C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER D—WATER PROGRAMS › 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

40 C.F.R. § 149.102

Project review authority

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(a) Once an area is designated, no subsequent commitments of Federal financial assistance may be made to projects which the Administrator determines may contaminate the aquifer so as to create a significant hazard to public health.

(b) The Regional Administrator is hereby delegated the authority and assigned responsibility for carrying out the project review process assigned to the Administrator under section 1424(e) of the Act, except the final determination that a project may contaminate the aquifer through its recharge zone so as to create a significant hazard to public health.

(c) The Regional Administrator may review any project which he considers may potentially contaminate the aquifer through its recharge zone so as to create a significant hazard to public health.

Notes of Decisions
Cited in 1 case, 1991–1991 · leading case: Town of Norfolk v. United States Env't Prot. Agency, 761 F. Supp. 867 (D. Mass. 1991).
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Town of Norfolk v. United States Env't Prot. Agency, 761 F. Supp. 867 (D. Mass. 1991). “§ 300h-3(e); 40 C.F.R. § 149.102 (a) (1990). EPA argues that neither of these laws would be applicable to the landfill even if it were located within the aquifer boundary.”
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