83 FR 34571 - Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Final Restoration Plan/Environmental Assessment #4: Nutrient Reduction (Nonpoint Source) and Recreational Opportunities and Finding of No Significant Impact

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 140 (July 20, 2018)

Page Range		34571-34572
FR Document		2018-15347

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 the Final Restoration Plan and Environmental Assessment #4: Nutrient Reduction (Nonpoint Source) and Recreational Opportunities (Final RP/EA #4). The Final RP/EA #4 describes and, in conjunction with the associated Finding of No Significant Impact (FONSI), selects twenty-three preferred project alternatives considered by the Louisiana TIG to improve water quality by reducing nutrients from nonpoint sources and to compensate for recreational use services lost as a result of the Deepwater Horizon oil spill. The Louisiana TIG evaluated alternatives under criteria set forth in the OPA natural resource damage assessment (NRDA) regulations, and evaluated the environmental consequences of the restoration alternatives in accordance with NEPA. The selected 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 Federal Trustees of the Louisiana TIG have determined that implementation of the Final RP/EA #4 is not a major federal action significantly affecting the quality of the human environment within the context of NEPA. They have concluded a FONSI is appropriate, and, therefore, an Environmental Impact Statement will not be prepared. The purpose of this notice is to inform the public of the approval and availability of the Final RP/EA #4 and FONSI.

Federal Register, Volume 83 Issue 140 (Friday, July 20, 2018)

[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34571-34572]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15347]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9980-78-OW]


Notice of Availability of the Deepwater Horizon Oil Spill 
Louisiana Trustee Implementation Group Final Restoration Plan/
Environmental Assessment #4: Nutrient Reduction (Nonpoint Source) and 
Recreational Opportunities and Finding of No Significant Impact

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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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 the Final Restoration Plan and 
Environmental Assessment #4: Nutrient Reduction (Nonpoint Source) and 
Recreational Opportunities (Final RP/EA #4). The Final RP/EA #4 
describes and, in conjunction with the associated Finding of No 
Significant Impact (FONSI), selects twenty-three preferred project 
alternatives considered by the Louisiana TIG to improve water quality 
by reducing nutrients from nonpoint sources and to compensate for 
recreational use services lost as a result of the Deepwater Horizon oil 
spill. The Louisiana TIG evaluated alternatives under criteria set 
forth in the OPA natural resource damage assessment (NRDA) regulations, 
and evaluated the environmental consequences of the restoration 
alternatives in accordance with NEPA. The selected 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 
Federal Trustees of the Louisiana TIG have determined that 
implementation of the Final RP/EA #4 is not a major federal action 
significantly affecting the quality of the human environment within the 
context of NEPA. They have concluded a FONSI is appropriate, and, 
therefore, an Environmental Impact Statement will not be prepared. The 
purpose of this notice is to inform the public of the approval and 
availability of the Final RP/EA #4 and FONSI.

ADDRESSES: Obtaining Documents: You may download the Final RP/EA #4 and 
FONSI at any of the following sites:
     http://www.gulfspillrestoration.noaa.gov
     http://www.la-dwh.com
    Alternatively, you may request a CD of the Final RP/EA #4 and FONSI 
(see FOR FURTHER INFORMATION CONTACT). You may also view the document 
at any of the public facilities listed at http://www.gulfspillrestoration.noaa.gov.

FOR FURTHER INFORMATION CONTACT:  Louisiana--Joann Hicks, 225-
342-5477.
     EPA--Doug Jacobson, 214-665-6692.

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

[[Page 34572]]

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

    A Notice of Availability of the Deepwater Horizon Oil Spill 
Louisiana Trustee Implementation Group Draft Restoration Plan and 
Environmental Assessment #4: Nutrient Reduction (Nonpoint Source) and 
Recreational Opportunities (Draft RP/EA #4) was published in the 
Federal Register on April 20, 2018. The Louisiana TIG hosted a public 
meeting on April 24, 2018, in New Orleans, and the public comment 
period for the Draft RP/EA #4 closed on May 21, 2018. The Draft RP/EA 
#4 proposed twenty-three restoration projects, evaluated in accordance 
with OPA and NEPA. The Louisiana TIG considered the public comments 
received on the Draft RP/EA #4 which informed the Louisiana TIG's 
analyses and selection of the restoration projects in the Final RP/EA 
#4. A summary of the public comments received and the Trustees' 
responses to those comments are included in Chapter 7 of the Final RP/
EA #4.

