Environmental Impacts of Wind-Energy Projects (2007) / Chapter Skim
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5 Planning for and Regulating Wind-Energy Development
5 Planning for and Regulating Wind-Energy Development
Pages 180-218
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From page 180... ...
Policy tools related to wind energy, including national and regional goals, tax incentives, and subsidies, have been discussed in Chapter 2, so we concentrate on planning and regulation here. "Planning" -- whether legally mandated or not -- is a process that typically involves establishing goals; assessing resources and constraints, as well as likely future conditions; and 180
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From page 181... ...
The chapter begins with a review of guidelines that have been developed to direct wind-energy planning and/or regulation. Some of these have been promulgated by governmental or non-governmental organizations concerned with limited aspects of wind energy, such as the guidelines for reducing wildlife impacts developed by the U.S.
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From page 182... ...
. This document advises local authorities on planning for wind energy in order to ensure consistency throughout the country in identifying suitable locations and in reviewing applications for wind-energy projects.
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. Intended for those involved in evaluating wind-energy projects, the handbook describes the five typical phases of permitting processes for energy facilities, including wind turbines and transmission facilities: (1)
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184 ENVIRONMENTAL IMPACTS OF WIND-ENERGY PROJECTS BOX 5-1 Planning for Wind-Energy Development in Denmark Until the beginning of the 1990s, the approach in Denmark (like the U.S. approach today)
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18 PLANNING FOR AND REGULATING WIND-ENERGY DEVELOPMENT The EIA must describe the landscape surrounding the site, with emphasis on anything that may be affected during the construction or operation phases of the project. Protected species of flora and fauna require special consideration, as do birds protected under international agreements.
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U.S. Fish and Wildlife Service Interim Guidelines On May 13, 2003, the USFWS released "Interim Guidance on Avoiding and Minimizing Wildlife Impacts from Wind Turbines" (USFWS 2003)
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• Turbine locations should be noted on aviation maps. The guidelines include recommendations regarding: • A two-step site evaluation protocol (first, identify and evaluate reference sites -- i.e., high-quality wildlife areas; second, evaluate potential development sites to determine risk to wildlife and rank sites against each other using the highest-ranking reference site as a standard)
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From page 188... ...
The guidelines were circulated to the public with a request for review and the Service recently announced the development of a Federal Advisory Committee Act-compliant collaborative effort to revise the guidelines based on public comment. State and Regional Guidelines Several states with wind resources have developed guidelines for siting and/or permitting wind-energy projects.
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From page 189... ...
Guidelines Directed Toward Local Regulation In some cases, the guidelines that states have developed are intended to serve as models for local ordinances and local-level review processes. The "Michigan Siting Guidelines for Wind Energy Systems" (MIDLEG 2005)
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10 ENVIRONMENTAL IMPACTS OF WIND-ENERGY PROJECTS BOX 5-3 Guidelines for Planning and Regulatory Review of Wind Energy in the Berkshires, Massachusetts Perhaps as a result of interest in wind-energy project development in the M assachusetts Berkshire region, the Berkshire Regional Planning Commission developed "Wind Power Siting Guidelines" (BRPC 2004)
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From page 191... ...
in order to expedite wind-energy development in response to National Energy Policy recommendations. The Wind Energy Development Program, which is to be implemented on BLM land in 11 western states, establishes policies and best-management practices addressing impacts to natural and cultural resources (BLM 2005b)
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(Another potential federal "nexus" for wind energy -- the federal production-tax credit for renewable energy facilities [see Chapter 2] -- does not trigger review under the NEPA.)
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Thus, the ESA provisions could affect wind-energy development not only via mortality of birds and bats due to collisions with wind turbines, but also via mortality or habitat loss for endangered or threatened species due to construction and operation of wind-energy facilities. The ESA does allow incidental taking of a protected species (i.e., taking that is incidental to an otherwise legal activity)
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From page 194... ...
Before construction begins, the developer also must ensure that the requirements of various federal laws and regulations protecting historic and archeological resources are met. Provisions such as these apply to all types of construction, not just wind energy, and we will not consider them in any detail here.
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. State and local regulations that govern construction and development projects typically apply to wind-energy projects as well.
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. In May 2005, West Virginia finalized specific provisions pertaining to wind-energy facilities in its Public Service Commission procedures (WVPSC 2005)
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The Pennsylvania model ordinance contains no environmental provisions except during decommissioning, when re-seeding after grading is required. It does provide guidance on visual appearance of wind turbines and related infrastructure, sound levels, shadow flicker, minimum property setbacks, interference with communications devices, protection of public roads, liability insurance, decommissioning, and dispute resolution.
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From page 198... ...
In other states, this function is performed by another state agency or by a regional or local body. Most wind-energy projects do not have a federal nexus that triggers NEPA review (see above)
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Even states that have only local review of wind-energy projects, such as Pennsylvania, prescribe a long list of factors for which the applicant should provide information to the review process (e.g., Lycoming County 2005)
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West Virginia's recent additions to its utilities review process to address wind-energy development are unusual in prescribing the duration and time of year for studies on birds and bats near proposed wind-energy projects (GAO 2005, p.
