Air Permits
Overview
The U.S. Clean Air Act requires permits for new, modified, and/or major air emission sources. In Virginia, air permitting is the shared responsibility of the Virginia Department of Environmental Quality (VA DEQ) and U.S. Environmental Protection Agency (EPA) Region 3. Air permits determine limits on the amount and type of emissions allowed, any monitoring requirements, and required operational controls and/or equipment for minimizing the environmental and public health impacts of air pollution.
The U.S. EPA has two major, relevant air emissions permitting programs: New Source Review (NSR) Permits and Title V Operating Permits.
In Southeast Newport News, Dominion Terminal Associates and Kinder Morgan Bulk Terminals, each have one NSR permit related to coal dust emissions. Kinder Morgan Bulk Terminals has a second NSR permit for the other bulk commodities it handles in addition to coal, particularly cement.
In Lambert's Point, Norfolk Southern has one NSR permit and only handles coal.
Virginia municipalities can additionally require so-called conditional use permits (CUP). The need for a CUP is based on the specific zoning category where a facility is located.[1][2] Because the coal terminals in Southeast Newport News and Lambert's Point operate within "industrial" zoning districts, where coal handling is an allowed use by right rather than a conditional use, CUPs are not required.
New Source Review (NSR) Permits
Permitting
The VA DEQ has a variety of permit categories as part of their efforts to comply with U.S. EPA air emissions permitting requirements. The specific type of permit that regulates emissions of fine particulate matter (PM2.5) and coarse particulate matter (PM10), also known as dust, for coal terminals in Southeast Newport News and Lambert's Point is the minor new source review (NSR) permit.[3]
Minor NSR permits are required for new facilities or for any project at an existing facility that includes the addition, modification, or replacement of a component at that facility related to air emissions that:
- emit lass than 100 tons per year of criteria pollutants, including PM2.5 and PM10,
- emit air toxins above state toxic exemption standards, or
- that are not exempt through the Virginia Administrative Code, Permits for New and Modified Stationary Sources.[4]
If a permit is required, it must be obtained before any activity on the project can begin.[3]
Minor NSR permits do not have a mandatory period of open public comment or public hearing. This is unless the facility has the "potential for public interest concerning air quality issues," which is determined according to the discretion of the Virginia Air Pollution Control Board (APCB).
Minor NSR permits do not expire.[3]
Enforcement
Permit compliance is enforced through scheduled routine inspections and inspections in response to residents' complaints to the VA DEQ. Routine inspection reports and inspections in response to residents' complaints are archived separately:
EPA Title V Operating Permits
Title V of the U.S. Clean Air Act requires states to issue operating air permits for "major sources" and other sources that fall under Title V.[5] Major sources are defined as those facilities that emit more than 100 tons per year of a criteria pollutant, including PM2.5 and PM10, or 70 tons per year of PM10 in a region in serious non-attainment of the National Ambient Air Quality Standards (NAAQS) for PM10.
Title V permits are typically valid for five years and must then be renewed.[6] In Virginia, Title V permits can be issued by the VA DEQ, called "Clean Air Act part 70" permits or the U.S. EPA, called "Clean Air Act part 71" permits.
EPA Title V permits are not required for any of the coal terminals in the Port of Virginia.
Resources and Materials: See for Yourself and Dig Deeper
Dominion Terminal Associates
Tax Exemption Request (Dominion Terminal Associates), Virginia State Air Pollution Control Board, February 7, 1984
Tax Exemption Request (Dominion Terminal Associates), Virginia State Air Pollution Control Board, February 27, 1991
Air Permit (Dominion Terminal Associates), Virginia Department of Environmental Quality, July 17, 2012
Air Detailed Plant View (Dominion Terminal Associates), U.S. EPA, 2025
Permit Applications
Air Permit Source Action Report (Dominion Terminal Associates), Virginia State Air Pollution Control Board, September 9, 1992
Air Permit Application (Dominion Terminal Associates), Virginia Department of Environmental Quality, October 15, 2002
Air Permit Application (Dominion Terminal Associates), Virginia Department of Environmental Quality, May 7, 2004
Air Permit Application (Dominion Terminal Associates), Virginia Department of Environmental Quality, April 20, 2006
Air Permit Application (Dominion Terminal Associates), Virginia Department of Environmental Quality, May 1, 2012
Air Permit-Related Correspondence, Reports, and Air Monitoring Data
Air Monitoring Data Report (Dominion Terminal Associates), Virginia State Air Pollution Control Board, March 12, 1992
Air Monitoring Data Report (Dominion Terminal Associates), Virginia State Air Pollution Control Board, June 19, 1992
Air Monitoring Data Report with Monitor Location Map (Dominion Terminal Associates), April 6, 2012
Air Monitoring Data (Dominion Terminal Associates), December 7, 2015
Air Monitoring Data with Discussion of Higher PM10 Concentration Measurements (Dominion Terminal Associates), December 7, 2015
Air Permit-Related Correspondence (Dominion Terminal Associates), Virginia State Air Pollution Control Board, September 19, 1980
Air Permit-Related Correspondence (Dominion Terminal Associates), Virginia State Air Pollution Control Board, September 10, 1981
Air Permit-Related Correspondence (Dominion Terminal Associates), Virginia State Air Pollution Control Board, May 8, 1984
"Subsequent contact with your personnel confirmed the lack of any potential to adequately control these emissions. A significant sample of coal dust was collected in the nearby housing area. A check of the prevailing winds/velocities and bearing give strong indications that your facility was a major contributor to these coal dust emissions."
