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 regulation: 9VAC15-70, Small Renewable Energy Projects (Combustion) Permit by Rule Regulation. The purpose of the proposed action is to implement 2009 legislation requiring the Department of Environmental Quality (DEQ) to develop one or more permits-by-rule for combustion energy projects with rated capacity not exceeding 20 megawatts. In this regulatory action, DEQ will determine what requirements, if any, must be met for small combustion renewable energy projects; that is, projects generating electricity from biomass, energy from waste, or municipal solid waste.

Regulatory Panel: The department plans to use a Regulatory Advisory Panel (RAP) to help develop a proposal. Persons interested in assisting in the development of a proposal should notify the agency contact by March 15, 2011, and provide their name, address, phone number, email address, and the organization they represent (if any). The primary function of the panel will be to develop recommended regulation provisions for DEQ consideration through the collaborative approach of regulatory negotiation and consensus. The Director of DEQ will select RAP members from the list of persons who have expressed interest in serving. Multiple applications from a single company, organization, group, or other entity count as one for purposes of making the decision specified in the preceding sentence. Notification of the composition of the panel will be sent to all applicants.

Note: The first meeting of the Combustion Regulatory Advisory Panel will be held on Tuesday, April 12, 2011, at 9:30 a.m. at DEQ's Piedmont Regional Office, 4949-A Cox Road, Glen Allen, Virginia 23060.

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: March 30, 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.