Terminal air permitting and 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.

There is no evidence that coal terminals in Newport News or Norfolk automatically require a Conditional Use Permit (CUP) or other city permit to operate. Coal terminals operate within industrial zoning districts (e.g. M1 or M2) where coal handling is an allowed use by right rather than a conditional use needing special approval.

Norfolk Southern has one air permit and only handles coal. Dominion Terminal Associates also has 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.

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.

New Source Review Permits (NSR)

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.[1]

  • 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.

EPA Title V Operating Permits

Title V of the U.S. Clean Air Act 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. 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.[2] 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.

EPA Title V permits are not required for any of the coal export terminals in Southeast Newport News or Lambert's Point, Norfolk.

Dominion Terminal Associates

  • EPA Facility ID: VA0000005170000074[3]
  • State Registration Number: 60997

New Source Review Permit

  • Issued July 17, 2012[4]
  • 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
    • PM10: 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)"

Kinder Morgan

  • EPA Facility ID: VA0000005170000071[5]
  • State Registration Number: 60979

Minor New Source Review permit: Bulk Material Handling and Storage [6]

  • 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[7]

  • 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

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.[8]

  • State Registration Number: 60180

New Source Review permit[9]

  • 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
    • PM10: 0.7lbs/hour;1.2 tons/year

Documents

Dominion Terminal Associates

Permit Applications

Air Permit Related Correspondence

Draft Permits

Kinder Morgan

Norfolk Southern

Other

References

  1. ↑ Air. Virginia Department of Environmental Quality. 2025.
  2. ↑ A Guide to the Clean Air Act Title V Operating Permit Requirements, Process, and Compliance, Transect. 2021.
  3. ↑ ICIS-Air Detailed Plant View. U.S. EPA. 2025.
  4. ↑ Stationary Source Permit to Construct and Operate. Department of Environmental Quality. July 17, 2012.
  5. ↑ ICIS-Air Detailed Plant View. U.S. EPA. June 16, 2025.
  6. ↑ Stationary Source Permit to Construct and Operate. Virginia Department of Environmental Quality. April 29, 2021.
  7. ↑ Stationary Source Permit to Modify and Operate. Virginia Department of Environmental Quality. September 12, 2013.
  8. ↑ Haffner, K. Stricter federal air pollution standards likely won’t help Hampton Roads communities plagued by coal dust. WHRO. March 21, 2024
  9. ↑ Stationary Source Permit to Modify and Operate. State Air Pollution Control Board. April 6, 1992.
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