Notice of Intent To Prepare a Programmatic Environmental Impact Statement To Evaluate Solar Energy Development, Develop and Implement Agency-Specific Programs, Conduct Public Scoping Meetings, Amend Relevant Agency Land Use Plans, and Provide Notice of Proposed Planning Criteria, 30908-30912 [E8-12024]
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30908
Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Notices
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[FR Doc. E8–11953 Filed 5–28–08; 8:45 am]
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Notice of Intent To Prepare a
Programmatic Environmental Impact
Statement To Evaluate Solar Energy
Development, Develop and Implement
Agency-Specific Programs, Conduct
Public Scoping Meetings, Amend
Relevant Agency Land Use Plans, and
Provide Notice of Proposed Planning
Criteria
(Catalog of Federal Domestic Assistance
Numbers: 84.007 Federal Supplemental
Educational Opportunity Grant; 84.032
Federal Family Education Loan Program;
84.033 Federal Work-Study Program; 84.038
Federal Perkins Loan Program; 84.063
Federal Pell Grant Program; 84.268 William
D. Ford Federal Direct Loan Program; 84.375
Academic Competitiveness Grant; 84.376
National Science and Mathematics Access to
Retain Talent Grant)
Program Authority: 20 U.S.C. 1087rr.
VerDate Aug<31>2005
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BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
AGENCIES: Department of Energy (DOE)
and Bureau of Land Management (BLM),
Department of the Interior (DOI).
ACTION: Notice of Intent.
SUMMARY: In Executive Order 13212,
Actions to Expedite Energy-Related
Projects, the President ordered that
executive departments and agencies
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take appropriate actions ‘‘to expedite
projects that will increase the
production, transmission, or
conservation of energy.’’ In addition,
Title II, Section 211, of the Energy
Policy Act of 2005 (Pub. L. 109–58)
provides that the Secretary of the
Interior (the Secretary) should, within
10 years of enactment of the Act, ‘‘* * *
seek to have approved non-hydropower
renewable energy projects located on
the public lands with a generation
capacity of at least 10,000 megawatts of
electricity.’’ DOE and BLM (the
Agencies) have identified utility-scale
solar energy development as a
potentially critical component in
meeting these mandates. Utility-scale
solar energy projects generate electricity
that is distributed to consumers through
the electric power transmission grid.
The Agencies have determined that
specific actions should be taken to
further such energy development. The
Agencies are considering the
development and implementation of
agency-specific programs that would
establish environmental policies and
mitigation strategies (e.g., best
management practices and siting
criteria) related to solar energy
development in six western states
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Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Notices
(Arizona, California, Colorado, New
Mexico, Nevada, and Utah). DOE
proposes to develop a solar energy
program of environmental policies and
mitigation strategies that would apply to
the deployment of DOE supported solar
energy projects on BLM-administered
lands or other Federal, State, tribal, or
private lands. The BLM would establish
its own environmental policies and
mitigation strategies to use when
making decisions on whether to issue
rights-of-way for utility-scale solar
energy development projects on public
lands administered by the BLM. The
Agencies have determined that a
programmatic environmental impact
statement (PEIS) under the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321, et seq.) is
appropriate for the establishment of
specific agency-wide solar energy
programs and additional related policy.
The Agencies are issuing this Notice
of Intent to inform the public about the
proposed actions; announce plans to
conduct eight public scoping meetings;
invite public participation in the
scoping process; and solicit public
comments for consideration in
establishing the scope and content of
the PEIS, alternatives, and
environmental issues and impacts.
The Agencies will prepare the PEIS in
accordance with NEPA; the Council on
Environmental Quality regulations (40
CFR Parts 1500–1508); the Federal Land
Policy and Management Act of 1976
(FLPMA) (43 U.S.C. 1701, et seq.) DOE’s
NEPA regulations, 10 CFR Part 1021;
and BLM’s planning regulations, 43 CFR
Part 1600.
DATES: The public scoping period starts
with the publication of this notice in the
Federal Register and will continue
through July 7, 2008. Written and oral
comments will be given equal weight,
and the Agencies will consider all
comments received or postmarked by
July 7, 2008, in defining the scope of
this PEIS. Comments received or
postmarked after that date will be
considered to the extent practicable.
Public scoping meetings to obtain
comments on the PEIS will be held at
the following locations on the dates
specified below:
Riverside, California: Monday, June 16,
2008;
Barstow, California: Tuesday, June 17,
2008;
Las Vegas, Nevada: Wednesday, June 18,
2008;
Sacramento, California: Thursday, June
19, 2008;
Denver, Colorado: Monday, June 23,
2008;
Phoenix, Arizona: Tuesday, June 24,
2008;
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Salt Lake City, Utah: Wednesday, June
25, 2008;
Albuquerque, New Mexico: Thursday,
June 26, 2008.
The Agencies will announce the times
and locations of the public meetings
through the local media and the project
Web site (https://solareis.anl.gov).
ADDRESSES: The Agencies invite
interested Federal and State agencies,
organizations, Native American tribes,
and members of the public to submit
comments or suggestions to assist in
identifying significant environmental
issues and in determining the scope of
this PEIS.
You may submit written comments by
the following methods:
• Electronically, using the online
comment form available on the project
Web site: https://solareis.anl.gov. This is
the preferred method of commenting.
• In writing, addressed to: Solar
Energy PEIS Scoping, Argonne National
Laboratory, 9700 S. Cass Avenue—EVS/
900, Argonne, IL 60439.
Scoping meetings will include an
introductory presentation on: solar
energy technologies and market
prospects; the proposed actions and
scope of the PEIS, including proposed
alternatives and environmental issues
and impacts to be analyzed; and the
public participation process. Oral
comments from the public will begin
immediately after the presentation.
