82_FR_60640 82 FR 60397 - Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Draft Restoration Plan and Environmental Assessment #2: Provide and Enhance Recreational Opportunities

82 FR 60397 - Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Draft Restoration Plan and Environmental Assessment #2: Provide and Enhance Recreational Opportunities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 243 (December 20, 2017)

Page Range60397-60398
FR Document2017-26565

In accordance with the Oil Pollution Act of 1990 (OPA) and the National Environmental Policy Act (NEPA), the Federal and State natural resource trustee agencies for the Louisiana Trustee Implementation Group (Louisiana TIG) have prepared a Draft Restoration Plan and Environmental Assessment #2: Provide and Enhance Recreational Opportunities (RP/EA). The Draft RP/EA describes and proposes restoration project alternatives considered by the Louisiana TIG to compensate for recreational use services lost as a result of the Deepwater Horizon oil spill. The Louisiana TIG evaluated these alternatives under criteria set forth in the OPA natural resource damage assessment (NRDA) regulations, and also evaluated the environmental consequences of the restoration alternatives in accordance with NEPA. The proposed projects are consistent with the restoration alternatives selected in the Deepwater Horizon oil spill Final Programmatic Damage Assessment and Restoration Plan/Programmatic Environmental Impact Statement (PDARP/PEIS). The purpose of this notice is to inform the public of the availability of the Draft RP/EA and to seek public comments on the document.

Federal Register, Volume 82 Issue 243 (Wednesday, December 20, 2017) 
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Notices]
[Pages 60397-60398]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26565]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9971-53-OW]


Notice of Availability of the Deepwater Horizon Oil Spill 
Louisiana Trustee Implementation Group Draft Restoration Plan and 
Environmental Assessment #2: Provide and Enhance Recreational 
Opportunities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for public comments.

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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the 
National Environmental Policy Act (NEPA), the Federal and State natural 
resource trustee agencies for the Louisiana Trustee Implementation 
Group (Louisiana TIG) have prepared a Draft Restoration Plan and 
Environmental Assessment #2: Provide and Enhance Recreational 
Opportunities (RP/EA). The Draft RP/EA describes and proposes 
restoration project alternatives considered by the Louisiana TIG to 
compensate for recreational use services lost as a result of the 
Deepwater Horizon oil spill. The Louisiana TIG evaluated these 
alternatives under criteria set forth in the OPA natural resource 
damage assessment (NRDA) regulations, and also evaluated the 
environmental consequences of the restoration alternatives in 
accordance with NEPA. The proposed projects are consistent with the 
restoration alternatives selected in the Deepwater Horizon oil spill 
Final Programmatic Damage Assessment and Restoration Plan/Programmatic 
Environmental Impact Statement (PDARP/PEIS). The purpose of this notice 
is to inform the public of the availability of the Draft RP/EA and to 
seek public comments on the document.

DATES: The Louisiana TIG will consider public comments received on or 
before January 19, 2018.
    Public Meeting: The Louisiana TIG will also take written and verbal 
comments at the Coastal Protection and Restoration Authority Board 
Meeting on January 17, 2018; 9:30 a.m.; Louisiana State Capitol, House 
Committee Room 5, 900 North Third Street, Baton Rouge, LA 70802.

ADDRESSES: Obtaining Documents: You may download the Draft RP/EA at any 
of the following sites:

 http://www.gulfspillrestoration.noaa.gov
 http://www.la-dwh.com

    Alternatively, you may request a CD of the Draft RP/EA (see FOR 
FURTHER INFORMATION CONTACT). You may also view the document at any of 
the public facilities listed at http://www.gulfspillrestoration.noaa.gov.
    Submitting Comments: You may submit comments on the Draft RP/EA by 
one of following methods:
     Via the Web: http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana.
     Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 
49567, Atlanta, GA 30345; or Louisiana Coastal Protection & Restoration 
Authority, ATTN: Liz Williams, P.O. Box 44027, Baton Rouge, LA 70804.
     In Person: Written and verbal comments may be submitted at 
the public meeting on January 17, 2018
    Once submitted, comments cannot be edited or withdrawn. The 
Louisiana TIG may publish any comment received on the document. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The Louisiana TIG will generally not consider comments or 
comment contents located outside of the primary submission (i.e., on 
the web, cloud, or other file sharing system). Please be aware that 
your entire comment, including your personal identifying information, 
will become part of the public record. Please not that mailed comments 
must be postmarked on or before the comment deadline of 30 days 
following publication of this notice to be considered.

FOR FURTHER INFORMATION CONTACT:

[[Page 60398]]

     Louisiana--Liz Williams at [email protected].
     EPA--Tim Landers at [email protected].

SUPPLEMENTARY INFORMATION:

Introduction

    On April 20, 2010, the mobile offshore drilling unit Deepwater 
Horizon, which was being used to drill a well for BP Exploration and 
Production, Inc. (BP), in the Macondo prospect (Mississippi Canyon 252-
MC252), experienced a significant explosion, fire, and subsequent 
sinking in the Gulf of Mexico, resulting in an unprecedented volume of 
oil and other discharges from the rig and from the wellhead on the 
seabed. The Deepwater Horizon oil spill is the largest off shore oil 
spill in U.S. history, discharging millions of barrels of oil over a 
period of 87 days. The Trustees conducted the natural resource damage 
assessment for the Deepwater Horizon oil spill under the Oil Pollution 
Act of 1990 (33 U.S.C. 2701 et seq.). Under OPA, Federal and State 
agencies act as trustees on behalf of the public to assess natural 
resource injuries and losses and to determine the actions required to 
compensate the public for those injuries and losses. OPA further 
instructs the designated trustees to develop and implement a plan for 
the restoration, rehabilitation, replacement, or acquisition of the 
equivalent of the injured natural resources under their trusteeship, 
including the loss of use and services from those resources from the 
time of injury until the time restoration to baseline (the resource 
quality and conditions that would exist if the spill had not occurred) 
is complete.
    The Deepwater Horizon oil spill Trustees are:
     U.S. Environmental Protection Agency (EPA);
     U.S. Department of the Interior (DOI), as represented by 
the National Park Service, U.S. Fish and Wildlife Service, and Bureau 
of Land Management;
     National Oceanic and Atmospheric Administration (NOAA), on 
behalf of the U.S. Department of Commerce;
     U.S. Department of Agriculture (USDA);
     State of Louisiana Coastal Protection and Restoration 
Authority (CPRA), Oil Spill Coordinator's Office (LOSCO), Department of 
Environmental Quality (LDEQ), Department of Wildlife and Fisheries 
(LDWF), and Department of Natural Resources (LDNR);
     State of Mississippi Department of Environmental Quality;
     State of Alabama Department of Conservation and Natural 
Resources and Geological Survey of Alabama;
     State of Florida Department of Environmental Protection 
and Fish and Wildlife Conservation Commission; and
     State of Texas Parks and Wildlife Department, General Land 
Office, and Commission on Environmental Quality.
    On April 4, 2016, the Trustees reached and finalized a settlement 
of their natural resource damage claims with BP in a Consent Decree 
approved by the United States District Court for the Eastern District 
of Louisiana. Pursuant to that Consent Decree, restoration projects in 
the Louisiana Restoration Area are now chosen and managed by the 
Louisiana TIG. The Louisiana TIG is composed of the following Trustees: 
CPRA, LOSCO, LDEQ, LDWF, LDNR, EPA, DOI, NOAA, USDA.