—Ramon P. Minx, Director, Region VI, Virginia Air Pollution Control Board
Air Permit-Related Correspondence with TRC Environmental Consultants, Inc. (Dominion Terminal Associates), October 18, 1989
Air Permit-Related Correspondence (Dominion Terminal Associates), Virginia State Air Pollution Control Board, 1992
Air Permit-Related Correspondence (Dominion Terminal Associates), Virginia Department of Environmental Quality, February 4, 2000
Air Permit-Related Correspondence (Dominion Terminal Associates), Virginia Department of Environmental Quality, February 4, 2000
Air Permit-Related Correspondence (Dominion Terminal Associates), Virginia Department of Environmental Quality, August 5, 2004
Air Permit-Related Correspondence (Dominion Terminal Associates), Virginia Department of Environmental Quality, August 14, 2006
Air Permit-Related Correspondence (Dominion Terminal Associates), Virginia Department of Environmental Quality, September 1, 2006
Air Permit-Related Correspondence for a Dumper Outage (Dominion Terminal Associates), Virginia Department of Environmental Quality, July 28, 2011
Air Permit-Related Correspondence Regarding Facility Plans for an Upcoming Storm (Dominion Terminal Associates), Virginia Department of Environmental Quality, August 28, 2011
Air Permit-Related Correspondence Regarding Facility Plans for an Upcoming Storm (Dominion Terminal Associates), Virginia Department of Environmental Quality, September 22, 2011
Air Permit-Related Correspondence Regarding Facility Plans Following a Storm (Dominion Terminal Associates), Virginia Department of Environmental Quality, September 22, 2011
Air Permit-Related Correspondence (Dominion Terminal Associates), Virginia Department of Environmental Quality, August 13, 2015
Annual Update Report, Includes Air Monitoring Data (Dominion Terminal Associates), Virginia Department of Environmental Quality, 2011
Annual Update Report, Includes Air Monitoring Data (Dominion Terminal Associates), Virginia Department of Environmental Quality, 2023
Correspondence Requesting Tax Certification (Dominion Terminal Associates), Virginia State Air Pollution Control Board, February 8, 1984
Correspondence between State Senator Robert Scott and the Virginia Air Pollution Control Board on Air Sampling in Southeast Newport News (Dominion Terminal Associates), July 3, 1984
Dust Mitigation Correspondence (Dominion Terminal Associates), Virginia State Air Pollution Control Board, August 24, 1987
Air Monitoring Data Report (Dominion Terminal Associates), IIT Research Institute, October 5, 1989
"Raw coal represented 49% (40 μg/m3), 44% (52 μg/m3) and 27% (16 μg/m3) of the sample mass in the three full analysis samples with the highest PM10 levels, and 18% (4 μg/m3) of the sample mass in the low PM10 concentration sample (see Table 1). The mean particle size of the coal in each of the four samples was 8 μm."
