Terminal Permits

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.

To more read about the coal terminals in Hampton Roads, visit: Coal Terminals in the Port of Virginia

State and Federal Permits

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. 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.
• 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.

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.

• 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 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.

Conditional Use Permits in Newport News, VA

Municipal Permits: Chapter 45, Article XXVII (Conditional Use Permits)

• Sec. 45-2702 says:  
  • 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
  • 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. 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.

Permits for Newport News Coal Terminals

Dominion Terminal

• EPA Facility ID: VA0000005170000074
• State Registration Number: 60997
• NPDES Individual Permit (NPDES ID: VA0057576)
  • Issued December 5, 2011, Re-issued September 13, 2021
  • Expires December 31, 2026
• Air Program Information
  • CAASIP: State Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
    • Air Pollutant Information includes: "Particulate Matter <10 UM" (SRS ID: 1647619) and "Total Particulate Matter" (SRS ID: 1647643)
    • See: Air Inspection Reports in Documents

Kinder Morgan

• EPA Facility ID: VA0000005170000071
• State Registration Number: 60979
• Air Program Information
  • CAASIP: State Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
    • Air Pollutant Information includes: "Particulate Matter <10 UM" (SRS ID: 1647619), "Particulate Matter <2.5 UM" (SRS ID: 1647635), and "Total Particulate Matter" (SRS ID: 1647643)

Documents

Virginia Register

• 9VAC5-80-1030. General permits, November 2022

Dominion Terminal Associates

Tax Exemption Requests

• 60997 - Tax Exemption Request - 19840207 26543501. February 7, 1984.
• 60997 - Tax Exemption Request - 19910227 31564032. February 27, 1991.

Permit Applications

• Air Permit Source Action Report 11394513. September 9, 1992.
• Air Permit Application 2775914, October 15, 2002.
• Air Permit Application 62005421, May 7, 2004.
• Air Permit Application 42214261, April 20, 2006.

Air Permit Related Correspondence

• QA QC trb General Air Corr from Source 42941703. August 24, 1987.
• Air Permit Related Corr from DEQ 11199494, September 19, 1980.
• Air Permit Related Corr. from DEQ 45740172. September 10, 1981.
• QA QC trb General Air Corr from DEQ 46552926. February 8, 1984.
• Air Permit Related Correspondence 23533901. October 18, 1989.
• Air Permit Related Correspondence 52318289. 1992.
• Air Permit Related Corr. from Source 43375260. February 14, 2000.
• Air Permit Related Corr. From Source 53326771. 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.

Air Inspection Reports

• FCE - Full Compliance Evaluation with Site Visit - 20100917 16254045
• FCE - Full Compliance Evaluation with Site Visit 23684377. December 10, 1990.
• FCE - Full Compliance Evaluation with Site Visit 36115567. May 8, 1992.
• FCE - Full Compliance Evaluation with Site Visit 58669171. June 23, 1998.
• FCE - Full Compliance Evaluation with Site Visit 38481244. July 22, 1999
• Air Inspection Report 12481262. June 30, 2000.
• Air Inspection Report 14106395. August 10, 2001.
• Air Inspection Report 1605273. August 20, 2002.
• Air Inspection Report 54337812. August 24, 2004.
• Inspection - Complete Full Comp Eval 16851904. August 28, 2006.
• Inspection - Complete Full Comp Eval 51396600. September 20, 2006.
• Air Permit Source Action Report 11394513. September 9, 1992
• Air Permit Source Action Report 56349884. September 9, 1992.

Other

• 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.