[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Notices]
[Pages 48763-48767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18741]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2021-0052]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Proposed Sunrise Wind Farm Project on the Northeast Atlantic Outer 
Continental Shelf

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 
Environmental Policy Act (NEPA), BOEM announces its intent to prepare 
an EIS for the review of a construction and operations plan (COP) 
submitted by Sunrise Wind LLC (Sunrise Wind) for the construction, and 
operation of a wind energy facility offshore Massachusetts, Rhode 
Island, and New York with a proposed interconnection location at the 
existing Holbrook Substation. BOEM seeks public comment for the EIS 
scoping process as well as comment concerning compliance with 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/Sunrise-Wind.

DATES: Comments are due to BOEM no later than September 30, 2021.
    BOEM will hold virtual public scoping meetings for the Sunrise Wind 
EIS at the following dates and times (eastern daylight time):
     Thursday, September 16, 5:30 p.m.;
     Monday, September 20, 1:00 p.m.; and
     Wednesday, September 22, 5:30 p.m.
    Registration for the virtual public meetings may be completed here: 
https://www.boem.gov/Sunrise-Wind-Scoping-Virtual-Meetings or by 
calling (703) 787-1073.

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, ``SUNRISE 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:/
/

[[Page 48764]]

www.regulations.gov and search for Docket No. BOEM-2021-0052. 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.

    Sunrise Wind has the exclusive right to submit a COP for activities 
located offshore Massachusetts, Rhode Island, and New York in the area 
covered by BOEM Renewable Energy Lease OCS-A 0487 (Lease Area). A 
portion of the area covered by Renewable Energy Lease OCS-A 0500 and 
the entirety of the area covered by Renewable Energy Lease OCS-A 0487 
were merged and included in a revised Lease OCS-A 0487 issued to 
Sunrise Wind on March 15, 2021. Sunrise Wind 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 (Project).
    Sunrise Wind's purpose and need is to develop a commercial-scale, 
offshore wind energy facility in the Lease Area, with up to 122 wind 
turbine generators, an offshore converter station (OCS-DC), inter-array 
cables, an onshore converter station (OnCS-DC), an offshore 
transmission cable making landfall on Long Island, New York, and an 
onshore interconnection cable to the Long Island Power Authority 
Holbrook Substation. The Project will generate between 880 megawatts 
(MW) and 1,300 MW of renewable energy. This Project will help the State 
of New York achieve the aggressive clean energy goals set forth in the 
Clean Energy Standards Order and the Climate Leadership and Community 
Protection Act through a power purchase agreement (PPA) contract with 
the New York State Energy Research and Development Authority to deliver 
880 MW of offshore wind energy.
    Sunrise Wind may modify its PPA contract with NYSERDA to deliver up 
to 924 MW of offshore wind energy.
    Based on the goals of the applicant and BOEM's authority, the 
purpose of BOEM's action is to respond to Sunrise Wind's COP proposal 
and determine whether to approve, approve with modifications, or 
disapprove Sunrise 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 
other 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 Sunrise Wind's 
request for authorization to take marine mammals incidental to 
specified activities associated with the Project (e.g., pile driving)--
is to evaluate Sunrise Wind's request pursuant to specific requirements 
of the MMPA and its implementing regulations administered by NMFS, 
considering impacts of Sunrise Wind's activities on relevant resources, 
and if appropriate, issue the authorization. NMFS needs to render a 
decision regarding the request for authorization due to NMFS' 
responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(D)) and its 
implementing regulations. If, after independent review, NMFS makes the 
findings necessary to issue the requested authorization, NMFS intends 
to adopt BOEM's environmental impact statement (EIS) to support that 
decision and fulfill its National Environmental Policy Act (NEPA) 
requirements.
    The U.S. Army Corps of Engineers (USACE) New York District 
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). In addition, it is 
anticipated that a section 408 permission will be required pursuant to 
Section 14 of the RHA of 1899 (33 U.S.C. 408) for any proposed 
alterations that have the potential to alter, occupy or use any USACE 
federally authorized Civil Works projects. The USACE considers issuance 
of a permit under these three delegated authorities a major Federal 
action connected to BOEM's Proposed Action (40 CFR 1501.9(e)(1)). 
Sunrise Wind'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 New York achieve its 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 York energy grid. The purpose of 
USACE section 408 action as determined by EC 1165-2-220 is to evaluate 
the applicant's request and determine whether the proposed alterations 
are injurious to the public interest or impair the usefulness of the 
USACE project. USACE section 408 permission is needed to ensure that 
Congressionally authorized projects continue to provide their intended 
benefits to the public. USACE intends to adopt BOEM's EIS to support 
its decision on any permits/permissions requested under section 10 of 
the RHA, or section 404 of the CWA, and section 408 of the RHA. The 
USACE would adopt the EIS per 40 CFR 1506.3 if, after its independent 
review of the document, it concludes that the EIS satisfies the USACE's 
comments and recommendations. Based on its participation as a 
cooperating agency and its consideration of the final EIS, the USACE 
would issue a Record of Decision to formally document its decision on 
the proposed action.

