[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Pages 30639-30641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13094]
[[Page 30639]]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Farm Service Agency
Final Environmental Assessment and Mitigated Finding of No
Significant Impact; Giant Miscanthus in Arkansas, Missouri, Ohio, and
Pennsylvania
AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.
ACTION: Notice; Mitigated Finding of No Significant Impact.
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SUMMARY: This notice announces the final environmental assessment (EA)
that includes a mitigated finding of no significant impact (FONSI) for
the proposed establishment and production of giant miscanthus
(Miscanthus X giganteus) as a dedicated energy crop to be grown in the
Aloterra Energy and MFA Oil Biomass Company (project sponsors) proposed
project areas in Arkansas, Missouri, Ohio, and Pennsylvania as part of
the Biomass Crop Assistance Program (BCAP). Based on comments received
on the draft and in consultation with NRCS and ARS, FSA developed and
included a finalized mitigation and monitoring plan as a part of the
final EA.
ADDRESSES: For a copy of mitigated FONSI, which is in the final EA, by
any following methods:
Through the FSA home page at http://www.fsa.usda.gov/FSA/webapp?area=home&subject=ecrc&topic=nep-cd;
E-mail: [email protected], with the following
subject line: ``Request for copy FONSI and final Giant Miscanthus EA'';
Write to: Giant Miscanthus EA Copies, Integrated
Environmental Solutions, LLC, 2150 S Central Expy, Ste 110, McKinney,
TX 75070.
FOR FURTHER INFORMATION CONTACT: Matthew Ponish, (202) 720-6853.
Persons with disabilities who require alternative means for
communication (braille, large print, audio tape, etc.) should contact
the USDA Target Center at (202) 720-2600 (voice and TDD).
SUPPLEMENTARY INFORMATION:
The Aloterra Energy and MFA Oil Biomass Company submitted a
proposal to the Farm Service Agency (FSA) to establish BCAP project
areas in Arkansas, Missouri, Ohio, and Pennsylvania. The proposal is to
establish and produce giant miscanthus as a dedicated energy crop. FSA
analyzed the potential environmental impacts of growing giant
miscanthus in those areas in the final EA. FSA reviewed and considered
all comments submitted on the draft EA in response to the notice
published in the Federal Register on April 8, 2011 (76 FR 19741) and
used additional inputs from the Natural Resources Conservation Service
(NRCS) and the Agricultural Research Service (ARS) in developing the
final EA and the mitigation and monitoring plan as described in this
notice. In the final EA, FSA has issued a mitigated FONSI on the
proposal.
The final EA and mitigation and monitoring plan for the proposed
BCAP project areas supporting the establishment and production of Giant
Miscanthus (Miscanthus X giganteus) in Arkansas, Missouri, Ohio, and
Pennsylvania sponsored by Aloterra Energy LLC and MFA Oil Biomass LLC
is now available.
Comments Received
FSA received 54 comments on the draft EA from Federal agencies,
State agencies, non-governmental organizations, and individuals. Of
those comments, 37 commenters supported the proposal and 10 were
against the proposal. In the comments, 280 issues were raised
concerning many resource topics, National Environmental Policy Act
(NEPA) requirements, and BCAP issues. Multiple commenters included air
quality; biodiversity; invasiveness; land use changes; long-term
monitoring and mitigation; mitigation measures; pests and diseases;
seed sterility; species of concern and State-listed protected species;
water quality; and water use. The comments were addressed and are
included as an appendix to the Final EA.
The comments, as well as consultation with NRCS and ARS, provided
the basis for the mitigation measures and monitoring activities that
will occur within each project area. More site-specific measures, which
may be more stringent than the overall project area measures, depending
upon the individual contract acreage and the project area, will be
identified during the development of the individual producer's
conservation plan, developed with the assistance of a qualified
technical service provider.
The Record of Decision for the Final BCAP Programmatic
Environmental Impact Statement published in the Federal Register on
October 27, 2010 (75 FR 65995-66007) is incorporated by reference in
the EA. FSA considered the conditions specified in the record of
decision and comments to the draft EA, as a result, FSA determined that
it should do an EA to make a determination about whether there could be
significant environmental impacts. The findings of the Final EA and
mitigation and monitoring plan are summarized below.
Decision
FSA, on behalf of the Commodity Credit Corporation (CCC), has
prepared an EA to evaluate the environmental consequences associated
with establishing BCAP project areas that support the establishment and
production of giant miscanthus (Miscanthus X giganteus) on 50,000 acres
per proposed project area (200,000 acres total) by 2014. BCAP is a
program authorized by the Food, Conservation, and Energy Act of 2008
(Pub. L. 110-246, commonly referred to as the 2008 Farm Bill) that
provides financial assistance to contract producers in approved project
areas for the establishment and production of perennial bioenergy crops
and annual bioenergy crops that show exceptional promise for producing
bioenergy or biofuels that preserve natural resources and that are not
primarily grown for food or animal feed.
