Notice2024-24358
National Environmental Policy Act Implementing Procedures for the Bureau of Land Management
Primary source
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Published
October 22, 2024
Issuing agencies
Interior Department
Abstract
This notice announces the Department of the Interior's (Department) proposal to revise the National Environmental Policy Act implementing procedures for the Bureau of Land Management (BLM) at Chapter 11 of Part 516 of the Departmental Manual (DM) to add a new categorical exclusion for geothermal resource confirmation activities on Federal geothermal resource leases.
Full Text
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<title>Federal Register, Volume 89 Issue 204 (Tuesday, October 22, 2024)</title>
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[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84380-84383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24358]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[BLM_HQ_FRN_MO4500181945]
National Environmental Policy Act Implementing Procedures for the
Bureau of Land Management
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
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SUMMARY: This notice announces the Department of the Interior's
(Department) proposal to revise the National Environmental Policy Act
implementing procedures for the Bureau of Land Management (BLM) at
Chapter 11 of Part 516 of the Departmental Manual (DM) to add a new
categorical exclusion for geothermal resource confirmation activities
on Federal geothermal resource leases.
DATES: Comments must be postmarked (for mailed comments), delivered
(for personal or messenger delivery comments), or filed (for electronic
comments) no later than November 21, 2024.
ADDRESSES: The public can review the Substantiation Report for the
proposed new CX online at: <a href="https://eplanning.blm.gov/eplanning-ui/project/2034686/510">https://eplanning.blm.gov/eplanning-ui/project/2034686/510</a>. Comments can be submitted using:
--BLM National NEPA Register: <a href="https://eplanning.blm.gov/eplanning-ui/project/2034686/510">https://eplanning.blm.gov/eplanning-ui/project/2034686/510</a>. Follow the instruction at this website.
--Mail, personal or messenger delivery: U.S. Department of the
Interior, Bureau of Land Management, Attention: HQ330 Geothermal
Resource Confirmation Categorical Exclusion, 1849 C Street NW,
Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Heather Bernier, Division Chief,
Decision Support, Planning, and NEPA, at (303) 239-3635, or
<a href="/cdn-cgi/l/email-protection#ddb5bfb8afb3b4b8af9dbfb1b0f3bab2ab"><span class="__cf_email__" data-cfemail="f0989295829e999582b0929c9dde979f86">[email protected]</span></a>. 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.
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et
seq., requires Federal agencies to consider the environmental effects
of their proposed actions in their decision-making processes and to
inform and engage the public in that process. Section 101(a) of NEPA
sets forth a national policy to use all practicable means and measures,
including financial and technical assistance, in a manner calculated to
foster and promote the general welfare, to create and maintain
conditions under which humans and nature can exist in productive
harmony, and fulfill the social, economic, and other requirements of
present and future generations of Americans. 42 U.S.C. 4331(a). Section
102 of NEPA directs agencies to interpret and administer Federal
policies, regulations, and laws consistent with NEPA's policies. 42
U.S.C. 4332.
To comply with NEPA, agencies determine the appropriate level of
review for a proposed action: an environmental impact statement (EIS),
an environmental assessment (EA), or a categorical exclusion (CX). 40
CFR 1501.3(c). If a proposed action is likely to have significant
environmental effects, the agency will prepare an EIS and document its
decision in a record of decision. 40 CFR part 1502, 1505.2. If the
proposed action is not likely to have significant environmental effects
or the level of significance is unknown, the agency will prepare an EA,
which involves a more concise analysis and process than an EIS. 40 CFR
1501.5. Following preparation of an EA, the agency may reach a finding
of no significant impact (FONSI) if the analysis shows that the action
will have no significant effects. 40 CFR 1501.6. If, following
preparation of an EA, the agency finds that the proposed action will
have significant effects, it will prepare an EIS before authorizing the
action. 40 CFR 1501.6(a)(3).
