[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47828-47831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19647]


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DEPARTMENT OF ENERGY


Amended Notice of Intent To Prepare the Hawai'i Clean Energy 
Programmatic Environmental Impact Statement

AGENCY: Department of Energy (DOE).

ACTION: Amended Notice of Intent (NOI) to prepare a Programmatic 
Environmental Impact Statement (PEIS).

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SUMMARY: In 2010, DOE announced its intent to prepare a PEIS for the 
Hawai'i Interisland Renewable Energy Program (HIREP): Wind (DOE/EIS-
0459) (HIREP: Wind PEIS). In response to public scoping comments on the 
HIREP: Wind PEIS, as well as regulatory and policy developments since 
the scoping meetings, DOE proposes to broaden the range of energy 
efficiency and renewable energy activities and technologies to be 
analyzed in the PEIS and, accordingly, has renamed it the Hawai'i Clean 
Energy PEIS. DOE's proposal will involve the development of guidance to 
use in future funding decisions and other actions to support Hawai'i in 
achieving the goal established in the Hawai'i Clean Energy Initiative 
(HCEI) to meet 70% of the State's energy needs by 2030 through energy 
efficiency and renewable energy. Achieving the HCEI goal could involve 
a diverse range of activities. Accordingly, this PEIS will analyze the 
potential environmental impacts of activities in the following clean 
energy categories: (1) Energy Efficiency, (2) Distributed Renewables, 
(3) Utility-Scale Renewables, (4) Alternative Transportation Fuels and 
Modes, and (5) Electrical Transmission and Distribution. The State of 
Hawai'i and the U.S. Department of the Interior's Bureau of Ocean 
Energy Management (BOEM) are cooperating agencies in preparing this 
PEIS.

DATES: DOE invites public comment on the scope of the PEIS during a 60-
day public scoping period ending on October 9, 2012. See Public 
Participation: Scoping, EIS Distribution, Schedule in the SUPPLEMENTARY 
INFORMATION section below for public scoping meeting dates and 
locations. DOE will consider all comments received or postmarked by the 
end of the scoping period, and will consider comments received or 
postmarked after the ending date to the extent practicable.

ADDRESSES: Written comments on the scope of the PEIS or a request to be 
added to the PEIS distribution list may be submitted as follows:
     Email to [email protected].
     Electronic comments via the PEIS Web site at http://www.hawaiicleanenergypeis.com.
     Facsimile (fax) to (808) 541-2253. Attention: Hawai'i 
Clean Energy PEIS.
     U.S. mail to Jim Spaeth, U.S. Department of Energy, 300 
Ala Moana Blvd., P.O. Box 50247, Honolulu, HI 96850-0247.

FOR FURTHER INFORMATION CONTACT: For information on DOE's proposed 
action, contact Jane Summerson, Ph.D., DOE National Environmental 
Policy Act (NEPA) Document Manager, Office of Energy Efficiency and 
Renewable Energy, U.S. Department of Energy, 1000 Independence Avenue 
SW., Washington, DC 20585, or Jim Spaeth, U.S. Department of Energy, 
300 Ala Moana Blvd., P.O. Box 50247, Honolulu, HI 96850-0247, or send 
an email to [email protected]. Information on the 
Hawai'i Clean Energy PEIS is available on the PEIS Web site at http://www.hawaiicleanenergypeis.com and at the public libraries listed under 
Public Participation: Scoping, EIS Distribution, Schedule in the 
SUPPLEMENTARY INFORMATION section below.
    For general information about the DOE NEPA process, contact Carol 
Borgstrom, Director, Office of NEPA Policy and Compliance (GC-54), U.S. 
Department of Energy, 1000 Independence Avenue SW, Washington, DC 
20585, or (800) 472-2756 or [email protected].

SUPPLEMENTARY INFORMATION: 

1. Background

DOE and the State of Hawai'i Coordination and Collaboration

    DOE and Hawai'i entered into a Memorandum of Understanding (MOU) in 
January 2008 that established a long-term partnership to transform the 
way in which energy efficiency and renewable energy resources are 
planned and used in the State. The MOU established working groups to 
address key sectors of the energy economy (e.g., electricity, end-use 
efficiency, transportation, and fuels), which led to the establishment 
of the HCEI. The goal of the HCEI is to meet 70% of Hawai'i's energy 
needs by 2030 through energy efficiency and renewable energy 
(collectively ``clean energy'').
    To support this goal, in 2009, Hawai'i's legislature established a 
Renewable Portfolio Standard of 15% by 2015, 25% by 2020, and 40% by 
2030. [See Haw. Rev. Stat. Sections 269-91 to 296-95 (2012) and Haw. 
Rev. Stat. Section 196 (2012).] Hawai'i also has established an Energy 
Efficiency Portfolio Standard that calls for the

