    [Senate Hearing 117-89]
    [From the U.S. Government Publishing Office]

                                                             S. Hrg. 117-89

                        HEARING ON THE NOMINATIONS OF STEPHEN
                      A. OWENS, JENNIFER BETH SASS, AND SYLVIA
                      E. JOHNSON TO BE MEMBERS OF THE U.S.
                      CHEMICAL SAFETY AND HAZARD INVESTIGA-
                      TIONS BOARD

    =======================================================================

                                    HEARING

                                   BEFORE THE

                    SUBCOMMITTEE ON CHEMICAL SAFETY, WASTE
                    MANAGEMENT, ENVIRONMENTAL JUSTICE AND
                              REGULATORY OVERSIGHT

                                     OF THE

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS
                              UNITED STATES SENATE

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                 JULY 29, 2021

                                   __________

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

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

            Available via the World Wide Web: http://www.govinfo.gov

                                  __________

                        U.S. GOVERNMENT PUBLISHING OFFICE
    45-946 PDF                 WASHINGTON : 2021

    -----------------------------------------------------------------------------------

                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                        ONE HUNDRED SEVENTEENTH CONGRESS
                                 FIRST SESSION

                      THOMAS R. CARPER, Delaware, Chairman
    BENJAMIN L. CARDIN, Maryland         SHELLEY MOORE CAPITO, West
    BERNARD SANDERS, Vermont                 Virginia,
    SHELDON WHITEHOUSE, Rhode Island         Ranking Member
    JEFF MERKLEY, Oregon                 JAMES M. INHOFE, Oklahoma
    EDWARD J. MARKEY, Massachusetts      KEVIN CRAMER, North Dakota
    TAMMY DUCKWORTH, Illinois            CYNTHIA M. LUMMIS, Wyoming
    DEBBIE STABENOW, Michigan            RICHARD SHELBY, Alabama
    MARK KELLY, Arizona                  JOHN BOOZMAN, Arkansas
    ALEX PADILLA, California             ROGER WICKER, Mississippi
                                         DAN SULLIVAN, Alaska
                                         JONI ERNST, Iowa
                                         LINDSEY O. GRAHAM, South Carolina

                 Mary Frances Repko, Democratic Staff Director
                   Adam Tomlinson, Republican Staff Director

                                  ----------

       Subcommittee on Chemical Safety, Waste Management, Environmental
                        Justice and Regulatory Oversight

                         JEFF MERKLEY, Oregon, Chairman
    BERNARD SANDERS, Vermont             ROGER WICKER, Mississippi, Ranking
    EDWARD J. MARKELY, Massachussetts        Member
    MARK KELLY, Arizona                  RICHARD SHELBY, Alabama
    ALEX PADILLA, California             DON SULLIVAN, Alaska
    THOMAS R. CARPER, Delaware (ex       JONI ERNST, Iowa
        officio)                         LINDSEY O. GRAHAM, South Carolina
                                         SHELLEY MOORE CAPITO, West
                                             Virginia (ex officio)

                                C O N T E N T S

                                  ----------
                                                                       Page

                                 JULY 29, 2021
                               OPENING STATEMENTS

    Merkley, Hon. Jeff, U.S. Senator from the State of Oregon........     1
    Wicker, Hon. Roger A., U.S. Senator from the State of Mississippi     2

                                   WITNESSES

    Sass, Jennifer Beth, Nominee to be a Member of the U.S. Chemical
      Safety and Hazard Investigations Board.........................     4
        Prepared statement...........................................     7
        Responses to additional questions from:
            Senator Markey...........................................     9
            Senator Capito...........................................    10
    Johnson, Sylvia E., Ph.D., Nominee to be a Member of the U.S.
      Chemical Safety and Hazard Investigation Board.................    17
        Prepared statement...........................................    19
        Responses to additional questions from:
            Senator Markey...........................................    21
            Senator Capito...........................................    22
    Owens, Stephen A., Nominee to be a Member of the U.S. Chemical
      Safety and Hazard Investigations Board.........................    25
        Prepared statement...........................................    27
        Responses to additional questions from:
            Senator Markey...........................................    31
            Senator Capito...........................................    32

                              ADDITIONAL MATERIAL

    American Chemistry Council.......................................    45
    Letter of concern from 22 labor, environmental, community, and
      scientific organizations.......................................    47
    Letter support for the nomination of Dr. Jeninifer Sass to the
      U.S. Chemical Safety and Hazard Investigatioin Board...........    63

    HEARING ON THE NOMINATIONS OF STEPHEN A. OWENS, JENNIFER BETH SASS, AND
    SYLVIA E. JOHNSON TO BE MEMBERS OF THE U.S. CHEMICAL SAFETY AND HAZARD
                              INVESTIGATIONS BOARD

                                  ----------

                            THURSDAY, JULY 29, 2021

                                   U.S. Senate,
             Committee on Environment and Public Works,
            Subcommittee on Chemical Safety, Waste Management,
                                                 Environmental
                              Justice and Regulatory Oversight,
                                                        Washington, DC.
        U.S. Senate Committee on Environment and Public Works
    Subcommittee on Chemical Safety, Waste Management,
    Environmental Justice, and Regulatory Oversight Washington, DC.
        The committee, met, pursuant to notice, at 10:06 a.m., in
    room 406, Dirksen Senate Office Building, Hon. Jeff Merkley
    (chairman of the subcommittee) presiding.
        Present: Senators Merkley, Wicker, Kelly, Capito, Ernst.

