Biomass Crop Assistance Program, 65995-66007 [2010-26872]
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65995
Proposed Rules
Federal Register
Vol. 75, No. 207
Wednesday, October 27, 2010
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1450
Biomass Crop Assistance Program
Commodity Credit Corporation
and Farm Service Agency, USDA.
ACTION: Record of Decision.
AGENCY:
This document presents the
Record of Decision (ROD) regarding FSA
implementation of the Biomass Crop
Assistance Program (BCAP) as provided
for in the Food, Conservation, and
Energy Act of 2008 (the 2008 Farm Bill).
The U.S. Department of Agriculture
(USDA), Farm Service Agency (FSA)
prepared a Final Programmatic
Environmental Impact Statement (PEIS)
for BCAP. A Notice of Availability
(NOA) of that PEIS was published in the
Federal Register on June 25, 2010. This
decision record summarizes the reasons
FSA has selected the Proposed Action
Alternatives taking into account the
program’s expected environmental and
socioeconomic impacts and benefits as
documented in the PEIS, all of which
were considered in this decision.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
The Decision
Having undertaken a thorough
evaluation of the resource areas affected
by BCAP, a detailed analysis of the
alternatives, a comprehensive review of
public comments on the Draft PEIS,
comments received on the Notice of
Fund Availability (NOFA) to the
Matching Payment component of BCAP,
experience from administering the
Matching Payments component of
BCAP, and public comments received
on the proposed rule, FSA has decided
to implement Alternative 2, the Selected
Alternative, identified for BCAP. This
decision was made after comparing
overall environmental impacts and
other relevant information with regard
to the reasonable alternatives
considered in the BCAP PEIS and
through the additional public input on
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the BCAP following the guidance of the
Administrative Procedures Act (Pub. L.
79–404) and agency rules, opinions,
orders, records, and proceedings.
Alternative 2 was selected as the
alternative that was most consistent
with the intent and language of the 2008
Farm Bill (Pub. L. 110–246), while being
environmentally responsible and
reasonable to implement, and that
would not have significant negative
impacts. The following briefly describes
the purpose and need for the proposed
action and the alternatives considered.
Purpose and Need for the Proposed
Action
The purpose of the Proposed Action
is to establish and administer BCAP, as
specified the 2008 Farm Bill. The need
for the Proposed Action is to implement
BCAP for the purposes specified in the
2008 Farm Bill, specifically to promote
the establishment and production of
eligible dedicated energy crops.
The purpose of the PEIS was to
identify and assess the broad
implications to the human and natural
environments of the national
implementation of those components of
the BCAP that were discretionary in
nature as provided by the 2008 Farm
Bill. It was determined that BCAP
provided incentives and assistance in
the production of dedicated energy
crops similar to the incentives for
production of traditional agricultural
row crops, which was the reasoning
behind limiting the analysis to
establishment and production of
dedicated energy crops. Dedicated
energy crops currently under
consideration as economically viable
were determined to use similar
cultivation techniques, grown in areas
with current traditional crop
production, and have similar
transportation methods and
mechanisms, and as such, would have
similar off-farm effects for delivery to
markets, with these effects being site
specific. The range of final products that
could be produced from dedicated
energy crops grown as part of BCAP is
wide and changing with new technology
on a rapid basis. Cumulatively, the
conversion of dedicated energy crops
into a final product was qualitatively
analyzed since the location, type, and
technology to reach a final product from
a dedicated energy crop could not be
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quantifiably determined as part of this
program.
Overview of BCAP
BCAP is a new program provided for
in Title IX of the 2008 Farm Bill. BCAP
is intended to assist agricultural and
forest land owners and operators with
the collection, harvest, storage, and
transportation of eligible materials for
use in a biomass conversion facility
(BCF) and to support the establishment
and production of eligible crops for
conversion to bioenergy in selected
project areas. BCAP will be
administered by the Deputy
Administrator for Farm Programs of the
FSA on behalf of the Commodity Credit
Corporation (CCC) with the support of
other Federal and local agencies. BCAP
is composed of two components: (1) The
Matching Payments component for the
collection harvest, storage, and
transportation (CHST) of eligible
materials, and (2) the Establishment and
Annual Payments component associated
with BCAP project areas.
BCAP Matching Payments Component
CCC and FSA published a NOFA for
the Matching Payments component of
BCAP for eligible renewable biomass
material on June 11, 2009 (74 FR 27767–
27772). The NOFA announced the
availability of funds beginning in 2009
for matching payments to eligible
material owners for CHST of eligible
material delivered to qualified BCFs in
advance of full implementation of
BCAP. FSA invited comments on the
NOFA from all interested individuals
and organizations over a 60-day
comment period. On February 8, 2010,
the proposed rule for full
implementation of BCAP was published
(75 FR 6264–6288) which terminated
the NOFA effective February 3, 2010.
With the publication of the proposed
rule, the CCC and FSA requested
comments on the proposed rule, which
included both components of the BCAP.
The NOFA was published in response
to the Presidential Directive issued to
the Secretary of Agriculture directing an
aggressive acceleration of investment in
and production of biofuels. The
Presidential directive requested that the
Secretary of Agriculture take steps to the
extent permitted by law to expedite and
increase production of and investment
in biofuel development by making the
renewable energy financing available in
the 2008 Farm Bill available within 30
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days. The NOFA was the first step in a
multi-step process to provide guidance
and funding for CHST in response to the
Presidential Directive consistent with
the 2008 Farm Bill. The NOFA provided
a general summary of the provisions
that would be used to administer
payments for CHST in advance of the
rule on BCAP. Specifically, the NOFA
(1) provided policies and processes for
providing matching payments for the
CHST of eligible material, to qualified
BCFs, and (2) described the process for
qualifying CHST BCFs. The Matching
Payments component was implemented
under the guidance of the Deputy
Administrator for Farm Programs, FSA
(Deputy Administrator), who is also the
Executive Vice President of CCC. The
USDA determined that making these
funds available as soon as possible was
in the public interest, and that
withholding funds for CHST to provide
for public notice and comment would
unduly delay the provisions of the
benefits associated with the program.
The Matching Payments component
was determined not to be a major
Federal action per the NEPA definition
since (1) the program was understood to
be a mandatory program subject to a
final construction and implementation
of the statutory terms and the interim
allocation of funds while the final
determinations were being made and
(2) the materials collected during the
Matching Payments component were
currently being utilized in the
marketplace for a similar, if not the
same, purpose. The Matching Payments
component incentivized an existing
activity, which was fully seen from the
data collected during the NOFA
authority, to continue production
during current economic conditions.
The data from the NOFA indicated that
approximately 80 percent of the BCFs
qualified were collecting renewable
biomass materials prior to the NOFA,
indicating only a small number of
qualified BCFs either were new
facilities, facilities newly brought online, but were in the construction
phases prior to the NOFA, or were
facilities that restarted production from
an off-line state due to the incentive
created by the Matching Payments
component encouraging delivery of the
energy feedstock. There is an indication
from the data that there was a
redirection of some existing materials
from pulp and paper manufacturers to
wood pellet mills.
The Matching Payments component
of BCAP was analyzed in the PEIS as a
mandatory implementation of the 2008
Farm Bill for either alternative in the
economic modeling as a payment to
producers within project areas; it was
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not analyzed as a payment to others
outside the contract acreage producers.
It was assumed for both alternatives that
producers would receive the $45 per ton
as the maximum matching payment for
delivery of biomass to a qualified
facility for two years from the first
delivery. Using this assumption would
anticipate, per the model limitations,
the potential for maximum adoption of
dedicated energy crops by producers
within project areas and therefore,
estimated land use conversion given the
highest potential value, in total (annual
payment, delivery payment, and
matching payment combination), for
delivered biomass. The maximum
payment scenario was used to depict a
maximum adoption under limited
funding and a scenario with unlimited
funding that would assist in meeting the
goals of other legislation (such as the
Renewable Fuel Standard (RFS2)),
which would indicate the broad
potential impacts to the human and
natural environments from the
establishment and growth of dedicated
bioenergy crops. The timing within the
model was estimated as five years from
acreage contracted during the last
authorized fiscal year for herbaceous
perennial crops with a delivery estimate
of two to three years from
establishment. For woody species, the
contract period is 15 years with at least
one delivery; therefore, the model
results were assumed for a period 15
years from acreage contracted during the
last authorized fiscal year with at least
one delivery for some woody species
and two deliveries for other woody
species.
BCAP Establishment and Annual
Payments Component
BCAP is intended to support the
establishment and production of eligible
crops on eligible land for conversion at
a biomass conversion facility (BCF) in
selected BCAP project areas and to
provide financial assistance to
producers of eligible crops in BCAP
project areas. Under the Establishment
and Annual Payments component, the
CCC would accept BCAP project area
proposals on a continuous basis. To be
considered for selection as a BCAP
project area, a project sponsor consisting
of a group of producers or a BCF must
submit to the Secretary a proposal that
includes (at a minimum): (1) A
description of the eligible land and
eligible crops to be enrolled in the
proposed BCAP project area; (2) a letter
of commitment from a BCF that the BCF
would use eligible crops intended to be
produced in the BCAP project area;
(3) evidence that the BCF has sufficient
equity available if the BCF is not
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operational at the time the project area
proposal is submitted; and (4) other
information that gives the Secretary a
reasonable assurance that the BCF
would be in operation by the time that
the eligible crops are ready for harvest.
BCAP project area proposals would be
evaluated on selection criteria that take
into account:
• The dry tons of eligible crops and
the probability those crops would be
used for BCAP purposes;
• The dry tons of renewable biomass
potentially available from other sources;
• The anticipated economic impact
within the project area;
• The opportunity for producers and
local investors to participate in
ownership of BCF;
• The participation by beginning or
socially disadvantaged farmers or
ranchers;
• The impact on soil, water, and
related resources;
• The variety in biomass production
approaches within a project area;
• The range of eligible crops among
the project areas;
• The ability to promote cultivation
of perennial bioenergy crops and annual
bioenergy crops that show exceptional
promise, and not primarily grown for
food or animal feed; and
• Any additional criteria, as
determined by the Secretary.
BCAP project areas would be subject
to approval based on the above selection
criteria and the successful completion of
a finding of no significant impact
(FONSI) for a NEPA Environmental
Assessment (EA), which would
determine that there would be no
significant effects to the natural or
human environment within the
proposed project area. This project area
level NEPA document would identify
regionally and locally significant
features and/or resources and the
potential for effects to those resources
from the proposed project area
implementation. If certain mitigation
measures could be undertaken to avoid
significant effects, those measures
would be detailed in the project area
EA.
Additional requirements at the
producer level include conservation
planning in the form of a BCAP
conservation plan or forest stewardship
plan (or an equivalent plan). In addition
to an approved conservation plan or
forest stewardship plan (or the
equivalent), a site-specific BCAP
environmental screening form would be
completed to determine the appropriate
level of further environmental review
necessary prior to completion of the
BCAP contract with the producer. That
environmental review and conservation
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planning would provide site-specific
mitigation measures, as necessary, to
conserve physical and biological
resources at the contract level. Those
mitigation measures and practices
approved through conservation
planning would be periodically
monitored by USDA to determine the
success and compliance with those
measures.
A producer within the project area
may enter into a contract with CCC to
commit eligible land, which would then
be called contract acreage, to establish
and/or produce eligible crops. Contract
durations may be up to five years for
annual and non-woody perennial crops
and up to 15 years for woody perennial
crops. The 2008 Farm Bill defined
eligible land for project areas as
agricultural land and non-industrial
private forest land (NIPF), subject to
certain exclusions. Eligible agricultural
land for BCAP includes cropland,
grassland, pastureland, rangeland,
hayland, and other lands on which food,
fiber, or other agricultural products are
produced or are capable of being
produced for which a valid conservation
plan exists or is implemented. Eligible
NIPF land for BCAP includes rural
lands with existing tree cover, or that
are suitable for growing trees, which are
owned by any private individual, group,
association, corporation, Indian tribe, or
other private legal entity as provided by
section 5(c) of the Cooperative Forestry
Assistance Act of 1978, as amended (16
U.S.C. 2103a). Agricultural and NIPF
lands with already established energy
crops or already contracted for energy
crops or planned energy crops would be
eligible lands for contract acreage.
USDA FSA may consider waste lands,
brownfields, abandoned mine land, and
environmental clean-up sites as eligible
land, if they meet the definition of
agricultural land or NIPF, as described
above and in the 2008 Farm Bill.
Producers in project areas may be
eligible for both BCAP establishment
payments and annual payments.
Producers would be eligible for
establishment payments for not more
than 75 percent of the cost of
establishing a perennial crop, which
could include woody perennial crops.
Establishment payments were not
authorized for annual crops and would
only be made for new perennial, eligible
crops with a projected initial harvest
time occurring within the length of the
contract period. Existing eligible crops
on agricultural lands and NIPF would
not be eligible for establishment
payments; however, they could be
eligible for annual payments. Annual
payments would be calculated on: (1) A
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weighted average soil rental rate for
cropland; (2) the applicable marginal
pastureland rental rate for all other land
except for NIPF; (3) for NIPF, the
average county rental rate for cropland
as adjusted for forestland productivity;
and (4) any incentive as determined by
the Deputy Administrator. The
payments are intended to support
production of eligible crops.
Alternatives Analyzed
The following list contains action
alternatives determined to be
reasonable, which were evaluated in
detail in the BCAP PEIS as developed
during internal and public scoping
processes, as described in the following
section. These alternatives were
developed to provide overall flexibility
in the program with one alternative
being restrictive and with limited
funding, while the other was broader
and could provide a greater level of
funding. The No Action Alternative,
used as a baseline for comparison of the
Proposed Action, assumed no Federal
program for the Establishment and
Annual Payments Program component
of BCAP. Alternative 1 was determined
to be the Preferred Alternative in the
Final PEIS.
ALTERNATIVES CONSIDERED
Alternative 1: Targeted implementation of BCAP
Alternative 2: Broad implementation of BCAP
BCFs supported by BCAP project areas are limited to producing energy.
No new non-agricultural lands allowed for BCAP project area crop production.
Cropland acres enrolled in the program would be capped at 25 percent
of cropland acres within a given county.
Advanced biofuels produced by BCAP project area BCFs must meet
the greenhouse gas test.
Only new BCFs are allowed to be part of BCAP project areas and only
newly established crops on BCAP contract acres are eligible crops.
Only large commercial BCFs would be allowed in BCAP project areas.
Payments would be limited to provide some risk mitigation.
All bio-based products produced by a BCF in BCAP project areas can
be supported.
New non-agricultural lands allowed for BCAP project area crop production.
Cropland acres enrolled in the program would not be capped.
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Public Involvement
Responses to the Final SEIS public
comments and FSA’s analyses
supporting this Record of Decision are
presented in the following discussion.
Public Scoping
CCC first provided notice of its intent
(NOI) to prepare the proposed BCAP
PEIS in the Federal Register on October
1, 2008 (73 FR 57047–57048). CCC
provided an amended NOI to prepare
the proposed BCAP PEIS on May 13,
2009 (74 FR 22510–22511), and
solicited public comment on the
proposed PEIS for BCAP. Six public
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Advanced biofuels produced by BCAP project area BCFs do not need
to meet the greenhouse gas test.
