[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Notices]
[Pages 224-226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32035]
[[Page Unknown]]
[Federal Register: January 3, 1994]
_______________________________________________________________________
Part V
Environmental Protection Agency
_______________________________________________________________________
Sole Source Aquifer Designation; Pierce County, WA; Notice
ENVIRONMENTAL PROTECTION AGENCY
[FRL-4821-4]
Sole Source Aquifer Designation of the Central Pierce County
Aquifer System, Pierce County, WA
AGENCY: Environmental Protection Agency.
ACTION: Final determination.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 1424(e) of the Safe Drinking Water Act,
the Region 10 Administrator of the U.S. Environmental Protection Agency
(EPA) has determined that the Central Pierce County Aquifer System is
the principal source of drinking water for the designated area, and
that the aquifer system, if contaminated, would create a significant
hazard to public health. As a result of this determination, all federal
financially-assisted projects proposed in the designated area will be
subject to EPA review to ensure that they do not create a significant
hazard to public health.
EFFECTIVE DATE: This determination shall be promulgated for purposes of
judicial review at 1 Eastern time on January 18, 1994.
ADDRESSES: The information upon which this determination is based is
available to the public and may be inspected during normal business
hours at the main and satellite branches of the Pierce County Library
System, and at the EPA Library, 10th Floor, Park Place Building, 1200
Sixth Avenue, Seattle, Washington 98101.
FOR FURTHER INFORMATION CONTACT: Scott E. Downey, Environmental
Protection Specialist, Ground Water Section, WD-133, U.S. Environmental
Protection Agency, Region 10, 1200 Sixth Avenue, Seattle, Washington
98101, 206-553-0682.
SUPPLEMENTARY INFORMATION: Notice is hereby given that pursuant to
Section 1424(e) of the Safe Drinking Water Act (42 United States Code,
300f, 300h-3(e), Pub. L. 93-523), the Region 10 Administrator of U.S.
Environmental Protection Agency has determined that the Central Pierce
County Aquifer System is the principal source of drinking water for the
designated area, and that the aquifer system, if contaminated, would
create a significant hazard to public health. As a result of this
determination, federal financially-assisted projects proposed in the
designated area will be subject to EPA review to ensure that they do
not create a significant hazard to public health.
The information upon which EPA is issuing this final determination
has been summarized in the ``Support Document for Sole Source Aquifer
Designation of the Central Pierce County Aquifer System'', EPA 910/R-
93-001, prepared by the EPA Region 10 Ground Water Section.
I. Background
Section 1424(e) of the Safe Drinking Water Act states:
If the Administrator determines, on his own initiative or upon
petition, that an area has an aquifer which is the sole or principal
drinking water source for the area and which, if contaminated, would
create a significant hazard to public health, he shall publish
notice of that determination in the Federal Register. After the
publication of any such notice, no commitment for federal financial
assistance (through a grant, contract, loan guarantee, or otherwise)
may be entered into for any project which the Administrator
determines may contaminate such aquifer through a recharge zone so
as to create a significant hazard to public health, but a commitment
for federal assistance may, if authorized under another provision of
law, be entered into to plan or design the project to assure that it
will not so contaminate the aquifer.
EPA defines a sole or principal source aquifer as one which
supplies at least 50 percent of the drinking water in the area
overlying the aquifer. Current EPA guidelines also stipulate that these
areas can have no alternative drinking water source(s) which could
physically, legally, and economically supply all those who depend upon
the aquifer for drinking water. For convenience, all EPA designated
sole or principal source aquifers are usually referred to simply as
``sole source aquifers''. Although EPA has the statutory authority to
initiate sole source aquifer designations, the Agency has a
longstanding policy of acting only in response to petitions. These
petitions may be submitted to EPA by any individual or organization and
must document and meet all designation criteria as outlined in the
``Sole Source Aquifer Designation Petitioner Guidance'', EPA 440/6-87-
003.
On June 23, 1987, EPA Region 10 received a sole source aquifer
petition from the Tacoma-Pierce County Health Department (TPCHD). The
petition requested EPA designation of the ``Clover/Chambers Creek
Aquifer'', an area of approximately 144 square miles of central Pierce
County in the State of Washington. On July 29, 1987, EPA requested
additional information from the TPCHD. A revised petition was submitted
on February 1, 1988. On February 24, 1988, EPA sent the TPCHD a letter
which acknowledged that the petition was considered complete, and that
the technical review phase would begin.
EPA guidance allows sole source aquifer designations to be
delineated for an entire aquifer, an aquifer system, or part of an
aquifer that is hydrogeologically separated from the rest of the
aquifer. The EPA Region 10 technical review determined that the
petitioned Clover/Chamber Creek area was not an entire aquifer or a
hydrogeologically separate unit of an aquifer but was located within a
larger aquifer system. Thus, the boundaries were extended to those now
designated. On July 25, 1988, the TPCHD provided EPA with drinking
water consumption estimates for the larger area.
