Renewable Energy | Virginia DEQ

The law requires the Department of Environmental Quality (DEQ) to develop regulations that use a Permit by Rule (PBR) for permitting small renewable energy projects of 150 megawatts (MW) and less. A permit by rule is a permitting mechanism that means a project is deemed to have a permit if it contains all necessary components by meeting the requirements of the regulation.

Laws

Laws pertaining to Small Renewable Energy Projects are located in Article 5 of the Code of Virginia.

§ 10.1-1197.5 Definitions
§ 10.1-1197.6 Permit by Rule for small renewable energy projects
§ 10.1-1197.7 Review and authorization of projects
§ 10.1-1197.8 Limitation of State Corporation Commission authority
§ 10.1-1197.9 Enforcement; civil penalties; criminal penalties; injunctive relief
§ 10.1-1197.10 Right of entry to inspect, etc.; warrants
§ 10.1-1197.11 Information to be furnished to the Department

Regulations

Regulations are provided on the Legislative Information System's Virginia Law Portal website.

Disclaimer: When using the PBR Guidance documents, please be aware that it is provided as guidance only and, as such, sets forth standard operating procedures for the agency. However, it does not mandate any particular method for complying with the regulations, nor does it prohibit any alternative method. If alternative proposals are made, such proposals will be reviewed and accepted or denied based upon their technical adequacy and compliance with appropriate laws and regulations.

Guidance

DEQ has developed guidance for the benefit of Wind PBR permit applicants, members of the public, and agency staff. The Wind PBR Guidance provides DEQ's suggestions as to how the requirements of 9 VAC 15-40, the "Small Renewable Energy Project (Wind) Permit by Rule" regulation, might be met. Like the statute and implementing regulations, the Wind PBR Guidance addresses pre-construction natural resource analyses, mitigation plans, post-construction monitoring, and other PBR requirements and issues. Where appropriate, the Guidance discusses methods of performing the required regulatory tasks. The Guidance consists of the following modules as described in the cover memo for the Wind PBR Guidance:

Section I: Wind PBR General
Section II: Wind PBR Methodology- includes the following documents:
- Local Government Certification Form
- Environmental Permit Certification Form
- Non-Utility Certification Form
- Utility Certification Form
- Coastal Avian Protection Zones (CAPZ) Map
- Sample Notice of Intent Letters
Section III: Wind PBR CAPZ Narrative

Solar Permit by Rule (PBR) Guidance

DEQ has developed guidance for the benefit of Solar PBR permit applicants, members of the public, and agency staff. The Solar PBR Guidance provides DEQ's suggestions as to how the requirements of 9 VAC 15-60, the "Small Renewable Energy Project (Solar) Permit by Rule" Regulation, might be met. Like the statute and implementing regulations, the Solar PBR Guidance addresses the PBR requirements and issues. Where appropriate, the Guidance discusses methods of performing the required regulatory tasks. The Guidance consists of the following modules as described in the cover memo for Solar PBR Guidance:

Section I: Solar PBR General
Section II: Solar PBR Methodology - includes the following documents:
- Local Government Certification Form
- Environmental Permit Certification Form
- Non-Utility Certification Form
- Utility Certification Form
- Coastal Avian Protection Zones (CAPZ) Map
- Sample Notice of Intent Letters
Section III: Solar PBR CAPZ Narrative

Combustion Permit by Rule (PBR) Guidance

DEQ has developed guidance for the benefit of Combustion PBR permit applicants, members of the public, and agency staff. The Combustion PBR Guidance provides DEQ's suggestions as to how the requirements of 9 VAC 15-70, the "Small Renewable Energy Project (Combustion) Permit by Rule" Regulation, might be met. Like the statute and implementing regulations, the Combustion PBR Guidance addresses the PBR requirements and issues. Where appropriate, the Guidance discusses methods of performing the required regulatory tasks. The Guidance consists of the following modules as described in the cover memo for Combustion PBR guidance:

Section I: Combustion PBR General
Section II: Combustion PBR Methodology - includes the following documents:
- Local Government Certification Form
- Environmental Permit Certification Form
- Non-Utility Certification Form
- Utility Certification Form
- Coastal Avian Protection Zones (CAPZ) Map
- Sample Notice of Intent Letters
Section III: Combustion PBR CAPZ Narrative
Combustion PBR Overview

Small Renewable Energy Facilities Permit by Rule (PBR) Guidance

Guidance for the Small Renewable Energy Facilities Permit by Rule is under development.

Learn more about your topic of interest below.

Wind

Solar

Permit by Rule (PBR) Regulations

Regulations are provided on the Legislative Information System's Virginia Law Portal website.

Solar Checklists

Solar Forms

Information on the use and completion of these forms is found in the guidance documents content section on the Virginia Town Hall under agency, Department of Environmental Quality.

Combustion

Energy Storage

Permit by Rule (PBR) Laws and Regulations

Regulations are provided on the Legislative Information System's Virginia Law Portal website.

Energy Storage Checklists

Energy Storage Forms

Information on the use and completion of these forms is found in the guidance documents content section on the Virginia Town Hall under agency, Department of Environmental Quality.

