813R87101
United States
Environmental Protection
Agency
Office of
Ground-Water Protection
Washington, D.C. 20460
February 1987
Water
vvEPA
Sole Source Aquifer
Designation
Petitioner Guidance
U.S. Environmental Protection Agency
Region V, Library
230 South Dearborn Street
Chicago, Illinois 60604
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This document was prepared
with the assistance of
Booz, Allen & Hamilton Inc.
Under Contract No.
68-03-3304
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SOLE SOURCE AQUIFER DESIGNATION
PETITIONER GUIDANCE
TABLE OF CONTENTS
Page
CHAPTER Number
1.0 Introduction 1
2.0 Overview Of Petition Processing 3
3.0 Phase I - Petition Preparation 6
4.0 Phase II - Initial Petition Review/ 27
Determination Of Completeness
5.0 Phase III - Detailed Review/Technical 28
Verification
6.0 Phase IV - Designation Determination 30
EXHIBITS
2-1 Sole Source Aquifer Designation Decision 4
Process
3-1 Areas Related to Sole Source Aquifers 7
3-2 Current Drinking Water Sources Matrix 9
3-3 Alternative Drinking Water Sources 12
Matrix
3-4 Alternative Drinking Water Sources Matrix - 16
Petitioned Aquifer Not A Principal
Source
3-5 Alternative Drinking Water Sources Matrix - 17
Petitioned Aquifer a Principal Source
3-6 Suggested Petitioner Identifying Information 19
Format
3-7 Schematic of Streamflow Source Area 25
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APPENDICES
A. Sole Source Aquifer Definitions
B. SSA Fact Sheet
C. Sources of Technical Information
D. EPA Regional Contacts
E. Completeness Determination Checklist
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1.0 INTRODUCTION
1.1 Purpose and Use of this Guidance
The purpose of this guidance is to aid potential Sole
Source Aquifer (SSA) petitioners to prepare and submit SSA
designation petitions to the Environmental Protection Agency
(EPA) Regional Offices in a complete and timely fashion.
Petitioner questions not addressed in this guidance should be
directed to the appropriate EPA Regional Office.
This guidance is divided into six chapters. Following this
introductory chapter, Chapter 2 presents an overview of the
designation decision process, from initial petitioner inquiries
to the Regional Administrator's (RA) designation
determination. Chapter 3 details the petition contents and
gives instructions on where to submit the information.
Chapters 4 through 6 provide information on EPA's procedures
from initial petition review to the designation determination.
The appendices, referenced in the guidance, provide
additional background information for the petitioner. The
terms and definitions used in this guidance are found in
Appendix A. The SSA Fact Sheet, containing general information
about the program, is found in Appendix B. Sources of
technical information to be used in completing the petition are
listed in Appendix C. Appendix D lists the EPA Regional Office
contacts for the SSA program and the States included in each
EPA Region. The Completeness Determination Checklist, which
EPA intends to use to determine if a petition is complete, is
included as Appendix E.
1.2 The Sole Source Aquifer Program
The Sole Source Aquifer program was established under
Section 1424(e) of the Safe Drinking Water Act (SDWA) of 1974.
This section authorizes the EPA Administrator to determine that
an aquifer is the "sole or principal" source of drinking water
for an area. The program also provides for EPA review of
Federal financially-assisted projects planned for the area to
determine their potential for contaminating the aquifer. Based
on this review, no commitment of Federal financial assistance
may be made for projects "which the Administrator determines
may contaminate such aquifer," although Federal funds may be
used to modify projects to ensure that they will not
contaminate the aquifer. As of October 1986, there were
twenty-one designated SSAs nationwide.
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The SDWA Amendments, enacted June 19, 1986, established an
SSA Demonstration Program, which is separate from, but
dependent upon, the SSA program. The SSA Demonstration Program
establishes procedures for developing, implementing and
assessing demonstrations designed to protect critical aquifer
protection areas (CAPAs). A CAPA is an area that :
must be located within an area designated as a Sole
Source Aquifer by June 19, 1986 and has a Clean Water
Act, Section 208, ground-water quality protection plan
approved prior to that same date; or
must be located within an area that is designated as a
Sole Source Aquifer no later than June 19, 1988, and
which satisfies the CAPA criteria EPA must establish
by June 19, 1987.
1.3 Qualified Petitioners
Any individual, corporation, company, association,
partnership, State, municipality or Federal agency is qualified
to petition for SSA designation.
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2.0 OVERVIEW OF PETITION PROCESSING
2.1 Overview of the Process
The SSA petition review process consists of four phases, as
shown in Exhibit 2-1. The petitioner's responsibility in each
of these four phases is described in general in the following
sections. A more detailed description of the activities
suggested for each phase is included in chapters 3-6 of this
guidance package.
2.1.1 Phase I - Petition Preparation
The petitioner should use this guidance to prepare a
petition for submission and should contact the appropriate EPA
Regional Office to obtain additional information about the SSA
program and the designation decision process. If the
petitioner has not already received a Fact Sheet, a copy is
included in this guidance as Appendix B. The petitioner is
responsible for providing a complete petition and the
information EPA needs for making its determination. This phase
ends when the petitioner submits the petition to EPA.
