CHARLESTON, W.Va. - West Virginia First District Congressman David McKinley describes himself as a supporter of coal miners. But he's catching grief from miners over a vote late last month to block tighter rules on black lung disease, or pneumoconiosis, which affects coal workers.

House Republicans, including McKinley, have blocked federal mine safety officials from putting in regulations designed to address a surge of deaths and disability among miners exposed to high levels of coal dust.

Disabled miner Chuck Nelson says his health was damaged at mines that broke current black lung rules. He calls McKinley a coal dust hypocrite.

"He's taken the money from the coal industry. They've paid him to say such and such a thing, and that's what he's doing."

Federal campaign records show that of McKinley's top ten all-time contributors, six are mining companies and another two are mine equipment makers.

The most recent effort to block the new black lung rules came as part of a bill House Republicans say would stop over-regulation by the Department of Labor. An amendment by McKinley actually made the bill tougher. But Phil Smith with the United Mine Workers says that with the right regulations, properly enforced, coal dust exposure would no longer be a slow death sentence.

"This isn't a matter of over-regulation: this is a matter of life and death for thousands of miners. When we're seeing miners in their twenties contracting this disease, something is clearly very very wrong."

McKinley has sponsored legislation to streamline black lung benefit paperwork. That bill would have no direct effect on conditions in the mines. Chuck Nelson says the real problem is a small number of rogue coal operators, like some of his former bosses, who could get around current requirements on things like dust monitors and ventilation curtains.

"The curtain was only hung and the dust pumps were only on, personally, when the mine inspector was standing right over top of us."

Smith says a proposal for individual dust monitors would make cheating harder, and Congress should act.

"For a politician to stand up for those who are trying to essentially seek a competitive advantage by putting miners' lives at risk, really isn't the right path they should be taking."

In spite of multiple phone calls and e-mails, including written questions submitted to his office, McKinley refuses to comment.

HR 4078 passed the house 245-172 on July 26.




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Environmental groups say more should be done to protect people's health from what they call toxic, radioactive sludge.

A court granted a temporary restraining order against Austin Master Services, a fracking waste-storage facility in Martin's Ferry, at the request of Ohio Attorney General David Yost.

Ohio has some of the least-restrictive rules on fracking waste, said Jill Hunkler, director of the local advocacy group Ohio Valley Allies. She said this makes communities "dumping grounds" for the byproducts of fracking, and residents are often left to educate themselves on the risks of living near fracking operations and waste sites.

"We can see firsthand how dangerous these facilities were and how poorly they were operating," she said, "and right within 500 feet of the drinking water supply for 5 million people, which is the Ohio River."

At a city council meeting, residents voiced their concerns about water-supply safety and ongoing health risks for neighboring communities.

In a legal complaint, the AG's office said the Martin's Ferry facility has exceeded the amount of waste it's permitted to store by thousands of tons.

Austin Master Services could not be reached for comment. The Ohio Department of Natural Resources maintains there's no evidence the waste has affected public health.

Hunkler said a judge ordered Austin Master Services to clean up the excess waste at a recent hearing, but the company said it didn't have the money to do so.

"It's just a very good example of the failure here to adequately regulate and enforce and protect the communities from this toxic industry," she added.

According to Food and Water Watch, fracking waste contains a mixture of heavy metals, brines, volatile organic compounds, carcinogens and naturally occurring radioactive contaminants. Yale University research has linked exposure to some of these substances to reproductive and developmental problems.


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Residents of East Palestine, Ohio, say they continue to live with health problems, including rashes, nosebleeds and respiratory issues following last year's massive train derailment and chemical spill.

According to the Environmental Protection Agency, 177 tons of solid waste of solid waste and 68 million gallons of water have been transported out of East Palestine for disposal.

Jess Conard, Appalachia director for the advocacy group Beyond Plastics, said vinyl chloride is a key ingredient in making PVC plastic. She argued the disaster highlighted the need to reduce production of industrial plastic and better regulate all stages of the plastic life cycle. She added residents still do not have the resources needed to stay safe.

"We are also in desperate need of residential indoor and outdoor air monitoring and air assessments for our homes," Conard contended. "There are residents within the past month that have reported detections of vinyl chloride outside of their home."

Norfolk Southern recently agreed to a $600 million settlement in an attempt to resolve a string of lawsuits involving thousands of people.

If it gets approval from all parties, it would resolve all class-action claims by people and businesses who were within a 20-mile radius of the derailment site, and personal injury claims within 10 miles. In a statement on the company's website, the company stressed the settlement does not constitute any admission of liability, wrongdoing or fault.

Conard pointed out the settlement will not prevent another train-related environmental disaster from happening. She noted the amount of money in the proposed settlement will hardly leave a dent in the pockets of a company whose profits topped $8 billion last year.

"If the court accepts this settlement, it sets the precedent that there is a corporate price tag for poisoning communities," Conard asserted. "The court must uphold justice for the people."

Congress has stalled on passage of legislation to boost regulations around inspections and fines for railroad companies violating safety standards. Earlier this month, the Biden administration passed a new rule requiring freight operators to have at least two people on board, in an attempt to increase safety.

Chemical plants in West Virginia and other states will be required to curb emissions of toxic, cancer causing pollutants - such as ethylene oxide, chloroprene and other chemicals - under a new Environmental Protection Agency rule.

Hundreds of facilities, most located near low-income or communities of color, will also have to collect air pollution data and submit it to the EPA.

The data will also be made available to communities, which Jeremy Symons - a senior advisor with the Environmental Protection Network - said is an important tool for transparency and environmental justice.

"Not only will this action by EPA reduce these dangerous toxic air pollutants by 96%," said Symons, "but they're also going to require chemical plants to install fenceline air-pollution monitors."

Research has shown that long-term exposure to ethylene oxide and chloroprene can increase the risk of certain types of cancer, such as lymphoma, leukemia, breast cancer and liver cancer.

Children are particularly at risk.

The Biden administration says the rule will slash more than 6,200 tons of toxic air pollution each year in affected regions.

Symons, a former EPA advisor, said the rules come after years of work by local community members and environmental organizations that have sounded the alarm on the impact of deadly air pollution.

"There's been especially high cancer rates in these communities," said Symons. "So it's really significant that EPA has taken action and gone into the communities that have not been protected as much as they should be in the past."

A handful of companies in West Virginia - including Chemours, Koppers and Altivia - will have to comply with the new rules.

Investigative reporting published in 2021 by Mountain State Spotlight and ProPublica have revealed how toxic chemical pollution has harmed the state's majority Black communities.