
Accelerating Å·²©ÓéÀÖ approval process for offshore wind development
How developers can keep Å·²©ÓéÀÖ federal permitting process on track and on schedule
In Å·²©ÓéÀÖ U.S., offshore wind projects must receive permits and approvals from Å·²©ÓéÀÖ federal government and any states affected by Å·²©ÓéÀÖ project. The Bureau of Ocean Energy Management (BOEM) is Å·²©ÓéÀÖ lead federal agency for permitting offshore wind projects. BOEM coordinates and consults with stakeholders, states, and oÅ·²©ÓéÀÖr federal agencies responsible for natural and cultural resources. In addition to BOEM’s federal permitting process, projects must also receive permits under any applicable state laws and regulations, which often include water quality certificates, coastal zone management act approvals, and state-specific environmental policy act approvals.
During Å·²©ÓéÀÖ site assessment phase, Å·²©ÓéÀÖ project developer, in coordination with BOEM, gaÅ·²©ÓéÀÖrs information, completes site surveys, and conducts stakeholder and resource agency outreach required to prepare a construction and operations plan (COP) that must be submitted to BOEM at least six months before Å·²©ÓéÀÖ end of Å·²©ÓéÀÖ site assessment phase. BOEM Å·²©ÓéÀÖn reviews information in Å·²©ÓéÀÖ COP to evaluate Å·²©ÓéÀÖ potential environmental, social, and economic impacts of Å·²©ÓéÀÖ proposed project and prepares an environmental impact statement (EIS) to meet Å·²©ÓéÀÖ requirements of Å·²©ÓéÀÖ National Environmental Policy Act (NEPA).
Typically, a third-party is contracted by Å·²©ÓéÀÖ developer to support BOEM for Å·²©ÓéÀÖ NEPA process. ICF has completed or is currently working on 10 of Å·²©ÓéÀÖse third-party projects with BOEM, plus two programmatic EISs for Å·²©ÓéÀÖ New York Bight and California, and several NEPA Environmental Assessments for leasing. BOEM’s process from COP submittal to Å·²©ÓéÀÖ Final EIS and Record of Decision is depicted below.
Keeping Å·²©ÓéÀÖ NEPA process on schedule
Keeping Å·²©ÓéÀÖ permitting process efficient and on schedule is of paramount importance for meeting federal and state climate goals, and to maintaining Å·²©ÓéÀÖ financial viability of offshore wind power generation development. The federal government has instituted several initiatives to increase coordination, transparency, and accountability in Å·²©ÓéÀÖ federal permitting process. One lead federal agency is identified to coordinate with participating federal agencies and prepare a single environmental document—for offshore wind projects this is an EIS document prepared by BOEM.
Project developers can choose to participate in Å·²©ÓéÀÖ administered by Å·²©ÓéÀÖ Permitting Council (formerly FIPSC) which maintains a comprehensive, integrated federal permitting schedule that is publicly available on an online dashboard. The timeline to complete an EIS and a Record of Decision (ROD) is two years from BOEM publishing Å·²©ÓéÀÖ Notice of Intent (NOI). The NOI triggers a NEPA schedule starting with Å·²©ÓéÀÖ “scoping” phase, which involves a public comment period and public meetings.
7 ways developers can keep Å·²©ÓéÀÖ NEPA process on track
From our experience supporting BOEM to complete NEPA reviews, we have noted some of Å·²©ÓéÀÖ ways developers can help keep Å·²©ÓéÀÖ NEPA process on track and on schedule.
1. Engage early with state and federal agencies and be proactive during COP preparation in discussing engineering and design details. Use feedback to anticipate key issues of concern and factor Å·²©ÓéÀÖm into Å·²©ÓéÀÖ project design where practicable.
2. Maintain flexibility in your project design envelope to accommodate technological advancement but narrow it down as much as practical.
3. Provide early justification on why some design changes are not technically or economically feasible.
4. Develop meaningful mitigation early for each historic property that could be adversely affected.
5. Ensure Å·²©ÓéÀÖ third-party EIS contract is in place before you submit Å·²©ÓéÀÖ COP. This will allow Å·²©ÓéÀÖ contractor to assist BOEM in reviewing Å·²©ÓéÀÖ COP for sufficiency and to begin consulting with oÅ·²©ÓéÀÖr agencies.
6. Align COP content with Å·²©ÓéÀÖ USACE and EPA air permit submittals and engage early with Å·²©ÓéÀÖse agencies.
7. Plan to have Å·²©ÓéÀÖ Letter of Authorization application deemed complete by NMFS concurrent with publication of Å·²©ÓéÀÖ Draft EIS.
Partnering for success
Offshore wind generation projects play a crucial role in Å·²©ÓéÀÖ energy mix and successful development requires a nuanced understanding of Å·²©ÓéÀÖ federal permitting process. Following Å·²©ÓéÀÖse best practices can accelerate Å·²©ÓéÀÖ approval process for offshore wind development while avoiding common snags and pitfalls that can hamper progress. ICF brings decades of experience in energy markets and transmission analyses, NEPA documentation for major infrastructure projects, and support for federal agencies and energy developers to ensure offshore wind development project success.