2.1.2 Phase II - Initial Petition Review/Completeness
Determination
During Phase II, EPA conducts a completeness review to
determine if the petition contains plausible, up-to-date
information. If EPA determines that the petition is complete,
the petitioner will be notified, and the petition proceeds to
the more rigorous technical verification phase. If it is
incomplete, EPA will return the petition to the petitioner with
a Notice of Deficiencies. The petitioner should supply
additional information, as indicated in the Notice, before
processing can continue.
2.1.3 Phase III - Detailed Review/Technical Verification
The two major objectives of this phase are:
To verify that the aquifer is the sole or principal
source of drinking water for the people who live in
the area served by the aquifer (aquifer service area),
and
To verify or modify, as appropriate, the boundaries of
the designated area and the project review area.
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During the course of reviewing the petition, EPA may
determine that the water use data and/or hydrogeological or
other data are insufficient to determine whether the aquifer is
the sole or principal source and/or whether the boundaries of
the various areas are correct. If this is the case, EPA will
ask the petitioner to supply additional data. This phase ends
when EPA staff send a recommendation for petition approval or
denial to the Regional Administrator.
2.1.4 Phase IV - Designation Determination
The Regional Administrator should either approve or deny
the SSA petition. The criterion for designating an aquifer as
a Sole Source Aquifer is whether it is needed to supply 50% or
more of the drinking water for the aquifer service area. EPA
may also modify the boundaries of the designated area and/or
project review area, as appropriate.
EPA should inform the petitioner directly of the
designation determination, and the designation determination
should be published in the Federal Register.
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3.0 PHASE I - PETITION PREPARATION
3.1 Purpose
The purpose of this chapter is to aid the petitioner in
preparing a complete petition. Section 3.2 includes the steps
which should be taken to determine whether the aquifer is the
sole or principal source of drinking water and to delineate
boundaries of the various areas included in the petition.
Section 3.3 outlines the information that the petitioner should
provide to EPA after completing the steps in Section 3.2.
Section 3.4 gives instructions for submitting petitions.
3.2 Steps to Determine Sole or Principal Source and to
Delineate Boundaries of Petitioned Areas
The petitioner should complete the following steps to
determine whether the aquifer is the sole or principal source
of drinking water. The petitioner also should delineate the
boundaries of the various areas included in the petition.
Exhibit 3-1 is a schematic representation of how the various
areas may relate to one another.
3.2.1 Delineate the Aquifer Boundaries
A petitioner may request designation for part of an
aquifer, an entire aquifer or an aquifer system. This follows
from the definition of an aquifer as a geological formation,
group of formations or part of a formation capable of yielding
a significant amount of water to a well or spring. A
petitioner can petition for part of an aquifer if that portion
is hydrogeologically separated from the rest of the aquifer. A
petitioner can petition for an aquifer system to the extent
that all aquifers in the system are hydrogeologically
connected. The aquifer should be capable of supplying a well
with approximately 150 gallons of water per day.
3.2.2 Delineate the Boundaries of the Aquifer Service Area
This area is the area for which the petitioned aquifer must
be the sole or principal source of drinking water. The aquifer
service area is the area above the aquifer, previously
determined; it also includes the area where the entire
population served by the aquifer lives. Areas that are above
the aquifer but are not served by the aquifer should be
included in the aquifer service area.
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EXHIBIT 3-1
AREAS RELATED TO SOLE SOURCE AQUIFERS
\
Aquifer - Geological formation, group of formations or part of a formation which is capable
of yielding a significant amount of water to a well or spring.
Aquifer service area - Areal extent above the aquifer and including those lands where the
entire population served by the aquifer live.
Designated area - Surface area above the aquifer and its recharge area(s).
(Boundaries are contiguous with those of recharge area)
Streamflow source area - Upstream headwaters area of losing streams that flow into the
recharge area.
Project review area - Area within which Federal financially-assisted projects will be reviewed,
which includes the designated area and all or a portion of the streamflow source area(s).
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3.2.3 Determine Whether the Aquifer is the Sole or
Principal Source of Drinking Water
"Sole or principal" means that the aquifer is needed to
supply 50% or more of the drinking water for the aquifer
service area, and that the volume of water which could be
supplied by alternative sources is insufficient to replace the
petitioned aquifer should it become contaminated.
An alternative source of drinking water is any surface
water or ground water near the aquifer service area which is
currently used, or has the potential to be used, as a drinking
water supply. "Near" is defined as within a distance which is
normal to the local area for tapping into a water source. In
addition, any source for which steps have been taken to use the
water from the source should be considered "near." These steps
include such things as having an application pending for right
of use or a commitment of funding for constructing a pipeline
or treatment plant.
The petitioner should complete the following steps to
determine if the petitioned aquifer is the sole or principal
source of drinking water for the aquifer service area.
Step 1 - Identify all current sources of drinking
water which supply water to the aquifer service area.
Step 2 - Complete the "Current Drinking Water Sources"
matrix. Determine the average daily volume of
drinking water supplied to the aquifer service area by
each source identified above and by the petitioned
aquifer. The average daily volume should be adjusted
for seasonal variations. Then determine the percent
of the total volume of drinking water supplied by each
source. Complete the "Current Drinking Water Sources"
matrix (Exhibit 3-2) with these percentages.
The total for all sources must equal
100 percent. If the petitioned aquifer supplies 50%
or more of the drinking water, proceed to step 3. If
it does not, the aquifer is not a sole or principal
source of drinking water, and the petition process
should be discontinued.
