Virginia Air Pollution Control Board

The Virginia Air Pollution Control Board (APCB) is the citizen board responsible for adopting regulations related to air quality and emissions standards in the state. As established under Title 10.1, Chapter 13 of the Code of Virginia, the Board oversees rule-making to maintain and improve air quality and ensure compliance with both state and federal standards, including issuing special orders, setting permit fees, and authorizing emissions trading programs.

Though the Code does not contain any refences to coal or coal dust, the Board has a major influence in regulating the issue of fugitive coal dust emissions. The APCB has the authority to establish air quality standards, including those related to coal dust. It reviews and approves permits for coal-handling facilities and is responsible for ensuring that air quality standards are met. The board also has the power to implement stricter controls on emissions if warranted by the data on coal dust pollution.

Role and Jurisdiction

The Code of Virginia that gives the APCB its power defines air pollution as "the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interfere with the enjoyment by the people of life or property."(§ 10.1-1300)

Violators (any owner "violating or failing, neglecting or refusing to obey any provision of this chapter, any Board regulation or Department order, or any permit condition") may be compelled to comply by injunction (e.g. special court order compelling a party to do or refrain from doing act), mandamus (e.g. court order to a government official to perform their duty or correct an abuse of discretion) or other appropriate remedy.

Regulations (§ 10.1-1308)

• The Virginia State Air Pollution Control Board may adopt regulations (including emergency regulations) to prevent, control, and prohibit air pollution statewide or in specific regions.
• Must comply with the Administrative Process Act (§ 2.2-4000 et seq.).
• Any provisions more restrictive than federal requirements must be reported, with justification, to relevant General Assembly committees.
• Regulations must not:
  • Prohibit burning of leaves on residential property if allowed by local ordinance.
  • Promote substantial degradation of air quality in areas that already exceed regulatory standards.

Inspections and Investigations (§ 10.1-1306)

• The Department (i.e. the Department of Environmental Quality) is authorized to carry out investigations, inspections, and other necessary actions.
• Efforts should aim to:
  • Achieve and maintain air quality levels that protect human health, welfare, and safety.
  • Prevent injury to plant and animal life, as well as to property.
  • Foster the comfort and convenience of Virginia residents and enhance their enjoyment of life and property.
  • Promote the economic and social development of the Commonwealth.
  • Support public enjoyment of Virginia’s attractions

Local Ordinances (§ 10.1-1321)

• Existing local ordinances adopted prior to July 1, 1972, are grandfathered in. If any of those ordinances conflict with the Board's, the Board takes precedent, unless the local ordinance is more stringent. After June 30, 1972, any locality proposing to adopt or amend an air pollution ordinance must obtain Board approval.
• The Board will not approve amendments/ordinances that regulate emissions or permits that the Board has jurisdiction over (e.g. emission sources required to register with the Board or to obtain a permit from the Board).

Permits (§ 10.1-1322.)

• Pursuant to APCB regulations, permits may be issued, amended, revoked or terminated and reissued by the Department and may be enforced under the provisions of this chapter in the same manner as regulations and orders.
• Permit fees

Special Orders (§ 10.1-1309)

Under § 10.1-1309, the Board has the power to issue special orders. Orders issued after hearing before a hearing officer, appointed by the Supreme Court. Orders may require:

• Owners causing air pollution to cease and desist
• Owners failing to build or comply with approved air pollution control plans to do so
• Owners violating department orders or directives to comply
• Owners violating adopted air quality standards and policies to comply
• Any owner to comply with chapter provisions and department decisions

Emergency Special Orders

• Allowed without hearing if unreasonable threat to health, safety, welfare, or environment
• Must be followed by hearing within 10 days to affirm, modify, amend, or cancel

Enforcement

• Violators may choose to have the DEQ levy civil charges rather than pay civil penalties under a court. Civil charges are subject to the same conditions (though the DEQ may consider further factors that can allow for up to a 30% reduction in the fine), and paid into the state treasury into the Virginia Environmental Emergency Response Fund.
• Up to $32,500 per violation, max $100,000 per order
• Each day of violation constitutes separate offense

• Conditions:
  • At least two written notices of alleged violation for the same or related violations at the same site
  • Violations unresolved by proof of no violation, department order, or other means
  • At least 130 days since first notice
  • Finding of violations after hearing
• Penalty factors: severity, environmental harm, compliance history, economic benefit, ability to pay
• Payment goes into the treasure of the locality when the violation occurred (unless the locality is responsible, in which case it goes into the Virginia treasury)

Meetings and Membership

The APCB is composed of seven members appointed by the Governor for four-year terms. Vacancies (other than by term expiring) are also filled by the Governor appointment for the remainder of the term. Members are required to be citizens of Virginia and selected based on merit (such as education, training, and experience), not politics (§ 10.1-1301, 1302.).

Members in 2025: (note that terms expire on the listed date or upon appointment of a replacement, whichever is later)

• Kimberly Beamer (term expires 6/30/2027), from Roanoke, VA
• David Hudgins (term expires 6/30/2025), from Richmond, VA
• James Patrick Guy II (6/30/2026), from Saxe, VA
• Emily Domenech (6/30/2028), from Alexandria, VA
• Ronald Jefferson (6/30/2028), from Moneta, VA
• Crystal Bazyk (6/30/2029), from Meadowview, VA

Meetings are held four times a year at minimum, per §10.1-1304. Special meetings may also be called by the chairman or upon written request of any two members. Copies of all proceedings are kept on file in the office of the Director and available to the public. The first online publicly available meeting of the APCB online is from December 13, 1999.

Public participation is encouraged at Board meetings, including at a scheduled forum held at each regular meeting. The public forum provides citizens an opportunity to address the Board on matters beyond the agenda items, such as pending regulatory actions or pending case decisions. Historically, residents of the Hampton Roads region have used the public forum to express concern about coal dust.

History and Documents

The Repair Lab has digitized documents from the collection of the Library of Virginia containing the earliest recorded complaints about coal dust in Hampton Roads and the earliest recorded study by the Air Pollution Control Board (1977-1978)

Coal Dust

The Board has faced criticism for its failure to adopt more stringent regulations to control coal dust pollution in Hampton Roads. Advocacy groups have called for the board to implement stronger air quality standards and for more aggressive action to reduce coal dust exposure.

• Thomson, V. Climate of Capitulation. 3 Roda: Coal, Dust, and Inequality. 2017.

In Hampton Roads

• Air_Complaint-QACLK_1719304.pdf
• Digitized Air Pollution Board 1977-87

Other Documents

• Public Comments at State Air Pollution Board Meetings. November 29, 2020.