[Federal Register Volume 63, Number 25 (Friday, February 6, 1998)]
[Notices]
[Pages 6176-6179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3042]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5952-3]
Sole Source Aquifer Designation of Poolesville Area Aquifer
System, Lower Western Montgomery County, MD
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: The Regional Administrator of Region III of the U.S.
Environmental Protection Agency (EPA) has determined that the portion
of the Piedmont aquifer system that underlies Poolesville and the
surrounding area in lower western Montgomery County, Maryland
(denominated as ``Poolesville Area Aquifer System'') is the sole or
principal source of drinking water for this area and if the aquifer
system were contaminated would create a significant hazard to public
health. This determination is in response to a
[[Page 6177]]
petition submitted by a citizen group, For A Rural Montgomery (FARM),
requesting that the Administrator of EPA make a determination under
Section 1424(e) of the Safe Drinking Water Act, 42 U.S.C. 300h-3(e), as
amended, that the Poolesville Area Aquifer System is a sole or
principal source of drinking water for the area. As a result of Sole
Source Aquifer (SSA) designation, federal financially assisted projects
in the designated area will be subject to EPA review pursuant to
section 1424(e) to ensure that these projects are designed and
constructed so that they do not contaminate this aquifer so as to
create a significant hazard to public health. The Poolesville Area SSA
adds an additional area to the existing Maryland Piedmont SSA area,
previously designated by EPA in 1980 (45 FR 57165, 08/27/80). The
Maryland Piedmont SSA includes seven surface water drainage basins
which underlie northwestern Montgomery County, and extend into minor
portions of Frederick, Carroll and Howard Counties, MD. The addition of
the Poolesville Area Aquifer System to the existing SSA will extend the
Maryland Piedmont SSA from State Route 28 (approximate boundary) to the
Potomac River, between Little Monocacy River and Seneca Creek's
confluence with the Potomac River.
EFFECTIVE DATE: This determination shall become effective February 23,
1998.
ADDRESSES: The data upon which these findings are based are available
to the public and may be inspected during normal business hours at the
U.S. Environmental Protection Agency--Region III, Drinking Water
Branch, 841 Chestnut Building, Philadelphia, PA 19107.
FOR FURTHER INFORMATION CONTACT: Barbara Smith, Drinking Water Branch,
U.S. EPA-III at the address above or at (215) 566-5786, e-mail:
smith.barbara@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 1424(e) of the Safe Drinking Water Act, 42 U.S.C. 300h-
3(e), states:
If the Administrator determines, on his own initiative or
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 law, be entered into to plan or design the project to
assure that it will not so contaminate the aquifer.
In December 1996, EPA Region III received a petition from FARM,
requesting the designation of the aquifer system underlying the
Poolesville area as a sole source aquifer under Section 1424(e) of the
SDWA. EPA reviewed the petition and supporting documentation and began
gathering available data to make a determination. EPA opened the
official public comment period on the petition on June 18, 1997 and
announced a public hearing in a local paper, to be held in Poolesville.
EPA conducted the public hearing on July 24, 1997 at the Poolesville
Elementary School. The public comment period closed on August 31, 1997.
EPA received eleven letters from a variety of people, mostly
representatives of local citizen groups, eight of which expressed
support for the SSA designation, two expressed opposition to
designation and one letter requested more information and a public
hearing. Twenty-seven people attended the public hearing and 19 people
presented statements, all in support of designation.
II. Basis for Determination
Among the factors considered by the Regional Administrator as part
of the review and technical verification process for designating an
area under Section 1424(e) were:
1. The aquifer system underlying the Poolesville area supplies the
service area population with 50% or more of its drinking water needs.
2. There are no economical alternative drinking water source or
combination of sources to supply the designated service area.
3. The EPA has found that FARM has appropriately delineated the
boundaries of the aquifer project review and service area.
4. While the quality of the area's ground water is considered to be
good, it is vulnerable to contamination due to the relatively thin soil
cover and rapid movement of ground water in fractured rock, coupled
with increasing development and other land uses. Thin soil cover may
allow contaminants to be rapidly introduced into the ground water with
minimal assimilation into the soil. Rapid movement of ground water
through fractured rock can allow contaminants to spread quickly, once
introduced. Clean up of contaminated fractured aquifers is usually
difficult to achieve and an expensive, long term effort. The designated
area is underlain primarily by a fractured nonmarine sedimentary rock
aquifer system, with some localized diabase intrusions. The aquifer
system also includes an area of phyllite, terrace and alluvial
deposits.
5. Definable Aquifer Boundaries: EPA guidance allows designations
to be made for entire aquifers, hydrologically connected aquifers
(aquifer systems), or part of an aquifer if that portion is
hydrologically separated from the rest of the aquifer. The Poolesville
Area Aquifer System boundary is based on accepted hydrological
principles and EPA's interpretation of available data.
III. Description of the Aquifer System That Underlies the Designated
Poolesville Area
The aquifer system underlying the Poolesville area is within the
Piedmont Lowland physiographic province. The designated area extends
the southwestern boundary of the existing SSA, called the Maryland
Piedmont Aquifer, from State Route 28 (approximate boundary) to the
Potomac River, between Little Monocacy River and Seneca Creek's
confluence with the Potomac River. The designated area encompasses the
surface area, as well as the underlying formations. The topography of
the area is gently rolling, cut by streams and small tributaries. The
area's climate is moderate and somewhat humid. Precipitation that has
not evaporated, transpired or drained as runoff from the area recharges
the underlying aquifer system with water.