Background

    In a November 2016 notice posted at http://www.gulfspillrestoration.noaa.gov the Louisiana TIG notified the public 
that the $22 million originally allocated to the Louisiana Marine 
Fisheries Enhancement, Research, and Science Center (LMFERSC) in the 
2014 Programmatic and Phase III Early Restoration Plan and Early 
Restoration Programmatic Environmental Impact Statement (Phase III ERP/
PEIS) would need to be re-allocated to other restoration projects 
intended to provide and enhance recreational opportunities. Site issues 
that arose during planning and development of the LMFERSC had precluded 
the Louisiana TIG from moving forward with the project. The Louisiana 
TIG requested restoration project ideas, including in a May 17, 2017, 
notice posted at http://www.gulfspillrestoration.noaa.gov, to provide 
and enhance recreational opportunities using the $22 million in early 
restoration funding.

Overview of the Draft RP/EA

    The Draft RP/EA is being released in accordance with OPA, NRDA 
regulations found in the Code of Federal Regulations (CFR) at 15 CFR 
part 990, and NEPA (42 U.S.C. 4321 et seq.). In the Draft RP/EA, the 
Louisiana TIG presents to the public their plan to compensate for 
recreational use services lost as a result of the Deepwater Horizon oil 
spill. The Draft RP/EA proposes four restoration project alternatives, 
evaluated in accordance with OPA and NEPA. The four proposed 
restoration project alternatives in the Draft RP/EA are as follows:

 Elmer's Island Access
 Island Road Piers
 Statewide Artificial Reefs
 Lake Charles Science Center and Educational Complex

    The Draft RP/EA also evaluates a no action alternative. One or more 
alternatives may be selected for implementation by the Louisiana TIG to 
compensate for recreational use services lost as a result of the 
Deepwater Horizon oil spill.
    The Louisiana TIG has examined the injuries assessed by the 
Deepwater Horizon Trustees and evaluated restoration project 
alternatives to address the injuries. In the Draft RP/EA, the Louisiana 
TIG presents to the public its plan for providing partial compensation 
for lost recreational use services in the Louisiana Restoration Area. 
The proposed project alternatives are intended to continue the process 
of using restoration funding to restore recreational use services lost 
as a result of the Deepwater Horizon oil spill. The total estimated 
cost of the proposed project alternatives is $22 million. Additional 
restoration planning for lost recreational use in the Louisiana 
Restoration Area will occur at a later time.

Next Steps

    The public is encouraged to review and comment on the Draft RP/EA. 
A public meeting is scheduled to also help facilitate the public review 
and comment process. After the public comment period ends, the 
Louisiana TIG will consider the comments received before issuing a 
Final RP/EA. A summary of comments received and the Louisiana TIG's 
responses and any revisions to the document, as appropriate, will be 
included in the final document.

Administrative Record

    The documents comprising the Administrative Record for the Draft 
RP/EA can be viewed electronically at http://www.doi.gov/deepwaterhorizon/administrativerecord.

Authority

    The authority for this action is the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.), its implementing NRDA regulations found at 15 CFR 
part 990, and NEPA (42 U.S.C. 4321 et seq.).

