TITLE 9. ENVIRONMENT

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Regulation

Titles of Regulations: 9VAC15-40. Small Renewable Energy Projects (Wind) Permit by Rule (amending 9VAC15-40-110).

9VAC15-60. Small Renewable Energy Projects (Solar) Permit by Rule (amending 9VAC15-60-110).

9VAC15-70. Small Renewable Energy Projects (Combustion) Permit by Rule (amending 9VAC15-70-110).

9VAC15-100. Small Energy Storage Facilities Permit by Rule (amending 9VAC15-100-110).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: April 10, 2026.

Agency Contact: Bettina Rayfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1915, or email bettina.rayfield@deq.virginia.gov.

Basis: Section 10.1-1197.6 of the Code of Virginia authorizes the Department of Environmental Quality to adopt regulations for permits by rule for small renewable energy projects, including the establishment of fee schedules, purposes for which the fees shall be used, and the establishment of a special, non-reverting fund known as the Small Renewable Energy Project Fee Fund. Specifically, § 10.1-1197.6 of the Code of Virginia directs the department to establish a schedule of fees to be payable by the owner or operator of small renewable energy projects for the purpose of funding the costs of administering and enforcing the department's small renewable energy permit by rule programs and provides that the fees shall include an additional amount to cover the department's costs of inspecting projects.

Purpose: The regulatory action is essential to protect the health, safety, and welfare of Virginia citizens because the fees will provide financial resources to be used for the oversight of Virginia's natural resources that may be affected by the construction and operation of small renewable energy projects.

Substance: The proposed amendments (i) revise the fee schedules of wind, solar, and combustion small renewable energy projects and small energy storage facilities projects and (ii) add an annual inflation adjustment to all small renewable energy permit by rule fees based on changes to the Consumer Price Index.

Issues: The primary advantage of this action to the public is a small renewable energy permit by rule program that will be properly funded and administered, which will improve compliance and consistency with the small renewable energy permit by rule program. The regulated community will also benefit from a properly funded and staffed Small Renewable Energy Program because the department uses program funds to provide assistance to developers by conducting pre-application meetings and coordinating assistance with other state agencies involved in the review of permit applications.

The primary disadvantage of this action is increased permit, modification, and retrofit fees for the regulated community, which could potentially discourage some developers from pursuing renewable energy projects that would have been pursued under the current fee structure, reducing electricity generating rated capacity to less than or equal to five megawatts to avoid owing any fee, or choosing to pursue the project in a different state. Alternatively, some developers may decide that with the proposed higher fees, applying for a permit through the State Corporation Commission (SCC) may be preferable since the SCC does not assess permitting fees for solar projects. However, the existing fee schedules are insufficient to support the Small Renewable Energy Permit by Rule Program, as required by the Code of Virginia. The fees proposed by this action will allow for proper funding of permit program oversight and administration. The fee structure in the proposed amendments, which is based upon the actual costs of administering the small renewable energy permit by rule program, is not expected to disadvantage localities, other state agencies, or the department.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Department of Environmental Quality (DEQ) proposes to increase permit application and modification fees for small renewable energy projects (wind, solar, and combustion) and for small energy storage facilities.

Background. Section 10.1-1197.6 of the Code of Virginia directs DEQ to establish a schedule of fees, to be paid by the owner or operator of a small renewable energy project, commensurate to the costs of administering and enforcing the statutory provisions in Article 5 (§ 10.1-1197.5 et seq.) of Chapter 11.1 of Title 10.1 of the Code of Virginia.² Accordingly, these four regulations assess fees for small renewable energy projects (wind, solar, and combustion) and energy storage facilities applying for a permit by rule (PBR). These one-time fees are only charged for initial permit applications for new projects and for modifications to applications; thus, they are not annual or biennial permit maintenance fees. DEQ reports that the fees assessed for the small renewable energy projects were last modified over 10 years ago, and that the energy storage PBR was adopted in 2022. DEQ also reports that while the current fees have generated an average of $128,400 in fee revenue over fiscal years (FY) 2021-2025, the current cost to run the Small Renewable Energy Permit By Rule Programs is projected to be $396,125 for FY 2026. Further, 96.72% of these expenses are due to personnel costs for subject matter experts who work with applicants to inspect projects and ensure that all permit requirements are met. The number of full-time employees in the program was reduced from four to three in FY 2026 to align program costs with the lower revenue. The proposed fee changes are summarized in the table; fees would increase by 200% across the board.

