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 the following regulations: 9VAC15-40, Small Renewable Energy Projects (Wind) Permit Regulation. The purpose of the proposed action is to implement new state legislation requiring the Department of Environmental Quality to develop one or more permits-by-rule for wind-energy projects with rated capacity not exceeding 100 megawatts. By means of this legislation, the General Assembly moved permitting authority for these projects from the State Corporation Commission to the Department of Environmental Quality. By requiring a "permit-by-rule," the legislature is mandating that permit requirements be set forth "up front" within this regulation, rather than being developed on a case-by-case basis. The legislature mandates that the permit-by-rule include conditions and standards necessary to protect the Commonwealth's natural resources.

The agency intends 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 Comments: Public comments may be submitted until 5 p.m. on September 30, 2009.

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.renewable.energy@gmail.com.