Existing BCFs that meet BCAP eligibility requirements are supported.
Small and Pilot BCFs would qualify for BCAP project areas.
Payments would completely replace lost potential income from nonBCAP crops.
scoping meetings were held in May and
June 2009 to solicit comments for the
development of alternatives and to
identify environmental concerns. FSA
performed a density analysis of likely
BCAP participation to determine those
areas that would utilize the program and
meetings were planned for these six
locations. Public meetings were held in
Washington, Texas, Iowa, Louisiana,
Georgia, and New York in the cities and
dates as presented in the table below.
The PEIS has taken into consideration
comments gathered in the scoping
process initiated with the October 1,
2008, NOI to develop the alternatives
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proposed for the administration and
implementation of BCAP.
Announcements of the scoping meetings
were posted in the FR (74 FR 22510–
22511), State and county FSA offices,
and the FSA Web site prior to the
meetings. A public website was created
that provided program information,
scoping meeting locations and times,
and an electronic form for submitting
comments via the internet. A
presentation was given at each meeting
followed by a comment period for
attendees. Printed program information
and comment forms were made
available at the meetings, along with
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cards providing the public comment
Web site address. Meetings were
attended by the FSA National
Environmental Compliance Manager or
FSA Federal Preservation Officer, and
were recorded by a court reporter.
LIST OF PUBLIC SCOPING MEETINGS
Date of meeting
City, state
Meeting location
May 28, 2009 ..................................
June 2, 2009 ...................................
June 4, 2009 ...................................
June 8, 2009 ...................................
Olympia WA ...................................
Amarillo, TX ...................................
Alexandria, LA ...............................
Des Moines, IA ..............................
June 10, 2009 .................................
June 11, 2009 .................................
Albany, GA ....................................
Syracuse, NY .................................
Red Lion Hotel, 2300 Evergreen Park Drive, Olympia, WA 98502.
Hilton Garden Inn, 9000 I–40 West, Amarillo, TX 79124.
Alexander Fulton Hotel, 701 4th Street, Alexandria, LA 71301.
Renaissance Savery Hotel, 401 Locust Street, Des Moines, IA
50309.
Hilton Garden Inn, 101 S. Front Street, Albany, GA 31701.
Hilton Garden Inn, 6004 Fair Lakes, East Syracuse, NY 13057.
All comments received during the
scoping process were recorded and
categorized, as applicable, to the stated
purpose and need for the Proposed
Action, the Proposed Action itself,
preliminary alternatives, and
environmental resource areas. The
comments were evaluated by FSA to
determine the scope and significance of
each issue and the depth at which it
would be analyzed in the PEIS.
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Draft PEIS
The availability of the Draft PEIS was
announced on August 10, 2009 (74 FR
39915). This Notice of Availability
(NOA) marked the beginning of a 45-day
public comment period soliciting
comments from interested persons and
agencies. Comments were received
through October 9, 2009. Copies of the
Draft PEIS were provided to the
headquarters and all the regional offices
of the U.S. Environmental Protection
Agency (EPA) and U.S. Fish and
Wildlife Service (USFWS). Comments
were received from State and Federal
agencies, non-government
organizations, and individuals. FSA
responded to all substantive comments
received and either expanded the PEIS
to address the comment or explained
why the PEIS was not expanded or
clarified in accordance with the
comment.
The Draft PEIS received comments
from five Federal agencies, three private
individuals, 25 organizations or
corporations, and the Government of
Canada. These 35 commenters generated
191 comments. The individual
comments addressed Air Quality (22),
Biological Resources (41), Cumulative
Effects (9), Mitigation (4), Additional
Language or Further Clarification (14),
Other (39), Proposed Action and
Alternatives (24), Purpose and Need
(10), Recreation (1), Resources
Eliminated from Detailed Study (3),
Socioeconomics and Land Use (21), Soil
Resources and Quality (11), and Water
Quantity and Quality (10).
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Comments concerning Air Quality
included greenhouse gas (GHG)
emissions from biomass burning, carbon
sequestration, soil carbon, carbon sinks,
primary/criteria air pollutants, and
wind erosion. Biological resources
comments included effects to protected
species, primary nesting season (PNS)
considerations, conversion of forest
lands, conversion of grasslands,
genetically engineered (GE) organisms,
cumulative effects to vegetation and
wildlife, types of crops planted,
grassland birds, and invasive and
noxious species. Cumulative effects
comments included effects to highervalue product feedstocks, effects from
forest land conversion, and associated
and related programs at the state level.
Mitigation comments included new
tools to assess the values of biomass
production at the site-specific level to
generate the BCAP conservation plan
and a request for greater details. Other
comments received included
mechanisms associated with CHST,
monitoring programs, conversion of
Conservation Reserve Program (CRP)
acres, the inclusion of crop residues,
greater description of forestry resources,
agricultural plastics, more precise
definitions of eligible crops and lands,
and the use of only one crop type as an
example of eligible crops. Several
comments were received on the number
of alternatives presented and analyzed.
Comments on Socioeconomics and Land
Use included the effects on existing
BCF, the use of residues, and the
inclusion of short rotation woody crops
(SRWC) into the models. Soil-related
comments included increased erosion
potential, soil carbon sequestration, and
the role of agricultural residues in soil
formation. Water-related comments
included water quantity for BCF use,
erosion and pesticide transport,
irrigation use, and Gulf of Mexico
hypoxia.
Final PEIS
Public notices announcing the
availability of the Final PEIS were
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published on June 25, 2010 (75 FR
36386). The Final PEIS was available for
public review and comment for 30 days,
and to ensure that all potential
comments from interested stakeholders
were received and reviewed, an extra 30
days was provided for FSA receipt of
comments. FSA received comments
from two Federal agencies, 38
organizations or corporations, one local
government representative, and seven
private citizens. Approximately 54
percent of the commenters specifically
favored one alternative over the others,
with 15 commenters favoring
Alternative 1, 10 commenters favoring
Alternative 2, and one commentor
favoring the No Action Alternative.
Final PEIS commenters supported
Alternative 2, the Selected Alternative,
for many of the following reasons:
Provides the greatest incentive for forest
landowners to continue managing NIPF
to produce valuable ecosystem goods
and services; discourages NIPF owners
from converting forest land to other land
uses; provides more renewable biomass
than Alternative 1 or the No Action
Alternative; creates the greatest
reduction in fossil fuel consumption;
increases energy security by increasing
domestic energy production;
socioeconomic benefits; environmental
benefits; allows the all qualified BCF to
participate regardless of size;
Alternative 1 is too restrictive; more
closely supports State renewable
portfolio standards (RPS) goals; creates
green jobs; and provides greater
incentives to high potential bioenergy
crops.
Impacts Summary
The Final PEIS outlines and compares
all of the alternatives’ potential impacts.
Based upon the analyses and
conclusions presented in the Draft PEIS,
FSA identified the Preferred Alternative
as Alternative 1; however, with
comments received on the NOFA,
experience with the Matching Payments
component of BCAP, comments
received on the proposed rule, and from
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the Final PEIS comment period, FSA
has chosen Alternative 2 to be the
selected and implemented alternative.
Within the context of the Proposed
Action’s purpose and need, this
alternative is both environmentally
responsible and reasonable to
implement, would not have significant
negative impacts, and more closely
matches the intent and guidance of the
2008 Farm Bill. Both beneficial and
potential adverse effects of the
alternatives analyzed for implementing
BCAP are identified and discussed
below.
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Alternative 1 (Preferred Alternative)
Under Alternative 1, the BCAP
Establishment and Annual Payments
component would be implemented on a
more restrictive or targeted basis. Project
areas would be authorized for those that
support only large, new commercial
BCFs that are limited to producing
energy in part from only newly
established crops on BCAP contract
acres. No new non-agricultural lands
(for example, NIPF converted to
herbaceous crop lands) would be
allowed to enroll for BCAP crop
production.
Socioeconomics and Land Use Effects
Modeling indicates that at the
national level, direct impacts to realized
Net Farm Income are expected to remain
unchanged from that of the No Action
Alternative due to limited funding.
However, net returns are likely to
improve for those producers selected to
participate in a BCAP project area. Total
net returns for most potential project
locations are positive, ranging between
$2.7 and 7.3 million in Year 1 of the
program. Modeling shows that positive
Net Returns would still be expected
over the long term (Year 3), indicating
that the BCAP project areas remain
capable of supplying a BCF with
required feedstock.
Alternative 1 would cause land use
changes only at the local level (that is,
county or multi-county region). Land
use changes range between 22,000 to
44,000 acres of crop (for example, corn,
wheat, soy, etc.) and hay land being
converted to dedicated energy crops
(switchgrass) from that of the No Action
Alternative.
Overall, scientific literature and the
modeling for the BCAP PEIS indicated
that the vast majority of cropland for
dedicated energy crops would come
from cropland currently in production
for traditional row crops and from
pastureland. Additionally, recent
literature indicates that potentially nine
million to 15 million expiring CRP acres
could return to crop production by
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2025, with an estimated one million
acres potentially being planted in
dedicated energy crops. This was based
on the probable higher value of
traditional row crops without the
incentives provided by BCAP for
dedicated energy crop production. The
impact of expiring CRP acres on total
CRP enrollment would be offset through
re-enrollments into CRP and new acres
being enrolled in CRP to reach the 32
million acre CRP cap as specified in the
2008 Farm Bill.
The PEIS found that Alternative 1
would cause only minor conversion of
natural landscapes, including native
habitats and forests, due to (1) the
economic costs associated with
supplying infrastructure (for example,
roads, temporary irrigation for
establishment) to those lands and (2) the
restrictions inherent in the 2008 Farm
Bill that limit and protect unique native
habitats such as native sod, which
would include rangelands that have
never been in crop production.
Economic indirect impacts under this
alternative vary by project location.
The analysis method used in the PEIS
did not address international indirect
land-use change. This can be done, for
example, by coupling output from the
Policy Analysis System (POLYSYS)
economic simulation model to an
international economic sector model,
such as the Global Change Assessment
Model (GCAM) at the Joint Global
Change Research Institute. Associating
carbon coefficients to the economic
sectors (for example, forest, croplands,
fossil fuels, etc), allow for estimates of
indirect land-use change associated
with the changes in land-use occurring
nationally. However, it is important to
recognize that the ratio of land-use
change (for example, one acre of
soybeans taken out of production in the
United States equals one acre of tropical
deforestation) has not been adequately
established through scientific literature.
The social drivers of indirect land-use
change are not clear, not substantiated,
and cannot be modeled in a fact-based
analysis at this time.
Growing dedicated energy crops, and
subsequent land use changes for those
crops in a region, would impact the
agricultural sector by the creation of a
new market. The exact amount of land
that may be converted is limited to 25
percent of the acreage within each
county being eligible for BCAP
payments. This equates to a relatively
small amount of vegetation being
converted from traditional crops or
pastureland to approved dedicated
energy crop species. It is estimated that
producing a dedicated energy crop
would require $60 per dry ton
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(approximately $10 million) to establish
the crop. To receive payments to
establish a dedicated energy crop,
producers must first convert their land
from traditional crops. This would
result in negative impacts within the
community as inputs from the
traditional crops are not purchased.
Costs vary based on the community and
the amount of land use changes required
and range between $1.5 million to $5
million.
Total economic impacts range
between $19 million and $28 million.
Net positive impacts for the top five
projects are between $21 million and
$25 million for their region. However,
land use changes would create negative
impacts, through reduced purchases of
inputs for traditional farming, within a
region ranging from $2.5 million to $10
million depending on location.
Biological Resources
Due to the small scope of this
alternative, and provided established
provisions, standards, and guidelines
are followed, and provided the BCAP
conservation plan, forest stewardship
plan (or the equivalent) are adapted to
resource conditions, Alternative 1
would have no significant negative
impacts on vegetation or wildlife.
It is unlikely there would be
significant negative impacts to wildlife
populations from the conversion to
dedicated energy crops at a regional
scale. However, the potential always
exists for site-specific fluctuations in
wildlife populations without the proper
adaptive management techniques being
applied during the establishment and
harvesting stages of crop production.
The proper use of adaptive management
and appropriate mitigation techniques
related to agricultural processes can
help minimize any potential negative
direct effects. There are not expected to
be large scale impacts to regional
wildlife populations because of the
limited scope of land use change under
this alternative. Indirect impacts to
wildlife are related to habitat change.
Some degree of wildlife mortality from
collisions or nest destruction from farm
equipment is unavoidable. Provided
establishment and harvest of feedstock
does not occur during the primary
nesting season (PNS), these impacts
should be minimized.
Reptiles and amphibians could
experience negative and positive
responses to the conversion to dedicated
energy crops. The increase of native
vegetation may increase the abundance
of invertebrates, a source of food for
many reptiles and amphibians. There
may be short-term reductions in
population sizes the year that
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conversion occurs from agricultural
activity to biomass establishment from
collisions or crushing by farm
equipment. The techniques described
above, if properly planned and applied,
are designed to minimize the impacts to
wildlife of these activities. Likewise,
because of the limited implementation
under this alternative, these impacts
would not be regional nor are they
anticipated to affect regional wildlife
population levels.
Impacts to invertebrates are related to
habitat, and would vary based on
specific lifestyle and habitat preference.
Direct impacts to invertebrates are
dependent on the degree of exposure
and the mobility of a given species.
Impacts from the establishment include
destruction of nest sites, crushing, and
the removal of food sources. These
impacts can be reduced if activities are
not conducted during periods of highest
florescence or when flowers are in
bloom.
Impacts to aquatic wildlife are
associated with the dangers of
sedimentation, and nutrient and
agricultural chemical deposition into
water bodies. However, provided
established procedures for erosion and
runoff control are followed, these
potential impacts are not expected to be
significant.
Air Quality
The analysis of potential air quality
impacts was intended to estimate
changes in land management associated
with the adoption of dedicated biomass
energy cropping practices and to
estimate changes in greenhouse gases
(GHG) and carbon stocks associated
with those changes in land
management. The analysis considered
the range of potential effects associated
with the establishment of the dedicated
energy crop including crop production
inputs through the harvesting of the
dedicated energy crop to the farm gate.
The air quality analysis was
developed through the output from the
economic forecasting model associated
with predicted changes in land
management. This model (POLYSYS) is
based on over 3,500 unique cropping
practices that capture greater than 90
percent of all cropland production in
the United States, using an annual time
step and at a county level. When
considering changes in land-use and
soil carbon stocks, the model works at
a sub-county level. The annual time step
allows for near-term estimates of
dedicated energy crop adoption and
potential changes in GHG emissions.
Changes in GHG emissions included
upstream emissions from the production
of agricultural inputs (for example,
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fertilizers, pesticides, energy for
irrigation), on-site fossil fuel emissions,
on-site soil carbon dioxide (CO2)
emissions from organic carbon (soil
organic matter and plant residue) and
inorganic carbon (agricultural lime), and
soil nitrous oxide (N2O) emissions.
This method was chosen, because the
economic modeling components within
the POLYSYS model are of a spatial
resolution (county) and temporal
resolution (annual) needed to address
dedicated energy crop adoption rates
both locally and nationally. This
information was used to assess the
impact of annual adoption rates on GHG
emissions. Fossil-fuel offsets from the
use of cellulosic ethanol occur outside
the farm gate; therefore, they were not
included in this analysis. Inclusion of
fossil-fuel offsets would likely
contribute to larger carbon savings and
less net CO2 emissions to the
atmosphere, than is accounted for in the
current analysis.
