U.S. Environmental Protection Agency (EPA): Difference between revisions

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The [https://www.epa.gov/ 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 [https://www.epa.gov/ 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.  


EPA activities in Virginia managed under the [https://www.epa.gov/aboutepa/epa-region-3-mid-atlantic Mid-Atlantic Region 3 Office], which encompasses: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia and 7 federally recognized tribes.  
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.


=== Contact Information ===
Because the 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.


* 215-814-5000, or 800-438-2474 in the Region 3 states
=== Region 3 (Mid-Atlantic) Office ===
* Use an online form to submit comments
EPA activities in Virginia are managed by the [https://www.epa.gov/aboutepa/epa-region-3-mid-atlantic Region 3 (Mid-Atlantic) Office], which encompasses: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia, and seven federally recognized tribes.
* Hotlines:
** Main EPA hotlines page
** Business Assistance - 800-228-8711
** Superfund - 800-553-2509
* '''Emergencies:''' To report spills and environmental violations, call the National Response Center at 1-800-424-8802
* Freedom of Information (FOIA) requests


Residents with environmental concerns can contact EPA Region 3 staff through a variety of methods:<ref>[https://www.epa.gov/aboutepa/forms/contact-epas-region-3-office Contact EPA's Region 3 Office], May 19, 2025.</ref>
* '''Phone:''' 215-814-5000 or 1-800-438-2474 (toll-free) in the Region 3 states.
* '''Hotlines:''' The [https://www.epa.gov/aboutepa/epa-hotlines 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 [https://echo.epa.gov/report-environmental-violations 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 [https://www.epa.gov/foia/submit-foia-request-0 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 ===
=== Air quality ===
The U.S. Clean Air Act and its amendments requires that people be protected from harmful air pollution. In passing the Clean Air Act
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 [[Regulation under the Clean Air Act|National Ambient Air Quality Standards (NAAQS]]), including for [[Particulate matter and coal dust|PM<sub>2.5</sub>]] and [[Particulate matter and coal dust|PM<sub>10</sub>]], 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 (VA DEQ)|Virginia Department of Environmental Quality (VADEQ)]] [[Tidewater Air Monitoring Evaluation (TAME)]], and sets emissions standards for vehicles and locomotives (not coal-filled railcars).


national environmental standards, including those related to air quality and pollutants including [[Particulate matter and coal dust|PM<sub>2.5</sub> and PM<sub>10</sub>]]. The EPA sets the [[Regulation under the Clean Air Act|National Ambient Air Quality Standards (NAAQS]]) and funds air monitoring projects, which can help identify the extent of coal dust pollution in the region.
=== Locomotive emissions ===
The EPA 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.<ref>[https://web.archive.org/web/20250704021752/https://earthjustice.org/press/2023/epa-provides-clarity-with-new-rule-states-can-cut-dirty-locomotive-pollution EPA Provides Clarity with New Rule: States Can Cut Dirty Locomotive Pollution. ''Earth Justice.'' November 1, 2023.] </ref>


The agency plays a critical role when state agencies fail to adequately address environmental justice concerns.
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 ===
''To read more about federal regulations of locomotives, see: [[Railroad Regulations]].''
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. <ref>[https://web.archive.org/web/20250617025204/https://www.epa.gov/external-civil-rights/federal-civil-rights-laws-including-title-vi-and-epas-non-discrimination Federal Civil Rights Laws (Including Title VI) and EPA's Non-Discrimination Regulations], October 16, 2024.</ref>


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.<ref>[https://web.archive.org/web/20250617032536/https://www.epa.gov/external-civil-rights External Civil Rights], May 7, 2025.</ref>
=== Environmental justice ===
'''Title VI:''' The EPA has authority under [https://www.justice.gov/crt/fcs/TitleVI Title VI of the Civil Rights Act] to investigate complaints of discrimination as related to environmental pollution and enforcement.<ref>[https://web.archive.org/web/20250617025204/https://www.epa.gov/external-civil-rights/federal-civil-rights-laws-including-title-vi-and-epas-non-discrimination Federal Civil Rights Laws (Including Title VI) and EPA's Non-Discrimination Regulations], October 16, 2024.</ref> This would include complaints related to coal dust pollution, which disproportionately affects Black and low-income residents in Newport News and Norfolk.


== Relevance ==
In cases where communities believe environmental enforcement is applied unequally, Title VI allows them to file complaints with the [https://www.epa.gov/external-civil-rights 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.
Community groups often turn to the EPA when state agencies, like the [[Virginia Department of Environmental Quality (VA DEQ)|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.
 
