[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88107-88110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27930]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2023-0061]


Notice of Intent To Prepare a Programmatic Environmental Impact 
Statement for Future Floating Wind Energy Development Related to 2023 
Leased Areas Offshore California

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Notice of intent (NOI) to prepare a programmatic environmental 
impact statement (PEIS); 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 a 
PEIS to analyze the potential impacts of floating offshore wind energy 
development on the five leased areas offshore Humboldt and Morro Bay, 
California. The PEIS also will identify programmatic protective 
mitigation measures that if adopted could lessen those impacts. This 
NOI announces the scoping process BOEM will use to identify significant 
issues and potential alternatives for consideration in the California 
offshore wind (OSW) PEIS.

DATES: Comments are due to BOEM by February 20, 2024.
    BOEM will hold two virtual public scoping meetings for the 
California OSW PEIS.
    Tentative dates:
    Tuesday, February 6, 2024; and
    Thursday, February 8, 2024.
    Please go to https://www.boem.gov/california for meeting dates, 
times, and registration. Meetings are open to the public and free to 
attend. Pre-registration is not required to attend.

ADDRESSES: Comments can be submitted in the following ways:
     By mail or delivery service: Send comments in an envelope 
labeled, ``CALIFORNIA OSW PEIS'' and addressed to Chief, Environmental 
Assessment Section, Office of Environment, Bureau of Ocean Energy 
Management, 760 Paseo Camarillo, Suite 102, Camarillo, California 
93010; or
     Through the regulations.gov web portal: Navigate to 
https://www.regulations.gov and search for Docket No. BOEM-2023-0061. 
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 regarding the California OSW PEIS can be found 
on BOEM's website at: https://www.boem.gov/california.
    For more information about submitting comments, see ``Comments'' 
section under SUPPLEMENTARY INFORMATION caption.

FOR FURTHER INFORMATION CONTACT: Lisa Gilbane, BOEM Pacific Region 
Office of Environment, 760 Paseo Camarillo, Suite 102, Camarillo, 
California 93010, telephone (805) 384-6387, or email 
[email protected].

SUPPLEMENTARY INFORMATION: In December 2022, through a competitive 
leasing process under 30 CFR 585.211, BOEM auctioned Renewable Energy 
Leases OCS-P 0561, 0562, 0563, 0564, and 0565 offshore California. 
These leases total over 373,000 acres. These are the first wind energy 
leases offshore California and are anticipated to be commercially 
developed with floating foundations in waters from 500 to 1,300 meters 
deep. Three of the leases are offshore central California, near Morro 
Bay. The other two leases are offshore northern California, near 
Humboldt Bay. All leases grant the lessees the exclusive right to 
submit construction and operation plans (COPs) to BOEM proposing the 
construction, operation, and conceptual decommissioning of offshore 
wind energy facilities in the lease areas. BOEM identified these lease 
areas through an extensive data-gathering and engagement process that 
included the BOEM California Intergovernmental Renewable Energy Task 
Force, comprised of the State of California, numerous Tribal Nations, 
Federal agencies, and local governments.
    The PEIS will analyze the potential impacts of wind energy 
development in the five lease areas offshore California and consider 
measures that can be taken to avoid or reduce those impacts. The PEIS 
proposed action is the identification of programmatic

[[Page 88108]]

mitigation measures \1\ to lessen environmental impacts of wind energy 
development in the lease areas. BOEM may require mitigation measures as 
conditions of approval for activities proposed by lessees in their 
COPs. These measures may include the avoidance, minimization, 
mitigation, and monitoring (AMMM) measures previously used by BOEM in 
prior offshore wind energy project documents.
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    \1\ See 40 CFR 1508.1(s) for the definition of ``mitigation.''
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    BOEM may require all, some, or additional mitigation measures 
before approving a specific COP if its environmental analysis warrants. 
The PEIS will neither analyze a specific COP nor result in the approval 
of any construction and operation activities.

Purpose of and Need for the Proposed Action

    The purpose of the Proposed Action is to identify, analyze, and 
adopt, as appropriate, potential mitigation measures to be applied to 
the five California leases issued in 2023 in the event a COP is 
approved and identify minor or negligible impacts so that site-specific 
reviews can focus on moderate or major impacts and analyze regional 
cumulative impacts. This approach will allow BOEM to focus subsequent 
site- and project-specific environmental analyses and consultations on 
the unique impacts of individual proposed wind energy projects and on 
cumulative regional impacts. These subsequent analyses and 
consultations will identify the AMMM measures that are best suited for 
an individual project. Lessees also may incorporate mitigation measures 
into their proposed COPs. Project-specific environmental analysis under 
NEPA for individual project COPs may tier to or incorporate by 
reference this PEIS.
    These steps will help BOEM make timely decisions on COPs submitted 
by lessees for the Humboldt and Morro Bay lease areas. Timely decisions 
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)) and other 
requirements listed at 43 U.S.C. 1337(p)(4). Wind energy development on 
the leaseholds will assist with meeting Federal and State renewable 
energy goals, including the Federal Government's goals of deploying 30 
gigawatts (GW) of offshore wind energy capacity by 2030 and 15 GW of 
floating offshore wind capacity by 2035, and California's goal of 2-5 
GW of offshore wind energy generation by 2030.

