[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Notices]
[Pages 22972-22975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09048]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2021-0029]


Notice of Intent To Prepare an Environmental Impact Statement for 
Revolution Wind LLC's Proposed Wind Energy Facility Offshore Rhode 
Island

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 Revolution Wind, LLC (Revolution Wind) (formerly DWW 
Rev I, LLC). The COP proposes the construction and operation of a wind 
energy facility offshore Rhode Island with export cables connecting to 
the onshore electric grid in North Kingstown, Rhode Island. This notice 
of intent (NOI) announces the EIS scoping process for the Revolution 
Wind COP. Additionally, this NOI seeks public comment and input under 
section 106 of the National Historic Preservation Act (NHPA) and its 
implementing regulations. Detailed information about the proposed wind 
energy facility, including the COP, can be found on BOEM's website at: 
www.boem.gov/Revolution-Wind.

DATES: Comments received by June 1, 2021, will be considered.
    BOEM will hold virtual public scoping meetings for the Revolution 
Wind EIS at the following dates and times (Eastern):

 Thursday, May 13, 5:30 p.m.;
 Tuesday, May 18, 5:30 p.m.; and
 Thursday, May 20, 1:00 p.m.

ADDRESSES: Written comments can be submitted in any of the following 
ways:
     Delivered by mail or delivery service, enclosed in an 
envelope labeled ``Revolution 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-2021-0029. 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) 787-1722 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, 
Revolution Wind was awarded Commercial Lease OCS-A 0486 covering an 
area offshore Rhode Island (the Lease Area). Revolution 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 Revolution Wind is to develop a commercial-scale, 
offshore wind energy facility in the Lease Area with up to 100 wind 
turbine generators, inter-array cables, up to two offshore substations, 
and two transmission cables making landfall in North Kingstown, Rhode 
Island. The Project would contribute to Connecticut's mandate of 2,000 
megawatts (MW) of offshore wind energy by 2030, as outlined in 
Connecticut Public Act 19-71, and Rhode Island's 100 percent renewable 
energy goal by 2030, as outlined in the Rhode Island Governor's 
Executive Order 20-01 of January 2020. Furthermore, Revolution Wind's 
goal to construct and operate a commercial-scale, offshore wind energy 
facility in the Lease Area is intended to fulfill the following three 
power purchase agreements (PPAs): (1) A 200-MW contract with the State 
of Connecticut approved in January 2019; (2) a 400-MW contract with the 
State of Rhode Island approved in June 2019; and (3) a 104-MW contract 
with the State of Connecticut approved in December 2019.
    Based on the goals of the applicant and BOEM's authority, the 
purpose of BOEM's action is to respond to Revolution Wind's COP 
proposal and determine whether to approve, approve with modifications, 
or disapprove Revolution 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 (OCS) 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's 
(NOAA) National Marine Fisheries Service (NMFS) anticipates receipt of 
one or more requests for authorization to take marine mammals 
incidental to activities

[[Page 22973]]

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 Revolution Wind's request for 
authorization to take marine mammals incidental to the Project 
(specifically pile driving)--is to evaluate the information in 
Revolution 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 BOEM's EIS to support its decision on any 
requested MMPA incidental take authorizations.
    The U.S. Army Corps of Engineers (USACE) New England District 
anticipates a permit action to be undertaken through authority 
delegated to the District Engineer by 33 CFR 325.8, pursuant to section 
10 of the Rivers and Harbors Act of 1899 (RHA) (33 U.S.C. 403) and 
section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). The USACE 
considers issuance of a permit under these two delegated authorities a 
major Federal action connected to BOEM's proposed action (40 CFR 
1501.9(e)(1)). The purpose and need for the project as provided by the 
applicant in the COP and reviewed by USACE for NEPA purposes: To 
provide a commercially viable offshore wind energy project within Lease 
OCS-A 0486 to meet New England's need for clean energy. The project 
will deliver 704 MW of power to the New England energy grid. The basic 
project purpose, as determined by USACE for section 404(b)(1) 
guidelines evaluation, is offshore wind energy generation. Overall 
project purpose for section 404(b)(1) guidelines evaluation, as 
determined by USACE: the construction and operation of a commercial-
scale offshore wind energy project, including associated transmission 
lines, for renewable energy generation and distribution to the 
Connecticut and Rhode Island energy grids. USACE intends to adopt 
BOEM's EIS to support its decision on any permits requested under 
section 10 of the RHA or section 404 of the CWA.

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 Revolution Wind on 
Lease Area OCS-A 0486. In its COP, Revolution Wind is proposing the 
construction and operation of up to 100 wind turbine generators 
connected by a network of inter-array cables, up to two offshore 
substations connected by an offshore substation-link cable, up to two 
submarine export cables, up to two underground transmission circuits 
located onshore, and an onshore substation inclusive of up to two 
interconnection circuits connecting to the existing Davisville 
Substation in North Kingstown, Rhode Island. 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 OCS approximately 17.4 nautical miles 
(20 statute miles) south of the coast of Rhode Island. The offshore 
export cables would be buried below the seabed of both the OCS and 
Rhode Island State waters. The onshore export cables, substations, and 
grid connections would be located in North Kingstown, Rhode Island.
    If any 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 Revolution 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 
Revolution 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 and from collision risks with 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. Project structures above the 
water may affect the visual character defining historic properties and 
recreational and tourism areas. 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 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, increasing 
job opportunities, improving air quality, and reducing carbon 
emissions. The EIS will analyze measures that would avoid, minimize, or 
mitigate environmental effects.

Anticipated Permits and Authorizations

    In addition to the requested COP approval, various other Federal, 
State, and local authorizations will be required for the Revolution 
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 Revolution Wind Project, please see the 
COP, volume I available at https://www.boem.gov/revolution-wind/.
    BOEM has chosen to utilize the NEPA substitution process to fulfill 
its

[[Page 22974]]

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 (54 
U.S.C. 306108) 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 necessary to successfully 
utilize 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 July 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 March 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 Revolution 
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 to provide additional information. In 
the interests of efficiency, completeness, and facilitating public 
involvement, BOEM will use the NEPA process to fulfill public 
involvement requirements established in 36 CFR 800.2(d). BOEM will 
involve the public, local governments, Indian tribes, and Revolution 
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 Revolution Wind EIS at the following dates and 
times (Eastern):

 Thursday, May 13, 5:30 p.m.;
 Tuesday, May 18, 5:30 p.m.; and
 Thursday, May 20, 1:00 p.m.

    Registration for the virtual public meetings may be completed here: 
https://www.boem.gov/Revolution-Wind-Scoping-Virtual-Meetings or by 
calling (703) 787-1073.
    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 
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 SWCA, which is supporting BOEM 
in its administration of this review. SWCA's contact for this Project 
is Scott Phillips at [email protected] or (303) 468-6903. 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 
included in the comment, available for public review online. 
Individuals may request that BOEM withhold their names, addresses, or 
other personally identifiable information included in their comment 
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,

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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(54 U.S.C. 306108) section 
106 and its implementing regulations (36 CFR part 800), BOEM seeks 
public comment and input regarding the identification of historic 
properties within the Proposed Action's area of potential effects and 
the potential effects to those 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 present 
available information regarding known historic properties during the 
public scoping period at https://www.boem.gov/revolution-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 Federal agencies, 
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. 2021-09048 Filed 4-29-21; 8:45 am]
BILLING CODE 4310-MR-P