[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]


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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.

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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]
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