Overview of the Final RP/EA #4

    The Final RP/EA #4 is being released in accordance with OPA NRDA 
regulations found in the Code of Federal Regulations (CFR) at 15 CFR 
990, and NEPA (42 U.S.C. 4321 et seq.). In the Final RP/EA #4, the 
Louisiana TIG selects the following preferred project alternatives:
    Nutrient Reduction (Nonpoint Source):
     Nutrient Reduction on Dairy Farms in St. Helena and 
Tangipahoa Parishes
     Nutrient Reduction on Dairy Farms in Washington Parish
     Nutrient Reduction on Cropland and Grazing Lands in Bayou 
Folse
     Winter Water Holding on Cropland in Vermilion and Cameron 
Parishes Plus
    Agricultural Best Management Practices
    Recreational Use:
     Pass-a-Loutre Wildlife Management Area Crevasse Access
     Pass-a-Loutre Wildlife Management Area Campgrounds
     Grand Isle State Park Improvements
     Chitimacha Boat Launch
     Sam Houston Jones State Park Improvements
     Montegut S1/S2 Access/Pointe-aux-Chenes Fishing Piers
     WHARF Phase 1
     Bayou Segnette State Park Improvements
     Atchafalaya Delta Wildlife Management Area Access
     Atchafalaya Delta Wildlife Management Area Campgrounds
     Rockefeller Piers/Rockefeller Signage
     St. Bernard State Park Improvements
     Cypremort Point State Park Improvements
     The Wetlands Center
     Recreational Use Improvements at Barataria Preserve in 
Jefferson Parish, Jean Lafitte National Historical Park and Preserve, 
Barataria Unit
     Des Allemands Boat Launch
     Middle Pearl
     Improvements to Grand Avoille Boat Launch
     Belle Chasse
    The Louisiana TIG has examined the injuries assessed by the 
Deepwater Horizon Trustees and evaluated restoration alternatives to 
address the injuries. In the Final RP/EA #4, the Louisiana TIG presents 
to the public its plan for providing partial compensation for lost 
recreational use services and reducing nutrients from nonpoint sources 
in the Louisiana Restoration Area. The selected projects are intended 
to continue the process of using restoration funding to reduce 
nutrients (nonpoint source) and restore recreational use services lost 
as a result of the Deepwater Horizon oil spill. The total estimated 
cost of the selected projects is $47.5 million. Additional restoration 
planning for the Louisiana Restoration Area will continue.

Administrative Record

    The documents comprising the Administrative Record for the Final 
RP/EA #4 and FONSI 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: July 2, 2018.
Benita Best-Wong,
Acting Principal Deputy Assistant Administrator, Office of Water.
[FR Doc. 2018-15347 Filed 7-19-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34571

