[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Notices]
[Pages 7226-7228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2774]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management, Regulation and Enforcement
Commercial Wind Lease Issuance and Site Characterization
Activities; Atlantic Outer Continental Shelf Offshore NJ, DE, MD, and
VA
AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement
(BOEMRE), Interior.
ACTION: Notice of Intent to Prepare an Environmental Assessment for
Mid-Atlantic Wind Energy Areas.
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SUMMARY: This notice is being published as an initial step for the
purpose of involving Federal agencies, States, Tribes, local
government, wind power developers, and the public in the Department of
the Interior's (DOI) ``Smart from the Start'' wind energy initiative,
to identify areas for wind energy leasing proposals, and to provide
public notice of the Department's commitment to analyze the
initiative's siting, leasing and site assessment decisions in
accordance with the DOI regulations implementing the provisions of the
National Environmental Policy Act (NEPA) of 1969 as amended (42 U.S.C.
4321 et seq.). On November 23, 2010, Secretary of the Interior Ken
Salazar announced the ``Smart from the Start'' renewable energy
initiative to accelerate responsible renewable wind energy development
on the Atlantic Outer Continental Shelf (OCS) by using appropriate
identified areas, coordinated environmental studies, large-scale
planning and expedited approval processes. This notice identifies Wind
Energy Areas (WEAs) offshore New Jersey, Delaware, Maryland, and
Virginia that the Bureau of Ocean Energy Management, Regulation and
Enforcement (BOEMRE) has found, in consultation with other Federal
agencies and State Renewable Energy Task Forces, to be suitable for
consideration for wind energy development.
Authority: The NOI of the preparation of an environmental
assessment is published pursuant to 43 CFR 46.305.
FOR FURTHER INFORMATION CONTACT: Michelle Morin, BOEMRE Office of
Offshore Alternative Energy Programs, 381 Elden Street, MS 4090,
Herndon, Virginia 20170-4817, (703) 787-1722 or
[email protected].
SUPPLEMENTARY INFORMATION:
1. The OCS Renewable Energy Development Process
There are generally three phases of renewable energy development on
the OCS: lease issuance, site assessment, and construction and
operation of a renewable energy facility. A renewable energy lease
gives the lessee an exclusive right to apply for subsequent approvals
that are necessary to advance to the next stage of the renewable energy
development process. The second phase is BOEMRE review and approval of
a site assessment plan (SAP) that allows the construction and
installation of a meteorological tower and buoys. See 30 CFR
285.600-.601; .605-.618. After the lessee has collected sufficient site
characterization and assessment data the lessee may submit a
construction and operations plan (COP), approval of which would
authorize the actual construction and operation of a renewable energy
facility. See 30 CFR 285.620-.629. Although BOEMRE does not authorize
site characterization activities (i.e., geological and geophysical
surveys and core samples), a lessee must submit the results of such
surveys before BOEMRE can consider approving its COP. See 30 CFR
285.626.
By this notice, BOEMRE is soliciting comment on the environmental
effects of reasonably foreseeable site characterization surveys that
may be undertaken if BOEMRE issues a lease or leases in any or all of
the identified WEAs. Consistent with the provisions of 43 CFR 46.305
(public involvement in the environmental assessment process), the
Department ``must, to the extent practicable, provide for public
notification and public involvement when an Environmental Assessment is
being prepared.'' Although scoping is not required for the preparation
of an environmental assessment (EA) (CEQ regulations at 40 CFR 1501.7
specifically reference the preparation of an Environmental Impact
Statement (EIS)), the Department recognizes and encourages the use of
scoping where appropriate as it does represent a form of public
involvement. See 43 CFR 46.305(a)(2), 73 FR 61292, 61306 (Oct. 15,
2008). BOEMRE intends to prepare a regional EA to analyze the
environmental impacts of issuing renewable energy leases in the
geographic areas offshore the States of New Jersey, Delaware, Maryland,
and Virginia (identified as WEAs in Section 3 of this Notice),
including environmental impacts associated site characterization
activities that may take place on these leases. The EA will also
analyze the potential environmental consequences associated with the
approval of site assessment activities on these leases pursuant to the
approval of SAPs.
The proposed action is the issuance of renewable energy leases
within the
[[Page 7227]]
WEAs described in Section 3 of this Notice, and approval of site
assessment activities on those leases. The regional EA will consider
the environmental consequences associated with reasonably foreseeable
leasing scenarios, reasonably foreseeable site characterization
scenarios in these lease areas (including geophysical, geotechnical,
archeological and biological surveys), and reasonably foreseeable site
assessment scenarios (including the installation and operation of
meteorological towers and buoys) on the potential leaseholds. At a
minimum, the alternatives that will be considered are no action (i.e.,
no issuance of leases or approval of site assessment activities), and
the issuance of leases and approval of certain site assessment
activities within the areas described in Section 3 of this Notice.