    Dated: November 22, 2017.
Benita Best-Wong,
Acting Principal Deputy Assistant Administrator, Office of Water.
[FR Doc. 2017-26565 Filed 12-19-17; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices 60397 three years from the completion of the then be submitted to OMB for review availability of the Draft RP/EA and to transaction. and approval pursuant to 5 CFR seek public comments on the document. 3. Agents acting on behalf of sellers or 1320.12. EPA will issue another Federal DATES: The Louisiana TIG will consider lessors are specifically required by Register document pursuant to 5 CFR public comments received on or before Section 1018 to comply with the 1320.5(a)(1)(iv) to announce the January 19, 2018. disclosure regulations described above. submission of the ICR to OMB and the Public Meeting: The Louisiana TIG Responses to the collection of opportunity to submit additional will also take written and verbal information are mandatory (see 40 CFR comments to OMB. If you have any comments at the Coastal Protection and 745, Subpart F, and 24 CFR 35, Subpart questions about this ICR or the approval Restoration Authority Board Meeting on H). Respondents may claim all or part process, please contact the technical January 17, 2018; 9:30 a.m.; Louisiana of a notice confidential. EPA will person listed under FOR FURTHER State Capitol, House Committee Room 5, disclose information that is covered by INFORMATION CONTACT. 900 North Third Street, Baton Rouge, a claim of confidentiality only to the Authority: 44 U.S.C. 3501 et seq. LA 70802. extent permitted by, and in accordance Dated: December 4, 2017. ADDRESSES: Obtaining Documents: You with, the procedures in TSCA section 14 and 40 CFR part 2. Charlotte Bertrand, may download the Draft RP/EA at any Burden statement: The annual public Acting Principal Deputy Assistant of the following sites: reporting and recordkeeping burden for Administrator, Office of Chemical Safety and • http://www.gulfspill this collection of information is Pollution Prevention. restoration.noaa.gov estimated to average 0.11 hours per [FR Doc. 2017–27424 Filed 12–19–17; 8:45 am] • http://www.la-dwh.com response. Burden is defined in 5 CFR BILLING CODE 6560–50–P Alternatively, you may request a CD 1320.3(b). of the Draft RP/EA (see FOR FURTHER The ICR, which is available in the INFORMATION CONTACT). You may also docket along with other related ENVIRONMENTAL PROTECTION view the document at any of the public materials, provides a detailed AGENCY facilities listed at http://www.gulfspill explanation of the collection activities [FRL–9971–53–OW] restoration.noaa.gov. and the burden estimate that is only Submitting Comments: You may briefly summarized here: Notice of Availability of the Deepwater submit comments on the Draft RP/EA by Respondents/Affected Entities: Horizon Oil Spill Louisiana Trustee one of following methods: Entities potentially affected by this ICR Implementation Group Draft • Via the Web: http://www.gulfspill are persons engaged in selling or leasing Restoration Plan and Environmental restoration.noaa.gov/restoration-areas/ certain residential dwellings built before Assessment #2: Provide and Enhance louisiana. 1978, or who are real estate agents Recreational Opportunities • Via U.S. Mail: U.S. Fish and representing such parties. Wildlife Service, P.O. Box 49567, Estimated total number of potential AGENCY: Environmental Protection Agency (EPA). Atlanta, GA 30345; or Louisiana Coastal respondents: 21,504,926. Protection & Restoration Authority, Frequency of response: On occasion. ACTION: Notice of availability; request ATTN: Liz Williams, P.O. Box 44027, Estimated total average number of for public comments. Baton Rouge, LA 70804. responses for each respondent: 2.6. • In Person: Written and verbal Estimated total annual burden hours: SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the comments may be submitted at the 5,952,344 hours. public meeting on January 17, 2018 Estimated total annual costs: National Environmental Policy Act (NEPA), the Federal and State natural Once submitted, comments cannot be $130,067,754. This includes an resource trustee agencies for the edited or withdrawn. The Louisiana TIG estimated burden cost of $130,067,754 Louisiana Trustee Implementation may publish any comment received on and an estimated cost of $0 for capital Group (Louisiana TIG) have prepared a the document. Do not submit investment or maintenance and Draft Restoration Plan and electronically any information you operational costs. Environmental Assessment #2: Provide consider to be Confidential Business III. Are there changes in the estimates and Enhance Recreational Opportunities Information (CBI) or other information from the last approval? (RP/EA). The Draft RP/EA describes and whose disclosure is restricted by statute. There is a decrease of 514,832 hours proposes restoration project alternatives Multimedia submissions (audio, video, in the total estimated respondent considered by the Louisiana TIG to etc.) must be accompanied by a written burden compared with that identified in compensate for recreational use services comment. The written comment is the ICR currently approved by OMB. lost as a result of the Deepwater Horizon considered the official comment and This decrease reflects revisions to the oil spill. The Louisiana TIG evaluated should include discussion of all points estimated number of respondents based these alternatives under criteria set forth you wish to make. The Louisiana TIG on updates to data sources, and in the OPA natural resource damage will generally not consider comments or revisions based on market factors, e.g., assessment (NRDA) regulations, and comment contents located outside of the declines in the numbers of new rentals also evaluated the environmental primary submission (i.e., on the web, and declines in the amount of owner- consequences of the restoration cloud, or other file sharing system). occupied target housing in the market. alternatives in accordance with NEPA. Please be aware that your entire The proposed projects are consistent comment, including your personal sradovich on DSK3GMQ082PROD with NOTICES This change is an adjustment. See the Supporting Statement for details. with the restoration alternatives selected identifying information, will become in the Deepwater Horizon oil spill Final part of the public record. Please not that IV. What is the next step in the process Programmatic Damage Assessment and mailed comments must be postmarked for this ICR? Restoration Plan/Programmatic on or before the comment deadline of 30 EPA will consider the comments Environmental Impact Statement days following publication of this notice received and amend the ICR as (PDARP/PEIS). The purpose of this to be considered. appropriate. The final ICR package will notice is to inform the public of the FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 21:36 Dec 19, 2017 Jkt 244001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1