                OPENING STATEMENT OF HON. JEFF MERKLEY,
                 U.S. SENATOR FROM THE STATE OF OREGON

        Senator Merkley. Welcome, everybody. We now open the
    hearing of the Subcommittee on Chemical Safety, Waste
    Management, Environmental Justice, and Regulatory Oversight of
    the Senate Environment and Public Works Committee.
        Welcome to today's hearing. We are here to examine the
    qualifications of three individuals nominated to serve as
    members of the U.S. Chemical Safety and Hazard Investigations
    Board, or better known as CSB. The CSB was created as part of
    the Clean Air Amendments Act of 1990 and became operational 8
    years later in 1998.
        For over the last two decades, the CSB has been tasked with
    investigating the root causes of industrial chemical accidents
    at fixed industrial facilities. The CSB then offers
    recommendations to facilities, to local and State governments,
    regulatory agencies, industry organizations, and labor groups
    on how to prevent future accidents. The result is improved
    chemical safety at these facilities.
        The CSB has investigated a broad array of accidents: fires
    at chemical plants, a steam explosion of a 2,000-pound hot
    water storage tank that launched the storage tank like a rocket
    through the roof, and unfortunately killed an employee and
    critically injured another. The CSB has investigated the 2010
    explosion of the BP Deepwater Horizon rig in the Gulf of
    Mexico, which killed 11 workers and created the largest oil
    spill in American history. It has investigated the 2013
    explosion at a Texas fertilizer plant that killed 15 and
    injured more than 200.
        While the CSB may not be as well-known as other agencies
    like the Environmental Protection Agency, it plays a critical
    role in the health and well-being of our ecosystem and our
    industrial enterprises. People's lives depend on the Board's
    ability to do its job by making appropriate and timely
    recommendations, which is why it is unfortunate that over the
    past few years, the CSB has not been fully equipped to carry
    out its mission.
        Every year, roughly 200 incidents occur that the Chemical
    Safety Board considers investigating, but it only has enough
    staff and funding to investigate a handful. It is understaffed
    currently, with about 20 investigative positions, but only
    about a dozen of them filled. It has the largest backlog in
    investigations than it has had in the last 5 years.
        It has more than 100 open safety recommendations that have
    not been finalized. If they are not finalized, they are not
    passed on. If they are not passed on, they are not considered.
    If they are not considered, they are not acted on. If they are
    not acted on, the odds of additional accidents goes way up, and
    people get maimed, and people die. The Board's work needs to be
    able to go forward in an efficient and effective manner.
        One of the challenges is it only has one Board member right
    now instead of five. Well, we are here to help address that
    today, and I so much appreciate the three of you stepping
    forward to bring your expertise to this task. It is important
    that the Board have a sufficient number of members to act, that
    it has the staff of inspectors and other positions to do its
    job in protecting our lives.
        Earlier this year, Senator Klobuchar and I wrote to the
    Biden Administration, calling on them to fill these vacancies
    as a significant priority in protecting Americans, and so thank
    you to the Administration for proceeding to do so.
        The nominees each bring with them a unique experience, life
    experience, work experience that will help guide the CSB in its
    work. Its work with local communities, with local governments,
    with other agencies, and with the scientific and chemical
    experts. The goal, of course, is getting the best possible
    recommendations.
        The CSB does not write rules. It does not write
    regulations. It provides the nonpartisan, professionally
    developed scientifically informed recommendations for those
    agencies and companies to consider, so this is a really
    important role.
        I would like to turn to my colleague, Senator Wicker, for
    any opening statement he would like to make.

              OPENING STATEMENT OF HON. ROGER F. WICKER,
               U.S. SENATOR FROM THE STATE OF MISSISSIPPI

        Senator Wicker. Thank you, Chairman Merkley, and I
    appreciate your calling today's subcommittee hearing.
        I want to welcome our three witnesses today. They all have
    been nominated to be members of the Chemical Safety and Hazard
    Investigation Board, or CSB. I appreciate their willingness to
    serve.
        The CSB is an independent, non-regulatory agency charged
    with investigating the root causes of chemical accidents at
    industrial facilities. That is what they do. Congress created
    the CSB to investigate accidents, understand what went wrong,
    and help prevent them from happening again. This investigative
    work is vital for the safety of our Nation's facilities and our
    communities.
        Since becoming operational in 1998, the CBS has
    investigated three accidents that occurred in Mississippi, a
    2002 explosion that injured three workers, a 2006 explosion
    that killed three contractors and seriously injured another,
    and fortunately, one in 2016 did not result in injuries or
    fatalities.
        The CSB works to investigate these types of incidents in
    order to prevent them from happening again. The work is
    important and can save lives. It is therefore critical that the
    Board be filled with chemical process safety experts. Today's
    hearing presents an opportunity to hear from each of them about
    their qualifications for this supportive role.
        I would note, earlier this week, the American Chemistry
    Council sent a letter expressing concern that ``None of the
    nominees has the necessary experience or expertise to meet its
    mission.'' That is a direct quote. This committee has long held
    a high standard for these positions.
        As a matter of fact, at a previous hearing, in a question
    for the record, my colleague and friend Senator Cardin asked
    the following of a past CSB nominee who was considered by this
    committee: ``You do not appear to have the relevant private
    sector experience in chemical safety processes. What specific
    knowledge do you bring to this position that is directly
    relevant to the subject matters that the Chemical Safety Board
    considers?''
        That was a quote from our Democratic colleague from
    Maryland, Senator Cardin. I think that is a question worth
    asking each nominee today, and I look forward to getting to
    know more about their experiences.
        Thank you, Mr. Chairman.
        Senator Merkley. Thank you, Ranking Member Wicker.
        I would like to now introduce our nominees.
        Dr. Jennifer Sass is a Senior Scientist at the Natural
    Resources Defense Council, where she has served since 2001.
    Since 2008, she has served as part-time faculty at the George
    Washington Milken School of Public Health. Much of Dr. Sass's
    work is focused on understanding and explaining the science
    behind toxic chemical regulation and advocating for regulations
    that are consistent with science, health policy, and
    environmental law.
        She frequently provides testimony in scientific briefings
    for Members of Congress, as well as Federal advisory
    committees, and is a lecturer at George Washington University's
    Department of Environmental and Occupational Health. Dr. Sass
    was a Board Member of the National Toxicology Program Board of
    Scientific Councilors. She holds multiple degrees from the
    University of Saskatchewan College of Medicine and a post-
    doctoral certificate from the University of Maryland College of
    Medicine.
        Dr. Sylvia Johnson currently works for the National
    Education Association in the Government Relations Department,
    where she leads her legislative work on safe reopening of
    schools. Previously, she served as Assistant Director of
    Legislative Affairs for UAW, the International Union, United
    Automobile, Aerospace, and Agricultural Implement Workers of
    America. We just prefer to call them UAW.
        Prior to working in the legislative department, Dr. Johnson
    worked as an occupational epidemiologist where, in addition to
    her work on work-related health studies, she conducted hazard
    assessments and investigated incidents involving the death of
    workers due to either chemical biological, or physical
    exposures. Dr. Johnson graduated from Fayetteville State
    University with a Bachelor of Arts degree in Geography and
    double minors in mathematics and physics. She earned a Master
    of Science from Virginia Commonwealth University in biomedical
    engineering and a Ph.D. from Old Dominion University in urban
    health services research.
        I will now turn to Senator Kelly, who is not here, so I
    will introduce our third individual.
        Steve Owens is an attorney with Squire Patton Boggs, LLP in
    Phoenix, Arizona, where he focuses on environmental safety and
    health issues. From 2009 to 2011, Steve served as the U.S.
    Environmental Protection Agency Assistance Administrator for
    the Office of Chemical Safety and Pollution Prevention. As the
    Assistant Administrator for OCSPP, Steve was responsible for
    managing EPA's regulatory programs on chemicals and pesticides
    under the Toxic Substances Control Act, known here as TSCA.
        Prior to joining EPA, Owens was Director of the Arizona
    Department of Environmental Quality from 2003 to 2009, where he
    made addressing climate change, protecting children's
    environmental health, and working closely with Arizona's tribal
    nations top priorities. Mr. Owens graduated with honors from
    Brown University in 1978 and received his law degree in 1981
    from Vanderbilt Law School, where he was Editor in Chief of the
    Vanderbilt Law Review.
        Mr. Owens served as council to the Subcommittee on
    Investigations and Oversight of the U.S. House Committee on
    Science and Technology. During 1985 to 1988, Mr. Owens was
    Chief Council and later, State Director for then-U.S. Senator
    Al Gore. From 1999 to 2002, Mr. Owens served as a member of the
    Joint Public Advisory Committee of the North American
    Commission on Environmental Cooperation.
        He is a former member of EPA's Clean Air Act Advisory
    Committee and EPA's Children's Health Protection Advisory
    Committee, as well as a former President of the Environmental
    Council of the States, the National Association of State
    Environmental State Directors.
        Welcome to each of you, and we will now hear from the
    nominees themselves. I think, checking with my team, are we
    asking for 5 minutes of presentation? If you go a little bit
    long, I will kind of suggest you wrap it up. Thank you.
        So, let us start with Ms. Sass.

