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).

Locomotive emissions

The federal government has had exclusive authority over emissions standards for new locomotives and engines. A recent change to the rule allows states to regulate emissions from existing and older locomotives and engines. This reverses a 25-year old policy that broadly preempted such state action, opening a pathway for states to address a longstanding regulatory hurdle to protecting communities near rail yards exposed to high levels of diesel pollution.

However, this rule change applies specifically to engine emissions under the Clean Air Act and does not cover non-engine sources like fugitive dust from train cars, including coal carrying rail cars. The language of the rule references locomotives and engines, and its substance is focused on engine-related emissions only.

Environmental justice

The EPA has authority under Title VI of the Civil Rights Act to investigate complaints of discrimination as related to environmental pollution and enforcement. This would include complaints related to coal dust pollution, which disproportionately affects Black and low-income residents in Newport News and Norfolk.

In cases where communities believe environmental enforcement is applied unequally, Title VI allows them to file complaints with the EPA's External Civil Rights Compliance Office. The agency can then investigate whether permitting decisions, regulatory enforcement, or other actions by state or local agencies (as they receive federal financial assistance) have disproportionately harmed individuals on the "basis of race, color, or national origin." While the EPA cannot directly revoke permits, it can require corrective actions or withhold federal funding if violations are found.

Title VI complaints to the EPA's External Civil Rights Compliance Office have led state agencies to settle with community organizations with environmental justice concerns. For example, in 2014, the North Carolina Environmental Justice Network (NCEJN), Rural Empowerment Association for Community Help (REACH), and Waterkeeper Alliance, Inc. submitted such a complaint, alleging that industrial swine permitting and pollution disproportionately affected Black, Latino, and American Indian residents in violation of Title VI. In 2016, the organizations filed a second complaint claiming the North Carolina Department of Environmental Quality (NCDEQ) engaged in and failed to protect residents involved in the 2014 complaint from intimidation and threats of violence. In 2017, the EPA sent a Letter of Concern to NCDEQ, providing preliminary information on the EPA's External Civil Rights Compliance Office's investigation describing evidence supporting residents’ claims. The parties entered into mediation, reaching a Settlement Agreement in 2018 that obligated NCDEQ to complete an air quality study in the region, revise the Swine General Permit with community input, change its Title VI compliance programs, and develop an environmental justice mapping tool.

Biden efforts

However, the Trump Administration, reinterpret Title VI, repeal relevant EOs, cancel all EJ grants

and EPA under Administrator Lee Zeldin

Grant making

CARE Collation report

TAME

Failed proposal by city

Relevance

Community organizations often turn to the EPA when state agencies, like the VA DEQ, fail to act on local concerns. EPA involvement can bring federal pressure to bear on state and local agencies, often leading to stronger enforcement or regulatory changes.

Sierra Club petition

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.

Documents

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