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U.S. Environmental Protection Agency

U.S. Environmental Protection Agency. Ken Westlake Chief, NEPA Implementation Section Region 5, Chicago GLWC Offshore Wind Workgroup Advancing Regional Collaboration Webinar September 24, 2009. Role of Agency in Offshore Wind. Advisory role under NEPA

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U.S. Environmental Protection Agency

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  1. U.S. Environmental Protection Agency Ken Westlake Chief, NEPA Implementation Section Region 5, Chicago GLWC Offshore Wind Workgroup Advancing Regional Collaboration Webinar September 24, 2009

  2. Role of Agency in Offshore Wind • Advisory role under NEPA • Regulatory role under Clean Water Act, Resource Conservation and Recovery Act, Superfund, and FIFRA

  3. National Environmental Policy Act (NEPA) • USEPA can participate in scoping, be a cooperating agency • USEPA reviews and comments on EISs /EAs prepared to support Federal decision making • USEPA role is advisory • Comments can address all environmental media, habitat, species, other issues

  4. National Environmental Policy Act (NEPA) • EISs /EAs should evaluate impacts of installations in water and on-shore, including transmission lines and indirect and cumulative impacts • USEPA can recommend mitigation measures • USEPA recommends avoiding sensitive on-shore / off-shore habitat (e.g., wetlands, dunes, reefs, flyways)

  5. Clean Water Act Section 404 (dredge/fill in waters of US) • Corps of Engineers manages permit program • USEPA reviews and comments on Corps public notices • USEPA / Corps dispute resolution process • USEPA / Corps both can enforce

  6. Clean Water Act • Section 402 (permitting of surface water discharges) • Programs delegated to states with USEPA oversight; USEPA can enforce • On-shore construction > 1 acre requires stormwater management permit

  7. Resource Conservation and Recovery Act • Programs delegated to states with USEPA oversight; USEPA can enforce • Generation, storage, and disposal of chemicals used in operation and maintenance subject to RCRA • Decommissioning, reclamation, disposal of wind turbines is life-cycle waste management issue.

  8. Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) • Spill prevention, control, and countermeasures for lubricants and other chemicals should be integrated into facility planning.

  9. Federal Insecticide, Fungicide, and Rodenticide Act • Marine paints / coatings containing biocides should comply with FIFRA

  10. Current Agency Policies • Obama Administration’s Ocean Policy Task Force Interim Report • Includes Great Lakes and coastlines • Currently out for public comment until 10/16/09 at www.whitehouse.gov/oceans • Recommends “…rationally allowing for emerging uses of the oceans, including new energy production.”

  11. Current Agency Policies • National Energy Policy • Promotes the use of renewable energy resources • USEPA supports renewable energy, with environmental safeguards, to address climate change and support sustainability

  12. Current Agency Policies • USEPA Green Power Initiative • Voluntary program to encourage companies, institutions, and local governments to produce or purchase green power (including wind energy) • USEPA offers technical assistance and public recognition

  13. Individuals or Divisions with Regulatory or Operational Authority • USEPA Region 5 • NEPA program Ken Westlake, 312-886-2910, westlake.kenneth@epa.gov • Wetlands/Watersheds program Kevin Pierard, 312-886-4448 pierard.kevin@epa.gov • Climate Change coordinator Melissa Hulting, 312-886-2265 hulting.melissa@epa.gov

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