long open tailrace discharging into the Comments on draft EA, February 2019 Statement will not be prepared. The
third level canal; and, (6) 4.8-kilovolt Commission issues final EA, June 2019 purpose of this notice is to inform the
generator leads that connect directly to Dated: July 16, 2018. public of the approval and availability
the 4.8-kilovolt area distribution system; Kimberly D. Bose, of the Final RP/EA #4 and FONSI.
and (7) appurtenant facilities. The Secretary. ADDRESSES: Obtaining Documents: You
project is estimated to generate may download the Final RP/EA #4 and
[FR Doc. 2018–15560 Filed 7–19–18; 8:45 am]
2,119,000 kilowatt-hours annually. FONSI at any of the following sites:
m. Copies of the applications are BILLING CODE 6717–01–P
• http://www.gulfspillrestoration.
available for review at the Commission noaa.gov
in the Public Reference Room or may be • http://www.la-dwh.com
viewed on the Commission’s website at ENVIRONMENTAL PROTECTION Alternatively, you may request a CD
http://www.ferc.gov using the AGENCY of the Final RP/EA #4 and FONSI (see
‘‘eLibrary’’ link. Enter the docket [FRL–9980–78–OW] FOR FURTHER INFORMATION CONTACT). You
number excluding the last three digits in may also view the document at any of
the docket number field to access the Notice of Availability of the Deepwater the public facilities listed at http://
document. For assistance, contact FERC Horizon Oil Spill Louisiana Trustee www.gulfspillrestoration.noaa.gov.
Online Support. Copies are also Implementation Group Final FOR FURTHER INFORMATION CONTACT:
available for inspection and Restoration Plan/Environmental • Louisiana—Joann Hicks, 225–342–
reproduction at the address in item h Assessment #4: Nutrient Reduction 5477.
above. (Nonpoint Source) and Recreational • EPA—Doug Jacobson, 214–665–
All filings must (1) bear in all capital Opportunities and Finding of No 6692.
letters the title ‘‘COMMENTS’’, ‘‘REPLY Significant Impact
COMMENTS’’, SUPPLEMENTARY INFORMATION:
‘‘RECOMMENDATIONS,’’ ‘‘TERMS AGENCY: Environmental Protection
Agency (EPA). Introduction
AND CONDITIONS,’’ or
‘‘PRESCRIPTIONS;’’ (2) set forth in the ACTION: Notice of availability. On April 20, 2010, the mobile
heading the name of the applicant and offshore drilling unit Deepwater
the project number of the application to SUMMARY: In accordance with the Oil Horizon, which was being used to drill
which the filing responds; (3) furnish Pollution Act of 1990 (OPA) and the a well for BP Exploration and
the name, address, and telephone National Environmental Policy Act Production, Inc. (BP), in the Macondo
number of the person submitting the (NEPA), the Federal and State natural prospect (Mississippi Canyon 252–
filing; and (4) otherwise comply with resource trustee agencies for the MC252), experienced a significant
the requirements of 18 CFR 385.2001 Louisiana Trustee Implementation explosion, fire, and subsequent sinking
through 385.2005. All comments, Group (Louisiana TIG) have prepared in the Gulf of Mexico, resulting in an
recommendations, terms and conditions the Final Restoration Plan and unprecedented volume of oil and other
or prescriptions must set forth their Environmental Assessment #4: Nutrient discharges from the rig and from the
evidentiary basis and otherwise comply Reduction (Nonpoint Source) and wellhead on the seabed. The Deepwater
with the requirements of 18 CFR 4.34(b). Recreational Opportunities (Final RP/ Horizon oil spill is the largest off shore
Agencies may obtain copies of the EA #4). The Final RP/EA #4 describes oil spill in U.S. history, discharging
applications directly from the applicant. and, in conjunction with the associated millions of barrels of oil over a period
Each filing must be accompanied by Finding of No Significant Impact of 87 days.
proof of service on all persons listed on (FONSI), selects twenty-three preferred The Trustees conducted the natural
the service list prepared by the project alternatives considered by the resource damage assessment for the
Commission in this proceeding, in Louisiana TIG to improve water quality Deepwater Horizon oil spill under the
accordance with 18 CFR 4.34(b), and by reducing nutrients from nonpoint Oil Pollution Act of 1990 (33 U.S.C.
385.2010. sources and to compensate for 2701 et seq.). Under OPA, Federal and
You may also register online at http:// recreational use services lost as a result State agencies act as trustees on behalf
www.ferc.gov/docs-filing/ of the Deepwater Horizon oil spill. The of the public to assess natural resource
esubscription.asp to be notified via Louisiana TIG evaluated alternatives injuries and losses and to determine the
email of new filings and issuances under criteria set forth in the OPA actions required to compensate the
related to this or other pending projects. natural resource damage assessment public for those injuries and losses.
For assistance, contact FERC Online (NRDA) regulations, and evaluated the OPA further instructs the designated
Support. environmental consequences of the trustees to develop and implement a
n. A license applicant must file no restoration alternatives in accordance plan for the restoration, rehabilitation,
later than 60 days following the date of with NEPA. The selected projects are replacement, or acquisition of the
issuance of this notice: (1) A copy of the consistent with the restoration equivalent of the injured natural
water quality certification; (2) a copy of alternatives selected in the Deepwater resources under their trusteeship,
the request for certification, including Horizon oil spill Final Programmatic including the loss of use and services
proof of the date on which the certifying Damage Assessment and Restoration from those resources from the time of
agency received the request; or (3) Plan/Programmatic Environmental injury until the time restoration to
evidence of waiver of water quality Impact Statement (PDARP/PEIS). The baseline (the resource quality and
certification. Federal Trustees of the Louisiana TIG conditions that would exist if the spill
daltland on DSKBBV9HB2PROD with NOTICES