    STATEMENT OF JENNIFER BETH SASS, NOMINEE TO BE A MEMBER OF THE
          U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATIONS BOARD

        Ms. Sass. Thank you, Senator.
        Chairman Merkley, Ranking Member Wicker, members of the
    subcommittee, thank you for your consideration of my nomination
    for the U.S. Chemical Safety and Hazard Investigation Board. I
    am honored to be nominated by President Biden and, should I be
    confirmed, to have the opportunity to take up public service as
    a member of the Board.
        With me today are my son, Nathan, and his girlfriend,
    Christina, both now living in California, and my husband,
    Michael.
        My father, who lives in Canada, served in the U.S.
    military, as did all his brothers and then went on to graduate
    studies at Cornell University in the field of occupational
    health and safety, and eventually into government health and
    safety work. I credit my parents with instilling in my brother
    and me a strong work ethic, integrity, and commitment to public
    services. My parents, family, and friends are tuning in to
    these proceedings via webcast.
        I am a senior scientist at the Natural Resources Defense
    Council, where, for the past two decades, I have worked to
    advance policies and practices to better protect the health and
    safety of American families in all the places that they live,
    learn, work, and play. I provide policy strategy, scientific
    review, and oversight of materials generated for our work to
    characterize the potential impacts of chemicals on human health
    and the environment.
        My work informs decisionmakers and stakeholders, including
    chemical manufacturers, product manufacturers, and other
    downstream businesses that use chemicals: retailers, academic
    researchers, doctors and other health care workers, outdoor
    fishing, hunting, and recreation enthusiasts, and others.
        On an almost daily basis, I engage in some form of risk
    analysis. I help formulate environmental health strategies. I
    work to build successful networks and partnerships across
    diverse stakeholders and interests.
        I also have a part-time faculty position at George
    Washington University in the Department of Environmental and
    Occupational Health, where I teach graduate-level science
    policy classes. Last year, I was awarded a departmental
    commendation for teaching excellence. In addition to academic
    teaching, I provide scientific peer review for numerous
    professional journals and have published over 50 articles in
    scientific journals.
        As a science policy expert, I have served on Federal
    science advisory committees, including the National Toxicology
    Program's Board of Science Councilors and also a member of the
    President's Council of Advisors on Science and Technology on
    the working group to evaluate the Federal nanotechnology
    strategy. My time on these committees has established effective
    working relationships with experts from government, academia,
    and the private sector, always based on honest, respectful
    engagement, open communication, and transparent information
    sharing.
        The Chemical Safety and Hazard Investigation Board is both
    a scientific and a policy agency. The role of the agency is to
    make effective recommendations to prevent future similar
    incidences. It must gather all relevant information from the
    facility under investigation, from industry and trade
    associations, from subject matter experts, from the community,
    workers, government agencies, elected officials, and others. To
    be successful, the Board needs to maintain positive
    relationships with all stakeholders to ensure that accurate,
    timely information is effectively gathered and shared.
        Congress has made it clear that the Chemical Safety and
    Hazard Investigation Board has bipartisan support when it
    functions well and accomplishes its mandate to deliver timely
    reports and meaningful recommendations that support prevention
    strategies.
        I am confident that I will be successful in carrying out my
    duties as a member of the Board to support its mission, should
    you deem me worthy of the task.
        Thank you.
        [The prepared statement of Ms. Sass follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Merkley. Thank you very much.
        Ms. Johnson.

     STATEMENT OF SYLVIA E. JOHNSON, PH.D., NOMINEE TO BE A MEMBER
       OF THE U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

        Ms. Johnson. Chairman Merkley, Ranking Member Wicker, and
    members of the subcommittee, I am Sylvia Johnson, and I would
    first like to thank you for the opportunity to appear before
    you for my nomination by the President to the U.S. Chemical
    Safety and Hazard Investigation Board.
        Family with me here today, I have my big brother Anthony,
    who is a retired Air Force veteran after serving 29 years. He
    retired at the top of the ranks for enlisted members as a Chief
    Master Sargent. I also have my cousin Tamra Louis, who is an
    Army veteran. My other two brothers and numerous family and
    friends are joining via livestream.
        I grew up in rural North Carolina, raised by my parents,
    Herbert and Annie Johnson, who believed in the dignity of hard
    work and instilled in me the same. Although they did not have
    the opportunity to go to college, they understood the value of
    education and ensured that we could graduate from college and
    pursue our goals.
        My parents are deceased now, but their influence on me is
    indelible. My mother worked in a shirt factory, and I remember
    her coming home covered in cotton dust every day.
    Unfortunately, she became ill and had to quit her job.
        I remember her sleeping in a chair due to a debilitating
    lung condition that made breathing difficult. Watching my
    mother suffer and witnessing her death at the age of 61 left me
    wishing that her work environment had been safer.
        There were no Federal protections, regulations, or even
    recommendations during her time at the factory. My mother's
    experience inspired me to search for answers, become an
    occupational epidemiologist, and endeavor to make factory
    working conditions safer for all workers.
        Passion for public service is as deeply ingrained in me as
    my passion for science. My dad exemplified service to family,
    community, and Country. He served in the military during the
    Korean War in a segregated Army, but that did not diminish his
    pride in having served. After leaving the Army, for the next
    60-plus years, he was a small business owner, first in logging
    and then in trucking.
        He also served as a County Commissioner in Bladen County,
    North Caroline for 12 years and was Chairman of the Board
    during his final term. My dad's dedication to community and
    Country continue to motivate me to improve the lives of others.
        I am honored and humbled to be nominated. If confirmed, I
    will be guided by the principles that have defined my training
    and career: improving and protecting public health and safety
    for all people.
        My work in this area spans more than two decades, starting
    with earning a Master of Science degree in biomedical
    engineering with a concentration in industrial hygiene. As a
    doctoral student, I researched the health effects of lead
    poisoning in young children.
        My professional experience includes investigating
    industrial manufacturing accidents, hazard recognition and
    mitigation, and understanding the connections between
    government agencies and health and safety.
        As an Occupational Epidemiologist in the Health and Safety
    Department for the United Auto Workers, I conducted workplace
    hazard assessments and investigated incidents involving worker
    deaths due to chemical, biological, and physical exposures. I
    have sat with grieving worker who lost a colleague to an
    industrial accident, and it is a gut-wrenching experience. In
    every hazard investigation I led, I worked with management to
    fix unsafe conditions so that employees were protected and the
    work continued.
        I have worked on legislative efforts to assist those who
    were sickened by contaminated drinking water in Flint,
    Michigan. Given that my doctoral dissertation research was
    focused on childhood lead poisoning, I was all too familiar
    with the health risks of lead poisoning and how the government
    could assist in addressing the crisis.
        Most recently, as a legislative representative with the
    National Education Association, I am part of a health and
    safety team focused on keeping educators and their students
    safe at school.
        Health and safety issues remain a tenet of my career in
    legislation and advocacy. For me, promoting adequate funding
    for OSHA and EPA is paramount.
        If confirmed to the CSB, I dedicate myself to its mission
    to drive chemical safety change through independent
    investigations to protect people and the environment. This
    aligns with my personal calling and is a tribute to what I
    learned from my parents. Workplaces must be safe and healthy,
    and service to others is a privilege and an obligation.
        Thank you again for this opportunity, and I look forward to
    answering your questions.
        [The prepared statement of Ms. Johnson follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Merkley. Thank you, Dr. Johnson.
        Mr. Owens.

