Notice2022-15159
Notice of Intent To Prepare a Programmatic Environmental Impact Statement for Future Wind Energy Development in the New York Bight
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Published
July 15, 2022
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 a PEIS to analyze the potential impacts of wind energy development activities in the New York Bight (NY Bight), as well as the change in those impacts that could result from adopting programmatic avoidance, minimization, mitigation, and monitoring (AMMM) measures for the NY Bight. This NOI announces the scoping process BOEM will use to identify significant issues and potential alternatives for consideration in the NY Bight PEIS. Detailed information can be found on BOEM's website at: https://www.boem.gov/renewable-energy/state-activities/new-york-bight.
Full Text
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<title>Federal Register, Volume 87 Issue 135 (Friday, July 15, 2022)</title>
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[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Notices]
[Pages 42495-42498]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15159]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM 2022-0034]
Notice of Intent To Prepare a Programmatic Environmental Impact
Statement for Future Wind Energy Development in the New York Bight
AGENCY: Bureau of Ocean Energy Management (BOEM), 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 wind energy development
activities in the New York Bight (NY Bight), as well as the change in
those impacts that could result from adopting programmatic avoidance,
minimization, mitigation, and monitoring (AMMM) measures for the NY
Bight. This NOI announces the scoping process BOEM will use to identify
significant issues and potential alternatives for consideration in the
NY Bight PEIS. Detailed information can be found on BOEM's website at:
<a href="https://www.boem.gov/renewable-energy/state-activities/new-york-bight">https://www.boem.gov/renewable-energy/state-activities/new-york-bight</a>.
DATES: Comments received by August 15, 2022, will be considered.
BOEM will hold virtual public scoping meetings for the NY Bight
PEIS at the following dates and times (eastern time):
<bullet> Thursday, July 28, 5:00 p.m.
<bullet> Tuesday, August 2, 5:00 p.m.
<bullet> Thursday, August 4, 1:00 p.m.
Registration for the public meetings may be completed here: <a href="https://www.boem.gov/renewable-energy/state-activities/new-york-bight">https://www.boem.gov/renewable-energy/state-activities/new-york-bight</a> or by
calling (202) 517-1249. The virtual meetings are open to the public and
free to attend.
ADDRESSES: Written comments can be submitted in any of the following
ways:
<bullet> Delivered by mail or delivery service, enclosed in an
envelope labeled, ``NY BIGHT PEIS'' and addressed to Chief, Division of
Environmental Assessment, Office of Environmental Programs, Bureau of
Ocean Energy Management, 45600 Woodland Road VAM-OEP, 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">www.regulations.gov</a> and search for Docket No. BOEM-2022-0034. Select
the document in the search results on which you want to comment, click
on the ``Comment'' button, and follow the online instructions for
submitting your comment. A commenter's checklist is available on the
comment web page. Enter your information and comment, then click
``Submit.''
FOR FURTHER INFORMATION CONTACT: Jill Lewandowski, BOEM Office of
Environmental Programs, 45600 Woodland Road, Sterling, Virginia 20166,
telephone (703) 787-1703, or email <a href="/cdn-cgi/l/email-protection#e1838e848c8f98838886899591848892a1838e848ccf868e97"><span class="__cf_email__" data-cfemail="177578727a796e757e707f6367727e64577578727a39707861">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Purpose of and Need for the Proposed Action
In February 2022, through a competitive leasing process under 30
CFR 585.211, BOEM awarded Commercial Leases OCS-A 0537, 0538, 0539,
0541, 0542, and 0544 covering an area offshore New York and New Jersey
known as the NY Bight and totaling over 488,000 acres. The 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. Through an intergovernmental renewable energy task force
that included the States of New York and New Jersey and numerous
Federal agencies and Tribal and local governments, BOEM identified
these lease areas for consideration in development of commercial-scale
offshore wind energy projects, subject to the appropriate reviews and
approvals.
Potential development of the leaseholds would assist with meeting
several State mandates for renewable energy. New Jersey's goal of 7.5
gigawatts (GW) of offshore wind energy generation by 2035 is outlined
in New Jersey Executive Order No. 92, issued on November 19, 2019. New
York's goal of 9.0 GW of offshore wind energy generation by 2035 is
outlined in the Climate Leadership and Community Protection Act, signed
into law on July 18, 2019. Based on a conservative power ratio of 3
megawatts per square kilometer, BOEM estimates that full development of
leases in this area has the potential to create up to 5.6 to 7 GW of
offshore wind energy.
