[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42386-42390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13918]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM 2023-0037]
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Beacon Wind Project on the U.S. Outer Continental Shelf
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
Environmental Policy Act (NEPA), BOEM announces its intent to prepare
an EIS for a construction and operations plan (COP) submitted by Beacon
Wind LLC (Beacon Wind). This NOI initiates the public scoping and
comment process under NEPA and also seeks public comments under section
106 of the National Historic Preservation Act (NHPA) and its
implementing regulations. Beacon Wind proposes to construct and operate
an offshore wind facility located in Renewable Energy Lease Area OCS-A
0520 (Lease Area), which is approximately 128,811 acres and 17 nautical
miles (nm) south of Nantucket, Massachusetts, and 52 nm east of
Montauk, New York. Beacon Wind, a joint venture owned by Equinor U.S.
Holdings, Inc. and BP Wind Energy North America, Inc., proposes to
develop the entire Lease Area in two
[[Page 42387]]
wind farms, known as Beacon Wind 1 (BW1) and Beacon Wind 2 (BW2)
(collectively, the Project).
DATES: Your comments must be received by BOEM on or before July 31,
2023 for timely consideration.
Public Participation:
BOEM will hold two in-person and two virtual public scoping
meetings for the Beacon Wind EIS at the following dates and times
(eastern time):
In Person:
Tuesday, July 18, 2023, 6:00-9:00 p.m., UMASS-Dartmouth,
The Market Place Dining Hall, 285 Old Westport Road, Dartmouth, MA
02747; and
Thursday, July 20, 2023, 6:00-9:00 p.m., Adria Hotel and
Conference Center Ballroom, 221-17 Northern Blvd., Queens, NY 11361-
3600
Virtual:
Thursday, July 13, 2023, 11:00 a.m.-1:00 p.m.; and
Wednesday, July 26, 2023, 11:00 a.m.-1:00 p.m.
Registration for the virtual public meetings may be completed here:
https://www.boem.gov/renewable-energy/state-activities/beacon-wind or
by calling (888) 788 0099 (toll free). Registration for in-person
meetings will occur on site. The 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 ``BEACON WIND EIS'' and addressed to Jessica
Stromberg, Chief, Environmental Branch for Renewable Energy, Bureau of
Ocean Energy Management, 45600 Woodland Road, VAM-OREP, Sterling,
Virginia 20166; or
Through the regulations.gov web portal: Navigate to
www.regulations.gov and search for Docket No. BOEM-2023-0037. 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.''
Detailed information about the proposed Project, including the COP
and instructions for making written comments, can be found on BOEM's
website at: www.boem.gov/renewable-energy/state-activities/beacon-wind.
FOR FURTHER INFORMATION CONTACT: Bonnie Houghton, Office of Renewable
Energy Programs, Bureau of Ocean Energy Management, 45600 Woodland
Road, Sterling, Virginia 20166, telephone (703) 438-5108, or email
[email protected].
SUPPLEMENTARY INFORMATION:
Purpose of and Need for the Proposed Action
In Executive Order 14008, ``Tackling the Climate Crisis at Home and
Abroad,'' issued on January 27, 2021, President Biden stated that the
policy of his administration is ``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 conducted under 30 CFR
585.211, BOEM awarded Equinor Wind US, LLC, the commercial wind energy
lease OCS-A 0520. Beacon Wind acquired 100 percent interest in the
Lease Area by assignment effective January 27, 2021, and, has the
exclusive right to submit a COP for activities in it.
Beacon Wind submitted a COP to BOEM proposing the construction,
operation, maintenance, and conceptual decommissioning of two offshore
wind energy facilities (BW1 & BW2) in Lease Area OCS-A-0520. Beacon
Wind's goal is to develop two offshore wind energy facilities in the
Lease Area to provide renewable energy to the State of New York and
other northeastern States. Beacon Wind proposes to construct up to 155
wind turbine generators (WTG) with 2 offshore substations (OSS), for a
total of up to 157 structures in a 1 nm x 1 nm grid distributed across
the Lease Area (Proposed Action). The individual wind farms within the
Lease Area would be electrically isolated and independent from one
another. Transmission systems would connect each OSS to separate
onshore points of interconnection (POIs).
BW1 has a 25-year offtake agreement with the New York State Energy
Research and Development Authority (NYSERDA) and is expected to deliver
1,230 megawatts (MW) of power to the NYISO electric grid at a POI in
Queens, New York. Beacon Wind is actively seeking an offtake agreement
for BW2 in the New England and New York region. Beacon Wind anticipates
that BW2 will deliver more than 1,200 MW of power and interconnect with
either the NYISO grid in Queens or with the New England Independent
System Operator (ISO-NE) grid in Waterford, Connecticut.
BW1 would supply electricity in support of renewable and offshore
wind energy goals established by the State of New York under its 2019
Climate Leadership and Community Protection Act. Among other things,
the law mandates that at least 70 percent of New York's electricity
come from renewable energy sources by 2030 and that 9,000 MW come from
offshore wind energy by 2035. If BW2 also obtains an offtake agreement
with NYSERDA, it would supply additional electricity along the same
cable route as BW1 in support of New York's goals.