Positive changes to air quality are
expected under Alternative 1. However,
since the scope of this alternative is
limited, these changes would not be
significant. Direct impacts relate to the
energy and/or emissions from
agricultural production activities. Under
this alternative, energy consumption
within the top five regions would be
reduced by 3,664 gigajoules (GJ) through
the conversion to switchgrass when
compared to the No Action Alternative.
This energy change is minor, in most
cases less than 0.1 percent. Carbon
emissions were less than those of the No
Action Alternative, yet small, usually
less than 0.1 percent reduction. Due to
the limited scale of conversion under
this alternative, the amount of fugitive
dust emissions would be minor,
temporary, local, and nearly equal to
that of the No Action Alternative. Yet,
over the long term, given the conversion
to perennial dedicated energy crops and
reduction tillage, there would be a
reduction in fugitive dust emissions.
These effects would be positive, but
minor.
Limited indirect impacts would occur
from emissions from equipment exhaust
or other mobile sources necessary for
the establishment of dedicated energy
crops. However, since machinery is
already utilized on these fields, these
impacts are similar to those of the No
Action Alternative.
Site-specific mitigation measures
would be determined based on the local
or regional Air Quality Control Region,
as prescribed in the conservation plan
or through local or State regulations
concerning air emissions of criteria
pollutants. Best Management Practices
(BMPs) to reduce mobile sources
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include proper maintenance of
equipment and dust suppression
activities.
Soil Resources
Under Alternative 1, a reduction in
erosion from all sources is expected.
Conversion of croplands from
traditional crops to switchgrass is
estimated to reduce topsoil loss from
these acres by 0.4 inches per year;
which equates to four inches over a ten
year period. Soil carbon would increase
between 0.2 and 10.1 percent over that
of the No Action Alternative. Indirect
impacts under Alternative 1 would be
increased biodiversity of soil biota as a
result of increased soil organic matter
and the presence of perennial
vegetation. The use of BMPs would
further reduce the potential for soil loss.
Provided established conservation
standards, provisions and guidelines are
implemented, Alternative 1 would have
no significant negative impact on soil
resources.
Water Quality and Quantity
Under Alternative 1, direct impacts to
water quality are expected from the
changes to the use of nutrients and
agricultural chemicals for the
establishment and production of
switchgrass in the potential BCAP
project locations. Decreases in the use of
potassium (3.1 percent), lime (4.0
percent), herbicides (5.5 percent),
insecticides (11.2 percent), and other
agricultural chemicals (3.6 percent) are
expected; while the use of nitrogen (2.1
percent) and phosphorus (2.9 percent)
within the top five project areas are
expected to increase over that of the No
Action Alternative. The overall
reduction in nutrients and agricultural
chemical, erosion, total suspended
solids (TSS), and sedimentation would
provide positive impacts on water
quality from implementation of this
alternative. However, due to the limited
amount of acreage under this
alternative, these benefits would be
local.
The change in the quantity of water
required under this alternative would be
minimal. The amount of water used for
irrigation in the top five regions would
only decrease approximately 0.25
percent over that of the No Action
Alternative, saving an estimated 1.2
million gallons of water per day. When
compared across all project area States,
23.6 million gallons of water per day
would be conserved. Switchgrass has a
higher water use efficiency (WUE) than
other traditional crops, and is highly
tolerant of various water regimes and is
more drought tolerant than traditional
crops.
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Indirect impacts under Alternative 1
result from the reduction in
sedimentation and nutrient and
agricultural chemical deposition into
surface water bodies that move
downstream, benefiting larger water
stream courses and regional water
quality.
To further reduce impacts to water
quality, buffer strips comprised of
mixed native species between biofuel
crop fields and surface water bodies
should be established for sediment and
nutrient retention. Adherence to
established conservation standards,
provisions, and guidelines ensures
Alternative 1 would have no significant
negative impact on water quality.
Recreation
Under Alternative 1 there could be
localized positive or negative impacts
on wildlife habitat, but they are
expected to be small due to the
relatively small amount of land
converted to energy crops. The impacts
to recreation involving wildlife are
expected to be small locally and also not
significant at the regional or national
level.
Alternative 2 (Selected Alternative)
Alternative 2 expands the BCAP
Establishment and Annual Payments
component, allowing anyone who meets
basic eligibility requirements of the
BCAP provisions in the 2008 Farm Bill
to participate. In addition, existing BCFs
and crops would be supported,
including small and pilot BCFs, and all
bio-based products derived from eligible
materials would qualify under this
alternative. New non-agricultural lands
(for example, NIPF converted into
herbaceous cropland) would be allowed
to enroll and the number of cropland
acres would not be capped.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Socioeconomics and Land Use Effects
Significant changes are expected in
net revenues as total revenue values
increase more than the feedstock
production costs and as feedstock
production reduces the supply of other
crops and subsequently increases their
prices. Price increases are most
significant for wheat, corn, and
soybeans, with price changes expected
to increase by 15 to 20 percent during
the period 2009 to 2023. The addition
of more forestry resources as feedstock
would reduce pressures on crop prices
somewhat, as would any future increase
in crop yields. It is expected that
government commodity payments
would increase due to the price impacts
triggered by the increased demand for
cropland.
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Overall, scientific literature and the
modeling for the BCAP PEIS indicated
that the vast majority of cropland for
dedicated energy crops would come
from cropland currently in production
for traditional row crops and from
pastureland. Additionally, recent
literature indicates that potentially nine
to 15 million expiring acres of CRP
could return to crop production by
2025, with an estimated one million
acres potentially being planted in
dedicated energy crops. This was based
on the probable higher value of
traditional row crops without the
incentives provided by BCAP for
dedicated energy crop production. The
impact of expiring CRP acres on total
CRP enrollment would be offset through
re-enrollments into CRP and new acres
being enrolled in CRP to reach the 32
million acre cap as specified in the 2008
Farm Bill.
Land use shifts, especially among the
major crops, are expected under this
alternative. The amount and type of
land, both traditional cropland and noncropland, converted to dedicated energy
crop production would depend on
which areas are designated as project
areas. Modeling indicates that by 2023,
planting of dedicated energy crops
would increase production cropland by
over 50 million acres, while resulting in
a reduction in traditional cropland
acreage by approximately 17 million
acres, with corn acreage estimate to
increase by less than one million acres.
Of the estimated 350 million acres in
current use as pastureland,
approximately 34 million acres would
shift to the production of dedicated
energy crops while 15 million acres
would shift to hay production. Overall,
scientific literature and the modeling for
the BCAP PEIS indicated that the vast
majority of cropland for dedicated
energy crops would come from cropland
currently in production for traditional
row crops and from cropland
pastureland. Natural landscapes and
native habitats and forests would be
anticipated to have only minor
conversion due to (1) the economic
costs associated with supplying
infrastructure (for example, roads,
temporary irrigation for establishment)
to those lands and (2) the restrictions
inherent in the 2008 Farm Bill that limit
and protect unique native habitats such
as native sod, which would include
rangelands that have never been in crop
production.
There would be both positive and
negative indirect impacts from the
establishment of dedicated energy crops
which would flow through the rest of
the economy. While payments for the
establishment of dedicated crops is
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estimated to be $11 billion and the
matching payments component of BCAP
is expected to create an estimated
280,000 jobs, the costs associated with
land use changes required to meet the
demand for dedicated energy crops and
crop residues may bring a decline of
$3.2 billion and a loss of 41,000 jobs.
Overall, the total economic impact from
implementation of Alternative 2 is
anticipated to be positive with an
estimated $88.5 billion in economic
activity throughout and the creation of
nearly 700,000 jobs.
Biological Resources
As with Alternative 1, provided
established provisions, standards, and
guidelines (that is, BMPs similar to
those used in CRP conservation plan)
are followed and the BCAP conservation
plans, forest stewardship plans, or
equivalent plans, are adapted to
resource conditions, Alternative 2
would have no significant negative
impacts on vegetation or wildlife.
Conversion may have both negative and
positive impacts. The loss of forest land
(for example, NIPF converted to
herbaceous cropland) or native
grasslands, not native sod (for example,
CRP acres planted to native grass that
have expired and gone back into
production) would decrease the habitat
quality for several wildlife species;
however the effects would be limited
given the minor amount of conversion
anticipated from these land types. Yet,
as described in Alternative 1, many of
the dedicated energy crop options have
a higher habitat quality than traditional
crops. The types of impacts to wildlife
during the establishment of dedicated
energy crops would be similar to those
described in Alternative 1; yet, with the
potential to occur at a much broader
scale. Again, the scale of this impact is
dependent on the types and amount of
land converted to dedicated energy
crops. Negative impacts to large
mammals, small mammals, reptiles and
amphibians, and invertebrates are not
expected to be significant. Similarly,
impacts to birds are not expected to
impact population densities. However,
the largest potential negative impact to
grassland birds would occur during
conversion or harvesting activities.
Provided these activities do not occur
during the PNS, and the small portion
of grasslands in potential BCAP project
area locations, impacts to grassland
birds are minimal.
Air Quality
Implementing Alternative 2 on a
broader scale would reduce overall
direct carbon equivalent emissions
during perennial dedicated energy crop
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growth. Total energy use was
approximately one to two percent
higher in most years due to the indirect
energy requirement for increased
equipment manufacturing. Direct energy
usage was either neutral or decreased
over time. The effects of fugitive dust
emissions during the establishment
phase would be similar to those of
Alternative 1. After establishment,
fugitive dust emissions would decrease
due to the alteration of cropping
systems to perennial species. In the long
term, these effects would be on a
regional scale and would be positive.
Indirect impacts are similar to those of
Alternative 1. Site-specific mitigation
measures and BMPs as described in
Alternative 1 would reduce potential
impacts to Air Quality under
Alternative 2.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Soil Resources
Alternative 2 would result in
reductions at both the local and regional
level of soil erosion due to the transition
from traditional crops to perennial
vegetation used for dedicated energy
crops. As indicated in the modeling
results, dedicated energy crop
production would increase production
cropland by approximately 50 million
acres under Alternative 2, with that
acreage being shift from traditional row
crops and cropland pasture, rather than
natural landscapes, native habitats and
forests. Overall, the shift toward more
perennial vegetation on production
croplands from traditional annual row
crops would provide benefits to soil
quality and soil carbon sequestration.
Perennial crops, and the use of corn
stover and wheat straw, would shift
away from conventional tillage to no
tillage practices. This shifting of tillage
practices on an estimated 11 million
acres would conserve approximately 40
million tons of soil each year over that
of the No Action Alternative. As with
Alternative 1, the biological diversity of
the soil would also increase. As with
Alternative 1, the use of BMPs would
further reduce the potential for soil loss.
Provided established conservation
standards, provisions and guidelines are
implemented, Alternative 2 would have
no significant negative impact on soil
resources.
Water Quality and Quantity
The direct and indirect impacts to
water quality under Alternative 2 would
be similar to those described in
Alternative 1. However, as the amount
of acreage converted from traditional
crops to perennial crops increases, the
benefits to both water quality and
quantity increase. The same mitigation
methods described in Alternative 1
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would reduce potential impacts to water
quality. Adherence to established
conservation standards, provisions, and
guidelines ensures Alternative 2 would
have no significant negative impact on
water quality.
Recreation
Under Alternative 2 there could be
localized positive or negative impacts
on wildlife habitat, but they are
expected to be small due to the
relatively small amount of land
converted to energy crops. The impacts
to recreation involving wildlife are
expected to be small locally and also not
significant at the regional or national
level.
Mitigation Measures and Best
Management Practices
In addition to the required BCAP
conservation and/or forest stewardship
plan (or the equivalent), all project
sponsors and producers must follow all
environmental rules and regulations as
required through participation in other
USDA programs. Each project proposal
will be subject to NEPA analysis prior
to approval. A BCAP Environmental
Screening worksheet must be completed
for each contract offer. This worksheet
would provide the necessary
environmental information to FSA so
they can accurately and expeditiously
complete an environmental evaluation,
consistent with FSA’s regulations on
environmental quality found at 7 CFR
part 799, for enrollment of a particular
site in BCAP. This worksheet can also
be used in conjunction with the BCAP
conservation and/or forest stewardship
plan (or the equivalent) to develop
methods/activities that could mitigate
any potential minor site specific
environmental effects for individual
producers applying to the program
while still meeting the overarching goal
of BCAP and NEPA. Prior to execution
of the BCAP Project Area contract,
NRCS or an authorized technical service
provider (TSP) would complete a sitespecific environmental evaluation that
would reveal any protected resources on
or adjacent to the proposed program
lands. When sensitive resources, such as
nesting birds, wetlands or cultural
resources are present or in the vicinity
of the proposed lands, consultation with
the appropriate regulatory agency would
occur. Specific mitigation measures
necessary to reduce or eliminate the
potential localized negative impacts to
those sensitive resources would be
identified. If the environmental
evaluation concludes that species or
critical habitat protected under ESA are
potentially present, and the proposed
conservation activity on the land is
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determined to have negative impacts
and no alternatives exist, it is not likely
the land would be eligible for that
activity. Any mitigation measures and
practices approved through
conservation planning would be
periodically monitored by USDA to
determine the success and compliance
with those measures.
If through completion of the
environmental evaluation, it is
determined that there is no potential for
the proposed BCAP activity to
significantly impact the quality of the
human environment, the environmental
evaluation serves as FSA’s documented
compliance with NEPA as well as the
requirements of other environmental
laws, regulations, and Executive Orders
(EOs).
However, if after completion of the
environmental evaluation it is
determined that protected resources
could potentially be adversely
impacted, consistent with FSA’s
internal guidance, then no further action
can occur until the BCAP applicant
completes an EA. EAs would be
required when the results of the
environmental evaluation are unclear as
to whether the proposed activities
would significantly impact the quality
of the human environment.
If the EA determines that there could
be a significant effect on the quality of
the human environment then a
proposed BCAP project area or site
specific EIS could be necessary. These
EISs and all EAs would be tiered to this
PEIS consistent with 40 CFR 1508.28.
Socioeconomics and Land Use Effects
To mitigate the socioeconomic effects
of BCAP, the final rule provides that the
eligibility for payment of vegetative
wastes, such as wood wastes and wood
residues, collected or harvested from
both public and private lands will be
limited to only those that would not
otherwise be used for a higher-value
product. This specifically excludes
wood wastes and residues derived from
mill residues or other production
processes that create residual byproducts that are typically used as
inputs for higher value-added
production. Additionally, industrial or
other process wastes or by-products,
such as black liquor or pulp liquor that
is a waste by-product of the pulp and
kraft paper manufacturing process,
would not be included in the definition
of biobased products because they are
not significantly composed of organic or
biological products collected or
harvested from land. The final rule also
continues the exclusion of
commercially-produced timber, lumber,
wood, or other finished products that
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through secondary effects associated
with water and air quality.
Biological Resources
jlentini on DSKJ8SOYB1PROD with PROPOSALS
otherwise would be used for higher
value products. Also, urban wood
wastes have been excluded as specified
in the 2008 Farm Bill.
