Terminal air permitting and permits: Difference between revisions

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Air permitting refers to the regulatory process through which facilities that emit air pollutants, such as coal terminals, obtain official authorization to operate within legal emission limits. In Hampton Roads, Virginia, each coal terminal is required to secure and maintain air pollution permits under the Clean Air Act. These permits outline specific emission standards, monitoring requirements, and operational controls aimed at minimizing the environmental and public health impacts of airborne contaminants.
The [https://www.epa.gov/laws-regulations/summary-clean-air-act U.S. Clean Air Act] requires [https://www.epa.gov/caa-permitting 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.


Norfolk Southern has one air permit and only handles coal. Dominion Terminal Associates also has one air permit, and handles coal and coal-coke products. Kinder Morgan has 2 air permits and handles many different bulk commodities in addition to coal.
The [[U.S. Environmental Protection Agency (EPA)|U.S. EPA]] has two major, relevant air emissions permitting programs: [https://www.epa.gov/nsr New Source Review (NSR) Permits] and [https://www.epa.gov/title-v-operating-permits Title V Operating Permits].  


''To more read about the coal terminals in Hampton Roads, visit: [[Companies: railroads, terminals, and coal|Coal Terminals in the Port of Virginia]]''
In [[Southeast Newport News]], the [[Coal Terminals in the Port of Virginia|Dominion Terminal Associates]] and [[Coal Terminals in the Port of Virginia|Kinder Morgan Bulk Terminals]], each have one NSR permit related to [[Particulate matter and coal dust|coal dust]] emissions. [[Coal Terminals in the Port of Virginia|Kinder Morgan Bulk Terminals]] has a second NSR permit for the other bulk commodities it handles in addition to coal, particularly cement.


== State and Federal Permits ==
In [[Lambert's Point, Norfolk]], [[Coal Terminals in the Port of Virginia|Norfolk Southern]] has one NSR permit and only handles coal.
The Clean Air Act (42 U.S.C. §7401 et seq. (1970)) is the comprehensive federal law that regulates air emissions from stationary and mobile sources. Clean Air Act permitting in Virginia is the shared responsibility of the Virginia Department of Environmental Quality (VDEQ) and EPA Region 3.


=== Title V Operating Permits ===
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.<ref>[https://www.nnva.gov/FormCenter/Planning-30/Conditional-Use-Permit-Application-PDF-173 Petition for Change of Zoning or Conditional Use Permit], Conditional Use Permit, Newport News, 2026.</ref><ref>Conditional Use Permit, [https://www.norfolk.gov/6128/Conditional-Use-Permit The City of Norfolk], 2026.</ref> Because the coal terminals in Hampton Roads operate within "industrial" zoning districts, where coal handling is an allowed use by right rather than a conditional use, CUPs are not required.
Title V of the Clean Air Act (1990), requires state and local air pollution agencies to issue operating permits for major stationary sources of air pollution, ensuring compliance with federal air quality regulations. The program consolidates all air pollution control requirements into a single permit, making it easier for facilities to understand and meet their obligations. Title V permits are typically valid for five years and must be renewed, and they play a significant role in reducing emissions and improving air quality across the nation.<ref>[https://web.archive.org/web/20250619144734/https://resourcecenter.transect.com/regulations/federal/clean-air-act/title-v/permit A Guide to the Clean Air Act Title V Operating Permit Requirements, Process, and Compliance.] ''Transect''. 2021.  </ref> Most are issued by state or local agencies (“Clean Air Act part 70” permits); a small number are issued by the EPA (“Clean Air Act part 71”) permits.


* Title V Permits are only required for a select group of emitters, predominantly those actual or potential emissions at or above the major source threshold for any air pollutant. <ref>[https://web.archive.org/web/20250619145456/https://www.epa.gov/title-v-operating-permits/who-has-obtain-title-v-permit Who Has to Obtain a Title V Permit?] ''U.S. EPA.'' April 10, 2025.</ref>
== New Source Review (NSR) Permits ==
* The only Terminals with Title V permits in Virginia are in the DC area (2) and Richmond (1), where the commodities are gasoline/diesel/ethanol/petroleum. None are listed for the three Hampton Roads terminals.


