Notice2022-03885
Notice of Availability of the Deepwater Horizon Oil Spill Texas Trustee Implementation Group Draft Restoration Plan/Environmental Assessment #2: Restoration of Wetlands, Coastal, and Nearshore Habitats; Nutrient Reduction; Oysters; Sea Turtles; and Birds
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Published
February 25, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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 Texas Trustee Implementation Group (Texas TIG) prepared the Draft Restoration Plan/Environmental Assessment #2: Restoration of Wetlands, Coastal, and Nearshore Habitats; Nutrient Reduction; Oysters; Sea Turtles; and Birds (Draft RP/EA #2). The Draft RP/EA #2 describes and proposes restoration project alternatives considered by the Texas TIG to restore natural resources and ecological services injured or lost as a result of the Deepwater Horizon oil spill. The Texas TIG evaluated these 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 the NEPA. The proposed projects are consistent with the restoration alternatives selected in the Deepwater Horizon Oil Spill: Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (PDARP/PEIS). This notice informs the public of the availability of the Draft RP/EA #2 and provides an opportunity for the public to submit comments on the document.
Full Text
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<title>Federal Register, Volume 87 Issue 38 (Friday, February 25, 2022)</title>
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[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Notices]
[Pages 10787-10789]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03885]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9337-01-OW]
Notice of Availability of the Deepwater Horizon Oil Spill Texas
Trustee Implementation Group Draft Restoration Plan/Environmental
Assessment #2: Restoration of Wetlands, Coastal, and Nearshore
Habitats; Nutrient Reduction; Oysters; Sea Turtles; and Birds
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 Texas Trustee Implementation Group
(Texas TIG) prepared the Draft Restoration Plan/Environmental
Assessment #2: Restoration of Wetlands, Coastal, and Nearshore
Habitats; Nutrient Reduction; Oysters; Sea Turtles; and Birds (Draft
RP/EA #2). The Draft RP/EA #2 describes and proposes restoration
project alternatives considered by the Texas TIG to restore natural
resources and ecological services injured or lost as a result of the
Deepwater Horizon oil spill. The Texas TIG evaluated these 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 the NEPA. The proposed
projects are consistent with the restoration alternatives selected in
the Deepwater Horizon Oil Spill: Final Programmatic Damage Assessment
and Restoration Plan and Final Programmatic Environmental Impact
Statement (PDARP/PEIS). This notice informs the public of the
availability of the Draft RP/EA #2 and provides an opportunity for the
public to submit comments on the document.
DATES: The Texas TIG will consider public comments received on or
before March 28, 2022.
Public Webinar: The Texas TIG will conduct a public webinar on
March 9, 2022, at 6 p.m. Central Standard Time to facilitate public
review and comment on the Draft RP/EA #2. The public webinar will
include a presentation on the Draft RP/EA #2. Public comments will be
taken during the public webinar. The public may register for the
webinar at <a href="https://attendee.gotowebinar.com/register/2667653123715836432">https://attendee.gotowebinar.com/register/2667653123715836432</a>. After registering, participants will receive a
confirmation email with instructions for joining the webinar. The
presentation will be posted on the web after the webinar is conducted.
ADDRESSES:
Obtaining Documents: You may download the Draft RP/EA #2 at <a href="https://www.gulfspillrestoration.noaa.gov/restoration-areas/texas">https://www.gulfspillrestoration.noaa.gov/restoration-areas/texas</a>.
Alternatively, you may request a compact disc (CD) of the Draft RP/EA
#2 (see FOR FURTHER INFORMATION CONTACT). You may also view the
document at any of the public facilities listed at <a href="https://www.gulfspillrestoration.noaa.gov/restoration-areas/texas">https://www.gulfspillrestoration.noaa.gov/restoration-areas/texas</a>.
Submitting Comments: You may submit comments on the Draft RP/EA #2
by one of the following methods:
<bullet> Via the Web: <a href="https://parkplanning.nps.gov/TXRP2">https://parkplanning.nps.gov/TXRP2</a>.
<bullet> Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box
29649, Atlanta, GA 30345.
<bullet> During the Public Webinar: Comments may be provided by the
public during the webinar on March 9, 2022.
Once submitted, comments cannot be edited or withdrawn. The Texas
TIG may publish any comment received regarding 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 Texas TIG will generally not consider comments or
comment contents located outside of the written submission (i.e., on
the web, cloud, or other file sharing system). Please be aware that
your entire
[[Page 10788]]
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 March 28, 2022.
FOR FURTHER INFORMATION CONTACT:
<bullet> Texas--Angela Schrift; <a href="/cdn-cgi/l/email-protection#70311e17151c115e2313180219160430040007145e04150811035e171f06"><span class="__cf_email__" data-cfemail="6a2b040d0f060b4439090218030c1e2a1e1a1d0e441e0f120b19440d051c">[email protected]</span></a>; 512-
389-8755.