Step 3 - Identify all potential alternative sources of
drinking water which could supply drinking water to
the aquifer service area. A potential source is any
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surface water or ground water near the aquifer service
area which could potentially be used as a source of
drinking water. "Near" is defined as being within a
distance normal to the local area for tapping into a
water source. For example, if several surrounding
communities of the same size have 2-3 mile pipelines
leading to rivers or reservoirs, "near" would be
defined as 2-3 miles. Any source for which steps have
been taken for use, such as an application for right
of use or a commitment of funds, should be considered
"near."
Step 4 - For each potential source identified above,
determine the legal availability of the water and any
institutional constraints to using the source for
drinking water in the aquifer service area.
Institutional constraints are legal or administrative
restrictions that preclude replacement water delivery
and may not be alleviated through administrative
procedures or market transactions. Such constraints
limit access to alternative water sources and may
involve legal, administrative, or other controls over
water use.
EPA has placed potential institutional
constraints into three categories:
(a) Probably Binding constraints which
include treaties, agreements among states,
and decisions by the U.S. Supreme Court that
are not capable of being revised through
market transactions or simple administrative
processes.
(b) Constraints which may possibly be
binding such as when market transactions
or simple administrative processes may not
be able to provide an alternative source of
water (e.g., limits on the source or amount
of water that are created by State law).
(c) Constraints unlikely to be binding when
market transactions or simple administrative
processes usually can ensure access to an
alternative source of water.
Step 5 - Eliminate from consideration all potential
sources from which water is not legally available or
on which there are other institutional constraints,
that is, those which fall into categories (a) and (b)
above.
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Step 6 - Determine if the remaining potential sources,
and current sources which can provide additional
water, are capable of providing sufficient drinking
water to replace the aquifer. Complete the
"Alternative Drinking Water Sources" matrix,
Exhibit 3-3, as follows:
Determine the current average daily volume of
drinking water supplied by the petitioned
aquifer; this .should be the same figure used in
Step 2. Complete line A, "Petitioned Aquifer
Supply."
- Estimate the potential daily supply of each
potential source and any increment from each
current source. The petitioner may:
Contact the U.S. Geological Survey or State
water resources agency for water quantity
data on streams, lakes and aquifers. These
data should be in gallons per day. For some
streams, the U.S. Geological Survey can
provide information on flows and other
characteristics from which gross estimates
can be calculated.
Contact an expert who is familiar with the
geographic area and has a background in
hydrology and hydraulics, to develop a
report on the estimated daily supply of the
alternative source.
For each source, complete "Estimated Daily
Supply."
- Add the Estimated Daily Supply of all potential
sources and increments from current sources,
except for the petitioned aquifer. Complete
line E, "Total."
Compare the Total Estimated Daily Supply (E),
determined above, to the Petitioned Aquifer
Supply (A). If (E) is equal to or greater than
(A), proceed to the next step. If (E) is less
than (A), there is no need to further evaluate
the potential sources, since the criterion for
sole or principal source has been met, i.e., the
volume of water supplied by alternative sources
is insufficient to replace the petitioned aquifer,
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Step 7 - For all remaining potential sources,
determine whether it is economically feasible for the
sources to deliver water of the same or better quality
than that of the petitioned aquifer. It is assumed
that there would be no significant cost associated
with using additional water from current sources.
The economic feasibility of using the potential
sources should be evaluated in terms of whether use of
the sources would present an unusual economic burden
to the community. There are two ways the economic
burden can be assessed. The first is to compare the
cost of using the sources to the water use costs paid
in nearby communities with approximately the same
income level as the population in the aquifer service
area.
The second, more quantitative method, is to
determine the annual system cost to a typical user
after incorporating the potential sources. If this
cost exceeds 0.4 to 0.6% of the mean household income
in the area, use of the sources can be considered to
be economically infeasible.
Determining whether use of the potential water
sources is economically infeasible will require that a
rough estimate of the costs of the potential water
systems be generated. These costs should then be
compared to household income to determine the relative
"burden" of a new water system should the aquifer have
to be replaced.
Following is a list of the major replacement cost
items, categorized according to the type of cost
incurred: capital costs, operation and maintenance
(O&M) costs, and others. Approximations of these
costs will suffice for the purposes of determining
economic feasibility:
- Capital Costs:
Well field development
Raw water intake structure (wells)
Water treatment facility
Pumping stations
Storage
Transmission system
Rights-of-way
Land
Relocation of utilities
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O&M Costs:
Labor, equipment
Utilities
Parts/inventory
Administration
Monitoring/analysis
Other Costs:
Architectural and engineering fees
Legal and administrative fees.
There are ample sources of information that may
be used for estimating costs. These include Federal
and State agencies, architectural and engineering
consulting firms (A/E firms), trade associations, and
local water utilities (ACT Systems, Inc., 1977, 1979;
Temple, Barker and Sloane, Inc., 1982; AWWA, 1981).
Costs can vary somewhat from one region of the country
to another. For purposes of determining economic
feasibility, only a general estimate is needed and,
initially, there is no need to undertake a detailed
cost estimation study.
Various EPA reports on water supply and
waste-water treatment are also a good source of
information on costs (e.g., Gulp, et al, 1978). The
results of such studies are presented in the form of
tables and cost curves, subdivided into construction
costs and O&M costs. This data can be updated simply
to allow for inflation and geographical variations by
energy and labor costs.
