Notice of Availability of the Final Environmental Impact Statement for a Proposed Federal Loan Guarantee To Support Construction and Start-up of the Topaz Solar Farm, San Luis Obispo County, CA, 50477-50479 [2011-20662]
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Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Notices
surplus energy purchased from electric
utilities, Federal power marketing
agencies, and other entities within the
United States. The existing international
transmission facilities to be utilized by
Glacial have previously been authorized
by Presidential permits issued pursuant
to Executive Order 10485, as amended,
and are appropriate for open access
transmission by third parties.
Procedural Matters: Any person
desiring to be heard in this proceeding
should file a comment or protest to the
application at the address provided
above. Protests should be filed in
accordance with Rule 211 of the Federal
Energy Regulatory Commission’s (FERC)
Rules of Practice and Procedures (18
CFR 385.211). Any person desiring to
become a party to these proceedings
should file a motion to intervene at the
above address in accordance with FERC
Rule 214 (385.214). Fifteen copies of
each comment, protest, or motion to
intervene should be filed with DOE on
or before the date listed above.
Comments on the Glacial application
to export electric energy to Mexico
should be clearly marked with Docket
No. EA–382. An additional copy is to be
filed directly with Michael B. Giery,
Senior Corporate Counsel, 5326 Yacht
Haven Grande #36, St. Thomas, VI
00802. A final decision will be made on
this application after the environmental
impacts have been evaluated pursuant
to DOE’s National Environmental Policy
Act Implementing Procedures (10 CFR
part 1021) and a determination is made
by DOE that the proposed action will
not have an adverse impact on the
reliability of the U.S. electric power
supply system.
Copies of this application will be
made available, upon request, for public
inspection and copying at the address
provided above, by accessing the
program Web site at https://www.oe.
energy.gov/permits_pending.htm, or by
e-mailing Odessa Hopkins at
Odessa.hopkins@hq.doe.gov.
srobinson on DSK4SPTVN1PROD with NOTICES
Issued in Washington, DC, on August 9,
2011.
Anthony J. Como,
Director, Permitting and Siting, Office of
Electricity Delivery and Energy Reliability.
[FR Doc. 2011–20661 Filed 8–12–11; 8:45 am]
BILLING CODE 6450–01–P
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DEPARTMENT OF ENERGY
[DOE/EIS–0458]
Notice of Availability of the Final
Environmental Impact Statement for a
Proposed Federal Loan Guarantee To
Support Construction and Start-up of
the Topaz Solar Farm, San Luis Obispo
County, CA
U.S. Department of Energy.
Notice of Availability of the
Final Environmental Impact Statement.
AGENCY:
ACTION:
The U.S. Department of
Energy (DOE) announces the availability
of the Final Environmental Impact
Statement for the DOE Loan Guarantee
to Royal Bank of Scotland for
Construction and Startup of the Topaz
Solar Farm, San Luis Obispo County,
California (DOE/EIS–0458) (Final EIS).
The Final EIS, prepared under the
National Environmental Policy Act
(NEPA), analyzes the potential
environmental impacts of the DOE’s
proposed action of issuing a Federal
loan guarantee to support construction
and start-up of the Topaz Solar Farm
Project located in San Luis Obispo
County, California (Proposed Project).
The Proposed Project is a nominal 550megawatt solar power generating facility
based on photovoltaic (PV) technology
on approximately 3,500 acres of private
land in San Luis Obispo County,
California. DOE considered all
comments received in preparing the EIS
and incorporated both the comments
and DOE’s responses in the Final EIS.
DATES: DOE will publish a Record of
Decision no sooner than 30 days after
publication of EPA’s Notice of
Availability in the Federal Register.
FOR FURTHER INFORMATION CONTACT: To
obtain additional information about this
EIS, or to receive a copy of the Final
EIS, contact Angela Colamaria by
telephone: 202–287–5387; toll-free
number: 800–832–0885 ext. 75387; or
electronic mail:
Angela.Colamaria@hq.doe.gov. For
general information on the DOE NEPA
process, please contact: Ms. Carol M.
Borgstrom, Director, Office of NEPA
Policy and Compliance (GC–54), U.S.
Department of Energy, 1000
Independence Avenue, SW.,
Washington, DC 20585; telephone: 202–
586–4600; facsimile: 202–586–7031;
electronic mail: askNEPA@hq.doe.gov;
or leave a toll-free message at 800–472–
2756.
