Notice2022-26659
Notice of Intent To Prepare a Programmatic Environmental Impact Statement To Evaluate Utility-Scale Solar Energy Planning and Amend Resource Management Plans for Renewable Energy Development
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Published
December 8, 2022
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) intends to prepare resource management plan (RMP) amendments with an associated programmatic environmental impact statement (EIS) for the BLM's utility-scale solar energy planning and by this notice is announcing the beginning of the scoping period to solicit public comments and identify issues and is providing the planning criteria for public review.
Full Text
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<title>Federal Register, Volume 87 Issue 235 (Thursday, December 8, 2022)</title>
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[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75284-75287]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26659]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLHQ330000.L1340000. PQ0000.234]
Notice of Intent To Prepare a Programmatic Environmental Impact
Statement To Evaluate Utility-Scale Solar Energy Planning and Amend
Resource Management Plans for Renewable Energy Development
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent.
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SUMMARY: In compliance with the National Environmental Policy Act of
1969, as amended (NEPA), and the Federal Land Policy and Management Act
of 1976, as amended, the Bureau of Land Management (BLM) intends to
prepare resource management plan (RMP) amendments with an associated
programmatic environmental impact statement (EIS) for the BLM's
utility-scale solar energy planning and by this notice is announcing
the beginning of the scoping period to solicit public comments and
identify issues and is providing the planning criteria for public
review.
DATES: The BLM requests that the public submit comments concerning the
scope of the analysis, potential alternatives, and identification of
relevant information, and studies by February 6, 2023. To afford the
BLM the opportunity to consider comments in the Draft programmatic EIS/
RMP amendments, please ensure your comments are received prior to the
close of the 60-day scoping period or 15 days after the last public
meeting, whichever is later.
ADDRESSES: You may submit comments on issues and planning criteria
related to the programmatic EIS for renewable energy development in
Western States RMP amendments by the following methods:
<bullet> Website: <a href="https://eplanning.blm.gov/eplanning-ui/admin/project/2022371/510">https://eplanning.blm.gov/eplanning-ui/admin/project/2022371/510</a>. This is the preferred method of commenting.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#80f3efece1f2c0e2ecedaee7eff6"><span class="__cf_email__" data-cfemail="88fbe7e4e9fac8eae4e5a6efe7fe">[email protected]</span></a>.
<bullet> Mail: Solar Energy PEIS Scoping, 1849 C Street NW,
Washington, DC 20006.
The BLM will hold two virtual and 12 in-person public scoping
meetings at the following locations:
<bullet> Phoenix, Arizona;
<bullet> Sacramento, California;
<bullet> Grand Junction, Colorado;
<bullet> Washington, DC;
<bullet> Boise, Idaho;
<bullet> Billings, Montana;
<bullet> Albuquerque, New Mexico;
<bullet> Reno, Nevada;
<bullet> Bend, Oregon;
<bullet> Salt Lake City, Utah;
<bullet> Spokane, Washington; and
<bullet> Cheyenne, Wyoming;
The specific dates and locations of these scoping meetings will be
announced through the local media and the project website listed above.
FOR FURTHER INFORMATION CONTACT: Jeremy Bluma, Acting Division Chief,
National Renewable Energy Coordination Office (NRECO), BLM
Headquarters, <a href="/cdn-cgi/l/email-protection#cda7afa1b8a0ac8dafa1a0e3aaa2bb"><span class="__cf_email__" data-cfemail="9bf1f9f7eef6fadbf9f7f6b5fcf4ed">[email protected]</span></a> or (208) 789-6014. Individuals in the
United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services for contacting Mr. Bluma. Individuals
outside the United States should use the relay services offered within
their country to make
[[Page 75285]]
international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: Through this notice, the BLM announces its
intention to initiate a programmatic EIS for renewable energy
development in Western States and associated RMP amendments, as
appropriate. The programmatic EIS will predominately evaluate the
environmental effects of potential modifications to improve and expand
the BLM's utility-scale solar energy planning and may involve land use
allocation modifications related to other renewable energy development
types, such as wind energy. The BLM is issuing this Notice of Intent to
inform the public about the proposed actions; announce plans to conduct
14 public scoping meetings; invite public participation in the scoping
process; solicit public comments for consideration in establishing the
scope and content of the programmatic EIS and alternatives; and
identify potential environmental issues. The BLM will consult with
Indian Tribal Nations on a government-to-government basis as described
in the Additional Information section of this notice.