II. Basis for Determination
Pursuant to section 1424(e), the EPA Regional Administrator has
determined that the Central Pierce County Aquifer System is the
principal drinking water source for the area, and which, if
contaminated, would create a significant hazard to public health. Based
on the information available to this Agency, the Regional Administrator
has made the following findings which are the bases for the
determination noted above:
1. The Central Pierce County Aquifer System supplies approximately
60 percent of the average drinking water demand for the area, and
approximately 84 percent of the peak drinking water demand for the
area.
2. No alternative source or combination of sources can physically,
legally, and economically supply all those who depend upon the aquifer
system for drinking water.
3. Based upon these two findings, contamination of the Central
Pierce County Aquifer System would create a significant hazard to
public health.
III. Description of the Central Pierce County Aquifer System
Note: Some information in this section represents an unfootnoted
summary from the ``Support Document for Sole Source Aquifer
Designation of the Central Pierce County Aquifer System'', EPA 910/
R-93-001, prepared by the EPA Region 10 Ground Water Section.
The EPA technical review determined that the Central Pierce County
Aquifer System consists primarily of unconsolidated sediments deposited
by glaciers and associated meltwater during the Quaternary Period.
Ground water originates almost entirely as precipitation upon the land
surface. Recharge to the aquifer system is greatest where the
precipitation falls on permeable glacial outwash sediments such as sand
or gravel. The ground water moves regionally toward the Puget Sound and
river valleys that constitute the aquifer system boundaries. Locally,
the direction and gradient of ground water movement can vary
dramatically from the overall regional trend.
Depth to ground water varies from zero to hundreds of feet. The
greatest depth to ground water occurs in recharge areas where the
unsaturated zone is composed of highly permeable glacial outwash
materials. Ground water occurs at or near the land surface in discharge
areas and where materials with low permeability, such as glacial till
(an unsorted assemblage of clay, silt, sand, pebbles, cobbles, and/or
boulders), restricts recharge during the wet season. Seasonal
variations in water table elevations of 20 to 30 feet have been
observed in some parts of the aquifer system.
Deep wells drilled within the area penetrate multiple productive
aquifers of permeable glacial outwash separated by relatively
impermeable aquitards of glacial till or non-glacial sediments. The
degree of hydrologic connection between individual aquifer units can
vary greatly. Ground water discharge occurs to surface water bodies and
wetlands within the area (which can also recharge the ground water
system), and to surface water bodies which bound the area. Ground water
from the aquifer system is naturally low in dissolved solids and can be
used for drinking, irrigation, and most industrial purposes without
treatment.
The natural sensitivity of the aquifer system to contamination is
influenced by the permeability of geologic materials that overlie and
occur within the aquifer system, the amount of recharge from
precipitation, and the depth to ground water. The potential for
contamination is greatest where sediments are permeable, recharge is
high, and ground water is shallow.
The relative vulnerability of ground water to contamination also
increases from various human activities which provide the opportunity
for anthropogenic sources of contamination to enter the system.
Subsurface disposal of waste and wastewater is the chief threat to
ground water quality over much of the aquifer system. The Tacoma-Pierce
County Health Department has identified individual and community septic
systems, the subsurface disposal of urban stormwater, and solid waste
landfills as principal concerns. Although concentrations of nonpoint
contaminants (such as nitrate and chloride) are still generally below
drinking water standards, they have increased significantly over time
throughout parts of the aquifer system. Man-induced contamination which
has exceeded drinking water standards has been documented is some
industrial and commercial areas. Several of these areas have been
selected for clean-up under the federal Superfund program.
The sole source aquifer boundaries selected by EPA are primarily
surface water boundaries located in lowland areas that have eroded
downward through aquifer system glacial materials and which receive
discharging ground water from the aquifer system. The Puget Sound forms
the western boundary of the aquifer system. The Puyallup River forms
the northern boundary and also the eastern boundary as far south as the
Town of Electron (just northeast of Lake Kapowsin). South of Electron,
the eastern boundary follows the ancestral Puyallup River Valley which
is now occupied by Lake Kapowsin, Ohop Lake, and Ohop Creek. The
Nisqually River forms the southern boundary of the aquifer system from
its intersection with Ohop Creek downstream to the Puget Sound.
The petitioner estimates that about 400,000 people live within the
aquifer system boundaries or in nearby areas which at least partly
utilize ground water from the system. Ground water generally supplies
about 60 percent of the drinking water used within the designated area.
During peak demands, ground water supplies approximately 84 percent of
the drinking water consumed within the area. The petitioner and EPA
have determined that although alternative sources of drinking water are
physically available, they cannot legally and economically serve all
those who now depend upon the aquifer system.
IV. Project Reviews
Designation of a sole source aquifer authorizes EPA to review, at
the Agency's discretion, federal financially-assisted projects proposed
within the designated area. The principal mechanism used by EPA Region
10 to identify projects for review are Memorandums of Understanding
(MOUs) with federal funding agencies. These MOUs stipulate procedures
for screening and referring projects to EPA in order to ensure that
only projects which may have a significant impact to ground water
quality are reviewed. Should the EPA Administrator determine that a
project may contaminate an aquifer through its recharge zone so as to
create a significant hazard to public health, no commitment for federal
financial assistance may be entered into.