Federal, State, and local government agencies, Tribal governments,
and other interested parties may assist BOEMRE in determining the
important issues and any additional alternatives to be analyzed in the
regional EA. Input is also requested on measures (e.g., limitations on
activities based on technology, distance from shore, or timing) that
would mitigate impacts to environmental resources and socioeconomic
conditions that could result from leasing, site characterization, and
site assessment in and around the WEAs described below. It may become
appropriate to analyze one or more WEAs in separate EAs. Consultation
with other Federal agencies, Tribal governments, and affected States
will be carried out during the EA process and will be completed before
a final decision is made on whether any particular lease will be issued
or site assessment activities on those leases approved.
2. Background for Analysis of Wind Energy Areas
On November 6, 2007, BOEMRE published a Notice of Availability in
the Federal Register (72 FR 62,672) of the Programmatic Environmental
Impact Statement for Alternative Energy Development and Production and
Alternate Use of Facilities on the Outer Continental Shelf, Final
Environmental Impact Statement (OCS Report MMS 2007-046) (Programmatic
EIS). On June 26, 2009, BOEMRE published a Notice of Availability in
the Federal Register (74 FR 30,616) of the EA for Issuance of Leases
for Wind Resource Data Collection on the Outer Continental Shelf
Offshore Delaware and New Jersey (OCS EIS/EA MMS 2009-025) (Interim
Policy EA). BOEMRE has seen very strong interest in offshore renewable
energy projects on the OCS and is working closely with several states
regarding the identification of offshore energy development proposals
through Federal-state task forces. More information on the task forces
and the ``Smart from the Start'' initiative can be found at http://www.boemre.gov/offshore/RenewableEnergy/StateActivities.htm and http://www.doi.gov/news/pressreleases/Salazar-Launches-Smart-from-the-Start-Initiative-to-Speed-Offshore-Wind-Energy-Development-off-the-Atlantic-Coast.cfm.
BOEMRE will incorporate the environmental and socioeconomic
analyses of site characterization and assessment activities from the
Programmatic EIS, Interim Policy EA, and other public information to
inform its analysis in the Regional EA. This Regional EA will focus on
the environmental consequences of a reasonably foreseeable renewable
energy lease issuance scenario, and the site characterization and site
assessment activities that would likely take place within these lease
areas as potential lessees developed their COP proposals. Site
characterization activities include geophysical, geotechnical,
archeological and biological surveys. Site assessment activities
include those activities that must be submitted in a SAP for approval
by BOEMRE, including the installation and operation of meteorological
towers and buoys. The Regional EA will be developed using many of the
principles of coastal and marine spatial planning, such as
comprehensive interagency coordination, to identify information needs
for COP submittals necessary for future decision-making regarding wind
power development. If BOEMRE determines during the Regional EA process
that issuing leases and conducting site characterization and assessment
activities offshore New Jersey, Delaware, Maryland, and Virginia would
result in significant environmental impacts, then BOEMRE would publish
a Notice of Intent to prepare an EIS for the issuance of renewable
energy leases in these WEAs. If BOEMRE determines during the Regional
EA process that issuing leases and conducting site characterization and
assessment activities in these WEAs would not result in significant
environmental impacts, then BOEMRE would issue a Finding of No
Significant Impact (FONSI). After either a FONSI is issued or the EIS
process is completed, BOEMRE may issue one or more renewable energy
leases in the WEAs. In the event that a particular lease is issued, and
the lessee submits a SAP, BOEMRE will determine whether the Regional EA
adequately considers the environmental consequences of the activities
proposed in the lessee's SAP. If the analysis in the Regional EA
adequately addresses these consequences, then no further NEPA would be
required before the SAP is approved. If that analysis is inadequate, an
additional NEPA analysis would be prepared before the SAP could be
approved.
If and when a lessee is ready to begin the third phase of renewable
energy development, construction and operations of a renewable energy
facility, it will submit a COP. If a COP is submitted for a particular
leasehold, a separate NEPA analysis will be prepared. This will likely
take the form of an EIS and will provide additional opportunities for
public involvement. Pursuant to 30 CFR Part 285, a lessee may only
submit a COP once it has gathered the necessary information through
conducting site characterization and site assessment activities. Such
an EIS process will provide the public and Federal officials with
comprehensive site- and project-specific information regarding
potential environmental impacts of the project that the lessee is
proposing. These potential impacts will be taken into account when
deciding whether to approve the construction and operation of a new
commercial wind facility.
3. Description of the Wind Energy Areas
BOEMRE, in consultation with other Federal agencies and State
Renewable Energy Task Forces, has identified the following WEAs in
which BOEMRE is proposing to begin the commercial lease issuance
process and subsequent SAP approval process:
New Jersey: The proposed area offshore New Jersey begins 7 nautical
miles from the shore and extends roughly 23 nautical miles seaward (or
the approximate 100 ft depth contour) and extends 72 nautical miles
along the Federal/state boundary from Seaside Park south to Hereford
Inlet. The entire area is approximately 418 square nautical miles and
contains approximately 43 whole OCS blocks and 34 partial blocks.
