Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-840, Erosion and Sediment Control Regulations. The purpose of the proposed action is to establish a fee schedule for conducting Erosion and Sediment Control Plan reviews for solar projects. Chapter 497 of the 2021 Acts of Assembly, Special Session I, requires the Department of Environmental Quality (DEQ) to review the Erosion and Sediment Control (ESC) Plans for certain solar projects and their associated infrastructure with a rated electrical generation capacity exceeding five megawatts. Item 377 N of Chapter 552 of the 2021 Acts of Assembly, Special Session I, requires DEQ to convene a working group for the purpose of developing the fee schedule for conducting the ESC Plan reviews for solar projects.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 62.1-44.15:52 of the Code of Virginia.

Public Comment Deadline: October 13, 2021.

Agency Contact: Andrew Hammond, Department of Environmental Quality, 1111 East Main Street, Suite 1400 P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4101, FAX (804) 698-4178, or email andrew.hammond@deq.virginia.gov.