Another useful data source is the NWWA Nationwide
Water Well Drilling Cost Survey (NWWA, 1979). The
results of this survey are summarized in the form of
tables giving drilling, as well as casing costs, as a
function of the well diameter, hydrogeologic
conditions and other factors. Although this survey
dates back to 1979, it is the most recent available
from NWWA. The data in the survey should be escalated
to account for inflation. Cost indices published
quarterly by Engineering News Record give a very
recent indication of construction, operation, labor
and other costs.
Step 8 - The potential sources which the petitioner
has determined are capable of providing drinking water
of the same or better quality as the petitioned
aquifer at a reasonable cost should now be considered
alternative sources.
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Step 9 - Complete the matrix, "Alternative Drinking
Water Sources" again, using any additional supplies
from current sources of drinking water and each source
which has been determined to be an alternative source,
using steps 1-8 above.
Step 10 - If the Total Estimated Daily Supply (E) is
greater than or equal to the Petitioned Aquifer
Supply (A), the petitioned aquifer cannot be a sole or
principal source. This is because the volume of water
which could be supplied by alternative sources is
sufficient to replace the petitioned aquifer.
Exhibit 3-4 gives an example of this case.
Exhibit 3-5 gives an example of alternative
sources which supply less than (A), the petitioned
aquifer, indicating that the petitioned aquifer would
be a principal source.
3.2.4 Delineate Designated and Project Review Area
Boundaries
In steps 11 and 12, the petitioner should propose the
boundaries of the area for which designation is desired and the
boundaries of the area within which the petitioner wants
Federal financially-assisted projects to be reviewed. The
designated area boundary determination is critical since this
area may subsequently be used to determine the boundaries
within which a CAPA may be located.
Step 11 - Delineate the boundaries of the proposed
designated area. The designated area includes the
surface area above the aquifer and its recharge
area(s). The recharge area is the surface expression
of the area where the bulk of precipitation or surface
water replenishes the aquifer. The petitioner should
determine the boundaries of the recharge area in order
to delineate the boundaries of the designated area.
Step 12 - Delineate the boundaries of the proposed
project review area. The project review area is the
area in which Federal financially-assisted projects
will be reviewed by EPA, which includes all of the
designated area and could include all or a portion of
the streamflow source area(s). If a stream or river
contributes to aquifer recharge, the streamflow source
area should be included in the petition. The
boundaries of the project review area should be
sufficiently large to ensure adequate protection of
the ground water.
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3.3 Petition Contents
After completing the necessary steps to determine whether
the aquifer is a sole or principal source and to delineate
boundaries, the petitioner should provide EPA with the
information which was used to make these determinations. This
section describes the information the petitioner should include
in the petition to EPA.
Definitions of the terms used in this section are found in
Appendix A. Sources of technical information are listed in
Appendix C. In some cases, professional help may be required
to collect or assess the technical data.
3.3.1 Petitioner Identifying Information
This portion of the petition provides basic identifying
information about the petitioner. The suggested format for
presenting this information is shown in Exhibit 3-6. The
information requested is as follows:
Aquifer - name(s) of the aquifer as it is locally
known and its general location, such as county and
state
Petitioner - person or organization submitting the
petition
Responsible person
- If the petitioner is an individual, the
responsible person is the individual.
- If the petitioner is an organization or any other
entity, the responsible person is the head of the
organization or entity which is ultimately
responsible for the petition.
Contact - an individual who can clarify the petition
contents and supply additional information during
petition processing.
3.3.2 Narrative
The purpose of this narrative is to provide general
information about the aquifer and the surrounding area and to
assist the EPA reviewer in understanding the more detailed
hydrogeological and other technical data in subsequent
sections. The brief narrative (two to three typewritten pages)
should include:
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EXHIBIT 3-6
Suggested Petitioner Identifying Information Format
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Aquifer
Petitioner
Responsible Person
Contact
Name
Location
Name
Address
Phone Number ( )
Name
Name
Phone Number ( )
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General location of the aquifer (State, county,
township)
Ground-water dependency in the location described
above and on the particular aquifer for which
designation is requested
Availability of drinking water supplies other than the
aquifer in question
Reasons for interest in SSA designation, for example:
- Raising public consciousness about protecting
ground water through SSA designation
Interest in the SSA Demonstration Program
- Initiation of an EPA review of a planned Federal
financially-assisted project that might
contaminate the aquifer
Why the aquifer is vulnerable to contamination -
should include any known cases of contamination that
are evidence of the aquifer's vulnerability to
contamination
Quality of the ground water from the aquifer
Relationship of the petitioner to the purveyor of the
water supply in the aquifer service area.
3.3.3 Sole or Principal Source Data
The information in this section should be provided in order
to demonstrate that the aquifer is the sole or principal source
of drinking water for the aquifer service area. In order to
make this decision, EPA should have information that indicates
that the petitioned aquifer is needed to supply 50% or more of
the drinking water used in the aquifer service area and that
there are no reasonably available alternative sources to the
aquifer. The following information is requested:
Aquifer service area - a description and a map clearly
delineating the boundaries of the area above the
aquifer and including the area where all of the people
who are served by the proposed Sole Source Aquifer
live.
Population - two figures should be provided: (1) the
entire population of the aquifer service area,
regardless of its source of drinking water, and (2)
the population within the aquifer service area that is
actually served by the proposed Sole Source Aquifer.