FOR FURTHER INFORMATION CONTACT: For
further information, including
information on how to comment, you
may contact: Lisa Jorgensen, Department
of Energy, Golden Field Office,
lisa.jorgensen@go.doe.gov, 303–275–
4906; or Linda Resseguie, BLM
Washington Office,
linda_resseguie@blm.gov, 202–452–
7774, You may also visit the Solar
Energy Development PEIS Web site at
https://solareis.anl.gov.
For general information on the DOE
NEPA process, please contact: Carol M.
Borgstrom, Director, Office of NEPA
Policy and Compliance (GC–20), U.S.
Department of Energy, 1000
Independence Avenue, SW.,
Washington, DC 20585–0119; e-mail:
AskNEPA@hq.doe.gov; telephone: 202–
586–4600; leave a message at 1–800–
472–2756; or facsimile: 202–586–7031.
SUPPLEMENTARY INFORMATION:
Background and Need for Agency
Action
In response to direction from
Congress under Title II, Section 211, of
the Energy Policy Act of 2005 (Pub.L.
109–58), as well as Executive Order
13212, Actions to Expedite EnergyRelated Projects, 66 FR 28357 published
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30909
on May 22, 2001, the Agencies are
evaluating whether environmentally
responsible utility-scale solar energy
projects can be facilitated through
developing and implementing agencyspecific programs that would establish
environmental policies and mitigation
strategies for solar energy development.
Utility-scale solar energy projects
generate electricity that is delivered
directly into the electricity transmission
grid.
The BLM has received a large number
of utility-scale solar energy project
proposals for BLM-administered lands,
mainly in Arizona, California, and
Nevada. It currently processes solar
energy right-of-way applications for
lands under its Solar Energy
Development Policy (Instruction
Memorandum No. 2007–097), which,
among other objectives, establishes
requirements for solar energy project
environmental review. The DOE Solar
Energy Technologies Program currently
addresses environmental concerns for
solar projects it sponsors through grants
on a case-by-case basis. Other DOE
program offices may use the PEIS in
future decisionmaking.
Proposed Action and Alternatives
The proposed action in this PEIS is
for the Agencies to develop and
implement agency-specific programs
that would facilitate environmentally
responsible utility-scale solar energy
development by establishing
environmental policies and mitigation
strategies related to solar energy
development in six western states
(Arizona, California, Colorado, New
Mexico, Nevada, and Utah). The study
area has been limited to these six states
based on initial resource assessment
showing they encompass the most
prospective solar energy resources
suitable for utility-scale development
over the next 20 years.
Through this PEIS, the BLM is
considering whether to establish a
Bureau-wide solar energy development
program to supplement or replace
existing BLM solar development policy,
and to amend land use plans in the sixstate study area to adopt the new
program. In addition, the BLM expects
to identify BLM-administered land in
the six state study area that may be
environmentally suitable for solar
energy development and land that
would be excluded from such
development. The PEIS will also
consider whether designation by BLM of
additional electricity transmission
corridors on BLM-administered lands is
necessary to facilitate utility-scale solar
energy development. Public lands
withdrawn or set aside for use by
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another Federal agency over which the
BLM does not have administrative
jurisdiction will not be considered by
BLM to authorize solar energy
development. The PEIS will not include
lands within the National Landscape
Conservation System, such as National
Conservation Areas, National
Monuments, Wilderness Areas,
Wilderness Study Areas, Wild and
Scenic Rivers, and National Historic and
Scenic Trails. The PEIS also will not
include lands that the BLM has
previously identified in its land use
plans as environmentally sensitive, such
as Areas of Critical Environmental
Concern or other special management
areas, that are inappropriate for or
inconsistent with extensive, surfacedisturbing uses. The intention of the
PEIS is not to eliminate the need for
site-specific environmental review for
individual utility-scale solar energy
development proposals. Site-specific
environmental reviews are expected to
be tiered to the PEIS and to be more
effective and efficient because of the
PEIS. Existing solar energy right-of-way
applications will continue to be
processed by the BLM on a site-specific,
case-by-case basis. As of the date of
publication of this Notice, no new solar
energy right-of-way applications will be
accepted by the BLM until completion
of the PEIS.
Through this PEIS, DOE is
considering developing a solar energy
program of environmental policies and
mitigation strategies that would apply to
the deployment of solar energy projects
that are supported by DOE. Policies and
mitigation measures adopted as part of
the proposed solar energy technology
deployment program would identify for
DOE, industry, and stakeholders the
best practices for deploying solar energy
and ensuring minimal impact to natural
and cultural resources on BLMadministered lands or other Federal,
State, tribal, or private lands.
The Agencies invite any Federal,
State, or local agency or tribal
government with jurisdiction by law or
special expertise in solar energy
development to be a cooperating agency.
The California Energy Commission,
California Public Utilities Commission,
and California Department of Fish and
Game have already indicated that they
plan to participate as cooperating
agencies. Other agencies or state
governments may become cooperating
agencies at a later date.
No Action Alternative
The PEIS will address the no action
alternative of (1) for DOE, not
establishing a program of environmental
policies and mitigation strategies that
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would be applicable to solar energy
technology deployment supported by its
programs, and (2) for BLM, not
establishing a Bureau-wide solar energy
development program, not amending its
land use plans, and not identifying land
that is environmentally suitable for solar
energy development or land that would
be excluded from such development.
Under the no action alternative, DOE
and BLM would continue to evaluate
solar energy projects on a case-by-case
basis (and, for BLM, in accordance with
the requirements of the Solar Energy
Development Policy, Instruction
Memorandum No. 2007–097).
Facilitated Development Alternative
The PEIS will evaluate a facilitated
development alternative (proposed
action) that includes the establishment
of (1) for DOE, a solar energy program
of environmental policies and
mitigation strategies that would apply to
the deployment of solar energy project
supported by DOE; and (2) for the BLM,
a Bureau-wide solar energy program and
the amendment of individual BLM land
use plans to address future development
of solar energy resources on BLMadministered lands. For this alternative,
the Agencies will create a reasonably
foreseeable development (RFD) scenario
to define the potential for future utilityscale solar energy development
activities over a 20-year study period.
