State Regulations

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. 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.

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).

• Facilities must take “reasonable precautions” to prevent dust from becoming airborne. These may include: (9VAC5-40-90 B)
  • Using water sprays or chemical suppressants
  • Paving or treating haul roads
  • Covering trucks or railcars
  • Minimizing drop heights during material handling

• 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: PM_2.5 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:

• Virginia State Legislature (Also Known as the General Assembly)
• Virginia Council on Environmental Justice (Formerly Known as the Environmental Justice Advisory Board)
• Virginia Department of Environmental Quality (VA DEQ)
• Virginia Department of Health (VDH)
• Virginia Air Pollution Control Board