Notice2021-18741
Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Sunrise Wind Farm Project on the Northeast Atlantic Outer Continental Shelf
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Published
August 31, 2021
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
Consistent with the regulations implementing the National Environmental Policy Act (NEPA), BOEM announces its intent to prepare an EIS for the review of a construction and operations plan (COP) submitted by Sunrise Wind LLC (Sunrise Wind) for the construction, and operation of a wind energy facility offshore Massachusetts, Rhode Island, and New York with a proposed interconnection location at the existing Holbrook Substation. BOEM seeks public comment for the EIS scoping process as well as comment concerning compliance with section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations. Detailed information about the proposed wind energy facility, including the COP, can be found on BOEM's website at: www.boem.gov/Sunrise-Wind.
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<title>Federal Register, Volume 86 Issue 166 (Tuesday, August 31, 2021)</title>
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[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Notices]
[Pages 48763-48767]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18741]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2021-0052]
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Sunrise Wind Farm Project on the Northeast Atlantic Outer
Continental Shelf
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Notice of intent (NOI) to prepare an environmental impact
statement (EIS); request for comments.
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SUMMARY: Consistent with the regulations implementing the National
Environmental Policy Act (NEPA), BOEM announces its intent to prepare
an EIS for the review of a construction and operations plan (COP)
submitted by Sunrise Wind LLC (Sunrise Wind) for the construction, and
operation of a wind energy facility offshore Massachusetts, Rhode
Island, and New York with a proposed interconnection location at the
existing Holbrook Substation. BOEM seeks public comment for the EIS
scoping process as well as comment concerning compliance with section
106 of the National Historic Preservation Act (NHPA) and its
implementing regulations. Detailed information about the proposed wind
energy facility, including the COP, can be found on BOEM's website at:
<a href="http://www.boem.gov/Sunrise-Wind">www.boem.gov/Sunrise-Wind</a>.
DATES: Comments are due to BOEM no later than September 30, 2021.
BOEM will hold virtual public scoping meetings for the Sunrise Wind
EIS at the following dates and times (eastern daylight time):
<bullet> Thursday, September 16, 5:30 p.m.;
<bullet> Monday, September 20, 1:00 p.m.; and
<bullet> Wednesday, September 22, 5:30 p.m.
Registration for the virtual public meetings may be completed here:
<a href="https://www.boem.gov/Sunrise-Wind">https://www.boem.gov/Sunrise-Wind</a>-Scoping-Virtual-Meetings or by
calling (703) 787-1073.
ADDRESSES: Comments can be submitted in any of the following ways:
<bullet> In written form, delivered by mail or delivery service,
enclosed in an envelope labeled, ``SUNRISE WIND COP EIS'' and addressed
to Program Manager, Office of Renewable Energy, Bureau of Ocean Energy
Management, 45600 Woodland Road, Sterling, Virginia 20166; or
<bullet> Through the <a href="http://regulations.gov">regulations.gov</a> web portal: Navigate to http:/
/
[[Page 48764]]
www.regulations.gov and search for Docket No. BOEM-2021-0052. Click on
the ``Comment Now!'' button to the right of the document link. Enter
your information and comment, then click ``Submit.''
FOR FURTHER INFORMATION CONTACT: Michelle Morin, BOEM Office of
Renewable Energy Programs, 45600 Woodland Road, Sterling, Virginia
20166, (703) 787-1722 or <a href="/cdn-cgi/l/email-protection#6904000a010c05050c4704061b0007290b060c04470e061f"><span class="__cf_email__" data-cfemail="224f4b414a474e4e470c4f4d504b4c62404d474f0c454d54">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Purpose of and Need for the Proposed Action
In Executive Order 14008, President Biden stated that it is the
policy of the United States:
to organize and deploy the full capacity of its agencies to combat
the climate crisis to implement a Government-wide approach that
reduces climate pollution in every sector of the economy; increases
resilience to the impacts of climate change; protects public health;
conserves our lands, waters, and biodiversity; delivers
environmental justice; and spurs well-paying union jobs and economic
growth, especially through innovation, commercialization, and
deployment of clean energy technologies and infrastructure.
Sunrise Wind has the exclusive right to submit a COP for activities
located offshore Massachusetts, Rhode Island, and New York in the area
covered by BOEM Renewable Energy Lease OCS-A 0487 (Lease Area). A
portion of the area covered by Renewable Energy Lease OCS-A 0500 and
the entirety of the area covered by Renewable Energy Lease OCS-A 0487
were merged and included in a revised Lease OCS-A 0487 issued to
Sunrise Wind on March 15, 2021. Sunrise Wind has submitted a COP to
BOEM proposing the construction and installation, operations and
maintenance, and conceptual decommissioning of an offshore wind energy
facility in the Lease Area (Project).
