[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Notices]
[Pages 34901-34905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12308]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM 2022-0025]


Notice of Intent To Prepare an Environmental Impact Statement for 
US Wind's Proposed Wind Energy Facility Offshore Maryland

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 US Wind, Inc., (US Wind) for the construction and 
operation of a wind energy facility offshore Maryland with proposed 
interconnection locations in Sussex County, Delaware. This NOI 
announces the EIS scoping process for the US Wind COP. Additionally, 
this NOI seeks public comment and input under 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/US-Wind.

DATES: Comments received by July 8, 2022, will be considered.
    BOEM will hold three virtual public scoping meetings for the US 
Wind EIS at the following dates and times (eastern time):
     Tuesday, June 21, 5:00 p.m.;
     Thursday, June 23, 5:00 p.m.;
     Monday, June 27, 1:00 p.m.
    Registration for the virtual public meetings may be completed here: 
www.boem.gov/US-Wind-Scoping-Virtual-Meetings or by calling (703) 787-
1346. The virtual meetings are open to the public and free to attend.

ADDRESSES: Written comments can be submitted in any of the following 
ways:
     Delivered by mail or delivery service, enclosed in an 
envelope labeled ``US WIND COP EIS'' and addressed to Program Manager, 
Office of Renewable Energy Programs, Bureau of Ocean Energy Management, 
45600 Woodland Road, Sterling, Virginia 20166; or
     Through the regulations.gov web portal: Navigate to 
www.regulations.gov and search for Docket No. BOEM-2022-0025. Select 
the document in the search results on which you want to comment, click 
on the ``Comment'' button, and follow the online instructions for 
submitting your comment. A commenter's checklist is available on the 
comment web page. Enter your information and comment, then click 
``Submit.''

FOR FURTHER INFORMATION CONTACT: Brian Krevor, BOEM Office of Renewable 
Energy Programs, 45600 Woodland Road, Sterling, Virginia 20166, 
telephone (703) 787-1346, or email [email protected].

SUPPLEMENTARY INFORMATION:

Purpose of and Need for the Proposed Action

    In Executive Order (E.O.) 14008, ``Tackling the Climate Crisis at 
Home and Abroad,'' issued January 27, 2021, President Biden stated that 
it is the policy of the United States:
    [T]o organize and deploy the full capacity of its agencies to 
combat the climate crisis to implement a Government-wide approach that

[[Page 34902]]

