[Senate Hearing 117-108]
[From the U.S. Government Publishing Office]


                                                       S. Hrg. 117-108

                            BUSINESS MEETING

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

                                MEETING

                                 OF THE

                              COMMITTEE ON
                      ENVIRONMENT AND PUBLIC WORKS

                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                               __________

                           SEPTEMBER 22, 2021

                               __________

  Printed for the use of the Committee on Environment and Public Works
  
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        Available via the World Wide Web: http://www.govinfo.gov

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                    U.S. GOVERNMENT PUBLISHING OFFICE                    
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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
                            
                            
                            C O N T E N T S

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                                                                   Page

                           SEPTEMBER 22, 2021
                           OPENING STATEMENTS

Carper, Hon. Thomas R., U.S. Senator from the State of Delaware..     1
Capito, Hon. Shelley Moore, U.S. Senator from the State of West 
  Virginia.......................................................     2

                              LEGISLATION

Nomination Reference and Report:
    PN 539, Stephen A. Owens, of Arizona, to be a Member of the 
      Chemical Safety and Hazard Investigation Board.............     9
    PN 540, Jeffrey M. Prieto, of California, to be an Assistant 
      Administrator of the Environmental Protection Agency.......    10
    PN 542, Sylvia E. Johnson, of North Carolina, to be a Member 
      of the Chemical Safety and Hazard Investigation Board......    11
General Services Administration Congressional Resolutions........    12
S. 2205, To designate the United States courthouse located at 201 
  South Evans Street in Greenville, North Carolina, as the 
  ``Malcolm J. Howard United States Courthouse,'' and for other 
  purposes.......................................................    21
S. 2126, To designate the Federal Office Building located at 308 
  W. 21st Street in Cheyenne, Wyoming, as the ``Louisa Swain 
  Federal Office Building,'' and for other purposes..............    23
S. 1226, To designate the United States courthouse located at 
  1501 North 6th Street in Harrisburg, Pennsylvania, as the 
  ``Sylvia H. Rambo United States Courthouse,'' and for other 
  purposes.......................................................    25
S. 233, To designate the Rocksprings Station of the U.S. Border 
  Patrol located on West Main Street in Rocksprings, Texas, as 
  the ``Donna M. Doss Border Patrol Station''....................    27

                          ADDITIONAL MATERIAL

Letter to Senator Cardin from the U.S. General Services 
  Administration, August 10, 2021................................     5

 
                            BUSINESS MEETING

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                     WEDNESDAY, SEPTEMBER 22, 2021

                                       U.S. Senate,
                 Committee on Environment and Public Works,
                                                    Washington, DC.
    The Committee, met, pursuant to notice, at 9:34 a.m., in 
room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper 
(Chairman of the Committee) presiding.
    Present: Senators Carper, Capito, Cardin, Sanders, 
Whitehouse, Merkley, Markey, Duckworth, Stabenow, Kelly, 
Padilla, Inhofe, Lummis, Boozman, and Ernst.