EPA also learns of and coordinates the review of proposed projects
with other offices within EPA and with various federal, state, local,
and tribal agencies that have a responsibility for ground water quality
protection. Information obtained from such sources is given full
consideration in the sole source aquifer review process. Through such
coordination, EPA project reviews can complement, support, and
strengthen existing ground water protection mechanisms.
V. Public Comments
In order to obtain public comment on the proposed designation, EPA
issued a public notice that was published in the Morning News Tribune
on April 22, 1993. The notice was also distributed by mail to various
federal, state, tribal, and local officials. The notice stated that (1)
EPA was proposing to designate the Central Pierce County Aquifer System
as a sole source aquifer based on the petition from the TPCHD and the
EPA review; (2) a public hearing would be held if sufficient interest
were expressed to EPA by May 25, 1993; (3) a public comment period
would remain open until June 15, 1993; and (4) a document that
summarized the bases for the proposal was available for review. EPA
also issued a press release with similar information on April 23, 1993.
EPA did not receive any requests to hold a public hearing before
the period expired and the hearing was cancelled. Three written
comments were received by EPA prior to the June 15, 1993 deadline. A
letter from the Ground Water Quality Unit Supervisor, Washington
Department of Ecology, expressed support for the designation. A letter
from the Pacific Northwest Regional Director, U.S. Department of the
Interior, Bureau of Reclamation, documented the Bureaus's review of the
support document but offered no additional comment.
A letter received on June 11, 1993 from the Chair of the Tacoma-
Pierce County Board of Health offered support for the designation, but
also requested a 30 day extension of the public comment period and EPA
participation in an informal public meeting to hear concerns from
interested parties about the impacts of the designation on the
community. In response to this request, EPA issued a second public
notice on June 18, 1993 that extended the public comment period until
July 19, 1993.
Two additional letters were received during the second public
comment period. Another member of the Ground Water Quality Unit,
Washington Department of Ecology, offered support for the designation
but requested additional information on the hydrogeologic analyses
which led to the revision of the petitioned boundary. This information
was provided to the Unit Supervisor by a Region 10 Ground Water Section
hydrogeologist. A letter from the Water Division Superintendent, Tacoma
Public Utilities, stated support for the designation citing the
increase in public awareness on the importance and vulnerability of
ground water resources.
In response to the Tacoma-Pierce County Board of Health letter of
June 11, 1993, EPA participated in an informal public meeting in Tacoma
on July 14, 1993. At the meeting, an EPA representative presented an
overview of the sole source aquifer program and outlined the Agency's
technical review process and basis for selecting the boundaries. Some
participants raised questions regarding EPA's determination of aquifer
system boundaries. In response, the boundaries selected by EPA are
primarily surface water boundaries which act as regionally important
ground water discharge areas for aquifer system materials. A detailed
description of aquifer system boundaries and the reasons for their
selection can be found in the ``Support Document for Sole Source
Aquifer Designation of the Central Pierce County Aquifer System'', EPA
910/R-93-001.
A number of persons at the meeting expressed economic concerns
about the designation, some contending that EPA's review authority
could hinder economic development by blocking or delaying proposed
projects. In response, sole source aquifer designations are not based
on economic criteria other than the potential cost of alternative
drinking water supplies needed to replace the petitioned aquifer should
it become contaminated, i.e, economic impacts from post-designation
project reviews are not relevant in the Agency's designation decision.
Regardless, based on past experience, EPA considers fears about
dire economic impacts from sole source aquifer project reviews to be
largely unfounded. Under the sole source aquifer program, EPA has the
authority to review only federal financially-assisted projects proposed
over a designated aquifer area. Of these, only those projects with the
potential to create a significant hazard to public health have
typically been referred to EPA for review. The majority of these
reviews have resulted in an approval of funding without any project
modification. When EPA has required changes, project proponents seeking
federal financial assistance have usually been willing and able to
modify projects in order to protect ground water quality. To date,
since Region 10's first sole source aquifer designation in 1978, only
one project proponent has been either unwilling or unable to modify the
project design in order to receive EPA approval of federal funding.
EPA acknowledges that ground water quality protection measures may
increase costs to a project or cause delays if modifications are
required. Increased project costs or significant delays due to EPA
reviews are not common because most projects are already designed in
accordance with existing standards established by federal, state, or
local entities, and such standards are often adequate. Involving EPA
early on in the planning and design phases of a project greatly
facilitates a more timely and efficient review, and increases the
likelihood of EPA approval without modification. Where EPA requires
project modifications, the Agency believes that such measures represent
an investment that will pay for itself many times over. The high cost
of replacing contaminated drinking water supplies or cleaning up
polluted ground water (when possible) underscores the wisdom of taking
steps to prevent or reduce the possibility of contamination from
occurring in the first place.
VI. Summary
Today's action affects only the Central Pierce County Aquifer
System located in the State of Washington. This action provides a
review process that allows ground water quality protection measures to
be incorporated into federal financially-assisted projects.
Gerald A. Emison,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region 10.
[FR Doc. 93-32035 Filed 12-30-93; 8:45 am]
BILLING CODE 6560-50-P