SUPPLEMENTARY INFORMATION: Title XVII
of Energy Policy Act 2005 (EPAct)
established a Federal loan guarantee
program for eligible energy projects, and
was amended by the American Recovery
SUMMARY:
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50477
and Reinvestment Act of 2009 to create
Section 1705 of Title XVII (42 U.S.C.
16516), authorizing a new program for
rapid deployment of renewable energy
projects and related manufacturing
facilities, electric power transmission
projects, and leading edge biofuels
projects. The Section 1705 Program is
designed to address the current
economic conditions of the nation, in
part, through financing such projects.
The Royal Bank of Scotland plc, as
Lender-Applicant, with Topaz Solar
Farms, LLC (Topaz) as the borrower,
applied to DOE for a federal loan
guarantee under the Solicitation
entitled, ‘‘Federal Loan Guarantees for
Commercial Technology Renewable
Energy Generation Projects under the
Financial Institution Partnership
Program’’ (Solicitation No. DE–FOA–
0000166), issued on October 7, 2009.
The purpose and need for action by
DOE is to comply with its mandate
under EPAct 2005 by selecting eligible
projects that meet the goals of the
Section 1705 Program, as summarized
above. The EIS informs DOE’s decision
on whether to issue a loan guarantee to
support the Proposed Project. DOE’s
proposed action is to issue a loan
guarantee to support construction and
startup of the Topaz Solar Farm
(Proposed Project). The Proposed
Project would be located in an
unincorporated portion of eastern San
Luis Obispo County, California, adjacent
to Highway 58 and east of Bitterwater
Road. Topaz has options to purchase
approximately 10,000 acres of land in
the project area. The Proposed Project
would be developed on approximately
3,500 acres of private land.
The Proposed Project would consist
of: a solar field of approximately nine
million ground-mounted PV modules,
within up to 460 PV arrays, that collect
solar radiation to produce electricity; an
electrical collection system that
converts generated power from direct
current (DC) to alternating current (AC)
and delivers it to a new Project
substation which collects and converts
the generated power from 34.5 kV to 230
kV for delivery via a new Pacific Gas
and Electric (PG&E) switching station to
PG&E’s existing Morro Bay-Midway
230–kV transmission line which runs in
an east-to-west direction through the
site and portions of Kern County; and
the aforementioned PG&E switching
station that interconnects the Proposed
Project to PG&E’s existing transmission
line. After construction, PG&E would
own and operate the switching station.
As part of the Proposed Project, Topaz
would construct and operate a
Monitoring and Maintenance Facility,
and may also construct a Solar Energy
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50478
Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Notices
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Learning Center within the Proposed
Project’s site boundary. The Proposed
Project would also include up to 22
miles of on-site access roads as well as
leach field and septic systems for the
facilities listed above.
Generated electricity would be sold to
PG&E under a long-term power
purchase agreement. Topaz has
interconnection agreements in place for
the first 400 MW of Project capacity.
The California Independent System
Operator has determined that network
upgrades would be required to
accommodate the Proposed Project’s
remaining 150 MW, as well as other
generation projects in the region.
Network upgrades could include the
reconductoring of 35 miles of the 230–
kV transmission lines between the new
PG&E switching station and the Midway
Substation. Such upgrades would
extend the height of every other existing
tower by 20 feet, but would not
introduce a new structure.
Alternatives
In determining the range of reasonable
alternatives to be considered in the EIS
for the Proposed Project, DOE identified
the reasonable alternatives that would
satisfy the underlying purpose and need
for agency action. Rather than being
directly responsible for the siting,
construction, and operation of
respective projects selected in response
to solicitations under EPAct 2005,
DOE’s actions are limited to
guaranteeing the debt obligation for the
project. Therefore, DOE’s overall
decision will be to either provide a loan
guarantee for the Proposed Project or to
decline to provide a loan guarantee (i.e.,
the No Action Alternative, as discussed
below). The potential environmental
impacts of a No Action alternative, as
well as two project-specific alternatives,
are analyzed in the EIS. The projectspecific alternatives include alternate
configurations for the solar arrays.
Within the Proposed Project site,
Topaz identified two Study Areas
(Study Area A and Study Area B) that
would be suitable for the Proposed
Project and that were evaluated in the
Draft EIS (Project-Specific Alternative A
and Project-Specific Alternative B). In
the Final EIS, DOE revised the analysis
to include a County-approved project
layout located wholly within Project
Specific Alternative A (Study Area A)
and to identify a Preferred Alternative.
