FREE AppalachianThe VOICEOctober/November 2013 Traditions of Resistance Lessons from the struggle for justice in Appalachia Appalachia’s Contested History The Spirit of Foxfire • Trip planner: Historical Hidden Treasures • rebound of the peregrine • Citizens Speak Out on power plant pollution ALSO INSIDE TheAppalachianVOICE cross Appalachia A publication of A Environmental News From Around the Region AppalachianVoices A Note from Our Executive Director The history of Appalachia is traced in the lines of mountain ridges receding in the N.C. Law Slashes nC: 171 Grand Blvd Boone, NC 28607 • 828-262-1500 Progress on Black Lung Prevention Va: 408 E. Market St Suite 201C, Charlottesville, VA 22902 • 434-293-6373 distance, the gurgle of cold streams running over ancient boulders, and in the songs and Key Environmental DC: 122 C St NW, Ste 240, Washington, DC 20001 • 202-266-0479 stories of the region’s people. Appalachia’s human history is interwoven with the history By Kimber Ray number of deaths from black lung since legislation this past July. His bill, the Black Tn: Nashville, TN • 615-592-MTNS (6867) Protections of the land. After over three years of delay, a 1970 stands at over 70,000. Lung Health Improvements Act of 2013 (S. AppalachianVoices.org | [email protected] The Mine Safety and Health Ad- 1416), would require that coal dust limits By Rachel Ellen Simon In this issue of The Appalachian Voice, we explore these connections between place, proposal for stricter coal dust standards EDITOR ..........................................................JAMIE GOODMAN ministration initially proposed cutting be updated twice a year until disease rates people and time. We learn about some of the early advocates who sought to protect the appears to be moving forward. The U.S. North Carolina Gov. Pat McCrory MANAGING EDITOR ............................................ MOLLY MOORE allowable exposure limits on coal dust decline, streamline the process of applying Mine Safety and Health Administration recently signed the Regulatory Reform ASSOCIATE EDITOR ................................................ KIMBER RAY people of Appalachia by protecting their land on p.8, and celebrate the museums, trails in half in 2010, but the rule was repeat- for black lung disability claims and create has submitted a final draft of its rules to Act, H.B. 74, which aims to “streamline CONTRIBUTING EDITOR ........................................BRIAN SEWELL and battlefields that embody our mountain heritage on p.10. edly delayed. It remains uncertain what funding for research on the disease. DISTRIBUTION MANAGER ......................................MAEVE GOULD the Office of Management and Budget for the regulatory process in order to stimu- History changes over time, and its accuracy largely depends on who does the telling. MSHA has included in the final rule. Some congressional Republicans EDITORIAL ASSISTANT .........................................NOLEN NYCHAY review. This development followed a letter late job creation, to eliminate unnecessary However, MSHA cannot adjust the have cautioned that provisions to pre- EDITORIAL ASSISTANT ................................RACHEL ELLEN SIMON As guest writer and former Voice editor Bill Kovarik points out, it takes constant vigilance sent by Senator Jay Rockefeller (D-WV) regulation … and to amend certain envi- GRAPHIC DESIGN ASSISTANT .......................... CLARISSA GOTSCH rules without approval from the Office vent black lung will be too burdensome to preserve the truths that some powerful forces would rather let us forget. Follow Bill’s to President Obama in which Rockefeller ronmental and natural resources laws.” WEB ASSISTANT ........................................ MEREDITH WARFIELD of Management and Budget, which has on coal companies. Representative Andy journey into West Virginia’s contested history beginning on p. 12. urged the White House to address delays Advocacy groups across the state are call- previously taken many months to ap- Barr (R-Ky) was quoted in the Lexington DiSTriBUTiOn VOlUnTeerS: Alison Auciello, Karen Austin, Debbie The story of Appalachia’s land and people is still unfolding, and every day we have the in approving new coal dust regulations. ing foul play, arguing that the bill caters prove new mining regulations. Herald-Leader saying, “Worker safety is a Bahr, Heather Baker, Becky Barlow, Aaron Barr, Bob Belton, Jere Bidwell, opportunity to chart a better future. Appalachian Voices and partners recently launched a- Coal dust is connected to black lung to polluters at the expense of human and Blue Smoke Coffee, Maria Bolton-Joubert, Charlie Bowles, Cindy Bowles, Rockefeller, a long-time advocate top priority, but not at the cost of putting disease, an irreversible