Renewable Energy

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Renewable energy is a form of energy produced by natural resources, such as sunlight, wind, water, and geothermal heat. It is replenished naturally at rates faster than they are consumed while reducing additional electrical generation from burning fossil fuels known to emit greenhouse gases or other air pollutants associated with traditional energy consumption.

DEQ enables the construction and operation of renewable energy projects through a permit by rule (PBR) process. A renewable energy project is deemed to have a permit if it meets the requirements of the provisions in the regulations. This authorization is required before construction and operation of a project can commence.

Through the PBR, DEQ coordinates reviews from the Department of Historic Resources, the Department of Wildlife Resources and the Department of Conservation and Recreation to ensure potential significant impacts to cultural or threatened and endangered species are avoided or mitigated. Some of the requirements for the PBR include receiving local government approval, submission of interconnection studies and agreements, conducting surveys for cultural and natural resources and developing a mitigation plan if necessary.

Program News

PBR Forms

Permit by Rule (PBR) 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.

Solar PBR Forms

The following forms may be used to fulfill requirements set forth in the solar PBR regulations (9VAC15-60):

Wind PBR Forms

The following forms may be used to fulfill requirements established in the wind PBR regulations (9VAC15-40):

Combustion PBR Forms

The following forms may be used to fulfill requirements established in the combustion PBR regulations (9VAC15-70):

Application & Modification Fees

Permit by Rule Application & Modification Fees

Fee schedules for each renewable energy project type are listed under Section 110.C:

Solar PBR fees: 9VAC15-60-110
Wind PBR fees: 9VAC15-40-110
Combustion PBR fees: 9VAC15-70-110
Energy Storage PBR fees: 9VAC15-100-110

Submit the appropriate fee(s) to DEQ at the following address:

Virginia Department of Environmental Quality
Receipts Control
P.O. Box 1104
Richmond, VA 23218

NOTE: The above address should be used for fee submittals only.

Each application for a permit by rule and each application for a modification of a permit by rule is a separate action and will require a separate fee.

All permit application fees or modification fees are due on submittal day of the application or modification package. Submittals will be deemed incomplete until the department receives payment. Incomplete payments will be deemed non-payments.

Project Modifications

PBR Project Modifications

Solar

Provided project modifications are in accordance with the requirements of the solar PBR and do not increase the rated capacity of the small solar energy project, the owner or operator of a project authorized under a permit by rule may modify its design or operation or both by providing DEQ:

New certificates prepared by a professional engineer
New documentation (required under 9VAC15-60-30), and
The appropriate fee (in accordance with 9VAC15-60-110). DEQ will review the received modification submittal (in accordance with subsection B of 9VAC15-60-30).

Wind

Provided project modifications are in accordance with the requirements of the wind PBR and do not increase the rated capacity of the small wind energy project, the owner or operator of a project authorized under a permit by rule may modify its design or operation or both by providing DEQ:

New certificates prepared by a professional engineer
New documentation (required under 9VAC15-40-30), and
The appropriate fee (in accordance with 9VAC15-40-110). DEQ will review the received modification submittal (in accordance with the provisions of subsection B of 9VAC15-40-30).

Combustion

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).

Change of Ownership

A permit by rule may be transferred to a new owner or operator if:

The current owner or operator notifies DEQ at least 30 days in advance of the transfer date by submittal of a written notice
The notice includes a written agreement between the existing and new owner or operator containing a specific date for transfer of permit responsibility, coverage, and liability between them

NOTE: the transfer of the permit by rule to the new owner or operator will be effective on the date specified in the agreement.

Applicants should note the notification requirements below if control of a project is sold or transferred to an entity different than the original applicant, even if the name of the project does not change. Enforcement actions, if required, could be brought against the owner/operator listed in PBR as well as the new entity for operating without a permit.

Solar: 9VAC15-60-100
Wind: 9VAC15-40-100
Combustion: 9VAC15-70-100

Virginia DEQ

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