     STATEMENT OF STEPHEN A. OWENS, NOMINEE TO BE A MEMBER OF THE
          U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATIONS BOARD

        Mr. Owens. Thank you, Senator Merkley, Ranking Member
    Wicker, and members of the subcommittee.
        If I may, at the beginning, introduce a couple of members
    of my family that are here with me, my wife Karen Owens, who is
    there, along with our son, Ben Owens. Our other son, John
    Owens, lives in Arizona and, unfortunately, couldn't be with us
    here today in person, but he is with us in spirit.
        I want to thank you for holding this hearing and for giving
    me the opportunity to be here. I am extremely honored to be
    nominated by President Biden to be a member of the Chemical
    Safety and Hazard Investigation Board.
        The Chemical Safety Board is a small agency, but it has a
    very big and very important mission: conduct investigations and
    make recommendations that help ensure that chemical facilities
    are operated safely and that the people who work in them and
    the families who live near them are protected from chemical
    disasters.
        I grew up in a poor family in Memphis, Tennessee, and I was
    talking with Senator Wicker about earlier. We lived in public
    housing for a time when I was young, and I had part-time jobs
    to help make ends meet.
        I worked my way through college and law school with the
    help of work-study jobs and student loans. I was fortunate to
    be admitted to Brown University, where I graduated with honors,
    and then attended Vanderbilt Law School, where I was Editor in
    Chief of the Vanderbilt Law Review.
        I am currently an attorney in Phoenix, Arizona, where I
    practice environmental, safety, and health law. My practice
    includes issues and regulations relating to chemical safety,
    safe chemical practices, and the production, management, and
    safe use of chemicals at facilities.
        I have always had a deep commitment to public service.
    During the Obama-Biden Administration, I served as the
    Assistant Administrator of the U.S. Environmental Protection
    Agency in charge of the Office of Chemical Safety and Pollution
    Prevention. As Assistant Administrator, I oversaw EPA's
    chemical regulatory programs, including implementation of the
    Toxic Substances Control Act, the primary Federal law
    regulating the chemical industry in this Country.
        Our mission at EPA was to ensure the safety of chemicals,
    the safe production and use of chemicals, and the reduction of
    risk from chemicals to children, families, consumers, workers,
    and other vulnerable populations. Among our efforts, we
    prepared Action Plans on priority chemicals, issued new rules
    to limit risks from existing chemicals, and required testing on
    high-risk chemicals.
        We launched the Chemical Data Reporting Rule, which
    requires chemical manufacturers to provide more detailed and
    more comprehensive data on their chemicals. We also developed a
    framework for prioritizing chemicals for evaluation, which led
    to EPA's chemical ``work plan'' that was incorporated into the
    2016 amendments to the Toxic Substances Control Act by this
    Congress.
        We also increased transparency for chemical information and
    expanded public access to health and safety data on chemicals.
    We began the effort to reduce unnecessary confidentiality
    claims and declassify information where confidentiality is no
    longer warranted. We made the TSCA Inventory available to the
    public online and created a searchable data base that gives the
    public access to thousands of health and safety studies and
    other chemical information that has been submitted to EPA.
        We also worked with tribal leaders to establish the
    National Tribal Toxics Council to expand safer chemical
    initiatives in Indian Country and address unique chemical
    exposures on tribal lands and Alaska Native villages.
        Before joining EPA, I served as Director of the Arizona
    Department of Environmental Quality, where I guided the
    department's efforts on chemical safety and its role in
    responding to chemical hazards and other emergency situations.
    I made protecting children's health and reducing children's
    exposure to toxic pollutants a top priority, and we worked very
    closely with Arizona's tribal leadership to reduce toxic
    exposures on reservation lands in our State.
        We increased the department's emergency response
    capabilities and activities. We placed a high priority on
    providing immediate localized air quality monitoring, data
    collection and emergency response support wherever there was a
    fire, explosion, or other episode at a facility where chemicals
    were present in order to protect the health and safety of the
    surrounding community and of the first responders.
        We also worked closely with Arizona's law enforcement and
    homeland security officials to ensure the security of critical
    infrastructure in our State, including potentially at-risk
    chemical facilities, and I served on the Executive Oversight
    Committee of the Arizona Counter-Terrorism Information Center.
        My experiences have underscored for me the importance of
    following the facts, the law, and the science in addressing
    chemical risks and ensuring the safety of chemical facilities.
    If I am privileged to serve on the Chemical Safety Board, I
    pledge to do just that.
        Thank you again for the opportunity to be here, Senators,
    and I look forward to answering any questions you may have.
        [The prepared statement of Mr. Owens follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Merkley. Thank you very much, Mr. Owens.
        Welcome to all the family members who have traveled to be
    with us here today.
        In initiating the questioning, we are going to start with
    three yes or no questions that are asked of all nominees that
    appear before us, and so I will just ask the question, and work
    my way across: Mr. Owens, Dr. Sass, Dr. Johnson, in that order,
    through these three questions.
        Do you agree, if confirmed, to appear before this committee
    or designated members of this committee and other appropriate
    committees of Congress and provide information subject to
    appropriate and necessary, with respect to your
    responsibilities? Mr. Owens?
        Mr. Owens. Yes, Senator.
        Senator Merkley. Dr. Sass?
        Ms. Sass. Yes, Senator.
        Senator Merkley. Dr. Johnson?
        Ms. Johnson. Yes, Senator.
        Senator Merkley. Do you agree to ensure that testimony,
    briefings, and documents, and electronic and other forms of
    communication of information are provided to this committee and
    its staff and other appropriate committees in a timely manner?
    Mr. Owens?
        Mr. Owens. Yes, Senator.
        Ms. Sass. Yes, Senator.
        Ms. Johnson. Yes, Senator.
        Senator Merkley. Perhaps most importantly, do you know of
    any matters which you may or may not have disclosed that might
    place you in a conflict of interest if you are confirmed?
        Mr. Owens. No, Senator.
        Ms. Sass. No, Senator.
        Ms. Johnson. No, Senator.
        Senator Merkley. OK.
        We will now begin the first round of questions. I want to
    start with addressing the question of transparency with the
    public. To all nominees, what would you do as a CSB Board
    member to ensure that CSB is transparent to the public and
    provides adequate opportunities for public engagement? Who
    would like to jump in first?
        Mr. Owens. Senator, I will be happy to go first.
        Senator, thank you for that question. As I indicated in my
    opening statement, I have had a lot of experience in providing
    transparency to information. At EPA, we established a new
