Why the Solar Energy Development Programmatic EIS Is Needed

The Solar Energy Development Programmatic Environmental Impact Statement (PEIS) is needed in order to comply with Executive Order 13212 and the Energy Policy Act of 2005, and to maintain compliance with the National Environmental Policy Act of 1969, which specifies when EISs must be prepared.

Background and Need for Agency Action

In response to direction from Congress under Title II, Section 211 of the Energy Policy Act of 2005, as well as Executive Order 13212, Actions to Expedite Energy-Related Projects, the Department of Energy and the Bureau of Land Management (the Agencies) are evaluating whether environmentally responsible utility-scale solar energy projects can be facilitated through developing and implementing agency-specific programs that would establish environmental policies and mitigation strategies for solar energy development. Utility-scale solar energy projects generate electricity that is distributed to consumers through the electric power transmission grid. Additionally, in response to Order No. 3285 from the Secretary of the Interior, the Agencies are initiating in-depth study of specific locations for production of solar energy.

The Bureau of Land Management (BLM) has received a large number of utility-scale solar energy project proposals for BLM-administered lands, mainly in Arizona, California, and Nevada. It currently processes solar energy right-of-way applications for lands under its Solar Energy Development Policy (Instruction Memorandum No. 2007-097), which, among other objectives, establishes requirements for solar energy project environmental review. The Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy (EERE) Solar Energy Technologies Program currently addresses environmental concerns for projects it sponsors through grants on a case-by-case basis.

Executive Order 13212, the Energy Policy Act of 2005, and Secretarial Order No 3285

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 (P.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". The Department of Energy (DOE) and the Bureau of Land Management (BLM) (the Agencies) have identified utility-scale solar energy development as a potentially critical component in meeting these mandates.

The BLM has initiated a second scoping period to solicit public comments on tracts of BLM-administered land to receive in-depth study for solar development in the PEIS. The study of specific locations for solar energy development in the PEIS is in response Secretarial Order No. 3285 (issued March 11, 2009 by the Secretary of the Interior), which announced a policy goal of identifying and prioritizing specific locations best suited for large-scale production of solar energy.

Proposed Agency-Specific Programs

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 evaluate the impacts of such 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.

National Environmental Policy Act

Federal laws and regulations require the federal government to evaluate the effects of its actions on the environment and to consider alternative courses of action. The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321), as amended, specifies when an environmental impact statement (EIS) must be prepared. NEPA requires that an EIS be prepared for major federal actions with the potential for significant impact on the quality of the human environment.

The Agencies have determined that the establishment of specific agency-wide solar energy programs and additional related policy constitute major Federal actions as defined by the NEPA and, thus, they have decided to jointly prepare a programmatic environmental impact statement (PEIS).

Why a Programmatic EIS Is Appropriate

A Programmatic EIS evaluates the environmental impacts of broad agency actions, such as the development of programs or the setting of national policies. Development of specific agency-wide solar energy programs and additional related policy will involve the proposed amendment of land use plans and would establish environmental policies and mitigation strategies to be considered in making decisions on whether to fund projects or guarantee loans for the deployment of 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. Therefore, the proposed action will define and implement programs that sets the stage for potential site-specific actions that might result in significant impacts on the environment, and a programmatic EIS is appropriate.

Energy and the Environment

Environmental protection is an integral part of energy production.

The Energy Policy Act of 2005 addresses the Nation's need for ensuring greater security and affordability in our energy supply while also protecting the environment. Any steps the Agencies take to implement the Energy Policy Act will continue to include thorough environmental review and analysis.

Nothing in the Energy Policy Act changes the requirements of environmental laws such as the Endangered Species Act, the National Historic Preservation Act, the Clean Water Act, and the Clean Air Act.

The BLM is committed to a transparent, science-based approach to environmentally responsible management of the public lands.