Proposed Action and Preliminary Alternatives

    As noted above, the Proposed Action is the adoption of programmatic 
mitigation measures that lessees may incorporate or that BOEM may 
require as conditions of approval in COPs submitted for the California 
leases. The Proposed Action does not include the approval of any 
activity, nor does it require any specific action by BOEM or lessees. 
BOEM may require additional or modified measures based on subsequent 
site-specific NEPA analysis or the parameters of specific COPs. The 
analysis of the Proposed Action considers the change in potential 
impacts resulting from the application of mitigation measures. For 
purposes of the analysis, BOEM is creating a hypothetical development 
scenario based on a representative project design envelope. The 
National Renewable Energy Lab created this design envelope with the 
input of the lessees that will be submitting the COPs for the 
California leases.
    The PEIS will also include analysis of a no action alternative, 
which will evaluate the potential impacts of no development of the five 
lease areas offshore California. The no action alternative will include 
context that can be used in COP-specific NEPA analyses as a baseline 
against which proposed actions described in a COP may be compared.
    The draft PEIS will also include an alternative that analyzes the 
impacts of not adopting the programmatic mitigation measures for a 
representative project offshore California. This alternative will 
facilitate comparison of the potential impacts from a hypothetical 
development scenario, developed with input from California lessees, 
with and without the mitigation measures. This scenario will have a 
range of parameters that encompasses the technical aspects expected in 
the potential future COPs. In addition, this alternative will provide 
analyses that can be incorporated in the COP-specific NEPA analysis, as 
appropriate, to allow more attention on issues particular to the 
specific COP.
    BOEM also may evaluate additional reasonable alternatives to the 
Proposed Action identified during the scoping period.

Summary of Potential Impacts

    Potential impacts to resources may include adverse or beneficial 
impacts on air quality, bats, benthic habitat, birds, essential fish 
habitat, invertebrates, finfish, marine mammals, terrestrial and 
coastal habitats and fauna, sea turtles, wetlands and other waters of 
the United States, commercial fisheries and 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 scenic and 
visual resources. These potential impacts will be analyzed in the draft 
and final PEIS.
    Based on a preliminary evaluation of these resources, BOEM 
estimates that potential impacts may occur on certain marine life from 
underwater noise caused by construction and on marine mammals from 
collisions with project-related vessel traffic. Structures installed by 
the projects could permanently change benthic and fish habitats. 
Commercial fisheries (including Tribal fisheries) and recreational 
fishing could be impacted. Project structures above the water could 
affect the visual character defining historic properties, properties of 
traditional religious and cultural significance, and recreational and 
tourism areas. Project structures may also pose an allision hazard to 
vessels. Additionally, the projects could create space-use conflicts 
with military activities, air traffic, land-based radar services, 
cables, and scientific surveys. Beneficial impacts are also expected, 
including the creation of new habitat, job creation, and the potential 
reduction in carbon emissions when renewable energy replaces carbon-
based energy generation.

Anticipated Authorizations and Consultations

    Neither the PEIS nor the resulting programmatic record of decision 
(ROD) will authorize any activities or approve any plans submitted by 
any lessee. The PEIS and ROD will provide a regional environmental 
analysis and framework to support future decision-making on individual 
COPs. When COPs are submitted to BOEM, BOEM will evaluate the site-
specific project impacts by preparing additional environmental analyses 
that may tier from this PEIS or may incorporate it by reference. Based 
on the site-specific analyses, BOEM may approve, approve with 
modifications, or disapprove individual COPs. Neither this PEIS nor its 
associated ROD will result in a final agency action approving 
individual COPs.
    In conjunction with this PEIS, BOEM may undertake various 
consultations in accordance with applicable Federal laws, such as the 
Endangered Species Act, Magnuson[hyphen]Stevens Fishery

[[Page 88109]]

Conservation and Management Act, National Historic Preservation Act 
(NHPA), Marine Mammal Protection Act, Rivers and Harbors Act, Clean 
Water Act, and the Coastal Zone Management Act. However, BOEM may 
determine that some of these consultations are better suited for the 
COP-specific analyses. BOEM will also invite Tribal government-to-
government consultations.