    Chemical Data Reporting Rule, which requires more information
    to be parted to the public. We created an online data base that
    is searchable, so the public can have access to health and
    safety studies, and I think that one of the keys to any
    effective agency is transparency and accountability.
        If I am privileged to serve on the Chemical Safety Board,
    we will work with the staff to identify ways in which more
    information can be made available to the public, more
    communication with the public, as well as the stakeholders and
    industry groups, so that the operations of the Board can be
    better understood and become more effective.
        Senator Merkley. Thank you.
        Do either of you, Dr. Sass or Dr. Johnson, anything you
    would like to add to that?
        Dr. Sass. Thank you, Senator, for that question. I will
    only add that transparency is different for different
    stakeholders. There are different ways to communicate with
    different stakeholders. So we would need to be sensitive to all
    those. I would commit to getting briefed on all the different
    ways that the Chemical Safety Board has to reach out and work
    to try and improve transparency where possible. Thank you for
    that question.
        Senator Merkley. And Dr. Johnson, I will amend the question
    a little bit, because there is another piece of it I wanted to
    touch on. But in a situation where an accident involves a
    community, maybe it is, for example, an explosion at a
    fertilizer plant that affects a community, is there any
    particular way that the CSB should make sure that the community
    itself has a chance to share their perspectives and
    information?
        Ms. Johnson. Thank you, Senator, for the question.
        Absolutely. I think that transparency has to be an integral
    part of what the CSB does. As Dr. Sass indicated, depending
    upon who the stakeholders are, obviously there would be a
    process by which that happens. But it would be imperative that
    the surrounding community have full transparency of what has
    happened and what we are going to do about it to protect them
    in the future. Part of the mission of the Chemical Safety Board
    is not only to protect the environment, but the public as well.
        Senator Merkley. Thank you very much, Dr. Johnson.
        I want to turn next to the issue of scientific integrity,
    and kind of non-partisan and immunity to political
    interference. What actions would you take to assure that the
    scientists, the investigators, who are also scientists, at the
    agency are free to conduct and communicate their research
    without political interference, and that scientific and
    technological findings are not suppressed or distorted at the
    CSB?
        Dr. Sass, would you like to begin on that?
        Ms. Sass. Thank you, Senator, for that question. Thank you
    for raising that issue because it is so important. The
    integrity of science is fundamental to earning the trust of the
    public and stakeholders. I would commit myself to being fully
    briefed. There are laws and rules and regulations that agencies
    have to follow, as well as practices. I would look forward,
    should I be confirmed, to getting fully briefed on those. Thank
    you.
        Senator Merkley. Dr. Johnson.
        Ms. Johnson. Thank you, Senator, for the question. In the
    event that you described, I would commit to, if I am confirmed
    to the Chemical Safety Board, to gather all of the data and be
    transparent, and exhibit the highest level of integrity.
    Because integrity is what drives me. I am also driven by data
    and science and numbers. So I commit to ensuring.
        Senator Merkley. Dr. Johnson, if you got a call from an
    Assistant Secretary who said, we want to do a big press release
    on such and such of an issue, so can you speed up the work and
    really modify the recommendation, your draft recommendation, to
    give us a little more political punch, what would your response
    be?
        Ms. Johnson. My response to that would be that I am driven
    by science and data and integrity and I would have to delve
    into what is going on and based on the findings and the facts,
    that would guide my decision on whether or not to release the
    information. I would be guided by facts.
        Senator Merkley. Thank you.
        Mr. Owens, would you be supportive of the CSB developing a
    scientific integrity policy?
        Mr. Owens. Yes, Senator. I would be. When I worked at EPA
    and also the Arizona Department of Environmental Quality, I had
    the privilege of working with many career-trained scientists. I
    am not a scientist myself. I learned that the best thing I
    could do as a manager and as a director of the office as well
    as an agency, is to give them the support and direction that
    they need, to stand by them when they are making their
    scientific decisions and ensure that they are focused on their
    mission and not worrying about outside interference.
        Senator Merkley. Thank you.
        Our Ranking Member, Senator Wicker.
        Senator Wicker. Thank you very much.
        Mr. Owens, you grew up in Memphis. Where did you go to high
    school?
        Mr. Owens. Messick High School, sir.
        Senator Wicker. That is about an hour and a half from where
    I grew up, in Pontotoc, Mississippi.
        Mr. Owens. Yes, sir. I know Pontotoc well.
        Senator Wicker. Dr. Johnson, you grew up in Bladen County?
        Ms. Johnson. Yes, Senator.
        Senator Wicker. Which town?
        Ms. Johnson. Elizabethtown, except I really grew up beside
    the road, because we didn't even have a traffic light. So I
    grew up in the suburbs of Elizabethtown.
        Senator Wicker. The outskirts, OK. That is two counties
    away from Wayne County, where I spent 4 years in the U.S. Air
    Force.
        Ms. Johnson. Yes.
        Senator Wicker. So I identify with at least two members of
    the panel here.
        Let's just ask, two groups that have concerns about your
    qualifications have spoken out, the American Chemistry Council
    and the Petrochemical Manufacturers have expressed concern
    about your qualifications. As I mentioned in my opening
    statement, they said the nominees do not have ``the necessary
    experience or expertise to meet its mission.''
        So let me start with you, Mr. Owens. In your practice, have
    you dealt with industrial accidents?
        Mr. Owens. Senator, thank you for the question. I have not
    dealt specifically with an industrial accident. I have done
    preventive work with clients to prevent industrial accidents.
    My practice includes advising a number of companies, both
    chemical manufacturers, chemical processors, and other large
    chemical users on ways to comply with existing regulations,
    including OSHA's process safety management standard, the
    Department of Homeland Security's counterterrorism facility
    standards and some of the other applicable regulations that EPA
    and other agencies comply with.
        So I have advised them on how to comply, how to avoid
    having accidents in the first place. I look forward to the
    opportunity to work with them, work with stakeholders if I am
    privileged to serve on the Chemical Safety Board.
        Senator Wicker. Is it your position that there are
    professional investigators on the staff that will be able to
    take care of the investigation?
        Mr. Owens. Thank you, Senator, for the question. Yes, sir,
    I believe that is the situation.
        As a member of the Board, I would view my responsibility to
    support the career staff there who are the trained
    investigators of the Chemical Safety Board to do the hands-on
    work and develop the recommendations and provide those up to
    the Board. We would evaluate those recommendations to ensure
