[Federal Register Volume 63, Number 135 (Wednesday, July 15, 1998)]
[Notices]
[Pages 38167-38169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18865]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6123-9]
Sole Source Aquifer Determination for the Cloverly Aquifer (Dakota
and Lakota Sands)
Elk Mountain, Wyoming
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 in Region VIII of the U.S. Environmental
Protection Agency (EPA) has determined that the Cloverly Aquifer,
Dakota and Lakota Sands at Elk Mountain, Wyoming and the immediately
adjacent recharge area is the sole or principal source of drinking
water for a region. The region is located in south central Wyoming
extending (in an irregular shape) from the Town of Elk Mountain 3 miles
east, 7 miles west along the Interstate 80 corridor and 18 miles to the
south. The entire area is within Carbon County, Wyoming. No viable
alternative sources of drinking water with sufficient supply exist. If
this aquifer is contaminated a significant hazard to public health
could occur.
The boundaries of the designated area have been reviewed and
approved by EPA. As a result of this action, Federal
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financially assisted projects constructed in the approximately 174
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.
EFFECTIVE DATE: This determination shall be promulgated for purposes of
judicial review at 1:00 p.m. Mountain Daylight time on July 15, 1998.
ADDRESSEES: 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 500, Denver, CO 80202-2405.
FOR FURTHER INFORMATION CONTACT: William J. Monheiser, Sole Source
Aquifer Coordinator, Ground Water Program, 8P2-W-GW, U.S. EPA Region
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2405, Phone:
(303) 312-6271, e-mail: monheiser.william@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: Notification is hereby given that, pursuant
to section 1424(e) of the Safe Drinking Water Act, 42 U.S.C. 300f,
300h-3(e), Pub. L. 93-523 as amended, the Regional Administrator of the
U.S. Environmental Protection Agency has determined that the Cloverly
Aquifer is the sole or principal source of drinking water for the Elk
Mountain area of south central Wyoming described above. Pursuant to
section 1424(e), Federal financially assisted projects constructed
anywhere in the Elk Mountain 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 18, 1997, a petition was received from the Town of Elk
Mountain, P.O. Box 17, Elk Mountain, Wyoming, 82324, requesting EPA to
designate the ground water resources of the Cloverly Aquifer, Dakota
and Lakota Sands in the Elk Mountain area as a Sole Source Aquifer. In
response to this petition, EPA published a notice of a public meeting
held in the Town of Elk Mountain, Wyoming on February 17, 1998. This
document was published in the Saratoga Sun and the Rawlins Daily Times.
EPA also sent copies of the notice with descriptive information to all
parties in the Elk Mountain area. This document announced receipt of
the petition and requested public comment in writing or oral comments
at the public meeting and for a 30-day comment period. Comments
received by telephone were also accepted. The public comment period
extended from February 2, 1998 to March 4, 1998.
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 in
connection with the 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 and (2) whether contamination of the aquifer
would create a significant hazard to public health.
On the basis of information available to this Agency, the Regional
Administrator has made the following findings, which are the basis for
the determination noted above:
1. The Cloverly Aquifer (Dakota and Lakota sands) serves as the
``sole source'' of drinking water for approximately 186 permanent
residents within the Town of Elk Mountain. 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 Cloverly Formation underlies much of the State of
Wyoming, in the Elk Mountain area the aquifer is of high quality, able
to be used as a drinking water source with minimal treatment. This
constitutes a resource unique to this area and if contaminated would
create a significant hazard to public health. Potential sources of
contamination include: (1) Petroleum, mineral exploration, and
geophysical drilling, (2) direct impacts to the exposed outcrop of the
Cloverly Formation from silvaculture and agriculture, (3) accidental
spills along roadways, and (4) abandoned but unplugged petroleum,
mineral and geophysical wells.
III. Description of the Petitioned Aquifer
The Town of Elk Mountain is located in the Pass Creek Basin of
south central Wyoming along the northern flank of the Medicine Bow
Mountains. Typically Pass Creek Basin strata are folded and faulted
inward into a series of north plunging, asymmetrical anticlines less
than 1 mile in width.
The Cloverly Aquifer consists of lower Cretaceous age sediments
with a medium to fine grained clean Dakota sandstone and the clean
conglomeritic Lakota Sandstone separated by Fuson Shale. The aquifer is
confined and averages about 90 feet thick. Since the sediments have
been extensively folded and faulted the target water producing zones
are structurally controlled and vary from 2,380 to 2,780 feet below
ground surface. Transmissivities are about 1100 gal/day/ft with an
estimated porosity of .18, and a hydraulic gradient of .032 to the
northwest along the axis of the regional anticlines.
IV. Information Utilized in Determination
The information utilized in this determination includes the
petition from the Town of Elk Mountain, research of available
literature, the results of investigative efforts conducted to date on
the ground-water resources of the area, and written and verbal comments
submitted by the public. These data are available to the public and may
be inspected during normal business hours at EPA Region VIII, 999 18th
Street, Denver, Colorado.
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
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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 groundwater quality protection mechanisms.
VI. Summary and Discussion of Public Comments
In response to the public notice and public meeting, a total of 42
oral and written comments were received. In general those who favor
designation reside in the Town of Elk Mountain and are financially
responsible for the drinking water system. Those opposed to designation
are from the area outside of town and within the designated area. The
majority of comments support the designation of the area as a sole or
principal source of drinking water. In addition, a resolution
supporting designation was adopted by the Town Council.
No data were presented during the public comment period regarding
aquifer characteristics, the boundary delineation or potential errors
of fact presented in the petition.
Dated: July 1, 1998
Jack W. McGraw,
Acting Regional Administrator, Region 8.
[FR Doc. 98-18865 Filed 7-14-98; 8:45 am]
BILLING CODE 6560-50-P
