Notice of Intent To Prepare an Environmental Impact Statement for Empire Offshore Wind, LLC's Proposed Wind Energy Facilities Offshore New York

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

June 24, 2021

Issuing agencies

Interior DepartmentOcean Energy Management Bureau

Abstract

Consistent with the regulations implementing the National Environmental Policy Act (NEPA), the Bureau of Ocean Energy Management (BOEM) announces its intent to prepare an environmental impact statement (EIS) for the review of a construction and operations plan (COP) submitted by Empire Offshore Wind, LLC (Empire). The COP proposes the construction and operation of two wind energy facilities offshore New York with two export cable routes and up to three export cable landfalls in New York. This notice of intent (NOI) announces the EIS scoping process for the Empire Wind COP. Additionally, this NOI seeks public comment and input under section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations. Detailed information about the proposed wind energy facilities, including the COP, can be found on BOEM's website at: https://www.boem.gov/Empire- Wind/.

Full Text

<html>
<head>
<title>Federal Register, Volume 86 Issue 119 (Thursday, June 24, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33351-33354]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13408]

[[Page 33351]]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2021-0038]

Notice of Intent To Prepare an Environmental Impact Statement for
Empire Offshore Wind, LLC's Proposed Wind Energy Facilities Offshore
New York

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Notice of intent to prepare an environmental impact statement.

-----------------------------------------------------------------------

SUMMARY: Consistent with the regulations implementing the National
Environmental Policy Act (NEPA), the Bureau of Ocean Energy Management
(BOEM) announces its intent to prepare an environmental impact
statement (EIS) for the review of a construction and operations plan
(COP) submitted by Empire Offshore Wind, LLC (Empire). The COP proposes
the construction and operation of two wind energy facilities offshore
New York with two export cable routes and up to three export cable
landfalls in New York. This notice of intent (NOI) announces the EIS
scoping process for the Empire Wind COP. Additionally, this NOI seeks
public comment and input under section 106 of the National Historic
Preservation Act (NHPA) and its implementing regulations. Detailed
information about the proposed wind energy facilities, including the
COP, can be found on BOEM's website at: <a href="https://www.boem.gov/Empire-Wind/">https://www.boem.gov/Empire-Wind/</a>.

DATES: Comments should be submitted no later than July 26, 2021.
BOEM will hold virtual public scoping meetings for the Empire Wind
EIS at the following dates and times (Eastern):

<bullet> Wednesday, June 30, 2021, 5:00 p.m.;
<bullet> Thursday, July 8, 2021, 5:00 p.m.; and
<bullet> Tuesday, July 13, 2021, 1:00 p.m.

ADDRESSES: Comments can be submitted in any of the following ways:
<bullet> Delivered by mail or delivery service, enclosed in an
envelope labeled ``Empire Wind COP EIS,'' and addressed to Program
Manager, Office of Renewable Energy, Bureau of Ocean Energy Management,
45600 Woodland Road, Sterling, Virginia 20166, or
<bullet> Through the <a href="http://regulations.gov">regulations.gov</a> web portal: Navigate to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and search for Docket No. BOEM-2021-0038. Click on
the ``Comment'' button. Enter your information and comment, then click
``Submit Comment.''

FOR FURTHER INFORMATION CONTACT: Michelle Morin, BOEM Office of
Renewable Energy Programs, 45600 Woodland Road, Sterling, Virginia
20166, (703) 787-1722 or <a href="/cdn-cgi/l/email-protection#2b464248434e47474e0546445942456b49444e46054c445d"><span class="__cf_email__" data-cfemail="523f3b313a373e3e377c3f3d203b3c12303d373f7c353d24">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Purpose and Need for the Proposed Action