The Poolesville area is underlain primarily by nonmarine
sedimentary conglomerates, sandstones, siltstones and shales which have
been locally intruded by diabase. These fractured rocks of Triassic age
are part of the Newark Group, largely the New Oxford formation. The
area northeast of Poolesville is underlain by phyllite crystalline rock
of early Paleozoic age (approximate age) and underlies the Barnesville,
Beallsville and Jerusalem area. The phyllitic rocks are foliated and
fractured. Located west of Poolesville towards the Potomac River, are
terrace deposits of Tertiary age, comprised of unconsolidated sediments
that are not used for ground water supply. Alluvial sediments of
Quaternary age occur along the Potomac River valley and some of the
major tributaries, but also are not used for ground water supply.
All drinking water (except commercially obtained bottled water) in
the Poolesville area is ground water, supplied by the underlying
aquifer system. Poolesville residents are served by public water supply
wells, and residents outside of Poolesville
[[Page 6178]]
Township obtain their drinking water from private wells.
The quality of ground water underlying the Poolesville area is
generally good, but both the relatively thin soil cover and rapid
movement of ground water in fractured rock reduce the capacity for
contaminant attenuation, making the aquifer vulnerable to contaminates
from point and nonpoint sources.
The only alternative sources of water (other than the existing
supply of ground water from the Poolesville Area Aquifer System) to be
considered include surface water sources, or ground water that is
extracted outside the SSA area and transported to the Poolesville area,
or a combination of the two. The two most likely scenarios in the event
that the area's ground water was made unusable, are that the area would
be served by extending water mains from Washington Suburban Sanitary
Commission's (WSSC) existing distribution system, or by building local
intakes and treatment facilities on the Potomac River and supplying the
area. A third option is less likely and that would include pumping
ground water from areas outside the SSA and delivering the water to the
SSA area. All of the above options, and any others not discussed here,
are economically infeasible due to the difficulties and costs of
constructing water mains, distribution lines and pumping stations
through out the entire designated area. Whereas the Town of Poolesville
has the water infrastructure in place (wells, treatment, storage and
distribution lines) and could probably be connected to the nearest WSSC
distribution line for an affordable price, the area outside of
Poolesville, that relies on individual wells and has no water
distribution system in place, could not afford the massive expense
involved in laying distribution pipes to each farm, home, business and
school in the designated area. Houses and farms are located farther
apart in the areas outside of Poolesville, and could not be put on a
distribution system in an economically feasible way.
Local government has acted to protect the ground water quality in
Poolesville by starting a Wellhead Protection program in cooperation
with the Maryland Department of the Environment. The petitioner group
believes that a Sole Source Aquifer designation would augment local
ground water protection efforts, and assist in preserving the rural and
natural resources of the area.
IV. Information Utilized in Determination
The information utilized in this determination includes: the
petition and supporting document submitted to the EPA Region III by
FARM, letters received during the public comment period, and public
comments received during the public hearing. In addition, much of the
information has been derived from published literature on the
hydrogeology and water resources of the region. This information is
available to the public and may be inspected at the address listed
above. The petition and support document, the transcript of the public
hearing and EPA's response summary to public comment are available in
the Poolesville Public Library, in Poolesville, MD.
V. Project Review
EPA Region III is working with the federal agencies most likely to
provide financial assistance to projects in the project review area.
Interagency procedures and Memoranda of Understanding will be developed
through which EPA will be notified of proposed commitments by federal
agencies to projects which could potentially impact the Poolesville
Area Aquifer System. The EPA will evaluate such projects, and where
necessary, conduct an in-depth review, including soliciting State and
local government and public comments when appropriate. Should the
Regional Administrator determine that a project may contaminate the
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 for that project. 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 ensure that it will
not contaminate the aquifer. Included in the review of any federal
financially-assisted projects will be the coordination with state and
local agencies and the project's developers. Their comments will be
given full consideration and EPA's review will attempt to complement
and support state and local ground water protection measures. Although
the project review process cannot be delegated, EPA will rely to the
maximum extent possible on any existing or future state and/or local
control measures to protect the quality of ground water in the
Poolesville Area Aquifer Review Area.
VI. 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, the ``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 Poolesville
Area Aquifer System SSA 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 to
today's action will not be significant. Most 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
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
``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 Poolesville
Area Aquifer System in Western Montgomery County, MD. It provides an
additional review of ground water protection
[[Page 6179]]
measures, incorporating state and local measures whenever possible, for
only those projects which request federal financial assistance.
VII. Summary
This determination affects only the Poolesville Area Aquifer System
located in Western Montgomery County, MD. As a result of this Sole
Source Aquifer 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. Once
designated, the Poolesville Area Aquifer System will become part of the
existing MD Piedmont SSA area.
Dated: January 14, 1998.
Thomas C. Voltaggio,
Acting Regional Administrator, U.S. Environmental Protection Agency--
Region III.
[FR Doc. 98-3042 Filed 2-5-98; 8:45 am]
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