[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16630-16633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06520]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2021-0024]


Notice of Intent To Prepare an Environmental Impact Statement for 
Ocean Wind, LLC's Proposed Wind Energy Facility Offshore New Jersey

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: Consistent with the regulations implementing the National 
Environmental Policy Act (NEPA), the Bureau of Ocean Energy Management 
(BOEM) announces its intent to prepare an Environmental Impact 
Statement (EIS) for the review of a construction and operations plan 
(COP) submitted by Ocean Wind, LLC, (Ocean Wind). The COP proposes the 
construction and operation of a wind energy facility offshore New 
Jersey with export cables connecting to the onshore electric grid in 
Ocean and Cape May Counties, New Jersey. This notice of intent (NOI) 
announces the EIS scoping process for the Ocean Wind COP. Additionally, 
this NOI seeks public comment and input under section 106 of the 
National Historic Preservation Act (NHPA) (16 U.S.C. 470f) and its 
implementing regulations (36 CFR part 800). Detailed information about 
the proposed wind energy facility, including the COP, can be found on 
BOEM's website at: https://www.boem.gov/Ocean-Wind/.

DATES: Comments should be submitted no later than April 29, 2021.
    BOEM will hold virtual public scoping meetings for the Ocean Wind 
EIS at the following dates and times (Eastern):
     Tuesday, April 13, 2021; 1:00 p.m.;
     Thursday, April 15, 2021; 5:30 p.m.; and
     Tuesday, April 20, 2021; 5:30 p.m.

ADDRESSES: Comments can be submitted in any of the following ways:
     In written form, delivered by hand or by mail, enclosed in 
an envelope labeled, ``Ocean Wind COP EIS'' and addressed to Program 
Manager, Office of Renewable Energy, Bureau of Ocean Energy Management, 
45600 Woodland Road, Sterling, Virginia 20166; or
     Through the regulations.gov web portal: Navigate to http://www.regulations.gov and search for Docket No. BOEM-2021-0024. Click on 
the ``Comment Now!'' button to the right of the document link. Enter 
your information and comment, then click ``Submit.''

FOR FURTHER INFORMATION CONTACT: Michelle Morin, BOEM Office of 
Renewable Energy Programs, 45600 Woodland Road, Sterling, Virginia 
20166, (703) 787-1340 or [email protected].

SUPPLEMENTARY INFORMATION:

Purpose and Need for the Proposed Action

    In Executive Order 14008 President Biden stated that it is the 
policy of the United States ``to organize and deploy the full capacity 
of its agencies to combat the climate crisis to implement a Government-
wide approach that reduces climate pollution in every sector of the 
economy; increases resilience to the impacts of climate change; 
protects public health; conserves our lands, waters, and biodiversity; 
delivers environmental justice; and spurs well-paying union jobs and 
economic growth, especially through innovation, commercialization, and 
deployment of clean energy technologies and infrastructure.''
    Through a competitive leasing process under 30 CFR 585.211, Ocean 
Wind was

[[Page 16631]]

