[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: 40CFR149.101]

[Page 841-842]
 
                   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.  149.101  Definitions.

    As used in this subpart and except as otherwise specifically 
provided, the term(s):
    (a) Act means the Public Health Service Act, as amended by the Safe 
Drinking Water Act, Public Law 93-523.
    (b) Contaminant means any physical, chemical, biological, or 
radiological substance or matter in water.
    (c) Recharge zone means the area through which water enters the 
Edwards Underground Reservoir as defined in the December 16, 1975, 
Notice of Determination.
    (d) Administrator (Regional Administrator) means the Administrator 
(Regional Administrator) of the United States Environmental Protection 
Agency.
    (e) Person means an individual, corporation, company, association, 
partnership, State, or municipality.
    (f) Project means a program or action for which an application for 
Federal financial assistance has been made.
    (g) Federal financial assistance means any financial benefits 
provided directly as aid to a project by a department, agency, or 
instrumentality of the Federal government in any form including 
contracts, grants, and loan guarantees. Actions or programs carried out 
by the Federal government itself such as dredging performed by the Army 
Corps of Engineers do not involve Federal financial assistance. Actions 
performed for the Federal government by contractors, such as 
construction of roads on Federal lands by a contractor under the 
supervision of the Bureau of Land Management, should be distinguished 
from contracts entered into specifically for the purpose of providing 
financial assistance, and will not be considered programs or actions 
receiving Federal financial assistance. Federal

[[Page 842]]

financial assistance is limited to benefits earmarked for a specific 
program or action and directly awarded to the program or action. 
Indirect assistance, e.g., in the form of a loan to a developer by a 
lending institution which in turn receives Federal assistance not 
specifically related to the project in question is not Federal financial 
assistance under section 1424(e).
    (h) Commitment of Federal financial assistance means a written 
agreement entered into by a department, agency, or instrumentality of 
the Federal Government to provide financial assistance as defined in 
paragraph (g) of this section. Renewal of a commitment which the issuing 
agency determines has lapsed shall not constitute a new commitment 
unless the Regional Administrator determines that the project's impact 
on the aquifer has not been previously reviewed under section 1424(e). 
The determination of a Federal agency that a certain written agreement 
constitutes a commitment shall be conclusive with respect to the 
existence of such a commitment.
    (i) Streamflow source zone means the upstream headwaters area which 
drains into the recharge zone as defined in the December 16, 1975, 
Notice of Determination.
    (j) Significant hazard to public health means any level of 
contaminant which causes or may cause the aquifer to exceed any maximum 
contaminant level set forth in any promulgated National Primary Drinking 
Water Standard at any point where the water may be used for drinking 
purposes or which may otherwise adversely affect the health [chyph]of 
persons, or which may require a pub[chyph]lic water system to install 
ad[chyph]di[chyph]tional treatment to prevent such adverse effect.
    (k) Aquifer means the Edwards Underground Reservoir.

[42 FR 51574, Sept. 29, 1977. Redesignated and amended at 52 FR 23986, 
June 26, 1987]