Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
 
Board
Department of Environmental Quality
 
chapter
Small Solar Renewable Energy Projects Permit Regulation [9 VAC 15 ‑ 60]
Action Amend 9 VAC 15-60 to comport with the requirements of Chapter 688 of the 2022 Acts of Assembly
Stage Proposed
Comment Period Ended on 12/6/2024
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11/15/24  1:09 pm
Commenter: Virginia Coalition for Human Rights

Comments to 9VAC15-60/Sections A and B
 

Our comments are bolded and pertain to 9VAC15-60/Sections A and B.

9VAC15-60-30 Application for permit by rule for small solar energy projects with rated capacity greater than five MW and disturbance zone greater than 10 acres...

A. .........shall contain all of the following:  
  1. An NOI to submit the necessary documentation for a PBR to be published in the Virginia Register of Regulations.

  a. The applicant shall submit the NOI in a format approved by the department.

  1. The Initial NOI filings shall be submitted to the department as early in the project development process as practical, but at least not less than 90 days prior to the start date of the public comment period as required under 9VAC15-60-90 or a minimum of six months before any motion to or voting actions are taken by county board of supervisors to approve or dismiss the Special Use Permit(s).
  • Future, secondary or modification refilings of NOIs post issuance of a SUP shall restart the public hearing/meetings process and invalidate any previously submitted or approved SUPs issued by the DEQ or previously approved by the Board of Supervisors. 
     
  • The initial and any subsequent re-filings or modification of/to any NOI shall contain the name(s) of the developer(s), partners, shareholders or any other entity maintaining an interest of 10% or greater and state if any of the principals, partners, shareholders or party of interest is a foreign citizen or foreign entity either private or governmental.  NOIs listing only the name of LLCs will not be accepted.
     
  • The initial NOI shall contain the GPS coordinates of project boundaries.  In addition, it shall contain project wattage and the number, type, and chemical composition of the proposed solar panels.
     
14.  A summary report of the 30-day public review and comment period conducted pursuant to 9VAC15-60-90, including shall include a summary of the issues raised by the public, any written comments received, and the applicant's written response to all of those comments.
 
B.  An applicant seeking a PBR under this part shall submit the following:
 
3. PBR applicants shall include with their applications voluntary Safety Data Sheets for the products permanently affixed to the terrain that are prepared by the product's manufacturer in order for county officials and state regulators to properly assess the risk management for establishment of secondary liability insurance rates and for establishment of policies for toxic chemical compounds and PFAS levels.

 

CommentID: 228872