=== New Source Review Permits (NSR) ===
=== Permitting ===
The majority of permits issued in Virginia are minor new source review (NSR) permits. The minor NSR permit program applies to the construction of any new stationary source or any project that will emit regulated air pollutants above the exemption thresholds (listed in 9VAC5-80-1105 C or D) of state regulations or that will require a permit via 9VAC5-80-1105 E or F. If a permit is required, it must be obtained before any activity on the project can begin.<ref>[https://web.archive.org/web/20250619150125/https://www.deq.virginia.gov/permits/air Air]. ''Virginia Department of Environmental Quality''. 2025. </ref>
The [[Virginia Department of Environmental Quality (VA DEQ)|VA DEQ]] has a variety of permit categories as part of their efforts to comply with [[U.S. Environmental Protection Agency (EPA)|U.S. EPA]] air emissions permitting requirements. The specific type of permit that regulates emissions of [[Particulate matter and coal dust|fine particulate matter (PM<sub>2.5</sub>)]] and [[Particulate matter and coal dust|course particulate matter (PM<sub>10</sub>)]], also known as [[Particulate matter and coal dust|dust]], for coal terminals in [[Southeast Newport News]] and [[Lambert's Point, Norfolk|Lambert's Point]] is the minor new source review (NSR) permit.<ref name=":0" />


* Minor NSR permits can also be used to limit the emissions of a facility below major stationary source thresholds by limiting the uncontrolled emission rate of regulated air pollutants with practically and federally enforceable permit conditions.
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:
* Minor NSR permits do not have to go through public participation (i.e. 30 day public comment period and a public hearing) unless the facility has the potential for public interest concerning air quality issues, as determined by the board in its discretion. Additionally, minor NSR permits do not expire.


=== Virginia Pollutant Discharge Elimination System (VPDES) ===
* emit lass than 100 tons per year of criteria pollutants, including [[Particulate matter and coal dust|PM<sub>2.5</sub>]] and [[Particulate matter and coal dust|PM<sub>10</sub>]],
The Clean Water Act established the National Pollutant Discharge Elimination System (NPDES) program to limit pollutants getting into streams, rivers and bays. DEQ administers the program as the Virginia Pollutant Discharge Elimination System (VPDES), and issues individual permits to both municipal and industrial facilities.  
* emit [https://www.epa.gov/haps/initial-list-hazardous-air-pollutants-modifications air toxics] above state toxic exemption standards, or


== Permits for: Dominion Terminal Associates ==
* that are not exempt through the Virginia Administrative Code, Permits for New and Modified Stationary Sources.<ref>Permits for New and Modified Stationary Sources, [[:File:9VAC5-80-1105.pdf|9VAC5-80-1105, Permit exemptions]], Virginia Administrative Code, November 23, 2022.</ref>


* EPA Facility ID: VA0000005170000074<ref>[https://web.archive.org/web/20250619150511/https://enviro.epa.gov/envirofacts/icis-air/plant?handlerId=VA0000005170000074 ICIS-Air Detailed Plant View]. ''U.S. EPA.'' 2025.</ref>
If a permit is required, it must be obtained before any activity on the project can begin.<ref name=":0">[https://web.archive.org/web/20250619150125/https://www.deq.virginia.gov/permits/air Air]. ''Virginia Department of Environmental Quality''. 2025. </ref>
* State Registration Number: 60997
 
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]].
 
Minor NSR permits do not expire.<ref name=":0" />


=== New Source Review Permit ===
=== Enforcement ===
* Issued July 17, 2012<ref>[https://voicesinthedust.org/images/3/31/60997_Dominon_Terminal_Associates_air_permit_07-17-2012.pdf Stationary Source Permit to Construct and Operate. ''Department of Environmental Quality.'' July 17, 2012.]</ref>
Permit compliance is enforced through scheduled routine inspections and inspections in response to residents' complaints to the [[Virginia Department of Environmental Quality (VA DEQ)|VA DEQ]]. [[Routine terminal inspection reports|Routine inspection reports]] and [[Coal dust complaints|inspections in response to residents' complaints]] are archived separately.
* Permit to "construct and operate a coal and petroleum coke receiving, storage and shipping facility in accordance with the provisions of the Virginia Regulations for the Control and Abatement of Air Pollution"
* Includes limitation on amount of coal and petroleum coke to store and transported, as well as requirement for a wet suppression system as dust control.
* Emissions limits:
** Particulate Matter (PM):  54.0 tons/year
** PM<sub>10</sub>: 9.7 tons/year
** "These emissions are derived from the estimated overall emission contribution from operating limits. Exceedance of the operating limits may be considered credible evidence of the exceedance of emission limits. Compliance with these emission limits may be determined as stated in Condition numbers 3-16 and 18-23 [of the permit]. (9 VAC 5-80-1180 and 9 VAC 5-50-260)"


