Virginia Air Pollution Control Board

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Overview: When and Why the Board Was Created?

The Virginia Air Pollution Control Board (APCB) was created in 1966 by the Virginia General Assembly.[1] Lawmakers established the APCB during a time when air pollution was becoming a growing public concern across the U.S. In the 1960s, smoke and fumes from factories, power plants, and cars were increasingly linked to health issues and their impacts tended to be highly visible or otherwise physically perceptible, for example, causing eyes to water. States across the U.S. began building stronger systems to monitor and control pollution.

The Virginia General Assembly created the APCB to give Virginia a formalized statewide system for addressing air pollution. The idea was to set up a body with the authority to write regulations, oversee permits, and enforce air quality laws. The APCB was designed as a citizen board, meaning its members are appointed rather than elected. This also means APCB members act in a private capacity rather than as industry representatives.

In 1970, the U.S. Congress passed the federal Clean Air Act, which required states to meet the National Ambient Air Quality Standards (NAAQS). After the Clean Air Act was enacted, the APCB became responsible not only for state air rules but also for making sure Virginia complied with the federal law, including the NAAQS.[2] Over time, the APCB's role became part of a larger federal-state system in which Virginia implements and enforces federal air quality requirements within its borders.

Former APCB member and University of Virginia professor, Vivian Thomson, in her book Climate of Capitulation, explains that Virginia's air pollution system, including the APCB, developed within a political culture that often emphasized economic growth and cooperation with industry. She describes how environmental regulation in Virginia has historically reflected negotiation and compromise. The creation and operation of the APCB, she argues, must be understood within that broader political history. The APCB was formed to protect public health and the environment, but it has always operated within economic and political pressures, especially those connected to coal.[3]

Role

The APCB is responsible for adopting regulations related to air quality in Virginia.[2] For communities concerned about air pollution, understanding the role of the APCB is essential. It is the primary state body responsible for air quality decisions, and its rules, permits, and enforcement actions shape the air that Virginians breathe.

Virginia law defines air pollution as substances in the outdoor air that may harm human health, safety, or welfare, harm plants or animals, damage property, or unreasonably interfere with people's enjoyment of life or property.[4] This definition is broad and makes clear that air pollution is not just about smoke you can see. It could include any harmful substance in the air.

The APCB's legal responsibilities are that it sets regulations, oversees permits, issues special orders, and helps ensure that the NAAQS are met. The APCB must balance protecting health and welfare with promoting the economic and social development in Virginia. The APCB operates in public meetings and takes comments from residents. The APCB works closely with the Virginia Department of Environmental Quality (VA DEQ). Together, they decide how air pollution is regulated across the state.

Air Quality Regulations, Permitting, and Enforcement

The APCB oversees rule-making to protect air quality and ensure compliance with state and federal standards, especially the NAAQS. The APCB can also adopt emergency regulations when needed. If any action by the APCB is more restrictive than required by the U.S. Clean Air Act, than the APCB must justify this action to the Virginia General Assembly. This requirement reflects the balance of power between the APCB and Virginia General Assembly.

The APCB plays a central role in air permitting. Air permits are issued, amended, revoked, terminated, and reissued under APCB regulations.[5] In practice, the VA DEQ carries out much of this work. Facilities that release certain pollutants into the air must obtain permits and follow the conditions written into those permits. Permit conditions are enforceable.

Enforcement is another important part of the APCB's authority. The APCB also has the power to issue special orders.[6] After a formal hearing, the APCB may order a facility to stop violating air laws, comply with approved pollution control plans, or follow permit conditions and regulations. In emergency situations where there is an unreasonable threat to health, safety, welfare, or the environment, the APCB may issue an emergency special order without holding a hearing first. However, a hearing must follow within ten days to decide whether the order should continue.[7]

Virginia law also allows for civil penalties.[6] Violations can result in fines of up to $32,500 per violation, with a maximum of $100,000 per order. Each day of a continuing violation can count as a separate offense. Before certain civil penalties are imposed, the law requires written notices of violation and time to resolve the problem.[6] Penalties may take into account factors such as the seriousness of the violation, environmental harm, compliance history, economic benefit, and ability to pay.[7] Funds collected are directed as provided by statute, including into the state treasury or, in some cases, to the locality where the violation occurred.

Local governments also interact with the APCB. Local air pollution ordinances adopted before July 1, 1972, were allowed to remain in effect. However, if a local ordinance conflicts with a APCB regulation, the APCB's regulation take priority unless the local ordinance is more stringent. After June 30, 1972, any locality that wants to adopt or amend an air pollution ordinance must obtain approval from the APCB.[8] The APCB will not approve local rules that regulate emissions or permits that fall under the APCB's direct jurisdiction. This means that while cities have some space to act, the APCB remains the central authority for most air regulation in Virginia.

