September 26, 2023 - Today, Sierra Club, Public Justice, and many frontline community groups from around the nation filed a petition for rulemaking with EPA, calling upon the agency to stop harmful coal pollution from open-top trains carrying coal by requiring operators to obtain a permit for their water pollution.
Today’s petition presents powerful evidence that harmful coal pollution can escape from open-top coal trains in transit, polluting waterways and air with coal and coal dust that contains dangerous toxins, including arsenic, cadmium, chromium, and mercury. The petition also includes the most comprehensive scientific review to date of the environmental impacts of unburned coal in water. Under the Clean Water Act, EPA has the authority to regulate water pollution from “point sources,” including “rolling stock” open-top railcars.
The petition builds on the Sierra Club’s earlier success in litigating, and ultimately settling, a lawsuit against BNSF Railway alleging that the company was violating the Clean Water Act by discharging coal chunks and dust from its open-top rail cars into adjacent waterways when transporting coal from the Powder River Basin through Washington State.
Coal dust from rail cars also causes significant air pollution, and the proposed solution – a permit requiring the open-top coal cars to be covered – would also address the air pollution problem. Exposure to coal dust from the trains can increase the risk of bronchitis, asthma, heart disease, and other serious health issues. Coal dust and particles can also contaminate waterways and aquatic life, threatening public health and the livelihood of fishing communities. Despite the prevalence of coal dust across the United States, coal pollution from uncovered rail cars is largely unregulated. The petition calls upon EPA to address this loophole.
Sierra Club Environmental Law Program Managing Attorney Aaron Isherwood, Public Justice attorney Dan Snyder, and Appalachian Mountain Advocates attorney Ben Luckett filed this petition on behalf of Sierra Club, Public Justice, and numerous other environmental organizations, including Appalachian Voices, Columbia Riverkeeper, Montana Environmental Information Center, Natural Resources Defense Council, New Virginia Majority, Northern Plains Resource Council, Puget Soundkeeper Alliance, San Francisco Baykeeper, South Baltimore Community Land Trust, Yellowstone Bend Citizens Council, Southern Appalachian Mountain Stewards, and Sunflower Alliance.
ELP worked closely with the Virginia Chapter to develop this petition, especially Ann Creasy, who helped collect evidence and in coordinating with New Virginia Majority.