Based on BOEM's authority under the Outer Continental Shelf Lands
Act (OCSLA) (43 U.S.C. 1331 et seq.) to authorize renewable energy
activities on the Outer Continental Shelf and its obligations under the
lease, BOEM's purpose is to determine whether to approve, approve with
modifications, or disapprove Beacon Wind's COP. BOEM's purpose supports
the policies stated in Executive Order 14008 and the Federal goal to
deploy 30 gigawatts of offshore wind energy capacity in the United
States by 2030, while protecting biodiversity and promoting ocean co-
use. BOEM will make its determination after weighing the EIS analysis
and the enumerated goals in subsection 8(p)(4) of OCSLA.
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) (16 U.S.C. 1361 et seq.) to take marine mammals incidental to
Project activities. NMFS's decision whether to issue an incidental take
authorization is a major Federal action connected to BOEM's action (40
CFR 1501.9(e)(1)). The purpose of the NMFS action--which is a direct
outcome of Beacon Wind's request for authorization to take marine
mammals incidental to Project activities (e.g., pile driving)--is to
evaluate Beacon Wind's request under the MMPA and its implementing
regulations, which are administered by NMFS. NMFS will consider the
impacts of Beacon Wind's activities on relevant resources and, if
appropriate, issue the permit or authorization. NMFS must render a
decision regarding Beacon Wind's request for incidental take
authorization under the MMPA (16 U.S.C. 1371(a)(5)(D)), its
implementing regulations, and NMFS's delegated authorities. If NMFS
decides to authorize incidental takes, NMFS intends to adopt, after
independent review, BOEM's EIS to support that decision and fulfill its
NEPA requirements.
[[Page 42388]]
The U.S. Army Corps of Engineers (USACE) New England District
anticipates permit applications from Beacon Wind for actions undertaken
through authority delegated to the district engineer 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, Beacon
Wind may need section 408 permission pursuant to 33 U.S.C. 408, for any
actions it proposes to take that have the potential to alter, occupy,
or use any existing federally authorized projects. USACE considers
issuance of permits and permissions under these three delegated
authorities a major Federal action connected to BOEM's action (40 CFR
1501.9(e)(1)).
As determined by USACE for section 404(b)(1) guidelines evaluation,
the basic Project purpose is offshore wind energy generation. Beacon
Wind's need, as provided in the COP and reviewed by USACE for NEPA
purposes, is to generate electricity from offshore wind energy
facilities located in Lease Area OCS-A 0520.
As determined by Engineer Circular 1165-2-220, the purpose of USACE
section 408 action is to evaluate Beacon Wind's request and determine
whether its Proposed Action would adversely impact the public interest
or a 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 in
accordance with 40 CFR 1506.3 if, after its independent review of the
document, USACE concludes that BOEM has satisfactorily addressed its
comments and recommendations. USACE intends to adopt BOEM's EIS to
support its decision on any permits or permissions requested under
sections 10 and 14 of the RHA and section 404 of the CWA. Based on its
participation as a cooperating agency and its consideration of BOEM's
EIS, USACE intends to issue a record of decision (ROD) to formally
document its decision on the Proposed Action.
Proposed Action and Preliminary Alternatives
Beacon Wind proposes to construct and operate two offshore wind
energy facilities within Lease Area OCS-A-0520, with up to 157 total
foundation locations to be occupied by a combination of up to 155 WTGs
and 2 OSSs. Offshore components for BW1 and BW2 include between 61 and
94 WTGs and 1 OSS each, foundations and associated scour protection for
WTGs, associated inter-array cables, 1 high-voltage direct current
(HVDC) submarine export cable route each, cable protection, and 1
temporary meteorological and oceanographic (metocean) buoy. Beacon Wind
is considering monopile, piled jacket, or suction-bucket jacket
foundation types to support the WTG. The OSS would be supported by
either piled jacket or suction-bucket jacket foundations. The WTGs,
OSSs, foundations, and inter-array cables would be located entirely
within the Lease Area. The submarine export cables would be buried in
the U.S. Outer Continental Shelf and in the seabed under the State
waters of New York and potentially of Connecticut (if the export cable
from BW2 makes landfall in Waterford, Connecticut).
The BW1 submarine export cable would make landfall and interconnect
to the NYISO grid in Queens. The BW2 cable would make landfall in
either Queens or Waterford; if landfall is in Waterford, the cables
would interconnect with the ISO-NE grid in Connecticut. BW1's onshore
components would be sited in Queens, and BW2's in either Queens or
Waterford.
BOEM will evaluate reasonable alternatives to the Proposed Action
that are identified during the scoping period and included in the draft
EIS, including a no action alternative. Under the no action
alternative, BOEM would disapprove the Beacon Wind COP, and the
proposed wind energy facilities described in the COP would not be built
within the Lease Area.
After completing the EIS and associated consultations, BOEM will
decide through a ROD whether to approve, approve with modification, or
disapprove the Beacon Wind COP. If BOEM approves the COP, Beacon 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 and the alternatives on the human environment.