          OPENING STATEMENT OF HON. THOMAS R. CARPER, 
            U.S. SENATOR FROM THE STATE OF DELAWARE

    Senator Carper. Good morning, everybody. Welcome to our 
witnesses and your guests. I want to welcome all of our 
colleagues, Senator Capito and I. I am pleased to be with you 
this morning. I am pleased to be able to call this business 
meeting to order.
    In a couple of minutes, we are going to hold votes on five 
nominees to fill important positions within the Environmental 
Protection Agency, within the Department of Defense, and the 
Chemical Safety and Hazard Investigation Board, as well as to 
address four bills and no less than nine General Services 
Administration resolutions.
    After that, we will take a nap. No, but after that, we will 
really get to work. Once we finish with these naps, these 
votes, we are going to immediately move to our hearing, and at 
that time, we are going to hear from a panel of experts about 
the role we can play in promoting the transition to a circular 
economy.
    I will have more to say on that after the business meeting, 
but for now, let me just take a couple of minutes to discuss 
the nominees whom our Committee will vote on shortly.
    Each of these nominees, from Jeff Prieto, Stephen Owens, 
Jennifer Sass, and Sylvia Johnson, are talented. They are well 
established leaders in their respective fields. Importantly, 
each has demonstrated a deep commitment to making our country a 
better, safer, and a more livable place for all Americans.
    Let me again briefly reach out, Mr. Prieto, President 
Biden's nominee to serve as General Counsel at EPA. I met with 
Mr. Prieto earlier this summer and was very, very impressed. I 
believe he is an outstanding pick to assist Administrator Regan 
in leading EPA and keeping its policies and programs consistent 
with the law. Mr. Prieto has dedicated over 20 years, 20 years, 
of his distinguished career to public service, serving across 
multiple departments in the executive branch.
    At his hearing, he demonstrated the kind of intelligence, 
the kind of poise, the kind of forthright commitment to EPA's 
mission that will make him an outstanding General Counsel. I am 
proud to support his nomination, and I urge our colleagues to 
join me in voting to report his nomination favorably to the 
Senate.
    This morning, we will also be voting on President Biden's 
nominees to serve on the U.S. Chemical and Hazard 
Investigations Board. Let me just say a couple of words about 
Stephen Owens, Jennifer Sass, and Sylvia Johnson. Each of these 
talented individuals brings with them a different set of skills 
and professional experiences that will greatly benefit the work 
of the Chemical and Hazard Investigation Board.
    Mr. Owens, a former EPA Assistant Administrator of Chemical 
Safety and Pollution Prevention, has dedicated decades, not 
years, but decades, of his career as an attorney and as a 
regulatory leader to protecting communities from chemical 
pollution.
    Dr. Sass has established herself as a well respected 
scientist and leader in deepening the public health community's 
understanding of how chemical releases affect the health of 
both individuals and our communities.
    Dr. Johnson has built a formidable career as an 
occupational health expert, working closely with workers who 
have been exposed to potentially harmful chemicals and 
industrial hazards to promote worker and operational safety. 
Her extensive experience includes working directly on hazard 
assessments and incident investigations that involve worker 
deaths from hazard exposures.
    Separately, I believe each of these nominees to the 
Chemical Safety Board is qualified to serve and make meaningful 
contributions to the Board's mission. Taken together, I believe 
their combined experience made even stronger by the diversity 
of each individual's contributions represents a great step for 
the work of the CSB, should they all be confirmed. This board 
is very much in need of their leadership right now, and I am 
enthusiastic about the possibilities of the CSB improving its 
capabilities and effectiveness following their confirmations.
    With that, I am pleased to turn to our Ranking Member, 
Senator Capito, for any comments that she would like to make on 
the business portion of today's proceedings.

        OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO, 
          U.S. SENATOR FROM THE STATE OF WEST VIRGINIA

    Senator Capito. Thank you, and good morning, Chairman 
Carper.
    I am pleased to support two of the nominees for the 
Chemical Safety and Hazard Investigation Board, known as the 
CSB. Stephen Owens stated in his written responses to the 
Committee that one of his top priorities would be increasing 
transparency and information sharing at CSB. I welcome that 
news. I am pleased to hear that, and I urge him to follow 
through on this commitment should he be confirmed.
    When considering nominee Dr. Sylvia Johnson, I appreciated 
her commitment in her written responses to spend the next few 
months of her tenure seeking advice and counsel from internal 
and external sources. She has expressed a willingness to work 
collaboratively with stakeholders. I appreciate that.
    I regret that I cannot support the remaining nominee at 
CSB, Dr. Jennifer Sass. CSB plays a critical role in analyzing 
why industrial accidents occur and how they can avoid them in 
the future in a technical and unbiased manner.
    Dr. Sass's criticism of the chemical industry included 
deriding the EPA for engaging with the American Chemistry 
Council about implementing the Toxic Substance Control Act in a 
transparent manner. I was troubled by her attempt to conceal 
that attack and other statements right after the hearing by 
taking down her--she took down her entire Twitter page. This 
knee jerk reaction when confronted with hard questions shows 
that she is not the right person for a board committed to 
transparency.
    I also cannot support the nomination of Jeffrey Prieto to 
serve as General Counsel of the EPA. The direction the 
Administration is already taking on Waters of the U.S., 
combined with Mr. Prieto's refusal to condemn overreaching 
regulations, mean that I must oppose his nomination at this 
time. This Administration has announced plans in the 
environmental policy area, ones that I think could cause major 
damage to our economy and our energy sectors.
    Mr. Chairman, finally, I look forward to reporting five 
naming bills, including Senator Lummis's legislation, and nine 
GSA resolutions today on a bipartisan basis.
    Thank you for having today's hearing, and I yield back to 
you.
    Senator Carper. Happy to be here with you and our 
colleagues.
    I want to turn to Senator Lummis for some comments that she 
would like to make, and I think Senator Cardin has a comment or 
two he would like to make.
    I think we are very close to having the number of members 
that we need. I think we are maybe one or two short, so 
hopefully by the time Cynthia is finished and Ben is finished 
what they want to share with us, then we will have the chance 
to vote.
    Senator Lummis.
    Senator Lummis. Thank you, Mr. Chairman.
    As the first woman to serve in the U.S. Senate from 
Wyoming, it really is a privilege for me to talk about a real 
pioneer woman from the State of Wyoming who then finished her 
life in Maryland and is buried in Baltimore.
    Wyoming was the first State to continuously grant women's 
right to vote. In fact, it was the first government in the 
world to continuously grant women the right to vote. This 
happened fully 50 years before the 19th Amendment to the U.S. 
Constitution. Louisa Swain was the pioneering woman who cast 
the first legal vote in a general election under Wyoming law. 
That happened on September 6th, 1870.
    So I can't think of a better name for a Federal building in 
the first State to recognize this right and enshrine full 
suffrage for women into law. Many women played an essential 
role in the journey toward suffrage, but Louisa Swain's simple 
act of voting, though quiet, was the shot heard `round the 
world. She deserves, I believe, this recognition for a Federal 
building to be named after her in Cheyenne, Wyoming.
    I want to thank both Senators Cardin and Van Hollen for 
joining me in this legislation. After Mrs. Swain left Wyoming, 
she made her home in Maryland, as I mentioned. She is buried in 
Baltimore, where you can visit her grave.
    I know that both Senator Cardin and Senator Van Hollen are 
proud of their home State's part in the story of women's 
suffrage. Being from Wyoming, I can't even describe how proud I 
am of our role.
    So, it is a privilege to sponsor the legislation with 
Senator Van Hollen and Senator Cardin. I appreciate both of you 
for this, and thank you for joining me today in this effort.
    Mr. Chairman, I yield back.
    Senator Carper. Thanks very much, Senator.
    I want to turn now to Senator Cardin.
    Senator Cardin. Well, Mr. Chairman, thank you, and let me 
thank my colleague from Wyoming for advancing this bill.
    Through the story of Louisa Swain, the State of Wyoming and 
the State of Maryland share an important piece of the history 
of women's right to vote. We celebrate Louisa Swain as the 
first woman in the world to cast a ballot in an election.
    She was born in Virginia; she lived for a time in Baltimore 
before moving to Wyoming. Shortly after casting her ballot in 
Wyoming in 1870, she returned to Baltimore, where she was laid 
to rest in 1878. I am pleased to support this legislation to 
designate a Federal building in Cheyenne, Wyoming, in honor of 
Louisa Swain. May it serve as a reminder of the long road women 
have traveled to secure the right to vote and the long road we 
have yet to travel to secure equal rights for women in this 
country and around the world.
    Again, I thank my colleague from Wyoming for advancing this 
legislation. Mr. Chairman, I would ask consent that I could be 
added as a co-sponsor.
    Senator Carper. Without objection.
    Senator Cardin. If I might, on a separate issue at this 
time, I note that we will be considering certain GSA 
resolutions. One is a consolidated activities program, various 
locations. As in the last time our Committee took up a similar 
resolution, I have requested a letter and have received a 
letter from the GSA, Associate Administrator Rivera, dated 
August 10th, 2021, to make it clear none of these funds will be 
used for renovations of the FBI facility located on 
Pennsylvania Avenue. I would ask that this letter be made part 
of our records.
    Senator Carper. Without objection.
    [The referenced information follows:]
    [GRAPHIC] [TIFF OMITTED] T6294.001
    