Background Information
In October of 2012, the BLM signed the Western Solar Plan Record of
Decision (Western Solar Plan) implementing solar energy policies,
procedures, and land use plan amendments related to permitting of solar
energy developments on public lands in six Southwestern States
(Arizona, California, Colorado, Nevada, New Mexico, and Utah). The
Western Solar Plan played a large part in establishing a more
comprehensive solar energy program within the bureau through
authorization policies, procedures, and design features applicable to
all utility-scale solar energy development on BLM-administered lands
across the six-state area. It identified categories of lands to be
excluded from utility-scale solar energy development and specific
locations well suited for utility-scale production of solar energy
where the BLM prioritizes development (i.e., solar energy zones or
SEZs). The Western Solar Plan also allowed for consideration of
utility-scale solar development proposals on lands outside of SEZs in
accordance with procedures in the variance process established by the
plan and decisions. It also established certain programmatic design
features for utility-scale solar energy development on BLM-administered
lands. The Western Solar Plan amended the land use plans in the six-
state study area to reflect the identification of excluded lands and
variance lands and the designation of SEZs. The designation of SEZs was
based on consideration of a variety of solar generation technologies,
including concentrated solar technology, which generally requires
substantially flat areas with high levels of direct sunlight.
Purpose and Need for the Proposed Action
Updating the BLM's solar energy planning would advance the goals of
recent Executive Order 14008 and the Energy Act of 2020. In Executive
Order 14008, Tackling the Climate Crisis at Home and Abroad, the
President ordered the Secretary of the Interior (Secretary) to ``review
siting and permitting processes on public lands'' with a goal of
increasing ``renewable energy production on those lands . . . while
ensuring robust protection for our lands, waters, and biodiversity and
creating good jobs.'' The Energy Act of 2020 directs the Secretary to
``seek to issue permits that, in total, authorize production of not
less than 25 gigawatts of electricity from wind, solar, and geothermal
energy projects by not later than 2025, through management of public
lands and administration of Federal laws.'' 43 U.S.C. 3004(b).
In the 10 years since the Western Solar Plan was issued, the BLM
has recognized that updating and expanding the Solar Energy Program
would be appropriate to advance current and future renewable energy
goals and to support conservation and climate priorities. The 2012
Western Solar Plan facilitated solar development applications for
locations within the public lands where the landscape was generally
flat, direct sunlight was ample, and high-value resources would not be
significantly impacted. Due to technological advancements and reduced
costs in photovoltaic systems, the BLM has received continued interest
from photovoltaic solar developers in locations that were allocated as
exclusion areas, under the Western Solar Plan, based on exclusion
criteria for slope or solar insolation values. The purpose of this
programmatic EIS and associated RMP amendments is to focus the BLM's
utility-scale solar energy planning on resource management on BLM-
administered lands rather than specifying technology-based criteria for
solar development on public lands; expand the Program to additional
states; increase opportunities for responsible renewable energy
development in priority and variance areas; and develop appropriate
criteria to exclude high-value resource areas from renewable energy
development. The programmatic EIS will also consider and adjust policy
or procedural elements of how the bureau planning for utility-scale
solar energy development on BLM-administered lands where appropriate.
Preliminary Alternatives
The draft programmatic EIS will analyze a suite of potential
modifications and updates to the Western Solar Plan to be fully
developed after considering input received during the scoping period.
The BLM will develop and analyze alternatives that will include a
range of proposed modifications and updates to some or all of the
aspects of the BLM's solar energy planning summarized below. The BLM
has not yet selected a preferred alternative for any aspect of the
programmatic EIS.
