Why the Solar Energy Development Programmatic EIS Is Needed

The U.S. Bureau of Land Management (BLM) and the U.S. Department of Energy (DOE) are developing the Solar Energy Development Programmatic EIS (PEIS) to facilitate utility-scale solar energy development in compliance with federal orders and mandates, 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

The BLM and the DOE have identified a need to respond in a more efficient and effective manner to the high interest in utility-scale solar energy development (in particular development to be sited on public lands), and to ensure consistent application of measures to avoid, minimize, or mitigate the adverse impacts of such development. In response to direction from Congress under Section 211 of the Energy Policy Act of 2005 , as well as Executive Order 13212, Actions to Expedite Energy-Related Projects, the DOE and the BLM (the Agencies) are evaluating how 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. Additionally, in response to Order No. 3285A1 from the Secretary of the Interior, the Agencies are initiating in-depth study of specific locations for production of solar energy.

The 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 a set of Solar Energy Polices, which, among other objectives, establish requirements for solar energy project environmental review. BLM's policies, published in Instruction Memoranda, are available for downloading on the Documents page. The DOE's EERE Solar Energy Technologies Program currently addresses environmental concerns for projects it sponsors on a case-by-case basis.

Applicable Federal Orders and Mandates

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, Section 211, of the Energy Policy Act of 2005 (P.L. 109-58) provides that the Secretary of the Interior 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 Energy Independence and Security Act of 2007 requires DOE to facilitate integration of utility-scale solar energy into regional electricity transmission systems, and Executive Order 13514 requires federal agencies to help advance local efforts for renewable energy development. The Agencies have identified utility-scale solar energy development as an important component in meeting these mandates.

Secretarial Order No. 3285A1 (issued in March 2009 by the Secretary of the Interior and amended in February 2010) announced a policy goal of identifying and prioritizing specific locations on public lands that are best suited for large-scale production of solar energy.

Proposed Agency-Specific Programs

Utility-scale solar energy projects (defined for the Solar PEIS as facilities with a generation capacity of 20 MW or greater) 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. Through the PEIS, the BLM is considering the development and implementation of a new Solar Energy Program that would establish environmental policies and design features (e.g., mitigation requirements) related to solar energy development in six southwestern states (Arizona, California, Colorado, New Mexico, Nevada, and Utah). The DOE is considering development and implementation of new guidance relevant to DOE-supported solar projects.

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 guidance constitute major Federal actions as defined by the NEPA and, thus, they have decided to jointly prepare a 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. For the DOE, development of new guidance related to environmental impacts would 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. For the BLM, the development of a new Solar Energy Program would affect how all utility-scale solar energy development projects on public lands are administered and would involve the amendment of multiple land use plans. The BLM would establish its own environmental policies and design features applicable to rights-of-way for utility-scale solar energy development projects on public lands administered by the BLM. Therefore, the BLM’s proposed action will define and implement a Program that sets the stage for 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.