The Ohio Power Siting Board has unveiled new
regulations after its five year rule review, including 350 foot
setbacks, sound regulations, and an underground drilling contingency
plan, addressing the state’s extensive network of fracking pipes.
A Hecate Energy solar farm being built in
Highland County, Ohio, 45 miles east of Cincinnati.
Image: Hecate Energy
The Ohio Power Siting Board (OPSB) revised its
guidelines for solar facilities that exceed 50 MWac. These updates
include sound regulations that extend to a mile away, modified
setbacks – allowing for a 350 foot setback for non-participating
neighbors – and a contingency plan in the event of a horizontal
directional drilling inadvertent release of drilling fluid.
Updated guidelines now require project developers
to conduct two public information sessions prior to submitting their
proposal to the OPSB. The second of these meetings must occur a
minimum of 90 days before the application is filed to the OPSB.
Updated guidelines now require project developers to host two public
information sessions before submitting their proposal to the OPSB. The
second session must be held at least 90 days prior to the
application’s submission. If local authorities modify the solar
project’s boundaries, a subsequent public meeting must be convened to
discuss the changes, resetting the 90-day window before submission to
the OPSB.
Another pivotal change is the introduction of a new noise standard.
The OPSB notes that “sensitive receptors” will be positioned within a
mile of the project site to ensure noise levels do not surpass the
“greater of 40 dBA or the ambient daytime and nighttime average sound
level (L50) by more than five dBA.”
Setback adjustments now dictate that solar panels must be a minimum of
50 feet away from non-participating parcel boundaries, at least 300
feet from non-participating homes, and no closer than 150 feet from
the edge of pavement of any road inside or adjacent to the project
area.
Furthermore, all solar facilities must now submit a “horizontal
directional drilling inadvertent release of drilling fluid contingency
plan” alongside other mandatory paperwork. This plan is designed to
prepare for potential water contamination from the construction
process used during boring.
Horizontal Drilling Inadvertent Return Control
Plan
This boring technique is typically used to insert conduit and wiring
deeper underground to prevent any adverse impact on sensitive areas
such as streams and wetlands.
Interestingly, the board opted not to amend a particular rule, despite
numerous public requests. The OPSB chose not to clarify the phrase
“public interest, convenience, and necessity” within its rule-making
terminology, a clause that has been described by the public as
contentious.
This matters because the board recently rejected its third solar power
project due to “general opposition by local citizens and governmental
bodies.” In addition to the board’s decision, various counties in the
state have taken steps to prohibit wind and solar projects outright.
To date, ten counties have implemented solar bans. Just last month,
Clermont County Commissioners unanimously barred large solar and wind
projects in seven townships.
Ohio has a complex relationship with energy. While it is home to First
Solar, a leading solar power company, the state is currently embroiled
in a significant bribery scandal. Allegedly, over $60 million has been
funneled to various political groups to endorse H.B. 6. This
legislation provided over $1 billion in bailouts to coal and nuclear
facilities owned by FirstEnergy.
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