Council on Environmental Quality
(CEQ) implementing regulations require
a lead agency to identify a Preferred
Alternative in the Final EIS unless
another law prohibits the expression of
such a preference (40 CFR 1502.14[e]).
DOE’s Preferred Alternative is to issue
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a loan guarantee for Alternative A with
County-Approved Project Layout
(termed Alternative 3B.1 in the San Luis
Obispo County Final EIR and approved
by the County of San Luis Obispo
Planning through its conditional use
permit process). Alternative A with
County-Approved Project Layout
involves a project layout that is
contained within Study Area A.
Alternative A with County-Approved
Project Layout would involve a solar
facility with a footprint of 3,500 acres,
approximately 600 acres less than the
development site analyzed under
Alternative A in the Draft EIS. While the
County approved a PV solar facility
within the Alternative A footprint,
Alternative B is retained for continuity
between the Draft and Final EIS.
Under the No Action Alternative,
DOE would not provide the loan
guarantee to Topaz. Although Topaz
may still pursue the Project without the
loan guarantee, as defined above, for
purposes of the EIS analysis, it is
assumed that the No Action Alternative
would result in no Project or in a no
build scenario.
Floodplain Assessment
In the October 22, 2010 Notice of
Intent to Prepare an Environmental
Impact Statement (75 FR 65306), DOE
provided notice of a proposed DOE
action in a floodplain pursuant to DOE
Floodplain and Wetland Environmental
Review Requirements (10 CFR Part
1022). Overhead electrical lines would
need to cross 100-year floodplains
(unnamed drainages within the Carrizo
Plain, northwest of Soda Lake). Since
some of the floodplains on the project
site are greater than 200 feet wide and
posts are needed every 200 feet to
support overhead lines, the installation
of posts within the floodplain is
anticipated. DOE has prepared a
floodplain assessment as required by
DOE regulations. The floodplain
assessment is incorporated into the
Draft EIS and Final EIS, and the
Floodplain Statement of Findings will
be included in the Record of Decision
for the Proposed Project.
Scope of Final EIS and Environmental
Review Process
The DOE prepared this Final EIS
pursuant to the National Environmental
Policy Act of 1969, as amended (NEPA),
the CEQ NEPA regulations, and the DOE
NEPA implementing procedures. The
Final EIS analyzes the environmental
consequences that may result from the
Proposed Action, including the projectspecific alternatives, the Preferred
Alternative, and the No Action
Alternative. Because the Proposed
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Project may affect listed species under
the Endangered Species Act (ESA), DOE
consulted with the U.S. Department of
the Interior’s Fish and Wildlife Service
(USFWS) under Section 7 of the ESA.
Consultation with USFWS resulted in a
Biological Opinion for the Proposed
Project that is included in the Final EIS.
The Proposed Project site would affect
waters subject to the jurisdiction of the
U.S. Army Corps of Engineers (USACE);
therefore the Proposed Project will
require a Clean Water Act (CWA)
Section 404 Permit. As a result, USACE
has participated as a cooperating agency
in the preparation of this Final EIS.
USACE will issue a separate decision
document on the CWA Section 404
Permit for the Proposed Project that will
incorporate the environmental analyses
from this EIS.
The DOE has used the NEPA public
comment process to satisfy the public
involvement requirements of Section
106 of the National Historic
Preservation Act (16 U.S.C. 470f) as
provided for in 36 CFR 800.2(d)(3). DOE
invited Federally-recognized American
Indian Tribes that have historic interests
in the area to also participate in
government-to-government consultation
regarding the Proposed Project. In
addition to these Federally-recognized
tribes, the California Native American
Heritage Commission provided DOE
with a Native American contacts list in
the project area. DOE contacted parties
on the list to solicit concerns or
comments on the Proposed Project. The
outcome of Section 106 consultation
with Federally-recognized American
Indian Tribes and other consulting
parties is included in the Final EIS.
Public Comment Period
Copies of the Draft EIS were
distributed to Members of Congress;
Native American Tribal governments,
Federal, State, and local officials; and
agencies, organizations and individuals
who may be interested or affected by the
Proposed Project. The public comment
period was open from March 25, 2011
through May 9, 2011, and a public
hearing was held in Santa Margarita,
CA, on April 13, 2011. DOE considered
all comments received during the
comment period during the preparation
of this Final EIS, and the Final EIS
contains revisions and new information
based in part on these comments. The
comments and DOE’s responses to these
comments are included in the Final EIS.