—IIT Research Institute on PM10 Samples Collected near Dominion Terminal Associates
Permit Check List (Dominion Terminal Associates), May 1, 2012
Draft Permits
Superseded Air NSR Permit (Dominion Terminal Associates), Virginia State Air Pollution Control Board, October 14, 1981
Superseded Air NSR Permit Amendment (Dominion Terminal Associates), Virginia State Air Pollution Control Board, January 7, 1988
Superseded Air NSR Permit (Dominion Terminal Associates), Virginia Department of Air Pollution Control, January 5, 1990
Superseded Air NSR Permit (Dominion Terminal Associates), Virginia Department of Air Pollution Control, September 22, 1992
Superseded Air NSR Permit (Dominion Terminal Associates), Virginia Department of Environmental Quality, February 14, 2000
Amended page (Dominion Terminal Associates), Virginia Department of Environmental Quality, July 7, 2000
Superseded Air NSR Permit Amendment (Dominion Terminal Associates), Virginia Department of Environmental Quality, December 23, 2002
Air Draft Permit (Dominion Terminal Associates), Virginia Department of Environmental Quality, March 25, 2004
Superseded Air NSR Permit Amendment (Dominion Terminal Associates), Virginia Department of Environmental Quality, September 13, 2004
Air Draft Permit (Dominion Terminal Associates), Virginia Department of Environmental Quality, August 2006
Air Draft Permit (Dominion Terminal Associates), Virginia Department of Environmental Quality, September 1, 2006
Air NSR Permit Amendment (Dominion Terminal Associates), Virginia Department of Environmental Quality, September 20, 2006
Massey Terminal
Air Draft Permit with Internal Memorandum (Massey Terminal), Virginia State Air Pollution Control Board, July 18, 1984
Kinder Morgan Bulk Terminals
Air Permit (Kinder Morgan Bulk Terminals), Virginia Department of Environmental Quality, September 12, 2013
Air Permit (Kinder Morgan Bulk Terminals), Virginia Department of Environmental Quality, April 29, 2021
Norfolk Southern
Air Permit, (Norfolk Southern Pier 6 Terminal), Virginia Department of Air Pollution Control, April 6, 1992
Other
Internal Memorandum, Virginia State Air Pollution Control Board, August 11, 1983
"Experience during the last 3 months has shown that fugitive emissions from open coal storage piles can cause a severe air pollution problem even though the permits we have issued have directed each terminal "to institute coal pile spraying operations as soon as the piles become a source of fugitive dust." Unfortunately, once the piles become a visible source of dust it is usually too late to prevent an unacceptable concentration of coal dust downwind. In order to prevent such occurrences it is necessary to leep the surface moisture level of the pile high enough to preclude the formation of fugitive emissions once the wind comes up. Experience also has shown that portable systems to wet down the pile are inadequate for the task at hand, especially if time becomes a factor."
—Ramon P. Minx, Director, Region VI, Virginia Air Pollution Control Board
Internal Memorandum, Virginia State Air Pollution Control Board, September 14, 1983
Internal Memorandum, Virginia State Air Pollution Control Board, September 22, 1983
Internal Memorandum, Virginia State Air Pollution Control Board, February 4, 1987
"I agree that there are numerous people limping from self inflicted wounds in the foot but the one in my back is not self inflicted and this band aid is not stopping the bleeding."
—Ramon P. Minx, Director, Region VI, Virginia Air Pollution Control Board on Events at a Virginia Air Pollution Control Board Meeting on the Coal Dust Study
Internal Memorandum, Virginia State Air Pollution Control Board, February 17, 1987
"The nuisance problem from fugitive coal emissions became chronic at an adjacent housing area with both wet suppression systems in operation."
—Ramon P. Minx, Director, Region VI, Virginia Air Pollution Control Board on the Massey and Dominion Terminal Associates air permits
Internal Memorandum, Virginia State Air Pollution Control Board, March 12, 1987
Internal Memorandum, Virginia State Air Pollution Control Board, November 12, 1987
Text Message Regarding Power Outage at Dominion Terminal Associates, June 12, 2022
Permits for New and Modified Stationary Sources, Permit Exemptions, Virginia Administrative Code, November 23, 2022
Permit Procedures, State Operating Permits, General Permits, Virginia Administrative Code, November 2022
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Make an Official Complaint
You can make an official complaint to the VA DEQ Tidewater Office through myDEQ portal or by calling (757) 518-2000.
You can also register a complaint with the U.S Environmental Protection Agency (EPA) Region 3 Office ECHO tool, which allows video and photographic evidence to be uploaded as part of an observed violation.
Note, these websites might change. Voices in the Dust will try to keep this contact information up to date. However, if a link is broken, you can likely find the new page through a web search of the above information.
Sources
- ↑ Petition for Change of Zoning or Conditional Use Permit, Conditional Use Permit, Newport News, 2026.
- ↑ Conditional Use Permit, The City of Norfolk, 2026.
- ↑ 3.0 3.1 3.2 Air, VA DEQ, 2025.
- ↑ Permits for New and Modified Stationary Sources, 9VAC5-80-1105, Permit Exemptions, Virginia Administrative Code, November 23, 2022.
- ↑ Who Has to Obtain a Title V Permit? U.S. EPA, August 7, 2025.
- ↑ A Guide to the Clean Air Act Title V Operating Permit Requirements, Process, and Compliance, Transect Resource Center, 2021.