Groups Push Back On House Bill To Limit Use Of Air Monitoring Data

West Virginia’s industrial and mining trade groups support the bill, but most people spoke in opposition.

Community and environmental groups testified Friday morning in a public hearing against House Bill 5018

The bill would limit how community air monitoring data could be used in court cases or to affect regulations. West Virginia’s industrial and mining trade groups support the bill, but most people spoke in opposition.

Bill Bissett, president of the West Virginia Manufacturers Association, compared the situation to a citizen who bought a radar gun to monitor speeding drivers in the neighborhood. Only police can enforce the law, not the citizen.

“We are in no way against community monitoring, but also do not believe that environmental activist groups should become regulatory agencies,” he said. “It is important to recognize that this bill, House Bill 5018, does not stop community air monitoring. Community air monitoring has occurred in the past and it will continue into the future.”

Angie Rosser, executive director of the West Virginia Rivers Coalition, noted, as many other speakers did, that the West Virginia Department of Environmental Protection has a limited number of its own air monitors statewide. The DEP needs citizen input, Rosser said.

“DEP’s resources are limited, they have 18 ambient air quality monitor data across the state,” she said. “This leaves large gaps and information and data and that’s, as it’s been said, where community monitors play an important role in providing information where people live. The legislature and industry should be embracing community efforts.”

Pam Nixon, president of People Concerned About Chemical Safety, said residents use devices called purple air monitors to measure industrial pollution in their communities. Nixon is a former resident of Institute, a Black-majority town where poor air quality has been an issue for decades.

“Low-income communities and communities of color are already vulnerable due to proximity to polluting industries emitting fine particles, which include chemical plants, coal fired power plants, fossil fuel drilling sites for oil and gas mining sites, diesel fuel trucking companies, and asphalt and concrete plants to name a few,” she said.

An attempt by House Democrats to amend the bill failed on Friday. It now goes to third reading.

State Approves Air Quality Permit For Factory Where Explosion Killed 1

The Division of Air Quality approved the permit for Optima Belle to replace the equipment damaged in the explosion and return to normal operations.

The West Virginia Department of Environmental Protection (WVDEP) has approved an air quality permit for a Kanawha County facility where a fatal explosion occurred in 2020.

The Division of Air Quality approved the permit for Optima Belle to replace the equipment damaged in the explosion and return to normal operations.

The WVDEP held a public meeting on Optima Belle’s permit application earlier this month.

Last month, the U.S. Chemical Safety Board issued a report on the December 2020 explosion, which killed one worker, John Gillenwater of Putnam County.

It found that the company used an incorrect process for drying a chemical compound that when overheated, could cause a reaction that exceeded the design pressure of the dryer unit.

Three others were injured in the blast, including two workers and the driver of a car that was struck by debris. A shelter-in-place order was issued within a two-mile radius of the plant.

Safety Agency Issues Final Report On Fatal 2020 Optima Belle Explosion

The U.S. Chemical Safety Board investigated the Dec. 8, 2020, explosion at Optima Belle that killed one worker and caused $33 million in damage.

Federal safety regulators have issued their final report on a fatal 2020 explosion in Kanawha County.

The U.S. Chemical Safety Board investigated the Dec. 8, 2020, explosion at Optima Belle that killed one worker and caused $33 million in damage.

It found that the company used an incorrect process for drying a chemical compound that when overheated, could cause a reaction that exceeded the design pressure of the dryer unit.

Optima Belle had contracted with Clearon to perform the drying work, but investigators found that Clearon did not communicate industry guidance to Optima Belle.

It also found that regulations do not sufficiently address the potential for reactive hazards.

It recommended that the companies improve their process safety management systems.

The worker, John Gillenwater, was found alive in the rubble but later died of his injuries.

W.Va. Chemical Valley Featured In Film Documentaries

West Virginia’s community of Institute is featured in two documentaries that examine environmental safety and accountability. Both films will be screened outdoors on Thursday, Oct. 5 at Institute's Shawnee Regional Park.

West Virginia’s community of Institute is featured in two documentaries that examine environmental safety and accountability.

The mini-documentaries are part of the series “Films for Our Future” and are hosted by Our Future West Virginia and the North Carolina production company, Working Films.

Chemical Valley follows the community of Institute in Kanawha County and explores the conflict of an economy dependent on chemical plants.

Out of Air examines what happens when environmental resources are turned into a commodity and ultimately who benefits.

Kathy Ferguson, interim executive director of Our Future West Virginia, said the movies underscore how communities of color and lower wealth are disproportionately impacted by environmental injustices.

She said Chemical Valley highlights the conflict and struggles of economies that rely on jobs from plants that produce chemical emissions like ethylene oxide.

“It’s just a new chemical,” Ferguson said. “I like to refer to it as the chemical du jour that we’re having to suffer and struggle with, and how we can stop these things from happening.”

According to the West Virginia Department of Environmental Protection, Union Carbide and Specialty Products have emitted ethylene oxide at sites near Institute and South Charleston.

The federal Environmental Protection Agency’s 2018 National Air Toxics Assessment data revealed that six of 90 census tracts with the highest cancer risk from the chemical were in Kanawha County.

Ferguson said Out of Air explores what can happen in the future if toxic air pollution is not stopped by transitioning away from petrochemical industries and reducing the carbon footprint.

She said filmmaker Jessie B. Evans and his futuristic sci-fi short film captures the impact of past tragic incidents and the future of chemical emissions like ethylene oxide in the valley.

Both films will be screened outdoors on Thursday, Oct. 5 at Institute’s Shawnee Regional Park.

Chemical Valley will be shown again at Floralee Hark Cohen Cinema in Charleston on Oct. 10, 17 and 24.

W.Va. Tourism Records Official Subpoenaed in Chemical Spill Cases

The state tourism division’s record keeper has been subpoenaed in the criminal cases over a massive chemical spill last year.

In Charleston federal court Thursday, the subpoena says the Division of Tourism records custodian must attend the May 6 hearing for Freedom Industries officials facing federal charges.

The subpoena requires producing correspondence involving Tourism Commissioner Amy Shuler Goodwin’s office about the January 2014 chemical spill.

Goodwin is married to U.S. Attorney Booth Goodwin, whose office is handling the case.

Ex-Freedom officials Gary Southern and Dennis Farrell want Goodwin’s office off the case, saying some staffers are conflicted because they were affected by the spill. Prosecutors disagree.

The spill spurred a tap-water ban for 300,000 people for days.

A tourism spokeswoman didn’t immediately respond to a request for comment.

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