Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise.
"Administratively complete application" means an application
				  the department has determined meets the requirements of this chapter.
"Applicant" means the developer, owner, or operator that
				  submits an application to the department for a permit by rule pursuant to this
				  chapter.
"Archaeological field survey" means systematic
				  identification-level archaeological investigations as described in DHR's
				  guidelines for conducting historic resources surveys within the project area
				  and submission of necessary documentation to DHR with recommendations on
				  eligibility of identified resources for listing in the Virginia Landmarks
				  Register and National Register of Historic Places.
"Architectural field survey" means comprehensive,
				  reconnaissance-level documentation as described in DHR's guidelines for
				  conducting historic resources surveys of all standing buildings or structures
				  50 years of age or older within the project area and surrounding areas with a
				  view to the facility and submission of necessary documentation to DHR with
				  recommendations on eligibility of identified resources for listing in the
				  Virginia Landmarks Register and National Register of Historic Places.
"Begin commercial operation" means to have begun to store and
				  discharge electricity for sale to the grid. This does not include testing to
				  ensure the facility will not cause a reliability problem for the electrical
				  grid system.
"Begin construction" means a continuous program of
				  construction or land-disturbing activity necessary to construct a small energy
				  storage project.
"DACS" means the Department of Agriculture and Consumer
				  Services.
"Department" or "DEQ" means the Department of Environmental
				  Quality, the department's director or the director's designee.
"DCR" means the Department of Conservation and
				  Recreation.
"DHR" means the Department of Historic Resources.
"Disturbance zone" means the area within the site directly
				  impacted by land-disturbing activity, including construction and operation of
				  the small energy storage facility and 100 feet from the boundary of the
				  directly impacted area. A facility located within an urban area, as defined by
				  the U.S. Census Bureau, provided it is not a hybrid facility, will be subject
				  to local government zoning requirements. Hybrid facilities will be subject to
				  the requirements of any other small renewable energy project permit by rule
				  regulation that is applicable.
"Document certification" means the statement as prescribed in
				  9VAC15-100-30 B 2 a, signed by the responsible person and submitted with the
				  application documents or any supplemental information submitted to the
				  department for a PBR.
"DWR" means the Department of Wildlife Resources.
"Historic resource" means any prehistoric or historic
				  district, site, building, structure, object, or cultural landscape that is
				  included or meets the criteria necessary for inclusion in the Virginia
				  Landmarks Register pursuant to the authorities of § 10.1-2205 of the Code
				  of Virginia and in accordance with
				  17VAC5-30-40
				  through
				  17VAC5-30-70.
"Hybrid renewable energy and storage facility" or " hybrid
				  facility" means a small energy storage facility and an electrical generation
				  facility that is one of the following: (i) an electrical generation facility
				  with a rated power capacity not exceeding 150 MW in alternating current (AC)
				  that generates electricity only from sunlight or wind with an energy storage
				  facility with a rated power capacity that does not exceed 150 MW in AC; (ii) an
				  electrical generation facility with a rated power capacity not exceeding 100 MW
				  in AC that generates electricity only from falling water, wave motion, tides,
				  or geothermal power with an energy storage facility with a rated power capacity
				  that does not exceed 100MW in AC; or (iii) an electrical generation facility
				  with a rated power capacity not exceeding 20 MW in AC that generates
				  electricity only from biomass, energy from waste, or municipal solid waste with
				  an energy storage facility with a rated power capacity that does not exceed 20
				  MW in AC.
"Interconnection point" means the point where the small
				  renewable energy project connects to a project substation for transmission to
				  the electrical grid.
"Land disturbance" or "land-disturbing activity" means a
				  man-made change to the land surface that potentially changes the land surface's
				  runoff characteristics, including clearing, grading, or excavation, except that
				  the term shall not include those exemptions specified in § 62.1-44.15:34
				  of the Code of Virginia.
"Megawatt" or "MW" means a measurement of power; 1,000
				  kilowatts equals one MW.
"Natural heritage resource" means the habitat of rare,
				  threatened, or endangered plant and animal species, rare or state significant
				  natural communities or geologic sites, and similar features of scientific
				  interest benefiting the welfare of the citizens of the Commonwealth.
"Notice of Intent" or "NOI" means notification, in a manner
				  acceptable to the department, by an applicant stating intent to submit
				  documentation for a permit under this chapter.
"Operator" means the person responsible for the overall
				  operation and management of a small energy storage facility.
