In addition to Wind and Solar, the 2009 “Small Renewable Energy Projects” statute addresses electricity generation from biomass, energy from waste, and municipal solid waste. Following publication of a Notice of Intended Regulatory Action (Combustion NOIRA) in the Virginia Register of Regulations on February 28, 2011, a Regulatory Advisory Panel (Combustion RAP) was convened in March 2011 to work with DEQ staff on development of a recommended Permit by Rule (PBR) regulation for projects generating electricity from biomass, energy from waste, and municipal solid waste. For ease of communication, the RAP coined the phrase "Combustion Energy Projects" to refer to the three statutory terms of "biomass, energy from waste and municipal solid waste."

The Combustion RAP met from April to October, 2011. Minutes of the RAP’s deliberations may be found at Virginia Regulatory Town Hall [enter Keyword "Combustion " to access all associated documents]. On November 8, 2011, the proposed Combustion PBR was presented to the DEQ Director. With his approval, the proposed Combustion PBR and the Agency Background Statement (TH-02) were submitted for Executive Review. The proposed regulation was approved and published for public comment in the October 8, 2012 Virginia Register. To stay current on regulatory actions for development of the Combustion PBR, go to the Public Notices section of this Renewable Energy webpage or the Virginia Regulatory Town Hall.

DEQ Director David Paylor issued a letter to assist prospective developers who plan to utilize the Small Renewable Energy Project PBRs after the PBR regulation becomes final.

Please contact Carol Wampler at (804) 698-4579 or Carol.Wampler@deq.virginia.gov with any questions.