Virginia Regulatory Town Hall
Department of Environmental Quality
Department of Environmental Quality
Small Energy Storage Facilities Permit by Rule [9 VAC 15 ‑ 100]
Action is Exempt from Article 2 of the Administrative Process Act
PBR regulation for Energy Storage - Adoption
Action 5906
General Information
Action Summary The General Assembly passed HB 2148 during the 2021 legislative session (Chapter 419 of the 2021 Special Session I Acts of Assembly). The legislation requires that, by January 1, 2022, the Department of Environmental Quality (DEQ) develop a permit by rule (PBR) regulation for energy storage facilities 150 megawatts (MW) or less that is similar to the existing PBR)for small renewable energy projects under Article 5, Chapter 11.1 of Title 10.1 of the Code of Virginia. The Small Energy Storage Facilities Permit by Rule, 9VAC15-100, establishes criteria, procedures and permit requirements as stipulated under the Code of Virginia (§10.1-1197.5 et seq.). The PBR requirements for a complete application to construct and operate are identified under the regulation rather than being developed on a case-by-case basis. Key application criteria include a public notice and comment period, local government approval, interconnection requirements, natural and cultural resource assessments, site plan, context map and a fee structure that should be sufficient to support the program.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Chapter 419 of the 2021 Special Session I Acts of Assembly - exempt from APA
RIS Project Yes  [7054]
Associated Mandates Establish a Permit by Rule for Certain Energy Storage Facilities
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
9527 Final Stage complete. This regulation became effective on 01/01/2022.
Contact Information
Name / Title: Mary E. Major 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4423    FAX: (804)698-4178    TDD: ()-