Notice of Intent To Prepare an Environmental Impact Statement for Revolution Wind LLC's Proposed Wind Energy Facility Offshore Rhode Island, 22972-22975 [2021-09048]
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ACTION:
Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Notices
Notice; correction.
The Coast Guard published a
document in the Federal Register on
April 27, 2021, concerning a notice of
intent; request for comments on a
Cooperative Research and Development
Agreement—Tactical Mobile
Technology Architecture. The document
contained an incorrect company name
for who we are currently considering
partnering with on the research and
development.
DATES: This correction is effective April
30, 2021.
FOR FURTHER INFORMATION CONTACT: For
information about this document call or
email, Mr. David Cote, Project Official,
IT and Networks Branch, U.S. Coast
Guard Research and Development
Center, telephone 860–271–2693, email
david.e.cote@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Correction
In the Federal Register of April 27,
2021, in FR Doc. 2021–08666, on page
22217, in the third column, the
company name ‘‘IMPRESS Technologies
Inc.’’ is corrected to read ‘‘IMPRES
Technology Solutions Inc.’’. The
company name was misspelled in the
original publication of the notice of
intent.
Dated: April 27, 2021.
M.T. Cunningham,
Chief, Office of Regulations and
Administrative Law, U.S. Coast Guard.
[FR Doc. 2021–09098 Filed 4–29–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2021–0029]
Notice of Intent To Prepare an
Environmental Impact Statement for
Revolution Wind LLC’s Proposed Wind
Energy Facility Offshore Rhode Island
Bureau of Ocean Energy
Management, Interior.
ACTION: Notice of intent to prepare an
Environmental Impact Statement.
AGENCY:
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
Revolution Wind, LLC (Revolution
Wind) (formerly DWW Rev I, LLC). The
COP proposes the construction and
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SUMMARY:
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operation of a wind energy facility
offshore Rhode Island with export
cables connecting to the onshore electric
grid in North Kingstown, Rhode Island.
This notice of intent (NOI) announces
the EIS scoping process for the
Revolution 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 facility, including the COP, can
be found on BOEM’s website at:
www.boem.gov/Revolution-Wind.
DATES: Comments received by June 1,
2021, will be considered.
BOEM will hold virtual public
scoping meetings for the Revolution
Wind EIS at the following dates and
times (Eastern):
• Thursday, May 13, 5:30 p.m.;
• Tuesday, May 18, 5:30 p.m.; and
• Thursday, May 20, 1:00 p.m.
ADDRESSES: Written comments can be
submitted in any of the following ways:
• Delivered by mail or delivery
service, enclosed in an envelope labeled
‘‘Revolution Wind 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 https://
www.regulations.gov and search for
Docket No. BOEM–2021–0029. 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
michelle.morin@boem.gov.
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.’’
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Through a competitive leasing process
under 30 CFR 585.211, Revolution Wind
was awarded Commercial Lease OCS–A
0486 covering an area offshore Rhode
Island (the Lease Area). Revolution
Wind 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 an offshore wind
energy facility in the Lease Area (the
Project).
The goal of Revolution Wind is to
develop a commercial-scale, offshore
wind energy facility in the Lease Area
with up to 100 wind turbine generators,
inter-array cables, up to two offshore
substations, and two transmission
cables making landfall in North
Kingstown, Rhode Island. The Project
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, and Rhode Island’s 100 percent
renewable energy goal by 2030, as
outlined in the Rhode Island Governor’s
Executive Order 20–01 of January 2020.
Furthermore, Revolution Wind’s goal to
construct and operate a commercialscale, offshore wind energy facility in
the Lease Area is intended to fulfill the
following three power purchase
agreements (PPAs): (1) A 200–MW
contract with the State of Connecticut
approved in January 2019; (2) a 400–
MW contract with the State of Rhode
Island approved in June 2019; and (3) a
104–MW contract with the State of
Connecticut approved in December
2019.
Based on the goals of the applicant
and BOEM’s authority, the purpose of
BOEM’s action is to respond to
Revolution Wind’s COP proposal and
determine whether to approve, approve
with modifications, or disapprove
Revolution Wind’s COP to construct and
install, operate and maintain, and
decommission a commercial-scale,
offshore wind energy facility within the
Lease Area (the Proposed Action).
