Virginia Department of Environmental Quality (VA DEQ)

Role

The Virginia Department of Environmental Quality (VA DEQ) is the state agency responsible for regulating pollution and protecting environmental quality across the Commonwealth. DEQ operates within Virginia’s executive branch of government, reporting to the Governor. VA DEQ is overseen by the Natural and Historic Resources Secretariat, who is appointed by the Governor. The agency’s Director is also appointed by the Governor, making its priorities highly sensitive to gubernatorial administrations, political ideology, and budgetary direction from the General Assembly.

For residents concerned about coal dust, this governance structure matters: DEQ does not operate independently. Its willingness to pursue aggressive enforcement, expand monitoring, or prioritize environmental justice is shaped by political leadership, legislative funding decisions, and pressure from regulated industries.The agency exists because the Virginia General Assembly established it by statute, most notably Virginia Code § 10.1-1183, which consolidated several earlier environmental agencies into a single department.

Today, DEQ employs more than 800 staff across a Central Office in Richmond and six regional offices, including the Tidewater Regional Office, which covers Norfolk, Newport News, Portsmouth, Hampton, and surrounding localities. DEQ staff are responsible for issuing permits, conducting inspections, operating monitoring programs, responding to complaints, and enforcing compliance across a wide range of environmental programs—air, water, waste, land, and energy. This breadth gives DEQ technical expertise and statewide reach, but it also means that persistent, localized problems like chronic coal dust compete with many other regulatory demands for limited staff time and resources.

In the context of coal dust, DEQ serves as the primary authority for issuing environmental permits to coal-handling facilities, overseeing air quality monitoring, and ensuring compliance with state and federal air pollution standards.

Coal terminals, rail infrastructure, and related industrial operations fall under DEQ’s jurisdiction through the Virginia Air Pollution Control Laws (Chapter 13 [§ 10.1-1300 et seq.] of Title 10.1 of the Code of Virginia which is titled "Air Pollution Control Board") and regulations adopted under the federal Clean Air Act. These regulations require permitted facilities to limit emissions, operate pollution control equipment, and comply with National Ambient Air Quality Standards (NAAQS) for particulate matter, including PM10 and PM2.5. DEQ is also responsible for investigating air quality complaints, evaluating monitoring data, and determining whether emissions constitute violations of permit conditions or regulatory thresholds.

For residents living near coal infrastructure, DEQ is often the first, and sometimes only, state agency to which coal dust concerns are formally reported.

Permitting as the Core of DEQ Authority

For coal dust, DEQ’s authority flows primarily through environmental permits. Coal terminals, bulk material handling facilities, and associated operations are regulated under the Virginia Air Pollution Control Law and federal authority delegated to the state under the Clean Air Act. DEQ issues and enforces permits pursuant to regulations adopted by the State Air Pollution Control Board and codified in Title 9 of the Virginia Administrative Code.

In Hampton Roads, this includes air permits issued to facilities such as the Norfolk Southern Lambert’s Point Coal Terminal and related infrastructure. These permits govern operational practices, emission limits, and monitoring requirements. Once a permit is issued, it becomes the primary legal framework DEQ uses to evaluate compliance. If fugitive coal dust is weakly addressed—or framed narrowly—in a permit, DEQ’s ability to respond later to resident complaints is significantly limited.

Residents can access permit documents through:

• DEQ’s Permit Search and Facility Information tools (Air Permit Search)
• The Virginia Regulatory Town Hall (for permit notices and public comment opportunities)
• DEQ regional office records requests

Permit renewals and modifications are among the most important moments when coal dust controls can be strengthened, but these processes are often technical, poorly advertised, and difficult for residents to navigate without support.

Citizen Boards and the Regulatory Framework

Although DEQ administers permits and enforces regulations, it does not write binding air quality regulations on its own. That authority rests with the State Air Pollution Control Board, a citizen board appointed by the Governor. This board adopts, amends, or repeals air pollution regulations under the Virginia Administrative Process Act. DEQ staff develop proposed regulatory language, prepare technical analyses, and make recommendations, but final decisions are made through board votes.

For coal dust, this distinction matters because:

• DEQ staff may acknowledge community concerns but still defer to existing regulations
• Stronger controls on fugitive dust require regulatory change, not just enforcement
• Public comment periods before the Air Board are one of the few formal mechanisms for residents to influence statewide standards

Notices of regulatory actions are posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations, though these venues are rarely accessible to the general public without guidance.

