Why the West-wide Energy Corridor Programmatic EIS Was Prepared

The Agencies concluded that preparing a programmatic environmental impact statement (PEIS) to examine region-wide environmental concerns was appropriate, even in the absence of on-the ground environmental impacts resulting from the designation.

Section 368 of the Energy Policy Act of 2005 (the Act), Public Law 109-58 (H.R. 6), enacted August 8, 2005, directed the Secretaries of Agriculture, Commerce, Defense, Energy, and the Interior (the Agencies) to designate under their respective authorities corridors on federal land in eleven Western States for oil, gas and hydrogen pipelines and electricity transmission and distribution facilities (energy corridors).

The full text of Section 368 is as follows:

SEC. 368. ENERGY RIGHT–OF–WAY CORRIDORS ON FEDERAL LAND.

(a) Western States– Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, and the Secretary of the Interior (in this section referred to collectively as ‘the Secretaries’), in consultation with the Federal Energy Regulatory Commission, States, tribal or local units of governments as appropriate, affected utility industries, and other interested persons, shall consult with each other and shall--

(1) designate, under their respective authorities, corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on federal land in the eleven contiguous Western States (as defined in section 103(o) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(o));
(2) perform any environmental reviews that may be required to complete the designation of such corridors; and
(3) incorporate the designated corridors into the relevant agency land use and resource management plans or equivalent plans.

(b) Other States– Not later than 4 years after the date of enactment of this Act, the Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested persons, shall jointly--

(1) identify corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on federal land in States other than those described in subsection (a); and
(2) schedule prompt action to identify, designate, and incorporate the corridors into the applicable land use plans.

(c) Ongoing Responsibilities– The Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested parties, shall establish procedures under their respective authorities that--

(1) ensure that additional corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on federal land are promptly identified and designated as necessary; and
(2) expedite applications to construct or modify oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities within such corridors, taking into account prior analyses and environmental reviews undertaken during the designation of such corridors.

(d) Considerations– In carrying out this section, the Secretaries shall take into account the need for upgraded and new electricity transmission and distribution facilities to--

(1) improve reliability;
(2) relieve congestion; and
(3) enhance the capability of the national grid to deliver electricity.

(e) Specifications of Corridor– A corridor designated under this section shall, at a minimum, specify the centerline, width, and compatible uses of the corridor.

Environmental Review

Section 368 required the Agencies to conduct any “environmental reviews” necessary to complete the designation of Section 368 energy corridors. The designation of Section 368 energy corridors does not result in any direct impacts on the ground that may significantly affect the quality of the human environment.

Nevertheless, the Agencies decided to prepare a PEIS to conduct a detailed environmental analysis at the programmatic level and to integrate the National Environmental Policy Act (NEPA) at the earliest possible time. The designation of more than 6,000 miles of Section 368 energy corridors among the various Agency land use plans was a forward-looking response, mandated by statute, to address a national concern.

NEPA requires that federal agencies prepare a “detailed statement for major federal actions significantly affecting the quality of the human environment.” Here, the Agencies concluded that preparing a PEIS to examine region-wide environmental concerns was appropriate, even in the absence of on-the ground environmental impacts resulting from the designation. Actual local environmental impacts must inevitably await site-specific proposals and the required site-specific environmental review. A quantifiable and accurate evaluation of impacts at the local scale can be made only in response to an actual proposed energy project, when a proposal for an action with specific environmental consequences exists.

The decision to prepare an EIS for a programmatic action such as that described by Section 368 is supported by Council on Environmental Quality (CEQ) regulations at Title 40, Part 1502.4(b), of the Code of Federal Regulations (40 CFR 1502.4(b)), which state that “Environmental Impact Statements may be prepared and are sometimes required for broad federal actions such as the adoption of new agency programs or regulations (Section 1508.8). Agencies shall prepare statements on broad actions so that they are relevant to policy and are timed to coincide with meaningful points in agency planning and decision making.”

A PEIS also allowed for early public participation in the Section 368 energy corridor designation process through a mechanism familiar to interested members of the public. The designation of several thousand miles of energy transportation corridors is a large task. The PEIS allowed the Agencies to seek public input very early in the process through open comment periods and public forums where concerns regarding Section 368 energy corridors could be raised to better inform their decision-making process.