Sunrise Wind's purpose and need is to develop a commercial-scale,
offshore wind energy facility in the Lease Area, with up to 122 wind
turbine generators, an offshore converter station (OCS-DC), inter-array
cables, an onshore converter station (OnCS-DC), an offshore
transmission cable making landfall on Long Island, New York, and an
onshore interconnection cable to the Long Island Power Authority
Holbrook Substation. The Project will generate between 880 megawatts
(MW) and 1,300 MW of renewable energy. This Project will help the State
of New York achieve the aggressive clean energy goals set forth in the
Clean Energy Standards Order and the Climate Leadership and Community
Protection Act through a power purchase agreement (PPA) contract with
the New York State Energy Research and Development Authority to deliver
880 MW of offshore wind energy.
Sunrise Wind may modify its PPA contract with NYSERDA to deliver up
to 924 MW of offshore wind energy.
Based on the goals of the applicant and BOEM's authority, the
purpose of BOEM's action is to respond to Sunrise Wind's COP proposal
and determine whether to approve, approve with modifications, or
disapprove Sunrise Wind's COP to construct and install, operate and
maintain, and decommission a commercial-scale offshore wind energy
facility within the Lease Area (the Proposed Action). BOEM's action is
needed to further the United States' policy to make Outer Continental
Shelf energy resources available for expeditious and orderly
development, subject to environmental safeguards (43 U.S.C. 1332(3)),
including consideration of natural resources, safety of navigation, and
other ocean uses.
In addition, the National Oceanic and Atmospheric Administration
(NOAA) National Marine Fisheries Service (NMFS) anticipates receipt of
one or more requests for authorization to take marine mammals
incidental to activities related to the Project under the Marine Mammal
Protection Act (MMPA). NMFS' issuance of an MMPA incidental take
authorization is a major Federal action, and, in relation to BOEM's
action, is considered a connected action (40 CFR 1501.9(e)(1)). The
purpose of the NMFS action--which is a direct outcome of Sunrise Wind's
request for authorization to take marine mammals incidental to
specified activities associated with the Project (e.g., pile driving)--
is to evaluate Sunrise Wind's request pursuant to specific requirements
of the MMPA and its implementing regulations administered by NMFS,
considering impacts of Sunrise Wind's activities on relevant resources,
and if appropriate, issue the authorization. NMFS needs to render a
decision regarding the request for authorization due to NMFS'
responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(D)) and its
implementing regulations. If, after independent review, NMFS makes the
findings necessary to issue the requested authorization, NMFS intends
to adopt BOEM's environmental impact statement (EIS) to support that
decision and fulfill its National Environmental Policy Act (NEPA)
requirements.
The U.S. Army Corps of Engineers (USACE) New York District
anticipates a permit action to be undertaken through authority
delegated to the District Engineer by 33 CFR 325.8, under section 10 of
the Rivers and Harbors Act of 1899 (RHA) (33 U.S.C. 403) and section
404 of the Clean Water Act (CWA) (33 U.S.C. 1344). In addition, it is
anticipated that a section 408 permission will be required pursuant to
Section 14 of the RHA of 1899 (33 U.S.C. 408) for any proposed
alterations that have the potential to alter, occupy or use any USACE
federally authorized Civil Works projects. The USACE considers issuance
of a permit under these three delegated authorities a major Federal
action connected to BOEM's Proposed Action (40 CFR 1501.9(e)(1)).
Sunrise Wind's stated purpose and need for the project, as indicated
above, is to provide a commercially viable offshore wind energy project
within the Lease Area to help New York achieve its renewable energy
goals. The basic project purpose, as determined by USACE for section
404(b)(1) guidelines evaluation, is offshore wind energy generation.
The overall project purpose for section 404(b)(1) guidelines
evaluation, as determined by USACE, is the construction and operation
of a commercial-scale offshore wind energy project for renewable energy
generation and distribution to the New York energy grid. The purpose of
USACE section 408 action as determined by EC 1165-2-220 is to evaluate
the applicant's request and determine whether the proposed alterations
are injurious to the public interest or impair the usefulness of the
USACE project. USACE section 408 permission is needed to ensure that
Congressionally authorized projects continue to provide their intended
benefits to the public. USACE intends to adopt BOEM's EIS to support
its decision on any permits/permissions requested under section 10 of
the RHA, or section 404 of the CWA, and section 408 of the RHA. The
USACE would adopt the EIS per 40 CFR 1506.3 if, after its independent
review of the document, it concludes that the EIS satisfies the USACE's
comments and recommendations. Based on its participation as a
cooperating agency and its consideration of the final EIS, the USACE
would issue a Record of Decision to formally document its decision on
the proposed action.
