Permitting Offshore Permitting Offshore Wind ProjectsWind Projects

Bonnie RamBonnie RamEnergetics IncorporatedEnergetics Incorporated

Southeast and Mid-Atlantic Regional Wind SummitSoutheast and Mid-Atlantic Regional Wind SummitRaleigh, NCRaleigh, NC

September 20, 2005September 20, 2005

Research sponsored by the National Renewable Research sponsored by the National Renewable Energy LaboratoryEnergy Laboratory

Energetics RoleEnergetics Role

• Assist NREL in supporting the Department Assist NREL in supporting the Department of Energy Office of Windof Energy Office of Wind

• Track environmental policies and laws in Track environmental policies and laws in the U.S. and Europethe U.S. and Europe

• Review existing marine researchReview existing marine research• Assist in organizing technical workshopsAssist in organizing technical workshops• Collaborate with U.S. Army Corp of Collaborate with U.S. Army Corp of

Engineers & Minerals Management ServiceEngineers & Minerals Management Service• Track local permit applications & projectsTrack local permit applications & projects

Results to DateResults to Date

Literature reviewLiterature review Review of environmental regulations & permitsReview of environmental regulations & permits Summary of European environmental studiesSummary of European environmental studies Technical WorkshopsTechnical Workshops

• Stakeholder Dialogue Meeting (2003)Stakeholder Dialogue Meeting (2003)• Boston Technical Tutorial Meeting (September Boston Technical Tutorial Meeting (September

2003)2003)• Deep Water Technologies Workshop Deep Water Technologies Workshop

(2003/2004)(2003/2004)• MMS Wind Tutorial (August 2005)MMS Wind Tutorial (August 2005)

Factors Determining Applicable Regulations

• Project Size, Location and Construction

• State/Federal Ocean Boundaries

• Landfall Grid Connection

• Sensitive Marine/Land Areas

• Avian and Marine Species

• Activities and Uses of Project Area

Ocean JurisdictionsS

hore

line

24nm

ContiguousZone

Not to Scale

12nm

Territorial Sea

12nm

Federal Boundary

3nm

State Boundary

Note: TX & Gulf coast of FL state boundaries are 9 nm

200 nm

ExclusiveEconomic Zone

International boundaries

Primary Jurisdictions in the Ocean• U.S. Army Corp of Engineers (USACOE)

Department of Defense– Navigational obstructions in federal waters (Section 10)– No longer the lead agency for offshore wind permits– Approvals for transmission lines

• Minerals Management ServiceDepartment of Interior– Oil and gas leasing– Sand and gravel program– Energy Policy Act of 2005 gave MMS lead agency status for

permitting of non-extractive energy facilities on the OCS• 270 days to develop new regulations• Interim guidance for new projects

Selected Federal Regulations Legislative Authority

Major Program/Permit Lead Agencies

Energy Policy Act of 2005 amendedOuter Continental Shelf Lands Act

Designated MMS as lead authority for alternative uses of the OCS. Jurisdiction over leasing rights for minerals production.

Minerals Management Service of the Department of the Interior

Federal Power Act Issues license for any type of electric power generation within/or on navigable waters; interconnection is parallel process

FERC

Rivers And Harbors Act - Section 10

Regulates all structures and work in navigable water of the U.S Extended out to 200 nm under the OCSLA for fixed structures/artificial islands

U.S. Army Corps of Engineers (District Office)

National Environmental Policy Act (NEPA)

Requires submission of an environmental review for all major federal actions that may significantly affect the quality of the human environment

U.S. Army Corps of Engineers (District)

Council on Environmental Quality

Coastal Zone Management Act

Jurisdictional rights to states to review activities that may affect the state’s coastal resources

State Coastal Zone Management Agencies

Navigation and Navigable Waters

Navigation aid permit(requirements for markings and lighting)

U.S. Coast Guard

Selected Federal Regulations

Legislative Authority

Major Program/Permit Lead Agencies

Navigational Hazard to Air Traffic

Determination of the safe use of airspace from construction start (requirements for lighting)

