[Federal Register Volume 59, Number 85 (Wednesday, May 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10551]


[[Page Unknown]]

[Federal Register: May 4, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-4880-7]

 

Molokai Aquifer, Maui County, HI: Sole Source Aquifer 
Determination

AGENCY: U.S. Environmental Protection Agency.

ACTION: Final determination.

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SUMMARY: Pursuant to section 1424(e) of the Safe Drinking Water Act, 
the Regional Administrator of the U.S. Environmental Protection Agency 
has determined that the aquifer underlying Molokai, Hawaii is the sole 
or principal source of drinking water for the island. The Regional 
Administrator has determined that contamination of this aquifer would 
create a significant hazard to public health. As a result of this 
determination, Federally financially assisted projects constructed 
anywhere in the designated area will be subject to EPA review to ensure 
that they do not contaminate the aquifer through a recharge zone so as 
to create a significant hazard to public health.

ADDRESSES: The data upon which this determination has been made are 
available to the public and may be inspected during normal business 
hours at the EPA, Region 9, Water Management Division, 75 Hawthorne 
Street, San Francisco, CA, 94105.

FOR FURTHER INFORMATION CONTACT: Sunny Kuegle, Groundwater Pollution 
Control Section, (W-6-2), (415) 744-1830.

Supplementary Information:

1. 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 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 
financial 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.

In 1987, EPA delegated authority to designate Sole Source Aquifers to 
EPA Regional Administrators.
    On April 23, 1993, Sarah Sykes submitted a petition for Sole Source 
Aquifer Designation to EPA Region 9. After Sarah Sykes submitted 
additional information pursuant to EPA's request, EPA determined the 
petition to be complete on September 29, 1993. EPA conducted a public 
hearing on Molokai, Hawaii on January 6, 1994. The public comment 
period on the petition closed on January 21, 1994.

II. Basis for Determination

    The factors to be considered by the Regional Administrator in the 
designation of an area under section 1424(e) of the Safe Drinking Water 
Act are: (1) Whether the aquifer is the area's sole or principal source 
of drinking water and; (2) whether contamination of the aquifer would 
create a significant hazard to public health.
    On the basis of the information available to EPA, the Regional 
Administrator has made the following findings which are the basis for 
the determination:
    1. The aquifer underlying Molokai currently serves as the sole or 
principal source of drinking water for the residents of the island.
    2. Contamination of the aquifer would create a significant hazard 
to public health. There is no economically feasible alternative 
drinking water source or combination of sources near the designated 
area. Potential sources of contamination include: cesspools, landfills, 
and highway accidents.
    3. The determination of the boundary of the Sole Source Aquifer is 
consistent with EPA's Sole Source Aquifer designation Decision Process: 
Petition Review Guidance (Office of Groundwater Protection, 1987).

III. Description of the Molokai Sole Source Aquifer

    The Molokai Sole Source Aquifer underlies the entire island of 
Molokai, Maui County, Hawaii. The aquifer is largely constituted by 
igneous rocks formed by numerous lava flows. Fresh to brackish 
groundwater flows within the igneous rocks in a lens-shaped 
configuration under Molokai. Lateral groundwater flow is locally 
impounded by near vertical dikes. These dikes form relatively 
impermeable compartments of groundwater at elevations above the island-
wide lens. Yields from wells on Molokai range from 0.5 to 1.8 million 
gallons per day.

IV. Information Used in the Determination

    The information used in the determination includes the petition and 
the amended petition as submitted by Sarah Sykes. In addition, the 
determination is based on EPA's ``Technical Support Document.'' The 
Technical Support Document is based on reviews of hydrogeologic studies 
conducted on Molokai. These documents are available to the public and 
may be inspected during business hours at the EPA, Water Management 
Division, 75 Hawthorne Street, San Francisco, California.

V. Project Review

    EPA region 9 will seek to work with the Federal agencies that may 
in the future provide financial assistance to projects within the 
boundaries of the Molokai Sole Source Aquifer. EPA will seek to develop 
agreements with other Federal agencies whereby EPA will be notified of 
proposed commitments of Federal financial assistance for projects which 
could contaminate the aquifer. In the event that a Federal financially 
assisted project could contaminate the Molokai Sole Source Aquifer 
through its recharge zone so as to create a hazard to public health, no 
commitment of Federal financial assistance will be made. However, a 
commitment for Federal financial assistance may, if authorized under 
another provision of law, be entered into to plan or design the project 
to insure it will not contaminate the aquifer.
    Although the project review process cannot be delegated, EPA will 
consider, to the maximum extent possible, any existing or future state, 
tribal, and local control mechanisms in protecting the groundwater 
quality of the aquifer.

VI. Summary of Public Comments

    EPA received six letters during the comment period. Sixteen people 
spoke at the public hearing at Kaunakakai, Molokai, Hawaii on January 
6, 1994. Of those who expressed an opinion, six supported the 
designation of a Sole Source Aquifer for Molokai, whereas one opposed a 
designation. The public's written and oral comments are fully addressed 
in EPA's Responsiveness Summary which is available to the public during 
normal business hours at EPA, Water Management Division, 75 Hawthorne 
Street, San Francisco, California.

VII. Economic and Regulatory Impact

    Pursuant to the provisions of the Regulatory Flexibility Act (RFA), 
5 U.S.C. 605(b), I hereby certify that the attached rule will not have 
a significant impact on a substantial number of small entities. For 
purposes of this certification, the term ``small entity'' shall have 
the same meaning as given in Section 601 of the RFA. This action is 
only applicable to the area within the boundaries of the Molokai Sole 
Source Aquifer. The only affected entities will be those businesses, 
organizations, or governmental jurisdictions that request Federal 
financial assistance for projects which have the potential for 
contaminating the aquifer so as to create a significant hazard to 
public health. EPA does not expect to be reviewing small, isolated 
commitments of financial assistance on an individual basis; 
accordingly, the number of affected small entities will be minimal.
    For those small entities which may be subject to review, the impact 
of this action will not be significant. For most projects subject to 
this review, a ground water impact assessment will be required pursuant 
to other federal laws, such as the National Environmental Policy Act, 
as amended (NEPA), 42 U.S.C. 4321, et seq. Integration of those related 
reviews with Sole Source Aquifer review will allow EPA and other 
federal agencies to avoid delay or duplication of effort in approving 
financial assistance, thus minimizing any adverse effect on those small 
entities which are affected. Finally, today's action does not prevent 
grants of Federal financial assistance which may be available to any 
affected small entity in order to pay for the redesign of the project 
to assure protection of the aquifer.
    Under Executive Order 12866, EPA must judge whether a regulation is 
``significant'' and therefore subject to the requirement of a 
Regulatory Impact Analysis. This regulation is not significant because 
it will not have an annual effect of $100 million or more on the 
economy, will not cause any major increase in costs or prices, and will 
not have significant adverse effects on competition, employment, 
investment, productivity, innovation, or the ability of United States 
enterprises to compete in domestic or export markets. This action only 
affects the area within the boundaries of the Molokai Sole Source 
Aquifer. As a result of this action, no commitment of 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 
financial 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.

    Dated: April 14, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-10551 Filed 5-3-94; 8:45 am]
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