Under NEPA and the Council on Environmental Quality's (CEQ's)
implementing regulations, a Federal
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agency must establish CXs--categories of actions that the agency has
determined normally do not significantly affect the quality of the
human environment, individually or in the aggregate--in its agency NEPA
procedures. 42 U.S.C. 4336(e)(1); 40 CFR 1501.4, 1507.3(c)(8),
1508.1(e). If an agency determines that a CX covers a proposed action,
the agency then evaluates the proposed action for any extraordinary
circumstances in which a normally excluded action may have a
significant effect. 40 CFR 1501.4(b), 1508.1(o). Responsible Officials
in the Department's bureaus evaluate proposed actions for the existence
of extraordinary circumstances in accordance with the Department's NEPA
implementing regulations at 43 CFR 46.205 and 46.215; see also 40 CFR
1501.4(b), (b)(1)-(2).
Under NEPA, a CX is defined as ``a category of actions that a
Federal agency has determined normally does not significantly affect
the quality of the human environment.'' 42 U.S.C. 4336e. CEQ recognizes
that CXs increase efficiency by reducing the resources spent analyzing
proposals that normally do not have potentially significant
environmental effects, thereby allowing those resources to be focused
on proposals that are more likely to have significant environmental
effects.\1\ The appropriate use of CXs allows NEPA compliance, in the
absence of extraordinary circumstances that merit further
consideration, to be concluded without preparing either an EA or an
EIS.
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\1\ Council on Environmental Quality (CEQ), Establishing,
Applying, and Revising Categorical Exclusions under the
Environmental Policy Act, at 2-3. November 23, 2010. <a href="https://ceq.doe.gov/docs/ceq-regulations-and-guidance/NEPA_CE_Guidance_Nov232010.pdf">https://ceq.doe.gov/docs/ceq-regulations-and-guidance/NEPA_CE_Guidance_Nov232010.pdf</a>.
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The Department's revised NEPA procedures were published in the
Federal Register on October 15, 2008 (73 FR 61292), and are codified at
43 CFR part 46. Additional Department-wide NEPA policy may be found in
the DM, in chapters 1 through 4 of part 516. The NEPA procedures for
the Department's bureaus are published as additional chapters of DM
part 516. Chapter 11 of 516 DM covers the BLM's procedures. The BLM's
current procedures can be found at: <a href="https://www.doi.gov/sites/doi.gov/files/elips/documents/516-dm-11_0.pdf">https://www.doi.gov/sites/doi.gov/files/elips/documents/516-dm-11_0.pdf</a>. These procedures address policy
as well as procedure to assure compliance with the spirit and intent of
NEPA.
Rationale for the Proposed New CX
The Department proposes to establish this new Geothermal Resource
Confirmation (GRC) CX to facilitate the permitting of operations plans
(OPs) for lessees to drill and test resource wells and expedite
renewable energy development on public lands. Geothermal resource
confirmation drilling usually includes at least three wells drilled
into the resource to evaluate commercial viability of the resource, and
to determine the extent of the resource by demonstrating communication
between wells. Authorizing any OPs for post-leasing drilling operations
(to directly test for and confirm the existence of a geothermal
resource) currently requires the BLM to prepare an EA to comply with
NEPA. The BLM's goal is to shift its analytical resources away from
preparing EAs for actions that have been demonstrated to result in no
significant impacts towards those that may. BLM has long experience
with approval of OPs for geothermal resource confirmation operations
and is familiar with the environmental effects of these activities,
none of which normally result in significant or unanticipated effects
to other resource values or uses.
To substantiate its determination that the proposed new GRC CX
describes a category of actions that does not normally have a
significant effect on the environment, individually or in the
aggregate, BLM assessed the environmental effects of previously
implemented geothermal resource confirmation projects by evaluating 26
BLM EAs that concluded with FONSIs and validating these environmental
reviews by conducting post-implementation evaluations that confirmed
the findings.
A record of the BLM's review can be found in the Substantiation
Report for the proposed new CX (GRC CX Substantiation Report), which is
available at <a href="https://eplanning.blm.gov/eplanning-ui/project/2034686/510">https://eplanning.blm.gov/eplanning-ui/project/2034686/510</a>, incorporated by reference here, and summarized in the
Justification for Change section below. Based upon this information,
the BLM has found that the establishment of a CX is appropriate because
no significant effects normally result from GRC operations conducted
within the proposed parameters. Establishing the proposed new CX would
ensure a timely process for review and processing of operations plan
applications for geothermal resource confirmation drilling and testing
projects that normally do not have significant effects.
Description of Change
The Department proposes to add one CX to 516 DM 11.9 at Section B.