Decision-Making Schedule

    BOEM currently expects to publish the draft PEIS for public comment 
in September 2024. After the public comment period ends, BOEM will 
review and respond to the comments and will develop the final PEIS. 
BOEM currently expects to make the final PEIS available to the public 
in December 2025. BOEM will issue a ROD no sooner than 30 days after 
the final PEIS is made available.
    The ROD is expected to (1) identify certain programmatic mitigation 
measures that BOEM may require, if appropriate, as conditions of 
approval for COPs submitted on these five California leases, (2) 
identify the mitigation measures that are better analyzed and 
considered in a COP-specific NEPA analysis, and (3) allow BOEM to use a 
tiered review process that relies on the PEIS analyses for the COPs 
submitted on these five California leases.
    Scoping Process: This NOI commences the public scoping process to 
identify issues and potential alternatives for consideration in this 
PEIS. Please visit https://www.boem.gov/california for virtual meeting 
locations, dates, times, and registration information. The scoping 
process provides the public, Federal agencies, and Tribal, State, and 
local governments with the opportunity to help BOEM identify resources, 
issues, impacts, possible mitigation measures (e.g., project size, 
geographic location, facility siting, and seasonal or other 
restrictions on construction), and reasonable alternatives to consider 
in the PEIS analysis.
    BOEM will also use the NEPA process to comply with public 
participation requirements under section 106 of the NHPA (54 U.S.C. 
300101 et seq.), as permitted by 36 CFR 800.2(d)(3). Through this 
notice, BOEM seeks public comment and input regarding the historic 
properties potentially affected by and the potential effects on those 
properties from activities associated with approval of wind energy 
development under these five leases offshore California. Information on 
cultural resources will help BOEM identify and evaluate impacts from 
the placement, development, and operation of offshore wind energy.
    NEPA Cooperating Agencies: BOEM invites other Federal agencies and 
Tribal, State, and local governments to consider becoming cooperating 
agencies in the preparation of this PEIS. The Council on Environmental 
Quality (CEQ) NEPA regulations specify that qualified cooperating 
agencies are those with ``jurisdiction by law or special expertise'' 
over potential environmental impacts of a proposed project. See 40 CFR 
1508.1(e). Potential cooperating agencies should consider their 
authority and capacity to assume the responsibilities of a cooperating 
agency. A cooperating 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: https://www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf.
    BOEM does not typically 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.
    Comments: Federal agencies; Tribal, State, and local governments; 
and other interested parties are requested to comment on the scope of 
this PEIS, significant issues that should be addressed, and reasonable 
alternatives that should be considered. For information on how to 
submit comments, see the ADDRESSES section above.
    Personally Identifiable Information (PII): BOEM discourages 
anonymous comments. Please include your name with your comment. You 
should be aware that your entire comment, including your name and any 
other PII included in your comment, may be made publicly available. All 
comments from individuals, businesses, and organizations will be 
available for public viewing one regulations.gov.
    Individuals can request that BOEM withhold their names, addresses, 
or other PII 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 your PII from disclosure, you must 
identify in a cover letter 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. Even if BOEM withholds your information in the 
context of this notice, your submission is subject to the Freedom of 
Information Act (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.
    Additionally, under section 304 of the 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, 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 falls under 
section 304 of the NHPA as confidential and provide their reasons.
    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, information, analysis, alternatives, 
or suggestions relevant to the analysis of 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,

[[Page 88110]]

BOEM requests information on the following topics:
    1. Potential programmatic mitigation measures, including wind 
energy development alternatives offshore California, and the effects 
these could have on:
     Biological resources, including bats, birds, coastal 
fauna, finfish, invertebrates, essential fish habitat, marine mammals, 
and sea turtles;
     Physical resources and conditions including air quality, 
water quality, and other waters of the United States;
     Socioeconomic and cultural resources, including any 
resources of concern to Tribal Nations, commercial fisheries and 
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, 
specifically if further visual analyses beyond the existing 2019 
California visual simulations (see https://www.boem.gov/california) 
could sufficiently inform potential programmatic mitigation measures 
without the site-specific project information that would be available 
to BOEM when it undertakes further viewshed analysis at the 
construction and operations review phase.
    2. Information on other current or planned activities in, or in the 
vicinity of, the five California wind energy lease areas under 
analysis.
    3. Possible alternatives and the alternatives' possible impacts on 
planned activities.
    4. Other impacts on the human environment from California wind 
energy development in the five lease areas, including any mitigation 
measures.
    5. Information on the following for the development of the 
representative project design envelope and activities scenario: layout 
of turbines (analyze one or more standard layouts); setbacks identified 
in the leases; size (wind turbine generator nameplate capacity), 
dimensions (tip height, hub height, and rotor diameter) and number of 
turbines; offshore substation type, dimensions, number, and location; 
type of foundation or mooring design; foundation or mooring 
installation method; scour protection; approach to cable emplacement 
(installation methods and disturbance corridor width); location of 
landfalls; onshore substation location; point of grid interconnection; 
ports, fabrication facilities, and staging areas; timing of onshore and 
offshore activities; and associated activities such as vessel trips.
    6. BOEM also seeks comment and input from the public and consulting 
parties under section 106 of the NHPA regarding the identification of 
other potential consulting parties, the identification of historic 
properties offshore California, the potential effects on those historic 
properties from California offshore wind energy development 
alternatives, including any mitigation measures, and any information 
that supports identification of historic properties under NHPA.
    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 must explain why the issues raised are important for 
consideration in the analysis. The draft PEIS will include a summary of 
all alternatives, information, and analyses submitted during this 
scoping process.
    Authority: 42 U.S.C. 4321 et seq., and 40 CFR 1501.9.

Douglas Boren,
Pacific Regional Director, Bureau of Ocean Energy Management.
[FR Doc. 2023-27930 Filed 12-19-23; 8:45 am]
BILLING CODE 4340-98-P