BOEM’s action is needed to further the
United States’ policy to make Outer
Continental Shelf (OCS) 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
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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 Revolution
Wind’s request for authorization to take
marine mammals incidental to the
Project (specifically pile driving)—is to
evaluate the information in Revolution
Wind’s application pursuant to the
MMPA and 50 CFR part 216 and to
issue the requested incidental take
authorizations, if appropriate. The need
for the NMFS action is to consider the
impacts of authorizing the requested
take on marine mammals and their
habitat. NMFS responsibilities under
the MMPA (16 U.S.C. 1371(a)(5)(D)) and
its implementing regulations establish
and frame the need for NMFS action.
NMFS intends to adopt BOEM’s EIS to
support its decision on any requested
MMPA incidental take authorizations.
The U.S. Army Corps of Engineers
(USACE) New England District
anticipates a permit action to be
undertaken through authority delegated
to the District Engineer by 33 CFR 325.8,
pursuant to 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 purpose and need for
the project as provided by the applicant
in the COP and reviewed by USACE for
NEPA purposes: To provide a
commercially viable offshore wind
energy project within Lease OCS–A
0486 to meet New England’s need for
clean energy. The project will deliver
704 MW of power to the New England
energy grid. The basic project purpose,
as determined by USACE for section
404(b)(1) guidelines evaluation, is
offshore wind energy generation.
Overall project purpose for section
404(b)(1) guidelines evaluation, as
determined by USACE: the construction
and operation of a commercial-scale
offshore wind energy project, including
associated transmission lines, for
renewable energy generation and
distribution to the Connecticut and
Rhode Island energy grids. 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.
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Preliminary Proposed Action and
Alternatives
The Proposed Action is the
construction and operation of a wind
energy facility as described in the COP
submitted by Revolution Wind on Lease
Area OCS–A 0486. In its COP,
Revolution Wind is proposing the
construction and operation of up to 100
wind turbine generators connected by a
network of inter-array cables, up to two
offshore substations connected by an
offshore substation-link cable, up to two
submarine export cables, up to two
underground transmission circuits
located onshore, and an onshore
substation inclusive of up to two
interconnection circuits connecting to
the existing Davisville Substation in
North Kingstown, Rhode Island.
Foundations of wind turbine generators
would be monopiles. The wind turbine
generators, offshore substations, array
cables, and substation interconnector
cables would be located on the OCS
approximately 17.4 nautical miles (20
statute miles) south of the coast of
Rhode Island. The offshore export
cables would be buried below the
seabed of both the OCS and Rhode
Island State waters. The onshore export
cables, substations, and grid
connections would be located in North
Kingstown, Rhode Island.
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 Revolution
Wind’s wind energy facility 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
Revolution Wind 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 Expected Impacts
The draft EIS will identify and
describe the 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 not at the same place.
Expected impacts include, but are not
limited to, impacts (both beneficial and
adverse) to air quality, water quality,
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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 expected
impacts will be analyzed in the draft
and final EIS.
Based on a preliminary evaluation of
these resources, BOEM expects impacts
to sea turtles and marine mammals from
underwater noise caused by
construction and from collision risks
with vessel traffic. Structures installed
by the Project could permanently
change benthic habitat and other fish
habitat. Commercial fisheries and forhire recreational fishing may be
impacted. Project structures above the
water may 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 may adversely impact
mineral extraction, 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 Revolution Wind
Project. These include authorizations
under the Endangered Species Act,
Magnuson-Stevens Fishery
Conservation and Management Act,
Marine Mammal Protection Act, Rivers
and Harbors Act, Clean Water Act,
Coastal Zone Management Act, and
other laws and regulations determined
to be applicable to the Project. BOEM
will also conduct government-togovernment tribal consultations. For a
full listing of regulatory requirements
applicable to the Revolution Wind
Project, please see the COP, volume I
available at https://www.boem.gov/
revolution-wind/.
BOEM has chosen to utilize the NEPA
substitution process to fulfill its
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obligations under NHPA. While BOEM’s
obligations under NHPA and NEPA are
independent, the regulations
implementing NHPA allow for 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 the
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 necessary to successfully
utilize this alternative process.