		Current fee	Proposed fee	Increase ($)	Increase (%)
9VAC15-40-110 (Wind)
PBR application (including first three years of operation)		$16,000	$48,000	$32,000	200%
PBR modification (after first three years of operation)		$5,000	$15,000	$10,000	200%
9VAC15-60-110 (Solar)
PBR application > 5 MW up to and including 25 MW		$8,000	$24,000	$16,000	200%
PBR application > 25 MW up to and including 50 MW		$10,000	$30,000	$20,000	200%
PBR application > 50 MW up to and including 75 MW		$12,000	$36,000	$24,000	200%
PBR application > 75 MW up to and including 150 MW		$14,000	$42,000	$28,000	200%
PBR modification > 5 MW up to and including 150 MW		$4,000	$12,000	$8,000	200%
9VAC15-70-110 (Combustion)
PBR application		$8,000	$24,000	$16,000	200%
PBR modification		$4,000	$12,000	$8,000	200%
9VAC15-100-110 (Storage facilities)
Project with a disturbance zone less than or equal to 10 acres		$2,500	$7,500	$5,000	200%
Project with a disturbance zone greater than 10 acres		$5,000	$15,000	$10,000	200%
Retrofit project		$500	$1,500	$1,000	200%

The program does not assess a fee for solar projects that generate less than five megawatts (MW), which excludes most homeowners, farmers, or small businesses who install rooftop solar panels. DEQ does not expect the proposed fees to present a significant hardship for applicants, or to disincentivize the development of small renewable energy projects, as the fees represent a small fraction of the overall costs of establishing a project. For example, DEQ reported that a solar project requires about ten acres of land per MW of installed capacity, so the smallest permittable project (five MW) would need to lease or purchase about 50 acres of land. According to the U.S. Department of Energy 2024 cost benchmarks for solar photovoltaic systems, the minimum cost, excluding the cost of land and storage, is approximately $0.98 per Watt (or $980,000 per MW) for a utility-scale system and $1.34 per Watt (or $1,340,000 per MW) and for a commercial (agrivoltaics) system.³ Thus, a five MW project would be expected to cost at least about $5 million in addition to the cost of securing 50 acres of land and the cost of energy storage.⁴ Lastly, DEQ also proposes adding an annual inflation adjustment to these fees based on changes in the Consumer Price Index (CPI) for urban consumers for the 12-month period ending on April 30 of the calendar year preceding the year the fee is due. Identical language would be added to all four regulations to provide the formula that would be used by DEQ each year; the adjusted fees would be posted annually on the DEQ website. The proposed formula is consistent with the CPI adjustment currently in effect for certain other permits issued by DEQ.⁵

Estimated Benefits and Costs. The primary benefit of the fee increases would be to increase revenues for the DEQ Small Renewable Energy PBR Program by a sufficient amount to cover ongoing program costs. Developers of small wind, solar, or combustion-based power generation projects who seek a PBR from DEQ would face a 200% increase in the fees to be submitted with an application or a modification. Since these fees only apply to new projects, the actual costs would depend on the actual number of applications submitted each year going forward. DEQ reports that there are 61 projects from various developers that have active notices of intent to submit the documentation for a small renewable energy PBR. However, it is unlikely that all 61 projects will submit the required documentation within a year. DEQ analysis of the permitting activity from FY 2021 through FY 2025 shows an average of 11 solar PBR applications and one modification per year. Application fees alone (or modification fees) likely represent a very small fraction of the overall cost of developing a small renewable energy project, and DEQ does not expect that the proposed fee increases would disincentivize developers from pursuing such projects. Some developers may choose to pursue approval from the State Corporation Commission (SCC) in lieu of obtaining a DEQ permit; however, DEQ reports that the PBR application process is easier to navigate for developers that are not large utilities already regulated by the SCC.

