Terminal Permits

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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.

Norfolk Southern has one air permit and only handles coal. Dominion Terminal Associates has also one air permit, and handles coal and coal-coke products. Kinder Morgan has 2 air permits and handles many different bulk commodities in addition to coal.

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.[1] 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. [2]
  • 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.[3]

  • 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.

Enforcement

Conditional Use Permits in Newport News, VA

Municipal Permits: Chapter 45, Article XXVII (Conditional Use Permits)[4]

  • 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[5]
    • 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.[6] 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: Dominion Terminal Associates

  • EPA Facility ID: VA0000005170000074[7]
  • State Registration Number: 60997

New Source Review Permit[8]

  • Issued July 17, 2012
  • Permit to "construct and operate a coal and petroleum coke receiving, storage and shipping facility in accordance with the provisions of the Virginia Regulations for the Control and Abatement of Air Pollution"
  • Includes limitation on amount of coal and petroleum coke to store and transported, as well as requirement for a wet suppression system as dust control.
  • Emissions limits:
    • Particulate Matter (PM): 54.0 tons/year
    • PM-10: 9.7 tons/year
    • "These emissions are derived from the estimated overall emission contribution from operating limits. Exceedance of the operating limits may be considered credible evidence of the exceedance of emission limits. Compliance with these emission limits may be determined as stated in Condition numbers 3-16 and 18-23 [of the permit]. (9 VAC 5-80-1180 and 9 VAC 5-50-260)"

NPDES Individual Permit

  • (NPDES ID: VA0057576)[9]
  • Issued December 5, 2011, Re-issued September 13, 2021
  • Expires December 31, 2026

Permits for: Kinder Morgan

  • EPA Facility ID: VA0000005170000071[10]
  • State Registration Number: 60979

Minor New Source Review permit: Bulk Material Handling and Storage [11]

  • Issued April 29, 2021
  • Permit to "construct and operate a project at a bulk material handling and storage facility in accordance with the provisions of the Virginia State Air Pollution Control Board Regulations for the Control and Abatement of Air Pollution."
  • Includes limitation on emissions, as well as requirement for a wet suppression system as dust control.
  • Emission Limits (Marine handling operations from railcar and ship loading at Pier IX)
    • PM 39.8 tons/yr
    • PM10 17.6 tons/yr
    • PM2.5 2.7 tons/yr
    • "These emissions are derived from the estimated overall emission contribution from operating limits. Exceedance of the operating limits may be considered credible evidence of the exceedance of emission limits. Compliance with these emission limits may be determined as stated in Conditions 1, 5, 6, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 22, and 23. (9VAC5-80-1180 and 9VAC5-50-260) [April 29, 2021]"
  • Emission Limits ( marine vessel unloading operations at Pier X)
    • PM10 24.3 tons/yr
    • PM2.5 3.7 tons/yr
    • "Sections 120-04-0403 and 120-05-0303 of State Regulations"

Dry Bulk Cement Permit[12]

  • Issued September 12, 2013
  • Permit to "modify and operate a dry bulk cement distribution facility in accordance with the provisions of the Virginia State Air Pollution Control Board Regulations for the Control and Abatement of Air Pollution"
  • Includes requirements to limit and mitigate emissions
  • Not for coal storage, transport, or export

Permits for: Norfolk Southern

  • State Registration Number: 60180

New Source Review permit[13]

  • Issued April 6, 1992
  • Permit to "modify and operate a coal terminal on 38th Street, Norfolk, Virginia in accordance with the provisions of the Virginia State Air Pollution Control Board Regulations for the Control and Abatement of Air Pollution"
  • Emissions limit (from silos and conveyers)
    • Total suspended particulate: 3.9lbs/hour; 6.7 tons/year
    • PM-10: 0.7lbs/hour;1.2 tons/year

Documents

Virginia Register

Dominion Terminal Associates

60997 Dominon Terminal Associates air permit. July 17, 2012.

Tax Exemption Requests

Permit Applications

Air Permit Related Correspondence

Draft Permits

Air Inspection Reports

Other

Kinder Morgan

Norfolk Southern

References

  1. ↑ https://resourcecenter.transect.com/regulations/federal/clean-air-act/title-v/permit
  2. ↑ https://www.epa.gov/title-v-operating-permits/who-has-obtain-title-v-permit
  3. ↑ Virginia DEQ, Air.
  4. ↑ cite
  5. ↑ cite
  6. ↑ https://library.municode.com/va/newport_news/codes/code_of_ordinances?nodeId=CD_ORD_CH45ZOOR_ARTXXXVADENVIPERE
  7. ↑ https://web.archive.org/web/20250528024755/https://enviro.epa.gov/envirofacts/icis-air/plant?handlerId=VA0000005170000074
  8. ↑ https://voicesinthedust.org/images/3/31/60997_Dominon_Terminal_Associates_air_permit_07-17-2012.pdf
  9. ↑ https://web.archive.org/web/20250528024356/https://enviro.epa.gov/envirofacts/multisystem/summary-report?registryId=110040845280
  10. ↑ https://web.archive.org/web/20250528033125/https://enviro.epa.gov/envirofacts/icis-air/plant?handlerId=VA0000005170000071
  11. ↑ https://voicesinthedust.org/images/5/57/60979_Kinder_Morgan_air_permit_04-29-2021.pdf
  12. ↑ https://voicesinthedust.org/images/c/cc/60979_Kinder_Morgan_air_permit_09-12-2013.pdf
  13. ↑ https://voicesinthedust.org/images/e/e5/60180_Norfolk_Southern_air_permit_04-06-1992.pdf
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