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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 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 commences the public
scoping process for identifying issues
and potential alternatives for
consideration in the Revolution Wind
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. In the interests of
efficiency, completeness, and
facilitating public involvement, BOEM
will use the NEPA process to fulfill
public involvement requirements
established in 36 CFR 800.2(d). BOEM
will involve the public, local
governments, Indian tribes, and
Revolution Wind and will identify other
consulting parties, including
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consideration of all written requests by
individuals and organizations to
participate as consulting parties. BOEM
will hold virtual public scoping
meetings for the Revolution Wind EIS at
the following dates and times (Eastern):
• Thursday, May 13, 5:30 p.m.;
• Tuesday, May 18, 5:30 p.m.; and
• Thursday, May 20, 1:00 p.m.
Registration for the virtual public
meetings may be completed here:
https://www.boem.gov/RevolutionWind-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. 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’ 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-Interior
Department 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’’ of January
30, 2002. This document is available on
the internet at: https://energy.gov/sites/
prod/files/nepapub/nepa_documents//
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 may
request to participate as NHPA
consulting parties under 36 CFR
800.2(c)(5) based on their legal or
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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, in writing,
invited these potential participants to
become consulting parties. In order 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 SWCA, which is
supporting BOEM in its administration
of this review. SWCA’s contact for this
Project is Scott Phillips at sphillips@
swca.com or (303) 468–6903. 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 may
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. 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,
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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:
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
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(54 U.S.C. 306108) section 106
and its implementing regulations (36
CFR part 800), BOEM seeks public
comment and input 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 requests feedback from the
public and consulting parties on the
aforementioned information and any
information that supports identification
of historic properties under the 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/
revolution-wind/. 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.
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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
that identifies all alternatives,
information, and analyses submitted by
Federal agencies, State, tribal, and local
governments, and other public
commenters during the scoping process
for consideration by BOEM and the
cooperating agencies.
Authority: This NOI is published pursuant
to 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. 2021–09048 Filed 4–29–21; 8:45 am]
BILLING CODE 4310–MR–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–643 and 731–
TA–1493 (Final)]
Small Vertical Shaft Engines From
China
Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that an industry in the United States is
materially injured by reason of imports
of small vertical shaft engines from
China, provided for in subheadings
8407.90.10, 8407.90.90, 8409.91.99,
8424.30.90, and 8433.11.00 of the
Harmonized Tariff Schedule of the
United States, that have been found by
the U.S. Department of Commerce
(‘‘Commerce’’) to be sold in the United
States at less than fair value (‘‘LTFV’’),
and to be subsidized by the government
of China.2
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 The Commission also finds that imports subject
to Commerce’s affirmative critical circumstances
determinations in the antidumping and
countervailing duty investigations are likely to
undermine seriously the remedial effect of the
antidumping and countervailing duty orders on
small vertical shaft engines from China. As a result,
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22975
Background
The Commission instituted these
investigations effective March 18, 2020,
following receipt of petitions filed with
the Commission and Commerce by
Briggs & Stratton Corporation,
Wauwatosa, Wisconsin. The final phase
of the investigations was scheduled by
the Commission following notification
of preliminary determinations by
Commerce that imports of small vertical
shaft engines from China were
subsidized within the meaning of
section 703(b) of the Act (19 U.S.C.
1671b(b)) and sold at LTFV within the
meaning of 733(b) of the Act (19 U.S.C.
1673b(b)). Notice of the scheduling of
the final phase of the Commission’s
investigations and of a public hearing to
be held in connection therewith was
given by posting copies of the notice in
the Office of the Secretary, U.S.
International Trade Commission,
Washington, DC, and by publishing the
notice in the Federal Register on
November 27, 2020 (85 FR 76103). In
light of the restrictions on access to the
Commission building due to the
COVID–19 pandemic, the Commission
conducted its hearing through written
testimony and video conference on
March 9, 2021. All persons who
requested the opportunity were
permitted to participate.
The Commission made these
determinations pursuant to §§ 705(b)
and 735(b) of the Act (19 U.S.C.
1671d(b) and 19 U.S.C. 1673d(b)). It
completed and filed its determinations
in these investigations on April 26,
2021. The views of the Commission are
contained in USITC Publication 5185
(April 2021), entitled Small Vertical
Shaft Engines from China: Investigation
Nos. 701–TA–643 and 731–TA–1493
(Final).