[https://www.justice.gov/crt/fcs/TitleVI Title VI] complaints to the [https://www.epa.gov/external-civil-rights 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 [https://ncejn.org/ North Carolina Environmental Justice Network (NCEJN)], [https://www.ncruralempowerment.org/ Rural Empowerment Association for Community Help (REACH)], and [https://waterkeeper.org/ 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 [https://www.justice.gov/crt/fcs/TitleVI Title VI].<ref>Earthjustice on behalf of the North Carolina Environmental Justice Network, R. E. A. f. C. H., and Waterkeeper Alliance, Inc. to the North Carolina Department of Environment and Natural Resources, Complaint Under Title VI of the Civil Rights Act of 1964, 42 U.S.C. ss 2000d, 40 C.F.R. Part 7. U. S. Environmental Protection Agency, September 3. 2014. </ref> In 2016, the organizations filed a second complaint claiming the [https://www.deq.nc.gov/ 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.<ref>Earthjustice on behalf of the North Carolina Environmental Justice Network, R. E. A. f. C. H., and Waterkeeper Alliance, Inc. to the North Carolina Department of Environment Quality (NCDEQ), Title VI Civil Rights Complaint and Petition for Relief or Sanction by North Carolina Environmental Justice Network, REACH, and Waterkeeper Alliance, Inc., Against North Carolina Department of Environmental Quality (EPA OCR File No. 11R-14-R4): Intimi- dation. U. S. Environmental Protection Agency, July 11. 2016. </ref> In 2017, the EPA sent a Letter of Concern to [https://www.deq.nc.gov/ NCDEQ], providing preliminary information on the [https://www.epa.gov/external-civil-rights EPA's External Civil Rights Compliance Office's] investigation describing evidence supporting residents’ claims.<ref>Dorka, L. S. ''Letter of Concern to William G. Ross, Jr., Acting Secretary, North Carolina Department of Environmental Quality''; United States Environmental Protection Agency, 2017, EPA File No. l 1R-14- R4 External Civil Right Compliance Office, Office of General Council.</ref> As a result, the parties entered into mediation, reaching a settlement in 2018 obligating [https://www.deq.nc.gov/ 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 [https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=1eb0fbe2bcfb4cccb3cc212af8a0b8c8 environmental justice mapping tool].<ref>Settlement Agreement between the North Carolina Environ- mental Justice Network, Rural Empowerment Association for Community Help, and Waterkeeper Alliance, Inc., (collectively, Complainants) and the North Carolina Department of Environmental Quality (DEQ or Department), 2018.</ref>
 
'''Clinton Administration (1993–2001):''' In 1994, President Clinton signed Executive Order (EO) 12898, "Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations,"<ref>[[:File:12898.pdf|Executive Order 12898]], Federal Register, Vol. 59, No. 32, February 11, 1994.</ref> which directed federal agencies, including the EPA, to identify and address disproportionate adverse health or environmental impacts of their policies or programs on communities of color and low-income communities. President Trump's 2025 EO "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" rescinded EO 12898.<ref>Executive Order: [https://www.whitehouse.gov/presidential-actions/2025/01/ending-illegal-discrimination-and-restoring-merit-based-opportunity/ Ending Illegal Discrimination and Restoring Merit-Based Opportunity], 2025.</ref>
 
'''Biden Administration (2021–2025) and Regan EPA:''' In President Biden issued EO 14096, “Executive Order on Revitalizing Our Nation's Commitment to Environmental Justice for All,”<ref name=":0">[[:File:2023-08955.pdf|Executive Order 14096]], Federal Register, Vol. 88, No. 80, April 21, 2023.</ref> which facilitated proactive and collaborative approaches and mechanisms for federal agencies, including the EPA, to work toward [[environmental justice]]. President Trump has also rescinded EO 14096.<ref name=":0" />
 
EPA Administrator Michael Regan was known as an advocate of [[environmental justice]], who "placed it at the center of our decision-making" at the EPA.<ref>[https://www.ehn.org/bidens-epa-leader-exits-as-environmental-justice-efforts-face-setbacks Biden’s EPA leader exits as environmental justice efforts face setbacks], ''Environmental Health News'', January 10, 2025.</ref> In 2021, Regan went on a "Journey to Justice" tour, a five-day trip through Jackson, Mississippi, New Orleans, Louisiana, and Houston, Texas to highlight how Black and low-income communities are adversely affected by industrial pollution and lack of environmental infrastructure.<ref>Daly, [https://apnews.com/article/business-environment-and-nature-new-orleans-race-and-ethnicity-mississippi-9f530f701cdac07a4b9bbf7540e326bc EPA Head: ‘Journey to Justice’ Tour ‘Really Personal for Me],’ Associated Press, December 3, 2021.</ref>
 