awarded Commercial Lease OCS-A 0498 (the Lease Area) offshore New 
Jersey. Ocean Wind has the exclusive right to submit a COP for 
activities within the Lease Area, and it has submitted a COP to BOEM 
proposing the construction and installation, operations and 
maintenance, and conceptual decommissioning of an offshore wind energy 
facility in the Lease Area (the Project).
    The goal of Ocean Wind is to develop a commercial-scale, offshore 
wind energy facility in the Lease Area with up to 98 wind turbine 
generators, inter-array cables, up to three offshore substations, two 
onshore substations, and two transmission cables making landfall in 
Ocean County, NJ, and Cape May County, NJ. The Project would contribute 
to New Jersey's goal of 7.5 gigawatts (GW) of offshore wind energy 
generation by 2035 as outlined in New Jersey Governor's Executive Order 
No. 92, issued on November 19, 2019. Furthermore, Ocean Wind's goal to 
construct and operate a commercial-scale offshore wind energy facility 
in the Lease Area is intended to fulfill the New Jersey's Board of 
Public Utilities (BPU) September 20, 2018, solicitation for 1,100 
megawatts (MW) of offshore wind that was awarded to Ocean Wind, via the 
New Jersey BPU on June 21, 2019 (BPU Docket No. QO18121289).
    Based on the goals of the applicant and BOEM's authority, the 
purpose of BOEM's action is to respond to Ocean Wind's COP proposal and 
determine whether to approve, approve with modifications, or disapprove 
Ocean Wind's COP to construct and install, operate and maintain, and 
decommission a commercial-scale offshore wind energy facility within 
the Lease Area (the Proposed Action). BOEM's action is needed to 
further the United States policy to make Outer Continental Shelf energy 
resources available for expeditious and orderly development, subject to 
environmental safeguards (43 U.S.C. 1332(3)), including consideration 
of natural resources, safety of navigation, and existing ocean uses.
    In addition, the National Oceanic and Atmospheric Administration 
(NOAA) National Marine Fisheries Service (NMFS) anticipates receipt of 
one or more requests for authorization to take marine mammals 
incidental to activities related to the Project pursuant to the Marine 
Mammal Protection Act (MMPA). NMFS's issuance of an MMPA incidental 
take authorization is a major Federal action and, in relation to BOEM's 
action, is considered a connected action (40 CFR 1501.9(e)(1)). The 
purpose of the NMFS action--which is a direct outcome of Ocean Wind's 
request for authorization to take marine mammals incidental to the 
Project (specifically pile driving)--is to evaluate the information in 
Ocean Wind's application pursuant to the MMPA and 50 CFR part 216 and 
to issue the requested incidental take authorizations, if appropriate. 
The need for the NMFS action is to consider the impacts of authorizing 
the requested take on marine mammals and their habitat. NMFS 
responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(D)) and its 
implementing regulations establish and frame the need for NMFS action. 
NMFS intends to adopt this EIS to support its decision on any requested 
MMPA incidental take authorizations.

Preliminary Proposed Action and Alternatives

    The Proposed Action is the construction and operation of a wind 
energy facility as described in the COP submitted by Ocean Wind on 
Lease Area OCS-A 0498. In its COP, Ocean Wind is proposing the 
construction and operation of up to 98 wind turbine generators, up to 
three offshore substations, inter-array cables linking the individual 
turbines to the offshore substations, substation interconnector cables 
linking the substations to each other, and two offshore export cables 
that connect to onshore export cable systems and two onshore 
substations, providing connection to the existing electrical grid in 
New Jersey. Foundations of wind turbine generators would be monopiles. 
The wind turbine generators, offshore substations, array cables, and 
substation interconnector cables would be located on the Outer 
Continental Shelf (OCS) approximately 13 nautical miles (15 statute 
miles) southeast of Atlantic City. The offshore export cables would be 
buried below the seabed of both the OCS and New Jersey State waters. 
The onshore export cables, substations, and grid connections would be 
located in Ocean and Cape May Counties, New Jersey.
    If any other reasonable alternatives are identified during the 
scoping period, BOEM will evaluate those alternatives in the draft EIS, 
which will also include a no action alternative. Under the no action 
alternative, BOEM would disapprove the COP, and Ocean Wind's wind 
energy facility described in the COP would not be built in the Lease 
Area.
    Once BOEM completes the EIS and associated consultations, BOEM will 
decide whether to approve, approve with modification, or disapprove the 
Ocean Wind COP. If BOEM approves the COP and the Project is 
constructed, the lessee must submit a plan to decommission the 
facilities before the end of the lease term.