U.S Federal Aviation Administration (Regional Administrator)

Migratory Bird Treaty Act

No “taking” or harming of birds determination

Fish and Wildlife ServiceMigratory Bird Conservation Commission

National Historic Preservation Act

Consultation on the protection of historic resources — places, properties, shipwrecks

Department of the InteriorState Historic Preservation Offices

Magnuson-Stevens Fishery Conservation & Management Act

Conserves & manages fish stocks to a 200-mile fishery conservation zone & designates essential fish habitat

National Marine Fisheries Service (Commerce)

National Marine Sanctuary Act (Title III)

Designates marine protected areas National Ocean Service (within NOAA)

Endangered Species Act

Consultation on action that may jeopardize threatened & endangered (listed) species or adversely modify critical habitat.

Fish & Wildlife Service (Interior)National Marine Fisheries Service

Selected Federal Regulations Legislative Authority

Major Program/Permit Lead Agency

Clean Water Act Regulates discharges of pollutants into the waters of the United States

U.S. Environmental Protection Agency

Marine Mammal Protection Act

Prohibits or strictly limits the direct of indirect taking or harassment(Permits may be sought for “incidental take”)

Fish & WildlifeNational Marine Fisheries Service

Submerged Lands Act

Granting states a title for public lands/natural resources held in trust by the government

Minerals Management Service

Estuary Protection Act

Conserves estuarine areas Fish and Wildlife Service

Significant Role for State Significant Role for State and and

Local AuthoritiesLocal Authorities Selected State Permits & ApprovalsSelected State Permits & Approvals– Environmental Quality Review Boards (NEPA analysis)Environmental Quality Review Boards (NEPA analysis)– Coastal Zone Management ProgramsCoastal Zone Management Programs– Siting Boards for Energy Facilities and Transmission LinesSiting Boards for Energy Facilities and Transmission Lines– State Parks, Forests, and Cultural & Historic ResourcesState Parks, Forests, and Cultural & Historic Resources– Tidal Wetlands, Coastal Erosion Hazard, Water QualityTidal Wetlands, Coastal Erosion Hazard, Water Quality

Assessing Environmental and Health BenefitsAssessing Environmental and Health Benefits– Renewable Portfolio Standards requirementsRenewable Portfolio Standards requirements– Clean Air ActClean Air Act

Local Land Use EntitiesLocal Land Use Entities– Town Planning BoardsTown Planning Boards– Zoning BoardsZoning Boards– By-laws (e.g., setbacks)By-laws (e.g., setbacks)

U.S. Army Corps of Engineers Section 10 Permit Process

15-30 DayPublicNotice

Complete For

Processing

ApplicationSubmitted

Final Decisions by

District

Issued

DeniedMay be

Appealed toDivision

May Need

Public Hearing

Comments By Agencies,

InterestedGroups,

Public

Full Public Interest ReviewEnvironmental Regulatory

Review and Project Evaluation

Reference: Adapted from USACE presentation, Christine Godfrey

U.S. Army Corp of Engineers Permit and NEPA Process

Reference: Adapted from USACE presentation, Karen Adams

Community InvolvementCommunity Involvement

Primary Objective of the Permit Primary Objective of the Permit Process is Public InvolvementProcess is Public Involvement– Assessing public interestAssessing public interest– Educating broad group of stakeholders Educating broad group of stakeholders – Uncertainty of potential impacts on the Uncertainty of potential impacts on the

human & physical environment human & physical environment ViewshedViewshed Environmental tradeoffsEnvironmental tradeoffs

– Economic benefitsEconomic benefits

Permitting Unknowns

• Transition from USACOE to MMS– NEPA documents– Risk assessment– Standards and codes

• Interim Guidelines for New Projects

• Designating Planning “Zones”• Public Involvement• Leases, Fees and Royalties

Status of USACOE Offshore Wind ApplicationsApplicant Project Location Application