[[Page 47829]]

statewide reduction in electricity use of 4,300 gigawatt hours via 
efficiency measures by 2030. [Haw. Rev. Stat. Section 269-96 (2012).]
    Meanwhile, DOE has helped advance Hawai'i's clean energy goals by 
providing technical research and analysis, direct staff involvement, 
competitive solicitations, and funding. For example, DOE has provided 
funding for distributed photovoltaics on O'ahu and Maui; a wind farm on 
O'ahu; smart grid projects on Maui and Kaua'i; electric vehicle public 
charging networks; efficient appliance rebates; solar water heating 
rebates; and low-interest loans. Also, in accordance with Section 355 
of the Energy Policy Act of 2005, DOE assessed the economic 
implications of Hawai'i's dependence on oil as a principal source of 
energy, including the technical and economic feasibility of increasing 
the use of renewable energy resources for the generation of electricity 
on an island-by-island basis. The report concluded that Hawai'i has 
many opportunities to diversify energy use through greater utilization 
of renewable energy for electricity and transportation applications.\1\
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    \1\U.S. Department of Energy. Assessment of Dependence of State 
of Hawaii on Oil. (December 2008); available at http://hawaiicleanenergypeis.com/wp-content/uploads/2012/07/Hawaii_Oil_Dependency.pdf.
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2010 Notice of Intent for the HIREP: Wind PEIS

    On December 14, 2010, DOE issued a NOI to prepare a PEIS, with the 
State of Hawai'i as a joint lead, on the wind phase of the Hawai'i 
Interisland Renewable Energy Program (75 FR 77859). That NOI referred 
to the PEIS as the HIREP: Wind PEIS. Scoping meetings were held in 
Honolulu, Kahului, Kaunakakai, and L[amacr]na'i City in February 2011. 
Commenters expressed concern that DOE and the State would not analyze 
energy efficiency measures, distributed renewable energy, or the full 
range of potential renewable energy technologies. Commenters also 
expressed concern about the construction of interisland electricity 
transmission connection(s) and cable(s), the potential disparity of 
impacts on islands that could host wind development projects versus 
those that would use the electricity, and potential impacts to cultural 
resources, among other issues. In light of these comments, as well as 
regulatory and policy developments since the scoping meetings, DOE 
consulted with the State and decided to broaden the range of energy 
efficiency and renewable energy activities and technologies to be 
analyzed in the PEIS. In preparing the PEIS, DOE will consider scoping 
comments already received on the initial NOI, along with comments 
received in response to this amended NOI.

2. Environmental Review Process

    The Hawai'i Clean Energy PEIS will be prepared pursuant to the 
National Environmental Policy Act (NEPA), as amended, the Council on 
Environmental Quality (CEQ) NEPA regulations (40 CFR Parts 1500 through 
1508), and the DOE NEPA implementing procedures (10 CFR Part 1021). The 
PEIS also will consider, among other regulatory items, the requirements 
of the Hawai'i Environmental Policy Act (Hawai'i Revised Statutes [HRS] 
chapter 343).
    DOE invites Federal, State, and local government agencies, Native 
Hawaiian and other organizations, and members of the public to submit 
comments and participate in public meetings on the scope of the PEIS--
that is, the proposed action, the range of reasonable alternatives, and 
potential environmental impacts and other issues to be considered. DOE 
also invites government agencies with jurisdiction by law or special 
expertise to be cooperating agencies in EIS preparation. The State of 
Hawai'i and BOEM have agreed to be cooperating agencies.
    The PEIS will not eliminate the need for project-specific 
environmental review of individual projects or activities that may be 
eligible for funding or other support by DOE. To the extent that DOE 
proposes to fund or undertake particular projects or activities that 
may fall within the scope of the PEIS, project-specific NEPA review for 
such projects and activities is expected to be tiered from the PEIS and 
to be more effective and efficient because of the PEIS. Moreover, such 
projects and activities will be subject to compliance with obligations 
under other environmental laws such as the Endangered Species Act and 
National Historic Preservation Act.

3. DOE Purpose and Need for Agency Action

    DOE's purpose and need for agency action is based on the 2008 MOU 
with Hawai'i that established a long-term partnership to transform the 
way in which energy efficiency and renewable energy resources are 
planned and used in the State. Consistent with this MOU, DOE's purpose 
and need is to support the State in its efforts to meet 70% of the 
State's energy needs by 2030 through clean energy.