This RFD will identify which BLM land
use plans might be amended. Examples
of possible amendments to land use
plans include the (1) adoption of
stipulations (e.g., wildlife management
guidelines) applicable to solar energy
development projects, and (2)
identification of lands with high solar
energy development potential,
including the designation of lands
suited to competitive leasing, if
applicable.
Limited Development Alternative
For BLM a ‘‘limited development’’
alternative may also be examined that
would evaluate the impacts of
previously proposed solar energy
development projects which have
complete plans of development and are
awaiting application approval.
For DOE, there are no other
alternatives at this time.
BLM Planning Criteria
The FLPMA requires the BLM to
develop land use plans, also known as
RMPs, to guide the BLM’s management
of public lands. For solar energy
projects to be developed on public lands
managed by the BLM, such activities
must be provided for in these RMPs.
One outcome of the PEIS could be to
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amend some of BLM’s existing RMPs to
adopt a new Bureau-wide solar energy
program. The BLM’s land use planning
regulations, which implement the
FLPMA, require the BLM to publish,
and provide for public review of, the
proposed planning criteria that will
guide the BLM’s land use planning
process. This Notice fulfills the BLM’s
obligation under the FLPMA and the
BLM’s planning regulations (43 CFR
1610.2(f) and 43 CFR 1610.4–2) to notify
the public of its proposed planning
criteria.
Planning criteria are the constraints,
standards, and guidelines that
determine what the BLM will or will not
consider during its planning process. As
such, they establish parameters and
help focus analysis of the issues
identified in scoping, and structure the
preparation of the PEIS. The BLM
welcomes public comment on the
following proposed planning criteria,
which will be used in the development
of the PEIS as it is prepared to analyze
RMP amendments:
• The BLM will prepare RMP
amendments in compliance with the
FLPMA, the Endangered Species Act,
the Clean Water Act, the Clean Air Act,
NEPA, and all other applicable laws,
Executive Orders, and BLM
management policies.
• The BLM will use the PEIS as the
analytical basis for any decision it
makes to amend an individual land use
plan to respond to the potential for
increased levels of solar energy
development on BLM-administered
public lands.
• The BLM will develop an RFD
scenario to predict levels of
development. It will identify lands
available for utility-scale solar energy
development, lands available for utilityscale solar energy development that
have restrictive stipulations, and lands
not available for utility-scale solar
energy development in affected plans.
• The BLM will limit its amendment
of these plans to utility-scale solar
energy development and associated
transmission issues and will not address
the management of other resources,
although the BLM will consider and
analyze the impacts from increased use
on other managed resource values.
• The BLM will continue to manage
other resources in the affected planning
areas under the pre-existing terms,
conditions, and decisions in the
applicable RMPs for those other
resources.
• The BLM will recognize valid
existing rights under the RMPs, as
amended.
• The BLM will coordinate with
Federal, State, and local agencies and
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tribal governments in the PEIS and plan
amendment process to strive for
consistency with existing plans and
policies, to the extent practicable.
• The BLM will coordinate with tribal
governments and provide strategies for
the protection of recognized traditional
uses in the PEIS and plan amendment
process.
• The BLM will take into account
appropriate protection and management
of cultural and historic resources in the
PEIS and plan amendment process, and
will engage in all required consultation.
• The BLM will recognize in the PEIS
and plan amendments the special
importance of public lands to people
who live in communities surrounded by
public lands and the importance of
public lands to the nation as a whole.
• The BLM will make every effort to
encourage public participation
throughout the PEIS process.
• The BLM has the authority to
develop protective management
prescriptions for lands with wilderness
characteristics within RMPs. As part of
the public involvement process for land
use planning, the BLM will consider
public input regarding lands to be
managed to maintain wilderness
characteristics.
• Environmental protection and
energy production are both desirable
and necessary objectives of sound land
management practices and are not to be
considered mutually exclusive
priorities.
• The BLM will consider and analyze
relevant climate change impacts in its
land use plans and associated NEPA
documents, including the anticipated
climate change benefits of solar energy.
• The BLM will use geospatial data in
a geographic information system (GIS)
to facilitate discussions of the affected
environment, formulation of
alternatives, analysis of environmental
consequences, and display of results.
Over the course of the scoping period,
as further planning criteria are
determined or developed, such criteria
will be announced on the project Web
site (https://solareis.anl.gov).
Scoping Process
Interested parties are invited to
participate in the scoping process, both
to refine the preliminary alternatives
and environmental issues to be analyzed
in depth and to eliminate from detailed
study those alternatives and
environmental issues that are not
feasible or pertinent. The scoping
process is intended to involve all
interested agencies (Federal, State,
county, and local), public interest
groups, Native American tribes,
businesses, and members of the public.
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Public scoping meetings will be held as
indicated above under the DATES
section. These scoping meetings will be
informal. The presiding officer will
establish only those procedures needed
to ensure that everyone who wishes to
speak has a chance to do so and that the
agency representatives understand all
issues and comments. Speakers will be
allocated approximately three minutes
for their oral statements. Depending on
the number of persons wishing to speak,
the presiding officer may allow longer
speaking times. Persons wishing to
speak on behalf of an organization
should identify that organization in
their request to speak. Meetings will
begin at the times specified and will
continue until all those present who
wish to participate have had an
opportunity to do so. Should any
speaker wish to provide for the record
further information that cannot be
presented within the designated time,
such information may be submitted in
writing or electronically to the
addresses in the ADDRESSES section by
the date listed in the DATES section.
The public is encouraged to
communicate information and
comments on issues it believes the
Agencies should address in the PEIS.
The Agencies request information and
comments on resources in the western
United States that utility-scale solar
energy development may impact.
Comments may address broad issues or
specific resources. Individuals should
be aware that the entire comment—
including personal identifying
information (i.e., address, phone
number, and e-mail address)—may be
made publicly available at any time.
