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

Submitted by cori.carraway@… on


BOEM, on behalf of EPA, requests to modify the final NPDES permit completion date from March 27, 2025, to June 25, 2025. EPA needs additional time to evaluate the applicability of the January 20, 2025, Presidential Memorandum, Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government's Leasing and Permitting Practices for Wind Projects – The White House (the “Offshore Wind Presidential Memorandum”), to issuance of the final NPDES permit decision.
The Offshore Wind Presidential Memorandum provides that agencies shall not issue new permits for offshore wind projects “pending the completion of a comprehensive assessment and review of Federal wind leasing and permitting practices” led by the Secretary of the Interior in consultation with a number of agencies, including EPA. Given the need to assess applicability and implementation of the Presidential Memorandum, extending EPA’s final NPDES permit decision date is warranted.

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

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: https://southcoastwind.com/

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
06/26/2025

7 out of 10

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

Department of the Army

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

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Environmental Protection Agency

Environmental Protection Agency

Description:

Updated February 2023:  Mayflower Wind Project name changed to SouthCoast Wind Project.

The purpose of the SouthCoast Wind Project is to provide clean, renewable wind energy to the Northeast United States, including to Massachusetts. SouthCoast Wind will support reliability in Massachusetts and in the New England region, while meeting the Commonwealth’s statutory need for renewable/clean energy. The SouthCoast Wind Project also supports the federal need of grid reliability, as set forth the Federal Power Act in Section 215. Out of the 6.7 million people living in Massachusetts, nearly 5.1 million people live along coastal areas of the state. Offshore wind projects like SouthCoast Wind can provide a localized energy source to coastal populations.

The Executive Director granted a Bureau of Ocean Energy Management request to extend the OCS Air Permit completion date on November 30, 2023. The Executive Director determination is posted here.

The Executive Director granted a Bureau of Ocean Energy Management request to extend the Clean Water Act Section 402 Permit, National Pollutant Discharge Elimination System's completion date on April 23, 2024. The Executive Director determination is posted here.

 

field_status
System Comments
Furthest out
Original Target Date: 09/29/2024
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 269
From: 03/27/2025
To: 06/25/2025
Approver Comments
EDD granted 2-26-2025
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.