Availability of the Final EIS: The
Final EIS is available on the Department
of Energy’s NEPA Web site at https://
nepa.energy.gov under ‘‘DOE NEPA
Documents’’ and on the Loan Program
Office’s Web site at https://
E:\FR\FM\15AUN1.SGM
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Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Notices
www.lgprogram.energy.gov/
NEPA_EIS.html. Copies of the Final EIS
are also available for review at the
Simmler Public Library/California
Valley Community Service District;
13080 Soda Lake Road; California
Valley, CA 93453 and the San Luis
Obispo County Department of Planning
and Building; 976 Osos St. Room 300;
San Luis Obispo, CA 93408.
Issued in Washington, DC on August 9,
2011.
Jonathan M. Silver,
Executive Director, Loan Programs Office.
[FR Doc. 2011–20662 Filed 8–12–11; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2010–0911; FRL–9451–5]
Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Lead-Based Paint PreRenovation Information Dissemination
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.), this document announces
that the following Information
Collection Request (ICR) has been
forwarded to the Office of Management
and Budget (OMB) for review and
approval: Lead-Based Paint PreRenovation Information
Dissemination—TSCA Sec. 406(b); EPA
ICR No. 1669.06, OMB No. 2070–0158.
The ICR, which is abstracted below,
describes the nature of the information
collection activity and its expected
burden and costs.
DATES: Additional comments may be
submitted on or before September 14,
2011.
SUMMARY:
Submit your comments,
referencing Docket ID Number EPA–
HQ–OPPT–2010–0911 to (1) EPA online
using https://www.regulations.gov (our
preferred method), by e-mail to
oppt.ncic@epa.gov or by mail to:
Document Control Office (DCO), Office
of Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, Mail Code: 7407T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460, and (2) OMB at: Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB), Attention: Desk Officer for EPA,
725 17th Street, NW., Washington, DC
20503.
srobinson on DSK4SPTVN1PROD with NOTICES
ADDRESSES:
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FOR FURTHER INFORMATION CONTACT:
Pamela Myrick, Acting Director,
Environmental Assistance Division,
Office of Pollution Prevention and
Toxics, Environmental Protection
Agency, Mail code: 7408–M, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: 202–554–
1404; e-mail address: TSCAHotline@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has
submitted the following ICR to OMB for
review and approval according to the
procedures prescribed in 5 CFR 1320.12.
On April 13, 2011 (76 FR 20659), EPA
sought comments on this renewal ICR.
EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA
received no comments during the
comment period. Any comments related
to this ICR should be submitted to EPA
and OMB within 30 days of this notice.
EPA has established a public docket
for this ICR under Docket ID No. EPA
EPA–HQ–OPPT–2010–0911, which is
available for online viewing at https://
www.regulations.gov, or in person
inspection at the OPPT Docket in the
EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA
Docket Center Public Reading Room is
open from 8 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Reading Room is 202–566–1744, and the
telephone number for the Pollution
Prevention and Toxics Docket is 202–
566–0280. Use https://
www.regulations.gov to submit or view
public comments, access the index
listing of the contents of the public
docket, and to access those documents
in the public docket that are available
electronically. Once in the system,
select ‘‘search,’’ then key in the docket
ID number identified above.
EPA’s policy is that public comments,
whether submitted electronically or in
paper, will be made available for public
viewing in https://www.regulations.gov
as EPA receives them and without
change, unless the comment contains
copyrighted material, confidential
business information (CBI), or other
information whose public disclosure is
restricted by statute. When EPA
identifies a comment containing
copyrighted material, EPA will provide
a reference to that material in the
version of the comment that is placed in
https://www.regulations.gov. The entire
printed comment, including the
copyrighted material, will be available
in the public docket. Although
identified as an item in the official
docket, information claimed as CBI, or
whose disclosure is otherwise restricted
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50479
by statute, is not included in the official
public docket, and will not be available
for public viewing in https://
www.regulations.gov. For further
information about the electronic docket,
go to https://www.regulations.gov.
Title: Lead-Based Paint PreRenovation Information
Dissemination—TSCA Sec. 406(b).
