Railroad Regulations

Regulatory authority over rail operations affects what measures, if any, can be imposed to control coal dust emissions during transit. The Surface Transportation Board (STB) oversees the economic aspects of freight rail (rates, service obligations, and access) an independent adjudicatory agency. The Federal Rail Administration (FRA) regulates rail safety under the US Department of Transportation, including track conditions, equipment standards, and operational practices.

To read about railroad companies in Hampton Roads, see: Railroads in Hampton Roads

To read about coal terminals in Hampton Roads and how they are are regulated, see: Coal Terminals in the Port of Virginia and Terminal Permits

Surface Transportation Board

Role

The Surface Transportation Board (STB) is an independent federal agency responsible for the economic regulation of freight railroads, including oversight of rail rates, service disputes, mergers, and access to rail infrastructure. It ensures fair competition, resolves shipper complaints, and adjudicates matters related to common carrier obligations. The STB operates as a regulatory authority that issues binding decisions on disputes and policy matters, shaping how railroads fulfill their service obligations, set rates, and provide access under federal law.

It has jurisdiction over railroad rate, practice, and service issues and rail restructuring transactions, including mergers, line sales, line construction, and line abandonments.  The STB also has jurisdiction over certain passenger rail matters, the intercity bus industry, non-energy pipelines, household goods carriers’ tariffs, and rate regulation of marine freight shipping involving the United States and other U.S. territories and possessions.

Relevance

The FRA has recognized that coal dust from uncovered railcars can compromise track stability by contaminating the ballast, prompting mitigation requirements in certain corridors. As the agency overseeing the physical and operational safety of rail infrastructure and rolling stock, the FRA is responsible for regulating conditions of coal transport that may contribute to dust emissions along the rail route.

Office of Environmental Analysis

The Office of Environmental Analysis (OEA) is responsible for directing the environmental review process in proceedings where it is necessary.  This involves conducting independent analysis of all environmental data and making environmental recommendations to the STB. In addition to compliance with the National Environmental Policy Act (NEPA), the STB’s regulations also implement other environmental statutes, such as the National Historic Preservation Act (NHPA). When proposed rail operations or infrastructure changes may have significant environmental impacts, the OEA evaluates them, including air quality and community health concerns.

The last time the Office conducted an environmental review in the Hampton Roads region under NEPA was in 1998 for the acquisition of Conrail by Norfolk Southern and CSX. Although the OEA has authority to review environmentally significant rail proposals, it has not yet directly applied NEPA analysis to freight coal operations or their dust emissions in Hampton Roads.

Federal Railroad Administration

Role

The Federal Railroad Administration (FRA) is a U.S. Department of Transportation agency responsible for enforcing rail safety regulations, overseeing railroad infrastructure, and ensuring the secure transport of hazardous materials. It develops and implements policies aimed at improving rail system reliability and safety, monitors compliance with federal standards, and collaborates with state and industry stakeholders to minimize operational risks across the national rail network.

The FRA creates, revises, and enforces regulations, as well as conducts inspections into accidents, safety audits, technical assistance, and data collection and analysis. It is also responsible for outreach to and partnerships with state and local governments and other stakeholders, and research and development into safety technologies. Additionally, the FRA promotes the development of the freight, passenger, and commuter rail network through grant programs.

Relevance

The STB’s jurisdiction over the economic operations of freight railroads encompasses coal shipments to terminals in Hampton Roads. Railroads engaged in this traffic must comply with common carrier obligations, even when their operations generate adverse effects in surrounding communities. The STB has authority to hear service-related complaints and to require railroads to disclose data about shipments, access, and conditions of service. These powers place the agency in a position to adjudicate disputes involving coal transport and its impacts, including community concerns about dust emissions along rail corridors.