Action:
Amend 9VAC15-100 to comport with the requirements of § 10.1-1197.5 et. seq. of the Code of Virginia
Action 7017
General Information
| Action Summary |
This final exempt action corrects three technical errors identified in the existing Small Energy Storage Facilities Permit by Rule regulation (“regulation”), 9VAC15-100 et seq. The first technical error is the current definition of “rated power capacity” in 9VAC15-100-10. This definition is more aligned with maximum storage capacity that is measured in kilowatt or megawatt hours (kWh or MWh) as opposed to amount of energy in kilowatts or megawatts (kW or MW) available at any given time. DEQ researched existing expert technical definitions and determined that the definition that most accurately reflects the intent of the statute and regulation is utilized by the National Laboratory of the Rockies (NLR): “Rated power capacity is the total possible instantaneous discharge capability (in kilowatts (kW) or megawatts (MW)) of the energy storage system, or the maximum rate of discharge that the energy storage system can achieve, starting from a fully charged state.” The second technical error is found in 9VAC15-100-30 A 5 where the regulation currently uses “maximum storage capacity” in the certification requirement. To be consistent with the language of the definition of “small renewable energy project” in the statute, § 10.1-1197.5, and the corrected definition of “rated power capacity” as discussed above, “maximum storage capacity” in this instance needs to be replaced with “rated power capacity” in the certification requirement described in 9VAC15-100-30 A 5. Finally, the third technical error is found in 9VAC15-100-130 B 4, which also currently uses the term “maximum storage capacity” in the certification requirement. To be consistent with the language of the definition of “small renewable energy project” in the statute, § 10.1-1197.5, and the corrected definition of “rated power capacity” discussed above, “maximum storage capacity” in this instance needs to be replaced with “rated power capacity” in the certification requirement described in 9VAC15-100-130 B 4.
These technical corrections are exempt from Article 2 of the Administrative Process Act pursuant to § 2.2-4006 A 3 of the Code of Virginia.
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| Chapters Affected |
Only affects this chapter.
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| Executive Branch Review |
This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and
will be reviewed by the Governor's Office.
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| RIS Project |
Yes [7982] |
| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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11186
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Final
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Governor's office review in progress. |
Contact Information
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Name / Title:
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Bettina Rayfield
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Address:
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1111 E. Main Street, Suite 1400
Richmond, VA 23219
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Email Address:
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bettina.rayfield@deq.virginia.gov
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Phone:
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(804)659-1915
FAX: ()-
TDD: ()-
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This person is the primary contact for this chapter.