=== NPDES Individual Permit ===
== EPA Title V Operating Permits ==
Title V of the [[Regulation under the Clean Air Act|U.S. Clean Air Act]] requires states to issue operating air permits for "major sources" and other sources that fall under Title V.<ref>[https://www.epa.gov/title-v-operating-permits/who-has-obtain-title-v-permit Who Has to Obtain a Title V Permit?] U.S. EPA, August 7, 2025.</ref> Major sources are defined as those facilities that emit more than 100 tons per year of a criteria pollutant, including [[Particulate matter and coal dust|PM<sub>2.5</sub>]] and [[Particulate matter and coal dust|PM<sub>10</sub>]], or 70 tons per year of [[Particulate matter and coal dust|PM<sub>10</sub>]] in a region in serious non-attainment of the [[Regulation under the Clean Air Act|National Ambient Air Quality Standards (NAAQS)]] for [[Particulate matter and coal dust|PM<sub>10</sub>]].


* NPDES ID: VA0057576<ref>[https://web.archive.org/web/20250619151634/https://enviro.epa.gov/envirofacts/multisystem/summary-report?registryId=110040845280 Multisystem Summary Report.] ''U.S. EPA.'' June 16, 2025.</ref>
Title V permits are typically valid for five years and must then be renewed.<ref>[https://web.archive.org/web/20250619144734/https://resourcecenter.transect.com/regulations/federal/clean-air-act/title-v/permit A Guide to the Clean Air Act Title V Operating Permit Requirements, Process, and Compliance], ''Transect''. 2021.  </ref> In Virginia, Title V permits can be issued by the [[Virginia Department of Environmental Quality (VA DEQ)|VA DEQ]], called "Clean Air Act part 70" permits or the [[U.S. Environmental Protection Agency (EPA)|U.S. EPA]], called "Clean Air Act part 71" permits.  


* Issued December 5, 2011, Re-issued September 13, 2021
EPA Title V permits are not required for any of the [[Coal Terminals in the Port of Virginia|coal terminals]] in the Port of Virginia.
* Expires December 31, 2026


== Permits for: Kinder Morgan ==
== Dominion Terminal Associates ==
Table: Issue date, Reason, Limits, Notes
* EPA Facility ID: VA0000005170000074<ref>[https://web.archive.org/web/20250619150511/https://enviro.epa.gov/envirofacts/icis-air/plant?handlerId=VA0000005170000074 ICIS-Air Detailed Plant View]. ''U.S. EPA.'' 2025.</ref>
* State Registration Number: 60997
== Kinder Morgan ==
*EPA Facility ID: VA0000005170000071<ref>[https://web.archive.org/web/20250619152006/https://enviro.epa.gov/envirofacts/icis-air/plant?handlerId=VA0000005170000071 ICIS-Air Detailed Plant View.] ''U.S. EPA.'' June 16, 2025.</ref>
*EPA Facility ID: VA0000005170000071<ref>[https://web.archive.org/web/20250619152006/https://enviro.epa.gov/envirofacts/icis-air/plant?handlerId=VA0000005170000071 ICIS-Air Detailed Plant View.] ''U.S. EPA.'' June 16, 2025.</ref>
*State Registration Number: 60979
*State Registration Number: 60979
 
