[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Notices]
[Pages 17187-17190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8978]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5807-7]
Sole Source Aquifer Designation for the Columbia and Yorktown-
Eastover Multiaquifer System
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: In response to a petition from the Bi-County Ad Hoc Citizens
Committee on Oversight, notice is hereby given that the Regional
Administrator of Region III of the U.S. Environmental Protection Agency
(EPA) has determined that the Columbia and Yorktown-Eastover
Multiaquifer System satisfies all determination criteria for
designation as a sole source aquifer, pursuant to Section 1424(e) of
the Safe Drinking Water Act. The following findings were made in
accordance with the designation criteria: the Columbia and Yorktown-
Eastover Multiaquifer System supplies more than 50% of the water needs
for the communities within the service area boundaries; there are no
viable alternative sources of sufficient supply; the boundaries of the
designated area and the project review area have been reviewed and
approved by the EPA; and, if contamination were to occur, it would pose
a significant public hazard and a serious financial burden to the
communities within the aquifer service area. As a result of this
action, the EPA may review, suggest modifications to, or withhold
funding for, any federally financially assisted projects proposed for
construction within the Columbia and Yorktown-Eastover Multiaquifer
System that may pose an adverse risk of ground water contamination.
DATES: This determination shall become effective May 9, 1997.
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, Water Protection
Division, 841 Chestnut Building, Philadelphia, PA 19107.
FOR FURTHER INFORMATION CONTACT: Barbara M. Smith, Drinking Water
Branch, (215) 566-5786.
SUPPLEMENTARY INFORMATION:
I. Background
Section 1424(e) of the Safe Drinking Water Act, 42 U.S.C., section
300h-3(e), states:
If the Administrator determines, on his own initiative or
petition, that an area has an
[[Page 17188]]
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.
The Sole Source Aquifer designation process consists of four
phases, as outlined in the ``Sole Source Aquifer Designation Petitioner
Guidance'': Phase I--Petition Preparation, Phase II--Initial Petition
Review/Determination of Completeness, Phase III--Detailed Review/
Technical Verification, and Phase IV--Designation Determination.
In August 1992, EPA Region III received a petition from the Bi-
County Ad Hoc Citizens Committee on Oversight, requesting the
designation of the Columbia and Yorktown-Eastover Multiaquifer System
as a sole source aquifer under Section 1424(e) of the SDWA. EPA
returned the petition following an initial review with a ``Notice of
Deficiencies'' to be corrected prior to further consideration by EPA.
On July 28, 1993 a revised petition was submitted to EPA which was
determined to be complete. EPA determined that the Bi-County Ad Hoc
Citizens Committee on Oversight's petition fully satisfied the first
three phases of the designation process and announced a public hearing
on the petition on December 15, 1993. EPA conducted a public hearing in
Onley, Virginia on January 25, 1994. The public comment period on the
petition closed on February 22, 1994.
II. Basis for Determination
Among the factors considered by the Regional Administrator as part
of the detailed review and technical verification process for
designating an area under Section 1424(e) were:
1. The Columbia and Yorktown-Eastover aquifers are high-yielding
aquifers which the service area population relies on for more than 50%
of its drinking water needs.
2. There exists no viable economical alternative drinking water
source or combination of sources to supply the designated service area.
3. The EPA has found that the Bi-County Ad Hoc Citizens Committee
on Oversight has appropriately delineated the boundaries of the aquifer
project review area.
4. While the quality of the Columbia and Yorktown-Eastover
aquifer's ground water is considered to be good, it is highly
vulnerable to contamination due to its geological characteristics and
possible land-use activities. The designated area is a multiaquifer
system with a surficial aquifer (Columbia aquifer) consisting of
shallow sand and gravel deposits and a deeper confined aquifer
(Yorktown-Eastover aquifer) which is recharged by water from the
surficial aquifer. The shallow nature of the surficial aquifer allows
contaminants to be rapidly introduced into the ground water with
minimal assimilation. It is this high vulnerability to contamination,
especially on the central ``spine'' of the peninsula, coupled with the
aquifer's value as the principal source of drinking water for the
residents served, that could pose a significant public health hazard.
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 Yorktown-
Eastover Multiaquifer System boundary is based on hydrological
principles and EPA's interpretation of available data.
III. Description of the Columbia and Yorktown-Eastover Multiaquifer
System Designated Area and Project Area
The Columbia and Yorktown-Eastover Multiaquifer System is part of
the Atlantic Coastal Plain physiographic province. The designated and
project area of the Columbia and Yorktown-Eastover Multiaquifer System
underlies the political boundaries of Accomack and Northampton Counties
(known as the Eastern Shore of Virginia), located on the southern tip
of the Delmarva Peninsula. The designated/project area (Accomack and
Northampton Counties) is approximately 695 square miles in surface
area. The topography of the two counties is generally low-lying and
near sea level with elevations ranging from sea level to 50 feet above
mean sea level.
The Atlantic Coastal Plain physiographic province in Virginia
consists of an eastward-thickening wedge of unconsolidated sediments.
The sediments were deposited on a crystalline bedrock platform which
has subsided since early Cretaceous time. The sediments consist of
gravels, sands, clays and varying amounts of shell material. The
sediments were deposited from early Cretaceous time to the Holocene
period from the ancient Appalachian mountain chain to the west and can
be classified as continental, coastal or marine deposits. Due to the
presence of salt water at depth only the Columbia and Yorktown-Eastover
aquifers constitute the freshwater system on the Eastern Shore. The
Yorktown-Eastover aquifer is further subdivided into an upper, middle
and lower aquifers, bounded by confining units. The aquifer materials
of the Yorktown-Eastover aquifer generally consist of shelly sands
while the confining units are silts and clays. The Columbia aquifer on
the Eastern Shore of Virginia is an unconfined aquifer above the upper
Yorktown confining unit and consists of sandy unconsolidated deposits.