and potentially environmental health. Lynn Brammer, Jane Branham, Steve Brooks, Carmen Cantrell, Sarah bold new plan for clean energy in Virginia (see p. 22). Called New Power for the Old Do minion, the campaign will insist that state utilities, regulators for mine safety, has been instrumental in that family in a very precarious finan- Smith Caskey, Charlie Chakales, Kim and Shay Clanton, Chris Clark, Patty fatal condition that has experienced an Under the new law, water quality pushing for tighter limits on coal dust ex- cial situation.” According to the West Clemens, Sister Beth Davies, Detta Davis, Deborah Deatherage, Lowell and lawmakers get serious about clean energy. unexpected resurgence since the late rules have a one-year review deadline, - posure. He called on the Office of Manage- Virginia Gazette, Rockefeller retorted, Dodge, Finley Dula, Nels Erickson, Lauren Essick, Charles Garratt, Dave Together we can work to make sure the next century’s his 1990s. Although exposure limits on coal and any regulations not reviewed by the Gilliam, Scott Goebel, Lisa Goodpaster, Bruce Gould, Michael Grantz, Gary ment and Budget to expedite their review “If you can’t be in business safely, you tory books remember these years as a time when people across dust were first set by the Federal Coal end of the given timetable will automati- Greer, Kelly Griffin, Tim Guilfoile, Susan Hazlewood, Sandy Heim, Cary of the final proposal, and introduced new shouldn’t be in business at all.” and Karen Huffman, Tim Huntley, Pamela Johnston, Mary K., Amelia Kirby, the region united to hold polluters accountable and build a Mine Health and Safety Act of 1969, the cally expire. The bill also reduces industry Rose Koontz, Frances Lamberts, Carissa Lenfert, Susan Lewis, Loy Lilley, cleaner, more just Appalachia for all. We hope you’ll join us. regulations regarding water pollution Debra Locher, Joy Lourie, Gail Marney, Mast General Store, Kathy McClory, while cutting the funds available to the For the mountains, Workers Exposed to Toxins at Kingston Ash Spill Cleanup Kim Greene McClure, Jay McCoy, Rich McDonough, Mike McKinney, Ed Department of Environmental and Natu- and Pam McNally, Steve Moeller, Dave and Donna Muhly, Nick Mullins, By Kimber Ray quality monitoring. According to the ardous site conditions. To prevent dust ral Resources to monitor such pollution. Dennis Murphy, Catherine Murray, Don O’Dell, Bob Partida, Dave Patrick, Knox News, the cleanup crew was told movement near the air monitors, the Bronwyn Reece, Martin Richards, Carol Rollman, Kristin Rouse, Jenny A federal lawsuit alleges that Jacobs In addition, the bill extends compli- that “you could drink fly ash daily and company kept the area near the moni- Rytel, Debbie Samuels, Steve Scarborough, Gerry and Joe Scardo, Kathy Tom Cormons, Executive Director Engineering Group knowingly exposed ance boundaries for groundwater con- Selvage, Brian Shults, Brenda Sigmon, Lucy Spencer, Jennifer Stertzer, workers to toxic substances during suffer no adverse health effects.” tors wet and placed the systems in loca- tamination, enabling waste facilities to Mike Wade, Nora Walbourn, Bill Wasserman, Jim Webb, Dean Whitworth, cleanup of the 2008 coal fly ash spill at Workers contend that not only were tions with favorable wind conditions. pollute groundwater up to their property Amy Wickham, Graham Williams, Barbara Williamson, Diana Withen, requests for protective equipment such While a number of research studies Johnny Yousef, Gabrielle Zeiger, Ray Zimmerman the Tennessee Valley Authority’s Kings- line, rather than maintaining a buffer zone ton Fossil Plant in Harriman, Tenn. as dust masks and respirators denied, warned of the health hazards posed by as previously mandated. The lawsuit, filed Aug. 22, claims but also that some workers prescribed coal ash, Dr. Gregory Button, of the Uni- Under the new law, facilities that Times Free INSIDE THIS ISSUE Jacobs Engineering deliberately misrep- such equipment by their doctors were versity of Tennessee, told the pollute beyond the boundary are not Press resented the health hazards of fly ash, ordered not to wear it. that the TVA assisted government required to take remedial action unless ppalachia’s proud history is About the Cover failed to provide adequate protection to Jacobs Engineering is also impli- officials in authoring a report that found regulators prove that a violation also cated in manipulating air monitoring no harm to the community’s health was Asteeped in tales of defiance, With a brilliant eye for natural workers, and engaged in improper air poses an imminent risk to the environ- systems to cover up the extent of haz- expected from the spill. ment, public health or safety. creativity and resilience. This issue, beauty,