== Norfolk Southern ==
=== Minor New Source Review permit: Bulk Material Handling and Storage <ref>[https://voicesinthedust.org/images/5/57/60979_Kinder_Morgan_air_permit_04-29-2021.pdf Stationary Source Permit to Construct and Operate. ''Virginia Department of Environmental Quality.'' April 29, 2021.]</ref> ===
Because the facility was built before modern air regulations, it is not subject to them (unless it significantly expands or changes its operations). A spokesperson for NS claimed that major construction at the facility would require a permit for new or modified features, which has not been necessary. However, they claimed to take some voluntary measures to control coal dust at Lambert’s Point, including spraying rail cars with water and shielding conveyor belts that carry coal to ships.<ref>[https://web.archive.org/web/20250716032406/https://www.whro.org/2024-03-21/stricter-new-federal-air-pollution-standards-likely-won-t-help-hampton-roads-communities-long-plagued-by-coal-dust Haffner, K. Stricter federal air pollution standards likely won’t help Hampton Roads communities plagued by coal dust. ''WHRO.'' March 21, 2024] </ref>
*Issued April 29, 2021
*Permit to "construct and operate a project at a bulk material handling and storage facility in accordance with the provisions of the Virginia State Air Pollution Control Board Regulations for the Control and Abatement of Air Pollution."
*Includes limitation on emissions, as well as requirement for a wet suppression system as dust control.
*Emission Limits (Marine handling operations from railcar and ship loading at '''Pier IX''')
**PM 39.8 tons/yr
**PM<sub>10</sub> 17.6 tons/yr
**PM<sub>2.5</sub> 2.7 tons/yr
**"These emissions are derived from the estimated overall emission contribution from operating limits. Exceedance of the operating limits may be considered credible evidence of the exceedance of emission limits. Compliance with these emission limits may be determined as stated in Conditions 1, 5, 6, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 22, and 23. (9VAC5-80-1180 and 9VAC5-50-260) [April 29, 2021]"
*Emission Limits ( marine vessel unloading operations at '''Pier X''')
**PM<sub>10</sub> 24.3 tons/yr
**PM<sub>2.5</sub> 3.7 tons/yr
**"Sections 120-04-0403 and 120-05-0303 of State Regulations"
 
=== Dry Bulk Cement Permit<ref>[https://voicesinthedust.org/images/c/cc/60979_Kinder_Morgan_air_permit_09-12-2013.pdf Stationary Source Permit to Modify and Operate. ''Virginia Department of Environmental Quality.'' September 12, 2013.] </ref> ===
*Issued September 12, 2013
*Permit to "modify and operate a dry bulk cement distribution facility in accordance with the provisions of the Virginia State Air Pollution Control Board Regulations for the Control and Abatement of Air Pollution"
*Includes requirements to limit and mitigate emissions
*Not for coal storage, transport, or export
 
== Permits for: Norfolk Southern ==
* State Registration Number: 60180
* State Registration Number: 60180
== Documents ==


=== New Source Review permit<ref>[https://voicesinthedust.org/images/e/e5/60180_Norfolk_Southern_air_permit_04-06-1992.pdf Stationary Source Permit to Modify and Operate. ''State Air Pollution Control Board.'' April 6, 1992.] </ref> ===
=== Dominion Terminal Associates ===
* Issued April 6, 1992
* Permit to "modify and operate a coal terminal on 38th Street, Norfolk, Virginia in accordance with the provisions of the Virginia State Air Pollution Control Board Regulations for the Control and Abatement of Air Pollution"
* Emissions limit (from silos and conveyers)
** Total suspended particulate: 3.9lbs/hour; 6.7 tons/year
** PM<sub>10</sub>: 0.7lbs/hour;1.2 tons/year
 
== Conditional Use Permits in Newport News, VA ==
Municipal Permits: Chapter 45, Article XXVII (Conditional Use Permits)
 
* Sec. 45-2702 says:<ref>[https://web.archive.org/web/20250619153430/http://newportnews.elaws.us/code/coor_ch45_artxxvii_sec45-2702 § 45-2702. Generally''. Article XXVII.'']  ''CONDITIONAL USE PERMITS, Chapter 45. Zoning Ordinance. Code of Ordinances. Newport News, Virginia.'' 2025. </ref>  
** The city council may authorize, by issuance of a conditional use permit, the use of land in a district in accordance with article IV, section 45-402, summary of uses by district, and may specify special conditions and safeguards governing the use authorized. A conditional use permit shall be issued only if all of the following conditions have been met:
*** (1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity;
*** (5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;
*** (8) That the proposed use is in accordance with the comprehensive plan.
 
