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DEQ’s Renewable Energy Permit by Rule: Overview of Wind Regulation. Carol C. Wampler Virginia Department of Environmental Quality For Virginia Offshore Wind Conference Virginia Beach June 17, 2011. An Overview. of how DEQ worked to “ensure efficient yet thorough environmental review”
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DEQ’s Renewable EnergyPermit by Rule:Overview of Wind Regulation Carol C. Wampler Virginia Department of Environmental Quality For Virginia Offshore Wind Conference Virginia Beach June 17, 2011
An Overview . . . of how DEQ worked to “ensure efficient yet thorough environmental review” at the state level
What is DEQ’s policy regarding renewable energy?
VIRGINIA ACTS OF ASSEMBLY -- 2009 RECONVENED SESSION CHAPTER 808 & 854
Directs DEQ to develop by regulations “permits by rule . . . for the construction and operation of small renewable energy projects, including such conditions and standards necessary to protect the Commonwealth’s natural resources”
Statutory Goals & Policy: • Promote renewable energy – provide certainty, timeliness, reasonable regulatory requirements • Protect natural resources – provide enforceable standards that are protective of wildlife & historic resources at/near project site
An electrical generation facility producing electricity from. . . • sunlight • wind • falling water • motion • tides • geothermal power < 100 MW OR
An electrical generation facility producing electricity from . . . • biomass • energy from waste • municipal solid waste < 20 MW
Status of Wind PBR: • Statutory deadline was January 1, 2011 • After 22 RAP meetings, 2 public comment periods, 1 public hearing, 1 public meeting, and Executive Review, the Wind PBR became final & effective on December 22, 2010 • Drafting of Guidance now in progress
Regulatory Advisory Panels(RAP’s) Balanced Group Of Stakeholders Including . . .
Regulatory Advisory Panels: Virginia Departments of . . . • Game & Inland Fisheries • Historic Resources • Conservation & Recreation • Marine Resources • Environmental Quality • Agriculture & Consumer Services • Forestry • Mines, Minerals & Energy
RAP’s (continued) • Quasi Agencies: VIMS, CCB, VA Aquarium • State Universities • VACO & Local Officials • Advocacy Groups – TNC, PEC, Sierra, Audubon • Developers – Utility & Independent
What process does the PBR replace?
State Corporation Commission: • Developer applies to SCC for individual order/permit • Environmental agencies submit recommendations to SCC re proposed site • SCC decides what environmental requirements to include in order for that site
New System: • Developer applies to DEQ for permit by rule • Environmental requirements are set forth “up front” in regulation for all sites • DEQ, in consultation with other agencies, reviews application • If applicant meets requirements and submits required certifications, then DEQ notifies applicant that project is authorized under PBR (or states deficiencies)
A Permit by Rule (PBR) is . . • Expedited permitting process used by DEQ for certain solid waste facilities & now for renewable energy • Regulation stating “up front” the criteria that applicant must meet • Requirement that applicant submit docs/certification that has met requirements • Requirement that DEQ review submission for completeness & adherence to regulation • If complete & adequate, then DEQ notifies within 90 days that project is authorized under the PBR
A Permit by Rule is not . . . • An individual permit • Site-specific • Based on a case-by-case technical analysis
Statutory Permit by Rule Requirements (“full PBR”)
PBR Criteria10.1-1197.6.B • Notice of intent • Local-government certification • Interconnection studies • Final interconnection agreement • PE certification of generation capacity • Analysis of impacts on NAAQS
PBR Criteria (continued) • Analysis of impact on natural resources • Determination of likely significant adverse impacts; mitigation plan & monitoring • PE certification of design • Operating plan • Site plan • Certification re environmental permits • Public meeting • Public comment period
DEQ’s Operative Provisions10-1:1197.6.B.7 & 8: • Analysis of natural resources (pre-construction) • Determination of likely significant impact • Wildlife • Historic resources • Mitigation & post-construction monitoring
NOTE : All necessary environmental permits (obtained or applied for) are a statutory prerequisite for PBR coverage (including DEQ permits, such as Air, Wetlands, Waste).
Further Note: 10.1-1197.6.A DEQ has authority over CONSTRUCTION and OPERATION of small renewable energy projects
Phases of a Project: • Siting • CONSTRUCTION • OPERATION • Decommissioning
Local GovernmentAuthority • Siting– compliance with local land-use ordinances • Decommissioning • Health, safety, welfare • Police powers
Local government certification of compliance with land-use ordinances is a prerequisite for PBR coverage
Local Outreach Chairman, DEQ Director David Paylor Informal Stakeholder Group met on March 31 & June 8 Work is continuing Tentative goals include model ordinances, technical support, workforce training, and repository of research
Local OutreachStakeholder Group includes: • Local Government • Developers • NGO’s/Citizens • State government • Academia
Federal requirements . . . Although not referenced in our state regulation, federal requirements must be met. Potentially, for example: Army Corps, FAA, US Fish & Wildlife, National Park Service
Our Policies & Goals include . . . • Certainty • Timeliness • Balance between facilitating renewable energy & protecting natural resources • Sound science • Consensus-based decisions where possible • Partnership of local, state, & federal authorities
Are these policies & goals also relevant for Offshore Wind?
Contact Information Carol C. Wampler Department of Environmental Quality 804-698-4579 carol.wampler@deq.virginia.gov Website: deq.virginia.gov Program information: Renewable Energy
“Small Renewable Energy Project” PBR Virginia Energy Policy E=promote renewable energy Permit by Rule Reality Legality e=protect local resources