83 FR 23460 - Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Draft Supplemental Restoration Plan and Environmental Assessment for the Elmer's Island Access Project Modification

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 98 (May 21, 2018)

On December 20, 2017, the Environmental Protection Agency (EPA) published a Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group (Louisiana TIG) Draft Restoration Plan and Environmental Assessment #2: Provide and Enhance Recreational Opportunities (Draft RP/EA #2) and requested comments from the public. In response to the public comments received on the Elmer's Island Access project proposed in the Draft RP/EA #2, the Louisiana TIG is proposing a modification to the original Elmer's Island Access project feature. 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 TIG prepared a Draft Supplemental Restoration Plan and Environmental Assessment for the Elmer's Island Access Project Modification (Draft Supplemental RP/ EA). The Draft Supplemental RP/EA evaluates the proposed change to the Elmer's Island Access project and alternatives considered by the Louisiana TIG under criteria set forth in the OPA natural resource damage assessment (NRDA) regulations, and evaluates their environmental effects in accordance with NEPA. The proposed modification to the Elmer's Island Access project is 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 Supplemental RP/EA and to seek public comments on the document.

[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23460-23461]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10112]



[[Page 23460]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9977-97-OW]


Notice of Availability of the Deepwater Horizon Oil Spill 
Louisiana Trustee Implementation Group Draft Supplemental Restoration 
Plan and Environmental Assessment for the Elmer's Island Access Project 
Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for public comments.

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SUMMARY: On December 20, 2017, the Environmental Protection Agency 
(EPA) published a Notice of Availability of the Deepwater Horizon Oil 
Spill Louisiana Trustee Implementation Group (Louisiana TIG) Draft 
Restoration Plan and Environmental Assessment #2: Provide and Enhance 
Recreational Opportunities (Draft RP/EA #2) and requested comments from 
the public. In response to the public comments received on the Elmer's 
Island Access project proposed in the Draft RP/EA #2, the Louisiana TIG 
is proposing a modification to the original Elmer's Island Access 
project feature. 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 TIG prepared a 
Draft Supplemental Restoration Plan and Environmental Assessment for 
the Elmer's Island Access Project Modification (Draft Supplemental RP/
EA). The Draft Supplemental RP/EA evaluates the proposed change to the 
Elmer's Island Access project and alternatives considered by the 
Louisiana TIG under criteria set forth in the OPA natural resource 
damage assessment (NRDA) regulations, and evaluates their environmental 
effects in accordance with NEPA. The proposed modification to the 
Elmer's Island Access project is 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 Supplemental 
RP/EA and to seek public comments on the document.

DATES: The Louisiana TIG will consider public comments received on or 
before June 20, 2018.
    Public Meeting: The Louisiana TIG will also take verbal comments at 
a public meeting that will be held at the Tulane River and Coastal 
Center on May 22, 2018; Open House 5:30 p.m., Meeting 6:00 p.m.; 1370 
Port of New Orleans Place, New Orleans, LA 70130.

ADDRESSES: Obtaining Documents: You may download the Draft Supplemental 
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 Supplemental 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 
Supplemental RP/EA by one of the 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.
     In Person: Verbal comments may be provided at the public 
meeting on May 22, 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 note 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: 
     Louisiana--Joann Hicks, 225-342-5477.
     EPA--Tim Landers, 202-566-2231.

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

[[Page 23461]]

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 the December 2017 Draft RP/EA #2, the Louisiana TIG presented to 
the public its plan for providing partial compensation for recreational 
use services lost as a result of the Deepwater Horizon oil spill. The 
public comment period for the Draft RP/EA #2 began on December 20, 
2017, and closed on February 2, 2018. The Louisiana TIG hosted a public 
meeting on January 24, 2018, in New Orleans. The Draft RP/EA #2 
proposed four restoration projects, evaluated in accordance with OPA 
and NEPA, including the Elmer's Island Access project. As proposed, the 
Elmer's Island Access project would enhance recreational opportunities 
within the Elmer's Island Refuge by incorporating a suite of features 
to improve upon existing access points, enhance the natural features of 
the area through reconnected hydrology, and develop a solution for 
improved access for recreational fishing activities targeting the 
eastern portion of Elmer's Island adjacent to Caminada Pass. In 
response to the public comments received on the Elmer's Island Access 
project proposed in the Draft RP/EA #2, the Louisiana TIG is proposing 
a modification to the original project feature. This modification would 
eliminate the proposed boardwalk and associated small boat launch and 
parking area at Elmer's Island, and provide a beach shuttle service 
that would allow improved public access to Caminada Pass, the most 
popular location for recreational fishing on Elmer's Island. The 
Louisiana TIG has prepared the Draft Supplemental RP/EA to inform the 
public about the proposed modification to the Elmer's Island Access 
project and to seek public comment.

Next Steps

    The public is encouraged to review and comment on the Draft 
Supplemental RP/EA. A public meeting is scheduled to also help 
facilitate the public review and comment process. Comments provided on 
the Draft Supplemental RP/EA will be considered along with comments 
previously received on the Draft RP/EA #2. A summary of comments 
received on the Draft Supplemental RP/EA and the Draft RP/EA #2 and the 
Louisiana TIG's responses, where applicable, will be included in the 
Final Restoration Plan/Environmental Assessment #2: Provide and Enhance 
Recreational Opportunities (Final RP/EA #2). Public comments on the 
Draft Supplemental RP/EA will inform the Louisiana TIG's decision on 
whether to select the Elmer's Island Access project, as modified, in 
the Final RP/EA #2.

Administrative Record

    The documents comprising the Administrative Record for the Draft 
Supplemental 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: May 3, 2018.
Benita Best-Wong,
Acting Principal Deputy Assistant Administrator, Office of Water.
[FR Doc. 2018-10112 Filed 5-18-18; 8:45 am]
 BILLING CODE 6560-50-P