Offshore-Wind-Energy-Strategies-Report 31

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Department of Energy | January 2022

Regulatory Certainty. Over the last two decades, the United States has needed to develop a
new regulatory regime tailored to the new offshore wind energy industry. Authority,
regulations, and processes to site and permit power plants in Federal waters and route cables
through state waters needed to be established and refined over time as the industry evolved. A
key advance was the development of a process to identify offshore wind energy areas (WEAs)
that are screened for conflicts and prioritized for leasing. Nonetheless, applying regulatory
processes to a new industry in a marine environment that implicates multiple agencies with
varying jurisdictions and mission priorities has been challenging. Agencies have made significant
progress in developing more transparent regulatory procedures, strengthening and sustaining
interagency coordination, obtaining needed resources, and improving certainty and reducing
risk for project developers and investors. More work on all of these fronts is needed, and is
underway. In turn, advances in these areas will provide greater confidence for the supply chain
and other entities with a stake in offshore wind energy development. Additional scientific data
and information related to the regulatory environmental review process also can improve
efficiency and environmental outcomes. BOEM, in particular, has made significant progress to
advance the regulatory review of proposed offshore wind energy projects to create greater
process certainty. Further, as directed in Executive Order 14008, Tackling the Climate Crisis at
Home and Abroad, BOEM is advancing efficiencies and identifying opportunities to further
engage ocean users, including standardizing the review process, encouraging engagement with
ocean users before projects are designed, and coordinating with other Federal agencies. 66

Table 7. Regulatory Certainty Initiatives


Initiatives Specific Actions To Implement Outcome
Improve efficiency Refine procedures and address Enhanced review and oversight
and transparency of inconsistencies; ensure Federal agencies capabilities; accelerated processes;
the renewable energy have sufficient resources to perform and reduced risk for project
regulatory regime expanding responsibilities including developers and investors
specialized staff and scientific support.
Explore the opportunities to standardize
the offshore wind permitting and review
processes.
Develop a Federal Promote efficient, effective, and Clear and consistent regulatory
interagency road map transparent review of renewable energy processes for a safe and
to increase proposals; clarify jurisdictional authorities environmentally conscientious
coordination between and stages where each agency is engaged; offshore wind energy industry
agencies and identify overlaps or gaps
Adopt standards Develop and adopt consensus standards Reduced risk and greater
governing safety management system transparency of requirements for
requirements and technical design industry and regulators
guidelines for the U.S. industry.

Environmental Considerations. Given the early stage of U.S. offshore wind energy
development, there are gaps in our understanding of the environmental impacts of this

66 See Executive Order 14008, Tackling the Climate Crisis at Home and Abroad, Sec. 207, Renewable Energy on Public Lands and
in Offshore Waters (86 FR 7619 (January 27, 2021)).

Offshore Wind Energy Strategies | Page 23

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