The Biden Administration made substantial grant funds available to communities with [[environmental justice]] concerns, including through programs administered by the EPA such as the [https://www.epa.gov/inflation-reduction-act/inflation-reduction-act-community-change-grants-program Inflation Reduction Act Community Change Grants Program] and [https://www.epa.gov/inflation-reduction-act/thriving-communities-grantmaking-program Thriving Communities Grantmaking Program], in which the EPA directed funds to regional hubs for disbursement.


=== Coal Dust ===
'''Second Trump Administration (2025–present) and Zeldin EPA:''' The Trump Administration and EPA Administrator Lee Zeldin have acted aggressively and illegally to undo progress toward [[environmental justice]].<ref>Azhar, [https://insideclimatenews.org/news/10032025/rollbacks-gut-environmental-justice-gains/ Rollbacks Gut Environmental Justice Gains, Former EPA Official Says], ''Inside Climate News'', March 10, 2025.</ref> Key to their efforts has been to wield [https://www.justice.gov/crt/fcs/TitleVI Title VI of the Civil Rights Act] against racial and ethnic minorities in favor of whites, claiming programs aimed at redressing racism are racist. In his 2025 EO "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" rescinded the [[environmental justice]] EOs 12898 and 14096. Zeldin has canceled EPA-issued [[environmental justice]] grants, including those from major funding initiatives of the Biden Administration. Grantees and [https://www.epa.gov/inflation-reduction-act/thriving-communities-grantmaking-program Thriving Communities Grantmaking Program] passthrough organizations have sued the EPA and won in court, with a judge ruling the EPA's termination of the [https://www.epa.gov/inflation-reduction-act/thriving-communities-grantmaking-program Thriving Communities Grantmaking Program] violated the [https://www.law.cornell.edu/wex/administrative_procedure_act Administrative Procedure Act] because Congress intended the EPA to spend those funds on [[environmental justice]] activities and projects.<ref>Guillén, [https://www.politico.com/news/2025/06/18/epa-termination-environmental-justice-grants-unlawful-00411906 Judge Rules EPA Termination of Environmental Justice Grants Was Unlawful], Politico, June 18, 2025.</ref> 
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.


== Clean Air Act ==
=== Research and grantmaking ===
The Clean Air Act gives the EPA authority to set limits on harmful pollutants, including [[Particulate matter and coal dust|particulate matter]] like coal dust, and to enforce these standards nationwide. ''To read more see: [[Regulation under the Clean Air Act]]''
[[File:Southeast CARE Coalition group tour for RESES.png|alt=Photograph of the Southeast CARE Coalition group tour for the EPA collaboration, the Regional Sustainable Environmental Science project in A Collaborative Effort to Assess Environmental Health in Newport News, Virginia, 2002.|thumb|Photograph of the Southeast CARE Coalition group tour for the Regional Sustainable Environmental Science (RESES) project from A Collaborative Effort to Assess Environmental Health in Newport News, Virginia, 2002.<ref>EPA, [[:File:A COLLABORATIVE EFFORT TO ASSESS ENVIRONMENTAL HEALTH IN NEWPORT NEWS VIRGINIA FINAL.PDF|A Collaborative Effort to Assess Environmental Health in Newport News, Virginia]], 2002.</ref>]]
In 2002, the EPA collaborated with the [[Southeast CARE Coalition|Southeast CARE (Community Action for a Renewed Environment) Coalition]] on the Regional Sustainable Environmental Science (RESES) project to produce [[:File:A COLLABORATIVE EFFORT TO ASSESS ENVIRONMENTAL HEALTH IN NEWPORT NEWS VIRGINIA FINAL.PDF|A Collaborative Effort to Assess Environmental Health in Newport News, Virginia]], as part of the [https://19january2017snapshot.epa.gov/smartgrowth/making-visible-difference-communities-virginia_.html Region 3 Office Making a Visible Difference in Communities] program. The project focused on relationship building between the EPA, residents, and community organization, issue identification, and analysis of available data and models. Air quality was identified as the major environmental concern among Southeast Newport News residents.


