U.S. Environmental Protection Agency (EPA)

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To read about the Clean Air Act (which founded the EPA), see: Regulation under the Clean Air Act

Role

The EPA is the federal agency responsible for enforcing national environmental standards, including those related to air quality and pollutants including PM2.5 and PM10. The EPA sets the National Ambient Air Quality Standards (NAAQS) and funds air monitoring projects, which can help identify the extent of coal dust pollution in the region.

The agency plays a critical role when state agencies fail to adequately address environmental justice concerns.

Environmental Justice

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. [1]

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.[2]

Relevance

Community groups often turn to the EPA when state agencies, like the 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.

Coal Dust

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.

Other Important EPA Rules

Revisions to Preemption Regulations for Locomotives and Locomotive Engines

  • Final Rule: November 1, 2023 [3]
  • 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.
  • 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.[4]
  • 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

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

References

  1. ↑ Federal Civil Rights Laws (Including Title VI) and EPA's Non-Discrimination Regulations, October 16, 2024.
  2. ↑ External Civil Rights, May 7, 2025.
  3. ↑ Federal Register. Vol. 88, No. 215. November 8, 2023.
  4. ↑ EPA Provides Clarity with New Rule: States Can Cut Dirty Locomotive Pollution. Earth Justice. November 1, 2023.
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