Preliminary Proposed Action and Alternatives
As noted above, Sunrise Wind is proposing to construct and operate
up to 122 wind turbine generators, an OCS-DC, inter-array cables, an
OnCS-DC, an offshore transmission cable making landfall on Long Island,
New York, and an onshore interconnection cable to the
[[Page 48765]]
Long Island Power Authority Holbrook Substation. The wind turbine
generator foundations may be monopiles or gravity base structures with
associated support and access structures, in some combination or
entirely of one kind. The wind turbine generators, offshore
substations, foundations, and inter-array cables would be located
within the Lease Area in federal waters approximately 18.9 statute
miles (mi) (16.4 nautical miles [nm], 30.4 kilometers [km]) south of
Martha's Vineyard, Massachusetts; approximately 30.5 mi (26.5 nm, 48.1
km) east of Montauk, New York, and approximately16.7 mi (14.5 nm, 26.8
km) from Block Island, Rhode Island. The offshore export cables would
be buried below the seabed in federal and New York State waters. If any
reasonable alternatives are identified during the scoping period, BOEM
will evaluate those alternatives in the draft EIS, which will also
include a no action alternative. Under the no action alternative, BOEM
would disapprove the COP and the proposed wind energy facility would
not be built.
Once BOEM completes the EIS and associated consultations, BOEM will
decide whether to approve, approve with modification, or disapprove the
Sunrise Wind COP. If BOEM approves the COP, Sunrise Wind must comply
with all conditions of its approval.
Summary of Potential Impacts
The draft EIS will identify and describe the potential effects of
the Proposed Action on the human environment that are reasonably
foreseeable and have a reasonably close causal relationship to the
Proposed Action. This includes such effects that occur at the same time
and place as the Proposed Action or alternatives and effects that are
later in time or occur in a different place. Potential impacts include,
but are not limited to, impacts (whether beneficial or adverse) on air
quality, water quality, bats, benthic habitat, essential fish habitat,
invertebrates, finfish, birds, marine mammals, terrestrial and coastal
habitats and fauna, sea turtles, wetlands and other waters of the
United States, commercial fisheries and for-hire recreational fishing,
cultural resources, demographics, employment, economics, environmental
justice, land use and coastal infrastructure, navigation and vessel
traffic, other marine uses, recreation and tourism, and visual
resources. These potential impacts will be analyzed in the draft and
final EIS.
Based on a preliminary evaluation of these resources, BOEM expects
potential impacts on sea turtles and marine mammals from underwater
noise caused by construction and from collision risks with Project-
related vessel traffic. Structures installed by the Project could
permanently change benthic habitat and other fish habitat (e.g.,
creation of artificial reefs). Commercial fisheries and for-hire
recreational fishing could be impacted. Project structures above the
water could affect the visual character defining historic properties
and have visual impacts on recreational and tourism areas. Project
structures also would pose an allision and height hazard to vessels
passing close by, and vessels would in turn pose a hazard to the
structures. Additionally, the Project could cause conflicts with
military activities, air traffic, land-based radar services, cables and
pipelines, and scientific surveys. Beneficial impacts are also expected
by facilitating achievement of State renewable energy goals, increasing
job opportunities, improving air quality, and reducing carbon
emissions. Specifically, for increasing job opportunities, an 880 MW
Sunrise Wind project is estimated to support more than 2,500 job-years
during the development and construction phases of the project. During
the operations and maintenance phase an 880 MW Sunrise offshore wind
project will support about 270 jobs per year during its 35-year
operational phase. If Sunrise Wind increases the MW installed, the
number of jobs supported will be greater than the estimates cited for
the 880 MW project. The EIS will analyze measures that would avoid,
minimize, or mitigate environmental effects.
Anticipated Permits and Authorizations
In addition to the requested COP approval, various other Federal,
State, and local authorizations will be required for the Project.
Applicable Federal laws include the Endangered Species Act,
Magnuson[hyphen]Stevens Fishery Conservation and Management Act, NEPA,
MMPA, RHA, CWA, and the Coastal Zone Management Act. BOEM will also
conduct government-to-government Tribal consultations. For a detailed
listing of regulatory requirements applicable to the Project, please
see the COP, volume I, available at <a href="https://www.boem.gov/Sunrise-Wind">https://www.boem.gov/Sunrise-Wind</a>.