BMPs associated with dedicated
energy crop production include the use
of limited and no tillage components,
which decrease the potential for fugitive
dust emissions associated with exposed
ground cover. Also, all producers would
follow local air quality regulations,
which may define other BMPs
associated with agricultural activities,
including transportation and chemical
usage.
As specified in the 2008 Farm Bill, a
conservation plan or forestry
stewardship plan (or equivalent plan) is
a fundamental component for ensuring
appropriate and sustainable agricultural
practices for specific programs.
Consistent with accepted BMPs (for
example, for CRP and associated
programs), a BCAP conservation plan or
forest stewardship plan (or the
equivalent) that includes appropriate
conservation practice standards and
sustainable agriculture practices must
be developed before implementation to
reduce the negative impacts to
biological resources. Dedicated energy
crops should be chosen based on local
ecosystem characteristics to minimize
potential disturbance to native wildlife
species and vegetation by providing
habitats comparable to those found in
natural habitats. Sustainable agricultural
techniques should be used, if possible,
to reduce negative impacts to biological
resources. Specific county Natural
Resources Conservation Service (NRCS)
conservation practice standards, as well
as State or county specific technical
notes and specific guidance on
mitigation measures, should be
incorporated in the conservation plan
and forest stewardship plan or
equivalent. Applicable NRCS
conservation practice standards should
be followed on lands where conserving
wildlife species is an objective of the
landowner or forest stewardship plan.
Site-specific environmental evaluation
on the project site in conjunction with
either informal or formal consultation
with the appropriate USFWS office
would protect species included on the
endangered species list. Use of BMPs
such as washing vehicles upon leaving
and entering a work area would
minimize the potential to spread
invasive or noxious plant species.
Other eligible crops, such as animal
wastes, food and yard wastes, and algae,
have site-specific requirements in
regards to potential for environmental
effects. To lessen potential effects
associated with animal wastes,
appropriate guidance from State and
Federal regulatory agencies concerning
confined animal feeding operation
practices and standard industry
practices associated with animal
production should be followed to
ensure that collection of materials does
not adversely impact localized
vegetation and wildlife resources
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Air Quality
Soil Resources
BMPs associated with dedicated
energy crop production include the use
of limited and no tillage components
which decreases exposed ground cover
and allows for greater retention of
topsoil through perennial root systems.
Other eligible crops, such as animal
wastes, food and yard wastes, and algae,
have site specific requirements in
regards to potential for environmental
effects. To lessen potential effects
associated with animal wastes,
appropriate guidance from State and
Federal regulatory agencies concerning
confined animal feeding operation
practices and standard industry
practices associated with animal
production should be followed to
ensure that collection of materials does
not adversely impact soil resources
through secondary effects associated
with water and air quality.
Water Quality and Quantity
Algae production, due to the
specialized nature of the demonstration
practices currently in effect, should
move to minimize the use of potable
water supplies, where feasible, to
reduce effects on water consumption.
BMPs for dedicated energy crop
production that reduce the amount of
agricultural chemicals used for
production would benefit water quality
through reduced transport in runoff.
Also, the use of limited or no tillage
cropping systems reduces the potential
transported sediments by leaving
ground cover on site and through the
stability associated with perennial root
systems. Agricultural irrigation systems
are generally becoming more efficient,
allowing for an overall reduction in
irrigated water uses, and the inclusion
of more dedicated energy crops with
lower water demands and higher water
use efficiencies would benefit water
quantity by reducing the levels
necessary for production.
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66003
Recreation
Given the site specific nature of the
BCAP project areas and the practices
best suited to those conditions, effects to
the abundance of wildlife for both
consumptive and non-consumptive uses
would vary. Practices that encourage
more foraging habitat for game species
could induce changes in relation to
decreased traditional row crop fields;
however, changes to pasture of hayland
could indicate small adverse effects. As
such, operators should be encouraged to
comply with the goals for wildlife
habitat enhancements associated with
the conservation plans and forest
stewardship plans, at the
recommendation of the technical
advisors (that is, NRCS and U.S. Forest
Service).
Cumulative Effects—Socioeconomics
and Land Use Effects
Cumulative effects to socioeconomic
conditions and land use would be
highly dependent upon the location of
the BCAP project areas and level of
funding; however, overall the benefits
associated with the establishment and
production of dedicated energy crops
should outweigh the losses associated
with the land use shifts from traditional
row crops. With limited funding, BCAP
projects areas would be few and would
be anticipated to provide local positive
effects to the socioeconomic conditions
from the conversion to dedicated energy
crops; however, the effects would be
balanced through the losses associated
with input suppliers for traditional
crops under Alternative 1. The limited
funding assumption and the county
acreage limitation would not induce
national level changes in agricultural
prices.
Under Alternative 2, the greater
funding for BCAP could create
numerous BCAP project areas with the
potential to affect national crop prices.
Alternative 2 would encourage greater
regionalization, which could encourage
more land use changes to dedicated
energy crops, where traditional row
crops only produced marginally positive
income streams.
Also, the Matching Payments
component has encouraged the use of
woody biomass as a feedstock for many
of the BCFs qualified during the NOFA
period. More than 3.1 million tons of
biomass was from woody resources
during the NOFA period (85.6 percent
of total biomass collected). Only 4.3
percent of woody resources were
derived from Federal lands, with the
remainder from non-Federal lands.
During the short term, these resources
could be an important source of
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feedstock, until the sustainable harvest
of dedicated energy crops would be
available.
Biological Resources
Changes to vegetation structure and
type could cause potential negative
cumulative effects on native fish and
wildlife through fragmented, degraded,
or destroyed habitats. Cumulative
effects to wildlife would be localized
and site-specific as not all species are
harmed by conversion of land to more
intensive uses. While the footprints of
the areas considered under conversion
are relatively small (less than one
percent of the area inside the 50-mile
buffer), potential impacts may occur if
land configuration and relative location
of converted areas combined with
existing habitat fragmentation patterns
has a multiplicative effect on the overall
regional habitat fragmentation values.
The establishment of new crops in areas
previously fallow or cropped with a
different style of agriculture may cause
direct mortality and range shifting at the
local scale of wildlife. The use of BMPs
and environmental assessments would
prevent and minimize significant
impacts; however, fragmentation is
unavoidable. Cumulative impacts to
vegetation would occur from the
conversion of native pastureland or
native vegetation to dedicated energy
crops. The cap on the amount of acreage
that may be used for dedicated energy
crops under Alternative 1 (that is 25
percent in any single county within the
50-mile radius) also is designed to
reduce these impacts. Similarly, because
of the limited funding that would only
provide for a limited number of BCFs,
the amount of land that potentially
would be converted is negligible.
Direct impacts to wildlife would
occur by conflicts with haying
machinery that may result in mortality.
Under Alternative 1, direct impacts are
expected to occur during the
establishment and harvest stages of
BCAP crops; yet, these impacts are
expected to be short-term and localized.
These habitat changes would impact
such aspects as food availability, type
and quantity of cover for escape and
breeding, and the availability of
adequate nesting sites. Wildlife in lands
adjacent to the dedicated energy
cropland may either be positively or
negatively impacted depending on the
habitat quality provided by the biofuel
crops.
Cumulative effects through
implementation of Alternative 2 would
lead to direct and indirect impacts to
vegetation and wildlife at a regional
scale. As with Alternative 1, direct
impacts are not expected to impact
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wildlife at a population level; however,
the significance of indirect impacts are
dependent on potential land use
changes. The quantity and habitat
quality of any land converted from
native grasses, forest land or
pastureland for dedicated energy crops
would determine the level of
cumulative impacts. Under Alternative
2, depending upon the level of land use
changes, the cumulative impacts to
vegetation and wildlife could be
significant.
No cumulative impacts under the No
Action Alternative would occur as the
program would not convert land from
one use to a dedicated energy crop.
Air Quality
In general, the maturation of the
biofuels and bioenergy industries
should result in significantly positive
energy balance in relation to first
generation biofuels and bioenergy
supported by grain feedstocks and fossil
fuels. With a limited level of BCAP
funding that would only provide for two
commercial-scale facilities, the range of
potential cumulative effects would be
broad depending upon the location of
the facilities. However, it was estimated
that the BCAP program would generate
net energy savings and greater soil
carbon sequestration as lands are
converted to dedicated energy crops.
The effects were estimated to only be
locally or regionally significant and not
nationally significant.
Cumulatively, under Alternative 2,
the unlimited funding of the BCAP to
support all scales of BCFs could lead to
national level effects, such as a decline
in soil carbon sequestration due to an
increased use of crop residues to meet
the Energy Independence and Security
Act of 2007 (EISA) volume
requirements. It could be surmised that
under Alternative 1, to meet EISA
requirements there would be a greater
use of first generation biomass (that is,
corn) and second generation biomass
(that is, agricultural crop residues) than
from Alternative 2, given the potential
funding difference between the two
alternatives. This would indicate that
the greater use of crop residues for
biofuels feedstock could reduce soil
carbon levels below currently seen in
traditional row crops where the crop
residues remain. However, in the
analysis it was assumed that EISA
targets could not be met under
Alternative 1 as indicated by the
anticipated waivers for production
under the base scenario.
Overall, it was indicated that soil
carbon would increase under
Alternative 2, as traditional row crops
were replaced with perennial dedicated
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energy crops; however, in combination
with EISA requirements for advanced
biofuels percentages, traditional sources
(for example, corn and crop residues)
would be required in combination with
BCAP project areas to meet the overall
demand. It was estimated that there
would be benefits from the conversion
of lands associated with total carbon
flux and overall energy use, but there
would also be negative effects from the
greater use of residues, which would
generate additional GHG emissions and
reduce soil carbon sequestration. In the
longer term, as more acreage is planted
to dedicated energy crops and regionally
competitive crops (that is, SRWC), there
would be some off-set from the
anticipated soil carbon losses associated
with residue removal and use.
Overall, the discussion of the EISA
RFS2 program within the BCAP PEIS,
including the characterization of
indirect land-use impacts and GHG
emissions, is appropriate given the
limited overlap between the two
programs. While both programs
generally support the Administration’s
goals to expand domestic bioenergy
production and consumption and
decrease reliance on fossil fuels, BCAP
supports a broader range of bioenergy
conversion technologies as well as
biobased products, which the RFS2 does
not incentivize.
Soil Resources
The implementation of BCAP would
generate positive effects from a
reduction in soil erosion and increased
soil carbon sequestration from the
conversion of Title I crops to perennial
dedicated energy crops. The conversion
to a perennial dedicated energy crop
provide greater soil retention due to
anticipated cropping practices and the
plant structure holding soil in place.
Under Alternative 1, with the limited
BCAP funding, the benefits associated
with reduced soil erosion would be only
locally significant and would provide
for positive changes to water quality,
soil organisms biodiversity and overall
biological diversity.
Under Alternative 2, depending upon
the level of agricultural crop residue use
to meet EISA requirements, the effects
could be either insignificant or
significant, cumulatively. When
combined with the U.S. Forest Service
measures to increase woody biomass
utilization for bioenergy, there may be
short term increases in soil erosion from
forest lands in some regions; however,
these should be minimal if harvest and
management BMPs are implemented per
the forest stewardship plan or the
equivalent, and all applicable Federal,
State, and local harvest regulations.
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Also, in some regions, soil erosion on
forest lands would be insignificant due
to the species and understory cover
provided. The increased use of crop
residues is anticipated to lead to
changes in cropping practices, which
should provide greater soil cover by
standing crop residues and reduced
tillage practices to promote residues
use.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Water Quality and Quantity
The conversion to a perennial
dedicated energy crop provides greater
water use efficiency than traditional row
crops such as corn. This conversion
would be anticipated to limit runoff
from agricultural fields and potential
need for irrigation past the initial
establishment period. Under Alternative
1, with the limited BCAP funding, the
benefits associated with increased water
quality and decreased water quantity
would be only locally significant and
would provide for positive changes.
Under Alternative 2, depending upon
the level of crop residue use, the effects
could be either insignificant or
significant, cumulatively. The
implementation of BCAP would
generate positive effects from (1) a
potential reduction of irrigated cropland
acres, (2) greater water use efficiency on
non-irrigated and irrigated acreage, and
(3) a general reduction in agricultural
chemical use from the conversion of
Title I crops to perennial dedicated
energy crops.
The majority of water consumption
associated with corn-based ethanol is
from irrigation to grow the crop. A
potential reduction in the amount of
irrigated acres would reduce the total
water consumption to produce ethanol.
Also, studies have indicated that
conversion of biomass at co-generation
or combined heat and power (CHP)
power plants for electricity is more
efficient in the reduction than
conversion into transportation fuels.
However, water consumption for this
use should also be considered. Other
studies indicate that traditional liquid
biofuels used as a fuel source for power
generation are the most water inefficient
when compared to traditional fuels,
such as natural gas, which was the most
water efficient.
Recreation
Impacts to recreation could be
positive or negative based on the
locality for BCAP project regions.
However, they would be small
regionally and nationally under either
alternative and would not substantively
or cumulatively change the recreational
aspects of participation in wildlife
activities.
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Basis for the Decision
Proposed Action
Alternative 2 is selected as the
alternative to implement the Proposed
Action. Alternative 2, the Selected
Alternative, complies with the 2008
Farm Bill, provides FSA flexibility in
terms of program implementation and
development of a sustainable industry,
and is the most balanced approach to
achieving long-term program goals,
while being consistent with the intent
and language of the 2008 Farm Bill. The
No Action Alternative was used as an
analytical baseline. Alternative 1
provided for a targeted application of
the BCAP; however, this alternative was
restrictive in the types of potential sized
facilities that could participate in the
program, thus limiting the overall scope.
The broader scope of implementation,
as analyzed under Alternative 2, would
have the potential to open new nonagricultural lands (that is, NIPF) into
dedicated energy crop production,
which, if the effects were unmitigated
could create losses of biodiversity at a
regional scale. However, conversion
from non-agricultural lands should be
minor, since modeling results indicated
that the majority of the cropland for
dedicated energy crops would be
converted from traditional row crops
and pastureland. Also, the use of the
BCAP conversation plan and forest
stewardship plan (or the equivalent)
would avoid and mitigate those effects
through appropriate BMPs and
sustainable practice approaches. No
significant impacts would occur from
implementation of the Proposed Action
and no adverse cumulative impacts are
expected. Potential negative impacts
would be minimized by employment of
site-specific environmental evaluations
prior to contract approval, BMPs,
incorporation of practical mitigation
measures in the BCAP conservation
plan or forest stewardship plan (or the
equivalent), and, if indicated, EAs
would be tiered to the Final PEIS for
those areas requiring further NEPA
analysis prior to contract approvals,
consistent with 40 CFR 1508.28.
BCAP Components
BCAP is divided into two distinct
components as specified in the 2008
Farm Bill. The Matching Payment
component was determined to be largely
mandatory and non-discretionary in
nature. Implementation of the
Establishment and Annual Payment
component required an exercise of
discretion by the Secretary of
Agriculture. The separation of the two
components in the 2008 Farm Bill and
the mandatory nature of the Matching
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66005
Payments allowed for the NOFA to be
used to initiate that component before
final rule-making on the entire BCAP.