While one can request in the comment
that personal identifying information be
withheld from public review, this
cannot be guaranteed. All comments
from organizations or businesses, and
from individuals identifying themselves
as representatives or officials of
organizations or businesses, will be
available for public inspection in their
entirety.
After gathering public comments on
issues that should be addressed in the
PEIS during the public scoping period,
the Agencies will identify and provide
the rationale in the PEIS on those issues
addressed and those issues determined
to be beyond the scope of the PEIS. A
scoping summary report will be
available for public review
approximately 45 days following
closure of the public scoping period.
The report will be posted on the project
Web site (https://solareis.anl.gov), or may
be requested from Lisa Jorgensen,
Department of Energy, Golden Field
Office, lisa.jorgensen@go.doe.gov,
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30911
303–275–4906, or Linda Resseguie, BLM
Washington Office,
linda_resseguie@blm.gov, 202–452–
7774.
Approach and Schedule for the PEIS
To consider the variety of resource
issues and concerns identified, the
Agencies will use an interdisciplinary
approach to develop the PEIS.
Specialists with expertise in disciplines
including but not limited to the
following will be involved in the
planning process: Solar energy, wildlife
and fisheries, vegetation, air quality,
outdoor recreation, archaeology,
paleontology, hydrology, soils, land use,
visual resources, sociology, and
economics.
The PEIS will describe the purpose
and need for the proposed actions,
including the effects of solar energy
development on the nation’s energy
supply, economy, and energy security. It
will also describe solar energy
technologies; the distribution of solar
energy resources on a regional scale;
activities to be undertaken for site
monitoring, evaluation, and utility-scale
development; the impacts associated
with implementing current
technologies; and mitigation measures
and constraints relevant to solar energy
development. The PEIS will consider
ongoing transmission planning efforts
underway (e.g., the Western Governors’
Association Renewable Energy Zone
Project; the California Renewable
Energy Transmission Initiative, and the
Draft PEIS entitled Designation of
Energy Corridors on Federal Land in the
11 Western States (DOE/EIS–0386) in
evaluating electricity transmission
access issues associated with solar
energy development in the six-state
study area. The need to designate
additional electricity transmission
corridors on BLM-administered lands to
facilitate utility-scale solar energy
development will be considered. The
PEIS may include NEPA analysis for a
limited number of site-specific corridor
designations on BLM-administered
lands, as appropriate.
As currently envisioned, the PEIS will
evaluate direct, indirect, and cumulative
impacts to wildlife, wildlife habitat,
threatened and endangered species, and
vegetation; proximity to wilderness or
other special management areas; and
impacts to cultural, paleontological,
socioeconomic, visual, and water
resources. These resources are
recognized as significant issues
associated with utility-scale solar energy
development.
During the public scoping period, the
Agencies will work collaboratively with
interested parties to identify the
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management decisions that are best
suited to local, regional, and national
needs and concerns. Early participation
is encouraged and will help determine
the content of each Agency’s solar
energy program and the future
management of the Federal, State, tribal
or private lands used for utility-scale
solar energy projects.
The Agencies anticipate that the Solar
Energy Development PEIS will be
completed in approximately 22 months;
the process will include public and
agency scoping; coordination and
consultation with Federal, State, and
local agencies and tribal governments;
publication of a draft PEIS; public
review of the draft PEIS; and
publication of a final PEIS. The draft
PEIS is scheduled to be issued in spring
2009. The availability of the draft PEIS
and dates for public hearings soliciting
comments on it will be announced in
the Federal Register and local media.
Comments on the draft PEIS will be
considered in preparing the final PEIS.
Interested parties not submitting
comments at this time but who would
like to receive a copy of the draft PEIS
and other project materials should
indicate this preference through the
project Web site (https://
solareis.anl.gov), or by contacting Lisa
Jorgensen or Linda Resseguie as
provided in the ADDRESSES section of
this notice.
Issued in Washington, DC, on May 23,
2008.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy, Department of Energy.
Ray Brady,
Manager, Energy Policy Act Team, Bureau
of Land Management, Department of the
Interior.
[FR Doc. E8–12024 Filed 5–28–08; 8:45 am]
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342.3, on the annual change in the
Producer Price Index for Finished
Goods (PPI–FG), plus one point three
percent (PPI+1.3). The Commission
determined in an ‘‘Order Establishing
Index For Oil Price Change Ceiling
Levels’’ issued March 21, 2006, that
PPI+1.3 is the appropriate oil pricing
index factor for pipelines to use.1
The regulations provide that the
Commission will publish annually, an
index figure reflecting the final change
in the PPI–FG, after the Bureau of Labor
Statistics publishes the final PPI–FG in
May of each calendar year. The annual
average PPI–FG index figures were
160.4 for 2006 and 166.6 for 2007.2
Thus, the percent change (expressed as
a decimal) in the annual average PPI–FG
from 2006 to 2007, plus 1.3 percent, is
positive .051653.3 Oil pipelines must
multiply their July 1, 2007, through June
30, 2008, index ceiling levels by
positive 1.051653 4 to compute their
index ceiling levels for July 1, 2008
through June 30, 2009, in accordance
with 18 CFR § 342.3(d). For guidance in
calculating the ceiling levels for each 12
month period beginning January 1,
1995,5 see Explorer Pipeline Company,
71 FERC 61,416 at n.6 (1995).
In addition to publishing the full text
of this Notice in the Federal Register,
the Commission provides all interested
persons an opportunity to view and/or
print this Notice via the Internet
through FERC’s Home Page (https://
www.ferc.gov) and in FERC’s Public
Reference Room during normal business
hours (8:30 a.m. to 5 p.m. Eastern time)
at 888 First Street, NE., Room 2A,
Washington, DC 20426. The full text of
this Notice is available on FERC’s Home
Page at the eLibrary link. To access this
document in eLibrary, type the docket
number excluding the last three digits of
this document in the docket number
field and follow other directions on the
search page.