Monitoring, Data, and the Limits of Measurement

DEQ relies heavily on quantitative monitoring data to support its decisions. In Hampton Roads, this has included fixed air monitoring stations, short-term studies, and grant-funded projects such as the Tidewater Air Monitoring Evaluation (TAME). TAME was funded through a $526,603 EPA grant awarded to DEQ in 2022 to assess PM10 and PM2.5 concentrations and conduct health risk analyses in Southeast Newport News and Lambert’s Point, Norfolk, in partnership with the Virginia Department of Health.

Despite the funding, implementation of TAME has been repeatedly delayed, leaving a gap between acknowledged concern and actionable data. When monitoring does occur, DEQ evaluates results primarily against National Ambient Air Quality Standards (NAAQS). If PM10 or PM2.5 concentrations remain below these thresholds, DEQ often concludes that facilities are in compliance—even when coal dust is visibly present on homes, vehicles, and outdoor spaces.

A central limitation is that many monitoring technologies are not designed to detect coal dust in the size ranges or episodic patterns residents experience. This disconnect allows regulatory conclusions to contradict lived experience, undermining trust and reinforcing perceptions that monitoring functions more as institutional reassurance than community protection.

Complaints, Inspections, and Enforcement in Practice

Residents frequently encounter DEQ through the complaint process, submitting reports of coal dust accumulation, odors, or visible emissions. Complaints are formally logged and may trigger inspections by DEQ staff from the Tidewater Regional Office. However, enforcement depends on whether inspectors can document a clear violation of an existing permit or regulation at the time of inspection.

If no violation is found—often because dust releases are intermittent or fall outside narrowly defined permit conditions—cases are closed. This has produced a long-standing pattern in Hampton Roads in which complaints accumulate over years without resulting in structural changes to coal handling practices.

DEQ enforces air pollution laws under the Virginia Air Pollution Control Law, but enforcement discretion is shaped by staffing levels, evidentiary standards, and political oversight. Civil penalties and permit modifications are possible but rare in cases involving fugitive coal dust.

Environmental Justice and Institutional Constraints

DEQ’s mission and vision statements emphasize protecting the health and well-being of all Virginians, and the agency has historically acknowledged environmental justice concerns. However, environmental justice is not a binding legal standard in most permitting or enforcement decisions. Disproportionate impacts on Black and low-income communities in Norfolk and Newport News are recognized rhetorically but rarely decisive unless tied to explicit statutory requirements.

The downgrading of DEQ’s Office of Environmental Justice under recent administrations has further limited the institutional capacity to address cumulative impacts or historical inequities related to coal dust exposure.

Political Oversight and Executive Branch Dynamics

As an executive branch agency, DEQ’s leadership and citizen board appointments reflect gubernatorial priorities. Shifts in administration can significantly affect enforcement posture, regulatory ambition, and responsiveness to community concerns. Across administrations, DEQ has tended toward institutional caution—favoring procedural compliance, reliance on existing permits, and deference to economic development interests tied to ports, rail, and energy infrastructure.

Enforcement Authority and Limitations

DEQ is responsible for enforcing state air pollution regulations, including permit requirements for stationary sources such as coal terminals and associated operations. Enforcement tools include inspections, violation notices, civil penalties, and negotiated compliance agreements.

In practice, enforcement related to coal dust has often been limited by narrow regulatory definitions, reliance on facility-reported data, and the absence of monitoring technologies designed to capture fugitive dust emissions visible to residents. As a result, many community complaints are closed without corrective action, even when coal dust is plainly observable on homes, vehicles, and public spaces.

These enforcement limitations have made DEQ a focal point of community criticism, particularly when agency responses appear to contradict residents’ lived experiences.

Environmental Justice within DEQ

Historically, VA DEQ maintained a dedicated Office of Environmental Justice intended to address disproportionate environmental harms faced by marginalized and overburdened communities. This office was meant to integrate equity considerations into permitting, enforcement, and community engagement processes.

Under Governor Glenn Youngkin’s administration, however, the Environmental Justice office has been significantly downgraded. This shift has generated widespread concern among advocates and residents that environmental justice considerations—particularly those related to coal dust exposure in predominantly Black and low-income communities—are no longer meaningfully prioritized within DEQ’s decision-making processes.

For communities impacted by coal dust, this institutional rollback has reinforced perceptions that health risks and lived experience are subordinated to industrial and political interests.

