On August 25, 2022 BOEM provided a revised EIS schedule with a ROD milestone date of 10/20/23. The milestone date for publication of the Final ITA regulations in the Federal Register was updated to 12/19/2023 to be 60 days after the ROD date, per the notional timeline. As the date for the Final ITA regulation publication was extended, the milestone for rendering the ITA decision was extended to allow for the required 30 day wait after the Final ITA regulations are published.
The MMPA proposed rule, final rule, and ITA decision rendered milestones are shifting by 60 days. Park City Wind submitted new density, take, and project description information necessary to inform the proposed rule on January 13, 2023. The 60-day push allows for review of that information and incorporation into the draft proposed rule. The final two MMPA milestones are also shifting 60 days to allow for a minimum of eight months between the proposed and final rule. NMFS notes the final rule and LOA may change again if BOEM changes the FEIS/ROD schedule.
Cooperating under NEPA
Description:
The Marine Mammal Protection Act (MMPA) prohibits "take" of marine mammals with certain exceptions. An incidental take authorization, which may be issued provided certain findings are made, allows for the "take" of marine mammals provided the authorized entity abides by mitigation and monitoring measures and take limits established in the authorization. The project proponent has communicated to NMFS that the activity may result in the incidental “take" of marine mammals and has expressed plans to submit a request for an MMPA incidental take authorization. Based on initial feedback from the applicant, we anticipate the incidental take authorization under the MMPA for this project will be in the form of Incidental Take Regulations (ITR) and a Letter of Authorization (LOA).
This initial permitting timetable for Vineyard Wind 2 reflects the best estimates of the agencies based on past singular offshore wind projects, but is likely to vary, depending on the receipt of sufficient required information from the project sponsor, and the number and timing of concurrent projects.
Milestones:
This date is based on the applicant submitting an initial, draft LOA application to NMFS at least 6 months prior to ensure time for the applicant to provide additional information or make revisions that NMFS indicates are necessary in order to deem the application adequate and complete. The date reflects 8 months prior to release of the proposed rule or concurrent with cooperating agency review of DEIS (whichever is earlier). NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant.
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Environmental Impact Statement (EIS)
:
Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
- Completed Date: 12/23/2022
This date is 30 days after the Complete Application Received milestone.. NOAA’s ability to meet this schedule is contingent upon receipt of an adequate and complete application from the applicant.
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Monthly Status Report for July 2024:The LOA was issued on 7/22/24, completing the MMPA action for this project.
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Monthly Status Report for June 2024:In May, 2024 the developer informed NMFS that the lease area was being segregated into two lease areas, and that two separate subsidiary companies of Avangrid Renewables, LLC would be responsible for each of these lease areas. The developer requested NMFS change ownership of the rule/LOA from one of the subsidiary companies to the parent company and add the information about the two lease areas. On May 15, 2024, BOEM completed the lease area segregation. Therefore, publication of the Final ITA Regulations, and subsequent issuance of the ITA decision, was delayed to allow time to make the requested revisions, with agreement from the project sponsor. The Final ITA regulation was published in the FR on 6/21/24, and Issuance of the ITA decision is planned for 7/22/24.
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Monthly Status Report for May 2024:On May 6, 2024, the developer verbally formally requested NMFS change ownership of the rule/LOA to Avangrid and add a new lease area to accommodate a segregated area, as there would be two separate subsidiary companies of Avangrid Renewables, LLC with responsibility for the two areas. NMFS is making revisions to the Final ITA Regulations and will publish these revisions after BOEM formally segregates the lease area. Therefore, publication of the Final ITA Regulations, and subsequent issuance of the ITA decision, is likely to be delayed from the current milestone dates of 5/31/24 and 7/1/24, respectively.
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Monthly Status Report for April 2024:NMFS is on track for publication of the Final ITA Regulation in the FR on 5/31/24 and issuance of the ITA decision on 7/1/24. However, the project sponsor and BOEM notified NMFS in late April that the lease area is being split into two areas, which should be complete by May 3. Each area will be owned by a different subsidiary entity and will encompass all activities for Phase 2 of the New England Wind project.The project sponsor also requested the ITA be set up so that there is “no shared liability” between the two subsidiary companies.This was originally requested as one LOA for the project. Therefore, should the project sponsor request that NMFS issue two separate LOAs, there could be delays in our MMPA action.
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Monthly Status Report for March 2024:The publication of the final ITA regulations in the FR is planned for 5/31/24. Preparation of the final rule is underway, and NOAA Fisheries anticipates meeting that target milestone completion date.
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Monthly Status Report for February 2024:NOAA Fisheries is on target to meet the alternative milestone completion dates that were provided on 11/21/23.