1 114
FERC ¶ 61,293 at P 2 (2006).
of Labor Statistics (BLS) publishes the
final figure in mid-May of each year. This figure is
publicly available from the Division of Industrial
Prices and Price Indexes of the BLS, at (202) 691–
7705, and in print in August in Table 1 of the
annual data supplement to the BLS publication
Producer Price Indexes via the Internet at https://
www.bls.gov/ppi/home.htm. To obtain the BLS
data, click on ‘‘Get Detailed PPI Statistics,’’ and
then under the heading ‘‘Most Requested Statistics’’
click on ‘‘Commodity Data.’’ At the next screen,
under the heading ‘‘Producer Price Index–
Commodity,’’ select the first box, ‘‘Finished goods–
WPUSOP3000,’’ then scroll all the way to the
bottom of this screen and click on Retrieve data.
3 [166.6—160.4]/160.4 = 0.038653 + .013 =
0.051653
4 1 + 0.051653 = 1.051653
5 For a listing of all prior multipliers issued by the
Commission, see the Commission’s Web site,
https://www.ferc.gov. The table of multipliers can be
found under the headings ‘‘Oil’’ and ‘‘Index.’’
2 Bureau
Federal Energy Regulatory
Commission
[Docket No. RM93–11–000]
Revisions to Oil Pipeline Regulations
Pursuant to the Energy Policy Act of
1992; Notice of Annual Change in the
Producer Price Index for Finished
Goods
jlentini on PROD1PC65 with NOTICES
May 21, 2008.
The Commission’s regulations include
a methodology for oil pipelines to
change their rates through use of an
index system that establishes ceiling
levels for such rates. The Commission
bases the index system, found at 18 CFR
VerDate Aug<31>2005
17:45 May 28, 2008
Jkt 214001
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
User assistance is available for
eLibrary and other aspects of FERC’s
website during normal business hours.
For assistance, please contact the
Commission’s Online Support at 1–866–
208–3676 (toll free) or 202–502–6652 (email at FERCOnlineSupport@ferc.gov),
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. E-Mail
the Public Reference Room at
public.referenceroom@ferc.gov.
Kimberly D. Bose,
Secretary.
[FR Doc. E8–11912 Filed 5–28–08; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings #1
May 21, 2008.
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
Docket Numbers: RP99–301–208.
Applicants: ANR Pipeline Company.
Description: ANR Pipeline Co submits
an amendment to Rate Schedule FTS–1
and gathering negotiated rate
agreements with Eagle Energy Partners I,
LP.
Filed Date: 05/19/2008.
Accession Number: 20080520–0299.
Comment Date: 5 p.m. Eastern Time
on Monday, June 2, 2008.
Docket Numbers: RP06–200–043.
Applicants: Rockies Express Pipeline
LLC.
Description: Rockies Express Pipeline
LLC submits First Revised Sheet 9E.01
et al. to FERC Gas Tariff, Second
Revised Volume 1, to become effective
5/20/08.
Filed Date: 05/19/2008.
Accession Number: 20080520–0296.
Comment Date: 5 p.m. Eastern Time
on Monday, June 2, 2008.
Docket Numbers: RP08–251–001.
Applicants: Transcontinental Gas
Pipe Line Corp.
Description: Transcontinental Gas
Pipe Line Corp submits Fifty-Third
Revised Sheet 27 et al. to FERC Gas
Tariff, Third Revised Volume 1.
Filed Date: 05/19/2008.
Accession Number: 20080520–0295.
Comment Date: 5 p.m. Eastern Time
on Monday, June 2, 2008.
Docket Numbers: RP08–381–000.
Applicants: Questar Southern Trails
Pipeline Company.
Description: Questar Southern Trails
Pipeline Co submits Third Revised
Sheet 65 et al. to FERC Gas Tariff,
E:\FR\FM\29MYN1.SGM
29MYN1
]]>Agencies
[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Notices]
[Pages 30908-30912]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12024]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Notice of Intent To Prepare a Programmatic Environmental Impact
Statement To Evaluate Solar Energy Development, Develop and Implement
Agency-Specific Programs, Conduct Public Scoping Meetings, Amend
Relevant Agency Land Use Plans, and Provide Notice of Proposed Planning
Criteria
AGENCIES: Department of Energy (DOE) and Bureau of Land Management
(BLM), Department of the Interior (DOI).
ACTION: Notice of Intent.
-----------------------------------------------------------------------
SUMMARY: In Executive Order 13212, Actions to Expedite Energy-Related
Projects, the President ordered that executive departments and agencies
take appropriate actions ``to expedite projects that will increase the
production, transmission, or conservation of energy.'' In addition,
Title II, Section 211, of the Energy Policy Act of 2005 (Pub. L. 109-
58) provides that the Secretary of the Interior (the Secretary) should,
within 10 years of enactment of the Act, ``* * * seek to have approved
non-hydropower renewable energy projects located on the public lands
with a generation capacity of at least 10,000 megawatts of
electricity.'' DOE and BLM (the Agencies) have identified utility-scale
solar energy development as a potentially critical component in meeting
these mandates. Utility-scale solar energy projects generate
electricity that is distributed to consumers through the electric power
transmission grid. The Agencies have determined that specific actions
should be taken to further such energy development. The Agencies are
considering the development and implementation of agency-specific
programs that would establish environmental policies and mitigation
strategies (e.g., best management practices and siting criteria)
related to solar energy development in six western states
[[Page 30909]]
(Arizona, California, Colorado, New Mexico, Nevada, and Utah). DOE
proposes to develop a solar energy program of environmental policies
and mitigation strategies that would apply to the deployment of DOE
supported solar energy projects on BLM-administered lands or other
Federal, State, tribal, or private lands. The BLM would establish its
own environmental policies and mitigation strategies to use when making
decisions on whether to issue rights-of-way for utility-scale solar
energy development projects on public lands administered by the BLM.
The Agencies have determined that a programmatic environmental impact
statement (PEIS) under the National Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321, et seq.) is appropriate for the establishment
of specific agency-wide solar energy programs and additional related
policy.
