Molokai Aquifer, Maui County, HI: Sole Source Aquifer Determination

ENVIRONMENTAL PROTECTION AGENCY

[FRL-4880-7]

Molokai Aquifer, Maui County, HI: Sole Source Aquifer

Determination

AGENCY: U.S. Environmental Protection Agency.

ACTION: Final determination.

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SUMMARY: Pursuant to section 1424(e) of the Safe Drinking Water Act,

the Regional Administrator of the U.S. Environmental Protection Agency

has determined that the aquifer underlying Molokai, Hawaii is the sole

or principal source of drinking water for the island. The Regional

Administrator has determined that contamination of this aquifer would

create a significant hazard to public health. As a result of this

determination, Federally financially assisted projects constructed

anywhere in the designated area will be subject to EPA review to ensure

that they do not contaminate the aquifer through a recharge zone so as

to create a significant hazard to public health.

ADDRESSES: The data upon which this determination has been made are

available to the public and may be inspected during normal business

hours at the EPA, Region 9, Water Management Division, 75 Hawthorne

Street, San Francisco, CA, 94105.

FOR FURTHER INFORMATION CONTACT: Sunny Kuegle, Groundwater Pollution

Control Section, (W-6-2), (415) 744-1830.

Supplementary Information:

1. 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 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 1987, EPA delegated authority to designate Sole Source Aquifers to

EPA Regional Administrators.

On April 23, 1993, Sarah Sykes submitted a petition for Sole Source

Aquifer Designation to EPA Region 9. After Sarah Sykes submitted

additional information pursuant to EPA's request, EPA determined the

petition to be complete on September 29, 1993. EPA conducted a public

hearing on Molokai, Hawaii on January 6, 1994. The public comment

period on the petition closed on January 21, 1994.

II. Basis for Determination

The factors to be considered by the Regional Administrator in the

designation of an area under section 1424(e) of the Safe Drinking Water

Act 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 the information available to EPA, the Regional

Administrator has made the following findings which are the basis for

the determination:

1. The aquifer underlying Molokai currently serves as the sole or

principal source of drinking water for the residents of the island.

2. Contamination of the aquifer would create a significant hazard

to public health. There is no economically feasible alternative

drinking water source or combination of sources near the designated

area. Potential sources of contamination include: cesspools, landfills,

and highway accidents.

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 Groundwater Protection, 1987).

III. Description of the Molokai Sole Source Aquifer

The Molokai Sole Source Aquifer underlies the entire island of

Molokai, Maui County, Hawaii. The aquifer is largely constituted by

igneous rocks formed by numerous lava flows. Fresh to brackish

groundwater flows within the igneous rocks in a lens-shaped

configuration under Molokai. Lateral groundwater flow is locally

impounded by near vertical dikes. These dikes form relatively

impermeable compartments of groundwater at elevations above the island-

wide lens. Yields from wells on Molokai range from 0.5 to 1.8 million

gallons per day.

IV. Information Used in the Determination

The information used in the determination includes the petition and

the amended petition as submitted by Sarah Sykes. In addition, the

determination is based on EPA's ``Technical Support Document.'' The

Technical Support Document is based on reviews of hydrogeologic studies

conducted on Molokai. These documents are available to the public and

may be inspected during business hours at the EPA, Water Management

Division, 75 Hawthorne Street, San Francisco, California.

V. Project Review

EPA region 9 will seek to work with the Federal agencies that may

in the future provide financial assistance to projects within the

boundaries of the Molokai 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 Molokai 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 groundwater

quality of the aquifer.

VI. Summary of Public Comments

EPA received six letters during the comment period. Sixteen people

spoke at the public hearing at Kaunakakai, Molokai, Hawaii on January

6, 1994. Of those who expressed an opinion, six supported the

designation of a Sole Source Aquifer for Molokai, whereas one opposed a

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 EPA, Water Management Division, 75 Hawthorne

Street, San Francisco, California.

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 term ``small entity'' shall have

the same meaning as given in Section 601 of the RFA. This action is

only applicable to the area within the boundaries of the Molokai Sole

Source Aquifer. 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;

accordingly, the number of affected small entities will be minimal.

For those small entities which may be subject to review, the impact

of this action will not be significant. For most projects subject to

this review, a ground water impact assessment will be required pursuant

to other federal laws, such as the National Environmental Policy Act,

as amended (NEPA), 42 U.S.C. 4321, et seq. Integration of those related

reviews 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

``significant'' and therefore subject to the requirement of a

Regulatory Impact Analysis. This regulation is not significant 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. This action only

affects the area within the boundaries of the Molokai Sole Source

Aquifer. As a result of this action, no commitment of 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.

Dated: April 14, 1994.

John Wise,

Acting Regional Administrator.

[FR Doc. 94-10551 Filed 5-3-94; 8:45 am]

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