CFR > Title 40 - Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER D—WATER PROGRAMS (Parts 100–149) > PART 149—SOLE SOURCE AQUIFERS > SUBPART B—Review of Projects Affecting the Edwards Underground Reservoir, A Designated Sole Source Aquifer in the San Antonio, Texas Area (§149.100 to §149.111) > 149.109—Decision under section 1424(e).

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.