of
the EPA, These eMj>3riijn",tjs iikowiso iiavp given :\_- a ricn insight
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-avM^iv.-:. •-.•,.-,,-. ,a'->«
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.'".._. ,.-j'.;~farr-e o; -. jirv cf the major environmental issues of our
. ,.?'* if ' ' '
X** ti-v, <™» •v^'iy :'"., .riant,!y, the role of the states and their
r
AY a rorj.xjra'e '= * torney for Mountain Roll, I served as an
adv<>':'it.; and a ; filial,, r, listening to and coordinating the sometimes
div^rp-nt vine's and objtx;tives of various departments, ascertaining
policy wMch best served the interests of the corporation as a whole,
and 'if ten persuading the various departments to concur. Mountain
Bell is the largest employer in an eight-state region, so it was a
continuing challenge to mesh the diverse interests on any one issue
into a program acceptable to concerned departments in all eight
s tates.
As directly applicable and iiiportant as these exj>eriences are, 1
*ould not havf b-'tjti able to absorb so many of the necessary
management skills, !iad 1 not liad the experience of being a working
mother. Juggling the roles and responsibilities of being a full-time
mother and part-time attorney, legislator and politician is among the
ultimate in management ctiallenges.
As AdminisLrator-lJesignale, I recognize three responsibilities
of paramount importance: the protection of public health and welfare
through restoration, preservation, and enhancement of the quality of
our environment; faithful implementation of the intent of Congress as
expressed in our environmental protection statutes; and the
develonnent of ooiicies that accommodate the national objectives
articulated by the President. It is rny expectation, if confirmed, to
play an active persona! rjle in t!:e developxut <'f these policies as
thev afr-'.c: IIP- ."".': '..;:• la'.;s ir administiM's. ' "ave been assured
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personal j v by President Reagan that this will be the case. If
conlir;;*a, these will be my primary objectives, and I would expect
the Arv i -.- a a people to judge my performance accordingly.
My ir.pleraen 'cation. of these objectives will include emphasis in
the following initatives.
We rust recognize that EPA is affected today by economic, energy
and eMvirounHntal considerations largely unknown when many of the
laws wfjre passed. The public is no less committed to environmental
protection, but increasingly aware of the need to balance all of
these interests. EPA's programs must reflect this public awareness, ^hs-s cfeu tep.-> thereby reducing delays and costs of compliance,
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without sacrificing either duo process or environmental protection.
The public does not obj<;ct to the Ixisic laws in place, but it does,
with rr/xi reason, object to paralyzing cielay.
I believe that rules and regulations issued oy the Agency can
and ,a;sr. reflect better unfierstandin^jjjjd^iaa^ideration of intermedia
relationships.
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ge can and we must irprove the scientific and technical basis
^"•l" "•• for the standards and regulations developed. A policy change to
require peer reviov, earlier and more frequently in the process" could
make a trenendous difference, I feel fortunate to have an individual
like Dr. John Hernandez designated to be Deputy Administrator. He
has the scientific and technical expertise to identify other
improvemeats that can bo made.
We shall restore the states to their rigjrttijul_pj.ace as_partners
with the federal^,government in policyraal5ing>_as__ well,., as policy
imp.lejpe.ntation. Rather than asking states to effectively enforce
progra/irs in which they have iiaci little meaningful input, we will open
clear lines of communication to the Governors, Legislatures and state
environmental agencies, so that their concerns can be considered
early in the regulatory process. My experience has given me great
faith in tne ability '<£ the slates to function as true partners, and
I believe that far tetter environmental protection can be achieved if
we will allow the level of government closest to the point of
control enough flexibility to implement the protection program best
suited to the area and the people who mast live in it.
In developing and implementing our national environmental
program, we must understand that its success requires the cormitment
and investrnent of the private sector, and that ultimately the cost is
paid by each individual citv/^n. '.Companies do not pay for these
costs. You and I, as ronsu'Ter.s, do.
-^ / -Ve caa and usist simplify and strj-.tiriline t;ie reg'jlatory process.
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' ""Rules too corplex ^> r»-,> understood serve only to alienate the public
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-j Me mission of FPA, and that mission is too important to be left
solely to the rvtf.u.-ited and the regulators.
We have :vuk> -..orsiderable progress in impix)ving the quality of
our envirnament. 'fefore leaving office, my predecessor reported
that, at this point in tirr.»;, large industrial facilities have a very
high r-^Tpllanre rate with water pollution standards. Factories,
power plants, and ot'ior najor industries affected have a very high
compliant rate with Clean air Act requirements. 1981 model cars
emit greatly reduced levels of hydrocarbons, carbon monoxide and
nitrogen oxidf?s as compared with the uncontrolled cars of the 1960s.
We liavo made good progress in controlling drinking water
contaminants, regulating toxic and solid waste disposal, preserving
natural ecosystems, and controlling pests while protecting the
enviromjnt.
Much retrains to be done and can be done, Tie public is fully
comnitted to environmental protection, while simultaneously a\vare of
the need to improve our economy and develop affordable domestic
energy resources. 'A delicate balance must ernerge>
belir-ve EPA rrust tr..k'- the lead in developing that balance,
cognisant of its opportunities and constraints, its potential and
limitations, its lu.btor:* -msMon and our clianging ti;-nes. EPA must
/ be non-ccjnf rontitional in its anpruich, leading by action and
onooiirii/t-^.-nt, r. assur>~ vo'j that, if confirnt-d. this will be ry
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>ruidin'vT cr*~*(lo.
I a,m confi'K-nt thii' :'r ^jid^Mt itt^agan did not, ask rrie to serve
becauso of any alvtjcacy IA,sit ion 1 have t,iken. I "'\ave not mace nry
livin;: figating for or i~,\.\: nst envvron^-ntal la'.x's and regulations.
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that pty" education and experience have trained me to^J^kg^he^ inroad
^-^ ^^f*****™* """ "" ..... .-.-»•— ~~-"»nn.r «-««•.—»
overview nectjsgaxy.; — tiua,V^%^-a\jcurd,-aji.JLheJ^olorado_ .State Legislature
indicated a strong corani tinea I to hearing all points of view and
forging workable compromises; that the nature of my public service
ho,s marte rne particularly sensitive to the elements which make Federal
programs so annoying and sorr*.'times even unacceptable to the American
K
i' people; and that—above all else—my total efforts and talents will
be committed to restoring, preserving and protecting the
environmental heritage that is a critical, integral part of the
legacy our children and grandchildren mist inherit if they are to
know the same freedoms, and enjoy the same choices, that we have
known.
Mr. Chairman and members of the Committee, 1 would like to thank
you and your distinguished colleagues for the many courtesies you
have extended, and for this opportunity to appear before you.
As I stated before, the challenge of the position is enorroous
and intricate, and one which, with your advice and consent, I am
eager to undertake.
I will be happy to respond to any questions which the members of
the Gjrnnittee nay have.
U.S. Envi-ri-iiT-inj-itr>i_ p-r-ot°"tio:
Libra""1", ^--ir- °'^i PM-211-A
401 M Street, S.W.
Washington, DC 20460
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