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Permitting Offshore Wind Projects

Dive into the regulations governing offshore wind projects, from state permits to federal regulations, with insights on public involvement and project lifecycle considerations. Learn about the permitting process, environmental assessments, and factors impacting site approvals. Explore the complexities of offshore wind development and the significant role of local, state, and federal authorities.

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Permitting Offshore Wind Projects

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  1. Permitting Offshore Wind Projects Bonnie Ram Energetics Incorporated Southeast and Mid-Atlantic Regional Wind Summit Raleigh, NC September 20, 2005 Research sponsored by the National Renewable Energy Laboratory

  2. Energetics Role • Assist NREL in supporting the Department of Energy Office of Wind • Track environmental policies and laws in the U.S. and Europe • Review existing marine research • Assist in organizing technical workshops • Collaborate with U.S. Army Corp of Engineers & Minerals Management Service • Track local permit applications & projects

  3. Results to Date • Literature review • Review of environmental regulations & permits • Summary of European environmental studies • Technical Workshops • Stakeholder Dialogue Meeting (2003) • Boston Technical Tutorial Meeting (September 2003) • Deep Water Technologies Workshop (2003/2004) • MMS Wind Tutorial (August 2005)

  4. 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

  5. Federal State Boundary Boundary 3nm 12nm 12nm 24nm Territorial Contiguous Sea Zone Ocean Jurisdictions Exclusive Economic Zone 200 nm e n i l e r o h S International boundaries Note: TX & Gulf coast of FL state boundaries are 9 nm Not to Scale

  6. 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 Service Department 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

  7. Selected Federal Regulations

  8. Selected Federal Regulations

  9. Selected Federal Regulations

  10. Significant Role for State and Local Authorities • Selected State Permits & Approvals • Environmental Quality Review Boards (NEPA analysis) • Coastal Zone Management Programs • Siting Boards for Energy Facilities and Transmission Lines • State Parks, Forests, and Cultural & Historic Resources • Tidal Wetlands, Coastal Erosion Hazard, Water Quality • Assessing Environmental and Health Benefits • Renewable Portfolio Standards requirements • Clean Air Act • Local Land Use Entities • Town Planning Boards • Zoning Boards • By-laws (e.g., setbacks)

  11. U.S. Army Corps of Engineers Section 10 Permit Process 15-30 Day Public Notice Comments By Agencies, Interested Groups, Public Complete For Processing May Need Public Hearing Application Submitted Full Public Interest Review Environmental Regulatory Review and Project Evaluation Final Decisions by District Issued May be Appealed to Division Denied Reference: Adapted from USACE presentation, Christine Godfrey

  12. U.S. Army Corp of Engineers Permit and NEPA Process Reference: Adapted from USACE presentation, Karen Adams

  13. Community Involvement • Primary Objective of the Permit Process is Public Involvement • Assessing public interest • Educating broad group of stakeholders • Uncertainty of potential impacts on the human & physical environment • Viewshed • Environmental tradeoffs • Economic benefits

  14. 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

  15. Status of USACOE Offshore Wind Applications

  16. Offshore Wind Project Anatomy Site and Feasibility Assessment 1-year Pre-construction and Permitting 1-3 years?? Construction – Installation – Commissioning 1+ years Operation and Maintenance 20-years Decommission or Re-power >1-year

  17. 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 • CumulativeEffects (e.g., air quality)

  18. Site Assessment – Micro-siting Wind/Wave Design Basis Capewind Avian Radar Capewind MET Tower 60-m

  19. 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

  20. 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

  21. 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

  22. 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 Offshore fall and spring • Construction start April 2008

  23. 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

  24. 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

  25. 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!”

  26. 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

  27. THANK YOU

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