Summary of Expected Impacts

    The draft EIS will identify and describe the effects of the 
Proposed Action on the human environment that are reasonably 
foreseeable and have a reasonably close causal relationship to the 
Proposed Action. This includes such effects that occur at the same time 
and place as the Proposed Action or alternatives and such effects that 
are later in time or not at the same place. Expected impacts include, 
but are not limited to, impacts (both beneficial and adverse) to air 
quality, water quality, bats, benthic habitat, essential fish habitat, 
invertebrates, finfish, birds, marine mammals, terrestrial and coastal 
habitats and fauna, sea turtles, wetlands and other waters of the 
United States, commercial fisheries and for-hire recreational fishing, 
cultural resources, demographics, employment, economics, environmental 
justice, land use and coastal infrastructure, navigation and vessel 
traffic, other marine uses, recreation and tourism, and visual 
resources. The effects of these expected impacts will be analyzed in 
the draft and final EIS.
    Based on a preliminary evaluation of these resources, BOEM expects 
impacts to sea turtles and marine mammals from underwater noise caused 
by construction as well as collision risks from vessel traffic. 
Structures installed by the Project could permanently change benthic 
habitat and other fish habitat. Commercial fisheries and for-hire 
recreational fishing may be impacted. Infrastructure above the water 
may affect the visual character that defines historic properties as 
well as contributes to recreation and tourism. Project structures also 
would pose an allision and height hazard to vessels passing close by, 
and vessels would in turn pose a hazard to the structures. 
Additionally, the Project may adversely impact any future mineral 
extraction, military use, air traffic, land-based radar services, 
cables and pipelines, and scientific surveys. Beneficial impacts are 
also expected by facilitating achievement of state renewable energy 
goals, increased job opportunities, improving air quality, and reduced 
carbon emissions. The EIS will analyze measures that would avoid, 
minimize, or mitigate environmental effects.
    The draft EIS is being prepared in compliance with the recently 
revised Council on Environmental Quality (CEQ) NEPA regulations (40 CFR 
parts 1500-1508) and DOI's existing regulations (43 CFR part 46). The

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revised CEQ NEPA regulations eliminate any explicit requirement to 
analyze cumulative impacts; however, the description of the affected 
environment in the EIS will include reasonably foreseeable 
environmental trends and planned actions other than the Project.

Anticipated Permits and Authorizations

    In addition to the requested COP approval, various other Federal, 
State, and local authorizations will be required for the Ocean Wind 
Project. These include authorizations under the Endangered Species Act, 
Magnuson[hyphen]Stevens Fishery Conservation and Management Act, Marine 
Mammal Protection Act, Rivers and Harbors Act, Clean Water Act, Coastal 
Zone Management Act, and other laws and regulations determined to be 
applicable to the Project. BOEM will also conduct government-to-
government tribal consultations. For a full listing of regulatory 
requirements applicable to the Ocean Wind Project, please see the COP, 
volume I available at https://www.boem.gov/Ocean-Wind/.
    BOEM has chosen to utilize the NEPA substitution process to fulfill 
its obligations under NHPA. While BOEM's obligations under NHPA and 
NEPA are independent, the regulations implementing NHPA allow for the 
use of NEPA review to substitute for various aspects of NHPA's section 
106 (16 U.S.C. 470f) review to improve efficiency, promote transparency 
and accountability, and support a broadened discussion of potential 
effects that a project may have on the human environment. As provided 
in 36 CFR 800.8(c), the NEPA process and documentation required for the 
preparation of an EIS and record of decision (ROD) can be used to 
fulfill a lead Federal agency's NHPA section 106 review obligations in 
lieu of the procedures set forth in 36 CFR 800.3 through 800.6. During 
preparation of the EIS, BOEM will ensure that the NEPA substitution 
process will meet its NHPA obligations in a manner that successfully 
utilizes this alternative process.