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Sources of drinking water/public water supply systems
that currently supply water to the aquifer service
area - these sources have been identified in Section
3.2.3, Step 1. The petitioner should submit the
"Current Drinking Water Sources" matrix, completed in
Section 3.2.3, Step 2. In addition, for each source
in the matrix, the petitioner should provide the
following:
- Narrative description for all sources except the
proposed Sole Source Aquifer
- Sources or method of calculating water use
percentages for each source shown in the matrix,
(for example, 150 gallons per day/household)
where municipal/commercial supply figures are not
available
- Explanation of seasonal variations, if any
- Explanation of actual use versus potential
capacity
- Explanation of why the source is not used
currently to its full capacity, such as mandates
within a watershed restricting use of the water
to a given area, lack of additional supply
available to a proposed area or use of the source
as an emergency supply only.
Potential sources - For each potential alternative
source of drinking water considered by the petitioner,
the following information should be supplied:
Narrative description, including location in
relation to the aquifer service area
- Explanation of why the source is not used
currently
- Explanation of any legal or institutional
constraints restricting use of the source
"Alternative Drinking Water Sources" matrix,
completed in Section 3.2.3, Step 6
- Explanation of how the estimated daily supply was
calculated, including all supporting data and
documentation (to be provided for all sources
which are still under consideration following the
legal constraints evaluation)
-21-
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- Explanation of what would be necessary to
transfer petitioned aquifer users to this source,
e.g., building of treatment and distribution
facilities (to be provided for all sources which
can supply adequate quantity, as determined above)
- Estimated cost to provide water of comparable
quality from the sources and methods used to
determine cost (to be provided for all sources
included in the previous paragraph)
- Explanation of why use of the sources were
determined to be economically infeasible or
incapable of supplying water of comparable
quality to that of the petitioned aquifer (if
applicable)
"Alternative Drinking Water Sources" matrix,
completed in Section 3.2.3, Step 9 (if
applicable).
3.3.4 Boundary Information
Sufficient hydrogeological data are necessary for EPA to
verify the boundaries of the aquifer, the designated area and
the project review area and will give EPA a general
understanding of the hydrogeological system. Requested
hydrogeological information includes:
Aquifer and its location
- Narrative description of the locale including:
.. Topography
Climate
Geology
Ground-water use and occurrence
- Delineation of the aquifer's boundaries on
detailed topographic maps. USGS 7.5- and
15-minute quadrangles are readily available and
adequately detailed for this purpose. If the
number of sheets involved becomes too cumbersome,
consideration should be given to photographic
reduction of the maps to a more workable scale or
to the use of 1:100,000 or 1:250,000 scale maps
- Description and diagrams of hydrology and
hydrogeology including:
Delineation (plane view) of the aquifer and
non-aquifer units
-22-
-------
Longitudinal and transverse geologic cross
sections depicting the aquifer, including
such things as lateral extent, types of
materials (lithology) and thickness
Data or estimates concerning aquifer
characteristics such as porosity, hydraulic
conductivity, direction of ground-water
flow, well yields
- Description of discharge or ground-water
withdrawal from the aquifer, for example:
Wells (drinking, irrigation, industrial)
Springs
Stream baseflow
Maps showing water table contours or
potentiometric surfaces, springs and surface
water pathways.
Recharge area(s)
- Delineation of recharge area(s) on the
topographic maps
- Description of methods used to determine recharge
area(s), for example:
Assessment of topographic, geologic or
hydrogeologic maps
Review and assessment of regional and
sub-regional ground-water flow system(s) data
Data obtained from field studies based on
isotopic dating techniques, observation well
networks, tracer tests, etc.
Numerical simulation of regional flow
- Description and location of natural and
man-induced aquifer recharge such as
precipitation, snow melt, unlined surface
impoundments, septic fields and land disposal of
sewage effluent, irrigation, injection of fluids
and injection wells.
-23-
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Streamflow source area(s)
If there is a stream or river above the aquifer and
its recharge area(s), the petitioner should either include
information on the streamflow source area or explain why it
has not been included.
The identification of a losing stream and evaluation
of its contribution to ground-water recharge may be more
involved than for the aquifer and its recharge area(s). In
arid regions, streams that emerge from mountainous areas
may contribute nearly all of their flow to ground water in
downgradient desert basins. In humid regions, streams
typically receive ground water throughout the year;
however, local pumping of an aquifer may lower the water
table, resulting in ground-water recharge by surface
water. The relationship between surface water and ground
water varies on both a spatial basis (along the length of a
stream) as well as on a temporal one (dependent on the
season). Therefore, the delineation of the streamflow
source area(s) may require the assessment of considerable
technical data as well as a good deal of professional
expertise. If specific data are lacking, the petitioner
should state this and indicate the basis for delineation of
the streamflow source area. If the streamflow source area
is not included in the project review area, the petitioner
should explain why. If it is included, the following
information is requested:
- Delineation of the streamflow source area(s) on
detailed topographic maps, including location of
losing streams if such streamflow demonstrably
contributes to the aquifer through these areas
- Explanation of methods used in determining
streamflow contributions
- Streamflow characteristics, including delineation
of gaining and losing portions of streams.
A schematic of a streamflow source area is presented in
Exhibit 3-7.
