In addition to Wind and Solar, the 2009 “Small Renewable Energy Projects” statute addresses projects that generate electricity 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 these projects. 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 Regulation 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 on November 9, 2011. The proposed regulation was approved by the Governor and published for public comment in the October 8, 2012, Virginia Register. The public comment period ended on December 10, 2012, and one public comment was received.

The proposed final Combustion PBR Regulation, Agency Background Statement (TH-03), and Summary Memorandum were presented to the DEQ Director for his approval on January 15, 2013.  With the Director’s approval, these documents were then submitted for the second Executive Review.  The Governor’s approval was received, and the final regulation was published in the Virginia Register on July 29, 2013.  The Combustion PBR Regulation became final and effective on August 28, 2013.   Corresponding guidance for this regulation has been posted to Virginia Town Hall and provides information for applicants and interested parties.

The final Combustion PBR Regulation, Guidance, and related documents are available by clicking on the links listed in the right-hand column of this page.  Related documents include a quick-reference overview of the regulation and an informal guide to other environmental permits that are frequently required for combustion projects.DEQ Director David Paylor issued a letter to assist prospective developers who plan to utilize the Small Renewable Energy Project PBRs.

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