The project sponsor submitted an updated Construction and Operations Plan (COP) to BOEM on September 29, 2025. On October 1, 2025 the government shut down through November 12, 2025, impacting BOEM’s ability to review the COP submission. In addition, multiple comments were not addressed by the project sponsor in their September 29, 2025 COP submission and the project sponsor indicated that the Underwater Acoustic Assessment, Historic Resources Visual Effects Assessment, and Seascape and Landscape Visual Impact Assessment and associated COP updates would be submitted later in time.
BOEM expects a third and fourth COP submission prior to BOEM’s issuance of an NOI. Therefore, BOEM is shifting the completion of the Agency Review of Updated Application for Consistency with NOI Checklist milestone from November 28, 2025 to February 2, 2026 and completion of the Applicant Submits Updated Application for Consistency with the NOI Checklist from December 5, 2025 to May 28, 2027, which affects the rest of the NEPA schedule and EPA milestones were revised accordingly.
Cooperating under NEPA
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:
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.
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 toward 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.
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 the 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.
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 the 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.
All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.
ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS
ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
12/11/2029
ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED
SECTOR
Renewable Energy Production
CATEGORY
Project Category
FAST-41 Covered Projects
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, National Oceanic and Atmospheric Administration
Department of the Interior, Fish and Wildlife Service
Department of the Army, US Army Corps of Engineers - Regulatory
Department of the Army, US Army Corps of Engineers - Civil Works
Environmental Protection Agency
Description:
Attentive Energy LLC proposes to develop an offshore renewable wind energy facility to generate 1,545 megawatts of energy in the western portion of Bureau of Ocean Energy Management’s Lease Area Outer Continental Shelf (OCS)-A 0538. OCS-A 0538 is located approximately 68 kilometers (36 nautical miles) offshore from the nearest shoreline point in New Jersey and 87 kilometers (47 nautical miles) from the nearest shoreline point in New York. The wind energy facility would include wind turbine generators, foundations, inter-array cables, and one offshore substation with capacity for an offshore transmission network or one offshore substation and a stand-alone offshore transmission network platform with an independent foundation, offshore export cable, onshore export cables, and an onshore converter station to connect to the Larrabee Collector Station, a substation in Howell Township, New Jersey.
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 the 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.
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 the 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.
Original Target Date: 04/17/2028
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 575
From: 04/17/2028
To: 11/13/2029