o. Procedural schedule: The have determined that implementation of had not occurred) is complete.
applications will be processed the Final RP/EA #4 is not a major The Deepwater Horizon oil spill
according to the following schedule. federal action significantly affecting the Trustees are:
Revisions to the schedule will be made quality of the human environment • U.S. Environmental Protection
as appropriate. within the context of NEPA. They have Agency (EPA);
Commission issues draft EA, December concluded a FONSI is appropriate, and, • U.S. Department of the Interior
2018 therefore, an Environmental Impact (DOI), as represented by the National

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34572 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices

Park Service, U.S. Fish and Wildlife Overview of the Final RP/EA #4 (nonpoint source) and restore
Service, and Bureau of Land The Final RP/EA #4 is being released recreational use services lost as a result
Management; in accordance with OPA NRDA of the Deepwater Horizon oil spill. The
• National Oceanic and Atmospheric regulations found in the Code of Federal total estimated cost of the selected
Administration (NOAA), on behalf of Regulations (CFR) at 15 CFR 990, and projects is $47.5 million. Additional
the U.S. Department of Commerce; NEPA (42 U.S.C. 4321 et seq.). In the restoration planning for the Louisiana
• U.S. Department of Agriculture Final RP/EA #4, the Louisiana TIG Restoration Area will continue.
(USDA); selects the following preferred project Administrative Record
• State of Louisiana Coastal alternatives:
The documents comprising the
Protection and Restoration Authority Nutrient Reduction (Nonpoint
Administrative Record for the Final
(CPRA), Oil Spill Coordinator’s Office Source):
RP/EA #4 and FONSI can be viewed
(LOSCO), Department of Environmental • Nutrient Reduction on Dairy Farms
electronically at http://www.doi.gov/
Quality (LDEQ), Department of Wildlife in St. Helena and Tangipahoa Parishes
deepwaterhorizon/administrativerecord.
and Fisheries (LDWF), and Department • Nutrient Reduction on Dairy Farms
of Natural Resources (LDNR); in Washington Parish Authority
• State of Mississippi Department of • Nutrient Reduction on Cropland The authority for this action is the Oil
Environmental Quality; and Grazing Lands in Bayou Folse Pollution Act of 1990 (33 U.S.C. 2701 et
• State of Alabama Department of • Winter Water Holding on Cropland seq.), its implementing NRDA
Conservation and Natural Resources and in Vermilion and Cameron Parishes Plus regulations found at 15 CFR part 990,
Geological Survey of Alabama; Agricultural Best Management and NEPA (42 U.S.C. 4321 et seq.).
Practices
• State of Florida Department of Recreational Use: Dated: July 2, 2018.
Environmental Protection and Fish and • Pass-a-Loutre Wildlife Management Benita Best-Wong,
Wildlife Conservation Commission; and Area Crevasse Access Acting Principal Deputy Assistant
• State of Texas Parks and Wildlife • Pass-a-Loutre Wildlife Management Administrator, Office of Water.
Department, General Land Office, and Area Campgrounds [FR Doc. 2018–15347 Filed 7–19–18; 8:45 am]
Commission on Environmental Quality. • Grand Isle State Park Improvements BILLING CODE 6560–50–P
On April 4, 2016, the Trustees • Chitimacha Boat Launch
reached and finalized a settlement of • Sam Houston Jones State Park
their natural resource damage claims Improvements ENVIRONMENTAL PROTECTION
with BP in a Consent Decree approved • Montegut S1/S2 Access/Pointe-aux- AGENCY
by the United States District Court for Chenes Fishing Piers [FRL–9980–87–OP]
