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.


To more read about the coal terminals in Hampton Roads, visit: [[Companies: Railroads and Coal#Coal Terminals in the Port of Virginia|Coal Terminals in the Port of Virginia]]  
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].


== State and Federal Permits ==
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.
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:''' 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><nowiki>https://resourcecenter.transect.com/regulations/federal/clean-air-act/title-v/permit</nowiki></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
In [[Lambert's Point, Norfolk]], [[Coal Terminals in the Port of Virginia|Norfolk Southern]] has one NSR permit and only handles coal.


'''NSR Permits:''' 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://www.deq.virginia.gov/permits/air Virginia DEQ, Air.] </ref>
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.


* 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.
== New Source Review (NSR) Permits ==
* 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.


'''VPDES''': 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.  
=== Permitting ===
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" />


=== Enforcement ===
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:
<ref>[https://voicesinthedust.org/File:9VAC5-80-1030._General_permits.pdf 9VAC5-80-1030. General permits. November 2022.]</ref>
 
* 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>]],
* emit [https://www.epa.gov/haps/initial-list-hazardous-air-pollutants-modifications air toxics] above state toxic exemption standards, or
 
* 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>


== Conditional Use Permits in Newport News, VA ==
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>
Municipal Permits: Chapter 45, Article XXVII (Conditional Use Permits)


* Sec. 45-2702 says:  
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]].
** 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 
Minor NSR permits do not expire.<ref name=":0" />
** 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://library.municode.com/va/newport_news/codes/code_of_ordinances?nodeId=CD_ORD_CH45ZOOR_ARTXXXVADENVIPERE</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.


=== Enforcement ===
=== Enforcement ===
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.


== Permits for Newport News Coal Terminals ==
== 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>]].


=== Dominion Terminal ===
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.


=== Kinder Morgan ===
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.
 
=== Norfolk Southern ===


== 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>
*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.<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>
* State Registration Number: 60180
== Documents ==
== Documents ==
=== Virginia Register ===
* [[:File:9VAC5-80-1030. General permits.pdf|9VAC5-80-1030. General permits. November 2022.]]


=== Dominion Terminal Associates ===
=== Dominion Terminal Associates ===


==== Tax Exemption Requests ====
* [[:File:60997 Dominon Terminal Associates air permit 07-17-2012.pdf|60997 Dominon Terminal Associates air permit]], July 17, 2012
 
* [[:File:Dominion terminal ICIS.pdf|CIS-Air Detailed Plant View. Dominion Terminal Associates, 2025]]
* [[: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 ====
==== Permit Applications ====
* [[:File:Air Permit Source Action Report 11394513.pdf|Air Permit Source Action Report 11394513. September 9, 1992.]]
* [[: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 2775914, October 15, 2002.]]
* [[:File:Air Permit Application 27759149.pdf|Air Permit Application, October 15, 2002]]
* [[:File:Air Permit Application 62005421.pdf|Air Permit Application 62005421, May 7, 2004.]]
* [[:File:Air Permit Application 62005421.pdf|Air Permit Application, May 7, 2004]]
* [[:File:Air Permit Application 42214261.pdf|Air Permit Application 42214261, April 20, 2006.]]
* [[:File:Air Permit Application 42214261.pdf|Air Permit Application, April 20, 2006]]


==== Air Permit Related Correspondence ====
==== 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: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 Corr from DEQ 11199494, September 19, 1980.]]
* [[: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 Corr. from DEQ 45740172. September 10, 1981.]]
* [[: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 from DEQ 46552926. February 8, 1984.]]
* [[: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 23533901. October 18, 1989.]]
* [[: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 52318289. 1992.]]
* [[: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 Corr. from Source 43375260. February 14, 2000.]]
* [[: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 Corr. From Source 53326771. September 01, 2006.]]
* [[:File:Air Permit Related Corr. From Source 53326771.pdf|Air Permit Related Correspondence with the VA DEQ, September 01, 2006]]