* Enforcement: Sec. 45-2710<ref>[https://web.archive.org/web/20250619153558/http://newportnews.elaws.us/code/coor_ch45_artxxvii_sec45-2710 § 45-2710. Violations''. Article XXVII.'']  ''CONDITIONAL USE PERMITS, Chapter 45. Zoning Ordinance. Code of Ordinances. Newport News, Virginia.'' 2025. </ref> 
** Violation of a conditional use permit or any conditions and safeguards attached thereto shall be deemed a violation of the Zoning Ordinance and subject to the penalties and remedies set forth in Article XXXV.<ref>[https://web.archive.org/web/20250619153025/https://library.municode.com/va/newport_news/codes/code_of_ordinances?nodeId=CD_ORD_CH45ZOOR_ARTXXXVADENVIPERE Article XXXV. - Administration, Enforcement, Violation, Penalty, and Remedy]. ''Newport News, VA. Municode Codification.'' June 10, 2025.</ref> The city council may revoke a conditional use permit for violation of any terms or conditions thereof; provided, that ten (10) days written notice is given to the applicant or his successor and a public hearing is held following public notice as provided in Section 15.2-2204, of the Code of Virginia, 1950, as amended.
** If a conditional use permit is terminated by the city council, then the regulations and uses of the zoning district shall apply to the property in which the use was located.


== Documents ==
* [[:File:60997 Dominon Terminal Associates air permit 07-17-2012.pdf|60997 Dominon Terminal Associates air permit]], July 17, 2012
'''Dominion Terminal Associates'''
* [[:File:Dominion terminal ICIS.pdf|CIS-Air Detailed Plant View. Dominion Terminal Associates, 2025]]


[[:File:60997 Dominon Terminal Associates air permit 07-17-2012.pdf|60997 Dominon Terminal Associates air permit]]. July 17, 2012.  
==== Permit Applications ====
* [[:File:Air Permit Source Action Report 11394513.pdf|Air Permit Source Action Report, September 9, 1992]]
* [[:File:Air Permit Application 27759149.pdf|Air Permit Application, October 15, 2002]]
* [[:File:Air Permit Application 62005421.pdf|Air Permit Application, May 7, 2004]]
* [[:File:Air Permit Application 42214261.pdf|Air Permit Application, April 20, 2006]]


[[:File:Dominion terminal ICIS.pdf|CIS-Air Detailed Plant View. Dominion Terminal Associates. 2025.]]
==== Air Permit-Related Correspondence ====
* [[:File:QA QC trb General Air Corr from Source 42941703.pdf|Dust Mitigation Correspondence with the Virginia Air Pollution Control Board, August 24, 1987]]
* [[:File:Air Permit Related Corr from DEQ 11199494.pdf|Air Permit-Related Correspondence with the VA DEQ, September 19, 1980]]
* [[:File:Air Permit Related Corr. from DEQ 45740172.pdf|Air Permit-Related Correspondence with the VA DEQ, September 10, 1981]]
* [[:File:QA QC trb General Air Corr from DEQ 46552926.pdf|QA QC trb General Air Corr with the VA DEQ, February 8, 1984]]
* [[:File:Air Permit Related Correspondence 23533901.pdf|Air Permit Related Correspondence with TRC Environmental Consultants, Inc., October 18, 1989]]
* [[:File:Air Permit Related Correspondence 52318289.pdf|Air Permit Related Correspondence with the Virginia Air Pollution Control Board, 1992]]
* [[:File:Air Permit Related Corr. from Source 43375260.pdf|Air Permit Related Correspondence with the VA DEQ, February 14, 2000]]
* [[:File:Air Permit Related Corr. From Source 53326771.pdf|Air Permit Related Correspondence with the VA DEQ, September 01, 2006]]