The purpose of the Proposed Action is to support the establishment
and production of giant miscanthus as a crop for energy production to
be grown by BCAP participants in the project areas proposed in
Arkansas, Missouri, Ohio, and Pennsylvania. The need for the Proposed
Action is to provide renewable biomass feedstock to a Biomass
Conversion Facility (BCF) for use in energy production with and
potentially outside the immediate region(s).
Proposed Action
Aloterra Energy LLC and MFA Oil Biomass LLC (project sponsors) are
proposing that FSA establishes BCAP project areas that support the
establishment and production of giant miscanthus on 50,000 acres per
proposed project area (200,000 total acres) by 2014, with crop
longevity of 20 to 30 years. The acreage projected to be enrolled
within the proposed project areas are marginal croplands and
pastureland.
The proposed project areas are located in four States in four
distinct proposed project areas. Missouri contains two proposed project
areas: Columbia and Aurora. Arkansas contains one proposed project
area: Paragould. Ohio and Pennsylvania contain the final proposed
project area: Ashtabula. Each proposed project area is named for the
approximate location of the BCF that will be used to process the giant
miscanthus biomass into pellets to be shipped to other location. Each
proposed project area was developed at
[[Page 30640]]
an approximate 50-mile radius from the approximate BCAP location in
that area.
The establishment and production of giant miscanthus would begin
with centralized propagation acres on each farm, which would be
distributed to plantation acres during the next growing season. During
the 2011 planting season, the initial establishment would require a
centralized location within each proposed project area with center-
pivot irrigation due to the timing of planting and current climatic
conditions occurring during the growing season. The centralized
propagation area for the entire proposed project area would only occur
for the 2011 planting season; all other planting seasons would follow
the on-farm model with the initial establishment of propagation acres,
followed by plantation acres the following growing season.
Equipment to be used to establish giant miscanthus would be
modified equipment from existing perennial grass industries. Equipment
used to harvest and bale giant miscanthus would be similar to existing
types of agricultural machinery used for hay crops; however, they would
need to be more heavy-duty due to the increased biomass amounts being
harvested and baled.
Reasons for Mitigated Finding of No Significant Impact
In consideration of the analysis documented in the EA and the
reasons outlined in the FONSI, the Proposed Action would not constitute
a major Federal action that would significantly affect the human
environment. Therefore, an environmental impact statement (EIS) will
not be prepared. The determination is based on the following:
1. The Proposed Action as outlined in the EA would provide minor
beneficial effects to socioeconomics, soil resources, and water quality
and quantity of the local areas due to diversified agricultural
production, establishment of perennial vegetation on highly erodible
soils, and estimated higher water use efficiency of the species to be
established.
2. The Proposed Action could result in minor negative effects from
land use changes associated with marginal and idle croplands and
pasturelands returning to agricultural production; vegetation
composition on pasturelands, which in turn could alter wildlife
habitat, and water quantity due to increased water use of the species
when compared to annual species, such as traditional row crops. The
potential negative effects would be minimized through the use of the
mitigation and monitoring plan, described below and in the EA.
3. The Proposed Action would require site specific environmental
screening for each producer contract initiated with FSA for inclusion
as a producer within the proposed project areas. The environmental
screening would identify either the field level resources that would be
needed to be avoided or the effects could be minimized through
mitigation efforts as described in the EA.
4. The potential beneficial and adverse impacts of implementing the
Proposed Action have been fully considered within the EA. No
significant adverse direct or indirect effects were identified, based
on the resource analyses provided.
5. The Proposed Action would not involve effects to the quality of
the human environment that are likely to be highly controversial.
6. The Proposed Action would not establish a precedent for future
actions with significant effects and does not represent a decision in
principle about a future consideration.
7. The Proposed Action does not result in cumulative significant
impacts when considered with other actions that also individually have
insignificant impacts. Cumulative impacts of implementing the Proposed
Action were determined to be not significant.
8. The Proposed Action would not have adverse effects on threatened
or endangered species or designated critical habitat since site
specific analyses would be undertaken for each producer contract within
each proposed BCAP project area to avoid adverse effects to the
protected species.
9. The Proposed Action does not threaten a violation of Federal,
State, or local law or requirements imposed for the protection of the
environment.
