[Federal Register Volume 65, Number 232 (Friday, December 1, 2000)]
[Notices]
[Pages 75285-75287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30634]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6900-9]


Sole Source Aquifer Determination for Western Uinta Arch 
Paleozoic Aquifer System, Oakley, UT

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of 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 
(EPA) in Region VIII has determined that the Western Uinta Arch 
Paleozoic Aquifer System at Oakley, Utah and the immediately adjacent 
recharge area is the sole or principal source of drinking water for the 
region. The region is

[[Page 75286]]

located in central Utah extending from near the City of Oakley, Utah 
east encompassing approximately 23,000 acres in Townships 1 South and 1 
North and Ranges 6 to 8 East SLB&M. The area is irregularly shaped with 
maximum dimensions of about 14 miles from southwest to northeast and 
approximately 3 miles from northwest to southeast. The entire area is 
within Summit County, Utah. No viable alternative sources of drinking 
water with sufficient supply exist. If this aquifer is contaminated, a 
significant hazard to public health would occur.
    The boundaries of the designated area have been reviewed and 
approved by EPA. As a result of this action, federal financially 
assisted projects constructed in the approximately 40 square mile area 
mentioned above will be subject to EPA review to ensure that these 
projects are designed and constructed in a manner which does not create 
a significant hazard to public health. For the purposes of this 
designation the Aquifer Service Area and the Project Review Area are 
the same as the Designated Area.

DATES: This determination shall be promulgated for purposes of judicial 
review at 1:00 p.m. Mountain Standard Time on December 1, 2000.

ADDRESSES: The data upon which these findings are based, and a map of 
the designated area are available to the public and may be inspected 
during normal business hours at the U.S. Environmental Protection 
Agency, Region VIII, 999 18th Street, Suite 300, Denver, CO 80202-2466.

FOR FURTHER INFORMATION CONTACT: William J. Monheiser, Regional Sole 
Source Aquifer Coordinator, Ground Water Program, 8P-W-GW, USEPA Region 
VIII, 999 18th Street, Suite 300, Denver, Colorado 80202-2466, Phone: 
303.312.6271, Fax: 303.312.7084, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to 
section 1424(e) of the Safe Drinking Water Act, 42 U.S.C. 300f, 300h-
3(e), Public Law 93-523 as amended, the Regional Administrator of the 
U.S. Environmental Protection Agency (EPA) has determined that the 
Western Uinta Arch Paleozoic Aquifer System is the sole or principal 
source of drinking water for the Oakley area of central Utah described 
above. Pursuant to section 1424(e), federal financially assisted 
projects constructed anywhere in the Oakley, Utah area described above 
will be subject to EPA review.

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 financial assistance may, if authorized under another 
provision of the law, be entered into to plan or design the project 
to assure that it will not so contaminate the aquifer.

Effective March 9, 1987, authority to make a Sole Source Aquifer 
Designation Determination was delegated to the U.S. EPA Regional 
Administrators.
    On August 26, 1999, a petition was received from the City of 
Oakley, Utah, P.O. Box 129, Oakley, Utah 84055, requesting that EPA 
designate the ground water resources of the Western Uinta Arch 
Paleozoic Aquifer System near the City of Oakley as a Sole Source 
Aquifer. In response to this petition, EPA published a notice of a 
Public Meeting held at the Oakley City offices on May 10, 2000. This 
notice was published in the Park City Record, a newspaper of general 
circulation in the area. EPA also sent copies of the notice with 
descriptive information to all postal patrons in the Oakley area. This 
notice announced receipt of the petition and requested public comment 
in writing or oral comments at the public meeting held May 10, 2000 and 
for a 30 day comment period following the meeting. Comments received by 
telephone, Fax and e-mail were also accepted. The public comment period 
extended from May 11, 2000 to June 15, 2000.
    Subsequently, EPA determined that the petition is both 
administratively and technically complete and adequate.

II. Basis for Determination

    Among the factors considered by the Regional Administrator for 
designation of a Sole Source Aquifer under section 1424(e) are: (1) 
Whether the aquifer is the area's sole or principal source of drinking 
water, (2) if the designated area has been adequately delineated and, 
(3) whether contamination of the aquifer would create a significant 
hazard to public health.
    On the basis of information available to EPA, the Regional 
Administrator has made the following findings of fact, which are the 
basis for this determination:
    1. The Western Uinta Arch Paleozoic Aquifer System serves as the 
``sole source'' of drinking water for approximately 1,005 permanent 
residents within the City of Oakley. There is no existing alternative 
drinking water source or combination of sources which could provide 
fifty percent or more of the drinking water to the designated area, nor 
is there any projected future alternative source capable of supplying 
the area's drinking water needs at an economical cost.
    2. Although the Paleozoic Aquifer System underlies much of central 
Utah, in the Oakley area the aquifer is isolated, of very high quality, 
able to be used as a drinking water source with minimal treatment 
required by the State of Utah. This constitutes a resource limited to 
this immediate area that if contaminated would create a significant 
hazard to public health. Potential sources of contamination include: 
(1) Petroleum, mineral exploration, and geophysical drilling, (2) 
accidental spills along roadways, (3) abandoned but unplugged 
petroleum, mineral and geophysical wells, tunnels and (4) non-
sustainable forestry practices.