Designated Area
The hydrogeological data for this area should already
have been provided in the descriptions of the surface area
above the aquifer and the recharge area(s). The proposed
boundaries of the designated area should be delineated on a
topographic map.
-24-
-------
EXHIBIT 3-7
SCHEMATIC OF STREAMFLOW
SOURCE AREA
STREAMFLOW
SOURCE AREA
-25-
-------
Project Review Area
The hydrogeological data for this area should already
have been provided in the descriptions of the designated
area and of the streamflow source area(s), if appropriate.
The proposed boundaries should be delineated on a
topographic map.
3.4 Petition Submission
The petition should be typed and double-spaced. The
petitioner should submit four copies of the petition to the EPA
Regional Office appropriate for the state within which the
petitioned area is located. Two of these copies should contain
original maps or diagrams if copies of these would not
reproduce all necessary colors. The addresses of EPA Regional
offices and the States within each Region can be found in
Appendix D.
-26-
-------
4.0 PHASE II - INITIAL PETITION REVIEW/
DETERMINATION OF COMPLETENESS
4.1 Purpose
Phase II, conducted by EPA Regional Office staff, is
designed to ensure that petition information is adequate to
perform the technical verification in Phase III.
4.2 EPA Acknowledgement
Upon receipt of a petition, EPA should notify the
petitioner in writing.
4.3 Initial Review/Determination of Completeness
The EPA reviewer should determine if the petition includes
a plausible and up-to-date response to each of the petition
requirements as outlined in Section 3.3. The reviewer should
use a Completeness Determination Checklist, Appendix E, to
conduct this review.
4.3.1 Complete Petition
If the EPA reviewer determines that the petitioner's
responses are plausible and up-to-date, EPA intends to notify
the petitioner of the initiation of technical verification.
Acceptance at this point does not necessarily mean that EPA
will not request additional data from the petitioner at a later
point; it also does not guarantee that designation is
forthcoming.
4.3.2 Incomplete Petition
If EPA determines that the petition is incomplete, the
petition should be returned to the petitioner with a Notice of
Deficiencies outlining the information that should be provided
before EPA can perform the technical verification. The
petitioner should correct the deficiencies and resubmit the
petition for another completeness determination review. This
process should be repeated until the petitioner submits a
petition deemed complete by EPA.
4.4 Public Participation Announcement
After EPA has determined that the petition is complete, it
should announce an opportunity for public hearing concerning
the potential designation. Information about the hearing and
the opportunity for comment will appear in the local media, and
EPA should notify the petitioner directly.
-27-
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5.0 PHASE III - DETAILED REVIEW/TECHNICAL VERIFICATION
5.1 Purpose
The purpose of this phase, conducted by EPA Regional Office
staff, is to:
Verify the boundaries of the aquifer and the aquifer
service area
Verify that the aquifer is the sole or principal
source of drinking water for the defined aquifer
service area
Verify or modify, as appropriate, the boundaries of
the following areas, based on information contained in
the petition:
- Designated area, including the recharge area(s)
- Project review area, including the streamflow
source area(s), as appropriate.
Call for, and incorporate into the process, public
comments regarding the designation
Make a recommendation to the Regional Administrator
regarding designation of the aquifer.
5.2 Technical Review
During the technical review process, the EPA reviewer may
determine that technical data are insufficient to complete
technical verification. If this is the case, EPA should inform
the petitioner that additional technical data are needed. The
petitioner should collect the additional information and supply
it to EPA, ideally prior to the public hearing. In most cases
the public hearing should be held even if the additional
information is not available prior to the hearing.
5.3 Public Participation
EPA should hold a public hearing if there is substantive
interest and should accept written comments regarding the
potential designation. The public comment period may yield new
information about the aquifer. The public hearing may be
cancelled if there is a lack of sufficient public interest.
However, in all cases, EPA should consider all written comments
it receives during the comment period.
-28-
-------
5.4 Recommendation
EPA staff should make a recommendation for petition
approval or denial to the Regional Administrator, based on the
review of the petition and public comments.
-29-
-------
6.0 PHASE IV - DESIGNATION DETERMINATION
6.1 Purpose
In this phase, the Regional Administrator will make a
determination regarding the SSA petition. This determination
marks the end of the designation process.
6.2 Determination
The Regional Administrator should approve or deny the
petition based on the petition itself, public comments and the
EPA staff's recommendations. The RA usually should act within
30 days following the RA's receipt of the appropriate materials
6.3 Federal Register Notice of Determination
The RA's determination should be published in the Federal
Register. The petitioner should be informed in writing of the
determination.
-30-
-------
APPENDICES
-------
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APPENDIX B
U.S. ENVIRONMENTAL PROTECTION AGENCY
DESIGNATION OF SOLE SOURCE AQUIFERS
What is a Sole Source Aquifer?
A Sole Source Aquifer (SSA) is an aquifer designated by EPA as the "sole or
principal source" of drinking water for a given aquifer service area; that is, an
aquifer which is needed to supply 50% or more of the drinking water for that
area and for which there are no reasonably available alternative sources
should the aquifer become contaminated.
What are the benefits of having EPA designate an aquifer as a Sole Source
Aquifer?
Proposed Federal financially-assisted projects which have the potential
to contaminate the SSA area will be subject to EPA review. This review
could either prevent a commitment of Federal funding or cause a
redesign of the project. Designation has no effect on proposed projects
which do not receeive Federal financial assistance such as projects
funded by State, local or private concerns.