Study Area: The Western Solar Plan was limited to six Western
States (Arizona, California, Colorado, New Mexico, Nevada, and Utah)
based on initial resource assessments showing those states encompassed
the most prospective solar energy resources suitable for utility-scale
development over the next 20 years as of 2012. Advancements in
technology, updated resource information, and shifts in energy market
economics have resulted in the need for an updated assessment for
renewable energy planning. Additional Western States appear to have
available solar energy resources on public lands that would be suitable
for development in the coming decades. The BLM intends that at least
one proposed alternative in the programmatic EIS would include the 11
Western States (Arizona, California, Colorado, Idaho, Montana, Nevada,
New Mexico, Oregon, Utah, Washington, and Wyoming), or portions
thereof. The BLM is interested in feedback on the appropriate scope of
the study area and may reduce the number of states included prior to
developing the draft programmatic EIS.
The BLM will consider the extent to which lands covered by the
Desert Renewable Energy Conservation Plan, an interagency landscape-
scale planning effort covering 22.5 million acres in seven southern
California counties, should be included in the study area. The BLM will
also consider the extent to which lands in Arizona, covered by the
Restoration Design Energy Project, should be included in the study area
for the programmatic EIS.
Exclusion Criteria: The Western Solar Plan required that all future
utility-scale solar energy development projects be in conformance with
the Plan's exclusions (Table A-2) and the associated land use
[[Page 75286]]
plan amendments (43 CFR 1601.0-5(b)). Due to the size and scale of
utility-scale solar energy development (generally involving a single
use of public lands), the BLM excluded a broader set of categories than
would be identified in a land use plan for other types of rights-of way
(ROWs). In all, 32 exclusion categories apply to some or all of the
area covered by the Western Solar Plan.
It may be appropriate to modify or eliminate some of these
exclusion categories, based on new information and advances in
technology. For example, exclusion criteria 1 (excluding development in
locations with slopes greater than 5 percent) and 2 (excluding
development where insolation values are below 6.5 kWh/m\2\/day) were
based on technological constraints present at the time the 2012
programmatic EIS was prepared which might no longer apply. The BLM
intends that at least one proposed alternative would remove criteria 1
and 2 from the exclusions to the Solar Energy Program.
The remaining 30 exclusion criteria are resource-based. The BLM
will consider changes to those exclusions, particularly with respect to
resources in the States added to the study area. The BLM is interested
in public comment on whether, in addition to modifying exclusion
criteria for solar energy development, the Bureau should establish
similar exclusion criteria for wind energy development.
Land Use Allocations: The Western Solar Plan and associated land
use plan amendments: (1) excluded lands from utility-scale solar energy
development based on a variety of criteria (about 79 million acres or
319,702 km\2\); (2) identified specific locations well suited for
utility-scale production of solar energy (i.e., SEZs) where the BLM
prioritizes development (about 285,000 acres or 1,553 km\2\), and (3)
allowed for responsible utility-scale solar energy development in
variance areas outside of SEZs and exclusion areas in accordance with
the variance process described in the 2012 programmatic EIS (about 19
million acres or 82,964 km\2\). The Western Solar Plan emphasized and
incentivized development within SEZs and included a collaborative
process to identify additional SEZs. The BLM's goal in prioritizing and
incentivizing development in SEZs was to speed development of solar
energy projects on BLM lands with high potential for solar energy
generation and low potential for resource conflicts. The BLM intends
that at least one proposed alternative would consider adjustments to
the land use allocations of SEZs, variance areas, and exclusion areas
as well as potential updates to the process and procedures that apply
in each area. The BLM will consider identifying new priority areas for
solar energy development, variance areas, and exclusion areas,
including in any additional States (e.g., Idaho, Montana, Oregon,
Washington, or Wyoming) that were not evaluated in the 2012
programmatic EIS. The BLM is interested in receiving public feedback on
these and other provisions that could be addressed under this
programmatic EIS.