Delaware: The proposed area offshore Delaware rests between the
incoming and outgoing shipping routes for Delaware Bay, and is made up
of 10 whole OCS blocks and 17 partial blocks. The closest point to
shore is approximately 7.5 miles due east from Rehoboth Beach,
Delaware. Bluewater Wind Delaware, LLC already owns an Interim Policy
lease in this area to
[[Page 7228]]
construct a meteorological tower and associated structures on its
leasehold (equivalent to structures and devices requiring SAP
approval). BOEMRE is requesting comment on the reasonably foreseeable
environmental effects associated with issuing a commercial lease in
this area and with the lessee conducting additional site
characterization activities on such a lease.
Maryland: The proposed area offshore Maryland is made up of 29
whole OCS blocks and 4 partial blocks. The entire area is approximately
207 square nautical miles; 175,069 acres; or 70,848 hectares. The
western edge is approximately 10 nautical miles from the Ocean City,
Maryland coast, and the eastern edge is approximately 27 nautical miles
from the Ocean City, Maryland coast.
Virginia: The proposed area offshore Virginia is made up of 22 OCS
lease blocks and 5 partial blocks. The Western edge of the area is
approximately 20 nautical miles from Virginia Beach, and the Eastern
edge is approximately 37 nautical miles from Virginia Beach. The entire
area is approximately 165 square nautical miles; 139,855 acres; or
56,597 hectares.
A map of the WEAs described above is available on the BOEMRE
website at http://www.boemre.gov/offshore/RenewableEnergy/. In 2010,
BOEMRE began publishing Requests for Interest and Calls for Information
for the areas above pursuant to 30 CFR 285.210-211 of the Competitive
Lease Process. As a result of comments received on these notices and
the analysis in the Regional EA, the WEAs offshore New Jersey,
Maryland, Delaware, and Virginia may be further refined or modified. In
addition, it may become appropriate to analyze one or more WEAs in
separate EAs.
4. Cooperating Agencies
BOEMRE invites other Federal agencies and State, tribal, and local
governments to consider becoming cooperating agencies in the
preparation of the Regional EA. The Council of Environmental Quality
(CEQ) regulations implementing the procedural provisions of NEPA define
cooperating agencies as those with ``jurisdiction by law or special
expertise'' (40 CFR 1508.5). Potential cooperating agencies should
consider their authority and capacity to assume the responsibilities of
a cooperating agency and to remember that an agency's role in the
environmental analysis neither enlarges nor diminishes the final
decisionmaking authority of any other agency involved in the NEPA
process.
Upon request, BOEMRE will provide potential cooperating agencies
with a draft Memorandum of Agreement that includes a schedule with
critical action dates and milestones, mutual responsibilities,
designated points of contact, and expectations for handling
predecisional information. Agencies should also consider the ``Factors
for Determining Cooperating Agency Status'' in Attachment 1 to CEQ's
January 30, 2002, Memorandum for the Heads of Federal Agencies:
Cooperating Agencies in Implementing the Procedural Requirements of the
NEPA. A copy of this document is available at http://ceq.hss.doe.gov/nepa/regs/cooperating/cooperatingagenciesmemorandum.html
and http://ceq.hss.doe.gov/nepa/regs/cooperating/cooperatingagencymemofactors.html.
BOEMRE, as the lead agency, will not provide financial assistance
to cooperating agencies. Even if an organization is not a cooperating
agency, opportunities will exist to provide information and comments to
BOEMRE during the normal public input phases of the NEPA/EA process.
5. Comments
Federal, state, local government agencies, Tribal governments, and
other interested parties are requested to send their written comments
on BOEMRE's scoping of the Regional EA (including important issues,
alternatives related to lease issuance, and site assessment activities
that should be addressed) in one of the following ways:
1. Electronically: http://www.regulations.gov. In the entry titled
``Enter Keyword or ID,'' enter BOEM-2010-0077, then click search.
Follow the instructions to submit public comments and view supporting
and related materials available for this document.
2. In written form, delivered by hand or by mail, enclosed in an
envelope labeled ``Comments on Mid Atlantic WEA Regional EA'' to
Program Manager, Office of Offshore Alternative Energy Programs (MS
4090), Bureau of Ocean Energy Management, Regulation and Enforcement,
381 Elden Street, Herndon, Virginia 20170. Comments should be submitted
no later than March 11, 2011.
Dated: January 27, 2011,
L. Renee Orr,
Acting Associate Director for Offshore Energy and Minerals Management.
[FR Doc. 2011-2774 Filed 2-8-11; 8:45 am]
BILLING CODE 4310-MR-W-P