III. Description of the Petitioned Aquifer

    The designated area of the Paleozoic Aquifer System near the City 
of Oakley encompasses about 23,000 acres in an irregularly shaped area 
approximately 14 miles long by approximately 3 miles wide. Drinking 
water production is from three developed springs in the Park City 
Formation and one drilled artesian well in the Doughnut and Humbug 
Formations. Combined production can be greater than 1000 gallons per 
minute. Flow is from fractures located within the limestones of the 
Park City, Doughnut and Humbug Formations. The Paleozoic Aquifer System 
is composed of the Park City, Weber, Morgan, Round Valley, Doughnut, 
and Humbug Formations of Permian and Mississippian ages. The boundaries 
of the aquifer were determined by hydrogeologic mapping of the area, 
which is interpreted to contribute water to the springs and well.

IV. Information Utilized in Determination

    The information utilized in this determination includes the 
petition from the City of Oakley, review of available literature, and 
the results of ground water investigations conducted to date on the 
ground water resources of the area. These data are available to the

[[Page 75287]]

public and may be inspected during normal business hours at EPA Region 
VIII, 999 18th Street, Suite 330, Denver, Colorado 80202-2466.

V. Project Review

    EPA, Region VIII, will work with the Federal Agencies that may, in 
the future, provide financial assistance to projects in the designated 
area. Interagency procedures will be developed in which EPA will be 
notified of proposed commitments by federal agencies for projects which 
could contaminate the aquifer. EPA will evaluate such projects and, 
where necessary, conduct an in-depth review, including soliciting 
public comments where appropriate. Should EPA determine that a project 
may contaminate the aquifer, so as to create a significant hazard to 
public health, no commitment for federal assistance may be entered 
into. However, 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 contaminate the aquifer.
    Although the project review process cannot be delegated to state or 
local agencies, the EPA will rely upon any existing or future state and 
local control mechanisms to the maximum extent possible in protecting 
the ground-water quality of the aquifer. Included in the review of any 
federal financially assisted project will be coordination with local 
agencies. Their comments will be given full consideration, and the 
Federal review process will attempt to complement and support state and 
local ground water quality protection mechanisms.

VI. Summary and Discussion of Public Comments

    In response to the Public Notice and Public Meeting, three 
questions were asked during the public meeting, all requesting 
clarification of ``federal financial assistance.'' Further 
clarification of ``federal financial assistance'' was contained in the 
Responsiveness Summary. No questions or comments were received during 
the 30 day comment period. No comments objecting to designation were 
received during any portion of public participation phase of the 
petition review process.
    No data were presented during the public comment period regarding 
aquifer characteristics, boundary delineation or potential errors of 
fact presented in the petition.

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 this designation will not have a 
significant impact on a substantial number of small entities. For 
purposes of this Certification, ``small entity'' shall have the same 
meaning as given in section 601 of the RFA. This action is only 
applicable to projects with the potential to impact the Western Uinta 
Arch Paleozoic Aquifer System Sole Source Aquifer as designated.
    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 Sole Source 
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, unless a cumulative impact on the 
aquifer is anticipated; accordingly, the number of affected small 
entities will be minimal.
    For those small entities which are subject to review, the impact of 
today's action will not be significant. Many projects subject to this 
review will be preceded by a ground water impact assessment required 
pursuant to other federal laws, such as the National Environmental 
Policy Act (NEPA) as amended 42 U.S.C. 4321, et seq. Integration of 
those related review procedures 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 
effects 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 
``major'' and therefore subject to the requirement of a Regulatory 
Impact Analysis. This regulation is not major 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. Today's action only affects the Western 
Uinta Arch Paleozoic Aquifer System in Summit County, Utah. It provides 
an additional review of ground water protection measures, incorporating 
state and local measures whenever possible, for only those projects 
which request federal financial assistance.

    Dated: November 16, 2000.
William P. Yellowtail,
Regional Administrator, Region VIII.
[FR Doc. 00-30634 Filed 11-30-00; 8:45 am]
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