SSA designation is a prerequisite for a State or municipality to qualify for
consideration for funding under a separate EPA program, the SSA
Demonstration Program.
Who may apply for Sole Source Aquifer designation?
Any person may apply for SSA designation. A "person" is any individual,
corporation, company, association, partnership, State, municipality or Federal
agency.
Where should petitions be sent?
A petition should be submitted to the Regional Administrator of the appropriate
regional office.
What should be included in the Sole Source Aquifer petition?
The petition should include sufficient technical information to allow EPA to
determine whether the aquifer is the sole or principal source of drinking water
and to substantiate the boundaries of the aquifer and its recharge area.
-------
APPENDIX B (2)
Who is responsible for providing the necessary hydrogeological and other
technical information needed for designation?
The petitioner is responsible for providing the necessary hydrogeological and
other information needed for designation.
What are the steps involved in processing a Sole Source Aquifer designation
petition?
There are four phases in making a designation decision:
Petition Preparation (Petitioner)
Initial Review/Completeness Determination (EPA)
Detailed Review/Technical Verification (EPA)
Designation Determination (EPA)
How long does the designation decision process take?
As a general rule, the designation decision process takes a minimum of six
months from the time the petitioner submits a complete petition to the time EPA
makes a determination. The process may take longer, depending on the
complexity of the petition.
What is the deadline for submission of the Sole Source Aquifer petition?
In general, there is no deadline. For those petitioners interested in the separate
SSA Demonstration Program, however, the SSA petition should be submitted
by December 1,1987. EPA is suggesting this date because there is a
statutory SSA designation deadline of June 1988 in order to qualify for SSA
Demonstration Program consideration, and EPA estimates the minimum SSA
petition review time to be six months. It is unlikely that EPA could make SSA
determinations before the June deadline for petitions submitted after December
1, 1987.
Where may additional information be obtained ?
More detailed information about the SSA petition requirements and the
designation process is included in the "Sole Source Aquifer Designation
Petitioner Guidance" available from the appropriate Regional Office.
-------
APPENDIX C
SOURCES OF TECHNICAL INFORMATION
SOURCE
United States Geological Survey (USGS)
State Geological Survey or Water
Resources Agency
Soil Conservation Service or
University Extension Service
State environmental agency
State and local health departments
Local or regional planning agency
Local water authority
TYPE OF INFORMATION
Hydrogeological
information regarding
aquifers, recharge and
streamflow source areas
Same as above
Soil information
Incidence of aquifer
contamination, aquifer
maps
Estimate of the number
of private wells within
the area, as issued by
permit
Clean Water Act, Section
208 reports on water
quality, census data,
topographic information,
geologic information
Estimate of the number
of people using public
water supplies
-------
APPENDIX D
EPA REGIONAL CONTACTS
Region I
Robert Mendoza
Office of Ground Water Protection
U.S. EPA
JFK Federal Building,
Room WGP-2113
Boston, MA 02203
(617) 565-3600
Connecticut, Maine,
Massachusetts, New
Hampshire, Rhode Island,
Vermont
Region II
John Maileek
Office of Ground Water Management
U.S. EPA
26 Federal Plaza
New York, NY 10278
(212) 264-5635
New Jersey, New York,
Puerto Rico, Virgin Islands
Region III
Tom Merski
Ground Water Protection Branch
U.S. EPA
841 Chestnut Building
Philadelphia, PA 19107
(215) 597-2786
Delaware, Maryland,
Pennsylvania, Virginia,
Washington, D.C., West
Virginia
Region IV
E. Stallings Howell, Chief
Ground-Water Technology and
Management Section
U.S. EPA
345 Courtland Street, NE
Atlanta, GA 30365
(404) 347-3866
Alabama, Florida, Georgia,
Kentucky, Mississippi, North
Carolina, South Carolina
Region V
Jerri-Anne Garl
Office of Ground Water
U.S. EPA
230 South Dearborn Street
Chicago, IL 60604
(312) 886-1490
Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin
Region VI
Don Draper, Chief
Office of Ground Water
U.S. EPA
1445 Ross Ave.
Dallas, TX 75202-2733
Arkansas, Louisiana, New
Mexico, Oklahoma, Texas
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APPENDIX D (2)
Region VII
Timothy Amsden
Office of Ground Water Protection
U.S. EPA
726 Minnesota Avenue
Kansas City, KS 66101
(913) 236-2815
Iowa, Kansas, Missouri,
Nebraska
Region VIII
Richard Long
Ground-Water Coordination Office
U.S. EPA
One Denver Place
999 18th Street, Suite 500
Denver, CO 80202-2405
Colorado, Montana, North Dakota,
South Dakota, Utah, Wyoming
Region IX
Pat Eklund
Office of Ground Water
U.S. EPA
215 Fremont Street
San Francisco, CA 94105
(415) 974-0831
American Samoa, Arizona,
California, Guam, Hawaii,
Nevada
Region X
William Mullen
Office of Ground Water
U.S. EPA
1200 Sixth Avenue, WD-139
Seattle, WA 98101
(206) 442-1086
Alaska, Idaho, Oregon,
Washington
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APPENDIX E
COMPLETENESS DETERMINATION CHECKLIST
I. Petitioner Identifying Information
All items on the suggested petitioner
identifying information format should be
completed (see Exhibit 3-6). Attach a
completed copy of the format to this
checklist.