ICR numbers: EPA ICR No. 1669.06,
OMB Control No. 2070–0158.
ICR Status: This is a request to renew
an existing approved collection. This
ICR is scheduled to expire on August
31, 2011. Under OMB regulations, the
Agency may continue to conduct or
sponsor the collection of information
while this submission is pending at
OMB.
Abstract: This information collection
involves third-party notification to
owners and occupants of housing that
will inform such individuals about the
dangers of lead-contaminated dust and
lead-based paint debris that are
sometimes generated during renovations
of housing where lead-based paint is
present, thereby aiding them in avoiding
potentially hazardous exposures and
protecting public health. Since young
children are especially susceptible to
the hazards of lead, owners and
occupants with children can take action
to protect their children from lead
poisonings. Section 406(b) of the Toxic
Substances Control Act (TSCA) requires
EPA to promulgate regulations requiring
certain persons who perform
renovations for compensation on target
housing to provide a lead hazard
information pamphlet (developed under
TSCA section 406(a)) to the owner and
occupants of such housing prior to
beginning the renovation. Further, the
firm performing the renovation must
keep records acknowledging receipt of
the pamphlet on file for three years after
completion of work. Those who fail to
provide the pamphlet or keep records as
required may be subject to both civil
and criminal sanctions.
Responses to the collection of
information are mandatory (see 40 CFR
745, Subpart E). Respondents may claim
all or part of a notice as CBI. EPA will
disclose information that is covered by
a CBI claim only to the extent permitted
by, and in accordance with, the
procedures in 40 CFR part 2.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in title 40
of the CFR, after appearing in the
Federal Register, are listed in 40 CFR
part 9 and included on the related
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]]>Agencies
[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Notices]
[Pages 50477-50479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20662]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[DOE/EIS-0458]
Notice of Availability of the Final Environmental Impact
Statement for a Proposed Federal Loan Guarantee To Support Construction
and Start-up of the Topaz Solar Farm, San Luis Obispo County, CA
AGENCY: U.S. Department of Energy.
ACTION: Notice of Availability of the Final Environmental Impact
Statement.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) announces the availability
of the Final Environmental Impact Statement for the DOE Loan Guarantee
to Royal Bank of Scotland for Construction and Startup of the Topaz
Solar Farm, San Luis Obispo County, California (DOE/EIS-0458) (Final
EIS). The Final EIS, prepared under the National Environmental Policy
Act (NEPA), analyzes the potential environmental impacts of the DOE's
proposed action of issuing a Federal loan guarantee to support
construction and start-up of the Topaz Solar Farm Project located in
San Luis Obispo County, California (Proposed Project). The Proposed
Project is a nominal 550-megawatt solar power generating facility based
on photovoltaic (PV) technology on approximately 3,500 acres of private
land in San Luis Obispo County, California. DOE considered all comments
received in preparing the EIS and incorporated both the comments and
DOE's responses in the Final EIS.
DATES: DOE will publish a Record of Decision no sooner than 30 days
after publication of EPA's Notice of Availability in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: To obtain additional information about
this EIS, or to receive a copy of the Final EIS, contact Angela
Colamaria by telephone: 202-287-5387; toll-free number: 800-832-0885
ext. 75387; or electronic mail: Angela.Colamaria@hq.doe.gov. For
general information on the DOE NEPA process, please contact: Ms. Carol
M. Borgstrom, Director, Office of NEPA Policy and Compliance (GC-54),
U.S. Department of Energy, 1000 Independence Avenue, SW., Washington,
DC 20585; telephone: 202-586-4600; facsimile: 202-586-7031; electronic
mail: askNEPA@hq.doe.gov; or leave a toll-free message at 800-472-2756.
SUPPLEMENTARY INFORMATION: Title XVII of Energy Policy Act 2005 (EPAct)
established a Federal loan guarantee program for eligible energy
projects, and was amended by the American Recovery and Reinvestment Act
of 2009 to create Section 1705 of Title XVII (42 U.S.C. 16516),
authorizing a new program for rapid deployment of renewable energy
projects and related manufacturing facilities, electric power
transmission projects, and leading edge biofuels projects. The Section
1705 Program is designed to address the current economic conditions of
the nation, in part, through financing such projects.