In Executive Order 14008, President Biden stated that it is the
policy of the United States ``to organize and deploy the full capacity
of its agencies to combat the climate crisis to implement a Government-
wide approach that reduces climate pollution in every sector of the
economy; increases resilience to the impacts of climate change;
protects public health; conserves our lands, waters, and biodiversity;
delivers environmental justice; and spurs well-paying union jobs and
economic growth, especially through innovation, commercialization, and
deployment of clean energy technologies and infrastructure.''
Through a competitive leasing process under 30 CFR 585.211, Empire
was awarded Renewable Energy Lease OCS-A 0512 covering an area offshore
New York (the Lease Area). Empire has the exclusive right to submit a
COP for activities within the Lease Area, and it has submitted a COP to
BOEM proposing the construction and installation, operations and
maintenance, and conceptual decommissioning of two separate offshore
wind energy facilities in the Lease Area (the Projects).
The goal of Empire is to develop two commercial-scale, offshore
wind energy facilities in the Lease Area (Empire Wind 1 and Empire Wind
2). The individual projects within the Lease Area will be electrically
isolated and constructed independently from each other. Each project
will connect to the grid via separate offshore substations to separate
points of interconnection at onshore locations by way of separate
export cable routes and onshore substations. The Projects would
contribute to New York's goal of 9 gigawatts of offshore wind energy
generation by 2035, as outlined in the Climate Leadership and Community
Project Act, signed on July 18, 2019. Furthermore, Empire's goal to
construct and operate commercial-scale, offshore wind energy facilities
in the Lease Area is intended to fulfill the New York State Energy
Research and Development Authority (NYSERDA) July 18, 2019,
solicitation award for the 816-megawatt (MW) Empire Wind 1 Project and
the January 13, 2021, solicitation award for the 1,260-MW Empire Wind 2
Project.
Based on the goals of the applicant and BOEM's authority, the
purpose of BOEM's action is to respond to Empire's COP proposal and
determine whether to approve, approve with modifications, or disapprove
Empire's COP to construct and install, operate and maintain, and
decommission two commercial-scale, offshore wind energy facilities
within the Lease Area (the Proposed Action). BOEM's action is needed to
further the United States policy to make Outer Continental Shelf energy
resources available for expeditious and orderly development, subject to
environmental safeguards (43 U.S.C. 1332(3)), including consideration
of natural resources, safety of navigation, and existing ocean uses.
In addition, the National Oceanic and Atmospheric Administration's
(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 pursuant to the Marine
Mammal Protection Act (MMPA). NMFS's 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 the
proponent's request for authorization to take marine mammals incidental
to specified activities associated with the Project (e.g., pile
driving)--is to evaluate the applicant's request pursuant to specific
requirements of the MMPA and its implementing regulations administered
by NMFS, considering 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 and
D)) and its implementing regulations. If NMFS makes the findings
necessary to issue the requested authorization, NMFS intends to adopt
this EIS to support that decision and fulfill its NEPA requirements.
The U.S. Army Corps of Engineers (USACE) Philadelphia 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). The USACE considers
issuance of a permit

[[Page 33352]]

under these two delegated authorities a major Federal action connected
to BOEM's proposed action (40 CFR 1501.9(e)(1)). The purpose and need
for the project as provided by the applicant in the COP and reviewed by
USACE for NEPA purposes: The purpose of the Project is to generate
renewable electricity from an offshore wind farm located in the Lease
Area. The Project addresses the need identified by New York for
renewable energy and will help the State of New York Public Service
Commission 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. USACE intends
to adopt BOEM's EIS to support its decision on any permits requested
under section 10 of the RHA or section 404 of the CWA.

Preliminary Proposed Action and Alternatives

The Proposed Action is the construction and operation of two wind
energy facilities, as described in the COP submitted by Empire on the
area covered by Lease OCS-A 0512. In its COP, Empire is proposing to
develop the Lease Area as two individual projects, known as Empire Wind
1 and Empire Wind 2. Empire Wind 1 and Empire Wind 2 would be
electrically isolated and independent from each other and would connect
to the New York electrical grid via offshore substations to separate
onshore locations by way of separate export cable routes and onshore
substations.
Together, the Projects would involve the construction and operation
of up to 174 wind turbine generators, two offshore substations, inter-
array cables, up to three submarine export cable routes, up to three
export cable landfalls that connect to onshore export cable systems,
and two onshore substations providing connection to the existing
electrical grid in New York. The wind turbine generator foundations may
be monopiles, gravity base structures with associated support and
access structures, or some combination of the two. The wind turbine
generators, offshore substations, foundations, and inter-array cables
would be located within the Lease Area on the Outer Continental Shelf,
approximately 14 statute miles (12 nautical miles) south of Long
Island, New York, and 19.5 statute miles (16.9 nautical miles) east of
Long Branch, New Jersey. The offshore export cables would be buried
below the seabed. The onshore export cables would connect to two
onshore substations in Brooklyn, New York, and Oceanside, New York.
In addition to the Proposed Action and the no action alternative
(i.e., disapproval of the COP), potential alternatives that the draft
EIS could analyze include approving the COP with some no-surface
occupancy areas within the Lease Area, navigation corridors or buffers
within the Lease Area, time of year restrictions for construction, and
other possible reasonable alternatives. Reasonable alternatives
identified during the scoping period will be evaluated in the draft
EIS.
Once BOEM completes the EIS and associated consultations, BOEM will
decide whether to approve, approve with modification, or disapprove
Empire's COP. If BOEM approves the COP and the Projects are
constructed, the lessee must submit a plan to decommission the
facilities before the end of the lease term.