The Proposed Action for the PEIS is the adoption of programmatic
AMMM measures that BOEM may require as conditions of approval for
activities proposed by lessees in COPs submitted for the NY Bight
unless the COP-specific NEPA analysis shows that implementation of such
measures is not warranted or effective. BOEM may require additional or
different measures based on subsequent, site-specific NEPA analysis or
the parameters of specific COPs. These AMMM measures are considered
programmatic insofar as they may be applied to COPs within the whole NY
Bight area, not because they necessarily will apply to COPs under
BOEM's renewable energy program outside of the NY Bight area. The PEIS
will analyze the potential impacts of development in the NY Bight and
how those impacts can be avoided, minimized, or mitigated by AMMM
[[Page 42496]]
measures. However, the Proposed Action will not result in the approval
of any activities.
The purpose of the Proposed Action is to identify, analyze, and
adopt, as appropriate, issues, degree of potential impacts, and AMMM
measures. The site-specific NEPA analyses and consultations for each
proposed wind energy project will focus on the impacts of approving a
particular COP, including identification of AMMM measures that are best
suited for consideration in the COP-specific NEPA analysis. The
Proposed Action is needed to help BOEM make timely decisions on COPs
submitted for the NY Bight. Timely decisions further the United States
policy to make Outer Continental Shelf (OCS) 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), including protection of the environment, among
several other factors. Project-specific NEPA analysis for individual
COPs will tier to or incorporate by reference this PEIS and could apply
additional or different AMMM measures as needed.
A broader approach to the NEPA analysis for the six COPs expected
for the NY Bight is consistent with Executive Order 14008, ``Tackling
the Climate Crisis at Home and Abroad,'' issued on January 27, 2021. In
that order, 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.'' To
support the goals outlined in Executive Order 14008, the administration
has also announced plans to increase renewable energy production, with
a goal of 30 GW of offshore wind energy capacity by 2030.
Through the development of this PEIS, BOEM will address the
following objectives:
<bullet> Analysis of the impacts expected from a representative
project in the NY Bight that is informed by input provided by the
lessees on the type of projects they intend to develop;
<bullet> Analysis of programmatic AMMM measures for the NY Bight;
<bullet> Focused, regional cumulative analysis;
<bullet> Identification of minor or negligible impacts so that
site-specific reviews can focus on moderate or major impacts; and
<bullet> Tiering of project-specific environmental analyses.
The analysis in this PEIS will provide a framework for its
integration with site-specific NEPA reviews. The framework will provide
a way for project-specific analyses to determine whether the project
will have greater, equal, or fewer impacts than those that were
analyzed in the PEIS by considering the level of action analyzed and
the particularities of the site. Future COP-specific NEPA documents
will make impact determinations for the specific project and affected
resources and will focus on moderate to major impacts. The COP-specific
NEPA analyses of potential impacts to resources will not generally
revisit resources for which the PEIS analysis has indicated that the
impact is likely to be negligible to minor. However, these impacts may
be revisited if warranted by particular characteristics of the site or
proposed project that suggest that the impact determination might shift
to moderate or major.
Proposed Action and Preliminary Alternatives
As noted above, the Proposed Action does not include the approval
of any activities. The Proposed Action is the adoption of programmatic
AMMM measures that BOEM may require as conditions of approval for
activities proposed by lessees in COPs submitted for the NY Bight. 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 AMMM measures. The analysis of the Proposed Action
assumes that a representative project will be developed for the NY
Bight and considers the potential impacts of that development on the
environment. The activities scenario upon which analysis of the
Proposed Action is based is that of a representative project, including
associated export cables, within a range of design parameters informed
by lessees. By developing the activities scenario based on a
representative project design envelope created with the input of the
lessees that will be submitting the COPs for the NY Bight, BOEM avoids
engaging in speculative analysis of potential impacts. The Proposed
Action does not itself require any actions by BOEM or lessees.
If any reasonable alternatives to the Proposed Action are
identified during the scoping period, BOEM will evaluate those
alternatives in the draft PEIS, which will also include a no action
alternative (NAA). The NAA considers no development of the lease areas
in the NY Bight. This alternative provides analysis for tiering at the
COP-specific NEPA stage, including context that can be used in COP-
specific NEPA analyses and against which proposed actions at the COP-
specific stage may be compared. In addition, the analysis of the
adoption of AMMM measures for the NY Bight is predicated upon an
understanding of the impacts of development, which in turn are
predicated on an understanding of the impacts of no development.
