State Regulations: Difference between revisions

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Added historical and descriptive information on the development, role, and approach of relevant state regulations.
 
 
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Coal dust is a serious concern for residents living near rail lines and terminals in Virginia, especially in places like Newport News, Norfolk, and Lambert’s Point. While people experience coal dust as a local, visible, and harmful issue—especially when it settles on homes, cars, and in lungs—regulation of coal dust happens mostly at the state and federal levels. That means understanding the role of '''Virginia’s environmental rules''' is key for anyone looking to protect their community.
Virginia regulates air pollution primarily through the '''Virginia Air Pollution Control Law''', administered by the [[Virginia Department of Environmental Quality (VA DEQ)|Virginia Department of Environmental Quality (DEQ)]]. Also under Virginia Air Pollution Control Law, the [[Virginia Air Pollution Control Board]] promulgates Virginia's air regulations.<ref>[https://web.archive.org/web/20250626024450/https://www.deq.virginia.gov/laws-regulations/air Air]. Virginia DEQ. 2025.</ref> These cover stationary sources, such as industrial facilities and other fixed-emission sources; mobile sources, such as vehicle emissions; and regulations to ensure that certain projects conform with federal requirements. While there are no state regulations that name coal dust, fugitive particulate emissions are subject to general particulate matter and visible emissions standards, including those from coal storage, handling, and transport.  


Virginia’s approach to environmental regulation has long emphasized compliance with federal minimum standards, with the state playing a primarily administrative role in implementing federal programs. The Virginia Department of Environmental Quality (DEQ)—established in 1993—grew out of a consolidation of state environmental functions that previously had been scattered across multiple agencies. This reorganization marked a shift toward centralized enforcement and regulatory oversight but did not expand the scope of state-level protections beyond federal requirements.Who Regulates Environmental Issues in Virginia?
Virginia incorporates and enforces [[Regulation under the Clean Air Act|National Ambient Air Quality Standards (NAAQS)]] set by the EPA, including [[Particulate matter and coal dust|PM2.5 and PM10]]. (''9VAC5-30-60 and related sections'')


The '''Virginia Department of Environmental Quality (DEQ)''' is the main state agency responsible for protecting air, water, and land. DEQ was formed in 1993 to manage environmental issues across the state. Today, it issues permits, monitors pollution, and works to make sure Virginia follows national environmental laws.
Localities may adopt their own air pollution ordinances, but only with DEQ approval, and those ordinances must be at least as strict as state law (''Code of Virginia § 10.1-1321; 9VAC5-170-150''). As a result, communities affected by coal dust in Hampton Roads often rely on a combination of state enforcement, federally funded air monitoring, and local nuisance claims to seek relief.  


When it comes to air pollution, DEQ relies heavily on '''federal air quality standards''' set by the U.S. Environmental Protection Agency. These are called the '''National Ambient Air Quality Standards (NAAQS)''' and they include limits for things like fine particles (PM2.5) and coarse dust (PM10).
== Virginia Air Pollution Control Law ==
The law requires most stationary sources of air pollution—such as coal terminals, processing plants, and bulk storage facilities—to obtain air permits through the DEQ’s permitting program. These permits, issued under state regulations aligned with the federal Clean Air Act, set enforceable limits on emissions of particulate matter and other pollutants. They also specify required control technologies (such as dust suppression systems), operating conditions, and procedures for ongoing monitoring, sampling, and public reporting.<ref>[https://web.archive.org/web/20250626023617/https://law.lis.virginia.gov/vacodefull/title10.1/chapter13/ Chapter 13. Air Pollution Control Board.]  ''Code of Virginia.'' ''2022.'' </ref>


But here’s the problem: '''Virginia does not have its own specific rules for coal dust'''. If an area meets federal air quality standards—even if residents are still breathing in harmful dust—DEQ usually won’t take further action. That leaves many affected communities without strong protections.
=== Fugitive Dust and Particulate Matter Standards ===
Virginia law regulates visible emissions and fugitive dust from facilities, including coal terminals, even if the dust doesn’t come from a smokestack. (''9VAC5-40-90; 9VAC5-50-60'')


=== Why Coal Dust Often Falls Through the Cracks ===
* Emissions must not exceed 20% opacity, meaning that no more than 20% of a background may be obscured by dust for more than six minutes in any hour ''(9VAC5-40-90 A.1).''
Coal dust pollution is hard to regulate for a few reasons:


* '''Rail transport is federally protected.''' States and cities aren’t allowed to control how freight trains operate, even when they carry uncovered coal cars through neighborhoods.
* Facilities must take “reasonable precautions” to prevent dust from becoming airborne. These may include: ''(9VAC5-40-90 B)''
* '''Coal terminals are considered stationary sources.''' But if they don’t clearly exceed federal air standards, they may not face strict dust control requirements.
** [[Chemical dust suppression: water sprinklers and chemical sealants|Using water sprays or chemical suppressants]]
* '''DEQ’s focus is mostly on large-scale emitters''', like factories or power plants with smokestacks—not on the kind of ground-level, fugitive dust that blows from piles, railcars, or conveyors.
** Paving or treating haul roads
** [[Covering the Train Cars and Dumpers|Covering trucks or railcars]]
** Minimizing drop heights during material handling


This means that even when residents are breathing coal dust, it’s hard to get a state-level response unless air monitors show violations of federal limits—which they often don’t, especially if monitors aren’t located close to where the dust is actually settling.
* Fugitive dust must not be discharged in a way that creates a “nuisance or hazard” to the public, property, or environment (9VAC5-50-90).


=== What State-Level Action ''Could'' Look Like ===
=== Air Permits and Oversight ===
Although Virginia hasn’t yet created strong protections against coal dust, '''state regulations still matter—and can be strengthened'''. Here’s how:
Facilities must obtain air [[Terminal Permits|permits]] that set specific emissions limits and require regular reporting of emissions data.
* Facilities that emit air pollutants must obtain permits from DEQ, which include emissions limits, monitoring requirements, and operating conditions. (''Code of Virginia § 10.1-1322; 9VAC5-80'')
* Major permits require a public notice and comment period before approval, giving residents a chance to weigh in. (''9VAC5-80-1170'')
Determining Compliance:
* Monitoring:  [[Particulate matter and coal dust|PM<sub>2.5</sub> and PM<sub>10</sub>]] must be measured using designated [[Air monitoring#Regulatory Air Monitoring|regulatory air monitors]]. Facilities must conduct regular monitoring and keep detailed records to demonstrate compliance with their permit conditions. (''9VAC5-80-110'')
* Inspections: The DEQ may inspect any facility, review records, and enforce violations through fines, orders, or permit revocation. (''Code of Virginia § 10.1-1307; 9VAC5-20-150'')
* While not every facility or company is required to turn in reports to state legislators, Norfolk Southern is required to submit an annual report to the [[Joint Subcommittee Studying Measures to Reduce Emissions from Coal-Carrying Railroad Cars]].


* '''Permits for terminals and facilities''' can include dust control measures, if DEQ chooses to require them or if residents push for them during public comment periods.
=== Enforcement ===
* '''Air monitoring programs''' can be expanded to collect better data in frontline communities. DEQ has the authority to install monitors and respond to community complaints.
DEQ enforces these permits through scheduled inspections, review of self-reported emissions data, and investigations of public complaints.  
* '''New state laws''' could require covered coal cars, community air monitoring, and stronger enforcement near terminals and along rail lines.
* '''Environmental justice policies''' are slowly being added to the state’s regulatory process. These could help DEQ consider the ''cumulative impacts'' of pollution in historically burdened communities.


=== A History of Missed Opportunities—and a Chance to Do Better ===
If a facility is found to be out of compliance—by exceeding emissions limits, failing to use required equipment, or neglecting reporting duties—DEQ can issue violation notices, levy civil penalties, or order corrective action. In serious or repeated cases, permits may be modified, suspended, or revoked. Additionally, the state may take action against emissions that cause injury, nuisance, or annoyance to the public, even if a permit is in place. (''Code of Virginia § 10.1-1307(C)'')
Virginia has historically taken a '''hands-off approach''' to regulating coal dust. For years, there was little political pressure to act, especially in areas seen as economically tied to coal shipping and rail. But that’s starting to change.


Community members, researchers, and advocacy groups have brought new attention to the issue. Groups like the '''Virginia Environmental Justice Collaborative''' and the '''Virginia Council on Environmental Justice''' have asked the state to take coal dust pollution more seriously. Residents have testified, shared data, and submitted complaints to DEQ.
== Further Reading ==
 
''To read about other VA regulatory agencies and government entities, see:''  
Although change has been slow, every new report, petition, or testimony helps shift the conversation.
* [[State Legislature and General Assembly|''Virginia State Legislature (Also Known as the General Assembly)'']]
 
* ''[[Virginia Council on Environmental Justice ( FKA Environmental Justice Advisory Board|Virginia Council on Environmental Justice (Formerly Known as the Environmental Justice Advisory Board]])''
=== Why This Matters for Community Action ===
* [[Virginia Department of Environmental Quality (VA DEQ)|''Virginia Department of Environmental Quality (VA DEQ)'']]
State regulation isn’t a perfect tool—but it’s a powerful one. Even though DEQ doesn’t currently have coal dust-specific rules, '''communities can still engage the system to push for better protections'''. That means:
* [[Virginia Department of Health (VDH)|''Virginia Department of Health (VDH)'']]
 