Schedule for the Decision-Making Process

    After the draft EIS is completed, BOEM will publish a notice of 
availability (NOA) and request public comments on the draft EIS. BOEM 
expects to issue the NOA in May 2022. After the public comment period 
ends, BOEM will review and respond to comments received and will 
develop the final EIS. BOEM expects to make the final EIS available to 
the public in February 2023. A ROD will be completed no sooner than 30 
days after the final EIS is released, in accordance with 40 CFR 
1506.11.
    Scoping Process: This NOI commences the public scoping process for 
identifying issues and potential alternatives for consideration in the 
Ocean Wind EIS. Throughout the scoping process, Federal agencies; 
State, tribal, and local governments; and the general public have the 
opportunity to help BOEM determine significant resources and issues, 
impact-producing factors, reasonable alternatives (e.g., size, 
geographic, seasonal, or other restrictions on construction and siting 
of facilities and activities), and potential mitigation measures to be 
analyzed in the EIS as well as provide additional information. In the 
interests of efficiency, completeness, and facilitating public 
involvement, BOEM will use the NEPA process to fulfill NHPA's public 
involvement requirements established in 36 CFR 800.2(d). BOEM will 
involve the public, local governments, Indian tribes, and Ocean Wind 
and will identify other consulting parties, including consideration of 
all written requests by individuals and organizations to participate as 
consulting parties. BOEM will hold virtual public scoping meetings for 
the Ocean Wind EIS at the following dates and times (Eastern):
     Tuesday, April 13, 2021; 1:00 p.m.;
     Thursday, April 15, 2021; 5:30 p.m.; and
     Tuesday, April 20, 2021; 5:30 p.m.
    Registration for the virtual public meetings may be completed here: 
https://www.boem.gov/Ocean-Wind-Scoping-Virtual-Meetings or by calling 
(703) 787-1346.
    NEPA Cooperating Agencies: BOEM invites other Federal agencies and 
State, tribal, and local governments to consider becoming cooperating 
agencies in the preparation of this EIS. CEQ NEPA regulations specify 
that qualified agencies and governments are those with ``jurisdiction 
by law or special expertise.'' Potential cooperating agencies should 
consider their authority and capacity to assume the responsibilities of 
a cooperating agency and should be aware that an agency's role in the 
environmental analysis neither enlarges nor diminishes the final 
decision-making authority of any other agency involved in the NEPA 
process.
    Upon request, BOEM will provide potential cooperating agencies with 
a written summary of expectations for cooperating agencies, including 
time schedules, milestones, responsibilities, scope and detail of 
cooperating agencies' contributions, and availability of pre-decisional 
information. BOEM anticipates this summary will form the basis for a 
memorandum of agreement between BOEM and any non-Interior Department 
cooperating agency. Agencies also should consider the factors for 
determining cooperating agency status in CEQ's memorandum entitled 
``Cooperating Agencies in Implementing the Procedural Requirements of 
the National Environmental Policy Act'' of January 30, 2002. This 
document is available on the internet at: http://energy.gov/sites/prod/files/nepapub/nepa_documents//G-CEQ-CoopAgenciesImplem.pdf. BOEM, as 
the lead agency, will not provide financial assistance to cooperating 
agencies. Even if a governmental entity is not a cooperating agency, it 
will have opportunities to provide information and comments to BOEM 
during the public input stages of the NEPA process.
    NHPA Consulting Parties: Certain individuals and organizations with 
a demonstrated interest in the Project may request to participate as 
NHPA consulting parties under 36 CFR 800.2(c)(5)) based on their legal 
or economic stake in historic properties affected by the Project. 
Additionally, the same provision allows those with concerns about the 
Project's effect on historic properties to request to be consulting 
parties. Before issuing this NOI, BOEM compiled a list of potential 
consulting parties and, in writing, invited these potential 
participants to become consulting parties. In order to become a 
consulting party, those invited must respond in writing, preferably by 
the requested response date. Interested individuals or organizations 
that did not receive an invitation may request to be consulting parties 
by writing to the appropriate staff at ICF, which is supporting BOEM in 
its administration of this review. ICF's contact for this Project is 
January Tavel at [email protected] or (415) 677-7107. BOEM 
will determine which interested parties should be consulting parties.
    Comments: Federal agencies; tribal, State, and local governments; 
and other interested parties are requested to comment on the scope of 
this EIS, significant issues that should be addressed, and alternatives 
that should be considered. For information on how to submit comments, 
see the ADDRESSES section above.
    BOEM does not consider anonymous comments. Please include your name 
and address as part of your comment. BOEM makes all comments, including 
the names, addresses, and other personally identifiable information