== National Environmental Policy Act (NEPA) ==
''TAME''
NEPA requires Federal agencies to assess the environmental effects of proposed major Federal actions prior to making decisions.<ref>[https://web.archive.org/web/20250708033013/https://ceq.doe.gov/ NEPA.gov.] 2025.</ref>


NEPA established Council of Environmental Quality (CEQ) within the Executive Office of the President to ensure that Federal agencies meet their obligations under NEPA. CEQ oversees NEPA implementation, principally through issuing guidance and interpreting regulations that implement NEPA's procedural requirements. However, on January 20, 2025, President Trump issued Executive Order (E.O.) 14154, Unleashing American Energy, which directed CEQ to propose rescinding CEQ’s NEPA regulations and to provide guidance on implementing NEPA. CEQ published an Interim Final Rule on February 25, 2025 in response to this direction.<ref>[https://web.archive.org/web/20250708033249/https://www.federalregister.gov/documents/2025/02/25/2025-03014/removal-of-national-environmental-policy-act-implementing-regulations Removal of National Environmental Policy Act Implementing Regulations.] ''Federal Register.'' 25 February 2025. </ref>
''Failed proposal by city''


== Other Relevant EPA Rules ==
== Relevance ==
'''Revisions to Preemption Regulations for Locomotives and Locomotive Engines (11/01/2023)''' <ref>[https://voicesinthedust.org/File:2023-24513.pdf Federal Register. Vol. 88, No. 215. November 8, 2023.]</ref>
Community organizations often turn to the EPA when state agencies, like the [[Virginia Department of Environmental Quality (VA DEQ)|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.  


* 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.
''Sierra Club petition''
* 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.<ref>[https://web.archive.org/web/20250704021752/https://earthjustice.org/press/2023/epa-provides-clarity-with-new-rule-states-can-cut-dirty-locomotive-pollution EPA Provides Clarity with New Rule: States Can Cut Dirty Locomotive Pollution. ''Earth Justice.'' November 1, 2023.] </ref>
* 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 ==
== Documents ==
[[:File:2023-24513.pdf|Federal Register. Vol. 88, No. 215. November 8, 2023.]]
 
* [[:File:12898.pdf|Executive Order 12898, Federal Register, Vol. 59, No. 32, February 11, 1994]]
* [[:File:A COLLABORATIVE EFFORT TO ASSESS ENVIRONMENTAL HEALTH IN NEWPORT NEWS VIRGINIA FINAL.PDF|A Collaborative Effort to Assess Environmental Health in Newport News, Virginia, 2002]]
* [[:File:2023-08955.pdf|Executive Order 14096, Federal Register, Vol. 88, No. 80, April 21, 2023]]
* [[:File:2023-24513.pdf|Federal Register, Vol. 88, No. 215, November 8, 2023]]


== References ==
== References ==

Latest revision as of 00:45, 23 July 2025

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 the 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:[1]

  • 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 PM2.5 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 railcars).

Locomotive emissions

The EPA 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.[2]

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.

To read more about federal regulations of locomotives, see: Railroad Regulations.

Environmental justice

Title VI: The EPA has authority under Title VI of the Civil Rights Act to investigate complaints of discrimination as related to environmental pollution and enforcement.[3] 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.[4] 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.[5] 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.[6] As a result, the parties entered into mediation, reaching a settlement in 2018 obligating 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.[7]

Clinton Administration (1993–2001): In 1994, President Clinton signed Executive Order (EO) 12898, "Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations,"[8] which directed federal agencies, including the EPA, to identify and address disproportionate adverse health or environmental impacts of their policies or programs on communities of color and low-income communities. President Trump's 2025 EO "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" rescinded EO 12898.[9]

Biden Administration (2021–2025) and Regan EPA: In President Biden issued EO 14096, “Executive Order on Revitalizing Our Nation's Commitment to Environmental Justice for All,”[10] which facilitated proactive and collaborative approaches and mechanisms for federal agencies, including the EPA, to work toward environmental justice. President Trump has also rescinded EO 14096.[10]

EPA Administrator Michael Regan was known as an advocate of environmental justice, who "placed it at the center of our decision-making" at the EPA.[11] In 2021, Regan went on a "Journey to Justice" tour, a five-day trip through Jackson, Mississippi, New Orleans, Louisiana, and Houston, Texas to highlight how Black and low-income communities are adversely affected by industrial pollution and lack of environmental infrastructure.[12]

The Biden Administration made substantial grant funds available to communities with environmental justice concerns, including through programs administered by the EPA such as the Inflation Reduction Act Community Change Grants Program and Thriving Communities Grantmaking Program, in which the EPA directed funds to regional hubs for disbursement.

