Regulatory Agencies

Several state and federal agencies have been tasked with managing coal dust pollution, but their responses to the concerns of Hampton Roads residents have often been criticized for inadequacy or insufficient enforcement. The key regulatory agencies involved include:

Virginia Department of Environmental Quality (DEQ)

The DEQ plays a pivotal role in regulating air, water, and waste management in Virginia, including overseeing the environmental permits for facilities that handle coal and other pollutants. In Hampton Roads, the DEQ is the primary agency responsible for coal dust regulation.

• Role: As the state agency charged with managing environmental permitting and monitoring, the DEQ issues permits for coal-handling facilities and is responsible for monitoring air quality and pollution levels in the region. Specifically, the DEQ is involved in initiatives like the TAME Project, which assesses the health and environmental impacts of coal dust exposure in Hampton Roads. The DEQ also plays a critical role in ensuring compliance with air quality standards, investigating violations, and enforcing regulations.
• EJ Function: Historically, the DEQ had a dedicated Office of Environmental Justice, which was tasked with addressing the disproportionate environmental burdens faced by marginalized communities. However, under the current administration, this office has been significantly downgraded. This has led to concerns that environmental justice issues, including those related to coal dust, are not being adequately addressed.
• Relevance: The DEQ is both a site of community frustration and a platform for advocacy. Activists and impacted residents have long criticized the agency for its slow response to coal dust complaints and its failure to implement more stringent controls on coal handling and transportation. Despite this, the DEQ remains a critical agency for addressing coal dust pollution in Hampton Roads, and continued community pressure is essential for holding the agency accountable.

Virginia Department of Health (VDH)

The VDH is responsible for public health monitoring and health risk assessments related to environmental pollution, including coal dust. It works in tandem with the DEQ and other state agencies to assess and address the health impacts of environmental hazards.

• Role: The VDH conducts health risk assessments and provides data on public health outcomes related to coal dust exposure. This includes monitoring respiratory diseases like asthma, bronchitis, and other illnesses commonly linked to coal dust pollution. The department collaborates with community organizations to conduct health assessments in affected areas, providing crucial data to support advocacy for stronger environmental protections.
• Relevance: VDH's data is frequently used by community groups to establish the links between coal dust pollution and health issues, which in turn strengthens the case for regulatory reform. The VDH’s involvement is particularly critical in highlighting the disproportionate health impacts faced by low-income and minority communities in Hampton Roads. However, the agency has faced criticism for not doing enough to advocate for stronger public health protections in the face of mounting evidence of health risks.

U.S. Environmental Protection Agency (EPA)

The EPA is the federal agency responsible for enforcing national environmental standards, including those related to air quality and pollutants like coal dust. The agency plays a critical role when state agencies fail to adequately address environmental justice concerns.

• Role: 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. The EPA also sets National Ambient Air Quality Standards (NAAQS) and funds air monitoring projects, which can help identify the extent of coal dust pollution in the region.
• Relevance: Community groups often turn to the EPA when state agencies, like the 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.

Local Government Bodies (City Councils, Planning Commissions, and Boards of Health)

Local government agencies, including city councils, planning commissions, and boards of health, play a significant role in zoning decisions, public health initiatives, and setting local environmental policies.

• Role: While constrained by Dillon’s Rule, which limits the authority of local governments in Virginia, these bodies are still vital in influencing zoning decisions and passing local ordinances related to environmental protection. City councils, in particular, can hold public hearings where residents can voice their concerns about coal dust pollution, and they have the power to propose local regulations to mitigate the effects of coal dust.
• Relevance: Although local governments are often limited in their ability to directly regulate coal dust, they serve as a critical platform for community advocacy. Many grassroots coalitions begin their work at the local level, pushing for stronger protections and raising awareness about the health risks of coal dust. These local bodies can help build momentum for broader state and federal-level reforms.

State Legislative and General Assembly Involvement

The Virginia General Assembly, through state legislators, plays an essential role in shaping environmental policy and regulations related to coal dust. While the DEQ and VDH are the primary regulatory agencies, state lawmakers have the authority to pass legislation that can strengthen environmental protections or direct funding to address pollution.

• Role: The General Assembly can propose bills to enhance environmental regulations, improve public health monitoring, and ensure that coal dust exposure is addressed as a priority. Legislators have the power to influence the DEQ’s funding, mandate stricter air quality standards, and advocate for coal dust-related health research and mitigation measures.
• Relevance: The effectiveness of the state legislative response to coal dust issues has been mixed. While some legislators have been vocal about the need for stronger protections for impacted communities, others have been resistant to increasing regulatory burdens on the coal industry. Activists and impacted residents continue to engage with legislators to push for stronger environmental justice measures, particularly those that address the long-standing environmental burdens on low-income and minority communities in Hampton Roads.

Virginia Environmental Justice Advisory Board

The Virginia Environmental Justice Advisory Board (EJAB) is a state-level body that provides advice to the Governor and the DEQ on issues of environmental justice. The board's mandate is to ensure that the environmental concerns of marginalized communities are considered in the development of state policies and programs.

• Role: The EJAB’s role includes advising on the implementation of environmental justice principles in state policy, as well as making recommendations for improving the protection of communities disproportionately impacted by pollution. The board provides a platform for communities to raise concerns about issues like coal dust and offers policy recommendations to address these concerns.
• Relevance: The EJAB plays a crucial role in amplifying the voices of impacted communities in Hampton Roads and ensuring that their concerns are taken into account at the state level. However, the board's ability to enact change is often limited by political and institutional constraints. Despite these challenges, the EJAB serves as an important vehicle for advocating for stronger protections and for ensuring that environmental justice issues are not overlooked in state policy development.

Virginia Air Pollution Control Board

The Virginia Air Pollution Control Board (APCB) is the body responsible for adopting regulations related to air quality and emissions standards in the state. It plays an important role in setting the regulatory framework for coal dust and other airborne pollutants.

• Role: The APCB has the authority to establish air quality standards, including those related to coal dust. It reviews and approves permits for coal-handling facilities and is responsible for ensuring that air quality standards are met. The board also has the power to implement stricter controls on emissions if warranted by the data on coal dust pollution.
• Relevance: The APCB has faced criticism for its failure to adopt more stringent regulations to control coal dust pollution in Hampton Roads. Advocacy groups have called for the board to implement stronger air quality standards and for more aggressive action to reduce coal dust exposure. Given its regulatory authority, the APCB plays a key role in determining how effectively Virginia addresses coal dust pollution in the future.

Addressing coal dust in Hampton Roads requires a multi-faceted approach, involving both community pressure and engagement with regulatory bodies, the state legislature, and local governments. Through advocacy and persistent action, impacted residents, activists, and organizations are calling for stronger enforcement, better health protections, and more robust environmental justice policies to mitigate the long-term health impacts of coal dust exposure.