The Royal Bank of Scotland plc, as Lender-Applicant, with Topaz
Solar Farms, LLC (Topaz) as the borrower, applied to DOE for a federal
loan guarantee under the Solicitation entitled, ``Federal Loan
Guarantees for Commercial Technology Renewable Energy Generation
Projects under the Financial Institution Partnership Program''
(Solicitation No. DE-FOA-0000166), issued on October 7, 2009.
The purpose and need for action by DOE is to comply with its
mandate under EPAct 2005 by selecting eligible projects that meet the
goals of the Section 1705 Program, as summarized above. The EIS informs
DOE's decision on whether to issue a loan guarantee to support the
Proposed Project. DOE's proposed action is to issue a loan guarantee to
support construction and startup of the Topaz Solar Farm (Proposed
Project). The Proposed Project would be located in an unincorporated
portion of eastern San Luis Obispo County, California, adjacent to
Highway 58 and east of Bitterwater Road. Topaz has options to purchase
approximately 10,000 acres of land in the project area. The Proposed
Project would be developed on approximately 3,500 acres of private
land.
The Proposed Project would consist of: a solar field of
approximately nine million ground-mounted PV modules, within up to 460
PV arrays, that collect solar radiation to produce electricity; an
electrical collection system that converts generated power from direct
current (DC) to alternating current (AC) and delivers it to a new
Project substation which collects and converts the generated power from
34.5 kV to 230 kV for delivery via a new Pacific Gas and Electric
(PG&E) switching station to PG&E's existing Morro Bay-Midway 230-kV
transmission line which runs in an east-to-west direction through the
site and portions of Kern County; and the aforementioned PG&E switching
station that interconnects the Proposed Project to PG&E's existing
transmission line. After construction, PG&E would own and operate the
switching station. As part of the Proposed Project, Topaz would
construct and operate a Monitoring and Maintenance Facility, and may
also construct a Solar Energy
[[Page 50478]]
Learning Center within the Proposed Project's site boundary. The
Proposed Project would also include up to 22 miles of on-site access
roads as well as leach field and septic systems for the facilities
listed above.
Generated electricity would be sold to PG&E under a long-term power
purchase agreement. Topaz has interconnection agreements in place for
the first 400 MW of Project capacity. The California Independent System
Operator has determined that network upgrades would be required to
accommodate the Proposed Project's remaining 150 MW, as well as other
generation projects in the region. Network upgrades could include the
reconductoring of 35 miles of the 230-kV transmission lines between the
new PG&E switching station and the Midway Substation. Such upgrades
would extend the height of every other existing tower by 20 feet, but
would not introduce a new structure.
Alternatives
In determining the range of reasonable alternatives to be
considered in the EIS for the Proposed Project, DOE identified the
reasonable alternatives that would satisfy the underlying purpose and
need for agency action. Rather than being directly responsible for the
siting, construction, and operation of respective projects selected in
response to solicitations under EPAct 2005, DOE's actions are limited
to guaranteeing the debt obligation for the project. Therefore, DOE's
overall decision will be to either provide a loan guarantee for the
Proposed Project or to decline to provide a loan guarantee (i.e., the
No Action Alternative, as discussed below). The potential environmental
impacts of a No Action alternative, as well as two project-specific
alternatives, are analyzed in the EIS. The project-specific
alternatives include alternate configurations for the solar arrays.
Within the Proposed Project site, Topaz identified two Study Areas
(Study Area A and Study Area B) that would be suitable for the Proposed
Project and that were evaluated in the Draft EIS (Project-Specific
Alternative A and Project-Specific Alternative B). In the Final EIS,
DOE revised the analysis to include a County-approved project layout
located wholly within Project Specific Alternative A (Study Area A) and
to identify a Preferred Alternative. Council on Environmental Quality
(CEQ) implementing regulations require a lead agency to identify a
Preferred Alternative in the Final EIS unless another law prohibits the
expression of such a preference (40 CFR 1502.14[e]). DOE's Preferred
Alternative is to issue a loan guarantee for Alternative A with County-
Approved Project Layout (termed Alternative 3B.1 in the San Luis Obispo
County Final EIR and approved by the County of San Luis Obispo Planning
through its conditional use permit process). Alternative A with County-
Approved Project Layout involves a project layout that is contained
within Study Area A. Alternative A with County-Approved Project Layout
would involve a solar facility with a footprint of 3,500 acres,
approximately 600 acres less than the development site analyzed under
Alternative A in the Draft EIS. While the County approved a PV solar
facility within the Alternative A footprint, Alternative B is retained
for continuity between the Draft and Final EIS.
