Railroad Regulatory Agencies

The Surface Transportation Board oversees the economic aspects of freight rail such as rates, service obligations, and access. The Federal Rail Administration regulates rail safety under the U.S. Department of Transportation, including track conditions, equipment standards, and operational practices. The U.S. Environmental Protection Agency (EPA) regulates the air emissions of new locomotives and engines, with states regulating existing and older locomotives and engines. This applies specifically to engine emissions and does not cover non-engine emissions like fugitive dust from train cars, including coal-carrying railcars.

Surface Transportation Board (STB)

Role

The Surface Transportation Board (STB) is an independent federal agency responsible for the regulation of the economic aspects of freight railroads, including oversight of rail rates, service disputes, mergers, and access to rail infrastructure. The STB is supposed to ensure fair competition between railroad companies, resolve shipper complaints, and adjudicate 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.

The STB has jurisdiction over railroad rates, practices, service issues, and rail restructuring transactions like mergers, line sales, line construction, and line abandonments. STB oversees railroad company mergers, such as the proposed deal between Norfolk Southern and Union Pacific in 2025. The STB also has jurisdiction over certain passenger rail matters, the intercity bus industry, non-energy pipelines, carriers' tariffs on household goods, and rate regulation of marine freight shipping.

Relevance

The STB's jurisdiction over the economic operations of freight railroads includes coal shipments to terminals in the Port of Virginia and through the Dominion Terminal Associates, Kinder Morgan Bulk Terminals, and Norfolk Southern Pier 6 Terminal. CSX and Norfolk Southern 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 by rail and its impacts, potentially including community concerns about dust emissions along rail corridors.

Office of Environmental Analysis

The STB Office of Environmental Analysis (OEA) is responsible for directing the environmental review process as related to STB's activities. This involves conducting independent analysis as related to the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) when proposed rail operations or rail infrastructure changes could have significant environmental impacts. This evaluation includes evaluating air quality and community health concerns.

The last time the OEA conducted an environmental review in the Hampton Roads region was in 1998 when CSX and Norfolk Southern agreed to acquire and split the assets of Conrail. While the OEA has the authority to review environmentally significant rail proposals, it has not yet directly applied NEPA analysis to freight coal operations or their dust emissions.

Federal Railroad Administration (FRA)

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 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.