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]

Download as PDF 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 VerDate Mar<15>2010 16:05 Aug 12, 2011 Jkt 223001 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: PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 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 E:\FR\FM\15AUN1.SGM 15AUN1 50478 Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Notices srobinson on DSK4SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 16:05 Aug 12, 2011 Jkt 223001 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 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 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 15AUN1 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: VerDate Mar<15>2010 16:05 Aug 12, 2011 Jkt 223001 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 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 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 E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

DEPARTMENT OF ENERGY

[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]


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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

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

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