The Agencies are issuing this Notice of Intent to inform the public
about the proposed actions; announce plans to conduct eight public
scoping meetings; invite public participation in the scoping process;
and solicit public comments for consideration in establishing the scope
and content of the PEIS, alternatives, and environmental issues and
impacts.
The Agencies will prepare the PEIS in accordance with NEPA; the
Council on Environmental Quality regulations (40 CFR Parts 1500-1508);
the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C.
1701, et seq.) DOE's NEPA regulations, 10 CFR Part 1021; and BLM's
planning regulations, 43 CFR Part 1600.
DATES: The public scoping period starts with the publication of this
notice in the Federal Register and will continue through July 7, 2008.
Written and oral comments will be given equal weight, and the Agencies
will consider all comments received or postmarked by July 7, 2008, in
defining the scope of this PEIS. Comments received or postmarked after
that date will be considered to the extent practicable.
Public scoping meetings to obtain comments on the PEIS will be held
at the following locations on the dates specified below:
Riverside, California: Monday, June 16, 2008;
Barstow, California: Tuesday, June 17, 2008;
Las Vegas, Nevada: Wednesday, June 18, 2008;
Sacramento, California: Thursday, June 19, 2008;
Denver, Colorado: Monday, June 23, 2008;
Phoenix, Arizona: Tuesday, June 24, 2008;
Salt Lake City, Utah: Wednesday, June 25, 2008;
Albuquerque, New Mexico: Thursday, June 26, 2008.
The Agencies will announce the times and locations of the public
meetings through the local media and the project Web site (https://
solareis.anl.gov).
ADDRESSES: The Agencies invite interested Federal and State agencies,
organizations, Native American tribes, and members of the public to
submit comments or suggestions to assist in identifying significant
environmental issues and in determining the scope of this PEIS.
You may submit written comments by the following methods:
Electronically, using the online comment form available on
the project Web site: https://solareis.anl.gov. This is the preferred
method of commenting.
In writing, addressed to: Solar Energy PEIS Scoping,
Argonne National Laboratory, 9700 S. Cass Avenue--EVS/900, Argonne, IL
60439.
Scoping meetings will include an introductory presentation on:
solar energy technologies and market prospects; the proposed actions
and scope of the PEIS, including proposed alternatives and
environmental issues and impacts to be analyzed; and the public
participation process. Oral comments from the public will begin
immediately after the presentation.
FOR FURTHER INFORMATION CONTACT: For further information, including
information on how to comment, you may contact: Lisa Jorgensen,
Department of Energy, Golden Field Office, lisa.jorgensen@go.doe.gov,
303-275-4906; or Linda Resseguie, BLM Washington Office, linda_
resseguie@blm.gov, 202-452-7774, You may also visit the Solar Energy
Development PEIS Web site at https://solareis.anl.gov.
For general information on the DOE NEPA process, please contact:
Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance (GC-
20), U.S. Department of Energy, 1000 Independence Avenue, SW.,
Washington, DC 20585-0119; e-mail: AskNEPA@hq.doe.gov; telephone: 202-
586-4600; leave a message at 1-800-472-2756; or facsimile: 202-586-
7031.
SUPPLEMENTARY INFORMATION:
Background and Need for Agency Action
In response to direction from Congress under Title II, Section 211,
of the Energy Policy Act of 2005 (Pub.L. 109-58), as well as Executive
Order 13212, Actions to Expedite Energy-Related Projects, 66 FR 28357
published on May 22, 2001, the Agencies are evaluating whether
environmentally responsible utility-scale solar energy projects can be
facilitated through developing and implementing agency-specific
programs that would establish environmental policies and mitigation
strategies for solar energy development. Utility-scale solar energy
projects generate electricity that is delivered directly into the
electricity transmission grid.
The BLM has received a large number of utility-scale solar energy
project proposals for BLM-administered lands, mainly in Arizona,
California, and Nevada. It currently processes solar energy right-of-
way applications for lands under its Solar Energy Development Policy
(Instruction Memorandum No. 2007-097), which, among other objectives,
establishes requirements for solar energy project environmental review.
The DOE Solar Energy Technologies Program currently addresses
environmental concerns for solar projects it sponsors through grants on
a case-by-case basis. Other DOE program offices may use the PEIS in
future decisionmaking.
Proposed Action and Alternatives
The proposed action in this PEIS is for the Agencies to develop and
implement agency-specific programs that would facilitate
environmentally responsible utility-scale solar energy development by
establishing environmental policies and mitigation strategies related
to solar energy development in six western states (Arizona, California,
Colorado, New Mexico, Nevada, and Utah). The study area has been
limited to these six states based on initial resource assessment
showing they encompass the most prospective solar energy resources
suitable for utility-scale development over the next 20 years.
Through this PEIS, the BLM is considering whether to establish a
Bureau-wide solar energy development program to supplement or replace
existing BLM solar development policy, and to amend land use plans in
the six-state study area to adopt the new program. In addition, the BLM
expects to identify BLM-administered land in the six state study area
that may be environmentally suitable for solar energy development and
land that would be excluded from such development. The PEIS will also
consider whether designation by BLM of additional electricity
transmission corridors on BLM-administered lands is necessary to
facilitate utility-scale solar energy development. Public lands
withdrawn or set aside for use by
[[Page 30910]]
another Federal agency over which the BLM does not have administrative
jurisdiction will not be considered by BLM to authorize solar energy
development. The PEIS will not include lands within the National
Landscape Conservation System, such as National Conservation Areas,
National Monuments, Wilderness Areas, Wilderness Study Areas, Wild and
Scenic Rivers, and National Historic and Scenic Trails. The PEIS also
will not include lands that the BLM has previously identified in its
land use plans as environmentally sensitive, such as Areas of Critical
Environmental Concern or other special management areas, that are
inappropriate for or inconsistent with extensive, surface-disturbing
uses. The intention of the PEIS is not to eliminate the need for site-
specific environmental review for individual utility-scale solar energy
development proposals. Site-specific environmental reviews are expected
to be tiered to the PEIS and to be more effective and efficient because
of the PEIS. Existing solar energy right-of-way applications will
continue to be processed by the BLM on a site-specific, case-by-case
basis. As of the date of publication of this Notice, no new solar
energy right-of-way applications will be accepted by the BLM until
completion of the PEIS.