Overview of the Mitigation and Monitoring Plan
To avoid more than minor adverse effects to the human and natural
environment, a mitigation and monitoring plan was developed to address
each of the resource areas analyzed in detail within the EA. One of the
primary components of the mitigation and monitoring plan is producer
education. The education component, to be held twice annually for
active producers with an orientation program for new producers,
outlines best practice standards across an array of resource areas and
topics to ensure effective establishment and management of the giant
miscanthus fields. In addition to the educational component, producers
will be required to submit annual reports to the Project Sponsors
detailing many aspects of production and allows for a greater
understanding of how this species will grow in a production setting.
More specifically, FSA, with cooperation from NRCS, ARS and the project
sponsors, is proposing the following mitigation and monitoring
measures. The following mitigation and monitoring measures have been
developed based on the current literature and in some cases,
conservative estimates relating to existing standards for other
conservation programs and practices, but not specified to giant
miscanthus.
Biannual producer meetings to discuss new developments in
production, management, pest and disease treatment, and eradication.
New producer orientation to discuss production methods;
management activities; potential for spread of giant miscanthus,
treatment methods, and responsibilities; pest and disease
identification, treatment methods, and responsibilities; eradication
methods, if necessary; and reporting requirements.
Producer Conservation Plans to include site specific best
management practices (BMPs), which could include, but not be limited
to, NRCS Conservation Practice Standards (CPS) for soil erosion,
pesticide use and application, fertilizer use and application, and
other relevant areas for each specific site.
Setbacks and buffers to manage the giant miscanthus stand
and to prevent unintentional spread of the giant miscanthus follow all
local, state, or Federal regulations for containment of biomass
plantings in the existence at the time of development of the producer's
conservation plan or through an amendment of the conservation plan
initiated by the producer and approved by FSA and NRCS, if determined
appropriate for the site-specific conditions. If no such guidance
exists, minimum procedures to prevent unintentional spread of giant
miscanthus include the following:
[cir] Establish or maintain a minimum 25 feet of setback or border
around a giant miscanthus stand, unless the field is adjacent to
existing cropland or actively managed pasture with the same operator.
[cir] Setback or border areas may be planted to an annual row crop
such as corn or soybeans; may be planted to a site-adapted, perennial
cool-season or warm-season forage or turf grass; may be kept in
existing vegetation; or kept clear by disking, rotovating, or treating
with a non-selective burn down herbicide at least once a year. The
method used may
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be dependent on slope and the potential for erosion.
Use only the sterile variety of giant miscanthus cultivar
known as the ``Illinois Clone'' within the proposed project areas; all
Illinois Clone cultivars must be approved for planting under Aloterra's
membership through the Ohio Seed Improvement Association's Quality
Assurance program.
Initiate a seed sampling program to determine the on-going
sterility of seeds produced from the acres within the project areas.
The seed sampling program includes recommended actions specified in the
mitigation and monitoring plan, including eradication, if a seed sample
returns viable seed.
Exclusion of planting giant miscanthus on certain acreage
within the project areas, depending upon certain site-specific
conditions specified in the mitigation and monitoring plan, like those
lands subject to frequest flooding events.
Develop monitoring program to identify:
(1) Notify both United States Department of Agriculture (USDA) and
the project sponsors of any spread of giant miscanthus outside of
planted fields as soon as possible after identification of the spread,
(2) Notify the project sponsors of the identification of diseases
and pests as soon as possible after identification and;
(3) Include wildlife use or changes in use in the annual producer
report specify all; a USDA representative will conduct an annual field
visit to monitor the site and to look for potential spread of
Miscanthus beyond the site and;
(4) USDA will work with local weed control districts to provide
additional monitoring and evaluation of the sites as appropriate.
Annual producer reporting, to include land use tracking
with the average and total size of enrolled fields; prior land use;
rationale for land use change; spread of giant miscanthus outside of
planted fields; any pests or diseases identification; the use of
pesticides or herbicides to control unwanted spread of giant miscanthus
or pests or diseases; BMP and CPS incorporated into field management,
such as erosion control structures or materials, vegetative barriers,
etc.; fertilizer usage and application methods; and cost data.
Determination
In accordance with NEPA and FSA environmental regulations at 7 CFR
part 799 that implemented the regulation of the Council on
Environmental Quality (40 CFR parts 1500-1508), I find that the
Proposed Action and associated mitigation measures do not constitute a
major Federal action significantly affecting the quality of the human
environment. Therefore, no environmental impact statement will be
prepared.
I make these findings and determination today, May 23, 2011, in
Washington, DC, effective immediately. This notice will be published on
our Web site and in the Federal Register.
Signed: May 20, 2011.
Bruce Nelson,
Acting Executive Vice President, Commodity Credit Corporation, and
Acting Administrator, Farm Service Agency.
[FR Doc. 2011-13094 Filed 5-25-11; 8:45 am]
BILLING CODE 3410-05-P