60398 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices • Louisiana—Liz Williams at • State of Alabama Department of • Statewide Artificial Reefs LATIGPublicComments@la.gov. Conservation and Natural Resources and • Lake Charles Science Center and • EPA—Tim Landers at Geological Survey of Alabama; Educational Complex landers.timothy@epa.gov. • State of Florida Department of Environmental Protection and Fish and The Draft RP/EA also evaluates a no SUPPLEMENTARY INFORMATION: Wildlife Conservation Commission; and action alternative. One or more Introduction • State of Texas Parks and Wildlife alternatives may be selected for Department, General Land Office, and implementation by the Louisiana TIG to On April 20, 2010, the mobile Commission on Environmental Quality. compensate for recreational use services offshore drilling unit Deepwater On April 4, 2016, the Trustees lost as a result of the Deepwater Horizon Horizon, which was being used to drill reached and finalized a settlement of oil spill. a well for BP Exploration and their natural resource damage claims Production, Inc. (BP), in the Macondo with BP in a Consent Decree approved The Louisiana TIG has examined the prospect (Mississippi Canyon 252– by the United States District Court for injuries assessed by the Deepwater MC252), experienced a significant the Eastern District of Louisiana. Horizon Trustees and evaluated explosion, fire, and subsequent sinking Pursuant to that Consent Decree, restoration project alternatives to in the Gulf of Mexico, resulting in an restoration projects in the Louisiana address the injuries. In the Draft RP/EA, unprecedented volume of oil and other Restoration Area are now chosen and the Louisiana TIG presents to the public discharges from the rig and from the managed by the Louisiana TIG. The its plan for providing partial wellhead on the seabed. The Deepwater Louisiana TIG is composed of the compensation for lost recreational use Horizon oil spill is the largest off shore following Trustees: CPRA, LOSCO, services in the Louisiana Restoration oil spill in U.S. history, discharging LDEQ, LDWF, LDNR, EPA, DOI, NOAA, Area. The proposed project alternatives millions of barrels of oil over a period USDA. are intended to continue the process of of 87 days. The Trustees conducted the using restoration funding to restore natural resource damage assessment for Background recreational use services lost as a result the Deepwater Horizon oil spill under In a November 2016 notice posted at of the Deepwater Horizon oil spill. The the Oil Pollution Act of 1990 (33 U.S.C. http://www.gulfspillrestoration.noaa.gov total estimated cost of the proposed 2701 et seq.). Under OPA, Federal and the Louisiana TIG notified the public project alternatives is $22 million. State agencies act as trustees on behalf that the $22 million originally allocated Additional restoration planning for lost of the public to assess natural resource to the Louisiana Marine Fisheries recreational use in the Louisiana injuries and losses and to determine the Enhancement, Research, and Science Restoration Area will occur at a later actions required to compensate the Center (LMFERSC) in the 2014 time. public for those injuries and losses. Programmatic and Phase III Early Restoration Plan and Early Restoration Next Steps OPA further instructs the designated trustees to develop and implement a Programmatic Environmental Impact The public is encouraged to review plan for the restoration, rehabilitation, Statement (Phase III ERP/PEIS) would and comment on the Draft RP/EA. A