Oil, Gas and Geothermal Energy. The language of the proposed new CX at
516 DM 11.9 B (7) is:
Approval of an operations plan for geothermal resource
confirmation wells (e.g., core drilling, temperature gradient wells,
and/or resource wells), including, but not limited to, construction
of temporary routes for access, reclamation of all surface
disturbance, and direct testing (e.g., flow tests) to confirm the
existence of a geothermal resource, to improve injection support, or
to demonstrate communication between wells that:
<bullet> Does not include resource utilization;
<bullet> Does not exceed 20 acres of total (contiguous or
noncontiguous) surface disturbance;
<bullet> Includes reclamation of temporary routes when their
intended purpose(s) has been fulfilled, unless through a separate
review and decision-making process the BLM incorporates and
appropriately designates a route as part of its transportation
system. Unless a temporary route is specifically intended to
accommodate public use, use of the temporary route is limited to
project specific geothermal resource confirmation purposes;
<bullet> Requires temporary routes to be constructed and used to
allow for the reclamation, by artificial or natural means, of the
temporary route and areas where the vegetative cover was disturbed
by the construction or use of the route, and requires such treatment
to be designed to reestablish vegetative cover as soon as possible,
but at least within 10 years after approved reclamation commences;
and
<bullet> Includes design elements to protect resources and
resource uses consistent with the applicable Resource Management
Plan, laws, regulations, and lease terms.
The BLM's intent in establishing this CX is to improve the
efficiency of routine environmental review processes for geothermal
resource confirmation. When applying this CX, Responsible Officials at
the BLM will evaluate the proposed actions to determine whether there
are any extraordinary circumstances. The Department's extraordinary
circumstances are listed at 43 CFR 46.215 and include, in part,
consideration of impacts on public health and safety; natural resources
and unique geographic characteristics as historic or cultural
resources; park, recreation, or refuge lands; wilderness areas; wild or
scenic rivers; national natural landmarks, sole or principal drinking
water aquifers; prime farmlands; wetlands; floodplains; national
monuments; migratory birds; and other ecologically significant or
critical areas; unresolved conflicts concerning alternative uses of
available resources; unique or unknown environmental risks; precedent
for future decision-making; historic properties; listed species or
critical habitat; low income or minority populations; access by Indian
religious
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practitioners to, and for ceremonial use of, Indian sacred sites and
the physical integrity of those sites; and contribution to the
introduction, continued existence, or spread of invasive weeds or non-
native invasive species. Responsible Officials in the BLM are required
to review any proposed action for which they intend to rely on a CX, as
provided at 43 CFR 46.205, by comparing it with the list at 43 CFR
46.215, and to document that review in accordance with any applicable
BLM NEPA or program guidance. The Responsible Official will assess
whether an extraordinary circumstance exists. If the Responsible
Official cannot rely on a CX to support a decision on a particular
proposed action due to extraordinary circumstances, the Responsible
Official will prepare an EA or EIS, consistent with 40 CFR 1501.4(b)(2)
and 43 CFR 46.205(c).
The public is asked to review and comment on the proposed new CX.
To be considered, any comments on this proposed addition to the list of
CXs in the DM must be received by the date listed in the DATES section
of this notice at the location listed in the ADDRESSES section.
Comments received after that date will be considered only to the extent
practicable. Comments, including names and addresses of respondents,
will be part of the public record and available for public review at
the BLM address shown in the ADDRESSES section, during business hours,
8 a.m. to 4:30 p.m., Monday through Friday, except holidays. Before
including your address, telephone number, email address, or other
personal identifying information in your comment, you should be aware
that your entire comment--including your personally 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.
Justification for Change
The BLM proposes this GRC CX after reviewing existing BLM NEPA
analyses and available scientific research on the effects of routine
actions that would be included in the proposed new CX over time and
over different geographic areas. The BLM has documented in detail the
justification for establishing this new CX in the Substantiation
Report, which is incorporated by reference here and available to review
in full at the websites shown in ADDRESSES.
Pursuant to the Geothermal Steam Act of 1970, the BLM is
responsible for issuing leases for geothermal resource development and
managing resource development, in part by processing permit
applications for drilling, production, and utilization (electrical
generation) on the Federal mineral estate. This authority encompasses
approximately 700 million acres of Federal minerals, including BLM-
managed public lands, National Forest System lands, other Federal
lands, as well as split estate (e.g., non-Federal surface) lands where
the Federal Government has retained the mineral estate.