Summary of Potential Impacts

The draft EIS will identify and describe the potential effects of
the Proposed Action on the human environment that are reasonably
foreseeable and have a reasonably close causal relationship to the
Proposed Action. This includes such potential effects that occur at the
same time and place as the Proposed Action or alternatives and such
potential effects that are later in time or occur in a different place.
Potential impacts include, but are not limited to, impacts (both
beneficial and adverse) to 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. The effects of these
potential impacts will be analyzed in the draft and final EIS.
Based on a preliminary evaluation of these resources, BOEM expects
potential impacts to sea turtles and marine mammals from underwater
noise caused by construction and from collisions with Projects-related
vessel traffic. Structures that Empire would install could permanently
change benthic habitat and other fish habitat. Commercial fisheries and
for-hire recreational fishing may be impacted. Project structures above
the water may affect the visual character that defines historic
properties and recreation and tourism areas. Project structures 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 Projects may adversely impact military use, air traffic, land-based
radar services, cables and pipelines, scientific surveys, and any
future mineral extraction. Beneficial impacts are also expected by
facilitating achievement of State renewable energy goals, increased job
opportunities, improving air quality, and reduced carbon emissions. The
EIS will analyze measures that would avoid, minimize, or otherwise
mitigate potential 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 Projects. In
addition to those previously discussed (i.e., NEPA, NHPA, MMPA, RHA,
and CWA), other applicable Federal laws include the Endangered Species
Act, Magnuson[hyphen]Stevens Fishery Conservation and Management Act,
and Coastal Zone Management Act. BOEM will also conduct government-to-
government consultations with federally recognized Tribes (Tribes). For
a full listing of regulatory requirements applicable to the Projects,
please see the COP, volume I available at <a href="https://www.boem.gov/Empire-Wind/">https://www.boem.gov/Empire-Wind/</a>.
BOEM has chosen to utilize the NEPA substitution process to fulfill
its obligations under NHPA. While BOEM's obligations under NHPA and
NEPA are independent, the regulations implementing NHPA allow the use
of NEPA review to substitute for various aspects of NHPA's section 106
(54 U.S.C. 306108) review to improve efficiency, promote transparency
and accountability, and support a broadened discussion of potential
effects that a project may have on the human environment. As provided
in 36 CFR 800.8(c), the NEPA process and documentation required for
preparation of an EIS and record of decision (ROD) can be used to
fulfill a lead Federal agency's NHPA section 106 review obligations in
lieu of the procedures set forth in 36 CFR 800.3 through 800.6. During
preparation of the EIS, BOEM will ensure that the NEPA substitution
process will meet its NHPA obligations

[[Page 33353]]

in a manner that fully implements this alternative process.

