Environmental Considerations: Renewable and Conventional Power Plant Siting

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Environmental Considerations Acronym Glossary

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• 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

Environmental Considerations Agenda

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• Process by which environmental impacts are assessed National Environmental Policy Act Guidance Standard

• Resources considered under the environmental umbrella

Environmental Considerations

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• 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.

Environmental Assessment Procedures The NEPA Process

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• 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

Environmental Assessment Procedures The NEPA Process

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• 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.

Environmental Assessment Procedures Three Levels of NEPA Evaluation

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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

Environmental Assessment Procedures When is an impact Significant

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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

Environmental Assessment Procedures Steps in the NEPA Analysis

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• Scoping • Purpose and Need for the Project • Alternatives • Affected Environment and Consequences • Review and Consultation Coordination • Draft Document • Final Document • Record of Decision

Environmental Resource Considerations

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What resources fall under the purview of Environmental analysis?

• Air Quality • Wildlife/Vegetation/Habitats • Cultural Resources • Water Resources/Wetlands • Special Designations

Environmental Resource Considerations Air Quality Resources

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• 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

Environmental Resource Considerations Wildlife Resources

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• 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.

• Potential issue for expansive or large land area projects: solar facilities, transmission corridors, access roads

New Mexico meadow jumping mouse

Environmental Resource Considerations Avian Resources

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• Manage effects to bird species: Migratory Bird Treaty Act (MBTA) Bald and Golden Eagle Protection Act

• Preconstruction and maintenance survey requirements • Timing Considerations Potential issues for: Solar facilities, transmission corridors, wind farms, conventional generation

Cassin’s kingbird

Environmental Resource Considerations Vegetation and Habitat Resources

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• 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

• Potential issue for expansive or large land area projects: Solar facilities, transmission corridors, access roads

Kuenzler’s hedgehog cactus

Environmental Resource Considerations Cultural Resources

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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

Environmental Resource Considerations Cultural Resources

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Section 106 NHPA Review Process

IF YES

Memorandum of Agreement

with SHPO and other parties

Determine project’s area of potential

effect (APE)

Determine if properties in APE are listed or eligible for

the NRHP

Determine whether historic properties may be adversely

affected by proposed action

Project Area Review Research and Field Surveys

SHPO and Tribal Consultation

Develop Mitigation Strategies

Environmental Resource Considerations Water Resources

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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.

Environmental Resource Considerations Water Resources

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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

Environmental Resource Considerations Specially Designated Areas

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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

Environmental Resource Considerations Miscellaneous Resources

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• Visual resources • Paleontological resources • Caves and karst • Environmental justice • Floodplains • Hazardous and solid waste • Soils and watersheds