10.1-1308.1 - Streamlined permitting process for qualified energy generators.
§ 10.1-1308.1. Streamlined permitting process for qualified energy generators.
A. As used in this section:
"Biomass" means organic material that is available on a renewable orrecurring basis, including:
1. Forest-related materials, including mill residues, logging residues,forest thinnings, slash, brush, low-commercial value materials or undesirablespecies, and woody material harvested for the purpose of forest fire fuelreduction or forest health and watershed improvement;
2. Agricultural-related materials, including orchard trees, vineyard, grainor crop residues, including straws, aquatic plants and agricultural processedco-products and waste products, including fats, oils, greases, whey, andlactose;
3. Animal waste, including manure and slaughterhouse and other processingwaste;
4. Solid woody waste materials, including landscape trimmings, waste pallets,crates and manufacturing, construction, and demolition wood wastes, excludingpressure-treated, chemically treated or painted wood wastes and woodcontaminated with plastic;
5. Crops and trees planted for the purpose of being used to produce energy;
6. Landfill gas, wastewater treatment gas, and biosolids, including organicwaste byproducts generated during the wastewater treatment process; and
7. Municipal solid waste, excluding tires and medical and hazardous waste.
"Expedited process" means a process that (i) requires the applicant to payfees to the Commonwealth in connection with the issuance and processing ofthe permit application that do not exceed $50 and (ii) has a duration, fromreceipt of a complete permit application until final action by the Board orDepartment on the application, not longer than 60 days.
"Qualified energy generator" means a commercial facility located in theCommonwealth with the capacity annually to generate no more than fivemegawatts of electricity, or produce the equivalent amount of energy in theform of fuel, steam, or other energy product, that is generated or producedfrom biomass, and that is sold to an unrelated person or used in amanufacturing process.
B. The Board shall develop an expedited process for issuing any permit thatthe Board is required to issue for the construction or operation of aqualified energy generator. The development of the expedited permittingprocess shall be in accordance with subdivision A 8 of § 2.2-4006; however,if the construction or operation of a qualified energy generator is subjectto a major new source review program required by § 110(a) (2) (C) of thefederal Clean Air Act, this section shall not apply.
(2008, c. 258; 2010, c. 65.)