Notice of Intent To Prepare an Environmental Impact Statement for the Vineyard Wind South Project Offshore Massachusetts
| Citation | 86 FR 34782 |
| Record Number | 2021-13994 |
| Published date | 30 June 2021 |
| Section | Notices |
| Court | Ocean Energy Management Bureau |
Federal Register, Volume 86 Issue 123 (Wednesday, June 30, 2021)
[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34782-34786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13994]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2021-0047]
Notice of Intent To Prepare an Environmental Impact Statement for
the Vineyard Wind South Project Offshore Massachusetts
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Notice of intent (NOI) to prepare an environmental impact
statement (EIS); request for comments.
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SUMMARY: Consistent with the regulations implementing the National
[[Page 34783]]
Environmental Policy Act (NEPA), BOEM announces its intent to prepare
an EIS for the review of a construction and operations plan (COP)
submitted by Vineyard Wind, LLC (Vineyard Wind) for its Vineyard Wind
South Project. The COP proposes the phased development, construction,
and operation of wind energy facilities offshore Massachusetts with
export cables connecting to the onshore electric grid in Barnstable
County, Massachusetts. This NOI announces the EIS scoping process for
the Vineyard Wind South 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: www.BOEM.gov/Vineyard-Wind-South.
DATES: Comments are due to BOEM no later than July 30, 2021.
BOEM will hold virtual public scoping meetings for the Vineyard
Wind South EIS at the following dates and times (eastern daylight
time):
Monday, July 19, 5:30 p.m.;
Friday, July 23, 1:00 p.m.; and
Monday, July 26, 5:30 p.m.
ADDRESSES: Comments can be submitted in any of the following ways:
In written form, delivered by mail or delivery service,
enclosed in an envelope labeled, ``VINEYARD WIND SOUTH COP EIS'' and
addressed to Program Manager, Office of Renewable Energy, Bureau of
Ocean Energy Management, 45600 Woodland Road, Sterling, Virginia 20166;
or
Through the regulations.gov web portal: Navigate to http://www.regulations.gov and search for Docket No. BOEM-2021-0047. 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 [email protected].
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.
Through a competitive leasing process under 30 CFR 585.211, on
April 1, 2015, BOEM awarded Lease OCS-A 0501, covering an area offshore
Massachusetts, to Vineyard Wind. In June 2021, Vineyard Wind assigned
the northeastern portion of Lease OCS-A 0501 to a subsidiary, Vineyard
Wind 1, LLC, and BOEM renamed the remaining area Lease OCS-A 0534.
Vineyard Wind has the exclusive right to submit a COP for activities
within Lease OCS-A 0534, and it submitted a phased development COP to
BOEM proposing the construction and installation, operations and
maintenance, and conceptual decommissioning of offshore wind energy
facilities (the Project or Vineyard Wind South). The Project is
proposed within the area defined by Lease OCS-A 0534 and a small
portion of the area within Lease OCS-A 0501 for potential development
(collectively, the Lease Area).
Vineyard Wind South's purpose and need is to develop commercial-
scale, offshore wind energy facilities in two phases in the Lease Area,
with up to a total of 130 wind turbine positions, two to five offshore
substations (also called ``electrical service platforms''), inter-array
cables, up to three onshore substations, and up to five transmission
cables making landfall in Barnstable County, Massachusetts. Phase One
of Vineyard Wind South is called ``Park City Wind.'' It would
contribute to Connecticut's mandate of 2,000 megawatts (MW) of offshore
wind energy by 2030, as outlined in Connecticut Public Act 19-71,
through Vineyard Wind's 804-MW Power Purchase Agreement (PPA) with
Connecticut's Public Utilities Regulatory Authority. Vineyard Wind is
actively competing for PPAs for Phase Two of Vineyard Wind South, which
would provide approximately 1,200-1,500 MW of offshore wind energy to
the northeastern states. The two phases combined would provide a total
of approximately 2,004-2,304 MWs of offshore wind energy and would
contribute to the region's electrical reliability.
Based on the goals of the applicant and BOEM's authority, the
purpose of BOEM's action is to respond to Vineyard Wind's COP proposal
and determine whether to approve, approve with modifications, or
disapprove Vineyard Wind's COP to construct and install, operate and
maintain, and decommission 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
(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 Vineyard
Wind'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, consider impacts of the applicant's activities on relevant
resources, and if appropriate, to issue the permit or authorization.
