Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
Department of Environmental Quality
 
chapter
- Small Renewable Energy Projects (Water Related) Permit by Rule Regulation (PBR Not Necessary - See Description) [9 VAC 15 ‑ 80]    (Withdrawn)
Guidance Documents
Chapter Information
Description [Note: On December 2, 2011, the Director (1) determined that it was not necessary or appropriate, under current conditions, for DEQ to develop a PBR regulation for renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power and (2) directed a re-evaluation of the potential need for a PBR regulation concerning these water related renewable energy resources in 2014, or sooner if circumstances or public requests so indicate. DEQ completed the re-evaluation and on November 6, 2014, the Director (1) determined that it is not necessary, or appropriate, to develop a PBR and (2) that directed a re-evaluation of the need for a PBR in 2019, or sooner if circumstances or public requests so indicate. On February 28, 2020, the DEQ completed the re-evaluation and the Director (1) determined that it is still not necessary, or appropriate, to develop a PBR at the present time for small renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power and (2) requested staff to advise him if technical developments or changes to federal or state law occur that would warrant the re-evaluation of the need for the development a PBR for small renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power.
State Authority Code of Virginia Sections 10.1-1197.5 through 10.1-1197.11 , 2009 Acts of Assembly Chapters 808 and 854
Federal Authority n/a
Periodic Review Note Chapter not adopted. Director determined not necessary in 2020.
Exempt from APA No, changes to this chapter are subject to the Administrative Process Act.
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation To protect Virginia's natural resources which may be affected by the construction and operation of small water related renewable energy projects (projects generating electricity from falling water (hydroelectric), wave motion, tides, or geothermal power),
Meetings See all meetings (2) relating to this chapter.

Contact Information
Name / Title: Mary E. Major 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address: mary.major@deq.virginia.gov
Telephone: (804)698-4423    FAX: (804)698-4178    TDD: ()-
Current Actions
Action Title Latest Stage Status
None

Past Actions
Action Title Latest Stage Status
Establishment of Permit(s) by Rule For Small Renewable Energy Projects (Water Related) NOIRA Stage withdrawn on 12/05/2011 after the comment period had ended.