Terminal air permitting and permits

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. 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 (PM_2.5) 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.

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 PM_2.5 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.

If a permit is required, it must be obtained before any activity on the project can begin.

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.

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. Major sources are defined as those facilities that emit more than 100 tons per year of a criteria pollutant, including PM_2.5 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. 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.

Documents

Dominion Terminal Associates

• Air Permit, July 17, 2012
• U.S. EPA, Air Detailed Plant View, 2025

Permit Applications

• Air Permit Source Action Report, September 9, 1992
• Air Permit Application, October 15, 2002
• Air Permit Application, May 7, 2004
• Air Permit Application, April 20, 2006
• Air Permit Application, May 1, 2012

Air Permit-Related Correspondence, Reports, and Air Monitoring Data

• Air Monitoring Data Report, March 12, 1992
• Air Permit-Related Correspondence with the VA DEQ, September 19, 1980
• Air Permit-Related Correspondence with the VA DEQ, September 10, 1981
• Air Permit Related Correspondence with TRC Environmental Consultants, Inc., October 18, 1989
• Air Permit Related Correspondence with the Virginia Air Pollution Control Board, 1992
• Air Permit Related Correspondence with the VA DEQ, February 14, 2000
• Air Permit Related Correspondence with the VA DEQ, September 01, 2006
• Annual Update Report, Includes Air Monitoring Data, 2011
• Annual Update Report, Includes Air Monitoring Data, 2023
• Correspondence with the Virginia Air Pollution Control Board Requesting Tax Certification, February 8, 1984
• Dust Mitigation Correspondence with the Virginia Air Pollution Control Board, August 24, 1987
• IIT Research Institute, Air Monitoring Data Report, October 5, 1989

IIT Research Institute on PM10 Samples Collected near Dominion Terminal Associates: "Raw coal represented 49% (40 ug/m3), 44% (52 ug/m3) and 27% (16 ug/m3) of the sample mass in the three full analysis samples with the highest PM10 levels, and 18% (4 ug/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 um."

• Permit Check List, May 1, 2012

Draft Permits

• Superseded Air NSR Permit, October 14, 1981
• Superseded Air NSR Permit Amendment, January 7, 1988
• Superseded Air NSR Permit, January 5, 1990
• Superseded Air NSR Permit, September 22, 1992
• Superseded Air NSR Permit, February 14, 2000
• Amended page, July 7, 2000
• Superseded Air NSR Permit Amendment, December 23, 2002
• Air Draft Permit, March 25, 2004
• Superseded Air NSR Permit Amendment, September 13, 2004
• Air Draft Permit, August, 2006
• Air Draft Permit, September 1, 2006
• Air NSR Permit Amendment, September 20, 2006

Kinder Morgan

• Air Permit, September 12, 2013
• Air Permit, April 29, 2021

Norfolk Southern

• Air Permit, April 6, 1992

Other

• Internal VA DEQ Memorandum, August 11, 1983

Ramon P. Minx, Director, Region VI, Virginia Air Pollution Control Board: "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."

• Internal VA DEQ Memorandum, September 14, 1983
• Internal VA DEQ Memorandum, September 22, 1983
• Internal VA DEQ Memorandum, February 4, 1987

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: "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."

• Internal VA DEQ Memorandum, March 12, 1987
• Internal VA DEQ Memorandum, February 17, 1987

Ramon P. Minx, Director, Region VI, Virginia Air Pollution Control Board on the Massey and Dominion Terminal Associates air permits: "The nuisance problem from fugitive coal emissions became chronic at an adjacent housing area with both wet suppression systems in operation."

• Internal VA DEQ Memorandum, November 12, 1987
• Permits for New and Modified Stationary Sources, Permit Exemptions, Virginia Administrative Code, November 23, 2022
• Permit Procedures, State Operating Permits, General Permits, November 2022