Geothermal energy offers the Nation a clean, domestic, and abundant
renewable resource. Conventional (hydrothermal) geothermal power plants
use heat energy found in rock formations containing hot water or steam
below the Earth's surface to turn a turbine and generate electrical
power. Geothermal energy is a baseload source of electricity,
generating energy 24 hours a day, regardless of changing weather
patterns; as such, geothermal energy can help bridge the gap created by
the intermittent generation of power from other renewable energy
sources like solar and wind. Among renewable energy sources, geothermal
power plants also have the smallest amount of surface disturbance
relative to electricity produced, with a generation-weighted average of
0.34 acre/Gigawatt hour. Currently, approximately seventy (~70) percent
(%) of geothermal installed capacity in the United States includes
Federal resources. For these reasons, the BLM's Geothermal Energy
Program is a critical component of efforts to advance and diversify the
Nation's energy portfolio.
The proposed new CX would support streamlined project authorization
at the resource confirmation drilling phase and simplify the NEPA
process. Establishment of the CX could support more efficient
authorization of resource confirmation and testing, which could remove
unnecessary barriers to the development of geothermal energy.
To support the development of the CX, the BLM examined 26
geothermal projects analyzed in EAs that all supported FONSIs, and that
were completed between 2005-2019, to identify potential impacts
resulting from the kinds of activities normally included in GRC
operations plans, as outlined in the 43 CFR Subpart 3260 regulations.
The NEPA documents were reviewed to determine the scope of
environmental consequences anticipated to result from the proposed
actions. The size and scale of GRC projects reviewed in those documents
were the basis of the surface disturbance limitations chosen for the
proposed CX; specifically, the BLM determined that a limit of 20 acres
will exclude the largest GRC operations, which are likeliest to result
in significant effects. The BLM was careful to develop the scope of the
proposed GRC CX so as to include only projects that involve drilling
and direct testing of a resource. Therefore, the BLM, in its analysis,
excluded projects that included actual production of geothermal
resources, which requires construction and operation of utilization
facilities (e.g., power plants and transmission facilities). Such
activities would be included and analyzed in the next phase of
geothermal resource development, Utilization Operations, as outlined in
the 43 CFR Subpart 3270 regulations, and are therefore beyond the scope
of the intended category of activities BLM intends to exclude from
further NEPA analysis with this GRC CX. BLM also reviewed 20
representative oil and gas drilling projects on Federal lands, because
the activities, equipment, and surface impacts between these two types
of fluid minerals are largely similar at the drilling stage.
As discussed in the Methods section of the Substantiation Report,
the BLM currently relies on EAs to review GRC projects. In the EAs
reviewed, no significant individual or cumulative impacts were
predicted to result from the kinds of activities included in the
proposed GRC CX, nor were any unanticipated impacts observed after
projects were implemented. Actual impacts were the same as predicted
impacts in all cases. In all instances, project design elements
required by BLM regulations, resource management plans, and leases were
adequate to minimize or avoid adverse impacts. None of the evaluated
projects would have resulted in a need to complete an EIS for the
actions proposed in this CX, had these measures not been applied as a
feature of the proposed action or alternatives.
As described in the Substantiation Report, the BLM has experience
analyzing and implementing GRC projects in an environmentally
sustainable manner and considers the activities described in this
proposal to be routine and the environmental effects of those
activities to be non-significant. Expediting consideration of GRC
projects is essential to improve management of geothermal resources on
BLM-administered lands. Establishment of this proposed new CX would
facilitate implementation of BLM priorities for identifying steps to
establish and implement a program to improve Federal permit
coordination
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with respect to eligible renewable energy projects on covered land,
with the goal of accelerating responsible development of renewable
energy (i.e., geothermal) on public lands.
Authorities: NEPA, the National Environmental Policy Act of 1969,
as amended (42 U.S.C. 4321 et seq.); E.O. 11514, March 5, 1970, as
amended by E.O. 11991, May 24, 1977; and CEQ regulations (40 CFR
1507.3).
Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2024-24358 Filed 10-21-24; 8:45 am]
BILLING CODE 4331-84-P
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