An appropriate comment period and
inclusion of the reference to the BCAP
Establishment and Annual Payments
components PEIS, which included the
Matching Payments component in the
cumulative effects analysis, made
inclusion of the Matching Payments
component as part of the alternatives
analysis for BCAP PEIS unnecessary per
standard, as such with the publication
of the Final BCAP PEIS, this analysis
including the cumulative effects would
be complete. The range of reasonable
alternatives, given the geographic scope
of the analysis, provided valid
consideration of the scale of the
program with unlimited funding
authorized for both the Matching
Payments component and the
Establishment and Annual Payments
component of BCAP in the 2008 Farm
Bill.
Geographic Scale and Approach to the
Analysis
The geographic scale of potential
BCAP project area sites encompasses the
entire United States and its territories
and as a result land use changes,
farming practices, weather conditions,
soil types, water resources, natural
ecosystems, and economies vary widely
at the site-specific level. Therefore, the
PEIS assessed the potential impacts of
implementing the Establishment and
Annual Payments component of BCAP
on a broad scale that required that
certain assumptions be made to assess
the impacts of the program.
Since the BCAP supports the
production of dedicated energy crops,
the analysis focused only on the
potential impacts associated with crop
production and not the impacts
associated with conversion of biomass
into various types of energy (that is
ethanol, electricity, burning for
combined power and heat, etc.) since
the intent of the program was for the
successful establishment of dedicated
energy crop production throughout the
United States, which could be used in
a myriad of end product components
based on the facilities available to the
producers. The PEIS evaluated the
impacts of establishing a bioenergy crop
(on BCAP eligible lands) and managing,
and transporting to a BCF a specific
crop from each of the three broad
classes of cellulosic energy crops
(woody crops, perennial herbaceous,
and annual herbaceous). Hybrid poplar
and willow (woody species),
switchgrass (perennial herbaceous
species), and forage sorghum (annual
herbaceous species) were chosen
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because they have the most widely
available data; it is feasible that they can
be established within the time frame of
the program, and represent likely energy
crops that would be grown for biofuels/
bioenergy across varied regions of the
United States. These representative
dedicated energy crops in no way
represent the entire range of possible
bioenergy crops that could qualify as an
eligible crop under the BCAP. The
production of switchgrass, forage
sorghum, hybrid poplar, and willow
utilize agricultural practices that are
similar to those used in traditional crop
agriculture with some variations in
equipment and techniques. Production
operations and multi-year
characteristics for each selected
bioenergy crop would vary.
Although algae is an eligible crop
under the Establishment and Annual
Payments Program component of BCAP,
it currently is not considered likely to
be commercially feasible and suitable
for inclusion in a BCAP project area by
the end of fiscal year (FY) 2012, the
expiration of the authority for BCAP. As
such, algae as an eligible crop is briefly
discussed, but is not included in the
detailed analysis within this document.
Additionally, existing forestry
resources on NIPF would be eligible for
the Annual Payments. These resources
are identified by approximate locations
throughout the United States through
association with private forest lands as
detailed within the Forest Inventory and
Analysis data publicly provided by the
U.S. Forest Service.
Model Development and Approach
To determine the potential locations
for BCAP projects based on prevailing
economics of dedicated energy crop
production, a model-based approach
was used, which contained information
on prevailing cropland uses, factors of
production for an herbaceous energy
crop (that is, switchgrass), factors for the
use of crop residues as a bioenergy
feedstock, and transportation costs. The
model currently incorporates
switchgrass and residues (crop and
forestry) as feedstock for BCF. However,
it is important to note that switchgrass
can be seen as a generic dedicated
energy crop which would represent the
land use requirements implicit in the
use of other energy crops for which data
is not readily available. The use of
switchgrass as a model crop
representing other dedicated energy
crops, could underestimate the
production potential of feedstock that
has a yield that could be significantly
larger than switchgrass, and
consequently underestimate the
potential of specific regions of the
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country as candidate locations for
potential BCAP projects locations. In an
effort to address those shortcomings, the
model was complemented with
preliminary data in an effort to include
poplars, willows, and forage sorghum as
eligible crops.
The analysis included prices for
switchgrass ranging from $35 to $80 per
dry ton. The $60 per dry ton analysis
provided a good regional coverage of
feedstock potential supply for
herbaceous perennial and annual crops,
and consequently was selected to
perform the GIS analysis to locate the
potential BCAP projects; while $70 per
ton was needed for poplars and $90 per
ton for willows. The analysis assumed
that farmers or land owners would
receive $45 per ton in payment through
BCAP plus a match from the plant
demanding the cellulosic feedstock.
This assumption was made based on the
information provided in the 2008 Farm
Bill and the Matching Payments
component of the BCAP NOFA. It was
assumed that producers would receive
this matching payment for two years
from the first date of delivery of
feedstock to a BCF.
The model was developed to first
determine approximate project locations
based on the regional availability of
feedstock and price levels. Then
through the use of Geographic
Information System (GIS) program and
land use data at the county level, areas
were identified that had the potential
for higher feedstock concentrations. The
analysis incorporated projected land use
and proprietor income changes,
government payment changes, along
with an increase in transportation and
the development of a dedicated energy
crop. The approximate predicated
project locations were developed for
each of the proxy feedstocks analyzed.
These predicted project locations were
then used for each of the resource areas
to determine potential impacts, both
positive and negative, from the
alternatives.
Under Alternative 2, funding for
BCAP was assumed to be unlimited and
a driving factor was to produce enough
biomass feedstock to meet the demands
of EISA (that is, approximately 15
billion gallons of advanced biofuels).
The analysis for Alternative 2 was
conducted at both a regional and the
national level. The analysis focused on
the impacts to net farm income; farm
prices; government payments; land use
shifts; and direct, indirect, and induced
economic impacts as a result of changes
in the aforementioned variables. To
model this, POLYSYS was used to
estimate the quantity and price of
feedstock necessary to achieve the EISA
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targets through 2023. To meet the
Department of Energy (DOE) goals of
$1.76 per gallon of ethanol and $51 per
dry ton of herbaceous feedstock by
2012, the role, size, and funding of a
potential expanded BCAP was
estimated, based on the estimated prices
of feedstock. The analysis assumed that
farmers or land owners would receive
$45 per ton in matching payments
through BCAP in addition to payment
from the plant demanding the cellulosic
feedstock. This assumption was made
based on the initial matching payments
distribution as described in the 2008
Farm Bill and implemented in the
NOFA. This analysis for Alternative 2,
built on the models developed for
Alternative 1, which analyzed a suite of
specific potential project areas.
Resource Specific Attributes
Based on the model results, assuming
unlimited funding for the Establishment
and Annual Payments component, the
Proposed Action would create a balance
of the objectives and goals of the
program (that is, create the framework
for a dedicated energy crop production
industry in the United States) with
overall natural and human-built
environmental benefits, while
minimizing potential negative effects
through a comprehensive project area
proposal process and site-specific
environmental evaluation of each
contract holding.
Overall, air quality; soil resources;
and water quality and quantity; would
have benefits from either alternative
with Alternative 2 providing for greater
effects given the overall potential size of
the program. It was estimated that there
would initially be greater adverse
effects, though not significant, during
the establishment phases; however, after
initial establishment there would be
greater amassed benefits from a greater
reduction in soil erosion, more soil
carbon sequestration, and reduced
irrigation demand for perennial
dedicated energy crops, including
SRWC over more land areas.
Socioeconomic effects and land use
changes would initially have a decline
in economic activity within certain
sectors (that is, services for traditional
row crops) as a shift occurs into
dedicated energy crops; however, a new
equilibrium would be reached as those
traditional row crop sectors convert into
supporting dedicated energy crops.
Through the analyzed period (2009 to
2023) the overall balance for
socioeconomics and land use would be
positive economic activity in excess of
$88 billion with the potential for an
increase in crop prices over the period
by greater than 15 percent. There would
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be the potential for regional effects to
biological resources, however, it would
be limited by the anticipated minor
amount of conversion of nonagricultural lands (for example, NIPF
converted to herbaceous cropland) and
native grasslands, not native sod (for
example, expired CRP acres that had
been planted to native grass) to
dedicated energy crops; however, those
effects could be avoided and minimized
through the use of accepted BMPs and
BCAP environmental screening. On
balance the Proposed Action, with the
BMPs and practical mitigation measures
associated in the BCAP conservation
plan or forest stewardship plan (or the
equivalent) in conjunction with project
level NEPA analysis and the sitespecific environmental evaluations prior
to accepting contact holdings, would
create a beneficial environment for the
establishment of long-term dedicated
energy crop industry in local and
regional areas based on their unique
dynamics, while growing those crops in
a diverse and environmentally
sustainable manner.
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The Decision
FSA would implement the Selected
Alternative as described in this ROD.
This alternative provides overall
benefits to the environment, allows for
flexibility in implementation, and
follows the intent and language of the
statute when compared to the other
alternatives analyzed. FSA would
ensure impacts are minimized by
employment of appropriate practice
standards in conservation plans and
forest stewardship plans (or equivalent),
site-specific environmental evaluations
prior to each approved contract, and
supplemental EAs or EISs for those
areas requiring further NEPA analyses.
After the publication of the Final PEIS
on June 25, 2010, the later enactment of
the 2010 Supplemental Appropriations
Act (Pub. L. 111–212) on July 29, 2010,
provided a limitation of funding for
BCAP of $552,000,000 in fiscal year
2010 and $432,000,000 in fiscal year
2011. FSA does not have the authority
to limit the scope of BCAP to a smaller
or more restrictive program than the
2008 Farm Bill authorizes, except as
may be needed to confine the program
within these newly provided spending
limits. Consistent with 40 CFR 1502.9,
FSA has determined that a
Supplemental PEIS may be required for
changes to BCAP.
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Signed in Washington, DC, on October 19,
2010.
Carolyn B. Cooksie,
Executive Vice President, Commodity Credit
Corporation and Administrator, Farm Service
Agency.
[FR Doc. 2010–26872 Filed 10–22–10; 11:15 am]
BILLING CODE 3410–05–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[Docket Nos. PRM–50–93 and PRM–50–95;
NRC–2009–0554]
Mark Edward Leyse; Mark Edward
Leyse and Raymond Shadis, on Behalf
of the New England Coalition; Petitions
for Rulemaking
Nuclear Regulatory
Commission.
ACTION: Notice of consolidation of
petitions for rulemaking and re-opening
of comment period.
AGENCY:
The Nuclear Regulatory
Commission (NRC) is publishing for
public comment a notice of
consolidation of petitions for
rulemaking (PRM). The PRMs to be
consolidated are PRM–50–93 filed by
Mark Edward Leyse on November 17,
2009, and PRM–50–95 filed on June 7,
2010, by Mark Edward Leyse and
Raymond Shadis, on behalf of the New
England Coalition (the Petitioners).
PRM–50–95 was docketed by the NRC
on September 30, 2010. In PRM–50–95,
the Petitioners request that the NRC
order Vermont Yankee Nuclear Power
Station (Vermont Yankee) to lower the
licensing basis peak cladding
temperature in order to provide a
necessary margin of safety in the event
of a loss-of-coolant accident (LOCA).
The NRC is considering PRM–50–95 in
conjunction with existing PRM–50–93
that the NRC is reviewing on the same
issues, and is re-opening the public
comment period to consider the matters
raised by PRM–50–95.
DATES: Submit comments by November
26, 2010. Comments received after this
date will be considered if it is practical
to do so, but the NRC is able to assure
consideration only for comments
received on or before this date.
ADDRESSES: Please include Docket ID
NRC–2009–0554 in the subject line of
your comments. For instructions on
submitting comments and accessing
documents related to this action, see
‘‘Submitting Comments and Accessing
Information’’ in the SUPPLEMENTARY
INFORMATION section of this document.
SUMMARY:
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66007
You may submit comments by any one
of the following methods.
Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2009–0554. Address questions
about NRC dockets to Carol Gallagher,
301–492–3668, e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
E-mail comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive a reply e-mail confirming
that we have received your comments,
contact us directly at 301–415–1677.
Hand-deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
Federal workdays (telephone 301–415–
1677).
Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
FOR FURTHER INFORMATION CONTACT:
Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch,
Division of Administrative Services,
Office of Administration, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, Telephone: 301–492–
3667 or Toll Free: 800–368–5642.
SUPPLEMENTARY INFORMATION:
Submitting Comments and Requesting
Information
Comments submitted in writing or in
electronic form will be posted on the
NRC Web site and on the Federal
Rulemaking Web site, https://
www.regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed. The NRC requests that any
party soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
You can access publicly available
documents related to this action using
the following methods:
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee publicly available
documents by the NRC’s PDR, Room
O–1 F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
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27OCP1
Agencies
[Federal Register Volume 75, Number 207 (Wednesday, October 27, 2010)]
[Proposed Rules]
[Pages 65995-66007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26872]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 /
Proposed Rules
[[Page 65995]]
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1450
Biomass Crop Assistance Program
AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.
ACTION: Record of Decision.
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SUMMARY: This document presents the Record of Decision (ROD) regarding
FSA implementation of the Biomass Crop Assistance Program (BCAP) as
provided for in the Food, Conservation, and Energy Act of 2008 (the
2008 Farm Bill). The U.S. Department of Agriculture (USDA), Farm
Service Agency (FSA) prepared a Final Programmatic Environmental Impact
Statement (PEIS) for BCAP. A Notice of Availability (NOA) of that PEIS
was published in the Federal Register on June 25, 2010. This decision
record summarizes the reasons FSA has selected the Proposed Action
Alternatives taking into account the program's expected environmental
and socioeconomic impacts and benefits as documented in the PEIS, all
of which were considered in this decision.
SUPPLEMENTARY INFORMATION:
The Decision
Having undertaken a thorough evaluation of the resource areas
affected by BCAP, a detailed analysis of the alternatives, a
comprehensive review of public comments on the Draft PEIS, comments
received on the Notice of Fund Availability (NOFA) to the Matching
Payment component of BCAP, experience from administering the Matching
Payments component of BCAP, and public comments received on the
proposed rule, FSA has decided to implement Alternative 2, the Selected
Alternative, identified for BCAP. This decision was made after
comparing overall environmental impacts and other relevant information
with regard to the reasonable alternatives considered in the BCAP PEIS
and through the additional public input on the BCAP following the
guidance of the Administrative Procedures Act (Pub. L. 79-404) and
agency rules, opinions, orders, records, and proceedings. Alternative 2
was selected as the alternative that was most consistent with the
intent and language of the 2008 Farm Bill (Pub. L. 110-246), while
being environmentally responsible and reasonable to implement, and that
would not have significant negative impacts. The following briefly
describes the purpose and need for the proposed action and the
alternatives considered.
Purpose and Need for the Proposed Action
The purpose of the Proposed Action is to establish and administer
BCAP, as specified the 2008 Farm Bill. The need for the Proposed Action
is to implement BCAP for the purposes specified in the 2008 Farm Bill,
specifically to promote the establishment and production of eligible
dedicated energy crops.
The purpose of the PEIS was to identify and assess the broad
implications to the human and natural environments of the national
implementation of those components of the BCAP that were discretionary
in nature as provided by the 2008 Farm Bill. It was determined that
BCAP provided incentives and assistance in the production of dedicated
energy crops similar to the incentives for production of traditional
agricultural row crops, which was the reasoning behind limiting the
analysis to establishment and production of dedicated energy crops.