    that they are practical and reasonable and can be put into
    effect.
        I would think that as a Board member, the best role is to
    provide that kind of support to the career technical staff who
    are trained engineers in many cases.
        Senator Wicker. OK.
        Dr. Johnson, let me give you a minute five, to answer. Have
    you ever interacted with the CSB in either your role at the NEA
    or the UAW?
        Ms. Johnson. Thank you, Senator, for the question. During
    my time at the NEA, I have not interacted with the CSB. During
    my time at the UAW, I did not interact with the CSB.
        Senator Wicker. Is the criticism of these two organizations
    fair, do you think?
        Ms. Johnson. In terms of?
        Senator Wicker. They have said that none of you are
    qualified based on experience, to serve on this Board.
        Ms. Johnson. I would say that that is not accurate in my
    case. During my time at the UAW as an epidemiologist, I worked
    with labor and management, I have investigated chemical
    accidents, I have trained workers on how to remain safe from
    chemicals, how to safely store chemicals.
        Senator Wicker. Were these accidents industrial accidents?
        Ms. Johnson. They were industrial accidents, yes.
        Senator Wicker. Where?
        Ms. Johnson. There was an industrial accident at a Chrysler
    plant in Kokomo, Indiana, where I had 95 workers who were sick
    from exposure to metalworking fluids. I worked on a study at a
    plant that is now closed that was in Huntsville, Alabama, with
    exposure to benzene.
        Senator Wicker. Perhaps you could supplement your answer
    since I only have 38 seconds.
        Dr. Sass, is the criticism about your qualifications
    unfounded?
        Ms. Sass. Senator, thank you for the question. Thank you
    for caring about the qualifications of the members of the
    Chemical Safety Board to carry out its mission to protect and
    prevent accidents and protect safety.
        The Chemical Safety Board has always enjoyed bipartisan
    support, because in Congress' wisdom it recognized that the
    CSB's mission was best achieved by a multidisciplinary Board.
    And it includes someone with my skill set. It is part of the
    description that Congress included when it described what a
    functioning Board would look like. I bring to that Board health
    and toxicology skills and science policy skills as well as a
    broad view that is required for a thorough Chemical Safety
    Board investigation and meaningful recommendations to all
    stakeholders.
        I commit to you to listening to all concerned stakeholders,
    including the private sector and its trade associations to
    support industry, the economy, jobs, and the communities that
    surround those industries and the health of those members of
    the communities and their families by having a working,
    functioning Chemical Safety Board staff and Board. Thank you.
        Senator Wicker. Thank you, ma'am. And thank you, Mr.
    Chairman.
        Senator Merkley. Thank you. We will turn to Senator Kelly.
        Senator Kelly. Thank you, Mr. Chairman.
        Mr. Owens, I want to again say how pleased I am to see an
    Arizonan nominated to serve on the CSB. I want to say thank you
    for your willingness to serve in this very important role.
        For those of you who don't know, Steve brings decades of
    experience working on issues in chemical safety and regulatory
    oversight to the Board from his time being, and this may have
    come up, leading the Arizona Department of Environmental
    Quality and then working on these issues at the EPA.
        Mr. Owens, I often talk on, at this committee, about how
    the regulatory and environmental challenges faced by Arizona
    often look different than those in other States. I am
    especially pleased that you are able to bring your perspective
    as a former Arizona regulator to this Board.
        Could you share how you plan to bring your experience
    working in Arizona to your time on the CSB?
        Mr. Owens. Thank you, Senator, for the question. It is good
    to see you again. I appreciate the opportunity to be here with
    you today.
        As the director of the Arizona Department of Environmental
    Quality, I oversaw the emergency response functions of the
    agency and the role that the agency had in responding to events
    such as a fire, explosion, or other episode at a chemical
    facility. We provided air quality monitoring information and
    collected the data that we needed. We worked with local law
    enforcement as well as plant officials and members of the
    surrounding community to ensure that members' families who
    lived near those facilities had the information they needed and
    that we took appropriate action as the State environmental
    protection agency where it was required.
        Senator Kelly. Thank you.
        I next want to ask all three nominees about the importance
    of the CSB's work to help communities prepare for emergency
    situations at chemical facilities. To date, CSB has conducted
    16 investigations and made 46 recommendations seeking to help
    industry, first responders, and regulators proactively plan for
    emergency situations at facilities where there is a lot of
    risk. Despite this work, too often local first responders,
    especially in rural and disadvantaged communities, still
    struggle when faced with chemical fires or similar emergency
    situations.
        What more do you believe CSB can do to engage local
    communities to ensure that recommendations made around
    emergency preparedness are understood and implemented? Why
    don't we start with Dr. Johnson?
        Ms. Johnson. Thank you, Senator, for the question.
        It is my belief that engaging stakeholders and keeping open
    lines of communication on a consistent basis is important to
    guide the work of the CSB. If I am confirmed to the CSB, I
    commit to you that that would be a priority for me in terms of
    reaching out to stakeholders.
        I am from a rural community, and I totally understand what
    you are talking about in terms of being able to have that
    outreach or that reach into those communities, because it is
    vitally important.
        Senator Kelly. Thank you.
        Dr. Sass, would you like to add anything?
        Ms. Sass. Senator, thank you very much for the question and
    for thinking broadly about all of the stakeholders for Chemical
    Safety Board recommendations, including both those that receive
    the recommendations and those that are impacted by the
    recommendations, like communities and America's families.
        I share your concern for protecting those families, and I
    commit to you to get fully briefed on all the different ways
    that the Chemical Safety Board has now for communicating and
    outreach, both in terms of timeliness as well as accuracy of
    information, and to ensure that the Chemical Safety Board uses
    its resources wisely to carry out its mission to protect those
    families.
        Senator Kelly. Thank you.
        Mr. Owens.
        Mr. Owens. Thank you, Senator, for the question. Yes, I
    believe that transparency and accountability for the Chemical
    Safety Board would be extremely important in providing
    information to the families that live near chemical facilities
    when there has been an incident. It is especially important so
    that they understand not only what has happened at the facility
    but where the investigation is going, what the status of that
    investigation is along the way, so that they can understand
    better what action is being taken to prevent similar episodes
    in the future.
        Senator Kelly. Thank you. I yield back the remainder of my
    time, Mr. Chairman.
        Senator Merkley. Thank you, Senator Kelly.