4. DOE's Proposed Action

    DOE's proposed action is to develop guidance that it can use in 
making decisions about future funding or other actions to support 
Hawai'i in achieving the goal established in the HCEI to meet 70% of 
the State's energy needs by 2030 through energy efficiency and 
renewable energy. For purposes of this PEIS, DOE has divided these 
potential future actions into five clean energy categories and will 
analyze, at a programmatic level, the potential environmental impacts 
of future DOE actions that would fall within these categories and be 
subject to DOE's proposed guidance.
Energy Efficiency
Buildings (new construction and retrofits)
Energy Conservation
Ground Source Heat Pumps
Initiatives and Programs (e.g., tax incentives and rebates)
Sea Water Cooling
Solar Water Heating
Distributed Renewables
Biomass (small systems)
Hydroelectric (small systems)
Hydrogen Fuel Cells
Solar Photovoltaic Panels
Wind (small systems)
Utility-Scale Renewables
Biomass Geothermal
Hydroelectric
Municipal Solid Waste (including landfill gas)
Ocean Energy (wave and tidal)
Ocean Thermal Energy Conversion
Solar Photovoltaic Arrays
Solar Thermal Systems
Wind (land-based)
Wind (offshore)
Alternative Transportation Fuels and Modes
Biofuels
Electric Vehicles
Hybrid Electric Vehicles
Hydrogen
Liquefied Natural Gas
Mass Transportation
Electrical Transmission and Distribution
On Island Transmission
Land/Sea Cable Transition Sites
Undersea Cable Corridors
Smart Grid
Energy Storage

    The PEIS will analyze the potential environmental impacts of only 
those clean energy activities and technologies that are eligible under 
Hawai'i's Renewable Portfolio Standard or Energy Efficiency Portfolio 
Standard. It will analyze these potential impacts, as

[[Page 47830]]

appropriate, on an island-by-island basis for the islands of Hawai'i, 
Kaua'i, L[amacr]na'i, Maui, Moloka'i, and O'ahu. The PEIS will build 
upon the environmental and technical studies and public comments and 
outreach conducted to date.
    The energy efficiency activities and renewable energy technologies 
and resources available in Hawai'i, including distributed and utility-
scale renewable energy, vary by island and in commercial availability 
and economic viability. Furthermore, as in all utility systems, 
Hawai'i's ability to incorporate clean energy into individual island 
grids can be limited by the capacity of the power transmission system. 
Thus, DOE will consider several factors in determining the appropriate 
level of detail for analyzing the potential environmental impacts of 
each form of clean energy in the PEIS. These factors may include the 
potential to make a timely contribution to the HCEI goal; stage of 
technical development; commercial availability; and potential for 
significant environmental impacts. Similarly, DOE will consider the 
conditions on an individual island to help determine the appropriate 
level of detail for analysis of potential impacts on that island. In 
other words, the PEIS will not assume that each energy efficiency 
activity or renewable energy technology has the same potential for use 
on each island or that it would result in the same potential 
environmental impacts on each island.
    The PEIS may identify (a) general geographical areas suitable for 
development of renewable energy resources, (b) combinations of energy 
efficiency activities and renewable energy technologies that may be 
both feasible and efficient in helping Hawai'i meet its HCEI goal, and 
(c) selection criteria and priorities that DOE could consider when 
reviewing project-specific proposals. In addition, the PEIS will 
provide information needed to consider the potential environmental 
impacts from clean energy activities and technologies. As a result, DOE 
will have information relevant to prioritizing future funding or other 
decisions. This could help DOE avoid redundancies and inefficiencies in 
future project development and decision-making.
    The PEIS also will analyze, as connected actions or for cumulative 
impacts, on-going and reasonably foreseeable actions by other entities 
that could contribute to meeting Hawai'i's clean energy goals. Such 
energy efficiency and renewable energy actions could be proposed or 
undertaken by other federal agencies, state or local government 
agencies, or private parties.

No-Action Alternative

    Under the no-action alternative, DOE would continue to support, 
through funding and other actions, Hawai'i in meeting the HCEI goal on 
a case-by-case basis, but without guidance to integrate and prioritize 
funding decisions and other actions.

5. Preliminary Identification of Environmental Issues

    The PEIS will evaluate the full range of potential environmental, 
including cultural and socioeconomic, impacts associated with 
implementing clean energy activities and technologies on the islands of 
Hawai'i, Kaua'i, L[amacr]na'i, Maui, Moloka'i, and O'ahu.
    The following environmental resource areas have been tentatively 
identified for consideration in the EIS:
     Cultural and historical resources.
     Air quality (including climate change and greenhouse gas 
emissions).
     Water resources.
     Floodplains and wetlands.
     Coastal zone management.
     Geology and soils.
     Land and submerged land use.
     Biological resources (including threatened and endangered 
species, special status species, and related sensitive resources).
     Land and marine transportation.
     Airspace management.
     Public health and safety.
     Noise.
     Natural hazards.
     Hazardous materials and waste management.
     Accidents and intentional destructive acts.
     Recreational resources.
     Visual resources.
     Socioeconomics.
     Environmental justice (disproportionately high and adverse 
impacts to minority and low-income populations).
     Utilities and infrastructure.
     Cumulative impacts (past, present, and reasonably 
foreseeable future actions).
     Irreversible and irretrievable commitments of resources.