Dedicated energy crops currently under consideration as economically
viable were determined to use similar cultivation techniques, grown in
areas with current traditional crop production, and have similar
transportation methods and mechanisms, and as such, would have similar
off-farm effects for delivery to markets, with these effects being site
specific. The range of final products that could be produced from
dedicated energy crops grown as part of BCAP is wide and changing with
new technology on a rapid basis. Cumulatively, the conversion of
dedicated energy crops into a final product was qualitatively analyzed
since the location, type, and technology to reach a final product from
a dedicated energy crop could not be quantifiably determined as part of
this program.
Overview of BCAP
BCAP is a new program provided for in Title IX of the 2008 Farm
Bill. BCAP is intended to assist agricultural and forest land owners
and operators with the collection, harvest, storage, and transportation
of eligible materials for use in a biomass conversion facility (BCF)
and to support the establishment and production of eligible crops for
conversion to bioenergy in selected project areas. BCAP will be
administered by the Deputy Administrator for Farm Programs of the FSA
on behalf of the Commodity Credit Corporation (CCC) with the support of
other Federal and local agencies. BCAP is composed of two components:
(1) The Matching Payments component for the collection harvest,
storage, and transportation (CHST) of eligible materials, and (2) the
Establishment and Annual Payments component associated with BCAP
project areas.
BCAP Matching Payments Component
CCC and FSA published a NOFA for the Matching Payments component of
BCAP for eligible renewable biomass material on June 11, 2009 (74 FR
27767-27772). The NOFA announced the availability of funds beginning in
2009 for matching payments to eligible material owners for CHST of
eligible material delivered to qualified BCFs in advance of full
implementation of BCAP. FSA invited comments on the NOFA from all
interested individuals and organizations over a 60-day comment period.
On February 8, 2010, the proposed rule for full implementation of BCAP
was published (75 FR 6264-6288) which terminated the NOFA effective
February 3, 2010. With the publication of the proposed rule, the CCC
and FSA requested comments on the proposed rule, which included both
components of the BCAP.
The NOFA was published in response to the Presidential Directive
issued to the Secretary of Agriculture directing an aggressive
acceleration of investment in and production of biofuels. The
Presidential directive requested that the Secretary of Agriculture take
steps to the extent permitted by law to expedite and increase
production of and investment in biofuel development by making the
renewable energy financing available in the 2008 Farm Bill available
within 30
[[Page 65996]]
days. The NOFA was the first step in a multi-step process to provide
guidance and funding for CHST in response to the Presidential Directive
consistent with the 2008 Farm Bill. The NOFA provided a general summary
of the provisions that would be used to administer payments for CHST in
advance of the rule on BCAP. Specifically, the NOFA (1) provided
policies and processes for providing matching payments for the CHST of
eligible material, to qualified BCFs, and (2) described the process for
qualifying CHST BCFs. The Matching Payments component was implemented
under the guidance of the Deputy Administrator for Farm Programs, FSA
(Deputy Administrator), who is also the Executive Vice President of
CCC. The USDA determined that making these funds available as soon as
possible was in the public interest, and that withholding funds for
CHST to provide for public notice and comment would unduly delay the
provisions of the benefits associated with the program.
The Matching Payments component was determined not to be a major
Federal action per the NEPA definition since (1) the program was
understood to be a mandatory program subject to a final construction
and implementation of the statutory terms and the interim allocation of
funds while the final determinations were being made and (2) the
materials collected during the Matching Payments component were
currently being utilized in the marketplace for a similar, if not the
same, purpose. The Matching Payments component incentivized an existing
activity, which was fully seen from the data collected during the NOFA
authority, to continue production during current economic conditions.
The data from the NOFA indicated that approximately 80 percent of the
BCFs qualified were collecting renewable biomass materials prior to the
NOFA, indicating only a small number of qualified BCFs either were new
facilities, facilities newly brought on-line, but were in the
construction phases prior to the NOFA, or were facilities that
restarted production from an off-line state due to the incentive
created by the Matching Payments component encouraging delivery of the
energy feedstock. There is an indication from the data that there was a
redirection of some existing materials from pulp and paper
manufacturers to wood pellet mills.
The Matching Payments component of BCAP was analyzed in the PEIS as
a mandatory implementation of the 2008 Farm Bill for either alternative
in the economic modeling as a payment to producers within project
areas; it was not analyzed as a payment to others outside the contract
acreage producers. It was assumed for both alternatives that producers
would receive the $45 per ton as the maximum matching payment for
delivery of biomass to a qualified facility for two years from the
first delivery. Using this assumption would anticipate, per the model
limitations, the potential for maximum adoption of dedicated energy
crops by producers within project areas and therefore, estimated land
use conversion given the highest potential value, in total (annual
payment, delivery payment, and matching payment combination), for
delivered biomass. The maximum payment scenario was used to depict a
maximum adoption under limited funding and a scenario with unlimited
funding that would assist in meeting the goals of other legislation
(such as the Renewable Fuel Standard (RFS2)), which would indicate the
broad potential impacts to the human and natural environments from the
establishment and growth of dedicated bioenergy crops. The timing
within the model was estimated as five years from acreage contracted
during the last authorized fiscal year for herbaceous perennial crops
with a delivery estimate of two to three years from establishment. For
woody species, the contract period is 15 years with at least one
delivery; therefore, the model results were assumed for a period 15
years from acreage contracted during the last authorized fiscal year
with at least one delivery for some woody species and two deliveries
for other woody species.
BCAP Establishment and Annual Payments Component
BCAP is intended to support the establishment and production of
eligible crops on eligible land for conversion at a biomass conversion
facility (BCF) in selected BCAP project areas and to provide financial
assistance to producers of eligible crops in BCAP project areas. Under
the Establishment and Annual Payments component, the CCC would accept
BCAP project area proposals on a continuous basis. To be considered for
selection as a BCAP project area, a project sponsor consisting of a
group of producers or a BCF must submit to the Secretary a proposal
that includes (at a minimum): (1) A description of the eligible land
and eligible crops to be enrolled in the proposed BCAP project area;
(2) a letter of commitment from a BCF that the BCF would use eligible
crops intended to be produced in the BCAP project area; (3) evidence
that the BCF has sufficient equity available if the BCF is not
operational at the time the project area proposal is submitted; and (4)
other information that gives the Secretary a reasonable assurance that
the BCF would be in operation by the time that the eligible crops are
ready for harvest. BCAP project area proposals would be evaluated on
selection criteria that take into account:
The dry tons of eligible crops and the probability those
crops would be used for BCAP purposes;
The dry tons of renewable biomass potentially available
from other sources;
The anticipated economic impact within the project area;
The opportunity for producers and local investors to
participate in ownership of BCF;
The participation by beginning or socially disadvantaged
farmers or ranchers;
The impact on soil, water, and related resources;
The variety in biomass production approaches within a
project area;
The range of eligible crops among the project areas;
The ability to promote cultivation of perennial bioenergy
crops and annual bioenergy crops that show exceptional promise, and not
primarily grown for food or animal feed; and
Any additional criteria, as determined by the Secretary.
BCAP project areas would be subject to approval based on the above
selection criteria and the successful completion of a finding of no
significant impact (FONSI) for a NEPA Environmental Assessment (EA),
which would determine that there would be no significant effects to the
natural or human environment within the proposed project area. This
project area level NEPA document would identify regionally and locally
significant features and/or resources and the potential for effects to
those resources from the proposed project area implementation. If
certain mitigation measures could be undertaken to avoid significant
effects, those measures would be detailed in the project area EA.
Additional requirements at the producer level include conservation
planning in the form of a BCAP conservation plan or forest stewardship
plan (or an equivalent plan). In addition to an approved conservation
plan or forest stewardship plan (or the equivalent), a site-specific
BCAP environmental screening form would be completed to determine the
appropriate level of further environmental review necessary prior to
completion of the BCAP contract with the producer. That environmental
review and conservation
[[Page 65997]]
planning would provide site-specific mitigation measures, as necessary,
to conserve physical and biological resources at the contract level.
Those mitigation measures and practices approved through conservation
planning would be periodically monitored by USDA to determine the
success and compliance with those measures.
A producer within the project area may enter into a contract with
CCC to commit eligible land, which would then be called contract
acreage, to establish and/or produce eligible crops. Contract durations
may be up to five years for annual and non-woody perennial crops and up
to 15 years for woody perennial crops. The 2008 Farm Bill defined
eligible land for project areas as agricultural land and non-industrial
private forest land (NIPF), subject to certain exclusions. Eligible
agricultural land for BCAP includes cropland, grassland, pastureland,
rangeland, hayland, and other lands on which food, fiber, or other
agricultural products are produced or are capable of being produced for
which a valid conservation plan exists or is implemented. Eligible NIPF
land for BCAP includes rural lands with existing tree cover, or that
are suitable for growing trees, which are owned by any private
individual, group, association, corporation, Indian tribe, or other
private legal entity as provided by section 5(c) of the Cooperative
Forestry Assistance Act of 1978, as amended (16 U.S.C. 2103a).
Agricultural and NIPF lands with already established energy crops or
already contracted for energy crops or planned energy crops would be
eligible lands for contract acreage. USDA FSA may consider waste lands,
brownfields, abandoned mine land, and environmental clean-up sites as
eligible land, if they meet the definition of agricultural land or
NIPF, as described above and in the 2008 Farm Bill.
Producers in project areas may be eligible for both BCAP
establishment payments and annual payments. Producers would be eligible
for establishment payments for not more than 75 percent of the cost of
establishing a perennial crop, which could include woody perennial
crops. Establishment payments were not authorized for annual crops and
would only be made for new perennial, eligible crops with a projected
initial harvest time occurring within the length of the contract
period. Existing eligible crops on agricultural lands and NIPF would
not be eligible for establishment payments; however, they could be
eligible for annual payments. Annual payments would be calculated on:
(1) A weighted average soil rental rate for cropland; (2) the
applicable marginal pastureland rental rate for all other land except
for NIPF; (3) for NIPF, the average county rental rate for cropland as
adjusted for forestland productivity; and (4) any incentive as
determined by the Deputy Administrator. The payments are intended to
support production of eligible crops.
Alternatives Analyzed
The following list contains action alternatives determined to be
reasonable, which were evaluated in detail in the BCAP PEIS as
developed during internal and public scoping processes, as described in
the following section. These alternatives were developed to provide
overall flexibility in the program with one alternative being
restrictive and with limited funding, while the other was broader and
could provide a greater level of funding. The No Action Alternative,
used as a baseline for comparison of the Proposed Action, assumed no
Federal program for the Establishment and Annual Payments Program
component of BCAP. Alternative 1 was determined to be the Preferred
Alternative in the Final PEIS.
Alternatives Considered
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Alternative 1: Targeted Alternative 2: Broad implementation
implementation of BCAP of BCAP
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BCFs supported by BCAP project All bio-based products produced by
areas are limited to producing a BCF in BCAP project areas can be
energy. supported.
No new non-agricultural lands New non-agricultural lands allowed
allowed for BCAP project area crop for BCAP project area crop
production. production.
Cropland acres enrolled in the Cropland acres enrolled in the
program would be capped at 25 program would not be capped.
percent of cropland acres within a
given county.
Advanced biofuels produced by BCAP Advanced biofuels produced by BCAP
project area BCFs must meet the project area BCFs do not need to
greenhouse gas test. meet the greenhouse gas test.
Only new BCFs are allowed to be Existing BCFs that meet BCAP
part of BCAP project areas and eligibility requirements are
only newly established crops on supported.
BCAP contract acres are eligible
crops.
Only large commercial BCFs would be Small and Pilot BCFs would qualify
allowed in BCAP project areas. for BCAP project areas.
Payments would be limited to Payments would completely replace
provide some risk mitigation. lost potential income from non-
BCAP crops.
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Public Involvement
Responses to the Final SEIS public comments and FSA's analyses
supporting this Record of Decision are presented in the following
discussion.
Public Scoping
CCC first provided notice of its intent (NOI) to prepare the
proposed BCAP PEIS in the Federal Register on October 1, 2008 (73 FR
57047-57048). CCC provided an amended NOI to prepare the proposed BCAP
PEIS on May 13, 2009 (74 FR 22510-22511), and solicited public comment
on the proposed PEIS for BCAP. Six public scoping meetings were held in
May and June 2009 to solicit comments for the development of
alternatives and to identify environmental concerns. FSA performed a
density analysis of likely BCAP participation to determine those areas
that would utilize the program and meetings were planned for these six
locations. Public meetings were held in Washington, Texas, Iowa,
Louisiana, Georgia, and New York in the cities and dates as presented
in the table below. The PEIS has taken into consideration comments
gathered in the scoping process initiated with the October 1, 2008, NOI
to develop the alternatives proposed for the administration and
implementation of BCAP. Announcements of the scoping meetings were
posted in the FR (74 FR 22510-22511), State and county FSA offices, and
the FSA Web site prior to the meetings. A public website was created
that provided program information, scoping meeting locations and times,
and an electronic form for submitting comments via the internet. A
presentation was given at each meeting followed by a comment period for
attendees. Printed program information and comment forms were made
available at the meetings, along with
[[Page 65998]]
cards providing the public comment Web site address. Meetings were
attended by the FSA National Environmental Compliance Manager or FSA
Federal Preservation Officer, and were recorded by a court reporter.
List of Public Scoping Meetings
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Date of meeting City, state Meeting location
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May 28, 2009.................. Olympia WA....... Red Lion Hotel, 2300
Evergreen Park
Drive, Olympia, WA
98502.
June 2, 2009.................. Amarillo, TX..... Hilton Garden Inn,
9000 I-40 West,
Amarillo, TX 79124.
June 4, 2009.................. Alexandria, LA... Alexander Fulton
Hotel, 701 4th
Street, Alexandria,
LA 71301.
June 8, 2009.................. Des Moines, IA... Renaissance Savery
Hotel, 401 Locust
Street, Des Moines,
IA 50309.
June 10, 2009................. Albany, GA....... Hilton Garden Inn,
101 S. Front Street,
Albany, GA 31701.
June 11, 2009................. Syracuse, NY..... Hilton Garden Inn,
6004 Fair Lakes,
East Syracuse, NY
13057.
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All comments received during the scoping process were recorded and
categorized, as applicable, to the stated purpose and need for the
Proposed Action, the Proposed Action itself, preliminary alternatives,
and environmental resource areas. The comments were evaluated by FSA to
determine the scope and significance of each issue and the depth at
which it would be analyzed in the PEIS.
Draft PEIS
The availability of the Draft PEIS was announced on August 10, 2009
(74 FR 39915). This Notice of Availability (NOA) marked the beginning
of a 45-day public comment period soliciting comments from interested
persons and agencies. Comments were received through October 9, 2009.
Copies of the Draft PEIS were provided to the headquarters and all the
regional offices of the U.S. Environmental Protection Agency (EPA) and
U.S. Fish and Wildlife Service (USFWS). Comments were received from
State and Federal agencies, non-government organizations, and
individuals. FSA responded to all substantive comments received and
either expanded the PEIS to address the comment or explained why the
PEIS was not expanded or clarified in accordance with the comment.