        Senator Capito.
        Senator Capito. Thank you, Mr. Chairman. Thank you all for
    your willingness to serve, and thanks for being here today.
        Congress created the Chemical Safety Hazard and
    Investigation Board, or CSB, to investigate accidents and
    determine the conditions and circumstances that led up to these
    accidents. The Board certifies the causes or cause of the
    accident so that similar things can be prevented.
        Investigative work is vital for the safety of our Country's
    facilities and our communities. I am from West Virginia. We
    have a lot of chemical facilities, and we have had several
    accidents. We are a global leader in chemical manufacturing,
    and this industry provides thousands of jobs in West Virginia,
    particularly in the area and community where I live.
        I am committed to make sure that everybody has the right
    skills and technical expertise. Learning from past mistakes is
    critically important. Working with the communities is
    absolutely essential, quickly with the communities. That is one
    of the things we have learned. Leaving things in limbo with
    communities who have been affected by something immediately is
    probably one of the worst things that you can do to a
    community, and lack of communication.
        I know that this has been covered a little bit, so I am
    going to skip Dr. Johnson, because I heard your reply to
    Senator Wicker. But can you describe, Dr. Sass, a time you led
    or participated in either an industrial, chemical, or
    transportation facility accident, just to give me an example of
    something like that, if you have done that? Then we will go to
    Mr. Owens.
        Ms. Sass. Thank you, Senator Capito. Thank you for making
    time to come to the hearing. I really appreciate that and your
    interest in the Chemical Safety Board and its mission.
        As a science and science policy expert, my role has been to
    work with communities, both communities on the ground, in local
    areas, in States and local areas as well as different kinds of
    Federal interest stakeholders who are interested in chemical
    policy, chemical regulation, as chemicals get reviewed, and the
    way chemicals are used.
        I also have worked with users of chemicals in downstream
    chains and retailers and products and consumer products. My
    role has been to understand the movement of chemicals through
    the economy, through the supply chain, and from manufacturers
    to downstream users, and to work with those stakeholders to
    ensure that they are used in the safest way possible.
        Senator Capito. So you haven't actually been part of an
    accident investigation. While I have you, apparently in 2019,
    you tweeted ``Shame on the EPA Chemical Safety Office for
    posturing to the American Chemistry Council corporate toxic
    chemical manufacturers and polluters! Mission fail.'' This was
    in response to a tweet documenting that the head of EPA's
    Chemical Office spoke to the industry about her commitment to
    ``implementing TSCA in an open and transparent way.''
        Why is that posturing?
        Ms. Sass. Thank you, Senator, for that question. I have to
    apologize that I do not recall the full context of that. But I
    will only comment that it is important to me, both personally
    and in my professional work, that the Federal agencies
    communicate with communities, with all stakeholders, and that
    includes communities, as well as those that receive the
    recommendations of something like a Chemical Safety Board.
        Senator Capito. But I don't think that you can have
    sufficient implementations of something like TSCA if you are
    not also talking to the manufacturers and the producers and
    other people who are intimately involved. How can you only talk
    to--I mean, I started out with talking about community
    involvement and how important that is. How can you only talk to
    the community and not talk to the people who understand the
    processes? That seems like that is what you are saying here.
        Ms. Sass. Senator Capito, I agree with you that talking to
    all stakeholders and gathering all information is important.
    Again, I don't remember the exact context of that particular
    tweet. But I do commit to you to fully consult with all
    stakeholders.
        Senator Capito. OK, so maybe we will ask an additional
    question and get some clarification.
        Ms. Sass. Sure, that would be fine. Thank you.
        Senator Capito. Mr. Owens, the first question. I think you
    answered this, but I might have missed it. I know you have
    worked in this area.
        Mr. Owens. Thank you, Senator. I appreciate the question. I
    actually want to clarify something I said in response to
    Senator Wicker's question. Certainly as the director of the
    Arizona Department of Environmental Quality, I oversaw
    emergency responses. In fact, in my first year as DEQ director,
    we had an episode that was investigated by the Chemical Safety
    Board, a chlorine leak at a chlorine facility in the west
    valley, in Maricopa County.
        Our agency was not directly involved in it, because the air
    quality permit was issued by the Maricopa County Air Pollution
    Control Department. But we worked hand in hand with them to
    ensure that citizens that live near that facility, there was an
    evacuation as well, that everyone was taken care of and that
    the appropriate information was provided to the community along
    the way.
        More recently, as a private practitioner in Phoenix, I have
    worked with companies, not just in Arizona, but across the
    Country, who manufacture chemicals, who use chemicals. While I
    told the Senator I have not been personally hands-on involved
    in an accident investigation, I have worked with the
    individuals at those companies who have been involved in
    accident investigations, and have advised them on compliance
    with the regulations, including on release reporting
    requirements and on remedial actions that need to be taken by
    those facilities.
        As part of that, I have ensured that the have either stayed
    in compliance, if they weren't in compliance before, or come
    into compliance if they weren't into compliance to begin with.
        Senator Capito. Thank you. Thank you, Mr. Chairman.
        Senator Merkley. Thank you very much, Senator Capito.
        I am sorry Senator Kelly has left, because I wanted Mr.
    Owens to have a chance to display his Arizona flag while
    Senator Kelly was here. Obviously, a proud citizen of that
    State.
        I want to address the backlog and whether, as potential
    Board members, you feel that we need to catch up or reduce that
    backlog in order to get recommendations out the door so that
    more accidents are prevented. That backlog has been described
    as the largest backlog in the last 5 years, and that there are
    100 open safety recommendations.
        My understanding of that, which I hope is right, is that
    there are draft recommendations but they haven't been completed
    and officially shipped out the door.
        What is your viewpoint on this backlog and the importance
    of actually completing recommendations and sending them out the
    door to the appropriate agencies and organizations? Why don't
    we start with Dr. Johnson?
        Ms. Johnson. Thank you, Senator, for the question. As it
    pertains to the backlog at the Chemical Safety Board, if I am
    confirmed, I commit to doing my part to uncover why that
    backlog exists, and do my part to also ensure that the backlog
    gets addressed.
        I also commit to work with this committee in so doing. It
    is important to both the public and this committee to figure
    out what the root cause of the backlog is. I understand that