Second Trump Administration (2025–present) and Zeldin EPA: The Trump Administration and EPA Administrator Lee Zeldin have acted aggressively and illegally to undo progress toward environmental justice.[13] Key to their efforts has been to wield Title VI of the Civil Rights Act against racial and ethnic minorities in favor of whites, claiming programs aimed at redressing racism are racist. In his 2025 EO "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" rescinded the environmental justice EOs 12898 and 14096. Zeldin has canceled EPA-issued environmental justice grants, including those from major funding initiatives of the Biden Administration. Grantees and Thriving Communities Grantmaking Program passthrough organizations have sued the EPA and won in court, with a judge ruling the EPA's termination of the Thriving Communities Grantmaking Program violated the Administrative Procedure Act because Congress intended the EPA to spend those funds on environmental justice activities and projects.[14]

Research and grantmaking

Photograph of the Southeast CARE Coalition group tour for the EPA collaboration, the Regional Sustainable Environmental Science project in A Collaborative Effort to Assess Environmental Health in Newport News, Virginia, 2002.
Photograph of the Southeast CARE Coalition group tour for the Regional Sustainable Environmental Science (RESES) project from A Collaborative Effort to Assess Environmental Health in Newport News, Virginia, 2002.[15]

In 2002, the EPA collaborated with the Southeast CARE (Community Action for a Renewed Environment) Coalition on the Regional Sustainable Environmental Science (RESES) project to produce A Collaborative Effort to Assess Environmental Health in Newport News, Virginia, as part of the Region 3 Office Making a Visible Difference in Communities program. The project focused on relationship building between the EPA, residents, and community organization, issue identification, and analysis of available data and models. Air quality was identified as the major environmental concern among Southeast Newport News residents.

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

Documents

References

  1. ↑ Contact EPA's Region 3 Office, May 19, 2025.
  2. ↑ EPA Provides Clarity with New Rule: States Can Cut Dirty Locomotive Pollution. Earth Justice. November 1, 2023.
  3. ↑ Federal Civil Rights Laws (Including Title VI) and EPA's Non-Discrimination Regulations, October 16, 2024.
  4. ↑ Earthjustice on behalf of the North Carolina Environmental Justice Network, R. E. A. f. C. H., and Waterkeeper Alliance, Inc. to the North Carolina Department of Environment and Natural Resources, Complaint Under Title VI of the Civil Rights Act of 1964, 42 U.S.C. ss 2000d, 40 C.F.R. Part 7. U. S. Environmental Protection Agency, September 3. 2014.
  5. ↑ Earthjustice on behalf of the North Carolina Environmental Justice Network, R. E. A. f. C. H., and Waterkeeper Alliance, Inc. to the North Carolina Department of Environment Quality (NCDEQ), Title VI Civil Rights Complaint and Petition for Relief or Sanction by North Carolina Environmental Justice Network, REACH, and Waterkeeper Alliance, Inc., Against North Carolina Department of Environmental Quality (EPA OCR File No. 11R-14-R4): Intimi- dation. U. S. Environmental Protection Agency, July 11. 2016.
  6. ↑ Dorka, L. S. Letter of Concern to William G. Ross, Jr., Acting Secretary, North Carolina Department of Environmental Quality; United States Environmental Protection Agency, 2017, EPA File No. l 1R-14- R4 External Civil Right Compliance Office, Office of General Council.
  7. ↑ Settlement Agreement between the North Carolina Environ- mental Justice Network, Rural Empowerment Association for Community Help, and Waterkeeper Alliance, Inc., (collectively, Complainants) and the North Carolina Department of Environmental Quality (DEQ or Department), 2018.
  8. ↑ Executive Order 12898, Federal Register, Vol. 59, No. 32, February 11, 1994.
  9. ↑ Executive Order: Ending Illegal Discrimination and Restoring Merit-Based Opportunity, 2025.
  10. ↑ 10.0 10.1 Executive Order 14096, Federal Register, Vol. 88, No. 80, April 21, 2023.
  11. ↑ Biden’s EPA leader exits as environmental justice efforts face setbacks, Environmental Health News, January 10, 2025.
  12. ↑ Daly, EPA Head: ‘Journey to Justice’ Tour ‘Really Personal for Me,’ Associated Press, December 3, 2021.
  13. ↑ Azhar, Rollbacks Gut Environmental Justice Gains, Former EPA Official Says, Inside Climate News, March 10, 2025.
  14. ↑ Guillén, Judge Rules EPA Termination of Environmental Justice Grants Was Unlawful, Politico, June 18, 2025.
  15. ↑ EPA, A Collaborative Effort to Assess Environmental Health in Newport News, Virginia, 2002.
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