Schedule for the Decision-Making Process

After the draft EIS is completed, BOEM will publish a notice of
availability (NOA) and request public comments on the draft EIS. BOEM
expects to issue the NOA in August 2022. After the public comment
period ends, BOEM will review and respond to comments received and will
develop the final EIS. BOEM expects to make the final EIS available to
the public in April 2023. A ROD will be completed no sooner than 30
days after the final EIS is released, in accordance with 40 CFR
1506.11.
Scoping Process: This NOI begins the public scoping process for
identifying issues and potential alternatives for consideration in the
Empire Wind EIS. The scoping process is intended to provide all those
interested, including Federal agencies, Tribes, State and local
governments, industry, non-governmental organizations, and the general
public, with an opportunity to provide information they consider
appropriate for BOEM to consider. BOEM is very interested in
information that will help it determine significant resources and
issues, impact-producing factors, reasonable alternatives (e.g., size,
geographic, seasonal, or other restrictions on construction and siting
of facilities and activities), and potential mitigation measures to be
analyzed in the EIS.
In the interests of efficiency, completeness, and facilitating
public involvement, BOEM will use the NEPA process to fulfill NHPA's
public involvement requirements under 36 CFR 800.2(d). BOEM will
consider all written requests from individuals or organizations to
participate as consulting parties under NHPA and, as discussed below,
will determine who among those parties will be a consulting party in
accordance with NHPA regulations.
BOEM will hold virtual public scoping meetings for the Empire Wind
EIS at the following dates and times (eastern):

<bullet> Wednesday, June 30, 2021, 5:00 p.m.;
<bullet> Thursday, July 8, 2021, 5:00 p.m.; and
<bullet> Tuesday, July 13, 2021, 1:00 p.m.

Registration for the virtual public meetings may be completed here:
<a href="https://www.boem.gov/Empire-Wind-Scoping-Virtual-Meetings">https://www.boem.gov/Empire-Wind-Scoping-Virtual-Meetings</a> or by calling
(703) 787-1015.
NEPA Cooperating Agencies: BOEM invites other Federal agencies,
Tribes, and State and local governments to consider becoming
cooperating agencies in the preparation of this EIS. The Council on
Environmental Quality's (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
time 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 CEQ's memorandum entitled
``Cooperating Agencies in Implementing the Procedural Requirements of
the National Environmental Policy Act,'' dated January 30, 2002. This
document is available at: <a href="http://energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf">http://energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf</a>.
BOEM, as the lead agency, will not provide financial assistance to
cooperating agencies. Even if a governmental entity is not a
cooperating agency, it will have opportunities to provide information
and comments to BOEM during the public input stages of the NEPA
process.
NHPA Consulting Parties: Certain individuals and organizations with
a demonstrated interest in the Projects may 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 Projects.
Additionally, the same provision allows those with concerns about the
Projects' effect on historic properties to request to be consulting
parties.
Before issuing this NOI, BOEM compiled a list of potential
consulting parties and invited them in writing to become consulting
parties. To become a consulting party, those invited must respond in
writing, preferably by the requested response date.
Interested individuals or organizations that did not receive an
invitation may request to be consulting parties by writing to the
appropriate staff at ICF, which is supporting BOEM in its
administration of this review. ICF's contact for this review is January
Tavel at <a href="/cdn-cgi/l/email-protection#a2e7cfd2cbd0c7f5cbccc6f1c7c1d6cbcdcc939294e2cbc1c48cc1cdcf"><span class="__cf_email__" data-cfemail="f3b69e839a8196a49a9d97a09690879a9c9dc2c3c5b39a9095dd909c9e">[email&#160;protected]</span></a> or (415) 677-7107. 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. 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 may request that BOEM withhold their names, addresses, and
other personally identifiable information from the public record;
however, BOEM cannot guarantee that it will be able to do so. For BOEM
to withhold from disclosure your personally identifiable information,
you must identify any information contained in your comment 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. 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 information on the Proposed Action, including data,
comments, views, information, analysis, alternatives, or suggestions
from Federal agencies, Tribes, State and local governments, the
scientific community, industry, interested parties, and members of the
public. Specifically:
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 such as air or water (including

[[Page 33354]]

wetlands), particularly air and water quality.
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 public comment
and input from consulting parties regarding the identification of
historic properties within the Proposed Action's area of potential
effects and the potential effects to those historic properties from the
activities proposed under the COP. BOEM also solicits proposed measures
to avoid, minimize, or otherwise mitigate any adverse effects on
historic properties. Consistent with confidentiality requirements, BOEM
will present available information regarding known historic properties
during the public scoping period. 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 near
the Proposed Action and possible impacts on the Projects or the
Projects' 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 participate 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 by federal agencies, Tribes, State
and local governments, and other public entities 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. 2021-13408 Filed 6-23-21; 8:45 am]
BILLING CODE 4310-MR-P

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on June 24, 2021.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.