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included in the comment, available for public review online and during 
regular business hours. Individuals may request that BOEM withhold 
their names or addresses from the public record; however, BOEM cannot 
guarantee that it will be able to do so. In order for BOEM to withhold 
from disclosure your personally identifiable information, you must 
identify any information contained in your comments that, if released, 
would constitute a clearly unwarranted invasion of your privacy. You 
also must briefly describe any possible harmful consequences of the 
disclosure of information, such as embarrassment, injury, or other 
harm. All submissions from organizations or businesses and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses will be made available for public 
inspection in their entirety.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    BOEM requests data, comments, views, information, analysis, 
alternatives, or suggestions from the public; affected Federal, State, 
tribal, and local governments, agencies, and offices; the scientific 
community; industry; or any other interested party on the Proposed 
Action. Specifically:
    1. Potential effects that the Proposed Action could have on 
biological resources, including bats, birds, coastal fauna, finfish, 
invertebrates, essential fish habitat, marine mammals, and sea turtles.
    2. Potential effects that the Proposed Action could have on 
physical resources including air quality, water quality, and wetlands 
and other waters of the United States.
    3. Potential effects that the Proposed Action could have on 
socioeconomic and cultural resources, including commercial fisheries 
and for-hire recreational fishing, demographics, employment, economics, 
environmental justice, land use and coastal infrastructure, navigation 
and vessel traffic, other uses (marine minerals, military use, 
aviation), recreation and tourism, and scenic and visual resources.
    4. Other possible reasonable alternatives to the Proposed Action 
that BOEM should consider, including additional or alternative 
avoidance, minimization, and mitigation measures.
    5. As part of its compliance with NHPA section 106 and its 
implementing regulations (36 CFR part 800), BOEM seeks public comment 
and input regarding the identification of historic properties or 
potential effects to historic properties from the activities proposed 
under the COP. BOEM requests feedback from the public and consulting 
parties on the aforementioned information and any information that 
supports identification of historic properties under the NHPA. BOEM 
also solicits proposed measures to avoid, minimize, or mitigate any 
adverse effects on historic properties. BOEM will, consistent with 
confidentiality requirements, present available information regarding 
known historic properties during the public scoping period and current 
summary information regarding historic properties identified will be 
available at https://www.boem.gov/Ocean-Wind/. BOEM's effects analysis 
for historic properties will be available for public and consulting 
party comment in the draft EIS.
    6. Information on other current or planned activities in, or in the 
vicinity of, the Proposed Action and their possible impacts on the 
Project or the Project's impacts on those activities.
    7. Other information relevant to the Proposed Action and its 
impacts on the human environment.
    To promote informed decision making, comments should be as specific 
as possible and should provide as much detail as necessary to 
meaningfully participate and fully inform BOEM of the commenter's 
position. Comments should explain why the issues raised are important 
to the consideration of potential environmental impacts and 
alternatives to the Proposed Action as well as economic, employment, 
and other impacts affecting the quality of the human environment.
    The draft EIS will include a summary that identifies all 
alternatives, information, and analyses submitted by State, tribal, and 
local governments and other public commenters during the scoping 
process for consideration by BOEM and the cooperating agencies.

    Authority: This NOI is published pursuant to NEPA, 42 U.S.C. 
4321 et seq., and 40 CFR 1501.9.

William Yancey Brown,
Chief Environmental Officer, Bureau of Ocean Energy Management.
[FR Doc. 2021-06520 Filed 3-29-21; 8:45 am]
BILLING CODE 4310-MR-P