[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33351-33354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13408]



[[Page 33351]]

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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.

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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: https://www.boem.gov/Empire-Wind/.

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.

    Registration for the virtual public meetings may be completed here: 
https://www.boem.gov/Empire-Wind-Scoping-Virtual-Meetings or by calling 
(703) 787-1015.

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 regulations.gov web portal: Navigate to http://www.regulations.gov 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 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 https://www.boem.gov/Empire-Wind/.
    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: 
https://www.boem.gov/Empire-Wind-Scoping-Virtual-Meetings 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: 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 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 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


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