Those potential effects must be reasonably foreseeable and must have a
reasonably close causal relationship to the Proposed Action and the
alternatives. Such effects include those that occur at the same time
and place as the Proposed Action and alternatives and those that are
later in time or occur in a different place. Potential effects 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, Tribal issues of concern, 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 effects will be analyzed
in the draft and final EIS.
Based on a preliminary evaluation of the resources listed in the
preceding paragraph, 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. The EIS will analyze all impacts, as
well as potential measures that would avoid, minimize, or mitigate
identified non-beneficial impacts.
Beneficial impacts are also expected by facilitating achievement of
State renewable energy goals, increasing job opportunities, improving
air quality, and addressing climate change through E.O. 14008. The
Project is estimated to support 5,958 to 6,491 job-years cumulatively
during the development and construction phases, including indirect and
induced employment opportunities. During the operations and maintenance
phase, the Project is estimated to support 21,117 to 22,681 jobs-years
during an estimated 40 years of operation and maintenance (including
decommissioning).
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, Clean Air Act section 328, and the Coastal Zone Management
Act. BOEM will also conduct government-to-government
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Tribal consultations. For a detailed listing of regulatory requirements
applicable to the Project, please see the COP, volume I, available at
www.boem.gov/renewable-energy/state-activities/beacon-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 allow the
NEPA process and documentation to substitute for various aspects of the
NHPA review. See 36 CFR 800.8(c). This process is intended to improve
efficiency, promote transparency and accountability, and support a
broadened discussion of potential effects that the 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 July 2024. 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 March 2025. 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 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: www.permits.performance.gov/permitting-project/beacon-wind.
Scoping Process
This NOI commences the public scoping process to identify issues
and potential alternatives for consideration in the Beacon Wind EIS.
BOEM will hold virtual public scoping meetings at the times and dates
described above under the DATES heading. Throughout the scoping
process, Federal agencies, Tribes, State and local governments, and the
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 NHPA regulations.
NEPA Cooperating Agencies
BOEM invites other Federal agencies and State and local governments
to consider becoming cooperating agencies and invites federally
recognized Tribes to become cooperating Tribal governments in the
preparation of this EIS. The Council on Environmental Quality (CEQ)
NEPA regulations specify that cooperating 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.
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 should also 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 ICF International, Inc., the third-party EIS
contractor supporting BOEM in its administration of this review. ICF's
NHPA contact for this review is Alice Muntz at [email protected].
BOEM will determine which interested parties should be consulting
parties.
Comments
Federal agencies, Tribes, 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.
Information on Submitting Comments
a. Freedom of Information Act
BOEM will protect privileged or confidential information that you
submit when required by the Freedom of Information Act (FOIA).
Exemption 4 of FOIA applies to trade secrets and commercial or
financial information that is privileged or confidential. If you wish
to protect the confidentiality of such information, clearly label it
and request that BOEM treat it as confidential. BOEM will not disclose
such information if BOEM determines under 30 CFR 585.114(b) that it
qualifies for exemption from disclosure under FOIA. Please label
privileged or confidential information ``Contains Confidential
Information'' and consider submitting such information as a separate
attachment.
BOEM will not treat as confidential any aggregate summaries of such
information or comments not containing such privileged or confidential
information. Information that is not labeled as privileged or
confidential may be regarded by BOEM as suitable for public release.
[[Page 42390]]
b. Personally Identifiable Information (PII)
BOEM discourages anonymous comments. Please include your name and
address as part of your comment. You should be aware that your entire
comment, including your name, address, and any other personally
identifiable information included in your comment, may be made publicly
available. All comments from individuals, businesses, and organizations
will be available for public viewing on regulations.gov.
For BOEM to consider withholding your PII from disclosure, you must
identify any information contained in your comments that, if released,
would constitute a clearly unwarranted invasion of your personal
privacy. You must also briefly describe any possible harmful
consequences of the disclosure of information, such as embarrassment,
injury, or other harm. Even if BOEM withholds your information in the
context of this notice, your submission is subject to FOIA. If your
submission is requested under FOIA, your information will only be
withheld if a determination is made that one of FOIA's exemptions to
disclosure applies. Such a determination will be made in accordance
with the Department's FOIA regulations and applicable law.
c. Section 304 of the NHPA (54 U.S.C. 307103(a))
After consultation with the Secretary, BOEM is required to withhold
the location, character, or ownership of historic resources if it
determines that disclosure may, among other things, risk harm to the
historic resources or impede the use of a traditional religious site by
practitioners. Tribal entities should designate information that falls
under section 304 of NHPA as confidential.
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 (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 www.boem.gov/renewable-energy/state-activities/beacon-wind. BOEM's effects analysis for historic properties will be
available for public and consulting party comment with 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 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.
Karen J. Baker,
Chief, Office of Renewable Energy Programs, Bureau of Ocean Energy
Management.
[FR Doc. 2023-13918 Filed 6-29-23; 8:45 am]
BILLING CODE 4340-98-P