Under the No Action Alternative, DOE would not provide the loan
guarantee to Topaz. Although Topaz may still pursue the Project without
the loan guarantee, as defined above, for purposes of the EIS analysis,
it is assumed that the No Action Alternative would result in no Project
or in a no build scenario.
Floodplain Assessment
In the October 22, 2010 Notice of Intent to Prepare an
Environmental Impact Statement (75 FR 65306), DOE provided notice of a
proposed DOE action in a floodplain pursuant to DOE Floodplain and
Wetland Environmental Review Requirements (10 CFR Part 1022). Overhead
electrical lines would need to cross 100-year floodplains (unnamed
drainages within the Carrizo Plain, northwest of Soda Lake). Since some
of the floodplains on the project site are greater than 200 feet wide
and posts are needed every 200 feet to support overhead lines, the
installation of posts within the floodplain is anticipated. DOE has
prepared a floodplain assessment as required by DOE regulations. The
floodplain assessment is incorporated into the Draft EIS and Final EIS,
and the Floodplain Statement of Findings will be included in the Record
of Decision for the Proposed Project.
Scope of Final EIS and Environmental Review Process
The DOE prepared this Final EIS pursuant to the National
Environmental Policy Act of 1969, as amended (NEPA), the CEQ NEPA
regulations, and the DOE NEPA implementing procedures. The Final EIS
analyzes the environmental consequences that may result from the
Proposed Action, including the project-specific alternatives, the
Preferred Alternative, and the No Action Alternative. Because the
Proposed Project may affect listed species under the Endangered Species
Act (ESA), DOE consulted with the U.S. Department of the Interior's
Fish and Wildlife Service (USFWS) under Section 7 of the ESA.
Consultation with USFWS resulted in a Biological Opinion for the
Proposed Project that is included in the Final EIS.
The Proposed Project site would affect waters subject to the
jurisdiction of the U.S. Army Corps of Engineers (USACE); therefore the
Proposed Project will require a Clean Water Act (CWA) Section 404
Permit. As a result, USACE has participated as a cooperating agency in
the preparation of this Final EIS. USACE will issue a separate decision
document on the CWA Section 404 Permit for the Proposed Project that
will incorporate the environmental analyses from this EIS.
The DOE has used the NEPA public comment process to satisfy the
public involvement requirements of Section 106 of the National Historic
Preservation Act (16 U.S.C. 470f) as provided for in 36 CFR
800.2(d)(3). DOE invited Federally-recognized American Indian Tribes
that have historic interests in the area to also participate in
government-to-government consultation regarding the Proposed Project.
In addition to these Federally-recognized tribes, the California Native
American Heritage Commission provided DOE with a Native American
contacts list in the project area. DOE contacted parties on the list to
solicit concerns or comments on the Proposed Project. The outcome of
Section 106 consultation with Federally-recognized American Indian
Tribes and other consulting parties is included in the Final EIS.
Public Comment Period
Copies of the Draft EIS were distributed to Members of Congress;
Native American Tribal governments, Federal, State, and local
officials; and agencies, organizations and individuals who may be
interested or affected by the Proposed Project. The public comment
period was open from March 25, 2011 through May 9, 2011, and a public
hearing was held in Santa Margarita, CA, on April 13, 2011. DOE
considered all comments received during the comment period during the
preparation of this Final EIS, and the Final EIS contains revisions and
new information based in part on these comments. The comments and DOE's
responses to these comments are included in the Final EIS.
Availability of the Final EIS: The Final EIS is available on the
Department of Energy's NEPA Web site at https://nepa.energy.gov under
``DOE NEPA Documents'' and on the Loan Program Office's Web site at
https://
[[Page 50479]]
www.lgprogram.energy.gov/NEPA_EIS.html. Copies of the Final EIS are
also available for review at the Simmler Public Library/California
Valley Community Service District; 13080 Soda Lake Road; California
Valley, CA 93453 and the San Luis Obispo County Department of Planning
and Building; 976 Osos St. Room 300; San Luis Obispo, CA 93408.
Issued in Washington, DC on August 9, 2011.
Jonathan M. Silver,
Executive Director, Loan Programs Office.
[FR Doc. 2011-20662 Filed 8-12-11; 8:45 am]
BILLING CODE 6450-01-P