* [[Virginia Air Pollution Control Board|''Virginia Air Pollution Control Board'']]
* '''Attending DEQ hearings'''
* '''Submitting public comments'''
* '''Requesting air monitors'''
* '''Meeting with legislators'''
* '''Using state reports and data to support local advocacy'''
 
Understanding how Virginia’s regulatory system works—and where it falls short—can help communities organize more effectively. The system wasn’t built with environmental justice in mind, but it can be pushed in that direction through public pressure and collective action.

Latest revision as of 03:25, 26 June 2025

Virginia regulates air pollution primarily through the Virginia Air Pollution Control Law, administered by the Virginia Department of Environmental Quality (DEQ). Also under Virginia Air Pollution Control Law, the Virginia Air Pollution Control Board promulgates Virginia's air regulations.[1] These cover stationary sources, such as industrial facilities and other fixed-emission sources; mobile sources, such as vehicle emissions; and regulations to ensure that certain projects conform with federal requirements. While there are no state regulations that name coal dust, fugitive particulate emissions are subject to general particulate matter and visible emissions standards, including those from coal storage, handling, and transport.

Virginia incorporates and enforces National Ambient Air Quality Standards (NAAQS) set by the EPA, including PM2.5 and PM10. (9VAC5-30-60 and related sections)

Localities may adopt their own air pollution ordinances, but only with DEQ approval, and those ordinances must be at least as strict as state law (Code of Virginia § 10.1-1321; 9VAC5-170-150). As a result, communities affected by coal dust in Hampton Roads often rely on a combination of state enforcement, federally funded air monitoring, and local nuisance claims to seek relief.

Virginia Air Pollution Control Law

The law requires most stationary sources of air pollution—such as coal terminals, processing plants, and bulk storage facilities—to obtain air permits through the DEQ’s permitting program. These permits, issued under state regulations aligned with the federal Clean Air Act, set enforceable limits on emissions of particulate matter and other pollutants. They also specify required control technologies (such as dust suppression systems), operating conditions, and procedures for ongoing monitoring, sampling, and public reporting.[2]

Fugitive Dust and Particulate Matter Standards

Virginia law regulates visible emissions and fugitive dust from facilities, including coal terminals, even if the dust doesn’t come from a smokestack. (9VAC5-40-90; 9VAC5-50-60)

  • Emissions must not exceed 20% opacity, meaning that no more than 20% of a background may be obscured by dust for more than six minutes in any hour (9VAC5-40-90 A.1).
  • Fugitive dust must not be discharged in a way that creates a “nuisance or hazard” to the public, property, or environment (9VAC5-50-90).

Air Permits and Oversight

Facilities must obtain air permits that set specific emissions limits and require regular reporting of emissions data.

  • Facilities that emit air pollutants must obtain permits from DEQ, which include emissions limits, monitoring requirements, and operating conditions. (Code of Virginia § 10.1-1322; 9VAC5-80)
  • Major permits require a public notice and comment period before approval, giving residents a chance to weigh in. (9VAC5-80-1170)

Determining Compliance:

  • Monitoring: PM2.5 and PM10 must be measured using designated regulatory air monitors. Facilities must conduct regular monitoring and keep detailed records to demonstrate compliance with their permit conditions. (9VAC5-80-110)
  • Inspections: The DEQ may inspect any facility, review records, and enforce violations through fines, orders, or permit revocation. (Code of Virginia § 10.1-1307; 9VAC5-20-150)
  • While not every facility or company is required to turn in reports to state legislators, Norfolk Southern is required to submit an annual report to the Joint Subcommittee Studying Measures to Reduce Emissions from Coal-Carrying Railroad Cars.

Enforcement

DEQ enforces these permits through scheduled inspections, review of self-reported emissions data, and investigations of public complaints.

If a facility is found to be out of compliance—by exceeding emissions limits, failing to use required equipment, or neglecting reporting duties—DEQ can issue violation notices, levy civil penalties, or order corrective action. In serious or repeated cases, permits may be modified, suspended, or revoked. Additionally, the state may take action against emissions that cause injury, nuisance, or annoyance to the public, even if a permit is in place. (Code of Virginia § 10.1-1307(C))

Further Reading

To read about other VA regulatory agencies and government entities, see:

  1. ↑ Air. Virginia DEQ. 2025.
  2. ↑ Chapter 13. Air Pollution Control Board. Code of Virginia. 2022.
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