<bullet> EPA--Douglas Jacobson; <a href="/cdn-cgi/l/email-protection#e1ab80828e83928e8fcfa58e9486a1849180cf868e97"><span class="__cf_email__" data-cfemail="f7bd96949895849899d9b3988290b7928796d9909881">[email protected]</span></a>; 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 the release of 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 offshore 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 OPA. Under the 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. The 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:
<bullet> U.S. Environmental Protection Agency (EPA);
<bullet> 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;
<bullet> National Oceanic and Atmospheric Administration (NOAA), on
behalf of the U.S. Department of Commerce;
<bullet> U.S. Department of Agriculture (USDA);
<bullet> State of Louisiana Coastal Protection and Restoration
Authority, Oil Spill Coordinator's Office, Department of Environmental
Quality, Department of Wildlife and Fisheries, and Department of
Natural Resources;
<bullet> State of Mississippi Department of Environmental Quality;
<bullet> State of Alabama Department of Conservation and Natural
Resources and Geological Survey of Alabama;
<bullet> State of Florida Department of Environmental Protection
and Fish and Wildlife Conservation Commission; and
<bullet> State of Texas Parks and Wildlife Department (TPWD),
General Land Office (TGLO), and Commission on Environmental Quality
(TCEQ).
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 Texas Restoration Area are chosen and managed by the Texas TIG. The
Texas TIG is composed of the following Trustees: TPWD, TGLO, TCEQ, EPA,
DOI, NOAA, USDA.
Background
In an October 2020 notice posted at <a href="https://www.gulfspillrestoration.noaa.gov/2020/10/submit-your-ideas-texas-restoration-area-planning">https://www.gulfspillrestoration.noaa.gov/2020/10/submit-your-ideas-texas-restoration-area-planning</a>, the Texas TIG requested public input on
restoration project ideas in the Texas Restoration Area within the
following restoration types: Wetlands, Coastal, and Nearshore Habitats,
Nutrient Reduction, Oysters, Sea Turtles, and Birds. The Texas TIG
reviewed and considered these restoration project ideas in developing
the Draft RP/EA #2.
Overview of the Draft RP/EA
The Draft RP/EA #2 is being released in accordance with the OPA,
NRDA implementing regulations, and the NEPA. In the Draft RP/EA #2, the
Texas TIG presents to the public the Texas TIG's most recent plan to
restore natural resources and ecological services injured or lost as a
result of the Deepwater Horizon oil spill. The Draft RP/EA #2 evaluates
a total of eighteen restoration project alternatives within the Texas
Restoration Area. Of those, thirteen are identified as preferred
alternatives. The Draft RP/EA #2 also evaluates a no-action
alternative. The Draft RP/EA #2 proposes the following preferred
project alternatives for each restoration type:
Wetlands, Coastal, and Nearshore Habitats
<bullet> Bird Island Cove Habitat Restoration--Construction;
<bullet> Bahia Grande Channel F Hydrologic Restoration;
<bullet> Follets Island Habitat Acquisition Phase 2; and
<bullet> Galveston Island Habitat Acquisition.
Nutrient Reduction
<bullet> Petronila Creek Constructed Wetlands Planning; and
<bullet> Petronila Creek Watershed Nutrient Reduction Initiative.
Oysters
<bullet> Landscape Scale Oyster Restoration in Galveston Bay.
Sea Turtles
<bullet> Upper Texas Coast Sea Turtle Rehabilitation Facility; and
<bullet> Lancha Sea Turtle Mitigation Plan.
Birds
<bullet> Laguna Vista Rookery Island Habitat Protection;
<bullet> Jones Bay Oystercatcher Habitat Restoration;
<bullet> San Antonio Bay Bird Island; and
<bullet> Texas Breeding Shorebird and Seabird Stewardship.
The total estimated cost of the preferred alternatives is
approximately $39 million. One or more alternatives may be selected for
implementation by the Texas TIG. Additional restoration planning for
the Texas Restoration Area will continue.
Next Steps
The public is encouraged to review and comment on the Draft RP/EA
#2. A public webinar is scheduled to help facilitate the public review
and comment process. After the public comment period ends, the Texas
TIG will consider the comments received before finalizing the Final RP/
EA #2. A summary of comments received and the Texas 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 #2 can be viewed electronically at <a href="https://www.doi.gov/deepwaterhorizon/adminrecord">https://www.doi.gov/deepwaterhorizon/adminrecord</a>.
Authority
The authority for this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), its implementing NRDA
[[Page 10789]]
regulations found at 15 CFR part 990, and the NEPA (42 U.S.C. 4321 et
seq.).
Benita Best-Wong,
Deputy Assistant Administrator, Office of Water.
[FR Doc. 2022-03885 Filed 2-24-22; 8:45 am]
BILLING CODE 6560-50-P
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