Preliminary Proposed Action and Alternatives

    As noted above, Sunrise Wind is proposing to construct and operate 
up to 122 wind turbine generators, an OCS-DC, inter-array cables, an 
OnCS-DC, an offshore transmission cable making landfall on Long Island, 
New York, and an onshore interconnection cable to the

[[Page 48765]]

Long Island Power Authority Holbrook Substation. The wind turbine 
generator foundations may be monopiles or gravity base structures with 
associated support and access structures, in some combination or 
entirely of one kind. The wind turbine generators, offshore 
substations, foundations, and inter-array cables would be located 
within the Lease Area in federal waters approximately 18.9 statute 
miles (mi) (16.4 nautical miles [nm], 30.4 kilometers [km]) south of 
Martha's Vineyard, Massachusetts; approximately 30.5 mi (26.5 nm, 48.1 
km) east of Montauk, New York, and approximately16.7 mi (14.5 nm, 26.8 
km) from Block Island, Rhode Island. The offshore export cables would 
be buried below the seabed in federal and New York State waters. 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 proposed wind energy facility would 
not be built.
    Once BOEM completes the EIS and associated consultations, BOEM will 
decide whether to approve, approve with modification, or disapprove the 
Sunrise Wind COP. If BOEM approves the COP, Sunrise Wind must comply 
with all conditions of its approval.

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 effects that are 
later in time or occur in a different place. Potential impacts include, 
but are not limited to, impacts (whether beneficial or 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 (e.g., 
creation of artificial reefs). Commercial fisheries and for-hire 
recreational fishing could be impacted. Project structures above the 
water could affect the visual character defining historic properties 
and have visual impacts on 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 cause conflicts with 
military activities, 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. Specifically, for increasing job opportunities, an 880 MW 
Sunrise Wind project is estimated to support more than 2,500 job-years 
during the development and construction phases of the project. During 
the operations and maintenance phase an 880 MW Sunrise offshore wind 
project will support about 270 jobs per year during its 35-year 
operational phase. If Sunrise Wind increases the MW installed, the 
number of jobs supported will be greater than the estimates cited for 
the 880 MW project. 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 Project. 
Applicable Federal laws include the Endangered Species Act, 
Magnuson[hyphen]Stevens Fishery Conservation and Management Act, NEPA, 
MMPA, RHA, CWA, and the Coastal Zone Management Act. BOEM will also 
conduct government-to-government Tribal consultations. For a detailed 
listing of regulatory requirements applicable to the Project, please 
see the COP, volume I, available at https://www.boem.gov/Sunrise-Wind.
    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 NEPA substitution 
process 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 
currently expects to issue the NOA in October 2022. After the public 
comment period ends, BOEM will review and respond to comments received 
and will develop the final EIS. BOEM currently expects to make the 
final EIS available to the public in July 2023. A record of decision 
(ROD) 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 process for significant 
infrastructure projects. To view the FAST-41 Permitting Dashboard for 
the Project, visit: https://cms.permits.performance.gov/permitting-project/sunrise-wind-farm.

Scoping Process

    This NOI commences the public scoping process to identify issues 
and potential alternatives for consideration in the Sunrise Wind EIS. 
BOEM will hold virtual public scoping meetings at the times and dates 
described above. Throughout the scoping process, Federal agencies, 
state, tribal, and local governments, and the general public have the 
opportunity to help BOEM identify 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

[[Page 48766]]

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.
    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, does not provide financial assistance to 
cooperating agencies. Governmental entities that are not cooperating 
agencies 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. 
Interested parties are referred to that provision to learn under what 
circumstances and how those with concerns about the Project's effect on 
historic properties may 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, 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 SEARCH, the third party EIS contractor supporting 
BOEM in its administration of this review. SEARCH's NHPA contact for 
this review is Dr. Barry Bleichner (504-291-6446), [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 parties providing information on historic resources 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 and conditions 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

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properties during the public scoping period at https://www.boem.gov/Sunrise-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 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. 2021-18741 Filed 8-30-21; 8:45 am]
BILLING CODE 4310-MR-P