In Charleston, W.Va. and surrounding areas, more than 100 people were taken to a hospital last week with nausea and vomiting due to contaminated water in the Elk River. The river, contaminated by a coal-refining chemical spill last Thursday, is the source of municipal water for the state capital and other surrounding areas.

This spill was preventable. However, without environmental regulations in place, the deterioration of the chemical’s storage containers went unnoticed.

In cases like this, dealing not only with environmental safety but human health, regulations are necessary and indispensable.

After an estimated 7,500 gallons of 4-Methylcyclohexane Methanol, or MCHM, spilled into the river, the state government issued an order for more than 300,000 residents to discontinue using municipal water supplies due to the chemical leak.

While this water ban was the best reactive measure, the suffering involved for all affected could have been circumvented with proactive, preventative measures.

The cause of the spill, a 48,000-gallon storage container owned by Freedom Industries, was not well maintained. This container was not subject to maintenance protocols due to its contents and type, whereas federal and state laws and statutes regulate other chemical equipment. The last time the storage container was inspected was in 1991.

On a federal level, many statutes were not applicable to this container. For instance, the Toxic Substance Control Act did not apply because the chemical was used before the act was passed in 1976, according to The New Yorker.

State statutes are also lax, specifically on the regulation of procedures in coal mining because of the region’s dependence on the coal industry and anti-regulation governmental agendas.

In one of the poorest states in the union, regulation is seen as an antithesis to a healthy economy. Both government officials and citizens often view regulatory agencies, like the Environmental Protection Agency, as fighting a “war on coal,” to the disadvantage of a struggling state.

In his last State of the State address, Democratic Governor Earl Ray Tomblin said he would “never back down from the EPA.”

There doesn’t have to be a “war” and the governor shouldn’t have to “back down.” Regulations need to be put into effect to keep people safe, but they should not go so far as to impede a thriving economy.

Even if you don’t agree with the use of coal as an energy source, the reality is that it still powers most of our country. While we continue to use this resource, the health and safety of all those directly affected should be at the forefront of business and governmental agendas.

MCHM needs to be regulated in the manner of other toxic chemicals, especially when much is unknown about the substance. While the safety level created by the West Virginia government is one part per million, this number was created through synthesizing material known about other chemicals.

The fatal dosage of MCHM for rats is only known through one non-peer reviewed study. We know almost nothing about the chronic, long-term effects of exposure and ingestion.

With the little we know about the substance, coupled with a history of past chemical spills in the area due to the coal industry, it seems foolish that this specific chemical and its container fell through so many loop holes.

There is a difference between increasing regulations to safeguard our health and the creation of a Big Brother state.

A balance between regulation and autonomy is essential.

All Americans are granted freedoms through our government and in our modern age, the freedom to drink clean, healthy water is of utmost importance.

mlcallag@syr.edu.>

Published on January 16, 2014 at 1:52 am