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 Code of Federal 
Regulations (CFR) 585.211, BOEM awarded US Wind with Commercial Lease 
OCS-A 0490 covering an area offshore Maryland (Lease Area) in 2014. 
During the same competitive lease sale, BOEM also awarded US Wind with 
Commercial Lease OCS-A 0489. By a lease amendment, made effective March 
1, 2018, US Wind's Commercial Leases OCS-A 0489 and OCS-A 0490 were 
merged into a single lease, Lease OCS-A 0490. Lease OCS-A 0489 
automatically terminated. US Wind has the exclusive right to submit a 
COP for activities within the Lease Area. US Wind has submitted a COP 
to BOEM proposing the construction, installation, operation, and 
conceptual decommissioning of an offshore wind energy facility in the 
Lease Area (the Project).
    US Wind's goal is to develop a commercial-scale, offshore wind 
energy project in the Lease Area. The Project comprises as many as 121 
wind turbine generators (WTG), up to 4 offshore substations (OSS), up 
to 4 offshore export cables, and 1 meteorological tower (Met Tower), 
with a total of up to 126 structures in a gridded array pattern 
distributed across the Lease Area. The offshore export cables are 
planned to make landfall in Sussex County, Delaware. The Project will 
be interconnected to the onshore electric grid by up to four new 230 kV 
export cables to new US Wind onshore substations, with an anticipated 
connection to the existing Indian River Substation near Millsboro, 
Delaware.
    The Project would generate up to 2,000 megawatts (MW) of wind 
energy to the Delmarva Peninsula, including Maryland, in fulfillment of 
State and Federal clean energy standards and targets (see section 1.1.2 
of the COP). The Project includes MarWin, a wind farm of approximately 
300 MW for which US Wind was awarded offshore wind renewable energy 
credits (ORECs) in 2017 by the State of Maryland; Momentum Wind, 
consisting of approximately 808 MW for which the State of Maryland 
awarded additional ORECs in 2021; and build out of the remainder of the 
Lease Area to fulfill ongoing, government-sponsored demands for 
offshore wind energy.
    Based on BOEM's authority under the Outer Continental Shelf Lands 
Act (OCSLA) to authorize renewable energy activities on the Outer 
Continental Shelf (OCS), E.O. 14008, the shared goals of the Federal 
agencies to deploy 30 gigawatts (GW) of offshore wind energy capacity 
in the United States by 2030, while protecting biodiversity and 
promoting ocean co-use,\1\ and in consideration of the goals of the 
applicant, the purpose of BOEM's action is to determine whether to 
approve, approve with modifications, or disapprove US Wind's COP. BOEM 
will make this determination after weighing the factors in subsection 
8(p)(4) of OCSLA that are applicable to plan decisions and in 
consideration of the above goals. BOEM's action is needed to fulfill 
its duties under the lease, which requires BOEM to make a decision on 
the lessee's plan to construct and operate a commercial-scale, offshore 
wind energy facility in the Lease Area.
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    \1\ \1\ \[1]\ FACT SHEET: Biden Administration Jump starts 
Offshore Wind Energy Projects to Create Jobs [verbar] The White 
House, https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/29/fact-sheet-biden-administration-jumpstarts-offshore-wind-energy-projects-to-create-jobs/.
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    In addition, the National Oceanic and Atmospheric Administration's 
National Marine Fisheries Service (NMFS) anticipates one or more 
requests for authorization under the Marine Mammal Protection Act 
(MMPA) to take marine mammals incidental to construction activities 
related to the Project. NMFS's issuance of an MMPA incidental take 
authorization would be a major Federal action connected to BOEM's 
action (40 CFR 1501.9(e)(1)).\2\ The purpose of the NMFS action--which 
is a direct outcome of US Wind's request for authorization to take 
marine mammals incidental to specified activities associated with the 
Project (e.g., pile driving)--is to evaluate US Wind'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, issue the permit or 
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)(A) & (D)) and its implementing regulations. If NMFS 
makes the findings necessary to issue the requested authorization, NMFS 
intends to adopt, after independent review, BOEM's EIS to support that 
decision and fulfill its NEPA requirements.
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    \2\ Under the MMPA, a ``take'' means ``to harass, hunt, capture, 
or kill, or attempt to harass, hunt, capture, or kill any marine 
mammal'' (16 U.S.C. 1362).
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    The U.S. Army Corps of Engineers (USACE) Baltimore District 
anticipates requests for authorization of 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 (33 U.S.C. 408) for 
any proposed alterations that have the potential to alter, occupy, or 
use any federally authorized civil works projects. The USACE considers 
issuance of permits/permissions under these three delegated authorities 
a major Federal action connected to BOEM's action (40 CFR 
1501.9(e)(1)). The need for the Project as provided by the applicant in 
section 1.1.2 of the COP and reviewed by USACE for NEPA purposes is to 
provide a commercially viable offshore wind energy project within the 
Lease Area to help the State of Maryland 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 in Lease Area OCS-A 0490 offshore Maryland and 
transmission/distribution to the PJM energy grid.\3\
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    \3\ PJM is a regional transmission organization that coordinates 
the movement of wholesale electricity in all or parts of 13 States 
in the Mid-Atlantic and Midwest and the District of Columbia. For 
more information, see https://www.pjm.com/.
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    The purpose of USACE section 408 action as determined by EC 1165-2-
220 \4\ 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 or permissions 
requested under sections 10 of the RHA, section 404 of the CWA, and 
section 408 of the RHA. The USACE would adopt

[[Page 34903]]

the EIS per 40 CFR 1506.3 if, after its independent review of the 
document, it concludes that the EIS satisfies USACE's comments and 
recommendations. Based on its participation as a cooperating agency and 
its consideration of the final EIS, USACE would issue a record of 
decision (ROD) to formally document its decision on the proposed 
action.
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    \4\ USACE Engineer Circular titled ``Policy and Procedural 
Guidance for Processing Requests to Alter US Army Corps of Engineers 
Civil Works Projects Pursuant to 33 USC 408.''
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Proposed Action and Preliminary Alternatives

