Department of Energy May 29, 2008 – Federal Register Recent Federal Regulation Documents

In Executive Order 13212, Actions to Expedite Energy-Related Projects, the President ordered that executive departments and agencies take appropriate actions ``to expedite projects that will increase the production, transmission, or conservation of energy.'' In addition, Title II, Section 211, of the Energy Policy Act of 2005 (Pub. L. 109- 58) provides that the Secretary of the Interior (the Secretary) should, within 10 years of enactment of the Act, ``* * * seek to have approved non-hydropower renewable energy projects located on the public lands with a generation capacity of at least 10,000 megawatts of electricity.'' DOE and BLM (the Agencies) have identified utility-scale solar energy development as a potentially critical component in meeting these mandates. Utility-scale solar energy projects generate electricity that is distributed to consumers through the electric power transmission grid. The Agencies have determined that specific actions should be taken to further such energy development. The Agencies are considering the development and implementation of agency-specific programs that would establish environmental policies and mitigation strategies (e.g., best management practices and siting criteria) related to solar energy development in six western states (Arizona, California, Colorado, New Mexico, Nevada, and Utah). DOE proposes to develop a solar energy program of environmental policies and mitigation strategies that would apply to the deployment of DOE supported solar energy projects on BLM-administered lands or other Federal, State, tribal, or private lands. The BLM would establish its own environmental policies and mitigation strategies to use when making decisions on whether to issue rights-of-way for utility-scale solar energy development projects on public lands administered by the BLM. The Agencies have determined that a programmatic environmental impact statement (PEIS) under the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) is appropriate for the establishment of specific agency-wide solar energy programs and additional related policy. The Agencies are issuing this Notice of Intent to inform the public about the proposed actions; announce plans to conduct eight public scoping meetings; invite public participation in the scoping process; and solicit public comments for consideration in establishing the scope and content of the PEIS, alternatives, and environmental issues and impacts. The Agencies will prepare the PEIS in accordance with NEPA; the Council on Environmental Quality regulations (40 CFR Parts 1500-1508); the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701, et seq.) DOE's NEPA regulations, 10 CFR Part 1021; and BLM's planning regulations, 43 CFR Part 1600.