1. Notice of Intent

2. Local Governing Body Certification

3. Interconnection Studies

4. Interconnection Agreements

In accordance with § 10.1-1197.6 B 4 of the Code of Virginia, furnishes to the department a copy of the final interconnection agreement between the small renewable energy project and the regional transmission organization or transmission owner indicating that the connection of the small renewable energy project will not cause a reliability problem for the system. If the final agreement is not available, the most recent interconnection study shall be sufficient for the purposes of this section. When a final interconnection agreement is complete, it shall be provided to the department. The department shall forward a copy of the agreement or study to the State Corporation Commission;

5. Maximum Generation Capacity Certification

6. Potential Environmental Impacts Analysis

7. Natural Resources Analysis

In accordance with § 10.1-1197.6 B 7 of the Code of Virginia, furnishes to the department, where relevant, an analysis of the beneficial and adverse impacts of the proposed project on natural resources. The owner or operator shall perform the analyses prescribed in 9VAC15-60-40. For wildlife, that analysis shall be based on information on the presence, activity, and migratory behavior of wildlife to be collected at the site for a period of time dictated by the site conditions and biology of the wildlife being studied, not exceeding 12 months;

8. Mitigation Plan

In accordance with § 10.1-1197.6 B 8 of the Code of Virginia, furnishes to the department a mitigation plan pursuant to 9VAC15-60-60 that details reasonable actions to be taken by the owner or operator to avoid, minimize, or otherwise mitigate such impacts, and to measure the efficacy of those actions; provided, however, that the provisions of this subdivision shall only be required if the department determines, pursuant to 9VAC15-60-50, that the information collected pursuant to § 10.1-1197.6 B 7 of the Code of Virginia and 9VAC15-60-40 indicates that significant adverse impacts to wildlife or historic resources are likely. The mitigation plan shall be an addendum to the operating plan of the solar energy project, and the owner or operator shall implement the mitigation plan as deemed complete and adequate by the department. The mitigation plan shall be an enforceable part of the permit by rule;

9. Project Certification

10. Operating Plan

11. Site Plan

12. Obtain all Necessary Permits

13. Utility

In accordance with § 10.1-1197.6 H and I of the Code of Virginia, furnishes to the department a certification signed by the applicant that the small solar energy project is being proposed, developed, constructed, or purchased by a person that is not a utility regulated pursuant to Title 56 of the Code of Virginia or provides certification that (i) the project's costs are not recovered from Virginia jurisdictional customers under base rates, a fuel factor charge, or a rate adjustment clause, or (ii) the applicant is a utility aggregation cooperative formed under Article 2 (§ 56-231.38 et seq.) of Chapter 9.1 of Title 56 of the Code of Virginia;

14. Public Participation

Prior to authorization of the project and in accordance with § 10.1-1197.6 B 13 and B 14 of the Code of Virginia, conducts a 30-day public review and comment period and holds a public meeting pursuant to 9VAC15-60-90. The public meeting shall be held in the locality or, if the project is located in more than one locality, in a place proximate to the location of the proposed project. Following the public meeting and public comment period, the applicant shall prepare a report summarizing the issues raised by the public and include any written comments received and the applicant's response to those comments. The report shall be provided to the department as part of this application.

15. Fees

9VAC15-60-110. Fees for projects subject to Part II of this chapter

In accordance with 9VAC15-60-110, furnishes to the department the appropriate fee.

Fees for permit by rule applications or modifications shall be paid by the applicant as follows:

Due date. All permit application fees or modification fees are due on submittal day of the application or modification package.

Method of payment. Fees shall be paid by check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ" and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box 1104, Richmond, VA 23218.

Incomplete payments. All incomplete payments shall be deemed non-payments.

Late payment. No application or modification submittal will be deemed complete until the department receives proper payment.

Fee schedules

Each application for a permit by rule and each application for a modification of a permit by rule is a separate action and shall be assessed a separate fee. The amount of the permit application fee is based on the costs associated with the permitting program required by this chapter. The fee schedules are shown in the following table:

Type of PBR Action	Fee
>5 MW up to and including 25 MW	$8,000
>25 MW up to and including 50 MW	$10,000
>50 MW up to and including 75 MW	$12,000
>75 MW up to and including 150 MW	$14,000
Permit by rule modification – for any project subject to Part II of this chapter	$4,000

D. Use of fees. Fees are assessed for the purpose of defraying the department's costs of administering and enforcing the provisions of this chapter including permit by rule processing, permit by rule modification processing, and inspection and monitoring of small solar energy projects to ensure compliance with this chapter. Fees collected pursuant to this section shall be used for the administrative and enforcement purposes specified in this chapter and in § 10.1-1197.6 E of the Code of Virginia.

E. Fund. The fees, received by the department in accordance with this chapter, shall be deposited in the Small Renewable Energy Project Fee Fund.

F. Periodic review of fees. Beginning July 1, 2013, and periodically thereafter, the department shall review the schedule of fees established pursuant to this section to ensure that the total fees collected are sufficient to cover 100% of the department's direct costs associated with use of the fees.