State Regulations

Virginia regulates air pollution primarily through the Virginia Air Pollution Control Law, administered by the Virginia Department of Environmental Quality (DEQ). Under the DEQ, 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.

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. 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.

Fugitive Dust and Particulate Matter Standards

• 9VAC5-40-90 and related standards
• Applicability to coal terminals, stockpiles, and prep plants

Air Permits, Oversight, and Enforcement

• Facilities must obtain air permits that set specific emissions limits and require regular reporting of emissions data.
• Compliance
  • Monitoring: To determine NAAQS compliance, PM_2.5 and PM₁₀ must be measured using designated regulatory air monitors by an agency with the authority to do so, which in Virginia is the Department of Environmental Quality (VA DEQ).
  • inspections
  • Reports: Norfolk Southern is required to submit an annual report to the Joint Subcommittee Studying Measures to Reduce Emissions from Coal-Carrying Railroad Cars

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