The climate for the region is temperate with an average rainfall of
43 inches. The total recharge to the Columbia aquifer is estimated to
be 257 Mgal/day. Although most of this recharge is eventually
discharged to either the Atlantic Ocean or the Chesapeake Bay, an
estimated 11 Mgal/day leaks through the first confining unit into the
upper portion of the Yorktown-Eastover aquifer. Most of the recharge to
the confined Yorktown-Eastover aquifer takes place in a narrow zone
along the center of the peninsula called the spine. Generally, patterns
of vertical flow are downward in the spine area and upward in the
coastal areas. Natural ground water flow patterns have been
subsequently altered by ground water development. Under pumping
conditions ground water flow directions are similar to prepumping
directions, however downward leakage from the Columbia aquifer
increases and the area of recharge becomes larger.
Nearly all drinking water on the Eastern Shore of Virginia is
derived from groundwater as there are no surface water bodies capable
of supplying a large quantity of water. Most residents obtain their
drinking water from private wells since the percentage of housing units
in Accomack county having water supplied by a public water system is
listed at 31% (out of 15,840 units) in the most recent U.S. Census
data; for Northampton county the figure is 12% (out of 6,183 units).
Municipal wells are usually completed in the Yorktown-Eastover aquifer
system, typically with multi-screened wells. Total ground water use was
estimated to be 5 million gallons per day (Mgal/d) by the U.S.
Geological Survey and using records contained within the EPA Federal
Data Reporting System. A population of approximately 52,000 is served
by public water supply systems (which rely on ground water).
Withdrawals by
[[Page 17189]]
private wells from the Columbia were estimated to be at least 1.7 Mgal/
day. Other large ground water withdrawals include those for industry
and irrigation.
The quality of ground water in Accomack and Northampton counties is
generally good, but both the highly permeable nature of the aquifer
material and the shallow depths to the water table reduce the capacity
for contaminant attenuation, making the aquifer vulnerable to
contamination from point and nonpoint sources. The Columbia aquifer is
especially vulnerable to potential sources of contamination. Ground
water data collected for the surficial aquifer on Delmarva peninsula
indicates ground water quality has been affected by human activities.
These impacts include statistically significant increases in dissolved
minerals, elevated nitrate levels and pesticide residue detections.
Use of alternative supplies of water outside the aquifer is
economically and technically infeasible due to the difficulties and
costs of transporting water from either mainland Virginia or northerly
portions of the Delmarva peninsula. In addition, excess alternative
ground water supplies in nearby portions of mainland Virginia are
unlikely to be available, as shown by current difficulties in obtaining
additional water for Virginia Beach, VA.
Local government has acted to protect the water quality of ground
water in Accomack and Northampton counties through formation of the
Eastern Shore of Virginia Ground Water Steering Committee in 1990.
State government has also acted to protect ground water on the Eastern
Shore through designation of the Eastern Shore groundwater management
area in 1976, among other actions. The petitioner believes that a Sole
Source Aquifer Designation would augment ground water protection
efforts by providing a forum for public education and by increasing
awareness about the importance and vulnerability of the aquifer which
underlies the two counties.
The designated project review area will consist of both Accomack
and Northampton Counties, VA but does not include Tangier Island, VA
(located in the Chesapeake Bay, off shore from the peninsula), and
Chincoteague Island, VA (located in the Atlantic Ocean, just off shore
from the peninsula). There are no streamflow source zones for this
designation. Maps of the designated area are available from EPA Region
III at the above address.
IV. Information Utilized in Determination
The information utilized in this determination includes: the
petition submitted to the EPA Region III by the Bi-County Ad Hoc
Citizens Committee on Oversight, 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. A Support Document for this designation contains
more detailed information on ground water usage, potential sources of
drinking water and vulnerability of the aquifer to contamination and
will be placed in the libraries of Accomack and Northampton counties.
The Support Document is also available from EPA Region III.
V. Project Review
The EPA Region III Ground Water Protection Section 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 the EPA will
be notified of proposed commitments by federal agencies to projects
which could potentially impact the Columbia and Yorktown-Eastover
Multiaquifer 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 the EPA's review will attempt to
complement and support state and local ground water protection
measures. Although the project review process cannot be delegated, the
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 Columbia and Yorktown-Eastover Multiaquifer System Project
Review Area.
VI. Discussion of Public Comments
EPA issued a public notice (December 15, 1993) to request comments
and announced the proposed designation and a comment period. A public
hearing was held (January 25,1994) at Nandua High School in Onley,
Virginia. The public comment period closed on February 22, 1994.
EPA received 29 written comments during the public comment period.
Of these, 25 were in support of the designation and 4 were opposed.
Fifteen people spoke at the public hearing held at Nandua High School
in Onley, Virginia on January 25, 1994. Of the speakers, 11 supported
the designation, two opposed it and two neither supported nor opposed
the designation. The public's written and oral comments are fully
addressed in EPA's Responsiveness Document and Support Document. Both
of these documents will be placed on file at the main library and are
also available upon request at the above address.
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 ``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 Columbia and
Yorktown-Eastover Multiaquifer 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 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.
[[Page 17190]]
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 affect of $100 million of 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 Columbia
and Yorktown-Eastover Multiaquifer System in the area of Northampton
and Accomack County. 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.
VIII. Summary
This determination affects only the Columbia and Yorktown-Eastover
Multiaquifer System located in Accomack and Northampton Counties,
Virginia. As a result of this 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.
Dated: March 26, 1997.
W. Michael McCabe,
Regional Administrator, U.S. Environmental Protection Agency--Region
III.
[FR Doc. 97-8978 Filed 4-8-97; 3:03 pm]
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