The Draft PEIS received comments from five Federal agencies, three
private individuals, 25 organizations or corporations, and the
Government of Canada. These 35 commenters generated 191 comments. The
individual comments addressed Air Quality (22), Biological Resources
(41), Cumulative Effects (9), Mitigation (4), Additional Language or
Further Clarification (14), Other (39), Proposed Action and
Alternatives (24), Purpose and Need (10), Recreation (1), Resources
Eliminated from Detailed Study (3), Socioeconomics and Land Use (21),
Soil Resources and Quality (11), and Water Quantity and Quality (10).
Comments concerning Air Quality included greenhouse gas (GHG)
emissions from biomass burning, carbon sequestration, soil carbon,
carbon sinks, primary/criteria air pollutants, and wind erosion.
Biological resources comments included effects to protected species,
primary nesting season (PNS) considerations, conversion of forest
lands, conversion of grasslands, genetically engineered (GE) organisms,
cumulative effects to vegetation and wildlife, types of crops planted,
grassland birds, and invasive and noxious species. Cumulative effects
comments included effects to higher-value product feedstocks, effects
from forest land conversion, and associated and related programs at the
state level. Mitigation comments included new tools to assess the
values of biomass production at the site-specific level to generate the
BCAP conservation plan and a request for greater details. Other
comments received included mechanisms associated with CHST, monitoring
programs, conversion of Conservation Reserve Program (CRP) acres, the
inclusion of crop residues, greater description of forestry resources,
agricultural plastics, more precise definitions of eligible crops and
lands, and the use of only one crop type as an example of eligible
crops. Several comments were received on the number of alternatives
presented and analyzed. Comments on Socioeconomics and Land Use
included the effects on existing BCF, the use of residues, and the
inclusion of short rotation woody crops (SRWC) into the models. Soil-
related comments included increased erosion potential, soil carbon
sequestration, and the role of agricultural residues in soil formation.
Water-related comments included water quantity for BCF use, erosion and
pesticide transport, irrigation use, and Gulf of Mexico hypoxia.
Final PEIS
Public notices announcing the availability of the Final PEIS were
published on June 25, 2010 (75 FR 36386). The Final PEIS was available
for public review and comment for 30 days, and to ensure that all
potential comments from interested stakeholders were received and
reviewed, an extra 30 days was provided for FSA receipt of comments.
FSA received comments from two Federal agencies, 38 organizations or
corporations, one local government representative, and seven private
citizens. Approximately 54 percent of the commenters specifically
favored one alternative over the others, with 15 commenters favoring
Alternative 1, 10 commenters favoring Alternative 2, and one commentor
favoring the No Action Alternative.
Final PEIS commenters supported Alternative 2, the Selected
Alternative, for many of the following reasons: Provides the greatest
incentive for forest landowners to continue managing NIPF to produce
valuable ecosystem goods and services; discourages NIPF owners from
converting forest land to other land uses; provides more renewable
biomass than Alternative 1 or the No Action Alternative; creates the
greatest reduction in fossil fuel consumption; increases energy
security by increasing domestic energy production; socioeconomic
benefits; environmental benefits; allows the all qualified BCF to
participate regardless of size; Alternative 1 is too restrictive; more
closely supports State renewable portfolio standards (RPS) goals;
creates green jobs; and provides greater incentives to high potential
bioenergy crops.
Impacts Summary
The Final PEIS outlines and compares all of the alternatives'
potential impacts. Based upon the analyses and conclusions presented in
the Draft PEIS, FSA identified the Preferred Alternative as Alternative
1; however, with comments received on the NOFA, experience with the
Matching Payments component of BCAP, comments received on the proposed
rule, and from
[[Page 65999]]
the Final PEIS comment period, FSA has chosen Alternative 2 to be the
selected and implemented alternative. Within the context of the
Proposed Action's purpose and need, this alternative is both
environmentally responsible and reasonable to implement, would not have
significant negative impacts, and more closely matches the intent and
guidance of the 2008 Farm Bill. Both beneficial and potential adverse
effects of the alternatives analyzed for implementing BCAP are
identified and discussed below.
Alternative 1 (Preferred Alternative)
Under Alternative 1, the BCAP Establishment and Annual Payments
component would be implemented on a more restrictive or targeted basis.
Project areas would be authorized for those that support only large,
new commercial BCFs that are limited to producing energy in part from
only newly established crops on BCAP contract acres. No new non-
agricultural lands (for example, NIPF converted to herbaceous crop
lands) would be allowed to enroll for BCAP crop production.
Socioeconomics and Land Use Effects
Modeling indicates that at the national level, direct impacts to
realized Net Farm Income are expected to remain unchanged from that of
the No Action Alternative due to limited funding. However, net returns
are likely to improve for those producers selected to participate in a
BCAP project area. Total net returns for most potential project
locations are positive, ranging between $2.7 and 7.3 million in Year 1
of the program. Modeling shows that positive Net Returns would still be
expected over the long term (Year 3), indicating that the BCAP project
areas remain capable of supplying a BCF with required feedstock.
Alternative 1 would cause land use changes only at the local level
(that is, county or multi-county region). Land use changes range
between 22,000 to 44,000 acres of crop (for example, corn, wheat, soy,
etc.) and hay land being converted to dedicated energy crops
(switchgrass) from that of the No Action Alternative.
Overall, scientific literature and the modeling for the BCAP PEIS
indicated that the vast majority of cropland for dedicated energy crops
would come from cropland currently in production for traditional row
crops and from pastureland. Additionally, recent literature indicates
that potentially nine million to 15 million expiring CRP acres could
return to crop production by 2025, with an estimated one million acres
potentially being planted in dedicated energy crops. This was based on
the probable higher value of traditional row crops without the
incentives provided by BCAP for dedicated energy crop production. The
impact of expiring CRP acres on total CRP enrollment would be offset
through re-enrollments into CRP and new acres being enrolled in CRP to
reach the 32 million acre CRP cap as specified in the 2008 Farm Bill.
The PEIS found that Alternative 1 would cause only minor conversion
of natural landscapes, including native habitats and forests, due to
(1) the economic costs associated with supplying infrastructure (for
example, roads, temporary irrigation for establishment) to those lands
and (2) the restrictions inherent in the 2008 Farm Bill that limit and
protect unique native habitats such as native sod, which would include
rangelands that have never been in crop production. Economic indirect
impacts under this alternative vary by project location.
The analysis method used in the PEIS did not address international
indirect land-use change. This can be done, for example, by coupling
output from the Policy Analysis System (POLYSYS) economic simulation
model to an international economic sector model, such as the Global
Change Assessment Model (GCAM) at the Joint Global Change Research
Institute. Associating carbon coefficients to the economic sectors (for
example, forest, croplands, fossil fuels, etc), allow for estimates of
indirect land-use change associated with the changes in land-use
occurring nationally. However, it is important to recognize that the
ratio of land-use change (for example, one acre of soybeans taken out
of production in the United States equals one acre of tropical
deforestation) has not been adequately established through scientific
literature. The social drivers of indirect land-use change are not
clear, not substantiated, and cannot be modeled in a fact-based
analysis at this time.
Growing dedicated energy crops, and subsequent land use changes for
those crops in a region, would impact the agricultural sector by the
creation of a new market. The exact amount of land that may be
converted is limited to 25 percent of the acreage within each county
being eligible for BCAP payments. This equates to a relatively small
amount of vegetation being converted from traditional crops or
pastureland to approved dedicated energy crop species. It is estimated
that producing a dedicated energy crop would require $60 per dry ton
(approximately $10 million) to establish the crop. To receive payments
to establish a dedicated energy crop, producers must first convert
their land from traditional crops. This would result in negative
impacts within the community as inputs from the traditional crops are
not purchased. Costs vary based on the community and the amount of land
use changes required and range between $1.5 million to $5 million.
Total economic impacts range between $19 million and $28 million.
Net positive impacts for the top five projects are between $21 million
and $25 million for their region. However, land use changes would
create negative impacts, through reduced purchases of inputs for
traditional farming, within a region ranging from $2.5 million to $10
million depending on location.
Biological Resources
Due to the small scope of this alternative, and provided
established provisions, standards, and guidelines are followed, and
provided the BCAP conservation plan, forest stewardship plan (or the
equivalent) are adapted to resource conditions, Alternative 1 would
have no significant negative impacts on vegetation or wildlife.
It is unlikely there would be significant negative impacts to
wildlife populations from the conversion to dedicated energy crops at a
regional scale. However, the potential always exists for site-specific
fluctuations in wildlife populations without the proper adaptive
management techniques being applied during the establishment and
harvesting stages of crop production. The proper use of adaptive
management and appropriate mitigation techniques related to
agricultural processes can help minimize any potential negative direct
effects. There are not expected to be large scale impacts to regional
wildlife populations because of the limited scope of land use change
under this alternative. Indirect impacts to wildlife are related to
habitat change. Some degree of wildlife mortality from collisions or
nest destruction from farm equipment is unavoidable. Provided
establishment and harvest of feedstock does not occur during the
primary nesting season (PNS), these impacts should be minimized.
Reptiles and amphibians could experience negative and positive
responses to the conversion to dedicated energy crops. The increase of
native vegetation may increase the abundance of invertebrates, a source
of food for many reptiles and amphibians. There may be short-term
reductions in population sizes the year that
[[Page 66000]]
conversion occurs from agricultural activity to biomass establishment
from collisions or crushing by farm equipment. The techniques described
above, if properly planned and applied, are designed to minimize the
impacts to wildlife of these activities. Likewise, because of the
limited implementation under this alternative, these impacts would not
be regional nor are they anticipated to affect regional wildlife
population levels.
Impacts to invertebrates are related to habitat, and would vary
based on specific lifestyle and habitat preference. Direct impacts to
invertebrates are dependent on the degree of exposure and the mobility
of a given species. Impacts from the establishment include destruction
of nest sites, crushing, and the removal of food sources. These impacts
can be reduced if activities are not conducted during periods of
highest florescence or when flowers are in bloom.
Impacts to aquatic wildlife are associated with the dangers of
sedimentation, and nutrient and agricultural chemical deposition into
water bodies. However, provided established procedures for erosion and
runoff control are followed, these potential impacts are not expected
to be significant.
Air Quality
The analysis of potential air quality impacts was intended to
estimate changes in land management associated with the adoption of
dedicated biomass energy cropping practices and to estimate changes in
greenhouse gases (GHG) and carbon stocks associated with those changes
in land management. The analysis considered the range of potential
effects associated with the establishment of the dedicated energy crop
including crop production inputs through the harvesting of the
dedicated energy crop to the farm gate.
The air quality analysis was developed through the output from the
economic forecasting model associated with predicted changes in land
management. This model (POLYSYS) is based on over 3,500 unique cropping
practices that capture greater than 90 percent of all cropland
production in the United States, using an annual time step and at a
county level. When considering changes in land-use and soil carbon
stocks, the model works at a sub-county level. The annual time step
allows for near-term estimates of dedicated energy crop adoption and
potential changes in GHG emissions. Changes in GHG emissions included
upstream emissions from the production of agricultural inputs (for
example, fertilizers, pesticides, energy for irrigation), on-site
fossil fuel emissions, on-site soil carbon dioxide (CO2)
emissions from organic carbon (soil organic matter and plant residue)
and inorganic carbon (agricultural lime), and soil nitrous oxide
(N2O) emissions.
This method was chosen, because the economic modeling components
within the POLYSYS model are of a spatial resolution (county) and
temporal resolution (annual) needed to address dedicated energy crop
adoption rates both locally and nationally. This information was used
to assess the impact of annual adoption rates on GHG emissions. Fossil-
fuel offsets from the use of cellulosic ethanol occur outside the farm
gate; therefore, they were not included in this analysis. Inclusion of
fossil-fuel offsets would likely contribute to larger carbon savings
and less net CO2 emissions to the atmosphere, than is
accounted for in the current analysis.
Positive changes to air quality are expected under Alternative 1.
However, since the scope of this alternative is limited, these changes
would not be significant. Direct impacts relate to the energy and/or
emissions from agricultural production activities. Under this
alternative, energy consumption within the top five regions would be
reduced by 3,664 gigajoules (GJ) through the conversion to switchgrass
when compared to the No Action Alternative. This energy change is
minor, in most cases less than 0.1 percent. Carbon emissions were less
than those of the No Action Alternative, yet small, usually less than
0.1 percent reduction. Due to the limited scale of conversion under
this alternative, the amount of fugitive dust emissions would be minor,
temporary, local, and nearly equal to that of the No Action
Alternative. Yet, over the long term, given the conversion to perennial
dedicated energy crops and reduction tillage, there would be a
reduction in fugitive dust emissions. These effects would be positive,
but minor.
Limited indirect impacts would occur from emissions from equipment
exhaust or other mobile sources necessary for the establishment of
dedicated energy crops. However, since machinery is already utilized on
these fields, these impacts are similar to those of the No Action
Alternative.
Site-specific mitigation measures would be determined based on the
local or regional Air Quality Control Region, as prescribed in the
conservation plan or through local or State regulations concerning air
emissions of criteria pollutants. Best Management Practices (BMPs) to
reduce mobile sources include proper maintenance of equipment and dust
suppression activities.
Soil Resources
Under Alternative 1, a reduction in erosion from all sources is
expected. Conversion of croplands from traditional crops to switchgrass
is estimated to reduce topsoil loss from these acres by 0.4 inches per
year; which equates to four inches over a ten year period. Soil carbon
would increase between 0.2 and 10.1 percent over that of the No Action
Alternative. Indirect impacts under Alternative 1 would be increased
biodiversity of soil biota as a result of increased soil organic matter
and the presence of perennial vegetation. The use of BMPs would further
reduce the potential for soil loss. Provided established conservation
standards, provisions and guidelines are implemented, Alternative 1
would have no significant negative impact on soil resources.
Water Quality and Quantity
Under Alternative 1, direct impacts to water quality are expected
from the changes to the use of nutrients and agricultural chemicals for
the establishment and production of switchgrass in the potential BCAP
project locations. Decreases in the use of potassium (3.1 percent),
lime (4.0 percent), herbicides (5.5 percent), insecticides (11.2
percent), and other agricultural chemicals (3.6 percent) are expected;
while the use of nitrogen (2.1 percent) and phosphorus (2.9 percent)
within the top five project areas are expected to increase over that of
the No Action Alternative. The overall reduction in nutrients and
agricultural chemical, erosion, total suspended solids (TSS), and
sedimentation would provide positive impacts on water quality from
implementation of this alternative. However, due to the limited amount
of acreage under this alternative, these benefits would be local.
The change in the quantity of water required under this alternative
would be minimal. The amount of water used for irrigation in the top
five regions would only decrease approximately 0.25 percent over that
of the No Action Alternative, saving an estimated 1.2 million gallons
of water per day. When compared across all project area States, 23.6
million gallons of water per day would be conserved. Switchgrass has a
higher water use efficiency (WUE) than other traditional crops, and is
highly tolerant of various water regimes and is more drought tolerant
than traditional crops.
[[Page 66001]]
Indirect impacts under Alternative 1 result from the reduction in
sedimentation and nutrient and agricultural chemical deposition into
surface water bodies that move downstream, benefiting larger water
stream courses and regional water quality.
To further reduce impacts to water quality, buffer strips comprised
of mixed native species between biofuel crop fields and surface water
bodies should be established for sediment and nutrient retention.
Adherence to established conservation standards, provisions, and
guidelines ensures Alternative 1 would have no significant negative
impact on water quality.
