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S. HRG. 107-1003

OFFICE OF THE OMBUDSMAN AT THE

ENVIRONMENTAL PROTECTION AGENCY NGSS

HEARING

BEFORE THE

COMMITTEE ON

SEP 24.2004

TRANCE

ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

ON

S. 606

A BILL TO PROVIDE ADDITIONAL AUTHORITY TO THE OFFICE OF
OMBUDSMAN OF THE ENVIRONMENTAL PROTECTION AGENCY

JUNE 25, 2002

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

83-699 PDF

U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON: 2004

For sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800
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Clinton, Hon. Hillary Rodham, U.S. Senator from the State of New York
Crapo, Hon. Michael D., U.S. Senator from the State of Idaho
Jeffords, Hon. James M., U.S. Senator from the State of Vermont
Specter, Hon. Arlen, U.S. Senator from the Commonwealth of Pennsylvania

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76

Tinsley, Nikki, Inspector General, U.S. Environmental Protection Agency
Brief, Mary Mosley v. Christine Todd Whitman

12

55-58

ADDITIONAL MATERIAL

Huysman, Kristen, Environmental Law Society, Vermont Law School
Koke, Cindy, Denver, CO

104

101

Devine, Tom, Government Accountability Project

106

(III)

Page

Reports-Continued
American Bar Association, Section of Administrative Law and Regulatory
Practice, Section of Dispute Resolution, Section of Business Law, Sec-
tion of State and Local Government Law, Government and Public Sec-
tor Lawyers Division, Senior Lawyers Division, Commission on the
Legal Problems of the Elderly, National Conference of Administrative
Law Judges, Standing Committee on Environmental Law.............
Statements:

Hardy, Rogers and Antonia M., Harrison, ID

Hodge, Lucinda, director, Alberton Community Coalition for Environ-
mental Health, Missoula, MT

Miller, Barbara, Siler Valley People's Action Coalition, Kellog, ID
Scholl, Ron, Missoula, MT

Smedley, William A., executive director, GreenWatch, Inc.; board mem-
ber, Pennsylvania Environment Network; chairman Legal Committee,
AIR

Text of Bill, S. 606, A bill to provide additional authority to the Office of Ombudsman of the Environmental Protection Agency

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122-129

OFFICE OF THE OMBUDSMAN AT THE
ENVIRONMENTAL PROTECTION AGENCY

TUESDAY, JUNE 25, 2002

U.S. SENATE,

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS,

Washington, DC.

The committee met, pursuant to notice, at 9:38 a.m. in room 406, Senate Dirksen Building, Hon. James Jeffords (chairman of the committee) presiding.

Present: Senators Jeffords, Carper, Clinton, Crapo and Specter.

OPENING STATEMENT OF HON. JAMES M. JEFFORDS, U.S. SENATOR FROM THE STATE OF VERMONT Senator JEFFORDS. The hearing will come to order.

The purpose of today's hearing is to examine the functioning of the EPA's Office of the Ombudsman. While this may be a littleknown office within the EPA, historically it has played an important role looking into the Agency's handling of hazardous waste sites under the Superfund program. It is clear to me that the Agency needs an independent and credible and impartial ombudsman that will respond to the needs of communities coping with complicated and somewhat life-threatening environmental problems.

I, for one, do not want another GAO study in 9 months that again finds that the ombudsman does not have sufficient independence. Last April, the EPA transferred the ombudsman to the Office of Inspector General. In reviewing the testimony of today's witnesses, it is clear that this action has generated considerable concern. Í hope that the Inspector General will detail the operating plans for the ombudsman office and will let the committee know when the office will be publicly posted and fully staffed.

Most of you know the authorizing statute governing the activities of the ombudsman expired some time ago. Senator Crapo has introduced a bill that Senators Specter and Allard and others have, that would require the ombudsman to report directly to the Administrator of the EPA. I hope all the witnesses will give us their comments on this piece of legislation.

As a reminder, I would request that the witnesses keep their oral remarks to 5 minutes so that we can have time for questions and answers from each panel. Each of the witness' written testimony will be placed in the record and the record will be left open for following questions and additional testimony.

[The prepared statement of Senator Jeffords follows:] (1)

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