BOEM has chosen to use the NEPA substitution process to fulfill its
obligations under NHPA. While BOEM's obligations under NHPA and NEPA
are independent, regulations implementing section 106 of the NHPA, at
36 CFR 800.8(c), allow the NEPA process and documentation to substitute
for various aspects of review otherwise required under the NHPA. This
substitution is intended to improve efficiency, promote transparency
and accountability, and support a broadened discussion of potential
effects that a project could have on the human environment. During
preparation of the EIS, BOEM will ensure that the NEPA substitution
process will fully meet all NHPA obligations.
Schedule for the Decision-Making Process
After the draft EIS is completed, BOEM will publish a notice of
availability (NOA) and request public comments on the draft EIS. BOEM
currently expects to issue the NOA in October 2022. After the public
comment period ends, BOEM will review and respond to comments received
and will develop the final EIS. BOEM currently expects to make the
final EIS available to the public in July 2023. A record of decision
(ROD) will be completed no sooner than 30 days after the final EIS is
released, in accordance with 40 CFR 1506.11.
This project is a ``covered project'' under section 41 of the
Fixing America's Surface Transportation Act (FAST-41). FAST-41 provides
increased transparency and predictability by requiring Federal agencies
to publish comprehensive permitting timetables for all covered
projects. FAST-41 also provides procedures for modifying permitting
timetables to address the unpredictability inherent in the
environmental review and permitting process for significant
infrastructure projects. To view the FAST-41 Permitting Dashboard for
the Project, visit: <a href="https://cms.permits.performance.gov/permitting-project/sunrise-wind-farm">https://cms.permits.performance.gov/permitting-project/sunrise-wind-farm</a>.
Scoping Process
This NOI commences the public scoping process to identify issues
and potential alternatives for consideration in the Sunrise Wind EIS.
BOEM will hold virtual public scoping meetings at the times and dates
described above. Throughout the scoping process, Federal agencies,
state, tribal, and local governments, and the general public have the
opportunity to help BOEM identify significant resources and issues,
impact-producing factors, reasonable alternatives (e.g., size,
geographic, seasonal, or other restrictions on construction and siting
of facilities and activities), and potential mitigation measures to be
analyzed in the EIS, as well as to provide additional information.
As noted above, BOEM will use the NEPA substitution process
provided for in the NHPA regulations. BOEM will
[[Page 48766]]
consider all written requests from individuals or organizations to
participate as consulting parties under NHPA and, as discussed below,
will determine who among those parties will be a consulting party in
accordance with NHPA regulations.
NEPA Cooperating Agencies: BOEM invites other Federal agencies and
state, tribal, and local governments to consider becoming cooperating
agencies in the preparation of this EIS. The NEPA regulations specify
that qualified agencies and governments are those with ``jurisdiction
by law or special expertise.'' Potential cooperating agencies should
consider their authority and capacity to assume the responsibilities of
a cooperating agency and should be aware that an agency's role in the
environmental analysis neither enlarges nor diminishes the final
decision-making authority of any other agency involved in the NEPA
process.
Upon request, BOEM will provide potential cooperating agencies with
a written summary of expectations for cooperating agencies, including
schedules, milestones, responsibilities, scope and detail of
cooperating agencies' contributions, and availability of pre-decisional
information. BOEM anticipates this summary will form the basis for a
memorandum of agreement between BOEM and any non-Department of the
Interior cooperating agency. Agencies also should consider the factors
for determining cooperating agency status in the Council on
Environmental Quality memorandum entitled, ``Cooperating Agencies in
Implementing the Procedural Requirements of the National Environmental
Policy Act,'' dated January 30, 2002. This document is available on the
internet at: <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, does not provide financial assistance to
cooperating agencies. Governmental entities that are not cooperating
agencies will have opportunities to provide information and comments to
BOEM during the public input stages of the NEPA process.
NHPA Consulting Parties: Certain individuals and organizations with
a demonstrated interest in the Project can request to participate as
NHPA consulting parties under 36 CFR 800.2(c)(5) based on their legal
or economic stake in historic properties affected by the Project.
Interested parties are referred to that provision to learn under what
circumstances and how those with concerns about the Project's effect on
historic properties may request to be consulting parties.
Before issuing this NOI, BOEM compiled a list of potential
consulting parties and invited them in writing to become consulting
parties. To become a consulting party, those invited must respond in
writing, by the requested response date.
Interested individuals or organizations that did not receive an
invitation can request to be consulting parties by writing to the
appropriate staff at SEARCH, the third party EIS contractor supporting
BOEM in its administration of this review. SEARCH's NHPA contact for
this review is Dr. Barry Bleichner (504-291-6446), <a href="/cdn-cgi/l/email-protection#aecccfdcdcd7eeddcbcfdccdc6c7c0cd80cdc1c3"><span class="__cf_email__" data-cfemail="44262536363d0437212536272c2d2a276a272b29">[email protected]</span></a>.