II. Narrative
A reasonable response for each of
the following topics should be
included. Each topic should be
described in approximately one
paragraph:
General location of the aquifer
Ground-water dependency in the
area and on the particular
aquifer for which designation
is requested
Availability of other public
water supplies
Reasons for interest in SSA
designation
Why the aquifer is vulnerable
to contamination
Quality of the water from
the aquifer
Relationship of the petitioner
to the purveyor(s) of the
water supply.
NOT
INCLUDED INCLUDED
-------
APPENDIX E (2)
COMPLETENESS DETERMINATION CHECKLIST
III. Sole or Principal Determination
Information should be sufficient to
determine whether the aquifer is the
sole or principal drinking water
source for the aquifer service area.
A. Aquifer service area
1. Description of the aquifer
service area
2. Map delineating the boundaries
of the aquifer service area
B. Population
1. Total population within
the aquifer service area
2. Population served by
the aquifer
NOT
INCLUDED INCLUDED
-------
APPENDIX E (3)
COMPLETENESS DETERMINATION CHECKLIST
III. (continued)
NOT
INCLUDED INCLUDED
C. Current Sources of
Drinking Water
1. Information similar to that
requested on the "Current
Drinking Water Sources"
matrix
A brief, narrative description
of each current source, with the
method(s) used for calculating
the percentages used
in the matrix
3. Explanation of seasonal
variations
4. Explanation of actual use
versus potential capacity
5. Explanation of why the source
is not used currently to its
full capacity
-------
APPENDIX E (4)
COMPLETENESS DETERMINATION CHECKLIST
III. (continued)
NOT
INCLUDED INCLUDED
D. Alternative Sources of Drinking Water
1. Information similar to that
requested on the first
version of the "Alternative
Drinking Water Sources"
matrix
Information similar to that
requested on the second
version of the "Alternative
to Drinking Water Sources"
matrix
-------
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-------
APPENDIX E (6)
COMPLETENESS DETERMINATION CHECKLIST
NOT
INCLUDED INCLUDED
IV. Hydroqeological Data
Information should be sufficient
for EPA to verify the boundaries
of the areas in question and to give
EPA a general understanding of
the system.
A. Aquifer and its location
1. Narrative description of
the locale, including
topography, climate,
geology, ground-water
use and occurrence
Delineation (plane view) of
aquifer's boundaries on USGS
7.5- or 15-minute quad topo-
graphic maps; delineation of
very large aquifer areas
(greater than 1,000 mi2)
on 1:100,000 scale maps
3. Detailed (as necessary)
descriptions and diagrams
of the aquifer's hydrology
and hydrogeology including:
-------
APPENDIX E (7)
COMPLETENESS DETERMINATION CHECKLIST
IV. A (continued)
NOT
INCLUDED INCLUDED
Delineation of the
aquifer and non-aquifer
units
Longitudinal and trans-
verse geologic cross
sections depicting the
aquifer
Data or estimates
concerning aquifer
characteristics such as
porosity, hydraulic
conductivity, direction
of ground-water flow,
well yields
4. Description of discharge
or ground-water withdrawal
from the aquifer,
for example:
Wells (drinking, irriga-
tion, industrial)
Springs
Stream baseflow
Maps showing water
table contours or
potentiometric
surfaces, springs and
surface water pathways
-------
APPENDIX E (8)
COMPLETENESS DETERMINATION CHECKLIST
IV. (continued)
NOT
INCLUDED INCLUDED
B. Recharge Area(s)
1. Delineation of recharge
area(s) on topographic maps
2. A description of methods
used to determine recharge
area(s), for example:
Assessment of
topographic, geologic
or hydrogeologic maps
Review and assessment of
of regional and sub-
regional ground-water flow
system(s) data
Data obtained from field
studies based on isotopic
dating techniques, observa-
tion well networks, tracer
tests, etc.
Numerical simulation, i.e.,
regional flow modeling
-------
I
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I
I
I
I
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I
I
I
I
I
I
I
APPENDIX E (9)
COMPLETENESS DETERMINATION CHECKLIST
IV.B (continued)
NOT
INCLUDED INCLUDED
3. Description and location
of natural and man-induced
aquifer recharge such as
precipitation, snow melt,
unlined surface impoundments,
irrigation, injection of
fluids and injection wells
C. Streamflow Source Area
Note: If the streamflow source area is
not included in the project review
area, there should be a statement as
to why it has not been included.
If the streamflow source area has
been included in the project review
area, the following information is
requested:
1. Delineation of the
streamflow source area
on detailed topographic
maps including location
of losing streams, if such
streamflow demonstrably
contributes to the aquifer
through these areas
2. Explanation of methods
used in determining
streamflow contributions
3. Streamflow characteristics
including delineation of
gaining and losing portions
of streams
-------
APPENDIX E (10)
COMPLETENESS DETERMINATION CHECKLIST
IV. (continued)
D. Designated Area
Delineation of the proposed
designated area on a topo-
graphic map
NOT
INCLUDED INCLUDED
E. Project Review Area
Delineation of the proposed project
review area on a topographic map
-------
OS Environmental Protection Agency;
Region V, Library
230 South Dearborn Street
Chicago, Illinois 60604
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