Variance Process: The Western Solar Plan provides for utility-scale
energy development in variance areas outside of SEZs and exclusion
areas. Applications for solar energy developments within a variance
area are preliminarily assessed for anticipated conflicts with
sensitive and high-value resources to identify potential issues with
the siting of the proposed project. Prospective applicants in variance
areas must schedule and participate in two preliminary meetings with
the BLM before filing a ROW application. Following completion of these
preliminary meetings, an applicant is then required to submit a ROW
application to the BLM along with a Plan of Development with sufficient
detail to allow the BLM to evaluate the suitability of the site for
utility-scale solar energy development. Applicants for ROWs in variance
areas are required to adhere to the data collection and survey
protocols prescribed by resource agencies. The BLM considers a variety
of factors when evaluating ROW applications and associated data in
variance areas (see 2012 Western Solar Plan, Appendix B, Section B.5).
The variance process has been in place for over a decade and was
intended to support preliminary screening of applications as a means to
validate the technical and financial feasibility of proposed solar
projects, gauge the potential for conflicts with key resources and
other existing uses using available information, and help ensure that
certain up-front coordination has commenced with appropriate State and
local governments before committing significant agency resources for a
project-specific NEPA analysis. The BLM will consider modifications to
the variance process to focus the review and improve efficiency.
Further, the BLM will consider whether the process should be included
in the programmatic EIS or whether the variance procedures would more
appropriately be effectuated by other means, such as through regulation
or policy. The BLM anticipates at least one proposed alternative will
include changes to the variance process.
Additionally, since implementation of the Western Solar Plan, the
majority of authorized solar developments on public land have occurred
in variance areas, not SEZs. As such, the BLM will consider whether the
purpose of the variance process (i.e., pre-screening potential
projects) is being met through other mechanisms--the BLM prioritization
of applications for solar development in areas outside of SEZ and
exclusion areas; exercise of the BLM's existing authority to deny ROW
applications; and site-specific NEPA evaluations--such that the
variance process need not be continued.
Definition of Utility-Scale: The Western Solar Plan was limited to
utility-scale solar energy development, defined as any project capable
of generating 20 or more megawatts (MW) of electricity that is
delivered into the electricity transmission grid. Thus, decisions on
projects generating less than 20 MW have not been made under the
Western Solar Plan and continue to be made based on existing land use
plan requirements, applicable policy, and individual site-specific NEPA
analyses. The BLM intends to consider modifying the definition of
utility-scale development.
Incentivizing Development in SEZ, i.e., Priority Areas: In the
Western Solar Plan, the BLM stated that it intended to implement
various policies and procedures for projects in SEZs and certain other
initiatives to incentivize future utility-scale solar energy
development in SEZs (see Western Solar Plan, Appendix B, Section
B.4.3). The BLM completed some of these efforts but believes additional
incentives should be considered. The BLM is interested in receiving
public comment on what additional incentives would facilitate faster
and easier permitting in SEZs, improve and facilitate appropriate
mitigation, and encourage solar energy development on suitable lands
adjacent to SEZs. The BLM also seeks comment on the extent to which the
current uncertainty and disruptions in global supply chains might delay
deployment of solar and wind energy development projects on public
lands and how the BLM could address this concern by incentivizing the
use of American made solar system components and union labor.
In addition to a range of alternatives that will include proposed
modifications and updates to the Program elements noted above, the BLM
will consider a No Action Alternative. Under the No Action Alternative,
no changes will be made to the Solar Energy Program. Under the No
Action Alternative, no changes would be made
[[Page 75287]]
to solar energy planning in the additional five Western States (Idaho,
Montana, Oregon, Washington, and Wyoming) not covered by the Western
Solar Plan.
The BLM welcomes comments on potential modifications and updates to
the Program elements described above as well as suggestions for
additional alternatives.
BLM Planning Criteria
The planning criteria guide the planning effort and lay the
groundwork for effects analysis by identifying the preliminary issues
and their analytical frameworks. Preliminary issues for the planning
area have been identified by BLM personnel and from early engagement
conducted for this planning effort with Federal, State, and local
agencies; Tribes; and other stakeholders. The BLM has identified
several preliminary issues within the planning criteria for this
planning effort's analysis. The planning criteria are available for
public review and comment at the ePlanning website <a href="https://eplanning.blm.gov/eplanning-ui/admin/project/2022371/510">https://eplanning.blm.gov/eplanning-ui/admin/project/2022371/510</a>.