    Senator Cardin. Thank you, Mr. Chairman.
    Senator Carper. You are welcome.
    Anyone else for a comment? We are waiting for one person, 
Senator Markey, who is under the weather. It is not COVID, but 
he is a hurting puppy today, and he should be walking in the 
door any minute.
    Anyone else, while we are waiting for Senator Markey?
    Yes, please.
    Senator Inhofe. Mr. Chairman, and I will say this to Mr. 
Johnson, one of the witnesses, I am going to be--in case some 
people leave before we get to the second part of the program, 
we have got a great article here by Andrew Wheeler.
    Senator Carper. That is a familiar name.
    Senator Inhofe. I am sorry?
    Senator Carper. That is a familiar name.
    Senator Inhofe. Yes, a familiar name.
    Senator Carper. I think you used to work for him, as I 
recall.
    [Laughter.].
    Senator Inhofe. He did a great job. And consistent with his 
past behavior, the article I am going to submit to be part of 
the record is a very long article. I don't think Andrew Wheeler 
has ever written a short article, but it is thorough, and it is 
one that I think deserves the attention of everyone on the 
Committee and on the second panel.
    Senator Carper. All right, without objection.
    [The referenced information is printed in the September 22, 
2021, hearing document titled ``The Circular Economy as a 
Concept for Creating a More Sustainable Future.'']
    Senator Carper. Any other comments? Any other comments?
    Ah, the man of the hour. Eddie, welcome.
    I called him last night, and he was in bad shape. I am 
really delighted he made it here today.
    OK, we are ready. We have got a quorum.
    So, let us begin with the presidential nominees that we 
will vote on today. First, I want to call up Presidential 
Nomination 540, Jeffrey Prieto of California to be General 
Counsel of the U.S. Environmental Protection Agency. I move to 
approve and report the nomination favorably to the Senate.
    Is there a second?
    Senator Cardin. Second.
    Senator Carper. There is a second. The clerk will call the 
roll.
    The Clerk. Mr. Boozman.
    Senator Boozman. No.
    The Clerk. Ms. Capito.
    Senator Capito. No.
    The Clerk. Mr. Cardin.
    Senator Cardin. Aye.
    The Clerk. Mr. Cramer.
    Senator Capito. Yes, by proxy.
    The Clerk. Ms. Duckworth.
    Senator Duckworth. Aye.
    The Clerk. Ms. Ernst.
    Senator Ernst. No.
    The Clerk. Mr. Graham.
    Senator Capito. No, by proxy.
    The Clerk. Mr. Inhofe.
    Senator Inhofe. No.
    The Clerk. Mr. Kelly.
    Senator Kelly. Aye.
    The Clerk. Ms. Lummis.
    Senator Lummis. No.
    The Clerk. Mr. Markey.
    Senator Markey. Aye.
    The Clerk. Mr. Merkley.
    Senator Merkley. Aye.
    Senator Carper. Aye; he voted aye.
    The Clerk. Mr. Padilla.
    Senator Padilla. Aye.
    The Clerk. Mr. Sanders.
    Senator Sanders. Aye.
    The Clerk. Mr. Shelby.
    Senator Capito. No, by proxy.
    The Clerk. Ms. Stabenow.
    Senator Stabenow. Aye.
    The Clerk. Mr. Sullivan.
    Senator Capito. No, by proxy.
    The Clerk. Mr. Whitehouse.
    Senator Whitehouse. Aye.
