Statement of Senator Wayne Allard
Nomination Hearing of Nikki Tinsley
July 15, 1998

Thank you Mr. Chairman, I would like to welcome Ms. Tinsley to our Committee and thank her for her commitment to public service. I believe Ms. Tinsley will do a good job as Inspector General at EPA and hope that she won't be shy about coming to this Committee or to its individual members with her findings. Also, I think it will be helpful to EPA for a Coloradan to be overseeing their actions.

I met with Ms. Tinsley yesterday and discussed with her the areas where perhaps some work by the IG would be helpful, I would like to put them on the record;

Environmental Justice --- On February 11, 1994 President Clinton signed Executive Order 12898 that ordered federal agencies to, "make achieving environmental justice part of [their] mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs policies, and activities on minority populations and low-income populations in the United States". Within this Order were certain quantifiable benchmarks that perhaps the IG should examine to see if they were met. Further, perhaps a look at whether the Order is being faithfully executed by federal agencies would be appropriate.

2) Federal Facilities - In general, perhaps further work on whether federal facilities are complying with federal and state laws should be examined. As Senator Wyden and I argued during Superfund markup, there appears to be two standards of enforcement in this country, one for those who live near private polluters and a lower standard for those who live near federal polluters. I believe the federal government is the largest polluter in America. Our environmental laws should be enforced against them.

And finally;

3) I was pleased to hear that Ms. Tinsley is interested in examining outcomes with respect to agency actions as well as examining procedure. In that vein, I think she should look at EPA's policy with respect to state audit laws. I believe EPA has decided they do not like audits because it runs against their enforcement culture, even though in Colorado audits have proven to be beneficial to the environment. If Ms. Tinsley wants to examine environmental outcomes and not merely procedure she should examine EPA's policy in this regard.

I finally want to encourage Ms. Tinsley to keep in mind that EPA is the self proclaimed "environmental cop on the beat" and that needs to be the standard they are held to when examining their actions. This is particularly true with respect to federal facilities. This administration has a shameful record with respect to enforcement against federal agencies. Ms. Browner's position against the Federal Facilities language Senator Wyden and I had attached to Superfund legislation earlier this year is nothing short of a double standard. I hope you use your position to point out where laws are not applied equally.

Thank you Mr. Chairman.