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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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.

People working for environmental justice are rallying today at the downtown Pittsburgh headquarters of U.S. Steel, voicing their concerns to company shareholders about creating a healthier future in the Monongahela Valley region.

Japan's Nippon Steel is buying U.S. Steel for more than $14 billion.

Duquesne Mayor Nickole Nesby, an environmental-justice organizer with the group 412Justice, said the asthma rate in the Mon Valley is four to five times higher than the national average. She pointed out they're being left out of important conversations about the sale and are urging better health protections.

"We are actually gathering to demand a seat at the table," she said. "We -- the communities which have been impacted by the pollutants for decades -- have not had a seat at the table. Our voice needs to be heard."

U.S. Steel has had a presence in the Mon Valley since 1901 and currently employs more than 3,000 workers. Nesby said the sale isn't supposed to affect local employment, as U.S. Steel has said it will keep the contract as it currently exists.

U.S. Steel's Mon Valley Works, which includes the Clairton Coke Works, is the biggest coke plant in the country.

NaTisha Washington, communications manager for the Breathe Project, said the plants have a long history of breaking air-quality rules and facing complaints. She added that the plants keep getting fined for exceeding pollution limits - and even have trouble getting new permits.

"There is no transparency with the communities about these air quality days being bad," she said. "No protections, no resources like air filters, or anything that's supporting residents that are affected by these bad-air days."

Washington added that money is being put into a clean-air fund and a Community Benefit Trust. But there has been no visible improvement to community health so far. She noted many Mon Valley residents are feeling the impacts of either poor air or water quality.

Environmental organizations in Virginia have united in opposition to Gov. Glenn Youngkin's picks for the state Environmental Justice Council.

In the last two years, the council has been short several members, unable to reach a quorum or conduct official votes. But critics point out that most of the new appointees have strong ties to the fossil-fuel industries that cause environmental harm.

Tim Cywinski, communications director for the Sierra Club's Virginia chapter, said there's no upside to the new appointments.

"People who are tied to the fossil-fuel industry are not going to be helpful in initiatives that are meant to reduce pollution and improve public health, to make sure that people aren't affected by toxic air from polluting projects, toxic water from polluting projects," he said.

The groups also have said new appointees don't meet certain background requirements to be on the council. They've signed a letter asking the General Assembly to reject the appointees. Instead, Cywinski suggested, Youngkin should appoint the people whose terms expired. He noted that their backgrounds are better suited to recognizing the social and environmental challenges facing some communities.

Projects are already underway in areas sensitive to environmental issues. In Petersburg, a methane pipeline extension and compressor station are being proposed despite the concerns listed in an Environmental Impact Statement. Petersburg already ranks as the "least healthy" place in Virginia.

Cywinski said it's distressing Youngkin hasn't taken up policies protecting these areas.

"I wish we didn't have to have environmental-justice projects," he said. "I wish there was more humanity in the development and planning of energy plants or power plants, or infrastructure projects - but there are not."

Pipeline projects can cause damage to surrounding forests, which means losing valuable water and air filtration. In addition, methane leaks are already common. Based on current environmental impacts, Petersburg residents have a lifespan about a decade lower than the national average.