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Monthly Status Report for January 2024:NMFS is on target to meet the alternative milestone completion dates that were provided on 11/21/23.
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Monthly Status Report for December 2023:On November 21, 2023 NMFS provided to BOEM revised milestone target dates for our actions, which were based on BOEMs revised EIS schedule. BOEM should be submitting the full revised schedule to FPISC soon.
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Monthly Status Report for November 2023:On 11/17/23 BOEM informed cooperating agencies of their revised FEIS/ROD dates to account for the project sponsor's revised acoustic modeling approach. The revision to the ROD date required the final two MMPA milestone dates to be revised accordingly. NMFS is coordinating with BOEM to revise the project schedule.
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Monthly Status Report for October 2023:The project sponsor revised their acoustic modeling approach, which required discussion of a revised EIS schedule as well as revised ESA and MMPA schedules for NMFS. NMFS is coordinating with BOEM to obtain updated FEIS/ROD dates so NMFS can accurately develop dates for the final two MMPA milestones.
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Monthly Status Report for September 2023:This milestone was completed in June, 2023. NMFS continues to work toward the remaining milestone alternative completion dates identified in the May, 2023 schedule reset, which anticipates the final ITA regulation publication in the Federal Register in February, 2024 and an ITA decision rendered in March, 2024.
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Monthly Status Report for August 2023:This milestone was completed in June, 2023. NMFS continues to work toward the remaining milestone alternative completion dates identified in the May, 2023 schedule reset, which anticipates the final ITA regulation publication in the Federal Register in February, 2024 and an ITA decision rendered in March, 2024.
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Monthly Status Report for July 2023:Milestone is complete
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Monthly Status Report for June 2023:NMFS published the proposed ITA regulations on June 6, 2023.
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Non-conformance Explanation:BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
This date is no less than 8 months after the Complete Application Received milestone date, after the DEIS is released for public comment, and is no later than one month after the ESA Consultation Package Deemed Complete milestone. This date aligns with the schedule to complete ESA consultation. NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the Notice of Receipt, and the ability of NMFS to preliminarily make the required findings.
This date reflects no less than 8 months after publishing the proposed regulations, no sooner than 60 days after the Record of Decision (ROD), and is contingent upon issuance of the Biological Opinion, FEIS and ROD. NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the proposed ITA, and the ability of NMFS to make the required findings.
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Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 07/21/2023 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 12/26/2023
This date reflects no less than 30 days after publishing the final regulations, NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.
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Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 07/21/2023 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 12/26/2023
This date reflects no less than 30 days after publishing the final regulations, NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.
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
07/22/2024
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 Army, US Army Corps of Engineers - Regulatory
Department of the Interior, Fish and Wildlife Service
Environmental Protection Agency
Description:
Update: In October 2021, the project name changed from Vineyard Wind South to New England Wind to reflect restructuring of the project’s parent companies (for more information, see Vineyard Wind’s September 21, 2021 press release).
New England Wind is the proposal to develop offshore renewable wind energy facilities in BOEM Lease Area OCS-A 0534 along with associated offshore and onshore cabling, onshore substations, and onshore operations and maintenance (O&M) facilities. Park City Wind LLC, a wholly owned subsidiary of Avangrid Renewables, LLC, is the Proponent and would be responsible for the construction, operation, and decommissioning of New England Wind. New England Wind will be developed in two Phases. If approved, Phase 1, also known as the Park City Wind project, will be developed in the northeastern portion of Lease Area OCS-A 0534. Phase 2, also known as Commonwealth Wind, will be located southwest of Phase 1.
FAST-41 provides increased transparency and predictability by requiring Federal agencies to publish comprehensive permitting timetables for all "covered" projects, and provides clear procedures for modifying permitting timetables to address the unpredictability inherent in the environmental review and permitting process for significant infrastructure projects. For more information, see "The FAST-41 Process" at https://www.permits.performance.gov/fpisc-content/fast-41-process.
The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the NEPA, COP, Section 106, Sections 10/404, and OCS air permit actions completion date on May 10, 2023. The Executive Director determination is posted here.
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Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 07/21/2023 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 12/26/2023
This date reflects no less than 30 days after publishing the final regulations, NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.
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Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 07/21/2023 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 12/26/2023
This date reflects no less than 30 days after publishing the final regulations, NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.
Original Target Date: 09/23/2023
Milestone: ITA decision rendered (Agency Action)
Requested extensions greater than 30 days for this Action are shown below:
ITA decision rendered (Agency Action) extended by 186
From: 03/27/2024
To: 03/27/2024