[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34782-34786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13994]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2021-0047]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Vineyard Wind South Project Offshore Massachusetts

AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.

ACTION: Notice of intent (NOI) to prepare an environmental impact 
statement (EIS); request for comments.

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SUMMARY: Consistent with the regulations implementing the National

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Environmental Policy Act (NEPA), BOEM announces its intent to prepare 
an EIS for the review of a construction and operations plan (COP) 
submitted by Vineyard Wind, LLC (Vineyard Wind) for its Vineyard Wind 
South Project. The COP proposes the phased development, construction, 
and operation of wind energy facilities offshore Massachusetts with 
export cables connecting to the onshore electric grid in Barnstable 
County, Massachusetts. This NOI announces the EIS scoping process for 
the Vineyard Wind South 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 facilities, including the 
COP, can be found on BOEM's website at: www.BOEM.gov/Vineyard-Wind-South.

DATES: Comments are due to BOEM no later than July 30, 2021.
    BOEM will hold virtual public scoping meetings for the Vineyard 
Wind South EIS at the following dates and times (eastern daylight 
time):
     Monday, July 19, 5:30 p.m.;
     Friday, July 23, 1:00 p.m.; and
     Monday, July 26, 5:30 p.m.

ADDRESSES: Comments can be submitted in any of the following ways:
     In written form, delivered by mail or delivery service, 
enclosed in an envelope labeled, ``VINEYARD WIND SOUTH 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-2021-0047. 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 of 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, on 
April 1, 2015, BOEM awarded Lease OCS-A 0501, covering an area offshore 
Massachusetts, to Vineyard Wind. In June 2021, Vineyard Wind assigned 
the northeastern portion of Lease OCS-A 0501 to a subsidiary, Vineyard 
Wind 1, LLC, and BOEM renamed the remaining area Lease OCS-A 0534. 
Vineyard Wind has the exclusive right to submit a COP for activities 
within Lease OCS-A 0534, and it submitted a phased development COP to 
BOEM proposing the construction and installation, operations and 
maintenance, and conceptual decommissioning of offshore wind energy 
facilities (the Project or Vineyard Wind South). The Project is 
proposed within the area defined by Lease OCS-A 0534 and a small 
portion of the area within Lease OCS-A 0501 for potential development 
(collectively, the Lease Area).
    Vineyard Wind South's purpose and need is to develop commercial-
scale, offshore wind energy facilities in two phases in the Lease Area, 
with up to a total of 130 wind turbine positions, two to five offshore 
substations (also called ``electrical service platforms''), inter-array 
cables, up to three onshore substations, and up to five transmission 
cables making landfall in Barnstable County, Massachusetts. Phase One 
of Vineyard Wind South is called ``Park City Wind.'' It 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, 
through Vineyard Wind's 804-MW Power Purchase Agreement (PPA) with 
Connecticut's Public Utilities Regulatory Authority. Vineyard Wind is 
actively competing for PPAs for Phase Two of Vineyard Wind South, which 
would provide approximately 1,200-1,500 MW of offshore wind energy to 
the northeastern states. The two phases combined would provide a total 
of approximately 2,004-2,304 MWs of offshore wind energy and would 
contribute to the region's electrical reliability.
    Based on the goals of the applicant and BOEM's authority, the 
purpose of BOEM's action is to respond to Vineyard Wind's COP proposal 
and determine whether to approve, approve with modifications, or 
disapprove Vineyard Wind's COP to construct and install, operate and 
maintain, and decommission commercial-scale offshore wind energy 
facilities 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 under the Marine Mammal 
Protection Act (MMPA). NMFS' 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 Vineyard 
Wind's request for authorization to take marine mammals incidental to 
specified activities associated with the Project (e.g., pile driving)--
is to evaluate the applicant's request pursuant to specific 
requirements of the MMPA and its implementing regulations administered 
by NMFS, consider impacts of the applicant's activities on relevant 
resources, and if appropriate, to issue the permit or authorization. 
NMFS needs to render a decision regarding the request for authorization 
due to NMFS's responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(D)) 
and its implementing regulations. If NMFS makes the findings necessary 
to issue the requested authorization, NMFS intends to adopt BOEM's EIS 
to support that decision and fulfill its NEPA requirements.
    The U.S. Army Corps of Engineers, New England District (USACE) 
anticipates a permit action to be undertaken through authority 
delegated to the District Engineer by 33 CFR 325.8, under 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 applicant's stated purpose and need for the project, 
as indicated above, is to provide a commercially viable offshore wind 
energy project within the Lease Area to help Connecticut and other 
northeastern

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states achieve their renewable energy goals.
    The basic project purpose, as determined by USACE for section 
404(b)(1) guidelines evaluation, is offshore wind energy generation. 
The overall project purpose for section 404(b)(1) guidelines 
evaluation, as determined by USACE, is the construction and operation 
of a commercial-scale, offshore wind energy project for renewable 
energy generation and distribution to the New England energy grid. 
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 wind 
energy facilities in two phases on the Lease Area as described in the 
COP submitted by Vineyard Wind. In its COP, Vineyard Wind proposes the 
construction and operation of up to 130 wind turbines, two to five 
offshore substations, inter-array cables, and up to three onshore 
substations with up to five export cables connecting to the onshore 
electric grid in Barnstable County, Massachusetts.
    A combination of monopiles, piled jackets, or both could be used as 
foundations in Phase One, pending the outcome of a foundation 
feasibility analysis. In Phase Two, monopiles, jackets (with piles or 
suction buckets), bottom-frame foundations (with piles, gravity pads, 
or suction buckets), or a combination of those foundation types may be 
used, pending the outcome of a foundation feasibility analysis.
    The closest point of the Vineyard Wind South development is 19.9 
statute miles south of Martha's Vineyard and 23.7 statute miles from 
Nantucket. The Project also may include one reactive compensation 
station (booster station) that would be located in one of two potential 
locations that are 14.62 statute miles south of Martha's Vineyard and 
16.54 statute miles from Nantucket or 22.98 miles south of Martha's 
Vineyard and 19.24 miles from Nantucket. The offshore export cables 
would be buried below the seabed. The onshore export cables, 
substations, and grid connections would be in Barnstable County, 
Massachusetts.
    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 the Vineyard Wind South 
wind energy facilities 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 
Vineyard Wind South 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 Potential Impacts