Recreation
Under Alternative 1 there could be localized positive or negative
impacts on wildlife habitat, but they are expected to be small due to
the relatively small amount of land converted to energy crops. The
impacts to recreation involving wildlife are expected to be small
locally and also not significant at the regional or national level.
Alternative 2 (Selected Alternative)
Alternative 2 expands the BCAP Establishment and Annual Payments
component, allowing anyone who meets basic eligibility requirements of
the BCAP provisions in the 2008 Farm Bill to participate. In addition,
existing BCFs and crops would be supported, including small and pilot
BCFs, and all bio-based products derived from eligible materials would
qualify under this alternative. New non-agricultural lands (for
example, NIPF converted into herbaceous cropland) would be allowed to
enroll and the number of cropland acres would not be capped.
Socioeconomics and Land Use Effects
Significant changes are expected in net revenues as total revenue
values increase more than the feedstock production costs and as
feedstock production reduces the supply of other crops and subsequently
increases their prices. Price increases are most significant for wheat,
corn, and soybeans, with price changes expected to increase by 15 to 20
percent during the period 2009 to 2023. The addition of more forestry
resources as feedstock would reduce pressures on crop prices somewhat,
as would any future increase in crop yields. It is expected that
government commodity payments would increase due to the price impacts
triggered by the increased demand for cropland.
Overall, scientific literature and the modeling for the BCAP PEIS
indicated that the vast majority of cropland for dedicated energy crops
would come from cropland currently in production for traditional row
crops and from pastureland. Additionally, recent literature indicates
that potentially nine to 15 million expiring acres of CRP could return
to crop production by 2025, with an estimated one million acres
potentially being planted in dedicated energy crops. This was based on
the probable higher value of traditional row crops without the
incentives provided by BCAP for dedicated energy crop production. The
impact of expiring CRP acres on total CRP enrollment would be offset
through re-enrollments into CRP and new acres being enrolled in CRP to
reach the 32 million acre cap as specified in the 2008 Farm Bill.
Land use shifts, especially among the major crops, are expected
under this alternative. The amount and type of land, both traditional
cropland and non-cropland, converted to dedicated energy crop
production would depend on which areas are designated as project areas.
Modeling indicates that by 2023, planting of dedicated energy crops
would increase production cropland by over 50 million acres, while
resulting in a reduction in traditional cropland acreage by
approximately 17 million acres, with corn acreage estimate to increase
by less than one million acres. Of the estimated 350 million acres in
current use as pastureland, approximately 34 million acres would shift
to the production of dedicated energy crops while 15 million acres
would shift to hay production. Overall, scientific literature and the
modeling for the BCAP PEIS indicated that the vast majority of cropland
for dedicated energy crops would come from cropland currently in
production for traditional row crops and from cropland pastureland.
Natural landscapes and native habitats and forests would be anticipated
to have only minor conversion due to (1) the economic costs associated
with supplying infrastructure (for example, roads, temporary irrigation
for establishment) to those lands and (2) the restrictions inherent in
the 2008 Farm Bill that limit and protect unique native habitats such
as native sod, which would include rangelands that have never been in
crop production.
There would be both positive and negative indirect impacts from the
establishment of dedicated energy crops which would flow through the
rest of the economy. While payments for the establishment of dedicated
crops is estimated to be $11 billion and the matching payments
component of BCAP is expected to create an estimated 280,000 jobs, the
costs associated with land use changes required to meet the demand for
dedicated energy crops and crop residues may bring a decline of $3.2
billion and a loss of 41,000 jobs. Overall, the total economic impact
from implementation of Alternative 2 is anticipated to be positive with
an estimated $88.5 billion in economic activity throughout and the
creation of nearly 700,000 jobs.
Biological Resources
As with Alternative 1, provided established provisions, standards,
and guidelines (that is, BMPs similar to those used in CRP conservation
plan) are followed and the BCAP conservation plans, forest stewardship
plans, or equivalent plans, are adapted to resource conditions,
Alternative 2 would have no significant negative impacts on vegetation
or wildlife. Conversion may have both negative and positive impacts.
The loss of forest land (for example, NIPF converted to herbaceous
cropland) or native grasslands, not native sod (for example, CRP acres
planted to native grass that have expired and gone back into
production) would decrease the habitat quality for several wildlife
species; however the effects would be limited given the minor amount of
conversion anticipated from these land types. Yet, as described in
Alternative 1, many of the dedicated energy crop options have a higher
habitat quality than traditional crops. The types of impacts to
wildlife during the establishment of dedicated energy crops would be
similar to those described in Alternative 1; yet, with the potential to
occur at a much broader scale. Again, the scale of this impact is
dependent on the types and amount of land converted to dedicated energy
crops. Negative impacts to large mammals, small mammals, reptiles and
amphibians, and invertebrates are not expected to be significant.
Similarly, impacts to birds are not expected to impact population
densities. However, the largest potential negative impact to grassland
birds would occur during conversion or harvesting activities. Provided
these activities do not occur during the PNS, and the small portion of
grasslands in potential BCAP project area locations, impacts to
grassland birds are minimal.
Air Quality
Implementing Alternative 2 on a broader scale would reduce overall
direct carbon equivalent emissions during perennial dedicated energy
crop
[[Page 66002]]
growth. Total energy use was approximately one to two percent higher in
most years due to the indirect energy requirement for increased
equipment manufacturing. Direct energy usage was either neutral or
decreased over time. The effects of fugitive dust emissions during the
establishment phase would be similar to those of Alternative 1. After
establishment, fugitive dust emissions would decrease due to the
alteration of cropping systems to perennial species. In the long term,
these effects would be on a regional scale and would be positive.
Indirect impacts are similar to those of Alternative 1. Site-specific
mitigation measures and BMPs as described in Alternative 1 would reduce
potential impacts to Air Quality under Alternative 2.
Soil Resources
Alternative 2 would result in reductions at both the local and
regional level of soil erosion due to the transition from traditional
crops to perennial vegetation used for dedicated energy crops. As
indicated in the modeling results, dedicated energy crop production
would increase production cropland by approximately 50 million acres
under Alternative 2, with that acreage being shift from traditional row
crops and cropland pasture, rather than natural landscapes, native
habitats and forests. Overall, the shift toward more perennial
vegetation on production croplands from traditional annual row crops
would provide benefits to soil quality and soil carbon sequestration.
Perennial crops, and the use of corn stover and wheat straw, would
shift away from conventional tillage to no tillage practices. This
shifting of tillage practices on an estimated 11 million acres would
conserve approximately 40 million tons of soil each year over that of
the No Action Alternative. As with Alternative 1, the biological
diversity of the soil would also increase. As with Alternative 1, the
use of BMPs would further reduce the potential for soil loss. Provided
established conservation standards, provisions and guidelines are
implemented, Alternative 2 would have no significant negative impact on
soil resources.
Water Quality and Quantity
The direct and indirect impacts to water quality under Alternative
2 would be similar to those described in Alternative 1. However, as the
amount of acreage converted from traditional crops to perennial crops
increases, the benefits to both water quality and quantity increase.
The same mitigation methods described in Alternative 1 would reduce
potential impacts to water quality. Adherence to established
conservation standards, provisions, and guidelines ensures Alternative
2 would have no significant negative impact on water quality.
Recreation
Under Alternative 2 there could be localized positive or negative
impacts on wildlife habitat, but they are expected to be small due to
the relatively small amount of land converted to energy crops. The
impacts to recreation involving wildlife are expected to be small
locally and also not significant at the regional or national level.
Mitigation Measures and Best Management Practices
In addition to the required BCAP conservation and/or forest
stewardship plan (or the equivalent), all project sponsors and
producers must follow all environmental rules and regulations as
required through participation in other USDA programs. Each project
proposal will be subject to NEPA analysis prior to approval. A BCAP
Environmental Screening worksheet must be completed for each contract
offer. This worksheet would provide the necessary environmental
information to FSA so they can accurately and expeditiously complete an
environmental evaluation, consistent with FSA's regulations on
environmental quality found at 7 CFR part 799, for enrollment of a
particular site in BCAP. This worksheet can also be used in conjunction
with the BCAP conservation and/or forest stewardship plan (or the
equivalent) to develop methods/activities that could mitigate any
potential minor site specific environmental effects for individual
producers applying to the program while still meeting the overarching
goal of BCAP and NEPA. Prior to execution of the BCAP Project Area
contract, NRCS or an authorized technical service provider (TSP) would
complete a site-specific environmental evaluation that would reveal any
protected resources on or adjacent to the proposed program lands. When
sensitive resources, such as nesting birds, wetlands or cultural
resources are present or in the vicinity of the proposed lands,
consultation with the appropriate regulatory agency would occur.
Specific mitigation measures necessary to reduce or eliminate the
potential localized negative impacts to those sensitive resources would
be identified. If the environmental evaluation concludes that species
or critical habitat protected under ESA are potentially present, and
the proposed conservation activity on the land is determined to have
negative impacts and no alternatives exist, it is not likely the land
would be eligible for that activity. Any mitigation measures and
practices approved through conservation planning would be periodically
monitored by USDA to determine the success and compliance with those
measures.
If through completion of the environmental evaluation, it is
determined that there is no potential for the proposed BCAP activity to
significantly impact the quality of the human environment, the
environmental evaluation serves as FSA's documented compliance with
NEPA as well as the requirements of other environmental laws,
regulations, and Executive Orders (EOs).
However, if after completion of the environmental evaluation it is
determined that protected resources could potentially be adversely
impacted, consistent with FSA's internal guidance, then no further
action can occur until the BCAP applicant completes an EA. EAs would be
required when the results of the environmental evaluation are unclear
as to whether the proposed activities would significantly impact the
quality of the human environment.
If the EA determines that there could be a significant effect on
the quality of the human environment then a proposed BCAP project area
or site specific EIS could be necessary. These EISs and all EAs would
be tiered to this PEIS consistent with 40 CFR 1508.28.
Socioeconomics and Land Use Effects
To mitigate the socioeconomic effects of BCAP, the final rule
provides that the eligibility for payment of vegetative wastes, such as
wood wastes and wood residues, collected or harvested from both public
and private lands will be limited to only those that would not
otherwise be used for a higher-value product. This specifically
excludes wood wastes and residues derived from mill residues or other
production processes that create residual by-products that are
typically used as inputs for higher value-added production.
Additionally, industrial or other process wastes or by-products, such
as black liquor or pulp liquor that is a waste by-product of the pulp
and kraft paper manufacturing process, would not be included in the
definition of biobased products because they are not significantly
composed of organic or biological products collected or harvested from
land. The final rule also continues the exclusion of commercially-
produced timber, lumber, wood, or other finished products that
[[Page 66003]]
otherwise would be used for higher value products. Also, urban wood
wastes have been excluded as specified in the 2008 Farm Bill.
Biological Resources
As specified in the 2008 Farm Bill, a conservation plan or forestry
stewardship plan (or equivalent plan) is a fundamental component for
ensuring appropriate and sustainable agricultural practices for
specific programs. Consistent with accepted BMPs (for example, for CRP
and associated programs), a BCAP conservation plan or forest
stewardship plan (or the equivalent) that includes appropriate
conservation practice standards and sustainable agriculture practices
must be developed before implementation to reduce the negative impacts
to biological resources. Dedicated energy crops should be chosen based
on local ecosystem characteristics to minimize potential disturbance to
native wildlife species and vegetation by providing habitats comparable
to those found in natural habitats. Sustainable agricultural techniques
should be used, if possible, to reduce negative impacts to biological
resources. Specific county Natural Resources Conservation Service
(NRCS) conservation practice standards, as well as State or county
specific technical notes and specific guidance on mitigation measures,
should be incorporated in the conservation plan and forest stewardship
plan or equivalent. Applicable NRCS conservation practice standards
should be followed on lands where conserving wildlife species is an
objective of the landowner or forest stewardship plan. Site-specific
environmental evaluation on the project site in conjunction with either
informal or formal consultation with the appropriate USFWS office would
protect species included on the endangered species list. Use of BMPs
such as washing vehicles upon leaving and entering a work area would
minimize the potential to spread invasive or noxious plant species.
Other eligible crops, such as animal wastes, food and yard wastes,
and algae, have site-specific requirements in regards to potential for
environmental effects. To lessen potential effects associated with
animal wastes, appropriate guidance from State and Federal regulatory
agencies concerning confined animal feeding operation practices and
standard industry practices associated with animal production should be
followed to ensure that collection of materials does not adversely
impact localized vegetation and wildlife resources through secondary
effects associated with water and air quality.
Air Quality
BMPs associated with dedicated energy crop production include the
use of limited and no tillage components, which decrease the potential
for fugitive dust emissions associated with exposed ground cover. Also,
all producers would follow local air quality regulations, which may
define other BMPs associated with agricultural activities, including
transportation and chemical usage.
Soil Resources
BMPs associated with dedicated energy crop production include the
use of limited and no tillage components which decreases exposed ground
cover and allows for greater retention of topsoil through perennial
root systems. Other eligible crops, such as animal wastes, food and
yard wastes, and algae, have site specific requirements in regards to
potential for environmental effects. To lessen potential effects
associated with animal wastes, appropriate guidance from State and
Federal regulatory agencies concerning confined animal feeding
operation practices and standard industry practices associated with
animal production should be followed to ensure that collection of
materials does not adversely impact soil resources through secondary
effects associated with water and air quality.
Water Quality and Quantity
Algae production, due to the specialized nature of the
demonstration practices currently in effect, should move to minimize
the use of potable water supplies, where feasible, to reduce effects on
water consumption. BMPs for dedicated energy crop production that
reduce the amount of agricultural chemicals used for production would
benefit water quality through reduced transport in runoff. Also, the
use of limited or no tillage cropping systems reduces the potential
transported sediments by leaving ground cover on site and through the
stability associated with perennial root systems. Agricultural
irrigation systems are generally becoming more efficient, allowing for
an overall reduction in irrigated water uses, and the inclusion of more
dedicated energy crops with lower water demands and higher water use
efficiencies would benefit water quantity by reducing the levels
necessary for production.
Recreation
Given the site specific nature of the BCAP project areas and the
practices best suited to those conditions, effects to the abundance of
wildlife for both consumptive and non-consumptive uses would vary.
Practices that encourage more foraging habitat for game species could
induce changes in relation to decreased traditional row crop fields;
however, changes to pasture of hayland could indicate small adverse
effects. As such, operators should be encouraged to comply with the
goals for wildlife habitat enhancements associated with the
conservation plans and forest stewardship plans, at the recommendation
of the technical advisors (that is, NRCS and U.S. Forest Service).
Cumulative Effects--Socioeconomics and Land Use Effects
Cumulative effects to socioeconomic conditions and land use would
be highly dependent upon the location of the BCAP project areas and
level of funding; however, overall the benefits associated with the
establishment and production of dedicated energy crops should outweigh
the losses associated with the land use shifts from traditional row
crops. With limited funding, BCAP projects areas would be few and would
be anticipated to provide local positive effects to the socioeconomic
conditions from the conversion to dedicated energy crops; however, the
effects would be balanced through the losses associated with input
suppliers for traditional crops under Alternative 1. The limited
funding assumption and the county acreage limitation would not induce
national level changes in agricultural prices.
Under Alt