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 are described here.

Virginia Department of Environmental Quality (VA DEQ)

The VA 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 VA DEQ is the primary agency responsible for coal dust regulation.

• Role: 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 Function: 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.
• 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.

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 VA DEQ and other state agencies to assess and address the health impacts of hazards, including 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 could potentially be used by community organizations to establish the links between coal dust pollution and health issues, which in turn would strengthen 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 including PM_2.5 and PM₁₀. 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 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.

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.