BOEM will determine which interested parties should be consulting
parties.
Comments: Federal agencies, tribal, state, and local governments,
and other interested parties are requested to comment on the scope of
this EIS, significant issues that should be addressed, and alternatives
that should be considered. For information on how to submit comments,
see the ADDRESSES section above.
BOEM does not consider anonymous comments. Please include your name
and address as part of your comment. BOEM makes all comments, including
the names, addresses, and other personally identifiable information
included in the comment, available for public review online.
Individuals can request that BOEM withhold their names, addresses, or
other personally identifiable information included in their comment
from the public record; however, BOEM cannot guarantee that it will be
able to do so. In order for BOEM to withhold from disclosure your
personally identifiable information, you must identify any information
contained in your comments that, if released, would constitute a
clearly unwarranted invasion of your privacy. You also must briefly
describe any possible harmful consequences of the disclosure of
information, such as embarrassment, injury, or other harm.
Additionally, under section 304 of NHPA, BOEM is required, after
consultation with the Secretary of the Interior, to withhold the
location, character, or ownership of historic resources if it
determines that disclosure may, among other things, cause a significant
invasion of privacy, risk harm to the historic resources, or impede the
use of a traditional religious site by practitioners. Tribal entities
and other parties providing information on historic resources should
designate information that they wish to be held as confidential and
provide the reasons why BOEM should do so.
All submissions from organizations or businesses and from
individuals identifying themselves as representatives or officials of
organizations or businesses will be made available for public
inspection in their entirety.
Request for Identification of Potential Alternatives, Information, and
Analyses Relevant to the Proposed Action
BOEM requests data, comments, views, information, analysis,
alternatives, or suggestions from the public; affected Federal, state,
tribal, and local governments, agencies, and offices; the scientific
community; industry; or any other interested party on the Proposed
Action. Specifically, BOEM requests information on the following
topics:
1. Potential effects that the Proposed Action could have on
biological resources, including bats, birds, coastal fauna, finfish,
invertebrates, essential fish habitat, marine mammals, and sea turtles.
2. Potential effects that the Proposed Action could have on
physical resources and conditions including air quality, water quality,
and wetlands and other waters of the United States.
3. Potential effects that the Proposed Action could have on
socioeconomic and cultural resources, including commercial fisheries
and for-hire recreational fishing, demographics, employment, economics,
environmental justice, land use and coastal infrastructure, navigation
and vessel traffic, other uses (marine minerals, military use,
aviation), recreation and tourism, and scenic and visual resources.
4. Other possible reasonable alternatives to the Proposed Action
that BOEM should consider, including additional or alternative
avoidance, minimization, and mitigation measures.
5. As part of its compliance with NHPA section 106 and its
implementing regulations (36 CFR part 800), BOEM seeks comment and
input from the public and consulting parties regarding the
identification of historic properties within the Proposed Action's area
of potential effects, the potential effects on those historic
properties from the activities proposed in the COP, and any information
that supports identification of historic properties under NHPA. BOEM
also solicits proposed measures to avoid, minimize, or mitigate any
adverse effects on historic properties. BOEM will present available
information regarding known historic
[[Page 48767]]
properties during the public scoping period at <a href="https://www.boem.gov/Sunrise-Wind/">https://www.boem.gov/Sunrise-Wind/</a>. BOEM's effects analysis for historic properties will be
available for public and consulting party comment in the draft EIS.
6. Information on other current or planned activities in, or in the
vicinity of, the Proposed Action and their possible impacts on the
Project or the Project's impacts on those activities.
7. Other information relevant to the Proposed Action and its
impacts on the human environment.
To promote informed decision-making, comments should be as specific
as possible and should provide as much detail as necessary to
meaningfully and fully inform BOEM of the commenter's position.
Comments should explain why the issues raised are important to the
consideration of potential environmental impacts and alternatives to
the Proposed Action as well as economic, employment, and other impacts
affecting the quality of the human environment.
The draft EIS will include a summary of all alternatives,
information, and analyses submitted during the scoping process for
consideration by BOEM and the cooperating agencies.
Authority: This NOI is published in accordance with NEPA, 42 U.S.C.
4321 et seq., and 40 CFR 1501.9.
William Yancey Brown,
Chief Environmental Officer, Bureau of Ocean Energy Management.
[FR Doc. 2021-18741 Filed 8-30-21; 8:45 am]
BILLING CODE 4310-MR-P
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