1 | US DOE Geothermal Programeere.energy.gov Public Service of Colorado Ponnequin Wind Farm...

1 | US DOE Geothermal Program eere.energy.gov

Public Service of Colorado Ponnequin Wind Farm

Geothermal Technologies Program

Categorical Exclusions Doug HollettGeothermal Technologies Program Manager

Aaron LevineNREL

October 1, 2013


Categorical Exclusions-General

Challenges for geothermal development under federal environmental review process (National Environmental Policy Act of 1969 (NEPA)) May have to complete during multiple phases of geothermal

development (i.e. land use, leasing, exploration, well field, power plant) Environmental Assessments (EA) and Environmental Impact Statement

(EIS) are time consuming.

One approach to reduce the environmental review process timeframe Categorical exclusions for activities that do not have a significant impact

on the environment.



What is a categorical exclusion (CX)? The Council on Environmental Quality (CEQ) regulations define a CX as

“a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations…” (40 CFR § 1507.3).

Where a category of actions falls under a CX, federal agencies are not required to complete the EA/EIS process, but may complete an EA through agency procedures. Source: CEQ Memorandum for Heads of Federal Departments and Agencies.

A CX is not an exemption or waiver from the NEPA process, but instead a type of NEPA review aimed at reducing paperwork, delay, and the more resource-intensive review required for an EA or EIS. Source: CEQ Memorandum for Heads of Federal Departments and Agencies.



Types of CXs Statutory

o Created by Congress through legislative processo Example: EPAct § 390 oil and gas CXso Not subject to CEQ NEPA regulationso May not be subject to extraordinary circumstances review

Administrative

o Created by federal agencies through rulemaking processo Example: Bureau of Land Management (BLM) oil, gas, and

geothermal CXs in 516 DM 11.9(b)o Subject to CEQ NEPA regulationso Subject to extraordinary circumstances review


Categorical Exclusions-Extraordinary Circumstances

Role of Extraordinary Circumstances Use varies with statutory CXs

o Does not currently apply to EPAct § 390 CXs Federal agency must determine whether an extraordinary circumstance

is present before applying an administrative CX.o Through scoping (Forest Service), extraordinary circumstances

checklist (BLM) Each agency has a list of extraordinary circumstances to consider

o Usually requires the activity to have a significant impact on the category rather than just some effect.

o Common examples include impacts to:

→ Cultural/historic sites

→ Threatened or endangered species


Categorical Exclusions-Establishing CXs

How to Establish a CX Statutory

o Legislative Process Administrative

o Agency Rulemaking Process

→ Agency develops justification for new or revised CX

→ Can examine existing NEPA reviews, conduct demonstration projects, rely on agency staff or outside experts, and/or review another agency’s administrative record for an established CX.

→ Agency develops administrative record of findings

→ Agency drafts CX and completes notice and comment rulemaking process

→ Must consult with CEQ throughout this process


Categorical Exclusions-BLM History

History of BLM Geothermal CXs

1982-1983 – DOI/BLM and portions of Mineral Management Services onshore operations merged.o Created combined list of 41 CXs application to oil, gas, and

geothermal.

1992 – DOI/BLM published a new list of categorical exclusionso List reduced from 41 to 6 CXso Only applicable to oil and gas

→ Geothermal exclusion later said to be an “administrative error” in 2003 internal BLM documents.


Categorical Exclusions-BLM History

History of BLM Geothermal CXs 2003 – BLM began discussions to increase the 1992 list of 6 CXs to 18

o All 18 would have been applicable to geothermalo Three geothermal specific CXs

1. Approval of a plan for Geothermal Production when derived from a plan of unitization which has been previously covered by an environmental document.

2. Approval of a plan for injection of geothermal fluids meeting the requirements of the 43 CFR 3200 (Environmental Protection Requirements).

3. Approval of conversion of an unsuccessful geothermal well or an exhausted producer to a water source or an observation well.

2005 – EPAct 2005 § 390 created 5 new CXs for oil and gas.o 2003 proposed BLM CXs lost momentum


Categorical Exclusions-Across Resources

Categorical Exclusions Across Resources Administrative CXs for Oil, Gas, and Geothermal are predominately the

same.o BLM CXs are the same for oil, gas, and geothermal

→ 516 DM 11.9bo DOE CXs are the same for oil, gas, and geothermal

→ Appendix B to Subpart D of 10 CFR 1021.410o USFS CXs

→ Predominately the same

→ Unique oil and gas CX: Approval of Surface Use Plan of Operations for oil and gas exploration and initial development activities including:→ One mile of new road construction or one mile of road reconstruction

→ Three miles of individual or co-located pipelines and/or utility disturbance

→ Four drill sites


Categorical Exclusions-Across Agencies

Categorical Exclusions Across Agencies Statutory CXs apply across all federal agencies

→ EPAct § 390

Administrative CXs cannot apply across federal agencies

→ Cannot blindly use another federal agency’s CX

→ Can use another agency’s administrative record used to develop a categorical exclusion as justification for developing a categorical exclusion for the same or a similar category of activities.

→ Must demonstrate that the proposed CX action is substantially similar to the other agency’s categorical exclusion.


Categorical Exclusions-Across Resources and Agencies

1 DOI Department Manual 516 11 (6)2 EPAct 2005, Title III-Oil and Gas, Sec. 390-& BLM IM 2005-2473 36 CFR 220.6(e)(8)

BLM USFS DOE USGS

Activity O&G Geothermal O&G Geothermal Geothermal ---

Agency Activities

Land Use Planning EIS EIS --- ---

Leasing EA/DNA EA/DNA --- ---

Geophysical Exploration (including TGWs) No new roads CX1 CX3 CX4 CX6

Less than 1 mile of new roads EA/DNA1 CX3 EA/DNA EA/DNA

Drilling Permits (into the reservoir)

Exploration wells CX2 (limitations) EA/DNA CX2 (limitations) EA/DNA EA ---

Development wells CX2 (limitations) EA/DNA CX2 (limitations) EA/DNA NA ---

Infill wells CX2 (limitations) EA/DNA CX2 (limitations) EA/DNA CX4 ---

Other Activities Off-lease Pipeline CX2 (limitations) EA/DNA CX2 (limitations) EA/EIS --- ---

Utilization/Operation EA/EIS EA/EIS CX7 EA/EIS CX4,5 ---

Minor Maintenance CX2 (limitations) EA/EIS CX2 (limitations) EA/EIS --- ---

4 10 CFR 1021 (b)5 Small facilities only6 DOI Department Manual 516 6.57 36 CFR 220.6(e)(17) – Surface Use Plan of Operations w/ limitations

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