The draft PEIS will also include an alternative that analyzes the
impacts of not adopting the programmatic AMMM measures for a
representative project in the NY Bight. This alternative will
facilitate comparison of the potential impacts from a representative
project with and without the AMMM measures. In addition, this
alternative will provide analyses that can be incorporated at the COP-
specific stage and allow the analysis at that stage to focus on issues
particular to the specific COP.
Summary of Potential Impacts
Potential impacts to resources may include adverse or beneficial
impacts 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 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 expects
potential impacts 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 (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
[[Page 42497]]
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
projects 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.
Anticipated Authorizations and Consultations
Neither the PEIS nor the resulting programmatic record of decision
(ROD) will authorize any activities or approve any individual
applications. The PEIS and ROD will provide a programmatic
environmental analysis and framework to support future decision-making
on individual COP submittals. When COPs are submitted to BOEM, the
site-specific characteristics of the project will be evaluated by
preparing additional environmental analyses that may tier from this
PEIS or may incorporate it by reference. Based on the site-specific
applications and evaluations, BOEM may then reach a site-specific
determination and approve, approve with modifications, or deny
individual COPs. This PEIS will inform future BOEM decisions on COP
submittals but will not approve or authorize any applications or plans.
Therefore, neither this PEIS nor its resulting ROD would constitute a
final agency action authorizing or approving any individual COPs.
In conjunction with this PEIS, BOEM will undertake various
consultations in accordance with applicable Federal laws, such as the
Endangered Species Act, Magnuson[hyphen]Stevens Fishery Conservation
and Management Act, National Historic Preservation Act, Marine Mammal
Protection Act, Rivers and Harbors Act, Clean Water Act, and the
Coastal Zone Management Act. However, it may be determined that some of
these consultations are better suited for the COP-specific decision
stage. BOEM will also conduct government-to-government Tribal
consultations.
Decision-Making Schedule
After the draft PEIS is completed, BOEM will publish a notice of
availability (NOA) and request public comments on the draft PEIS. BOEM
currently expects to issue the NOA in September 2023. After the public
comment period ends, BOEM will review and respond to comments received
and will develop the final PEIS. BOEM currently expects to make the
final PEIS available to the public in June 2024. BOEM would issue any
ROD no sooner than 30 days after the final PEIS is made available.
The ROD for the NY Bight PEIS is expected to (1) identify certain
programmatic AMMM measures that BOEM may require as conditions of
approval on COPs in the NY Bight, (2) identify the AMMM measures that
should (or should not) be considered in a COP-specific NEPA analysis,
and (3) require BOEM to use a tiered review process that relies on the
analyses in the PEIS for the COPs expected to be filed for the six
leases issued in the NY Bight.
Scoping Process
This NOI commences the public scoping process to identify issues
and potential alternatives for consideration in the NY Bight PEIS. BOEM
will hold virtual public scoping meetings at the times and dates
described above under the DATES caption. Throughout the scoping
process, Federal agencies, Tribal, State, and local governments, and
the public have the opportunity to help BOEM identify significant
resources and issues, impact-producing factors, and reasonable
alternatives for AMMM measures (e.g., size, geographic, seasonal, or
other restrictions on construction and siting of facilities and
activities) to be analyzed in the PEIS, as well as to provide
additional information.
BOEM will also use the NEPA comment process to initiate the section
106 consultation process under the National Historic Preservation Act
(NHPA) (54 U.S.C. 300101 et seq.), as permitted by 36 CFR 800.2(d)(3).
Through this notice, BOEM intends to inform its section 106
consultation by seeking public comment and input regarding the
identification of historic properties affected by or potential effects
to historic properties from activities associated with approval of wind
energy development in the NY Bight.
Before publication of this NOI, BOEM met with NY Bight
leaseholders, interested Federal agencies, Tribal governments, and
other potential State partners to provide information on the NY Bight
programmatic approach. Additionally, BOEM met separately with the
National Marine Fisheries Service and the U.S. Army Corps of Engineers
to discuss how the programmatic analysis may support and streamline
their project-level approvals, as well as with the Advisory Council on
Historic Preservation to discuss potential approaches to section 106
consultation.
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 agencies and governments are
those with ``jurisdiction by law or special expertise.'' Potential
cooperating agencies should consider their authority and capacity to
assume the responsibilities of a cooperating agency and should be aware
that an agency's role in the environmental analysis neither enlarges
nor diminishes the final decision-making authority of any other agency
involved in the NEPA process.