    As noted above, US Wind proposes to construct and operate the 
Project with 126 total foundation locations to be occupied by a 
combination of up to 121 WTGs, up to 4 OSSs, and 1 Met Tower. The 
Project would make landfall in Sussex County, Delaware. The Project 
would be interconnected to the onshore electric grid by up to 4 new 230 
kV export cables to new US Wind onshore substations, with an 
anticipated connection to the existing Indian River Substation near 
Millsboro, Delaware.
    The WTG foundations would be monopiles, while the OSS foundations 
may be monopiles, piled jackets, or suction-bucket foundations. The 
WTGs, OSSs, foundations, and inter-array cables would be located within 
the Lease Area on the U.S. OCS approximately 11.5 statute miles (mi) 
(18.5 kilometers [km]) off the coast of Maryland. The offshore export 
cables would be buried in the U.S. OCS and in the seabed under State 
waters of Maryland and Delaware.
    US Wind's Project is the action BOEM will analyze in its EIS 
(Proposed Action). If any reasonable alternatives to the Proposed 
Action 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 
US Wind COP. If BOEM approves the COP, US Wind must comply with all 
conditions of its approval.

Summary of Potential Impacts

    The draft EIS will identify, describe, and analyze the potential 
effects of the Proposed Action and the alternatives on the human 
environment that are reasonably foreseeable and have a reasonably close 
causal relationship to the Proposed Action and the identified 
alternatives. This includes effects that occur at the same time and 
place as the Proposed Action and alternatives and effects caused by the 
Project that are later in time or occur in a different place. Potential 
impacts to resources 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.
    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 and fish habitats (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 
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, regarding job 
opportunities, the Project is estimated to support up to an estimated 
18,717 job-years, or about 2,679 jobs annually over 7 years, during the 
development and construction phases of the Project. During the 
operations and maintenance phase, the Project will support up to an 
estimated 803 jobs annually during its 25 years of operations and 
maintenance activities.
    The EIS will analyze measures that would avoid, minimize, or 
mitigate identified adverse impacts.

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, 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 www.boem.gov/US-Wind.
    BOEM has chosen to use the NEPA process to fulfill its obligations 
under NHPA. While BOEM's obligations under NHPA and NEPA are 
independent, regulations implementing section 106 of NHPA, at 36 CFR 
800.8(c), allow the NEPA process and documentation to substitute for 
various aspects of the NHPA review. This process 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 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 August 2023. 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 April 2024. A 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 title 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://www.permits.performance.gov/permitting-project/maryland-offshore-wind-project.

Scoping Process

    This NOI commences the public scoping process to identify issues 
and potential alternatives for consideration in the draft EIS. BOEM 
will hold public scoping meetings at the times and dates described 
above under the Dates caption. Throughout the scoping

[[Page 34904]]

process, Federal agencies, Tribal, State, 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 process to comply with NHPA. 
BOEM will consider all written requests from individuals and 
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 the NHPA regulations.

NEPA Cooperating Agencies

    BOEM invites other Federal agencies and Tribal, State, and local 
governments to consider becoming cooperating agencies in the 
preparation of this EIS. The Council on Environmental Quality (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' expected 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 CEQ 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: 
www.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

    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.
    Before issuing this NOI, BOEM compiled a list of potential 
consulting parties and invited them to become consulting parties. To 
become a consulting party, those invited must respond in writing by the 
requested response date.
    Interested individuals and organizations that did not receive a 
written invitation can request to be consulting parties by writing to 
the staff NHPA contact at CSA Ocean Sciences, Inc., the third-party EIS 
contractor supporting BOEM in its administration of this review. CSA's 
NHPA contact for this review is Danna Allen at [email protected]. BOEM will determine which interested parties may be 
selected as 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. To help BOEM determine whether 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 relevant to the Proposed Action from the 
public; affected Federal, Tribal, State, and local governments, 
agencies, and offices; the scientific community; industry; or any other 
interested party. 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, 
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 (e.g., 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

[[Page 34905]]

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 www.boem.gov/US-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, their possible impacts on the 
Project, and the Project's possible 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 possible 
alternatives to the Proposed Action as well as to 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: 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. 2022-12308 Filed 6-7-22; 8:45 am]
BILLING CODE 4310-MR-P