Tax Exemption Requests
==== Draft Permits ====
* [[:File:60997 - Tax Exemption Request - 19840207 26543501.pdf|60997 - Tax Exemption Request - 19840207 26543501, February 7, 1984]]
* [[:File:60997 - Tax Exemption Request - 19910227 31564032.pdf|60997 - Tax Exemption Request - 19910227 31564032, February 27, 1991]]
Permit Applications
* [[:File:Air Permit Source Action Report 11394513.pdf|Air Permit Source Action Report 11394513, September 9, 1992]]
* [[:File:Air Permit Application 27759149.pdf|Air Permit Application 2775914, October 15, 2002]]
* [[:File:Air Permit Application 62005421.pdf|Air Permit Application 62005421, May 7, 2004]]
* [[:File:Air Permit Application 42214261.pdf|Air Permit Application 42214261, April 20, 2006]]
Air Permit Related Correspondence
* [[:File:QA QC trb General Air Corr from Source 42941703.pdf|QA QC trb General Air Corr from Source 42941703, August 24, 1987]]
* [[:File:Air Permit Related Corr from DEQ 11199494.pdf|Air Permit Related Corr from DEQ 11199494, September 19, 1980]]
* [[:File:Air Permit Related Corr. from DEQ 45740172.pdf|Air Permit Related Corr. from DEQ 45740172, September 10, 1981]]
* [[:File:QA QC trb General Air Corr from DEQ 46552926.pdf|QA QC trb General Air Corr from DEQ 46552926, February 8, 1984]]
* [[:File:Air Permit Related Correspondence 23533901.pdf|Air Permit Related Correspondence 23533901, October 18, 1989]]
* [[:File:Air Permit Related Correspondence 52318289.pdf|Air Permit Related Correspondence 52318289, 1992]]
* [[:File:Air Permit Related Corr. from Source 43375260.pdf|Air Permit Related Corr. from Source 43375260, February 14, 2000]]
* [[:File:Air Permit Related Corr. From Source 53326771.pdf|Air Permit Related Corr. From Source 53326771, September 01, 2006]]
Draft Permits
* [[:File:Superseded Air NSR Permit 35097670.pdf|Superseded Air NSR Permit 35097670, October 14, 1981]]
* [[:File:Superseded Air NSR Permit 35097670.pdf|Superseded Air NSR Permit 35097670, October 14, 1981]]
* [[:File:Sup. Air NSR Permit Amendment 40835377.pdf|Sup. Air NSR Permit Amendment 40835377, January 7, 1988]]
* [[:File:Sup. Air NSR Permit Amendment 40835377.pdf|Sup. Air NSR Permit Amendment 40835377, January 7, 1988]]
Line 128: Line 83:
* [[:File:Air Draft Permit 32292699.pdf|Air Draft Permit 32292699, September 1, 2006]]
* [[:File:Air Draft Permit 32292699.pdf|Air Draft Permit 32292699, September 1, 2006]]
* [[:File:Air NSR Permit Amendment 6432276.pdf|Air NSR Permit Amendment 6432276, September 20, 2006]]
* [[:File:Air NSR Permit Amendment 6432276.pdf|Air NSR Permit Amendment 6432276, September 20, 2006]]
Air Inspection Reports
 
* [[:File:60997 - FCE - Full Compliance Evaluation with Site Visit - 20100917 16254045.pdf|FCE - Full Compliance Evaluation with Site Visit - 20100917 16254045]]
=== Kinder Morgan ===
* [[:File:FCE - Full Compliance Evaluation with Site Visit 23684377.pdf|FCE - Full Compliance Evaluation with Site Visit 23684377, December 10, 1990]]
* [[:File:60979 Kinder Morgan air permit 09-12-2013.pdf|60979 Kinder Morgan air permit 09-12-2013. September 12, 2013]]
* [[:File:FCE - Full Compliance Evaluation with Site Visit 36115567.pdf|FCE - Full Compliance Evaluation with Site Visit 36115567, May 8, 1992]]
* [[:File:60979 Kinder Morgan air permit 04-29-2021.pdf|60979 Kinder Morgan air permit 04-29-2021. April 29, 2021]]
* [[:File:FCE - Full Compliance Evaluation with Site Visit 58669171.pdf|FCE - Full Compliance Evaluation with Site Visit 58669171, June 23, 1998]]
 
