[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                     
          
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               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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