Combustion

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The Small Renewable Energy Projects (Combustion) Permit by Rule Regulation was approved and first enacted August 28, 2013; it was last amended November 10, 2021. This regulation constitutes DEQ’s permit by rule for combustion energy projects; i.e., those projects that generate electricity from biomass, energy from waste, and municipal solid waste. To date, DEQ has not issued any PBRs related to combustion.

Per the definition in 9VAC15-70-10, a “combustion energy project," or "project" means a small renewable energy project that:

Is an electrical generation facility with a rated capacity not exceeding 20 megawatts that generates electricity only from biomass, energy from waste, or municipal solid waste; and
Utilizes a fuel or feedstock that is addressed as a regulated solid waste by 9VAC20-60, 9VAC20-81, or 9VAC20-120; is defined as biomass pursuant to § 10.1-1308.1 of the Code of Virginia; or both.

Below, DEQ aims to provide navigable information for anyone seeking to understand the combustion permitting process.

PBR Process for Combustion Projects

A combustion energy project with a rated capacity > 5 MW must submit a complete application to DEQ satisfying the 15 PBR requirements to construct and operate. These 15 requirements are explicitly identified in 9VAC15-70-30 A. Key application criteria include local government approval, a public notice and comment period, interconnection agreement and studies, encroachment into Coastal Avian Protection Zones (CAPZ) and corresponding mitigation fees as applicable (see 9VAC15-70-60 B. 3.), natural and cultural resource assessment and report, and a mitigation plan, as applicable.

To permit a combustion project, DEQ likely will require an air pollution control permit. Please find out more on DEQ's Air Permitting Page.

Smaller combustion energy projects meeting the criteria below are required to submit a notice of intent (NOI) and local governing body certification stating the project will comply with all applicable land use ordinances as described in 9VAC15-70-130:

Projects with a rated capacity > 500 kW and < 5 MW; or
Projects with a rated capacity > 5 MW with a disturbance zone (i) < 10 acres; (ii) > 10 acres on previously disturbed areas and impacts to undisturbed areas do not exceed an additional 10 acres; (iii) if utilizing or demolishing existing buildings, the existing buildings are < 50 years of age or > 50 years of age and determined by the Department of Historic Resources (DHR) that the structure is not Virginia Landmarks Registry (VLR)-eligible.

Combustion PBR Application Guidance

Combustion Project Modifications

Combustion PBR modifications may be made without notice to DEQ if they do not:

Increase the project's disturbance zone by more than an additional 10 acres
Cause the tallest point of the built structures to exceed 200 feet
Newly involve utilizing or demolishing a building over 50 years of age.

No fee is required for these modifications.

Combustion PBR project modifications that involve:

Increasing the disturbance zone by more than 10 additional acres
Increasing the height of the tallest point of the built structures so that it now exceeds 200 feet, or
Newly utilizing or demolishing a building over 50 years of age.

Must provide DEQ the following:

New certificates prepared by a professional engineer
New documentation (required under 9VAC15-70-30), and
The appropriate fee (in accordance with 9VAC15-70-110). DEQ will review the received modification submittal (in accordance with the provisions of subsection B of 9VAC15-70-30).

Virginia DEQ

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Combustion