6. Public Participation: Scoping, EIS Distribution, Schedule

    Public scoping meetings will be conducted at the following times 
and locations:

 September 11, 2012, 5:00-8:30 p.m. at O'ahu, McKinley High 
School, 1039 South King Street, Honolulu, HI 96814
 September 12, 2012, 5:30-9:00 p.m. at Kaua'i, Kaua'i War 
Memorial Convention Hall, 4191 Hardy Street, Lihue, HI 96766
 September 13, 2012, 5-8:30 p.m. at Hawai'i, Kealakehe High 
School, 74-5000 Puohulihuli Street, Kailua-Kona, HI 96740
 September 14, 2012, 5-8:30 p.m. at Hawai'i, Hilo High School, 
556 Waianuenue Avenue, Hilo, HI 96720
 September 17, 2012, 5:30-9 p.m. at Maui, Pomaika'i Elementary 
School, 4650 South Kamehameha Avenue, Kahului, HI 96732
 September 18, 2012, 5-8:30 p.m. at L[amacr]na'i, L[amacr]na'i 
High & Elementary School, 555 Fraser Avenue, Lanai City, HI 96763
 September 19, 2012, 5:30-9 p.m. at Molokai, Mitchell Pau`ole 
Community Center, 90 Ainoa Street, Kaunakakai, Molokai, HI 96748
 September 20, 2012, 5-8:30 p.m. at O'ahu, James B. Castle High 
School, 45-386 Kaneohe Bay Drive, Kaneohe, HI 96744

    Each scoping meeting will involve: a presentation that describes 
the NEPA process and the concept of a Programmatic EIS; a question and 
answer session; and a formal commenting session, which will be 
transcribed by a court reporter to ensure that all comments are 
available to DOE for consideration during preparation of the draft 
PEIS. The meetings will provide opportunities to view exhibits on 
potential clean energy approaches, ask questions, and submit comments 
orally or in writing. Representatives from DOE, Hawai'i, BOEM, and any 
other involved agencies will be available to answer questions and 
provide additional information to participants. Individuals who submit 
comments during the scoping process and provide their contact 
information will receive copies of the draft PEIS. The format of the 
draft PEIS provided could be a printed summary and CD of the complete 
document, a CD of the document, Web site access to the document, or a 
complete printed document, according to the commenter's format 
preference. Persons who do not submit comments during scoping, but 
would like to receive a copy of the draft PEIS when it is issued, 
should submit a request as provided in the ADDRESSES section and 
specify their format preference.
    Information on the Hawai'i Clean Energy PEIS is available on the 
PEIS Web site at http://www.hawaiicleanenergypeis.com. Materials 
relating to this PEIS also will be available at the public libraries 
listed below and several additional public libraries across the State 
of Hawai'i (for a complete list, see the PEIS Web site):
     Hawai'i State Library, 478 South King Street, Honolulu, HI 
96813.

[[Page 47831]]

     L[amacr]na'i Public and School Library, 555 Fraser Ave, 
L[amacr]na'i City, HI 96763.
     Wailuku Public Library, 251 High Street, Wailuku, HI 
96793.
     Moloka`i Public Library, 15 Ala Malama, Kaunakakai, HI 
96748.
     Hilo Public Library, 300 Waianuenue Ave, Hilo, HI 96720.
     Kailua-Kona Public Library, 75-138 Hualalai Road, Kailua-
Kona, HI 96740.
     Lihu`e Public Library, 4344 Hardy Street, Lihu`e, HI 
96766.
    In preparing the draft PEIS, DOE will consider comments received 
during the scoping period and will consider late comments to the extent 
practicable. DOE plans to issue the draft PEIS in 2013. The U.S. 
Environmental Protection Agency (EPA) will publish a Notice of 
Availability (NOA) of the draft PEIS in the Federal Register, which 
will begin a minimum 45-day public comment period. DOE will announce 
how to comment on the draft PEIS and will hold public hearings during 
the public comment period, but no sooner than 15 days after the NOA of 
the draft PEIS is published.
    In preparing the final PEIS, DOE will respond to comments received 
on the draft PEIS. DOE plans to issue the final PEIS in 2014. No sooner 
than 30 days after EPA publishes a NOA of the final PEIS, DOE may issue 
its Record of Decision regarding its actions considered in the PEIS.

    Issued in Washington, DC, on August 3, 2012.
Patricia Hoffman,
Assistant Secretary for Electricity Delivery and Energy Reliability.
[FR Doc. 2012-19647 Filed 8-9-12; 8:45 am]
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