By order of the Commission.
Issued: April 26, 2021.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2021–09004 Filed 4–29–21; 8:45 am]
BILLING CODE 7020–02–P
certain imports from China will be subject to
retroactive countervailing and/or antidumping
duties. Commissioner David S. Johanson makes
negative critical circumstances determinations in
the antidumping and countervailing duty
investigations.
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[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Notices]
[Pages 22972-22975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09048]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2021-0029]
Notice of Intent To Prepare an Environmental Impact Statement for
Revolution Wind LLC's Proposed Wind Energy Facility Offshore Rhode
Island
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 Revolution Wind, LLC (Revolution Wind) (formerly DWW
Rev I, LLC). The COP proposes the construction and operation of a wind
energy facility offshore Rhode Island with export cables connecting to
the onshore electric grid in North Kingstown, Rhode Island. This notice
of intent (NOI) announces the EIS scoping process for the Revolution
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 facility, including the COP, can be found on BOEM's website at:
www.boem.gov/Revolution-Wind.
DATES: Comments received by June 1, 2021, will be considered.
BOEM will hold virtual public scoping meetings for the Revolution
Wind EIS at the following dates and times (Eastern):
Thursday, May 13, 5:30 p.m.;
Tuesday, May 18, 5:30 p.m.; and
Thursday, May 20, 1:00 p.m.
ADDRESSES: Written comments can be submitted in any of the following
ways:
Delivered by mail or delivery service, enclosed in an
envelope labeled ``Revolution Wind 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 https://www.regulations.gov and search for Docket No. BOEM-2021-0029. 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 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,
Revolution Wind was awarded Commercial Lease OCS-A 0486 covering an
area offshore Rhode Island (the Lease Area). Revolution Wind 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 an offshore wind energy facility in the Lease Area
(the Project).
The goal of Revolution Wind is to develop a commercial-scale,
offshore wind energy facility in the Lease Area with up to 100 wind
turbine generators, inter-array cables, up to two offshore substations,
and two transmission cables making landfall in North Kingstown, Rhode
Island. The Project 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, and Rhode Island's 100 percent renewable
energy goal by 2030, as outlined in the Rhode Island Governor's
Executive Order 20-01 of January 2020. Furthermore, Revolution Wind's
goal to construct and operate a commercial-scale, offshore wind energy
facility in the Lease Area is intended to fulfill the following three
power purchase agreements (PPAs): (1) A 200-MW contract with the State
of Connecticut approved in January 2019; (2) a 400-MW contract with the
State of Rhode Island approved in June 2019; and (3) a 104-MW contract
with the State of Connecticut approved in December 2019.
Based on the goals of the applicant and BOEM's authority, the
purpose of BOEM's action is to respond to Revolution Wind's COP
proposal and determine whether to approve, approve with modifications,
or disapprove Revolution Wind's COP to construct and install, operate
and maintain, and decommission a commercial-scale, offshore wind energy
facility within the Lease Area (the Proposed Action). BOEM's action is
needed to further the United States' policy to make Outer Continental
Shelf (OCS) 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
[[Page 22973]]
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 Revolution Wind's request for
authorization to take marine mammals incidental to the Project
(specifically pile driving)--is to evaluate the information in
Revolution Wind's application pursuant to the MMPA and 50 CFR part 216
and to issue the requested incidental take authorizations, if
appropriate. The need for the NMFS action is to consider the impacts of
authorizing the requested take on marine mammals and their habitat.
NMFS responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(D)) and its
implementing regulations establish and frame the need for NMFS action.
NMFS intends to adopt BOEM's EIS to support its decision on any
requested MMPA incidental take authorizations.