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201 PLANNING FOR AND REGULATING WIND-ENERGY DEVELOPMENT state, federal, and local government agencies, in addition to adjoining property owners and the general public. There may be different categories of participation, depending partly on the type of decision process followed in a particular jurisdiction.
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Balancing Pluses and Minuses Once regulatory authorities receive information on environmental effects, costs, and technical specifications for proposed wind-energy developments, they are charged to decide whether to allow the development to go forward, and with what, if any, conditions to ameliorate negative effects. Directions for this complex weighing of pluses and minuses of using wind energy are scant and generally limited to general statements about "balancing" interests and acting "in the public good," resulting in a holistic balancing of positive and negative impacts of the proposed development, rather than a decision based on clearly stated decision criteria.
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From page 203... ...
In Maryland, applicants are required to comply with environmental regulations, and conditions may be imposed to mitigate adverse impacts on environmental and cultural resources, but what constitutes compliance and what may be required for mitigation are open to interpretation in particular cases. Maryland's Wind Power Technical Advisory Group, a non-regulatory body from the Power Plant Research Program, has recommended standards for siting, operating, and monitoring wind-energy projects to minimize negative effects on birds and bats (MD Windpower TAG 2006)
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. A Critique of Planning and Regulatory Review Wind energy is a recent addition to the energy mix in most areas, and regulation of wind-energy development is evolving rapidly.
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For example, they can be designated "interveners," which entitles them to privileges such as cross-examining experts and receiving copies of all filings in a contested case. The Vermont Commission on Wind Energy Regulatory Policy made numerous recommendations concerning public participation in the regulatory process, addressing issues such as advance notice to communities and affected individuals prior to filing, the number and timing of public hearings, the definition of "affected communities," and information and assistance to increase public understanding of and participation in the regulatory process.
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206 ENVIRONMENTAL IMPACTS OF WIND-ENERGY PROJECTS versial facilities are sited disproportionately in low-income or otherwise politically weak neighborhoods, where citizens may lack educational and political resources to represent their own interests effectively. Here, level of review may cut both ways: developers might take advantage of strictly local review to site facilities where oversight is weak, or state-level review might consistently place the interests of the larger public ahead of the interests of a politically weak local population.
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From page 207... ...
In Vermont, rather than specifying the same deadline for all utility proposals, state statutes require the utilities board to set timelines for each proposal based on its complexity; once set, all the parties to the review are held to the timelines (Vermont Commission on Wind Energy Regulatory Policy 2004)
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For example, access to the Mountaineer Project in West Virginia to conduct studies of bird and bat fatalities was discontinued by the project owner (E. Arnett, Bat Conservation International, personal communication 2005)
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noted, broader review may facilitate better consideration of cumulative effects than strictly local review. In addition, wind turbines can be large in relation to natural landscape features, extending their effects (e.g., visual impact)
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. In Vermont, the state utilities board can hire independent experts at the expense of the developer to assist the state in its review (Vermont Commission on Wind Energy Regulatory Policy 2004)
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In addition, the U.S. system, with its private ownership of most energy facilities and with its prevailing emphasis on markets as the best arbiters of balancing the costs and benefits of energy projects, offers few opportunities for thorough public deliberation on the full spectrum of positive and negative effects of a particular energy facility.
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Evaluation Guide The evaluation guide presented here represents a step toward a realistic, workable framework for reviewing proposed and evaluating existing wind-energy projects. If this guide is followed and adequately documented, the results will provide a basis not only for evaluating an individual wind
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to enhance the benefits of wind energy while minimizing negative impacts would help in planning and regulating wind-energy development at smaller scales. Uncertainty about what policy tools will be in force hampers proactive planning for wind development.
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214 ENVIRONMENTAL IMPACTS OF WIND-ENERGY PROJECTS BOX 5-4 Guide for Evaluating Wind-Energy Projects Policy, Planning, and Public Relations 1. Are the relevant energy policies and planning processes clearly defined at all jurisdic tional levels, and are they coordinated and aligned among federal, state, and local levels?
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Cumulative Effects 1. How will cumulative effects be assessed, and what will be included in that assessment (i.e., the effects only of other wind-energy installations, or of all other electricity generators, or of all other anthropogenic impacts on the area)
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Conclusion There is little anticipatory planning for wind-energy projects, and it is not clear whether mechanisms currently exist that could incorporate such planning in regulatory decisions even if such planning occurred. Recommendation Regulatory reviews of individual wind-energy projects should be preceded by coordinated, anticipatory planning whenever possible.
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From page 217... ...
Conclusion Using an evaluation guide to organize regulatory review processes -- such as the guide we have provided here -- can help achieve comprehensive and consistent regulation, coordinated across jurisdictional levels and across types of effects. Recommendation Regulatory agencies should adopt and routinely use an evaluation guide in their reviews of wind-energy projects.
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From page 218... ...
The disparities in scale, while not unique to wind energy, complicate the evaluation of tradeoffs. Recommendation Representatives of federal, state, and local governments should work with wind-energy developers, non-governmental organizations, and other interest groups and experts to develop guidelines for addressing tradeoffs between benefits and costs of wind-energy generation of electricity that occur at widely different scales, including life-cycle effects.
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