[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR149.110]

[Page 906]
 
                   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 
 
Sec. 149.110  Resubmittal of redesigned projects.

    If a project is redesigned in response to EPA's objections, the 
applicant for Federal financial assistance or the grantor agency may 
file a petition with the Regional Administrator for withdrawal of the 
determination that the project may contaminate the aquifer through the 
recharge zone so as to create a significant hazard to public health. Any 
such petition shall demonstrate how the project has been redesigned so 
as to justify the withdrawal of EPA's objections. If appropriate, the 
Regional Administrator may request public comments or hold an informal 
public hearing to consider the petition. After review of pertinent 
information, the Regional Administrator shall either deny the petition 
or recommend to the Administrator that the initial determination that a 
project may contaminate the aquifer be vacated. Upon receipt of a 
recommendation from the Regional Administrator that a determination be 
vacated, the Administrator shall either deny the petition or order that 
the initial determination be vacated. The final decision regarding a 
petition shall be published in the Federal Register with an accompanying 
statement of reasons.