USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Milestone Extension: Clean Water Act Section 402 Permit, National Pollutant Discharge Elimination System (EPA)

Submitted by cori.carraway@… on

The project sponsor’s delayed submission of information needed for a complete Marine Mammal Protection Act (MMPA) Incidental Take Authorization (ITA) application has resulted in delays to the schedule for NMFS’s issuance of the proposed ITA as well as delays to the development of complete Endangered Species Act (ESA) and Essential Fish Habitat (EFH) consultation documents, the Draft Environmental Impact Statement (DEIS), the Final Environmental Impact Statement (FEIS) and all other subsequent dependent milestones. BOEM developed an updated permitting timetable reflecting the 90-day shift to the DEIS, FEIS, and Record of Decision (ROD) milestone dates. The NEPA Action is impacted by the milestone shifts for the ESA Action as a result of the shifts for the MMPA Action; the NEPA timeline is changing accordingly. Finally, the completion dates for EPA’s NPDES permit is dependent on the final completion date for the NEPA action.

Action
Project Name: Responsible Agency:
Environmental Protection Agency
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
In Progress
POC Name:
Sharon DeMeo

Description:

The NPDES program is authorized by CWA: Section 402 (40 CFR Part 122). NPDES permits control discharges to waters of the U.S. The program ensures that discharges meet state water quality standards and other Clean Water Act requirements.  A NPDES permit is required because the applicant proposes to withdraw cooling water from and discharge pollutants to the Atlantic Ocean from one or more offshore substations.

Milestones:

Initial application received (Applicant Action)
Completed Date:
Milestone Details

Ahead of this milestone, EPA recommends a pre-application meeting with the applicant prior to the milestone target date, to discuss expectations for the permit application, including information pertaining to the proposed cooling water intake structure (CWIS) in accordance with CWA Section 316(b), information required to evaluate the potential water quality impacts from the discharge of pollutants, including heat, in accordance with CWA Section 403(c) (Ocean Discharge Criteria), and monitoring/modeling information to support the permit application.

EPA will notify the applicant whether the application is complete or incomplete within 30 days from receiving the application. If incomplete, EPA will require the applicant to submit additional information necessary to make the application complete in accordance with 40 CFR 124.3(c).

Application must have all required elements, including those listed in 40 CFR 122.21.

Completed application received (Applicant Action)
Completed Date:
Milestone Details

The milestone will be checked (on the dashboard) when a complete application is submitted by the applicant.

Once the permit application addresses all applicable requirements, EPA will send notification to the applicant confirming that the permit application is complete.  The Agency works towards a permit decision (issuance or denial) within one year. Prior to final decision, EPA offers a draft permit for public comment. The draft permit and all supporting information including the notice announcing the public comment period are made available on the EPA regional website. Relevant documents will also be uploaded to “Agency Postings” on the dashboard.

EPA authorizes discharge under Individual permit (Agency Action)
Current Target Date:
Milestone Details

The target date for this milestone is generally scheduled for the later of a) 90 days after Lead Agency’s target date for Issuance of a NEPA Record of Decision (ROD) or combined Final EIS/ROD and b) 1-year after the EPA completeness determination finding the permit application to be complete.  EPA may adjust the issuance of final decision/permit approval based on revisions to the NEPA timeline and Lead Agency’s issuance of the ROD. 

Milestone
EPA authorizes discharge under Individual permit (Agency Action)
Current Target Date:
Milestone Details

The target date for this milestone is generally scheduled for the later of a) 90 days after Lead Agency’s target date for Issuance of a NEPA Record of Decision (ROD) or combined Final EIS/ROD and b) 1-year after the EPA completeness determination finding the permit application to be complete.  EPA may adjust the issuance of final decision/permit approval based on revisions to the NEPA timeline and Lead Agency’s issuance of the ROD. 

Project

PROJECT WEBSITE: Beacon Wind

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

In Progress

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
01/27/2026

0 out of 11

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Renewable Energy Production

SECTOR
Renewable Energy Production

Project Category

CATEGORY
Project Category FAST-41 Covered Projects

Department of the Interior

LEAD AGENCY
Department of the Interior, Bureau of Ocean Energy Management

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Environmental Protection Agency

Environmental Protection Agency

Department of the Army

Department of the Army, US Army Corps of Engineers - Regulatory

Department of the Army

Department of the Army, US Army Corps of Engineers - Civil Works

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Description:

Beacon Wind proposes to construct and operate an offshore wind farm to be located approximately 20 statute miles (mi) (17 nautical miles [nm], 32 kilometers [km]) south of Nantucket, Massachusetts, and 60 mi (52 nm, 97 km) east of Montauk, New York. Offshore components of the Project will consist of up to 155 wind turbines and up to two offshore substation facilities for a total of up to 157 foundations.

Update:

The Executive Director granted a Bureau of Ocean Energy Management request to extend the NEPA, COP, Section 106, ESA-FWS, ESA-NMFS, EFH, MMPA, Section 10/404, Section 408, OCS air permit and NPDES permit completion dates on March 15, 2024. The Executive Director determination is posted here.

field_status
System Comments
Furthest out
Original Target Date: 09/30/2025
Milestone: EPA authorizes discharge under Individual permit (Agency Action)

Requested extensions greater than 30 days for this Action are shown below:

EPA authorizes discharge under Individual permit (Agency Action) extended by 90
From: 09/30/2025
To: 12/29/2025
Approver Comments
EDD signed 3/15/2024
Missed Date Process
No
Missed Date Triggered by Extension
No
Original Milestone
EPA authorizes discharge under Individual permit (Agency Action)
Current Target Date:
Milestone Details

The target date for this milestone is generally scheduled for the later of a) 90 days after Lead Agency’s target date for Issuance of a NEPA Record of Decision (ROD) or combined Final EIS/ROD and b) 1-year after the EPA completeness determination finding the permit application to be complete.  EPA may adjust the issuance of final decision/permit approval based on revisions to the NEPA timeline and Lead Agency’s issuance of the ROD. 

Furthest Original Target Date Milestone
EPA authorizes discharge under Individual permit (Agency Action)
Current Target Date:
Milestone Details

The target date for this milestone is generally scheduled for the later of a) 90 days after Lead Agency’s target date for Issuance of a NEPA Record of Decision (ROD) or combined Final EIS/ROD and b) 1-year after the EPA completeness determination finding the permit application to be complete.  EPA may adjust the issuance of final decision/permit approval based on revisions to the NEPA timeline and Lead Agency’s issuance of the ROD.