[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Notices]
[Pages 51972-51973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24953]
[[Page 51972]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6443-9]
Sole Source Aquifer Designation of the Islesboro Island Aquifer
System, Waldo County, Maine
AGENCY: Environmental Protection Agency.
ACTION: Notice of final determination.
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SUMMARY: The Regional Administrator of Region I of the Environmental
Protection Agency (EPA) has determined that the Islesboro Island
aquifer system that underlies Islesboro Island, Maine (denominated as
``Islesboro Island 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 petition submitted by the State of
Maine 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 Islesboro Island 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
over the designated aquifer area will be subject to EPA review 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.
EFFECTIVE DATE: This determination shall become effective October 27,
1999.
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 I, Office of Ecosystem
Protection, Maine State Unit (CME), One Congress St, Suite 1100,
Boston, MA 02114-2023.
FOR FURTHER INFORMATION CONTACT: Edward Lavery, U.S. EPA-I at the
address above or at (617) 918-1683, e-mail: [email protected].
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.
On June 15, 1990 EPA Region I received a petition from the State of
Maine requesting the designation of the aquifer system underlying the
Isleboro Island Aquifer as a sole source aquifer under section 1424(e)
of the SDWA. The petition expressed several reasons for interest in a
designation including the vulnerability of the bedrock aquifer due to
limited capacity for attenuation of contaminants due to a thin soil
cover as wells as the need to assess environmental impacts possible
from federally-funded projects.
A detailed review of the petition was determined to meet all
criteria on January 31, 1999. The Islesboro Ground Water Protection
Committee also expressed support on January 13, 1999 for completing the
determination.
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 May 17, 1999 and held
a public meeting on May 17, 1999 at the Islesboro Municipal Building in
Islesboro, Maine. The public comment period closed on June 17, 1999.
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 Islesboro Island 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 the State of Maine Department of
Environmental Protection 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. Recharge of the water
supply is by infiltration of precipitation over the entire island.
There are no public water supplies on the island and all homes are
supplied by individual wells.
The designated area is underlain primarily by a fractured bedrock
aquifer system. The aquifer system is overlain by areas of glacial till
and silt 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 Islesboro
Island Area Aquifer System boundary is based on the mean high tide line
since this marks the freshwater-salt water boundary.
III. Description of the Islesboro Island Aquifer System That
Underlies Islesboro Island
The Islesboro Island Aquifer System is a 14.23 square mile island
located in the mid-coastal region of Maine, approximately 10 miles
southeast of Belfast, Maine. The aquifer system is comprised of an
interconnected bedrock aquifer. The aquifer material consists of two
primary rock types: slate and limestone. The island has a relief of 195
feet with steep cliffs on the northwestern shores and a gentle slope
along the eastern and southwestern portions of the island. All
residents are supplied by individual wells, either drilled or dug
wells. The aquifer is, therefore, the principal source of drinking
water for the island.
For the Islesboro Island Aquifer System, the boundary of the
aquifer is designated by the mean high tide line. The watershed
boundary is the surface water divide based on topography, which
corresponds with the ground water divide. The designated area, project
review area and service area are conterminous, encompassing all of
Islesboro Island.
IV. Information Utilized in Determination
The information utilized in this determination includes: the
petition and supporting document submitted to the EPA Region I by the
State of Maine, Department of Environmental Protection, the Island
Institute, 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
[[Page 51973]]
address listed above. The petition and support document and EPA's
response summary to public comment are available at the Municipal
Office in Islesboro, Maine.
V. Project Review
EPA Region I 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 Islesboro
Island 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
Islesboro Island 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 Islesboro
Island 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 Islesboro
Island Aquifer System in Islesboro, ME. 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.
VII. Summary and Discussion of Public Comments
A letter of support from the Islesboro Ground Water Protection
Committee in support of the designation was received. However, no
additional written comments were received. No formal oral comments were
received at the public meeting. However, a few questions about the
project review requirements of the sole source aquifer program were
raised. EPA representative, Edward Lavery explained that project review
will not be concerned with small, isolated commitments of financial
assistance such as Farmers Home Administration loans however, EPA may
conduct reviews if a large number of such projects is of concern. For
many project review environmental impacts assessed under the National
Environmental Policy Act (NEPA) will be coordinated with project
reviews required under section 1424(e) of the Safe Drinking Water Act.
This determination affects only the Islesboro Island Aquifer System
located in Islesboro Island, ME. 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.
Authority: This action is issued under the authority of sections
1427 of the Safe Drinking Water Act as amended 42 U.S.C. 300h-3(e).
Dated: September 2, 1999.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 99-24953 Filed 9-24-99; 8:45 am]
BILLING CODE 6560-50-P