Businesses and Other Entities Affected. The proposed fee increases would affect new applicants for a PBR for a small wind, solar, or combustion-based energy project, or a new small storage facility, as well as existing permit holders who seek to make a modification to an existing small renewable energy project or storage facility. DEQ analysis of permitting activity from FY 2021 through FY 2025 shows an average of 11 solar PBR applications and one modification per year. DEQ reports that no wind or combustion permits by rule have been issued during this time period. The energy storage permit by rule was adopted in FY 2022, and there has been an average of three energy storage applications per year. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁶ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁷ Since the proposed changes would increase fees, an adverse impact is indicated.

Small Businesses⁸ Affected.⁹ DEQ reports that some renewable energy project developers may qualify as small businesses. The proposed amendments would adversely affect small renewable energy project developers by increasing the application fees for a PBR. Types and Estimated Number of Small Businesses Affected: The number of potential applicants that are small businesses is unknown. Costs and Other Effects: Renewable energy project developers that are small businesses would face the same application and modification fee increases described. Alternative Method that Minimizes Adverse Impact: Fees for solar projects are already set in tiers based on their capacity, and as mentioned previously, DEQ only received applications for small solar projects in FY 2021-2025. Thus, to the extent that small solar power businesses are more likely to develop projects with lower capacity, they would benefit from the existing tiered fee structure.

Localities¹⁰ Affected.¹¹ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments as local governments do not currently directly operate small renewable energy projects.

Projected Impact on Employment. The proposed amendments are unlikely to have a significant impact on total employment.

Effects on the Use and Value of Private Property. The proposed fee increases may marginally reduce the value of small renewable energy companies by increasing their costs. However, as discussed previously, the proposed increases are likely a small fraction of the overall costs of developing these projects. The proposed amendments do not affect real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197.6/.

³ See https://www.energy.gov/eere/solar/solar-photovoltaic-system-cost-benchmarks.

⁴ Other sources provide similar cost ranges. See https://homeguide.com/costs/solar-farm-cost and https://www.angi.com/articles/cost-solar-farm.htm.

⁵ See https://law.lis.virginia.gov/admincode/title9/agency25/chapter20/section142/.

⁶ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁷ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁸ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁹ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹⁰ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹¹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Department of Environmental Quality has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Background: The current fees assessed by regulations for wind, solar, and combustion projects are inadequate to cover the costs of the Department of Environmental Quality's small renewable energy permit by rule programs. From fiscal year (FY) 2021 through FY 2025, the fees have generated, on average, about $128,400 in fee revenue. To reduce program costs, the number of full-time employees in the program was reduced from four to three in FY 2026 to align program costs with lower revenue totals. After accounting for this reduction in staff, the current cost to run the small renewable energy permit by rule programs is projected to be about $396,125 for FY 2026.

Summary:

The proposed amendments (i) increase fees for wind, solar, and combustion small renewable energy projects and small energy storage facilities and (ii) add an annual inflation adjustment to all Small Renewable Energy Permit by Rule fees based on changes to the Consumer Price Index.

9VAC15-40-110. Fees.

A. Purpose. The purpose of this section is to establish schedules and procedures pertaining to the payment and collection of fees from any applicant seeking a new permit by rule or a modification to an existing permit by rule for a small wind energy project.

B. Permit fee payment and deposit. Fees for permit by rule applications or modifications shall be paid by the applicant as follows:

1. Due date. All permit application fees or modification fees are due on submittal day of the application or modification package.

2. Method of payment. Fees shall be paid by check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ" and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box 1104, Richmond, VA 23218. When the department is able to accept electronic payments, payments may be submitted electronically.

3. Incomplete payments. All incomplete payments shall be deemed nonpayments.

4. Late payment. No application or modification submittal will be deemed complete until the department receives proper payment.

C. Fee schedules. Each application for a permit by rule and each application for a modification of a permit by rule is a separate action and shall be assessed a separate fee. The amount of the permit application fee is based on the costs associated with the permitting program required by this chapter. The fee schedules are shown in the following table: Table 1.

Table 1
Type of Action	Fee
Permit by rule application (including first three years of operation)	$16,000 $48,000
Permit by rule modification (after first three years of operation)	$5,000 $15,000

D. Use of fees. Fees are assessed for the purpose of defraying the department's costs of administering and enforcing the provisions of this chapter, including, but not limited to, permit by rule processing, permit by rule modification processing, and inspection and monitoring of small wind energy projects to ensure compliance with this chapter. Fees collected pursuant to this section shall be used for the administrative and enforcement purposes specified in this section and in § 10.1-1197.6 E of the Code of Virginia.

