[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR149.109]

[Page 844]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 149_SOLE SOURCE AQUIFERS--Table of Contents
 
     Subpart B_Review of Projects Affecting the Edwards Underground 
 Reservoir, A Designated Sole Source Aquifer in the San Antonio, Texas 
                                  Area
 
Sec.  149.109  Decision under section 1424(e).

    (a) As soon as practicable after the submission of public comments 
under section 1424(e) and information requested by the Environmental 
Protection Agency from the originating Federal agency, on the basis of 
such information as is available to him, the Regional Administrator 
shall review the project taking all relevant factors into account 
including:
    (1) The extent of possible public health hazard presented by the 
project;
    (2) Planning, design, construction, operation, maintenance and 
monitoring measures included in the project which would prevent or 
mitigate the possible health hazard;
    (3) The extent and effectiveness of State or local control over 
possible contaminant releases to the aquifer;
    (4) The cumulative and secondary impacts of the proposed project; 
and
    (5) The expected environmental benefits of the proposed project.
    (b) After reviewing the available information, the Regional 
Administrator shall:
    (1) Determine that the risk of contamination of the aquifer through 
the recharge zone so as to create a significant hazard to public health 
is not sufficiently great so as to prevent commitment of Federal funding 
to the project; or
    (2) Forward the information to the Administrator with his 
recommendation that the project may contaminate the aquifer through the 
recharge zone so as to create a significant hazard to public health.
    (c) After receiving the available information forwarded by the 
Regional Administrator, the Administrator shall:
    (1) Determine that the risk of contamination of the aquifer through 
the recharge zone so as to create a significant hazard to public health 
is not sufficiently great so as to prevent commitment of Federal funding 
to the project; or
    (2) Determine that the project may contaminate the aquifer through 
the recharge zone so as to create a significant hazard to public health.
    (d) Notice of any decisions by the Regional Administrator under 
paragraph (b)(1) of this section or by the Administrator under 
paragraphs (c)(1) and (2) of this section to prevent a commitment of 
Federal funding shall be published in the Federal Register. Such notices 
shall include a description of the propsed project, and a statement of 
decision with an accompanying statement of facts and reasons.