BOEM to update rules for offshore wind development

Published on January 17, 2023 by Dave Kovaleski

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The U.S. Bureau of Ocean Energy Management (BOEM) is looking to update its regulations for clean energy development on the U.S. Outer Continental Shelf (OCS).

The proposed regulations would modernize regulations, streamline overly complex and burdensome processes, clarify ambiguous provisions, and enhance compliance provisions. Overall, the changes would decrease costs and uncertainty associated with the deployment of offshore wind facilities. The proposed reforms are estimated to save developers approximately $1 billion over 20 years.

“America’s clean energy transition is happening right here and now. Offshore wind will power our communities, advance our environmental justice goals and stimulate our economy by creating thousands of good-paying union jobs across the nation,” Department of the Interior Secretary Deb Haaland said. “Updating these regulations will facilitate the safe and efficient development of offshore wind energy resources, provide certainty to developers and help ensure a fair return to the U.S. taxpayers.”

The proposed rule contains eight major components, including:

• Eliminating unnecessary requirements for the deployment of meteorological buoys;
• Increasing survey flexibility;
• Improving the project design and installation verification process;
• Establishing a public Renewable Energy Leasing Schedule;
• Reforming BOEM’s renewable energy auction regulations;
• Tailoring financial assurance requirements and instruments;
• Clarifying safety management system regulations; and
• Revising other provisions and making technical corrections.

The Interior Department launched the American offshore wind industry by approving the nation’s first two commercial-scale offshore wind projects in 2021. Since the start of the Biden-Harris administration, BOEM has held three offshore wind lease auctions – including a record-breaking sale offshore New York and the first-ever sale offshore the U.S. West Coast in California. In addition, it has initiated an environmental review of 10 offshore wind projects and advanced the process to explore additional Wind Energy Areas in the Gulf of Mexico, Oregon, Gulf of Maine, and Central Atlantic.

By 2025, the DOI plans to hold up to four additional offshore lease sales and complete the review of at least 16 plans to construct and operate commercial offshore wind energy facilities.

The American Clean Power Association (ACP) commended the BOEM for the proposed rule changes, calling it a step in the right direction.
“We look forward to reviewing and commenting on this proposed rule, which is meant to align BOEM’s regulations with a complex offshore wind development process, eliminate certain duplicative and overly burdensome requirements, and ensure the long-term durability of its offshore renewable energy program. Offshore wind is a cost-effective, environmentally friendly component of our transition to more affordable and reliable clean energy that harnesses our nation’s free natural resources, reduces dependence on foreign energy sources, supports our local economies, and creates well-paying jobs. Updating and enhancing BOEM’s rule-making process is critical to ensure the offshore wind industry maintains momentum in the permitting and deployment of clean energy,” Josh Kaplowitz, ACP’s vice president of offshore wind, said.
There will be a 60-day comment period after the proposed rule is published in the Federal Register.