Stan Meiburg, the Environmental Protection Agency’s acting deputy administrator, may be serving in conflict with the Vacancies Reform Act, according to a letter sent by Sen. Jim Inhofe (R-Okla.) to EPA Administration Gina McCarthy Tuesday. “Generally under the Vacancies Reform Act, a vacant position requiring Senate confirmation may be filled on a temporary basis for only 210 days from the date when the vacancy arose and only by certain, qualified officials,” Inhofe wrote. “It is unclear that Mr. Meiburg is eligible to serve as both the nominee for the Deputy Administrator position while also continuing to serve as Acting Deputy Administrator.”
Meiburg, a former deputy regional administer, came out of retirement in October 2014 to fill the acting deputy administrator position. In January 2015, President Obama officially nominated Meiburg to the position, and he has been serving as acting deputy administrator while his nomination is pending since that time. “It was not until December 18, 2015, that Mr. Meiburg submitted his completed nomination paperwork to the U.S. Senate Committee on Environment and Public Works (EPW),” the letter says. This is of course well beyond the 210 days allowable under the Vacancies Reform Act.
Inhofe has requested that EPA provide: a copy of Meiburg’s position description, including job title, salary level, and summary of duties and responsibilities at the time of his re-hiring and appointment as acting deputy administrator; a list of official actions Mr. Meiburg has taken in his capacity as acting deputy administrator; an explanation of whether EPA believes Mr. Meiburg is serving as Acting Deputy Administrator pursuant to the Vacancies Reform Act; a written explanation of why EPA believes Mr. Meiburg is eligible to serve as acting deputy administrator while his nomination for the deputy administrator position is being considered by the EPW Committee; and a copy of the position description for the associate deputy administrator position.