Upon request, BOEM will provide potential cooperating agencies with
a written summary of expectations for cooperating agencies, including
schedules, milestones, responsibilities, scope and detail of
cooperating agencies' expected contributions, and availability of pre-
decisional information. BOEM anticipates this summary will form the
basis for a memorandum of agreement between BOEM and any non-Department
of the Interior cooperating agency. Agencies also should consider the
factors for determining cooperating agency status in the CEQ memorandum
entitled, ``Cooperating Agencies in Implementing the Procedural
Requirements of the National Environmental Policy Act,'' dated January
30, 2002. This document is available on the internet at:
<a href="http://www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf">www.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.
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
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
[[Page 42498]]
public review online. Individuals can request that BOEM withhold their
names, addresses, or other personally identifiable information included
in their comment from the public record; however, BOEM cannot guarantee
that it will be able to do so. To help BOEM determine whether to
withhold from disclosure your personally identifiable information, you
must identify 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.
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 property if it determines
that disclosure may, among other things, cause a significant invasion
of privacy, risk harm to the historic property, or impede the use of a
traditional religious site by practitioners. Tribal entities and other
parties providing information on historic resources should designate
information that they wish to be held as confidential and provide the
reasons why BOEM should do so.
All submissions from organizations or businesses and from
individuals identifying themselves as representatives or officials of
organizations or businesses will be made available for public
inspection in their entirety.
Request for Identification of Potential Alternatives, Information, and
Analyses Relevant to the Proposed Action
BOEM requests data, comments, views, information, analysis,
alternatives, or suggestions relevant to the 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, BOEM requests information
on the following topics:
1. Potential AMMM measures, including NY Bight wind energy
development alternatives, and the effects these could have on--
a. biological resources, including bats, birds, coastal fauna,
finfish, invertebrates, essential fish habitat, marine mammals, and sea
turtles;
b. physical resources and conditions including air quality, water
quality, wetlands, and other waters of the United States; and
c. 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.
2. As part of its compliance with section 106 of the NHPA and the
implementing regulations (36 CFR part 800), BOEM intends to develop a
section 106 programmatic agreement (PA) through consultation with the
State Historic Preservation Officers (SHPOs), federally-recognized
Tribes, the Advisory Council on Historic Preservation, and consulting
parties. The PA will identify a standard process for the future
identification of historic properties and the evaluation, avoidance,
minimization, mitigation, and monitoring of historic properties within
the New York Bight. The PA may address possible programmatic AMMM
measures in the NY Bight if potential adverse effects are identified
during the consultation for this PA. BOEM plans to execute the PA
before the PEIS ROD is issued. The PA will clarify the section 106
consultations that will be conducted for the individual COPs. The
section 106 consultations for each COP will be conducted in conjunction
with the NEPA reviews for each COP and will ensure consistency with the
PA.
BOEM also seeks comment and input from the public and consulting
parties regarding the identification of other potential consulting
parties, the identification of historic properties within the NY Bight,
the potential effects on those historic properties from NY Bight wind
energy development alternatives including any AMMM, 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 <a href="https://www.boem.gov/renewable-energy/state-activities/new-york-bight">https://www.boem.gov/renewable-energy/state-activities/new-york-bight</a>.
If any historic properties are identified, BOEM's draft PA and
potential effects analysis will be available for public and consulting
party comment in the draft PEIS.
3. Information on other current or planned activities in, or in the
vicinity of, the NY Bight wind energy development alternatives
including any AMMM measures, their possible impacts on the
alternatives, and the alternatives' possible impacts on those
activities.
4. Other information relevant to impacts on the human environment
from potential NY Bight wind energy development alternatives, including
any AMMM 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 dimensions, number, and location; type of
foundation; foundation 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.
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 for
consideration of the Proposed Action, as well as economic, employment,
and other impacts affecting the quality of the human environment.
The draft PEIS will include a summary of all alternatives,
information, and analyses submitted during the scoping process for
consideration by BOEM and the cooperating agencies.
Authority: 42 U.S.C. 4321 et seq., and 40 CFR 1501.9.
William Yancey Brown,
Chief Environmental Officer, Bureau of Ocean Energy Management.
[FR Doc. 2022-15159 Filed 7-14-22; 8:45 am]
BILLING CODE 4340-98-P
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