[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)] [Notices] [Pages 47752-47753] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-23066] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-5560-8] Ocotillo-Coyote Wells Aquifer in Imperial County, California; Sole Source Aquifer Final Determination AGENCY: Environmental Protection Agency. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hearby given that, pursuant to Section 1424(e) of the Safe Drinking Water Act, the Regional Administrator of the Environmental Protection Agency (EPA) has determined that the Ocotillo- Coyote Wells Aquifer, underlying portions of Imperial County, California, is the sole or principal source of drinking water for Ocotillo, Nomirage, Yuha Estates, and Coyote Wells and that this aquifer, if contaminated, would create a significant hazard to public health. As a result of this action, all Federal financially assisted projects constructed in the Ocotillo-Coyote Wells area and its streamflow source zones will be subject to EPA review to ensure that these projects are designed and constructed such that they do not create a significant hazard to public health. DATES: This determination shall be promulgated for purposes of judicial review at 1:00 P.M. Eastern time on September 24, 1996. ADDRESSES: The data on which these findings are based are available to the public and may be inspected during normal business hours at the U.S. [[Page 47753]] Environmental Protection Agency, Region 9, Ground Water Protection Section, 75 Hawthorne Street, San Francisco, California 94105. FOR FURTHER INFORMATION CONTACT: Wendy L. Melgin, Hydrogeologist, Ground Water Protection Section, U.S. EPA Region 9, at 415-744-1831. SUPPLEMENTARY INFORMATION: I. Background Section 1424(e) of the Safe Drinking Water Act (42 U.S.C., 300f, 300h-3(e), P.L. 93-523) states: (e) If the Administrator determines on his own initiative or upon petition, that an area has an aquifer which is the sole or principle 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 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. On May 2, 1994, EPA received a petition from ``The Ocotillo Club'', which petitioned EPA to designate the Ocotillo-Coyote Wells Aquifer as a sole source aquifer. A public hearing was conducted on September 21, 1995 in Ocotillo, California, and the public was permitted to submit comments and information on the petition until March 25, 1996. II. Basis for Determination The factors to be considered by the Administrator in connection with the designation of an area under Section 1424(e) are: (1) Whether the Ocotillo-Coyote Wells Aquifer is the area's sole or principle source of drinking water and (2) whether contamination of the aquifer would create a significant hazard to public health. On the basis of technical information available to this Agency, the Administrator has made the following findings, which are the bases for the determination noted above: 1. The Ocotillo-Coyote Wells Aquifer currently serves as the ``sole source'' of drinking water for the residents of Ocotillo, Coyote Wells, Yuha Estates and Nomirage. 2. Contamination of the aquifer would create a significant hazard to public health. There is no economically feasible alternative drinking water source near the designated area. 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 Ground Water Protection, 1987). III. Description of the Ocotillo-Coyote Wells Sole Source Aquifer The Ocotillo-Coyote Wells Sole Source Aquifer underlies an 87- square mile area in the southwestern corner of Imperial County, near Ocotillo, California. Ocotillo is approximately 25 miles west of El Centro and 90 east of San Diego. Ground water is found primarily in the saturated Quaternary-age alluvial valley-fill deposits, which are derived from the surrounding mountains and consist of fine sand and gravel interspersed with silts and clays of varying thickness and extent. The designated area includes the surface area above the alluvial unconfined aquifer and the surrounding recharge areas located in the Jacumba and Coyote Mountains. The boundaries of the sole source aquifer are largely topographically defined along major surface watershed boundaries in the Jacumba and Coyote Mountains, with the exception of the Elsinore Fault boundary and the boundary with the U.S.-Mexican border. The Elsinore fault was chosen as a boundary because it separates the sole source aquifer area, which contains high quality, potable water, from high saline, non-potable water to the east of the fault. IV. Information Utilized in Determination The information utilized in this determination includes the petition, written and verbal comments submitted by the public and various technical publications. The above data are available to the public and may be inspected during normal business hours at the U.S. Environmental Protection Agency, Region IX, Ground Water Protection Section, 75 Hawthorne Street, San Francisco, California 94105. V. Project Review EPA Region IX will work with the Federal agencies that may in the future provide financial assistance to projects within the boundaries of the Ocotillo-Coyote Wells 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 Ocotillo- Coyote Wells 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 ground water quality of the aquifer. VI. Summary of Public Comments The public hearing, held in Ocotillo, California on September 21, 1995, was attended by 28 people, with 9 people speaking. Of those who expressed an opinion, four supported the designation of a Sole Source Aquifer. Of those who submitted comments, fifteen opposed the designation and 29 supported the 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 the U.S. Environmental Protection Agency, Region IX, Ground Water Protection Section, 75 Hawthorne Street, San Francisco, California 94105. Dated: August 14, 1996. Alexis Strauss, Acting Regional Administrator. [FR Doc. 96-23066 Filed 9-9-96; 8:45 am] BILLING CODE 6560-50-P