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Notice of Intent To Conduct Restoration Planning
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 28, 2006 (Volume 71, Number 145)]
[Notices]
[Page 42812-42814]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy06-34]
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DEPARTMENT OF COMMERCE
Notice of Intent To Conduct Restoration Planning
AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce.
SUMMARY: The natural resource trustees (the Trustees) hereby notify the
public of their intent to conduct restoration planning activities for
injuries to natural resources caused by the Bouchard B-120 Oil Spill
that occurred on or about April 27, 2003. On that date, the Bouchard B-
120, owned and operated by the Bouchard Transportation Company,
grounded on a shoal in Buzzards Bay, which is located off the coasts of
Massachusetts and Rhode Island, and released between 22,000 and 98,000
gallons of No. 6 fuel oil into the environment. The Trustees include the:
[[Page 42813]]
National Oceanic and Atmospheric Administration, U.S. Department of
Commerce; U.S. Fish and Wildlife Service, U.S. Department of the
Interior; Executive Office of Environmental Affairs, Commonwealth of
Massachusetts; State of Rhode Island and Providence Plantations,
Department of Environmental Management.
The purpose of restoration planning is to evaluate potential
injuries to natural resources and services resulting from the spill and
utilize that information to determine the need for, and scale of,
restoration actions.
The public is invited to participate in the restoration planning
process by reviewing and commenting on documents contained in the
Administrative Record, attending public meetings as scheduled, and
reviewing and commenting on the Draft and Final Restoration Plans when
such documents have been completed.
FOR FURTHER INFORMATION CONTACT: For further information regarding this
document, documents contained in the Administrative Record, or the
restoration planning process, contact: Frank Csulak, Injury Assessment
Coordinator, National Oceanic and Atmospheric Administration, Office of
Response and Restoration, HAZMAT Division, 74 Magruder Road Highlands,
NJ 07732, 732-872-3005, Frank.Csulak@NOAA.gov.
SUPPLEMENTARY INFORMATION: Oil Spill Incident: On the afternoon of
April 27, 2003, the Bouchard B-120, owned and operated by the Bouchard
Transportation Company, Inc. (Bouchard), grounded on a shoal soon after
entering the western approach to Buzzards Bay from the south. The
tugboat Evening Tide was towing the barge that was laden with No. 6
fuel oil from Philadelphia to the Mirant Power Generating Facility in
Sandwich, Massachusetts. Bouchard notified the United States Coast
Guard (USCG) of a release of oil at approximately 5:30 p.m. and
anchored in Buzzards Bay per order of the USCG. That evening, divers
discovered a 12 foot by 2 foot hole in the No. 2 starboard holding tank
of the barge. After the remaining cargo and oily water was transferred
to Bouchard B-10 and both barges proceeded to the Mirant facility.
Between 22,000 and 98,000 gallons of the No. 6 fuel oil cargo was
released into Buzzards Bay on April 27, 2003. The actual amount of the
release is unknown, but has been estimated by various investigators who
have taken into account such factors as the time of impact, water
mixing, temperature, wind, current conditions, etc. In the days
following the release, the oil was driven ashore by winds and currents.
Under the direction of the Unified Command, Bouchard and the response
agencies undertook various on-water recovery efforts. Once oil came
ashore, the responsible party, response agencies, and others
implemented shoreline clean-up activities and emergency restoration
efforts. Ultimately, oil impacted approximately 100 miles of shoreline
in Massachusetts and Rhode Island to varying degrees. Immediately
following the spill, the Massachusetts Division of Marine Fisheries
closed approximately 177,000 acres of state shellfish beds and the
closures remained in effect for varying amounts of time. Coordinated
wildlife collection and reconnaissance efforts, the primary purpose of
which was to collect live and dead oiled birds, began on April 30, 2003
and continued daily through May 16, 2003. In the weeks following the
spill, a total of 499 birds were collected (all 499 collected birds
were not necessarily spill related), including 184 live oiled birds. Of
the 184 live oiled birds, 20 were rehabilitated and returned to the wild.
Since the spill, the Trustees have initiated a number of pre-
assessment data collection activities and studies. Findings demonstrate
or suggest that the spill impacted the following categories of natural
resources: (1) Birds and wildlife; (2) recreational use; (3)
shorelines; and (4) aquatic resources.
The Trustees (cited above) are designated pursuant to the National
Contingency Plan, 40 CFR 300.600 and 300.605.
The Responsible Party (RP) for this incident is Bouchard
Transportation Company, Inc. (Bouchard), the owner and operator of the
Bouchard B-120 barge. To date, the RP has cooperated with the Trustees
in the performance and funding of response, cleanup and pre-assessment
data collection activities. The RP has committed to participate in a
cooperative natural resource damage assessment.
