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.

Dominion Terminal Associates

Table: Issue date, Reason, Limits, Notes

• EPA Facility ID: VA0000005170000074
• State Registration Number: 60997

Kinder Morgan

• EPA Facility ID: VA0000005170000071
• 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.

• State Registration Number: 60180

Documents

Dominion Terminal Associates

• 60997 Dominon Terminal Associates air permit, July 17, 2012
• CIS-Air Detailed Plant View. Dominion Terminal Associates, 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-Related Correspondence

• Dust Mitigation Correspondence with the Virginia Air Pollution Control Board, August 24, 1987
• Air Permit-Related Correspondence with the VA DEQ, September 19, 1980
• Air Permit-Related Correspondence with the VA DEQ, September 10, 1981
• QA QC trb General Air Corr with the VA DEQ, February 8, 1984
• 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

Draft Permits

• Superseded Air NSR Permit 35097670, October 14, 1981
• Sup. Air NSR Permit Amendment 40835377, January 7, 1988
• Superseded Air NSR Permit 19093890, January 5, 1990
• Superseded Air NSR Permit 47859222, September 22, 1992
• Superseded Air NSR Permit 47859222, February 14, 2000
• Amended page 64073055,, July 7, 2000
• Sup. Air NSR Permit Amendment 46179289, December 23, 2002
• Air Draft Permit 26412298, March 25, 2004
• Sup. Air NSR Permit Amendment 2972508, September 13, 2004
• Air Draft Permit 15758310, August, 2006
• Air Draft Permit 32292699, September 1, 2006
• Air NSR Permit Amendment 6432276, September 20, 2006

Kinder Morgan

• 60979 Kinder Morgan air permit 09-12-2013. September 12, 2013.
• 60979 Kinder Morgan air permit 04-29-2021. April 29, 2021.

Norfolk Southern

• 60180 Norfolk Southern air permit 04-06-1992. April 6, 1992.

Other

• Permits for New and Modified Stationary Sources, Permit exemptions, 9VAC5-80-1105, Virginia Administrative Code, November 23, 2022
• 9VAC5-80-1030. General permits, November 2022

• Internal DEQ memo 7857589, February 17, 1987
• Qajam-Inspection - Offsite Enf Follow-up 49923013, July 28, 2008
• RCA and Response from source 18943178, July, 2008
• QA QC trb General Air Document 40718499, May 28, 1993