    The Clerk. Mr. Wicker.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Chairman.
    Senator Carper. Aye.
    The clerk will report.
    The Clerk. Mr. Chairman, the yeas are 12, the nays are 8.
    Senator Carper. Thanks very much.
    Next, I call up Presidential Nomination number 541, 
Jennifer Sass of Maryland to be a member of the Chemical Safety 
and Hazard Investigation Board. I move to approve and report 
the nomination to the Senate.
    Is there a second?
    Senator Cardin. Second.
    Senator Carper. It has been moved and seconded. The clerk 
will call the roll.
    The Clerk. Mr. Boozman.
    Senator Boozman. No.
    The Clerk. Ms. Capito.
    Senator Capito. No.
    The Clerk. Mr. Cardin.
    Senator Cardin. Aye.
    The Clerk. Mr. Cramer.
    Senator Capito. No, by proxy.
    The Clerk. Ms. Duckworth.
    Senator Duckworth. Aye.
    The Clerk. Ms. Ernst.
    Senator Ernst. No.
    The Clerk. Mr. Graham.
    Senator Capito. No, by proxy.
    The Clerk. Mr. Inhofe.
    Senator Inhofe. No.
    The Clerk. Mr. Kelly.
    Senator Kelly. Aye.
    The Clerk. Ms. Lummis.
    Senator Lummis. No.
    The Clerk. Mr. Markey.
    Senator Markey. Aye.
    The Clerk. Mr. Merkley.
    Senator Merkley. Aye.
    The Clerk. Mr. Padilla.
    Senator Padilla. Aye.
    The Clerk. Mr. Sanders.
    Senator Sanders. Aye.
    The Clerk. Mr. Shelby.
    Senator Capito. No, by proxy.
    The Clerk. Ms. Stabenow.
    Senator Stabenow. Aye.
    The Clerk. Mr. Sullivan.
    Senator Capito. No, by proxy.
    The Clerk. Mr. Whitehouse.
    Senator Whitehouse. Aye.
    The Clerk. Mr. Wicker.
    Senator Capito. No, by proxy.
    The Clerk. Mr. Chairman.
    Senator Carper. Aye.
    The Clerk. Mr. Chairman, the yeas are 10, the nays are 10.
    Senator Carper. To expedite this meeting, Senator Capito 
and I have agreed to consider remaining matters before the 
Committee en bloc and by voice vote.
    I would like to call up two presidential nominations. 
First, I want to call up Presidential Nomination number 539, 
Stephen Owens of Arizona to be a member of the Chemical Safety 
and Hazard Investigation Board.
    Second, I am going to call up the nomination of 
Presidential Nomination 542, Sylvia Johnson to be a member of 
the same board, Chemical Safety and Hazard Investigation Board.
    In addition to these nominees, this vote will include a 
number of bills that name post offices or Federal buildings. I 
call up S. 2205, S. 2126, S. 1226, and S. 233.
    All in favor, say aye.
    [Chorus of ayes.]
    Senator Carper. Opposed, nay.
    [No audible response.]
    Senator Carper. The ayes have it, and all of those are 
confirmed.
    Very good.
    All right, I think that is it.
    Is that it?
    Thanks, everybody. I know we have got a lot going on today.
    Thank you to everybody who made it here today, a special 
thanks to Eddie.
    I hope you feel a lot better, partner.
    Thanks so much.
    [Whereupon, at 9:49 a.m., the Committee proceeded to other 
business.]
    [The referenced legislation follows:]
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