Administrative Record: The Trustees have established an
Administrative Record (AR) in compliance with 15 CFR 990.45. The AR
will include documents relied upon by the Trustees during the
assessment and restoration planning activities for this incident. To
date, the AR contains:
(1) A copy of this notice;
(2) A letter from the Trustees to Bouchard inviting the company to
participate in a cooperative natural resource damage assessment;
(3) A letter from Bouchard to the Trustees accepting the invitation
to participate in a cooperative natural resource damage assessment; and
(4) The ``Pre-Assessment Screen Data Report: Bouchard Barge No.120
Oil Spill in Buzzards Bay, Massachusetts, dated June 2005''.
The AR is on file at the NOAA Damage Assessment Center in Silver
Spring, MD and may be viewed electronically by accessing the following
Web site address: http://www.darrp.noaa.gov/northeast/buzzard/index.html
.
Additionally, duplicate copies will be maintained for public review
at the following locations:
Jonathan Bourne Library, 19 Sandwich Road, Bourne, MA 02532, for
assistance please contact Diane Ranney, Assistant Library Director at
508-759-0644; and New Bedford Public Library, 613 Pleasant Street, New
Bedford, MA 2740-6203, for assistance please contact Teresa Coish,
Library Director at 508-991-6279.
Trustees' Determination of Jurisdiction
Following notice of the spill, the Trustees initiated pre-
assessment data collection activities, as described in the ``Pre-
Assessment Screen Data Report: Bouchard Barge No. 120 Oil Spill in
Buzzards Bay, Massachusetts, dated June 2005''. The following
determinations were made as required by 15 CFR 990.41:
(1) The spill of between 22,000 and 98,000 gallons of No. 6 fuel
oil from the Bouchard B-120 into Buzzards Bay that occurred on April
27, 2003 was an incident as defined at 15 CFR 990.30.
(2) The incident was not permitted under Federal, state, or local
law; it did not occur from a public vessel; and it did not occur from
an offshore facility subject to the Trans-Alaska Pipeline Authority
Act, 43 U.S.C. 1651, et seq.
(3) The Trustees have reviewed information gathered during the
response and pre-assessment phases of this incident and determined that
natural resources under the trusteeship of NOAA, DOI, MA EOEA and RIDEM
have been injured as a result of the incident. The discharged oil
contained components that are toxic at certain exposure levels to
aquatic organisms, birds, wildlife, and vegetation. In addition, the
physical characteristics of the oil adversely impacted certain natural
resources. The Trustees observed birds, shoreline and aquatic organisms
that were exposed to oil from the discharge. Significant portions of
shellfish beds in the Commonwealth of Massachusetts were closed
immediately following the spill and remained closed for varying amounts
of time. Some shoreline recreational areas in
[[Page 42814]]
Massachusetts and Rhode Island were also closed to public access
following the spill. Additional recreational resources were degraded
and/or displaced following the incident.
Based upon the above findings, the Trustees have determined that
they have jurisdiction to pursue restoration planning activities
pursuant to the Oil Pollution Act of 1990, 33 U.S.C. 2702 and 2706(b)-(c).
Trustees' Determination to Conduct Restoration Activities: For the
reasons discussed below, the Trustees have made the determination
required by 15 CFR 990.42(a) and are proceeding with restoration
planning to develop restoration alternatives that will restore,
replace, rehabilitate, or acquire the equivalent of, the natural resources
and/or natural resource services lost as a result of this incident.
(1) Injuries have resulted from the incident. The Trustees base
this determination upon data collected and analyzed pursuant to 15 CFR
990.43 demonstrating that injuries are likely to have resulted from the
incident, and include but are not limited to, the following natural
resource categories: Birds and Wildlife; Shoreline; Recreational Use;
and, Aquatic.
(2) Response actions have not adequately addressed the injuries
resulting from the incident. Although response actions and innovative
emergency restoration actions were initiated promptly, the nature of
the discharge, weather and tide conditions, and the sensitivity of the
environment precluded the prevention of injuries to some natural
resources. It is anticipated that injured natural resources will
eventually return to baseline levels, but there is a potential for
significant interim losses to have occurred and to continue to occur,
until return to baseline is achieved.
(3) Feasible primary and compensatory restoration alternatives
exist to address injuries from this incident. Components of the
restoration plan may include, but are not limited to, projects
involving land acquisition, shoreline stabilization, wetland/marsh
enhancement, predator control activities, protection or enhancement of
bird nesting areas, and recreational area enhancements.
Public Involvement: Pursuant to 15 CFR 990.44, the Trustees will
seek public involvement in restoration planning by establishing public
review and comment opportunities.
Dated: July 21, 2006.
Ken Barton,
Acting Director, Office of Response and Restoration, National Ocean
Service, National Oceanic and Atmospheric Administration.
[FR Doc. E6-12117 Filed 7-27-06; 8:45 am]
BILLING CODE 3510-JE-P