Environmental Considerations: Renewable and Conventional Power Plant Siting

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2 Environmental Considerations: Renewable and Conventional Power Plant Siting 2

3 Environmental Considerations Acronym Glossary BLM Bureau of Land Management CatEx Categorical Exclusion CAA Clean Air Act CEQ Council on Environmental Quality CWA Clean Water Act EA Environmental Assessment EIS Environmental Impact Statement EPA Environmental Protection Agency ESA Endangered Species Act MBTA Migratory Bird Treaty Act NAAQS National Ambient Air Quality Standards NEPA National Environmental Policy Act NHPA National Historic Preservation Act NMDGF New Mexico Department of Game and Fish NRHP National Register of Historic Places SHPO State Historic Preservation Officer USFS United States Forest Service 3

4 Environmental Considerations Agenda Process by which environmental impacts are assessed National Environmental Policy Act Guidance Standard Resources considered under the environmental umbrella 4

5 Environmental Considerations In general, environmental considerations for siting renewables, electric generation facilities, and transmission and distribution lines are similar. The degree of environmental regulatory guidance and review varies depending on the type and location of the project. In all cases, impacts to environmental resources must be considered. 5

6 Environmental Assessment Procedures The NEPA Process National Environmental Policy Act (NEPA) NEPA directs all federal agencies to consider the environmental impacts of proposed actions NEPA is intended to help public officials make informed decisions based on an understanding of the environmental consequences 6

7 Environmental Assessment Procedures The NEPA Process What Triggers NEPA? Proposed Actions that are: Directly carried out or funded by a federal agency. Financed or permitted by a federal agency. Connected actions. Although not all EPE projects trigger NEPA, the procedures which it prescribes are guidance for all projects. 7

8 Environmental Assessment Procedures Three Levels of NEPA Evaluation Categorical Exclusion (CatEx) Environmental Assessment (EA) Environmental Impact Statement (EIS) For proposed actions unlikely to have significant effects Most commonly used NEPA document For proposed actions with significant environmental effects 8

9 Environmental Assessment Procedures When is an impact Significant Council on Environmental Quality (CEQ) requires consideration of the context and intensity of an impact to determine significance Factors to consider Public health and safety Unique characteristics of a geographic area Eligibility for the National Register of Historic Places (NRHP) Sensitive species and/or habitats Cumulative effects Federal, state, and local laws 9

10 Environmental Assessment Procedures Steps in the NEPA Analysis Scoping Purpose and Need for the Project Alternatives Affected Environment and Consequences Review and Consultation Coordination Draft Document Final Document Record of Decision 10

11 What resources fall under the purview of Environmental analysis? Air Quality Wildlife/Vegetation/Habitats Cultural Resources Water Resources/Wetlands Special Designations 11

12 Air Quality Resources Most air emissions come from combusting fuel (e.g. natural gas Nitrogen Oxides, Carbon Monoxide, Particulate Matter) The Clean Air Act (CAA) requires EPA to set National Ambient Air Quality Standards (NAAQS) A project must meet or exceed NAAQS set forth by the EPA and be protective of human health and the environment 12

13 Wildlife Resources Manage effects to Special Status Species or critical habitat designated by: Endangered Species Act BLM Sensitive Species USFS Sensitive Species NMDGF Species of Concern Requires reconnaissance and detailed surveys of potential project areas. New Mexico meadow jumping mouse Potential issue for expansive or large land area projects: solar facilities, transmission corridors, access roads 13

14 Avian Resources Manage effects to bird species: Migratory Bird Treaty Act (MBTA) Bald and Golden Eagle Protection Act Preconstruction and maintenance survey requirements Timing Considerations Cassin s kingbird Potential issues for: Solar facilities, transmission corridors, wind farms, conventional generation 14

15 Vegetation and Habitat Resources Manage effects to Special Status Species or critical habitat designated by: Endangered Species Act BLM Sensitive Species USFS Sensitive Species NMDGF Species of Concern Requires reconnaissance and detailed surveys of potential project areas. Avoidance Salvage Kuenzler s hedgehog cactus Potential issue for expansive or large land area projects: Solar facilities, transmission corridors, access roads 15

16 Cultural Resources National Historic Preservation Act (NHPA) National Register of Historic Places (NRHP) recognizes: Districts Buildings Structures Sites Objects Must be significant to: American History Archeology Architecture Engineering Culture Generally greater than 50 years old 16

17 Cultural Resources Section 106 NHPA Review Process Determine project s area of potential effect (APE) Project Area Review Determine if properties in APE are listed or eligible for the NRHP Research and Field Surveys Determine whether historic properties may be adversely affected by proposed action SHPO and Tribal Consultation IF YES Develop Mitigation Strategies Memorandum of Agreement with SHPO and other parties 17

18 Water Resources Wetlands and Other Waters of the U.S. Permit (Section 404, Clean Water Act) required to discharge dredged or fill material Includes waters that are, were, or may be used to for interstate or foreign commerce. In New Mexico, includes waters with a surface connection to the Rio Grande may include dry arroyos. Requires a jurisdictional determination from the USACE. Impacts require mitigation. 18

19 Water Resources Water Quality Inventory and Monitoring Water quality standards must be maintained throughout the life of a project National Pollution Discharge Elimination System Permits (NPDES) Stormwater Pollution Prevention Plans 19

20 Specially Designated Areas Wilderness Study Areas Areas of Critical Environmental Concern National Parks/Monuments National Scenic Trails, Wild and Scenic Rivers May impose specific protections or restrictions: Roadless Areas Visual Resource Considerations Management objectives that exclude development 20

21 Miscellaneous Resources Visual resources Paleontological resources Caves and karst Environmental justice Floodplains Hazardous and solid waste Soils and watersheds 21