US tackles 'complicated and complex' permitting process to speed up offshore wind build

Washington releases 'action plan' to streamline infrastructure project approvals and signals openness to regional approach to environmental permitting for sea-based wind arrays

. Joe Biden.
. Joe Biden.Foto: GPA Photo Archive/White House / Adam Schultz https://creativecommons.org/publicdomain/mark/1.0/

The US government has unveiled a sweeping “action plan” aimed at speeding up the notoriously sluggish permitting process for major infrastructure projects in the country, with an eye on clearing the way for “timely and sound delivery” of the queue of large-scale offshore wind arrays planned for construction off the eastern seaboard.

The initiative, announced by the White House, is designed to make sure that federal environmental reviews and permitting processes are “effective, efficient, and transparent, [and] guided by the best available science”.

“We’re going to get more projects built on time and in the right way,” said Brenda Mallory, chair of the Council on Environmental Quality, a federal interagency environmental coordinator.

The action plan is part of the $1.2tn bipartisan infrastructure law (BIL) passed last year to upgrade the US’ infrastructure, in part to enable the government’s sweeping energy transition targets, with provisions for offshore wind, including $19bn for port capacity development and $65bn for transmission upgrades to integrate offshore wind and other renewables into the grid.
Permitting is among the chief bottlenecks facing the offshore wind industry in the US, and while the Bureau of Ocean Energy Management (BOEM), the regulator of offshore wind in federal waters, says that permitting should only take two years, the country’s first commercial-scale wind farm, Vineyard Wind off Massachusetts’ southern coastline, took nearly five years for final approval granted late last year.

“Part of the challenge has been the complicated and complex permitting process that involves federal, state and local government,” secretary of energy Jennifer Granholm said last month. “The streamlining of permitting is something that government is and will work on to make sure to make sure that it is quick.”

The slow-rolling US permit approval process continues to be a key hurdle facing the country's offshore wind sector as it strives to meet the Biden administration target of 30GW of installed capacity by the end of the decade.
Washington has promised review of at least 16 offshore wind construction and operations plans (COP) by 2025, encompassing some 22GW of offshore wind capacity, as a springboard to the 2030 goal.

The administration promises “early cross-agency coordination” and “improving agency responsiveness, technical assistance, and support to navigate the environmental review and permitting process effectively and efficiently” as key components of the action plan, in line with multiple statements by government officials promising a “whole of government” approach to tackling the permitting bottleneck.

BOEM sits at the centre of an array of federal agencies involved in approving an offshore wind COP, including the Department of Homeland Security; the Army Corps of Engineers (ACE); and the Federal Aviation Administration.

The National Marine Fisheries Service, under the National Oceanic and Atmospheric Administration, plays a key role in evaluating the impact of offshore wind development on marine ecosystems, and has established a close working relationship with BOEM.

Granholm said that the government is looking at “concurrent timelines... that are longer than they need to be [and] that could be collapsed” to streamline the approval process.

'Grappling' with litigation risk

But speeding up approvals could impact projects later down the timeline through litigation alleging that environmental assessments were not sufficiently thorough or were pushed through based on political rather than environmental merits.

Vineyard Wind is the subject of four lawsuits against the federal government, all of which cite BOEM’s project-by-project approval process that only prepares an environmental impact statement (EIS) after a lease has been sold, and usually state-offtake through power purchase agreements (PPA) is approved.
Reducing the threat of litigation is “something that we are going to be grappling with as part of our stakeholder engagement strategy”, Granholm told Recharge.

The US energy secretary praised innovative permitting approaches being mulled by the European Union (EU) that aim to pre-approve coastal areas for offshore wind development, allowing individual projects to move forward in most cases without further environmental review. The regional pre-approval process will potentially reduce offshore wind project approvals in the EU from the current two-years to a single year.

BOEM spokeswoman Lissa Eng told Recharge, the bureau is taking steps in the same direction by “implementing a more regional approach to its planning and leasing by combining many of the state level intergovernmental task forces into regional task force [and] is exploring programmatic approaches for environmental reviews at the regional level,”
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Published 20 May 2022, 14:46Updated 16 October 2023, 16:44
BOEMAmericasUSJennifer GranholmJoe Biden