FiledStatus

Cape Wind Nantucket Sound November 2001

Draft EIS issued November 2004

Bald Eagle Power

Long Island Sound May 2002 Application on hold

Greenlight Lake Erie May 2003 Project on hold

Winergy Plum Island, NY June 2003 Incomplete Application

Winergy Smith Island, VA July 2003 Application administratively withdrawn

Winergy 4 sites in New Jersey

NA Pre-application meeting Nov 2002

Winergy Indian River, Delaware

NA Pre-application meeting Feb 2003

LIPA & Florida Power and Light

Long Island Sound July 2005 Utility awarded the competitive project; joint application filed

Offshore Wind Project Offshore Wind Project AnatomyAnatomy

Site and FeasibilityAssessment

1-year

Pre-construction

and Permitting1-3 years??

Construction – Installation –

Commissioning1+ years

Operation and

Maintenance20-years

Decommission or Re-power

>1-year

Potential Effects/Benefits• Viewshed• Sea mammals• Fisheries• Avian• Hydrography & Coastal effects• Seabed• Artificial Reef• Socioeconomics• Community ownership• Noise/Vibrations• Radar/Radio Disturbances

(military/commercial uses)• Transmission Lines• Subsea Cables• Electromagnetic Fields• Navigation & Risk collision• Air Traffic Safety• Marine Archaeology• Cumulative Effects (e.g., air quality)

Site Assessment – Micro-siting

0.0

0.5

1.0

1.5

2.0

2.5

3.0

0 5 10 15 20

Vindhastighed

Bølg

ehøj

de

Wind speed

Wav

e he

ight

Capewind MET Tower 60-m

Capewind Avian Radar

Wind/Wave Design Basis

Cape WindNantucket Sound

• 468 MW =

130 - 3.6 MW GE turbines• About 24 square miles• Two lawsuits• Meteorological Tower

installed• Draft EIS issued

(Nov. 04)• Lack of political support

Cape Wind Project Status

Federal Jurisdiction– ENF/USACOE application filed – fall 2001– DEIS/DEIR – released November 2004

Currently reviewing 5000 comments

State Jurisdiction– Energy Facility Siting Board filing – fall 2002

Decision approving the Cape Wind project was released May 2005

– CZMA determination pending

Long Island Power AuthorityLong Island Sound

100 -150 MW LIPA - a municipal utility

Guaranteeing purchase power agreement Substation construction

Early public involvement process Strong state political support LIPA selected FPL Energy as the developer

May 2004

Long Island Power Authority Jones Beach

• April 2005 Section 10 permit application– Public comment period

ended August 12, 2005– Imminent NEPA decision

• 3/2004 – Aerial & boat surveys weekly during migration seasons & monthly in off-season through next spring

• Marine radar – 9/2005 Onshore and Offshorefall and spring

• Construction start April 2008

Consistent Policy Needed!

• Muddled institutional & legal boundaries– Jurisdictional control shifted to

MMS August 2005– New regulations by May 2006

• No national offshore wind strategy– Federal agencies setting their own

policies– Lead role for States (MA, NY, NJ)– Regional collaboratives

Uncertainties

• Regulated Species & Habitats – Ecological risk assessment methods– Best available data & standards– Quantified environmental benefits– Cumulative effects

• No national experience with the technology – Need for education and debate

• Market-driven development requires due diligence - Land speculators

Learning Curve• History of land-based

permitting– Siting criteria is critical– Need standardized protocols– Lack of baseline data

• Need collaborations between industry, government & NGOs to define & fund studies

• Viewshed is important– Not near my beach!– “Put it further away in deeper

water!”

Recommendations for State Agencies

Verify Offshore Wind Resource Conduct Feasibility Studies

Designate development zones & map exclusion areas Establish Strategic Planning Team Establish One-stop Shop for Permitting Leverage Resources for Baseline Studies Involve Stakeholders Early Consider Costs and Benefits

THANK YOU