    The draft EIS will identify and describe the potential 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 occur in a different place. Potential impacts 
include, but are not limited to, impacts (both beneficial and adverse) 
on 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. These potential impacts will be analyzed in the draft 
and final EIS.
    Based on a preliminary evaluation of these resources, BOEM expects 
potential impacts on sea turtles and marine mammals from underwater 
noise caused by construction and from collision risks with Project-
related vessel traffic. Structures installed by the Project could 
permanently change benthic habitat and other fish habitat. Commercial 
fisheries and for-hire recreational fishing could be impacted. Project 
structures above the water could 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 could adversely impact 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 Vineyard Wind 
South Project. Applicable Federal laws include the Endangered Species 
Act, Magnuson[hyphen]Stevens Fishery Conservation and Management Act, 
NEPA, MMPA, RHA, CWA, and Coastal Zone Management Act. BOEM will also 
conduct government-to-government tribal consultations. For a full 
listing of regulatory requirements applicable to the Vineyard Wind 
South Project, please see the COP, volume I, available at https://www.boem.gov/vineyard-wind-south/.
    BOEM has chosen to use the NEPA substitution process to fulfill its 
obligations under NHPA. While BOEM's obligations under NHPA and NEPA 
are independent, regulations implementing section 106 of the NHPA, at 
36 CFR 800.8(c), allow the NEPA process and documentation to substitute 
for various aspects of review otherwise required under the NHPA. This 
substitution is intended to improve efficiency, promote transparency 
and accountability, and support a broadened discussion of potential 
effects that a project could have on the human environment. During 
preparation of the EIS, BOEM will ensure that the NHPA process for NEPA 
substitution will fully meet all NHPA obligations.

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 record of decision will be completed no 
sooner than 30 days after the final EIS is released, in accordance with 
40 CFR 1506.11.
    This project is a ``covered project'' under section 41 of the 
Fixing America's Surface Transportation Act (FAST-41). FAST-41 provides 
increased transparency and predictability by requiring federal agencies 
to publish comprehensive permitting timetables for all covered 
projects. FAST-41 also provides procedures for modifying permitting 
timetables to address the unpredictability inherent in the 
environmental review and permitting

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process for significant infrastructure projects. To view the FAST-41 
Permitting Dashboard for Vineyard Wind South, visit: https://cms.permits.performance.gov/permitting-project/vineyard-wind-south.

Scoping Process

    This NOI commences the public scoping process to identify issues 
and potential alternatives for consideration in the Vineyard Wind South 
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.
    As noted above, BOEM will use the NEPA substitution process 
provided for in the NHPA regulations. BOEM will consider all written 
requests from individuals or organizations to participate as consulting 
parties under NHPA and, as discussed below, will determine who among 
those parties will be a consulting party in accordance with NHPA 
regulations.
    BOEM will hold virtual public scoping meetings for the Vineyard 
Wind South EIS at the following dates and times (eastern daylight 
time):
     Monday, July 19, 5:30 p.m.;
     Friday, July 23, 1:00 p.m.; and
     Monday, July 26, 5:30 p.m.
    Registration for the virtual public meetings may be completed here: 
https://www.boem.gov/Vineyard-Wind-South-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. The 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-Department of the 
Interior cooperating agency. Agencies also should consider the factors 
for determining cooperating agency status in the Council on 
Environmental Quality memorandum entitled ``Cooperating Agencies in 
Implementing the Procedural Requirements of the National Environmental 
Policy Act,'' dated January 30, 2002. This document is available on the 
internet at: http://energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/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 can 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 invited them in writing to become consulting 
parties. 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 can request to be consulting parties by writing to the 
appropriate staff at ERM, which is supporting BOEM in its 
administration of this review. ERM's NHPA contact for this review is 
Danna Allen (678-904-4399, [email protected]. 
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 can 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.
    Additionally, under section 304 of NHPA, BOEM is required, after 
consultation with the Secretary of the Interior, to withhold the 
location, character, or ownership of historic resources if it 
determines that disclosure may, among other things, cause a significant 
invasion of privacy, risk harm to the historic resources, or impede the 
use of a traditional religious site by practitioners. Tribal entities 
and other interested parties should designate information that they 
wish to be held as confidential and provide the reasons why BOEM should 
do so.
    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, BOEM requests information on the following 
topics:
    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

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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 comment and 
input from the public and consulting parties regarding the 
identification of historic properties within the Proposed Action's area 
of potential effects, the potential effects on those historic 
properties from the activities proposed in the COP, and any information 
that supports identification of historic properties under 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/vineyard-wind-south/. 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 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 of all alternatives, 
information, and analyses submitted during the scoping process for 
consideration by BOEM and the cooperating agencies.

    Authority: This NOI is published in accordance with 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. 2021-13994 Filed 6-29-21; 8:45 am]
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