the Eastern District of Louisiana. • WHARF Phase 1
Pursuant to that Consent Decree, • Bayou Segnette State Park National Environmental Justice
restoration projects in the Louisiana Improvements Advisory Council; Notification of
Restoration Area are now chosen and • Atchafalaya Delta Wildlife Public Meeting, Public Teleconference
managed by the Louisiana TIG. The Management Area Access and Public Comment
Louisiana TIG is composed of the • Atchafalaya Delta Wildlife
following Trustees: CPRA, LOSCO, Management Area Campgrounds AGENCY: Environmental Protection
LDEQ, LDWF, LDNR, EPA, DOI, NOAA, • Rockefeller Piers/Rockefeller Agency (EPA).
USDA. Signage ACTION: Notification of public meeting.
• St. Bernard State Park
Background SUMMARY: Pursuant to the Federal
Improvements
A Notice of Availability of the • Cypremort Point State Park Advisory Committee Act (FACA), Public
Deepwater Horizon Oil Spill Louisiana Improvements Law 92–463, the U.S. Environmental
Trustee Implementation Group Draft • The Wetlands Center Protection Agency (EPA) hereby
Restoration Plan and Environmental • Recreational Use Improvements at provides notice that the National
Assessment #4: Nutrient Reduction Barataria Preserve in Jefferson Parish, Environmental Justice Advisory Council
(Nonpoint Source) and Recreational Jean Lafitte National Historical Park and (NEJAC) will meet on the dates and
Opportunities (Draft RP/EA #4) was Preserve, Barataria Unit times described below. All meetings are
published in the Federal Register on • Des Allemands Boat Launch open to the public. Members of the
April 20, 2018. The Louisiana TIG • Middle Pearl public are encouraged to provide
hosted a public meeting on April 24, • Improvements to Grand Avoille comments relevant to the specific issues
2018, in New Orleans, and the public Boat Launch being considered by the NEJAC. For
comment period for the Draft RP/EA #4 • Belle Chasse additional information about registering
closed on May 21, 2018. The Draft RP/ The Louisiana TIG has examined the to attend the meeting or to provide
EA #4 proposed twenty-three restoration injuries assessed by the Deepwater public comment, please see
projects, evaluated in accordance with Horizon Trustees and evaluated ‘‘REGISTRATION’’ under
OPA and NEPA. The Louisiana TIG restoration alternatives to address the SUPPLEMENTARY INFORMATION. Due to a
considered the public comments injuries. In the Final RP/EA #4, the limited space, seating at the NEJAC
received on the Draft RP/EA #4 which Louisiana TIG presents to the public its meeting will be on a first-come, first
daltland on DSKBBV9HB2PROD with NOTICES

informed the Louisiana TIG’s analyses plan for providing partial compensation served basis. Pre-registration is highly
and selection of the restoration projects for lost recreational use services and suggested.
in the Final RP/EA #4. A summary of reducing nutrients from nonpoint DATES: The NEJAC will convene a
the public comments received and the sources in the Louisiana Restoration public face-to-face meeting beginning on
Trustees’ responses to those comments Area. The selected projects are intended Tuesday, August 14, 2018, starting at
are included in Chapter 7 of the Final to continue the process of using 6:00 p.m., Eastern Time. The NEJAC
RP/EA #4. restoration funding to reduce nutrients meeting will continue August 15–16,

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Document Created: 2018-07-20 01:18:02
Document Modified: 2018-07-20 01:18:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability.
Contact		<bullet> Louisiana--Joann Hicks, 225- 342-5477.
FR Citation		83 FR 34571