"Owner" means the person that owns all, a portion of, or has
				  all or a controlling interest in a small energy storage facility.
"Permit by rule," "PBR," or "permit" means provisions of the
				  regulation stating that a project or activity is deemed to have a permit if it
				  meets the requirements of the provision.
"Person" means any individual, partnership, firm,
				  association, joint venture, public or private corporation, trust, estate,
				  commission, board, public or private institution, utility, cooperative, county,
				  city, town, or other political subdivision of the Commonwealth, any interstate
				  body, or any other legal entity.
"Preconstruction" means any time prior to beginning
				  land-disturbing activities necessary for the installation of energy generating
				  or energy storage structures at the facility.
"Previously disturbed or repurposed area" means the land area
				  within the property boundary of industrial or commercial properties, including
				  brownfields, or previously mined areas. It does not include active or fallow
				  agricultural land or silvicultural land use.
"Project" refers to all aspects of small energy storage
				  facility development, including planning, permitting, construction and
				  commissioning.
"Rated power capacity" means the maximum amount of stored
				  energy of the energy storage system in kilowatt-hours or megawatt-hours that
				  can be delivered to the grid.
"Responsible person" means:
1. For a corporation or limited liability company, a
				  president, secretary, treasurer, or vice-president in charge of a principal
				  business function, or any other person who performs similar policy or
				  decision-making functions for the corporation or limited liability company or
				  is subject to Title 13.1 of the Code of Virginia;
2. For partnership or sole proprietorship, a general partner
				  or the proprietor, respectively; and
3. For a local government entity subject to Title 15.2 of the
				  Code of Virginia or state, federal, or other public agency, either a principal
				  executive officer or ranking elected official.
"Retrofit" means the addition of an energy storage facility
				  to an existing, permitted small renewable energy project.
"Site" means the area of a project that is under common
				  ownership or operating control. Electrical infrastructure and other appurtenant
				  structures up to the interconnection point shall be considered to be within the
				  site.
"Small energy storage facility" or "facility" means an energy
				  storage facility that uses electrochemical cells to convert chemical energy
				  with a rated power capacity not exceeding 150 MW in AC.
"Small renewable energy project" means
(i) an electrical generation facility with a rated power
				  capacity not exceeding 150 MW that generates electricity only from sunlight or
				  wind; (ii) an electrical generation facility with a rated capacity not
				  exceeding 100 MW that generates electricity only from falling water, wave
				  motion, tides, or geothermal power; (iii) an electrical generation facility
				  with a rated power capacity not exceeding 20 MW that generates electricity only
				  from biomass, energy from waste, or municipal solid waste; (iv) an energy
				  storage facility that uses electrochemical cells to convert chemical energy
				  with a rated power capacity not exceeding 150 MW; or (v) a hybrid project
				  composed of an electrical generation facility that meets the parameters
				  established in subdivision (i), (ii), or (iii) of this definition and an energy
				  storage facility that meets the parameters established in subdivision (iv) of
				  this definition.
"Threatened and endangered," "T&E," "state threatened or
				  endangered species," or "state-listed species" means
(i) any wildlife species designated as a Virginia endangered
				  or threatened species by DWR pursuant to the §§ 29.1-563 through
				  29.1-570 of the Code of Virginia and
				  4VAC15-20-130
				  or
(ii) any species designated as a Virginia endangered or
				  threatened species by DACS pursuant to §§ 3.2-1000-through 3.2-1100
				  of the Code of Virginia and
				  2VAC5-320-10.
"Virginia Natural Landscape Assessment Ecological Cores"
				  means large patches of natural land with at least 100 contiguous acres of
				  interior, which begins 100 meters inward from the nearest edge between natural
				  and unnatural land covers identified by DCR.
"VLR" means the Virginia Landmarks Register.
"VLR-eligible" means those historic resources that meet the
				  criteria necessary for inclusion on the VLR pursuant to
				  17VAC5-30-40
				  through
				  17VAC5-30-70
				  but are not listed in VLR.
"VLR-listed" means those historic resources that have been
				  listed in the VLR in accordance with the criteria of
				  17VAC5-30-40
				  through
				  17VAC5-30-70.
"Wildlife" means wild animals; except, however, that T&E
				  insect species shall be considered T&E wildlife.
Statutory Authority: §§ 10.1-1197.5 and
					 10.1-1197.6 of the Code of Virginia.