replacement, or acquisition of the need to be re-allocated to other public meeting is scheduled to also help equivalent of the injured natural restoration projects intended to provide facilitate the public review and resources under their trusteeship, and enhance recreational opportunities. comment process. After the public including the loss of use and services Site issues that arose during planning comment period ends, the Louisiana from those resources from the time of and development of the LMFERSC had TIG will consider the comments injury until the time restoration to precluded the Louisiana TIG from received before issuing a Final RP/EA. baseline (the resource quality and moving forward with the project. The A summary of comments received and conditions that would exist if the spill Louisiana TIG requested restoration the Louisiana TIG’s responses and any had not occurred) is complete. project ideas, including in a May 17, revisions to the document, as The Deepwater Horizon oil spill 2017, notice posted at http://www.gulf appropriate, will be included in the Trustees are: spillrestoration.noaa.gov, to provide and final document. • U.S. Environmental Protection enhance recreational opportunities Agency (EPA); using the $22 million in early Administrative Record • U.S. Department of the Interior restoration funding. The documents comprising the (DOI), as represented by the National Overview of the Draft RP/EA Administrative Record for the Draft RP/ Park Service, U.S. Fish and Wildlife The Draft RP/EA is being released in EA can be viewed electronically at Service, and Bureau of Land accordance with OPA, NRDA http://www.doi.gov/deepwaterhorizon/ Management; regulations found in the Code of Federal administrativerecord. • National Oceanic and Atmospheric Regulations (CFR) at 15 CFR part 990, Administration (NOAA), on behalf of Authority and NEPA (42 U.S.C. 4321 et seq.). In the U.S. Department of Commerce; the Draft RP/EA, the Louisiana TIG The authority for this action is the Oil • U.S. Department of Agriculture presents to the public their plan to Pollution Act of 1990 (33 U.S.C. 2701 et (USDA); compensate for recreational use services seq.), its implementing NRDA • State of Louisiana Coastal lost as a result of the Deepwater Horizon regulations found at 15 CFR part 990, Protection and Restoration Authority oil spill. The Draft RP/EA proposes four sradovich on DSK3GMQ082PROD with NOTICES and NEPA (42 U.S.C. 4321 et seq.). (CPRA), Oil Spill Coordinator’s Office restoration project alternatives, Dated: November 22, 2017. (LOSCO), Department of Environmental evaluated in accordance with OPA and Quality (LDEQ), Department of Wildlife NEPA. The four proposed restoration Benita Best-Wong, and Fisheries (LDWF), and Department project alternatives in the Draft RP/EA Acting Principal Deputy Assistant of Natural Resources (LDNR); are as follows: Administrator, Office of Water. • State of Mississippi Department of • Elmer’s Island Access [FR Doc. 2017–26565 Filed 12–19–17; 8:45 am] Environmental Quality; • Island Road Piers BILLING CODE 6560–50–P VerDate Sep<11>2014 21:36 Dec 19, 2017 Jkt 244001 PO 00000 Frm 00030 Fmt 4703 Sfmt 9990 E:\FR\FM\20DEN1.SGM 20DEN1


Document Created: 2018-10-25 10:57:30
Document Modified: 2018-10-25 10:57:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for public comments.
DatesThe Louisiana TIG will consider public comments received on or before January 19, 2018.
Contact<bullet> Louisiana--Liz Williams at [email protected]
FR Citation82 FR 60397 
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