The U.S. Army Corps of Engineers (USACE) New England District
anticipates a permit action to be undertaken through authority
delegated to the District Engineer by 33 CFR 325.8, pursuant to 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 purpose and need for the project as provided by the
applicant in the COP and reviewed by USACE for NEPA purposes: To
provide a commercially viable offshore wind energy project within Lease
OCS-A 0486 to meet New England's need for clean energy. The project
will deliver 704 MW of power to the New England energy grid. The basic
project purpose, as determined by USACE for section 404(b)(1)
guidelines evaluation, is offshore wind energy generation. Overall
project purpose for section 404(b)(1) guidelines evaluation, as
determined by USACE: the construction and operation of a commercial-
scale offshore wind energy project, including associated transmission
lines, for renewable energy generation and distribution to the
Connecticut and Rhode Island energy grids. 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 a wind
energy facility as described in the COP submitted by Revolution Wind on
Lease Area OCS-A 0486. In its COP, Revolution Wind is proposing the
construction and operation of up to 100 wind turbine generators
connected by a network of inter-array cables, up to two offshore
substations connected by an offshore substation-link cable, up to two
submarine export cables, up to two underground transmission circuits
located onshore, and an onshore substation inclusive of up to two
interconnection circuits connecting to the existing Davisville
Substation in North Kingstown, Rhode Island. Foundations of wind
turbine generators would be monopiles. The wind turbine generators,
offshore substations, array cables, and substation interconnector
cables would be located on the OCS approximately 17.4 nautical miles
(20 statute miles) south of the coast of Rhode Island. The offshore
export cables would be buried below the seabed of both the OCS and
Rhode Island State waters. The onshore export cables, substations, and
grid connections would be located in North Kingstown, Rhode Island.
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 Revolution Wind's wind
energy facility 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
Revolution Wind 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 Expected Impacts
The draft EIS will identify and describe the 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 not at the same place. Expected 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 expected impacts will be analyzed in
the draft and final EIS.
Based on a preliminary evaluation of these resources, BOEM expects
impacts to sea turtles and marine mammals from underwater noise caused
by construction and from collision risks with vessel traffic.
Structures installed by the Project 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 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 may adversely impact mineral extraction, 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 Revolution
Wind Project. These include authorizations under the Endangered Species
Act, Magnuson[hyphen]Stevens Fishery Conservation and Management Act,
Marine Mammal Protection Act, Rivers and Harbors Act, Clean Water Act,
Coastal Zone Management Act, and other laws and regulations determined
to be applicable to the Project. BOEM will also conduct government-to-
government tribal consultations. For a full listing of regulatory
requirements applicable to the Revolution Wind Project, please see the
COP, volume I available at https://www.boem.gov/revolution-wind/.
BOEM has chosen to utilize the NEPA substitution process to fulfill
its
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obligations under NHPA. While BOEM's obligations under NHPA and NEPA
are independent, the regulations implementing NHPA allow for 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 the
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 necessary to successfully
utilize 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 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 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 commences the public scoping process for identifying
issues and potential alternatives for consideration in the Revolution
Wind 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. In
the interests of efficiency, completeness, and facilitating public
involvement, BOEM will use the NEPA process to fulfill public
involvement requirements established in 36 CFR 800.2(d). BOEM will
involve the public, local governments, Indian tribes, and Revolution
Wind and will identify other consulting parties, including
consideration of all written requests by individuals and organizations
to participate as consulting parties. BOEM will hold virtual public
scoping meetings for the Revolution Wind EIS at the following dates and
times (Eastern):
Thursday, May 13, 5:30 p.m.;
Tuesday, May 18, 5:30 p.m.; and
Thursday, May 20, 1:00 p.m.
Registration for the virtual public meetings may be completed here:
https://www.boem.gov/Revolution-Wind-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. 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' 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-Interior Department
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'' of January 30, 2002. This
document is available on the internet at: https://energy.gov/sites/prod/files/nepapub/nepa_documents//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 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 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, in writing, invited these potential
participants to become consulting parties. In order 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 SWCA, which is supporting BOEM
in its administration of this review. SWCA's contact for this Project
is Scott Phillips at [email protected] or (303) 468-6903. 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 may 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. 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,
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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:
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 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(54 U.S.C. 306108) section
106 and its implementing regulations (36 CFR part 800), BOEM seeks
public comment and input 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 requests feedback from the public and
consulting parties on the aforementioned information and any
information that supports identification of historic properties under
the 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/revolution-wind/. 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 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 that identifies all
alternatives, information, and analyses submitted by Federal agencies,
State, tribal, and local governments, and other public commenters
during the scoping process for consideration by BOEM and the
cooperating agencies.
Authority: This NOI is published pursuant to 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. 2021-09048 Filed 4-29-21; 8:45 am]
BILLING CODE 4310-MR-P
