2018-07745. 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 Use

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of availability; request for public comments.

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) prepared a Draft Restoration Plan and Environmental Assessment #4: Nutrient Reduction (Nonpoint Source) and Recreational Use (Draft RP/EA). The Draft RP/EA describes and proposes restoration 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 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 May 21, 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 April 24, 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 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 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 April 24, 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—Douglas 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 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 July 2017 notice posted at http://www.gulfspillrestoration.noaa.gov the Louisiana TIG requested public input on restoration project ideas in Louisiana within the Nutrient Reduction (Nonpoint Source) and Provide and Enhance Recreational Opportunities restoration types. The Louisiana TIG reviewed and considered these restoration project ideas.

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 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 improve water quality through nutrient reduction (nonpoint sources) and to compensate for recreational use services lost as a result of the Deepwater Horizon oil spill. In accordance with OPA and NEPA, the Draft RP/EA evaluates a total of 31 restoration project alternatives within the Nutrient Reduction (Nonpoint Source) and Provide and Enhance Recreational Opportunities restoration types. Of those, 23 are identified as preferred alternatives, four nutrient reduction projects and 19 projects to provide and enhance recreational uses.

For the Nutrient Reduction (Nonpoint Source) restoration type, the Draft RP/EA proposes the following preferred project alternatives:

• 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 Land in Bayou Folse
• Winter Water Holding on Cropland in Vermilion and Cameron Parishes Plus Agricultural Best Management Practices

For the Provide and Enhance Recreational Opportunities restoration type, the Draft RP/EA proposes the following preferred project alternatives:

• 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
• Pointe-aux-Chenes Wildlife Management Area Recreational Use Enhancement
• 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 Preserve Unit
• Des Allemands Boat Launch
• Middle Pearl
• Improvements to Grand Avoille Boat Launch
• Belle Chasse

The Draft RP/EA also evaluates a no action alternative. One or more alternatives may be selected for implementation by the Louisiana TIG. The proposed projects are intended to continue the process of using restoration funding to reduce nutrients (nonpoint sources) and restore recreational use services lost as a result of the Deepwater Horizon oil spill. The total estimated cost of the preferred alternatives is approximately $47.5 million ($9.5 million for nutrient reduction and $38 million for recreational use). Additional restoration planning for the Louisiana Restoration Area will continue.

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: April 5, 2018.

Benita Best-Wong,

Acting Principal Deputy Assistant Administrator, Office of Water.