Hanover Co Solar 2

The Virginia General Assembly gave DEQ the authority to permit renewable energy projects through the Small Renewable Energy Projects Statute in 2009. Accordingly, the Small Renewable 

Permit-by-Rule (PBR) Program was established for DEQ to enable the construction and operation of renewable energy projects.

What is a permit-by-rule (PBR)?  

A PBR is a permit that must meet certain criteria to be issued by the DEQ. A person who wants to build a small renewable energy facility, including wind, solar, energy storage, or combustion, must meet the requirements listed in Section 30, Section 120, or Section 130 of the appropriate regulation. To review the current DEQ regulations for wind, solar, combustion, and energy storage, visit the Virginia Law Legislative Information System. 

The goal of the PBR program is to streamline the permitting process for small renewable energy projects while still protecting natural resources. A “small renewable energy project” has limits on how much power it can produce:

  • Less than or equal to 150 MWAC for solar and wind projects; 

  • Less than or equal to 100 MWAC for falling water, wave motion, tides, or geothermal power; 

  • Less than or equal to 20 MWAC for biomass, waste, or municipal solid waste; and 

  • Less than or equal to 150 MWAC for battery energy storage projects that use electrochemical cells. 

    Want to learn more about the PBR permitting process? Explore the tabs below and the text that follows!

    Solar

    The Small Renewable Energy Projects (Solar) Permit by Rule (Solar PBR) regulation, 9VAC15-60, establishes criteria, procedures and permit requirements as required under the Code of Virginia (§10.1-1197.5 et seq.) which requires DEQ to create a permits-by-rule (PBR) for solar photovoltaic (PV) energy projects 150 megawatts or less.

    • The process outlined in the Solar PBR Regulation provides a reasonable degree of certainty and timeliness in the natural resource protections required for small solar renewable energy projects.
    • In addition, the Solar PBR regulation describes how DEQ will address the analyses of potential significant beneficial and adverse impacts, inter-agency consultations, mitigation plans, facility site planning, public participation, permit fees, compliance, and enforcement.

    Both DEQ and the State Corporation Commission (SCC) permit utility-scale solar facilities across the state of Virginia. To learn more about SCC's permitting process, click here.

    The DEQ PBR program does not regulate residential solar energy. For more information, contact your local government planning and zoning office. Feel free to click the 'Checklists and Resources' tab to access further information on residential solar.

    Wind

    The Virginia General Assembly enacted the Small Renewable Energy Projects Act (Chapters 808 and 854) in 2009. The first of the Permit by Rule (PBR) regulations to implement the 2009 statute soon followed for wind, which was effective as of December 22, 2010, and last amended on November 10, 2021. The DEQ Wind Permit by Rule regulation, 9VAC15-40, establishes criteria, procedures and permit requirements.

    A “Small Wind Energy Project” is defined in DEQ regulation 9VAC15-40-10 as a small renewable energy project that (i) generates electricity from wind, consisting of one or more wind turbines and other accessory structures and buildings, including substations, post-construction meteorological towers, electrical infrastructure, and other appurtenant structures and facilities within the boundaries of the site; and (ii) is designed for, or capable of, operation at a rated capacity < 150 MW. 

    Energy Storage

    The DEQ Small Energy Storage Permit by Rule regulation requires DEQ to create a permit-by-rule (PBR) for energy storage projects with a rated capacity not exceeding 150 MW.

    A Small Energy Storage Facility is defined in DEQ regulation 9VAC15-100-10 as an energy storage facility that uses electrochemical cells to convert chemical energy with a rated power capacity not exceeding 150 megawatts in alternating current (150 MW/AC). The State Corporation Commission (SCC) defines energy storage as: “any technology that is capable of absorbing energy, storing that energy for a period of time, and re-delivering that energy after storage.” 

     

    Combustion

    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.

    Advantages of the PBR Program

    • Specific, consistent, and reasonable criteria for obtaining a permit to construct and operate in Virginia. 
    • Per the regulations, DEQ must process complete permit applications in 90 days or less. 
    • Procedural transparency: Applicants and the public may track active DEQ PBR reviews using the Permitting Enhancement and Evaluation Platform (PEEP).

    Change of Ownership 

    A PBR may be transferred to a new owner through an administrative amendment to the permit.  Change of ownership notifications are required when 1) the owner of the project [owner defined as the person that owns all or has all of a controlling interest in a small renewable energy project] is transferred to another owner; or 2) PBR owners and operators sell or transfer the ownership to an entity different than the original applicant, even if the name of the project does not change. 

    Notifications must be submitted to DEQ Renewable Energy staff within 30 days of the transfer date. Notifications must include: a written agreement or acknowledgment between the current and future owner or operator of the project. This includes the specific data of the transfer of permit responsibility, coverage, and liability between them. Upon notification, DEQ will incorporate the administrative changes to the permit in a timely manner. 

    If DEQ is not notified of the transfer of ownership, enforcement actions could be brought against the owner or operator of the facility and the Responsible Person identified in the existing PBR as well as the new entity for operating without a permit. 

    The transfer of the PBR to the new owner or operator will be effective on the date specified in the agreement or acknowledgement letter. 

    For more information related to change in ownership, see the specific sections for each renewable energy project type: 

    Application & Modification Fees 

    Fee schedules for each renewable energy project type are listed in the regulations:  

    Fees may be submitted online at https://ipn2.paymentus.com/rotp/sdeq. 

    • Payment Type: Choose Application Fee (Renewable Energy)
    • Customer Number & Invoice Number: contact Amanda Weeks with DEQ’s Office of Financial Management at 804-659-1534 or amanda.weeks@deq.virginia.gov. 
    • Provide the name of the renewable energy project and project number (RE000XXX) that was assigned by Renewable Energy staff. 

     Fees may also be submitted by check to the following address: 

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

    Provide the name of the renewable energy project and project number (RE000XXX) that was assigned by Renewable Energy staff on the check. 

    Each application for a PBR and each application for a modification of a permit by rule is a separate action and requires a separate fee. All permit application fees or modification fees are due at the time the application is submitted to DEQ. Permit applications will be deemed incomplete until the payment is received. Incomplete payments will be deemed as non-payments. 

    To stay informed on DEQ's renewable energy initiatives, sign up for notifications from Virginia Regulatory Town Hall or subscribing to DEQ email updates here.