96-23066. Ocotillo-Coyote Wells Aquifer in Imperial County, California; Sole Source Aquifer Final Determination  

  • [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]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
09/10/1996
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
96-23066
Dates:
This determination shall be promulgated for purposes of judicial review at 1:00 P.M. Eastern time on September 24, 1996.
Pages:
47752-47753 (2 pages)
Docket Numbers:
FRL-5560-8
PDF File:
96-23066.pdf