==== Draft Permits ====
==== 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.]]
* [[:File:Superseded Air NSR Permit 19093890.pdf|Superseded Air NSR Permit 19093890, January 5, 1990]]
* [[:File:Superseded Air NSR Permit 19093890.pdf|Superseded Air NSR Permit 19093890. January 5, 1990.]]
* [[:File:Superseded Air NSR Permit 66817840.pdf|Superseded Air NSR Permit 47859222, September 22, 1992]]
* [[:File:Superseded Air NSR Permit 66817840.pdf|Superseded Air NSR Permit 47859222. September 22, 1992.]]
* [[:File:Superseded Air NSR Permit 47859222.pdf|Superseded Air NSR Permit 47859222, February 14, 2000]]
* [[:File:Superseded Air NSR Permit 47859222.pdf|Superseded Air NSR Permit 47859222. February 14, 2000.]]
* [[:File:Amended page 64073055.pdf|Amended page 64073055,, July 7, 2000]]
* [[:File:Amended page 64073055.pdf|Amended page 64073055. July 7, 2000]].
* [[:File:Sup. Air NSR Permit Amendment 46179289.pdf|Sup. Air NSR Permit Amendment 46179289, December 23, 2002]]
* [[:File:Sup. Air NSR Permit Amendment 46179289.pdf|Sup. Air NSR Permit Amendment 46179289. December 23, 2002.]]
* [[:File:Air Draft Permit 26412298.pdf|Air Draft Permit 26412298, March 25, 2004]]
* [[:File:Air Draft Permit 26412298.pdf|Air Draft Permit 26412298, March 25, 2004]]
* [[:File:Sup. Air NSR Permit Amendment 2972508.pdf|Sup. Air NSR Permit Amendment 2972508. September 13, 2004.]]
* [[:File:Sup. Air NSR Permit Amendment 2972508.pdf|Sup. Air NSR Permit Amendment 2972508, September 13, 2004]]
* [[:File:Air Draft Permit 15758310.pdf|Air Draft Permit 15758310, August, 2006.]]
* [[:File:Air Draft Permit 15758310.pdf|Air Draft Permit 15758310, August, 2006]]
* [[: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 ====
=== 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]]


* [[:File:60997 - FCE - Full Compliance Evaluation with Site Visit - 20100917 16254045.pdf|FCE - Full Compliance Evaluation with Site Visit - 20100917 16254045]]
=== Norfolk Southern ===
* [[:File:FCE - Full Compliance Evaluation with Site Visit 23684377.pdf|FCE - Full Compliance Evaluation with Site Visit 23684377. December 10, 1990.]]
* [[:File:60180 Norfolk Southern air permit 04-06-1992.pdf|60180 Norfolk Southern air permit 04-06-1992. April 6, 1992]]
* [[:File:FCE - Full Compliance Evaluation with Site Visit 36115567.pdf|FCE - Full Compliance Evaluation with Site Visit 36115567. May 8, 1992.]]
* [[: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]]
* [[:File:Air Inspection Report 12481262.pdf|Air Inspection Report 12481262. June 30, 2000.]]
* [[: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.]]
* [[:File:Air Inspection Report 54337812.pdf|Air Inspection Report 54337812. August 24, 2004.]]
* [[: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.]]


=== Other ===
=== Other ===
* [[:File:Internal DEQ memo 7857589.pdf|Internal DEQ memo 7857589. February 17, 1987.]]
* [[:File:9VAC5-80-1105.pdf|Permits for New and Modified Stationary Sources, Permit exemptions, 9VAC5-80-1105, Virginia Administrative Code, November 23, 2022]]
* [[:File:Qajam-Inspection - Offsite Enf Follow-up 49923013.pdf|Qajam-Inspection - Offsite Enf Follow-up 49923013. July 28, 2008.]]
* [[:File:9VAC5-80-1030. General permits.pdf|9VAC5-80-1030. General permits, November 2022]]
* [[:File:RCA and Response from source 18943178.pdf|RCA and Response from source 18943178. July, 2008.]]
 
*[[:File:QA QC trb General Air Document 40718499.pdf|QA QC trb General Air Document 40718499. May 28, 1993.]]
* [[:File:Internal DEQ memo 7857589.pdf|Internal DEQ memo 7857589, February 17, 1987]]
* [[:File:Qajam-Inspection - Offsite Enf Follow-up 49923013.pdf|Qajam-Inspection - Offsite Enf Follow-up 49923013, July 28, 2008]]
* [[:File:RCA and Response from source 18943178.pdf|RCA and Response from source 18943178, July, 2008]]
*[[:File:QA QC trb General Air Document 40718499.pdf|QA QC trb General Air Document 40718499, May 28, 1993]]
 
== References ==

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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