E. Fund. The fees, received by the department in accordance with this chapter, shall be deposited in the Small Renewable Energy Project Fee Fund.

F. Periodic review of fees. Beginning July 1, 2012, and periodically thereafter, the department shall review the schedule of fees established pursuant to this section to ensure that the total fees collected are sufficient to cover 100% of the department's direct costs associated with use of the fees.

G. Fees set forth in this section shall be adjusted annually by the change in the Consumer Price Index (CPI). The Consumer Price Index is the Consumer Price Index for all-urban consumers (CPI-U) for the 12-month period ending on April 30 of the calendar year preceding the year the fee is due. The Consumer Price Index for all-urban consumers is published by the U.S. Department of Labor, Bureau of Labor Statistics, U.S. All items, CUUR0000SA0.

1. The fee schedule shall be calculated according to the following formulas:

F = B x C

C = 1 + ΔCPI

ΔCPI = (CPI-U – 320.795)/320.795

Where:

F = the fee due (in $)

B = the base fee rate for the type of action

C = the Consumer Price Index adjustment factor

ΔCPI = the difference between CPI-U and 320.795 (the average of the Consumer Price Index values for all-urban consumers for the period ending on April 30, 2025), expressed as a proportion of 320.795

CPI-U = the average of the Consumer Price Index values for all-urban consumers for the period ending on April 30 of the calendar year in which the adjustment is being made. (The Consumer Price Index for all-urban consumers is published by the U.S. Department of Labor, Bureau of Labor Statistics, U.S. All items, CUUR0000SA0)

2. Fees (F) calculated for each type of action shall be rounded to the nearest dollar.

9VAC15-60-110. Fees for projects subject to Part II of this chapter.

A. Fees shall be collected for a PBR or a modification to an existing PBR for a project subject to Part II (9VAC15-60-30 et seq.) of this chapter. No fee shall be required for administrative permit changes pursuant to 9VAC15-60-100 A or B.

B. Fees for PBR applications or modifications shall be paid by the applicant as follows:

1. All permit application, modification, or CAPZ mitigation fees, if applicable, are due at the time of application or modification submittal.

2. Fees shall be collected utilizing, where practicable, an online payment system. Until such system is operational, fees shall be paid by check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ" and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box 1104, Richmond, VA 23218.

a. Fees shall be in United States currency, except that agencies and institutions of the Commonwealth of Virginia may submit interagency transfers for the amount of the fee.

b. The department may provide a means to pay fees electronically. When fees are collected electronically pursuant to this part through credit cards, business transaction costs to the department associated with processing such payments may be assessed.

3. All incomplete payments shall be deemed nonpayments.

4. No PBR application or modification will be deemed complete until the department receives proper payment.

a. Interest may be charged for late payments at the underpayment rate set forth in § 58.1-15 of the Code of Virginia and calculated on a monthly basis at the applicable periodic rate. A 10% late payment fee shall be charged to any delinquent (over 90 days past due) account.

b. The department is entitled to all remedies available under the Code of Virginia in collecting any past due amount.

C. Each application for a PBR and each modification of a PBR is a separate action and shall be assessed a separate fee. The fee schedules are shown in Table 2.

Table 2 Fee Schedules
Type of Action	Fee
PBR application > 5 MW up to and including 25 MW	$8,000 $24,000
PBR application > 25 MW up to and including 50 MW	$10,000 $30,000
PBR application > 50 MW up to and including 75 MW	$12,000 $36,000
PBR application > 75 MW up to and including 150 MW	$14,000 $42,000
PBR modification > 5 MW up to and including 150 MW	$4,000 $12,000

All applicants, unless otherwise specified by the department, shall submit the following information along with the fee payment:

1. Applicant name, address, and daytime telephone number;

2. Responsible person name, address, and daytime telephone number, if different from the applicant;

3. Name of the project and project location;

4. Whether the fee is for a new PBR issuance or permit modification;

5. The amount of fee submitted; and

6. The existing permit number.

D. Fees are assessed for the purpose of defraying the department's costs of administering and enforcing the provisions of this chapter, including PBR processing, PBR modification processing, and inspection and monitoring of projects to ensure compliance with this chapter. Fees collected pursuant to this section shall be used for the administrative and enforcement purposes specified in this chapter and in § 10.1-1197.6 E of the Code of Virginia.