    each existing case that is backlogged obviously has a set of
    circumstances for which there may be some explanation. So my
    job if confirmed to the Chemical Safety Board would be to take
    a deeper diver and look into that.
        Senator Merkley. Thank you.
        Dr. Sass.
        Ms. Sass. Thank you, Senator.
        I do also, like Dr. Johnson, commit to understanding better
    the delay. As a scientist, I certainly want to have timely
    information, but accurate information as well. I also
    understand that there are many stakeholders in the public that
    are concerned about that issue. So I would commit to looking
    into that. Thank you.
        Senator Merkley. Thank you.
        Mr. Owens.
        Mr. Owens. Thank you, Senator, for the question. Like my
    colleagues here on the panel, I have not had the opportunity to
    be fully briefed on or briefed at all on the reasons for the
    backlog there. I do know from the public record that exists
    that there are roughly 19 open investigations at the Board.
        As I have said in my comments already, I believe that
    transparency and accountability for the Board are very
    important. If I am privileged to serve on the Board, we will
    work to not only understand the reasons for that backlog but
    work to move investigations and recommendations forward as
    expeditiously as possible.
        Senator Merkley. I think about the fact that when a
    recommendation sits on the shelf, enacted, but it hasn't been
    shipped out, there may be other accidents that occur because of
    the failure to do so. Of course, that is the whole goal here,
    is to prevent industrial chemical accidents.
        I want to turn to the issue of environmental justice. A lot
    of chemical facilities that use chemical industrial facilities
    are located in fence line communities. Is there a sense or a
    role for the CSB in understanding the potential impact on the
    community of safety issues at a nearby industrial facility?
        Ms. Sass. Senator, thank you for that question. I know that
    fence line communities, environmental justice communities, the
    terms can be a little different. In this case, I think we are
    really focused on the fence line communities around facilities.
        They also include not only families that live near these
    facilities and are impacted by potential accidents but they
    also include people that work at those facilities, people that
    live, go to school, do their daily activities around those
    facilities.
        So I think it is very important for a functioning Chemical
    Safety Board to consider all of the stakeholders when it does
    its investigations, and gather all of the relevant information.
    That would include from the facility, from managers, from
    employers, from the employees, from the community and from
    other professionals with specific expertise in those areas in
    order to make as informed decisions and recommendations as
    possible. I would commit to doing that.
        Thank you.
        Senator Merkley. Thank you.
        Anyone else want to jump in and share thoughts on this?
        Mr. Owens. I will take a stab at it. Thank you, Senator,
    for that question.
        As I said, I think one of the most important things a Board
    like the Chemical Safety Board can do, and any agency for that
    matter, that is reviewing chemical safety issues, is to keep
    the surrounding communities informed, as well as work closely
    with all the stakeholders.
        As Senator Capito indicated, and as you indicated as well,
    a recommendation that isn't made isn't much of a
    recommendation. So if I am privileged enough to serve on the
    Board, as a member of the Board, I would look forward to
    working with the career professional staff there and the other
    Board members to figure out ways that we can be more
    transparent and have more engagement and active involvement, so
    that the surrounding communities, the families that live near
    those facilities, will understand more what happened, why it
    happened, and what is being done to prevent it from happening
    again.
        Senator Merkley. Thank you all. I certainly think about how
    many of these accidents can affect the community. Fires, toxic
    smoke from fires, releases of gases like chlorine gas, so on
    and so forth, explosions. So the sensitivity to the
    communities, as you put it, the fence line communities, is
    certainly appropriate.
        I want to close with thinking a little bit about the
    background each of you bring. Mr. Owens, you have been, if I
    understand your testimony correctly, and I just want to affirm
    this, you have been advising companies on how to prevent
    chemical accidents and ensure chemical safety. Did I understand
    that correctly?
        Mr. Owens. Yes, Senator.
        Senator Merkley. And the role of this Board is to prevent
    chemical accidents and advise on chemical safety, am I correct
    on that?
        Mr. Owens. Yes, Senator, that is my understanding.
        Senator Merkley. So your experience certainly is directly
    relevant?
        Mr. Owens. Yes, Senator, I believe so.
        Senator Merkley. And Dr. Johnson, I understand from your
    testimony, again, I want to make sure I read this correctly,
    that you have conducted workplace hazard assessments and
    investigated chemical accidents? Did I understand that
    correctly?
        Ms. Johnson. Yes, Senator.
        Senator Merkley. And while as a Board member, you wouldn't
    be actually doing the hazard assessments and/or investigating
    the chemical accidents, you would be overseeing the work of
    professional scientists who would be doing hazard assessments
    and investigating chemical accidents?
        Ms. Johnson. Yes, Senator.
        Senator Merkley. So your background is very relevant to the
    work of this Board?
        Ms. Johnson. I would say so, yes.
        Senator Merkley. And Dr. Sass, you have a graduate degree
    in occupational health and safety. I understand from your
    testimony that occupational health and safety has been a
    significant kind of core of your professional life, and that
    you have worked to inform decisionmakers and stakeholders,
    including chemical manufacturers, on chemical exposure and
    safety issues.
        Do I have that correct?
        Ms. Sass. Yes, sir.
        Senator Merkley. So that role of occupational health and
    safety, that kind of theme in your professional work, and the
    fact that you have worked to inform decisionmakers and
    stakeholders on chemical exposure and safety issues, seems
    directly related to the core mission of this Board, am I
    correct in that?
        Ms. Sass. It is, Senator, yes. Thank you.
        Senator Merkley. OK, thank you all for that.
        I am going to turn to my team now, who I am sure is going
    to guide me in the official closing comments here.
        So in closing, thank you for your time and your testimony,
    your willingness to bring your expertise to bear on this
    important mission. Some final housekeeping: I would like to ask
    unanimous consent to submit for the record a number of reports
    and articles related to today's hearing.
        Hearing no objections, it always helps when no one is
    present to object, then we will have those submitted.
        [The referenced information follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Merkley. Additionally, Senators will be allowed to
    submit questions for the record through the close of business
    on August 12th. We will compile those questions; we will send
    them to all of you, our nominees, and ask you to reply by
    August 26th.
        With that, the hearing is adjourned.
        [Whereupon, at 11:08 a.m., the hearing was adjourned.]

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