Through this PEIS, DOE is considering developing a solar energy
program of environmental policies and mitigation strategies that would
apply to the deployment of solar energy projects that are supported by
DOE. Policies and mitigation measures adopted as part of the proposed
solar energy technology deployment program would identify for DOE,
industry, and stakeholders the best practices for deploying solar
energy and ensuring minimal impact to natural and cultural resources on
BLM-administered lands or other Federal, State, tribal, or private
lands.
The Agencies invite any Federal, State, or local agency or tribal
government with jurisdiction by law or special expertise in solar
energy development to be a cooperating agency. The California Energy
Commission, California Public Utilities Commission, and California
Department of Fish and Game have already indicated that they plan to
participate as cooperating agencies. Other agencies or state
governments may become cooperating agencies at a later date.
No Action Alternative
The PEIS will address the no action alternative of (1) for DOE, not
establishing a program of environmental policies and mitigation
strategies that would be applicable to solar energy technology
deployment supported by its programs, and (2) for BLM, not establishing
a Bureau-wide solar energy development program, not amending its land
use plans, and not identifying land that is environmentally suitable
for solar energy development or land that would be excluded from such
development. Under the no action alternative, DOE and BLM would
continue to evaluate solar energy projects on a case-by-case basis
(and, for BLM, in accordance with the requirements of the Solar Energy
Development Policy, Instruction Memorandum No. 2007-097).
Facilitated Development Alternative
The PEIS will evaluate a facilitated development alternative
(proposed action) that includes the establishment of (1) for DOE, a
solar energy program of environmental policies and mitigation
strategies that would apply to the deployment of solar energy project
supported by DOE; and (2) for the BLM, a Bureau-wide solar energy
program and the amendment of individual BLM land use plans to address
future development of solar energy resources on BLM-administered lands.
For this alternative, the Agencies will create a reasonably foreseeable
development (RFD) scenario to define the potential for future utility-
scale solar energy development activities over a 20-year study period.
This RFD will identify which BLM land use plans might be amended.
Examples of possible amendments to land use plans include the (1)
adoption of stipulations (e.g., wildlife management guidelines)
applicable to solar energy development projects, and (2) identification
of lands with high solar energy development potential, including the
designation of lands suited to competitive leasing, if applicable.
Limited Development Alternative
For BLM a ``limited development'' alternative may also be examined
that would evaluate the impacts of previously proposed solar energy
development projects which have complete plans of development and are
awaiting application approval.
For DOE, there are no other alternatives at this time.
BLM Planning Criteria
The FLPMA requires the BLM to develop land use plans, also known as
RMPs, to guide the BLM's management of public lands. For solar energy
projects to be developed on public lands managed by the BLM, such
activities must be provided for in these RMPs. One outcome of the PEIS
could be to amend some of BLM's existing RMPs to adopt a new Bureau-
wide solar energy program. The BLM's land use planning regulations,
which implement the FLPMA, require the BLM to publish, and provide for
public review of, the proposed planning criteria that will guide the
BLM's land use planning process. This Notice fulfills the BLM's
obligation under the FLPMA and the BLM's planning regulations (43 CFR
1610.2(f) and 43 CFR 1610.4-2) to notify the public of its proposed
planning criteria.
Planning criteria are the constraints, standards, and guidelines
that determine what the BLM will or will not consider during its
planning process. As such, they establish parameters and help focus
analysis of the issues identified in scoping, and structure the
preparation of the PEIS. The BLM welcomes public comment on the
following proposed planning criteria, which will be used in the
development of the PEIS as it is prepared to analyze RMP amendments:
The BLM will prepare RMP amendments in compliance with the
FLPMA, the Endangered Species Act, the Clean Water Act, the Clean Air
Act, NEPA, and all other applicable laws, Executive Orders, and BLM
management policies.
The BLM will use the PEIS as the analytical basis for any
decision it makes to amend an individual land use plan to respond to
the potential for increased levels of solar energy development on BLM-
administered public lands.
The BLM will develop an RFD scenario to predict levels of
development. It will identify lands available for utility-scale solar
energy development, lands available for utility-scale solar energy
development that have restrictive stipulations, and lands not available
for utility-scale solar energy development in affected plans.
The BLM will limit its amendment of these plans to
utility-scale solar energy development and associated transmission
issues and will not address the management of other resources, although
the BLM will consider and analyze the impacts from increased use on
other managed resource values.
The BLM will continue to manage other resources in the
affected planning areas under the pre-existing terms, conditions, and
decisions in the applicable RMPs for those other resources.
The BLM will recognize valid existing rights under the
RMPs, as amended.
The BLM will coordinate with Federal, State, and local
agencies and
[[Page 30911]]
tribal governments in the PEIS and plan amendment process to strive for
consistency with existing plans and policies, to the extent
practicable.
The BLM will coordinate with tribal governments and
provide strategies for the protection of recognized traditional uses in
the PEIS and plan amendment process.
The BLM will take into account appropriate protection and
management of cultural and historic resources in the PEIS and plan
amendment process, and will engage in all required consultation.
The BLM will recognize in the PEIS and plan amendments the
special importance of public lands to people who live in communities
surrounded by public lands and the importance of public lands to the
nation as a whole.
The BLM will make every effort to encourage public
participation throughout the PEIS process.
The BLM has the authority to develop protective management
prescriptions for lands with wilderness characteristics within RMPs. As
part of the public involvement process for land use planning, the BLM
will consider public input regarding lands to be managed to maintain
wilderness characteristics.
