Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Environmental Quality intends to consider promulgating 9VAC15-80, Small Renewable Energy Projects (Water Related) Permit by Rule Regulation. The purpose of the proposed action is to implement 2009 state legislation requiring the Department of Environmental Quality to develop one or more permits-by-rule for water-related energy projects with rated capacity not exceeding 100 megawatts if the department determines that a permit-by-rule is necessary. In this regulatory action, DEQ will determine what requirements, if any, must be met for small water-related renewable energy projects; that is, projects generating electricity from falling water (hydroelectric), wave motion, tides, or geothermal power.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1197.6 of the Code of Virginia.

Public Comment Deadline: September 14, 2011.

Agency Contact: Carol C. Wampler, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4579, FAX (804) 698-4346, or email carol.wampler@deq.virginia.gov.