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Regulatory Authority and Institutional Strengths

VA DEQ’s core strengths lie in its legal authority and technical capacity. The agency:

• Issues and enforces air pollution permits under the Virginia Air Pollution Control Law
• Implements federally delegated programs under the Clean Air Act
• Reviews emissions data, investigates complaints, and conducts inspections
• Serves as the primary interface between Virginia and the U.S. Environmental Protection Agency

In theory, DEQ has broad authority to require operational controls, mandate monitoring, impose penalties, and revise permits when pollution harms public health or violates standards. DEQ also administers federal grant funds, such as the EPA-funded TAME project, which gives the agency access to resources that could meaningfully address coal dust impacts if fully implemented.

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Institutional Limitations and Structural Constraints

Despite its formal authority, DEQ’s effectiveness in addressing coal dust is constrained by several structural limitations:

1. Delegated Federal Authority

DEQ operates many programs under federal delegation, meaning it must align with EPA rules and standards. This often results in a compliance-based approach, where meeting minimum federal thresholds is treated as sufficient—even when community members experience visible, persistent dust that falls below regulatory limits.

2. Narrow Regulatory Definitions

Coal dust often appears as fugitive emissions—dust that escapes during loading, unloading, or transport rather than through a smokestack. These emissions are notoriously difficult to regulate and monitor, and DEQ has historically relied on monitoring technologies and standards that do not capture the size, composition, or episodic nature of coal dust residents actually see and breathe.

3. Resource and Staffing Constraints

While DEQ employs over a thousand staff statewide, enforcement and inspection teams are relatively small compared to the scale of industrial activity they oversee. This limits the frequency of inspections, slows complaint response times, and encourages negotiated compliance over aggressive enforcement.

4. Political Oversight and Industry Influence

Because DEQ leadership is appointed by the Governor and funded by the General Assembly, the agency operates in a political environment where industry interests—particularly those tied to ports, rail, and energy—carry significant influence. This institutional arrangement can discourage precautionary action and reinforce deference to economic considerations over environmental justice.

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Environmental Justice and Institutional Rollback

VA DEQ’s relationship to environmental justice has shifted over time. The agency previously maintained a dedicated Office of Environmental Justice, signaling an institutional commitment to addressing disproportionate environmental burdens. Under the Youngkin administration, that office has been downgraded and its authority diminished.

This rollback has practical consequences for coal-impacted communities:

• EJ considerations are less likely to meaningfully influence permitting decisions
• Cumulative impacts and racial disparities are less likely to be analyzed
• Community engagement is more procedural than substantive

As a result, residents often experience DEQ processes as technically correct but socially disconnected, reinforcing distrust and frustration.

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What This Means for Coal Dust and EJ

Taken together, DEQ’s size, structure, and institutional positioning help explain why coal dust remains a persistent problem despite decades of complaints. DEQ has the authority to act, but that authority is exercised within a system shaped by political oversight, limited resources, narrow regulatory tools, and shifting commitments to environmental justice.

For impacted residents, this means:

• DEQ is necessary but insufficient on its own
• Sustained public pressure, documentation, and coalition-building are essential
• Federal engagement (EPA), public records requests, and coordinated advocacy often become critical leverage points

As the state agency charged with managing environmental permitting and monitoring, the VA 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 Tidewater Air Monitoring Evaluation (TAME), which plans to assess the health and environmental impacts of coal dust exposure in Southeast Newport News and Lambert's Point. The VA DEQ also plays a critical role in ensuring compliance with National Ambient Air Quality Standards (NAAQS), investigating violations, and enforcing regulations.

Environmental Justice

At one point, the VA DEQ had a dedicated Office of Environmental Justice, which was tasked with addressing the disproportionate environmental burdens faced by marginalized communities. However, under Governor Youngkin's Administration, the 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.

Enforcement

The DEQ also enforces state air pollution regulations under the Virginia Air Pollution Control Law. These regulations cover stationary sources like coal terminals, requiring them to obtain air pollution permits that specify emission standards and operational controls .

Relevance

The VA 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 VA DEQ remains a necessary agency for addressing coal dust pollution across Virginia and continued community pressure is essential for holding the agency accountable.

In 2022, the DEQ received a $526,603 EPA grant to assess air quality related to coal dust in Lambert’s Point (Norfolk) and Southeast Newport News. This funding supported the Tidewater Air Monitoring Evaluation (TAME) Project, which monitors particulate matter and other pollutants in these communities .

Documents

Hampton Roads Planning District Commission. Land and Water Quality Protection in Hampton Roads Phase II. November 2013.