[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR149.105]

[Page 840-841]
 
                   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. 149.105  Decision to review.

    (a) The Regional Administrator shall review under section 1424(e) 
all projects located in the recharge or streamflow source zone of the 
aquifer for which a draft or final EIS is submitted which may have an 
impact on ground water quality and which involve Federal financial 
assistance as defined in these regulations.
    (b) Upon receipt of a public petition, the Regional Administrator 
shall decide whether the project which is the subject of the petition 
should be reviewed under section 1424(e).
    (c) The Regional Administrator may decide to review a project upon 
his own motion.
    (d) In determining whether to review a project upon receipt of a 
public petition or upon his own motion, the Regional Administrator shall 
consider whether the project is likely to directly or indirectly cause 
contamination of the aquifer through its recharge

[[Page 841]]

zone, taking into account any factors he deems relevant, including:
    (1) The location of the project, and
    (2) The nature of the project.
    (e) In determining whether to review a project upon receipt of a 
public petition or upon his own motion, the Regional Administrator may 
consult with, or request information from, the Federal agency to which 
the project application has been made, the applicant seeking Federal 
assistance, appropriate State and local agencies, and other appropriate 
persons or entities.
    (f) In determining whether to review a project which is the subject 
of a public petition, the Regional Administrator may request such 
additional information from the petitioner as he deems necessary.