| Abstract |
This paper addresses the federal and state regulatory programs that apply to the development of geothermal projects on public and tribal lands. It summarizes the key requirements and considerations presented by each of the programs, and evaluates the benefits that may be obtained by project proponents from recent permit streamlining efforts. These include Governor Schwarzenegger’s November 2008 alternative energy executive order, implementing memoranda of understanding, and the Bureau of Land Management’s Programmatic Environmental Impact Statement. While these programs are challenging, they can be successfully navigated by a comprehensive and integrated permitting strategy taking advantage of permit streamlining opportunities. Geothermal energy projects offer significant environmental benefits when compared to fossil-fueled generation options. In particular, greenhouse gas emissions are considerably lower than those from fossil-fueled sources. As a result, geothermal energy has been identified as a priority area for development by the federal government and by several state governments, including California. Streamlined permitting processes have been established. Nonetheless, geothermal projects face a maze of environmental regulations, requiring a sophisticated and coordinated strategy for obtaining necessary environmental entitlements. Although environmental impacts from geothermal development are generally less than those resulting from other technologies, geothermal projects can still have impacts in the following areas: • Habitat disturbance (animals, plants, wetlands) • Visual impacts (facilities, steam plumes) • Cultural/historical resources impacts • Air emissions (construction equipment emissions, fugitive dust, hydrogen sulfide, carbon dioxide) • Water use • Wastewater discharges • Hazardous materials and waste • Noise • Land use compatibility (i.e., recreation) Each of these can trigger permitting or other regulatory requirements. The Bureau of Land Management (BLM) geothermal leasing regulations were substantially modified in 2007 to incorporate provisions of the 2005 Energy Policy Act. The revised regulations include qualitative requirements to: protect the quality of waters, air, and other natural resources, including wildlife, and natural history; prevent “unnecessary or undue degradation” of land; protect cultural, scenic, and recreational resources; accommodate other land uses; and minimize noise. The regulations also prohibit leasing in National Parks, National Recreation Areas, Indian Trust lands outside of Indian Reservations, and Wilderness Areas or Wilderness Study Areas, except those study areas established by Congress where leasing is expressly allowed. The regulations also limit effects on any “significant thermal feature” in listed National Parks and may require collection of environmental data for up to 1 year before operations. Failure to comply with environmental requirements can be a basis for lease revocation. |