Summary of Expected Impacts
BLM personnel have identified the following potential effects to be
examined during the planning process: effects to natural and cultural
resources, other resource uses, and social and economic conditions from
providing opportunities on public lands for renewable energy
development. The BLM will also examine the potential for improved
conservation outcomes in high-resource value areas allocated as
exclusion areas where renewable energy development is prohibited or
whether other comprehensive practices could be implemented for utility-
scale solar development on BLM-administered public lands to support
improved conservation outcomes. The BLM is accepting public input on
these issues during the scoping period, consistent with 43 CFR 1610.4-
1. The programmatic EIS will describe the environment of the planning
area that could be affected by the alternatives under consideration and
will evaluate reasonably foreseeable impacts.
The public is invited to comment on information about the
relationships among solar energy developments on public lands and the
balance between the nation's energy needs and other public land
resources and uses, as well as relevant social and economic factors.
This information will inform the scope of BLM's alternatives and impact
analysis in the programmatic EIS.
Public Scoping Process
This notice of intent initiates the scoping period and public
review of the planning criteria, which guide the development and
analysis in the programmatic EIS and associated land use plan
amendments. The BLM will be holding two virtual and 12 in-person
scoping meetings. The specific dates and locations of these scoping
meetings will be announced at least 15 days in advance through
ePlanning project page and on the BLM website (see ADDRESSES section)
Interdisciplinary Team
The BLM will use an interdisciplinary approach to develop the
programmatic EIS and land use plan amendments in order to consider the
variety of resource issues and concerns identified. Bureau experts
involved in this effort will include, without limitation, the following
disciplines: rangeland management, minerals and geology, forestry,
outdoor recreation, archaeology, paleontology, wildlife and fisheries,
lands and realty, hydrology, soils, sociology and economics.
Additional Information
The BLM will identify, analyze, and consider potential mitigation
to address the reasonably foreseeable impacts to resources from the
proposed plan amendments and all analyzed reasonable alternatives and,
in accordance with 40 CFR 1502.14(e), include appropriate mitigation
measures not already included in the proposed plan amendments or
alternatives. Mitigation may include avoidance, minimization,
rectification, reduction or elimination over time, and compensation,
and may be considered at multiple scales, including the landscape
scale.
The BLM will utilize and coordinate the NEPA and land use planning
processes for this planning effort to help support compliance with
applicable procedural requirements under the Endangered Species Act (16
U.S.C. 1536) and Section 106 of the National Historic Preservation Act
(54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3), including public
involvement requirements of Section 106. The information about historic
and cultural resources and threatened and endangered species within the
area potentially affected by the proposed plan will assist the BLM in
identifying and evaluating impacts to such resources.
The BLM will consult with Indian Tribal Nations on a government-to-
government basis in accordance with Executive Order 13175, BLM MS 1780,
and other Departmental policies. Tribal concerns, including impacts on
Indian trust assets and potential impacts to cultural resources, will
be given due consideration. Federal, State, and local agencies, along
with Indian Tribal Nations and other stakeholders that may be
interested in or affected by the proposed changes to the BLM's solar
energy planning and RMP amendments that the BLM is evaluating, are
invited to participate in the scoping process and, if eligible, may
request or be requested by the BLM to participate in the development of
the environmental analysis as a cooperating agency. The BLM will engage
in government-to-government consultation meetings. The BLM will provide
written invitations to potentially affected Tribal Nations prior to the
meetings. The BLM will provide additional opportunities for government-
to-government consultation throughout the NEPA process.
Interested parties not submitting comments at this time but who
would like to receive a copy of the draft programmatic EIS and other
project materials should indicate their preference through the project
website (<a href="https://eplanning.blm.gov/eplanning-ui/admin/project/2022371/510">https://eplanning.blm.gov/eplanning-ui/admin/project/2022371/510</a>).
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Authority: 40 CFR 1501.9 and 43 CFR 1610.2.
Tracy Stone-Manning,
Director, Bureau of Land Management, Department of the Interior.
[FR Doc. 2022-26659 Filed 12-7-22; 8:45 am]
BILLING CODE 4310-84-P
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