* [[:File:FCE - Full Compliance Evaluation with Site Visit 38481244.pdf|FCE - Full Compliance Evaluation with Site Visit 38481244, July 22, 1999]]
=== Norfolk Southern ===
* [[:File:Air Inspection Report 12481262.pdf|Air Inspection Report 12481262, June 30, 2000]]
* [[:File:60180 Norfolk Southern air permit 04-06-1992.pdf|60180 Norfolk Southern air permit 04-06-1992. April 6, 1992]]
* [[:File:Air Inspection Report 14106395.pdf|Air Inspection Report 14106395, August 10, 2001]]
 
* [[:File:Air Inspection Report 1605273.pdf|Air Inspection Report 1605273, August 20, 2002]]
=== Other ===
* [[:File:Air Inspection Report 54337812.pdf|Air Inspection Report 54337812, August 24, 2004]]
* [[:File:9VAC5-80-1105.pdf|Permits for New and Modified Stationary Sources, Permit exemptions, 9VAC5-80-1105, Virginia Administrative Code, November 23, 2022]]
* [[:File:Inspection - Complete Full Comp Eval 16851904.pdf|Inspection - Complete Full Comp Eval 16851904, August 28, 2006]]
* [[:File:Inspection - Complete Full Comp Eval 51396600.pdf|Inspection - Complete Full Comp Eval 51396600, September 20, 2006]]
* [[:File:Air Permit Source Action Report 11394513.pdf|Air Permit Source Action Report 11394513, September 9, 1992]]
* [[:File:Air Permit Source Action Report 56349884.pdf|Air Permit Source Action Report 56349884, September 9, 1992]]
'''Kinder Morgan'''
* [[:File:60979 Kinder Morgan air permit 09-12-2013.pdf|60979 Kinder Morgan air permit 09-12-2013. September 12, 2013.]]
* [[:File:60979 Kinder Morgan air permit 04-29-2021.pdf|60979 Kinder Morgan air permit 04-29-2021. April 29, 2021.]]
'''Norfolk Southern'''
* [[:File:60180 Norfolk Southern air permit 04-06-1992.pdf|60180 Norfolk Southern air permit 04-06-1992. April 6, 1992.]]
'''Other'''
* [[:File:9VAC5-80-1030. General permits.pdf|9VAC5-80-1030. General permits, November 2022]]
* [[:File:9VAC5-80-1030. General permits.pdf|9VAC5-80-1030. General permits, November 2022]]


Revision as of 22:55, 9 January 2026

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, the 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, 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 Hampton Roads 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 course 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 toxics 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.

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.

Dominion Terminal Associates

Table: Issue date, Reason, Limits, Notes

  • EPA Facility ID: VA0000005170000074[7]
  • State Registration Number: 60997

Kinder Morgan

  • EPA Facility ID: VA0000005170000071[8]
  • State Registration Number: 60979

Norfolk Southern

Because the facility was built before modern air regulations, it is not subject to them (unless it significantly expands or changes its operations). A spokesperson for NS claimed that major construction at the facility would require a permit for new or modified features, which has not been necessary. However, they claimed to take some voluntary measures to control coal dust at Lambert’s Point, including spraying rail cars with water and shielding conveyor belts that carry coal to ships.[9]

  • State Registration Number: 60180

Documents

Dominion Terminal Associates

Permit Applications

Air Permit-Related Correspondence

Draft Permits

Kinder Morgan

Norfolk Southern

Other

References

  1. ↑ Petition for Change of Zoning or Conditional Use Permit, Conditional Use Permit, Newport News, 2026.
  2. ↑ Conditional Use Permit, The City of Norfolk, 2026.
  3. ↑ 3.0 3.1 3.2 Air. Virginia Department of Environmental Quality. 2025.
  4. ↑ Permits for New and Modified Stationary Sources, 9VAC5-80-1105, Permit exemptions, Virginia Administrative Code, November 23, 2022.
  5. ↑ Who Has to Obtain a Title V Permit? U.S. EPA, August 7, 2025.
  6. ↑ A Guide to the Clean Air Act Title V Operating Permit Requirements, Process, and Compliance, Transect. 2021.
  7. ↑ ICIS-Air Detailed Plant View. U.S. EPA. 2025.
  8. ↑ ICIS-Air Detailed Plant View. U.S. EPA. June 16, 2025.
  9. ↑ Haffner, K. Stricter federal air pollution standards likely won’t help Hampton Roads communities plagued by coal dust. WHRO. March 21, 2024
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