NMFS needs to render a decision regarding the request for authorization
due to NMFS's responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(D))
and its implementing regulations. If NMFS makes the findings necessary
to issue the requested authorization, NMFS intends to adopt BOEM's EIS
to support that decision and fulfill its NEPA requirements.
The U.S. Army Corps of Engineers, New England District (USACE)
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 under these two delegated authorities a major
Federal action connected to BOEM's Proposed Action (40 CFR
1501.9(e)(1)). The applicant'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 Connecticut and other
northeastern
[[Page 34784]]
states achieve their 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 England 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 wind
energy facilities in two phases on the Lease Area as described in the
COP submitted by Vineyard Wind. In its COP, Vineyard Wind proposes the
construction and operation of up to 130 wind turbines, two to five
offshore substations, inter-array cables, and up to three onshore
substations with up to five export cables connecting to the onshore
electric grid in Barnstable County, Massachusetts.
A combination of monopiles, piled jackets, or both could be used as
foundations in Phase One, pending the outcome of a foundation
feasibility analysis. In Phase Two, monopiles, jackets (with piles or
suction buckets), bottom-frame foundations (with piles, gravity pads,
or suction buckets), or a combination of those foundation types may be
used, pending the outcome of a foundation feasibility analysis.
The closest point of the Vineyard Wind South development is 19.9
statute miles south of Martha's Vineyard and 23.7 statute miles from
Nantucket. The Project also may include one reactive compensation
station (booster station) that would be located in one of two potential
locations that are 14.62 statute miles south of Martha's Vineyard and
16.54 statute miles from Nantucket or 22.98 miles south of Martha's
Vineyard and 19.24 miles from Nantucket. The offshore export cables
would be buried below the seabed. The onshore export cables,
substations, and grid connections would be in Barnstable County,
Massachusetts.
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 Vineyard Wind South
wind energy facilities described in the COP would not be built in the
Lease Area.
Once BOEM completes the EIS and associated consultations, BOEM will
decide whether to approve, approve with modification, or disapprove the
Vineyard Wind South COP. If BOEM approves the COP and the Project is
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 effects that occur at the same time
and place as the Proposed Action or alternatives and such 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)
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. Commercial
fisheries and for-hire recreational fishing could be impacted. Project
structures above the water could affect the visual character defining
historic properties and recreational and tourism areas. Project
structures also would pose an allision and height hazard to vessels
passing close by, and vessels would in turn pose a hazard to the
structures. Additionally, the Project could adversely impact military
use, 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. 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 Vineyard Wind
South Project. Applicable Federal laws include the Endangered Species
Act, Magnuson[hyphen]Stevens Fishery Conservation and Management Act,
NEPA, MMPA, RHA, CWA, and Coastal Zone Management Act. BOEM will also
conduct government-to-government tribal consultations. For a full
listing of regulatory requirements applicable to the Vineyard Wind
South Project, please see the COP, volume I, available at https://www.boem.gov/vineyard-wind-south/.
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 NHPA process for NEPA
substitution 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
expects to issue the NOA in July 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 March 2023. A record of decision 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
[[Page 34785]]
process for significant infrastructure projects. To view the FAST-41
Permitting Dashboard for Vineyard Wind South, visit: https://cms.permits.performance.gov/permitting-project/vineyard-wind-south.
Scoping Process
This NOI commences the public scoping process to identify issues
and potential alternatives for consideration in the Vineyard Wind South
EIS. Throughout the scoping process, federal agencies, state, tribal,
and local governments, and the general public have the opportunity to
help BOEM 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, 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 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 Vineyard
Wind South EIS at the following dates and times (eastern daylight
time):
Monday, July 19, 5:30 p.m.;
Friday, July 23, 1:00 p.m.; and
Monday, July 26, 5:30 p.m.
Registration for the virtual public meetings may be completed here:
https://www.boem.gov/Vineyard-Wind-South-Scoping-Virtual-Meetings or by
calling (703) 787-1073.
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: http://energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf.
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 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.
Additionally, the same provision allows those with concerns about the
Project's 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 can request to be consulting parties by writing to the
appropriate staff at ERM, which is supporting BOEM in its
administration of this review. ERM's NHPA contact for this review is
Danna Allen (678-904-4399, [email protected].
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 interested parties 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
[[Page 34786]]
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 properties during the public
scoping period at https://www.boem.gov/vineyard-wind-south/. 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. 2021-13994 Filed 6-29-21; 8:45 am]
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