Environmental protection and energy production are both
desirable and necessary objectives of sound land management practices
and are not to be considered mutually exclusive priorities.
The BLM will consider and analyze relevant climate change
impacts in its land use plans and associated NEPA documents, including
the anticipated climate change benefits of solar energy.
The BLM will use geospatial data in a geographic
information system (GIS) to facilitate discussions of the affected
environment, formulation of alternatives, analysis of environmental
consequences, and display of results.
Over the course of the scoping period, as further planning criteria
are determined or developed, such criteria will be announced on the
project Web site (https://solareis.anl.gov).
Scoping Process
Interested parties are invited to participate in the scoping
process, both to refine the preliminary alternatives and environmental
issues to be analyzed in depth and to eliminate from detailed study
those alternatives and environmental issues that are not feasible or
pertinent. The scoping process is intended to involve all interested
agencies (Federal, State, county, and local), public interest groups,
Native American tribes, businesses, and members of the public. Public
scoping meetings will be held as indicated above under the DATES
section. These scoping meetings will be informal. The presiding officer
will establish only those procedures needed to ensure that everyone who
wishes to speak has a chance to do so and that the agency
representatives understand all issues and comments. Speakers will be
allocated approximately three minutes for their oral statements.
Depending on the number of persons wishing to speak, the presiding
officer may allow longer speaking times. Persons wishing to speak on
behalf of an organization should identify that organization in their
request to speak. Meetings will begin at the times specified and will
continue until all those present who wish to participate have had an
opportunity to do so. Should any speaker wish to provide for the record
further information that cannot be presented within the designated
time, such information may be submitted in writing or electronically to
the addresses in the ADDRESSES section by the date listed in the DATES
section.
The public is encouraged to communicate information and comments on
issues it believes the Agencies should address in the PEIS. The
Agencies request information and comments on resources in the western
United States that utility-scale solar energy development may impact.
Comments may address broad issues or specific resources. Individuals
should be aware that the entire comment--including personal identifying
information (i.e., address, phone number, and e-mail address)--may be
made publicly available at any time. While one can request in the
comment that personal identifying information be withheld from public
review, this cannot be guaranteed. All comments from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, will be
available for public inspection in their entirety.
After gathering public comments on issues that should be addressed
in the PEIS during the public scoping period, the Agencies will
identify and provide the rationale in the PEIS on those issues
addressed and those issues determined to be beyond the scope of the
PEIS. A scoping summary report will be available for public review
approximately 45 days following closure of the public scoping period.
The report will be posted on the project Web site (https://
solareis.anl.gov), or may be requested from Lisa Jorgensen, Department
of Energy, Golden Field Office, lisa.jorgensen@go.doe.gov, 303-275-
4906, or Linda Resseguie, BLM Washington Office, linda_
resseguie@blm.gov, 202-452-7774.
Approach and Schedule for the PEIS
To consider the variety of resource issues and concerns identified,
the Agencies will use an interdisciplinary approach to develop the
PEIS. Specialists with expertise in disciplines including but not
limited to the following will be involved in the planning process:
Solar energy, wildlife and fisheries, vegetation, air quality, outdoor
recreation, archaeology, paleontology, hydrology, soils, land use,
visual resources, sociology, and economics.
The PEIS will describe the purpose and need for the proposed
actions, including the effects of solar energy development on the
nation's energy supply, economy, and energy security. It will also
describe solar energy technologies; the distribution of solar energy
resources on a regional scale; activities to be undertaken for site
monitoring, evaluation, and utility-scale development; the impacts
associated with implementing current technologies; and mitigation
measures and constraints relevant to solar energy development. The PEIS
will consider ongoing transmission planning efforts underway (e.g., the
Western Governors' Association Renewable Energy Zone Project; the
California Renewable Energy Transmission Initiative, and the Draft PEIS
entitled Designation of Energy Corridors on Federal Land in the 11
Western States (DOE/EIS-0386) in evaluating electricity transmission
access issues associated with solar energy development in the six-state
study area. The need to designate additional electricity transmission
corridors on BLM-administered lands to facilitate utility-scale solar
energy development will be considered. The PEIS may include NEPA
analysis for a limited number of site-specific corridor designations on
BLM-administered lands, as appropriate.
As currently envisioned, the PEIS will evaluate direct, indirect,
and cumulative impacts to wildlife, wildlife habitat, threatened and
endangered species, and vegetation; proximity to wilderness or other
special management areas; and impacts to cultural, paleontological,
socioeconomic, visual, and water resources. These resources are
recognized as significant issues associated with utility-scale solar
energy development.
During the public scoping period, the Agencies will work
collaboratively with interested parties to identify the
[[Page 30912]]
management decisions that are best suited to local, regional, and
national needs and concerns. Early participation is encouraged and will
help determine the content of each Agency's solar energy program and
the future management of the Federal, State, tribal or private lands
used for utility-scale solar energy projects.
The Agencies anticipate that the Solar Energy Development PEIS will
be completed in approximately 22 months; the process will include
public and agency scoping; coordination and consultation with Federal,
State, and local agencies and tribal governments; publication of a
draft PEIS; public review of the draft PEIS; and publication of a final
PEIS. The draft PEIS is scheduled to be issued in spring 2009. The
availability of the draft PEIS and dates for public hearings soliciting
comments on it will be announced in the Federal Register and local
media. Comments on the draft PEIS will be considered in preparing the
final PEIS.
Interested parties not submitting comments at this time but who
would like to receive a copy of the draft PEIS and other project
materials should indicate this preference through the project Web site
(https://solareis.anl.gov), or by contacting Lisa Jorgensen or Linda
Resseguie as provided in the ADDRESSES section of this notice.
Issued in Washington, DC, on May 23, 2008.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy, Department
of Energy.
Ray Brady,
Manager, Energy Policy Act Team, Bureau of Land Management, Department
of the Interior.
[FR Doc. E8-12024 Filed 5-28-08; 8:45 am]
BILLING CODE 6450-01-P