Meetings and Membership

The APCB is composed of seven members appointed by the governor to four-year terms. Vacancies, other than by term expiring, are also filled by the governor appointment for the remainder of the term.[9] Members are required to be residents of Virginia and selected based on merit, defined as education, training, and experience, not politics.[10][11]

Meetings are held four times a year at minimum.[12] 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 and are available to the public. The first online publicly available meeting of the APCB online is from December 13, 1999.[13]

Public participation is encouraged at APCB meetings, including at a scheduled public forum held during each regular meeting. The public forum provides residents an opportunity to address the APCB on matters beyond the agenda. Historically, residents of Southeast Newport News and Lambert's Point, Norfolk have spoken at the APCB public forum to express concerns about coal dust.[14][15]

Relevance

Though Virginia law does not contain any reference to coal or coal dust, the APCB has a major influence in regulating the issue of dust pollution, including coal dust pollution. The APCB has the authority to establish air quality standards, including those related to dust. The APCB reviews and approves permits for coal-handling facilities, including Dominion Terminal Associates, Kinder Morgan Bulk Terminal, and Norfolk Southern Pier 6 Terminal, and is responsible for ensuring the NAAQS are met. The APCB has the power to implement stricter controls on emissions if warranted by any new data on coal dust pollution.

Virginia law 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."[16]

Violators, which are any owner failing or neglecting to follow Virginia law, any APCB regulation, or VA DEQ order or permit condition, can be forced to comply by injunction, mandamus, or other remedy. An injunction is special court order forcing the violator to stop what they are doing, and a mandamus is court order to a government official requiring them to perform their duty to correct an abuse of the law.

The APCB's work has real impact on residents of Southeast Newport News and Lambert's Point, including very near the coal export terminals and across Virginia along rail lines.

Documents

Coal Complaints to the APCB

Southeast Newport News

Mr. James A. Comyns, Portsmouth Properties, PTC Inc.: "Since you may not be aware, we would like to bring to your attention that there currently exist two (2) relatively new open coal storage export facilities in Newport News, Virginia (Massey and Dominion Terminals). The reason we mention this, is that we have experienced a great deal of trouble from fugitive coal dust emissions from the open storage piles of these facilities. Complaints have been numerous, and indeed the local residents around these two terminals have been extremely vocal about the situation, both to us and the press."

Lambert's Point

Summarized Comments by Beverly Mann during the APCB Meeting, February 2, 1987: "There were hundreds of citizens in the Norfolk area who felt that coal dust from the Norfolk and Western facility at Lambert's Point was causing a problem and she urged the Board to require A Reasonable Available Control Technology (RACT) on existing sources to minimize the problem. She noted that a monitor placed at her house contained over 38% coal dust and that the quality of life of the people was being adversely affected. She noted that the Norfolk and Southern, and Norfolk and Western were good neighbors but that the Board really needed to take appropriate steps to minimize fugitive emissions."

Other Documents

References

  1. ↑ Virginia Advisory Legislative Council, HD9–Environmental Management, Published Pursuant to House Joint Resolution 50, Regular Session, 1972, Richmond, Virginia, Virginia Advisory Legislative Council, 1973.
  2. ↑ 2.0 2.1 Air Pollution Control Board, Title 10.1, Chapter 13, Code of Virginia, 2025.
  3. ↑ Thomson, Climate of Capitulation: An Insider's Account of State Power in a Coal Nation, MIT Press, Cambridge, MA, 2017.
  4. ↑ Inspections, investigations, etc., § 10.1-1306, Code of Virginia.
  5. ↑ Permits, § 10.1-1322, Code of Virginia.
  6. ↑ 6.0 6.1 6.2 Issuance of Special Orders; Civil Penalties, § 10.1-1309, Code of Virginia.
  7. ↑ 7.0 7.1 Guidance Memorandum, Virginia Department of Environmental Quality, January 3, 2022.
  8. ↑ Local Ordinances, § 10.1-1321, Code of Virginia.
  9. ↑ Air Pollution Control Board, Chapter 13, Code of Virginia, 1966.
  10. ↑ State Air Pollution Control Board; Membership; Terms; Vacancies, § 10.1-1301, Code of Virginia.
  11. ↑ Qualifications of Members of Board, § 10.1-1302, Code of Virginia.
  12. ↑ Meetings of Board; Quorum, § 10.1-1304, Code of Virginia.
  13. ↑ Meetings and Public Hearings, Virginia Regulatory Town Hall, 2025.
  14. ↑ Public Comments at State Air Pollution Board Meetings, November 29, 2020.
  15. ↑ Digitized Air Pollution Board 1977-87
  16. ↑ Definitions, § 10.1-1300, Code of Virginia.
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