E. The fees received by the department in accordance with this chapter shall be deposited in the Small Renewable Energy Project Fee Fund as specified in § 10.1-1197.6 F of the Code of Virginia.

F. The department shall periodically review the schedule of fees established pursuant to this section to ensure that the total fees collected are sufficient to cover 100% of the department's direct costs associated with use of the fees.

G. Fees set forth in this section shall be adjusted annually by the change in the Consumer Price Index (CPI). The Consumer Price Index is the Consumer Price Index for all-urban consumers (CPI-U) for the 12-month period ending on April 30 of the calendar year preceding the year the fee is due. The Consumer Price Index for all-urban consumers is published by the U.S. Department of Labor, Bureau of Labor Statistics, U.S. All items, CUUR0000SA0.

1. The fee schedule shall be calculated according to the following formulas:

F = B x C

C = 1 + ΔCPI

ΔCPI = (CPI-U – 320.795)/320.795

Where:

F = the fee due (in $)

B = the base fee rate for the type of action

C = the Consumer Price Index adjustment factor

ΔCPI = the difference between CPI-U and 320.795 (the average of the Consumer Price Index values for all-urban consumers for the period ending on April 30, 2025), expressed as a proportion of 320.795

CPI-U = the average of the Consumer Price Index values for all-urban consumers for the period ending on April 30 of the calendar year in which the adjustment is being made. (The Consumer Price Index for all-urban consumers is published by the U.S. Department of Labor, Bureau of Labor Statistics, U.S. All items, CUUR0000SA0)

2. Fees (F) calculated for each type of action shall be rounded to the nearest dollar.

9VAC15-70-110. Fees for projects subject to Part II of this chapter.

A. Purpose. The purpose of this section is to establish schedules and procedures pertaining to the payment and collection of fees from any applicant seeking a new permit by rule or a modification to an existing permit by rule for a combustion energy project subject to Part II (9VAC15-70-30 et seq.) of this chapter.

B. Permit fee payment and deposit. Fees for permit by rule applications or modifications shall be paid by the applicant as follows:

1. Due date. All permit application fees or modification fees are due on submittal day of the application or modification package.

2. Method of payment. Fees shall be paid by check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ" and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box 1104, Richmond, VA 23218.

3. Incomplete payments. All incomplete payments shall be deemed nonpayments.

4. Late payment. No application or modification submittal will be deemed complete until the department receives proper payment.

C. Fee schedules. Each application for a permit by rule and each application for a modification of a permit by rule is a separate action and shall be assessed a separate fee, except as noted in 9VAC15-70-100 B 1. The amount of the permit application fee is based on the costs associated with the permitting program required by this chapter. The fee schedules are shown in the following table: Table 1.

Table 1
Type of Action	Fee
Permit by rule application	$8,000 $24,000
Permit by rule modification	$4,000 $12,000

D. Use of fees. Fees are assessed for the purpose of defraying the department's costs of administering and enforcing the provisions of this chapter, including, but not limited to, permit by rule processing, permit by rule modification processing, and inspection and monitoring of combustion energy projects to ensure compliance with this chapter. Fees collected pursuant to this section shall be used for the administrative and enforcement purposes specified in this section and in § 10.1-1197.6 E of the Code of Virginia.

E. Fund. The fees received by the department in accordance with this chapter shall be deposited in the Small Renewable Energy Project Fee Fund.

F. Periodic review of fees. Beginning July 1, 2014, and periodically thereafter, the department shall review the schedule of fees established pursuant to this section to ensure that the total fees collected are sufficient to cover 100% of the department's direct costs associated with use of the fees.

G. Fees set forth in this section shall be adjusted annually by the change in the Consumer Price Index (CPI). The Consumer Price Index is the Consumer Price Index for all-urban consumers (CPI-U) for the 12-month period ending on April 30 of the calendar year preceding the year the fee is due. The Consumer Price Index for all-urban consumers is published by the U.S. Department of Labor, Bureau of Labor Statistics, U.S. All items, CUUR0000SA0.

