U.S. Environmental Protection Agency (EPA)

To read about the Clean Air Act, see: Regulation under the Clean Air Act

Role

The U.S. Environmental Protection Agency (EPA) is a federal agency in the executive branch with a wide variety of responsibilities around protecting human health and environmental quality from environmental pollutants. Responsibilities include setting and enforcing environmental quality standards, pollution prevention, permitting, and remediation, scientific research and training, and grant making.

The current U.S. President nominates (with Senate approval) the EPA Administrator. As a result, EPA activities are influenced by the President's political agenda, and certain issues can be either prioritized or deprioritized, neglected, and/or to some extent deregulated.

Because EPA is a federal agency, environmental issues under federal jurisdiction can only be addressed through EPA action, for example, air pollution from railroads and highways.

Region 3 (Mid-Atlantic) Office

EPA activities in Virginia are managed by the Region 3 (Mid-Atlantic) Office, which encompasses: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia, and seven federally recognized tribes.

Residents with environmental concerns can contact EPA Region 3 staff through a variety of methods:

• Phone: 215-814-5000 or 1-800-438-2474 (toll-free) in the Region 3 states.
• Hotlines: The EPA hotlines page, business assistance at 800-228-8711, and regarding superfund issues at 800-553-2509.
• Online form: Environmental violations can be reported through an online form.
• Emergencies: To report spills and other environmental violations, the National Response Center can be reached at 1-800-424-8802.
• Records requests: Concerned residents seeking information, can make requests for records to the EPA through the Freedom of Information (FOIA) Act.
• Mail: Environmental Protection Agency, Four Penn Center, 1600 JFK Blvd., Philadelphia, PA 19103-2029.

Air quality

The U.S. Clean Air Act is administered by the EPA and mandates the protection of human health and the environment from ambient (outdoor) air pollution. The EPA sets the National Ambient Air Quality Standards (NAAQS), including for PM_2.5 and PM₁₀, plays a critical role when states fail to adequately address air quality concerns, provides funds for air quality research, such as for the Virginia Department of Environmental Quality (VADEQ) Tidewater Air Monitoring Evaluation (TAME), and sets emissions standards for vehicles and locomotives (not coal-filled rail cars).

Environmental Justice

The EPA has authority under Title VI of the Civil Rights Act to investigate complaints of discrimination in environmental enforcement. This includes complaints related to coal dust exposure in Hampton Roads.

In cases where communities believe environmental enforcement is applied unequally, Title VI allows them to file complaints with the EPA’s Office of External Civil Rights. The agency can investigate whether permitting decisions, regulatory enforcement, or other actions by state or local agencies have disproportionately harmed minority or low-income populations. While the EPA cannot directly revoke permits, it can require corrective actions or withhold federal funding if violations are found. This authority provides a potential avenue for addressing environmental justice concerns tied to coal dust in Hampton Roads.

Relevance

Community groups often turn to the EPA when state agencies, like the VA DEQ, fail to act on local concerns. The EPA's involvement can bring federal pressure to bear on state and local agencies, often leading to stronger enforcement or regulatory changes. In Hampton Roads, the EPA has been a key partner in pushing for more stringent air quality standards and better monitoring of coal dust pollution.

Coal Dust

While the agency can regulate emissions from stationary and mobile sources, but it generally does not directly regulate railroads (which are regulated by the Surface Transportation Board and Federal Railroad Administration). Rather, the EPA sets particulate matter standards and funds monitoring programs that track coal dust. In Hampton Roads, EPA grants have supported efforts like the Tidewater Air Monitoring Evaluation (TAME) project.

Other Relevant EPA Rules

Revisions to Preemption Regulations for Locomotives and Locomotive Engines (11/01/2023)

• While the federal government retains exclusive authority over emissions standards for new locomotives and engines, the rule allows states to regulate emissions from non-new (i.e., existing or older) locomotives and engines.
• Reverses a 25-year policy that broadly preempted such state action, thereby addressing a longstanding regulatory gap that disproportionately affected communities near rail yards exposed to high levels of diesel pollution.
• However, applies specifically to engine emissions under the Clean Air Act and does not cover non-engine sources like coal dust. While the language of the rule references "locomotives and engines," its substance is focused on engine-related emissions only

Documents

Federal Register, Vol. 88, No. 215, November 8, 2023