State Regulations

Virginia Air Pollution Control Laws

Virginia regulates air pollution through the Virginia Air Pollution Control Laws, which are put into effect by the Virginia State Air Pollution Control Board (APCB) and administered by the Virginia Department of Environmental Quality (VA DEQ).

The Laws follow and enforce the Clean Air Act, which includes the National Ambient Air Quality Standards (NAAQS) set by the U.S. Environmental Protection Agency (EPA) for fine particles (PM_2.5) and course particles (PM₁₀), also known as dust. To test NAAQS compliance, the VA DEQ uses designated regulatory air monitors to measure atmospheric concentrations of PM_2.5, PM₁₀, and other criteria pollutants to ensure they are below the NAAQS. Additionally, Virginia is responsible for implementing and enforcing the NAAQS, creating a State Implementation Plan (SIP), which is reviewed and approved by the EPA.

In Virginia, local governments may adopt ordinances that address air pollution, but they do so under a tightly constrained system overseen by the VA DEQ. Before a locality can adopt or amend an air-pollution ordinance, it must first obtain VA DEQ approval. With limited exceptions VA DEQ will not approve local ordinances that directly regulate emission sources already subject to state air permits under the Virginia Air Pollution Control Law. In reviewing proposed ordinances, VA DEQ considers whether the locality has committed sufficient staff and resources to enforcement, whether the ordinance supports coordination and information-sharing with state agencies, and whether its requirements are at least as strict as state regulations. If a locality fails to enforce its ordinance, or if state regulations later change and the local ordinance is not updated within six months, VA DEQ may withdraw its approval and resume direct state enforcement.

Approved local ordinances must also support VA DEQ's obligations under both state law and the federal Clean Air Act by providing for reporting, monitoring, complaint investigations, and public processes such as variance hearings. While these ordinances are formally described as “supplements” to state regulations, they can take precedence within a locality if they impose stricter requirements than state law. At the same time, VA DEQ retains the authority to step in and enforce state standards if a locality does not adequately enforce its own rules.

Importantly for communities affected by coal dust in Southeast Newport News and Lambert's Point, many local efforts to address dust do not take the form of air-pollution ordinances at all. Because localities face limits on regulating permitted emission sources directly through air pollution ordinances, coal dust impacts must be addressed through nuisance law, zoning and land-use controls, property-maintenance codes, and administrative directives governing uncovered material piles, truck traffic, or site management practices. Ordinances targeting uncovered coal piles, visible dust deposition, debris on roadways, or the failure to implement reasonable dust-suppression measures may fall outside traditional air-pollution regulation while still providing meaningful tools to protect residents’ health and quality of life.

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

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 VA 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)
• Norfolk Southern is required to submit an annual report to the Joint Subcommittee Studying Measures to Reduce Emissions from Coal-Carrying Railroad Cars.

Enforcement

VA 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 VA 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))