1. The fee schedule shall be calculated according to the following formulas:

F = B x C

C = 1 + ΔCPI

ΔCPI = (CPI-U – 320.795)/320.795

Where:

F = the fee due (in $)

B = the base fee rate for the type of action

C = the Consumer Price Index adjustment factor

ΔCPI = the difference between CPI-U and 320.795 (the average of the Consumer Price Index values for all-urban consumers for the period ending on April 30, 2025), expressed as a proportion of 320.795

CPI-U = the average of the Consumer Price Index values for all-urban consumers for the period ending on April 30 of the calendar year in which the adjustment is being made. (The Consumer Price Index for all-urban consumers is published by the U.S. Department of Labor, Bureau of Labor Statistics, U.S. All items, CUUR0000SA0)

2. Fees (F) calculated for each type of action shall be rounded to the nearest dollar.

9VAC15-100-110. Fees.

A. Fees shall be collected for an application for a PBR or an application to retrofit an existing PBR for a project subject either to 9VAC15-100-30 or 9VAC15-100-130. No fee shall be required for administrative permit changes pursuant to 9VAC15-100-100 A or B.

B. Fees for PBR applications or retrofits shall be paid by the applicant as follows.

1. All permit application and retrofit fees if applicable are due at the time of application or retrofit submittal.

2. Fees shall be collected utilizing, where practicable, an online payment system. Until such system is operational, fees shall be paid by check, draft, or postal money order made payable to "Treasurer of Virginia/DEQ" and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box 1104, Richmond, VA 23218.

a. Fees shall be in United States currency, except that agencies and institutions of the Commonwealth of Virginia may submit interagency transfers for the amount of the fee.

b. The department may provide a means to pay fees electronically. When fees are collected electronically pursuant to this section through credit cards, business transaction costs to the department associated with processing such payments may be assessed.

3. All incomplete payments shall be deemed nonpayment.

4. No PBR application, modification, or retrofit will be deemed complete until the department receives proper payment.

a. Interest may be charged for late payments at the underpayment rate set forth in § 58.1-15 of the Code of Virginia and is calculated on a monthly basis at the applicable periodic rate. A 10% late payment fee shall be charged to any delinquent (over 90 days past due) account.

b. The department is entitled to all remedies available under the Code of Virginia in collecting any past due amount.

C. Each application for a PBR and each retrofit of a PBR is a separate action and shall be assessed a separate fee. The fee for a permit application or retrofit is identified in Table 1.

Table 1
Facility Type and Size	Permit Fee
Project with a disturbance zone less than or equal to 10 acres	$2,500 $7,500
Project with a disturbance zone greater than 10 acres	$5,000 $15,000
Retrofit project	$500 $1,500

D. All applicants, unless otherwise specified by the department, shall submit the following information along with the fee payment in a form acceptable to the department and include the following information:

1. Applicant name, address, and daytime telephone number;

2. Responsible person name, address, and daytime telephone number if different from the applicant;

3. Name of the project and project location;

4. Whether the fee is for a new PBR issuance or permit retrofit;

5. The amount of fee submitted; and

6. The existing permit number.

E. Fees set forth in this section shall be adjusted annually by the change in the Consumer Price Index (CPI). The Consumer Price Index is the Consumer Price Index for all-urban consumers (CPI-U) for the 12-month period ending on April 30 of the calendar year preceding the year the fee is due. The Consumer Price Index for all-urban consumers is published by the U.S. Department of Labor, Bureau of Labor Statistics, U.S. All items, CUUR0000SA0.

1. The fee schedule shall be calculated according to the following formulas:

F = B x C

C = 1 + ΔCPI

ΔCPI = (CPI-U – 320.795)/320.795

Where:

F = the fee due (in $)

B = the base fee rate for the type of action

C = the Consumer Price Index adjustment factor

ΔCPI = the difference between CPI-U and 320.795 (the average of the Consumer Price Index values for all-urban consumers for the period ending on April 30, 2025), expressed as a proportion of 320.795

CPI-U = the average of the Consumer Price Index values for all-urban consumers for the period ending on April 30 of the calendar year in which the adjustment is being made. (The Consumer Price Index for all-urban consumers is published by the U.S. Department of Labor, Bureau of Labor Statistics, U.S. All items, CUUR0000SA0)

2. Fees (F) calculated for each type of action shall be rounded to the nearest dollar.