Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 281 - APPLICATIONS PROCESSING › Subchapter A - APPLICATIONS PROCESSING › Section 281.19 - Technical Review

Current through Reg. 49, No. 28; July 12, 2024
(a) After an
				  application is determined by the executive director to be administratively
				  complete, the executive director shall commence a technical review as necessary
				  and appropriate. For purposes of these sections, the technical review period is
				  that period of time beginning with the completion of the initial review period
				  and will continue for a period of time not to exceed 75 working days. In the
				  case of applications filed under §
										335.43
				  of this title (relating to Permit Required) or §
										331.7
				  of this title (relating to Permit Required), the technical review period shall
				  commence upon assignment of the application to a staff member and continue for
				  a period of time not to exceed 120 days. For applications filed under Chapter
				  336 of this title (relating to Radioactive Substance Rules) and subject to the
				  Notice of Deficiency (NOD) process established in this section, the technical
				  review period shall begin the day after the date of determination of
				  administrative completeness and for issuance, renewal, or major amendments,
				  shall continue for a period of time not to exceed 255 days; however, this time
				  frame may be extended to a maximum of 600 days if an application is technically
				  deficient; or, for applications for minor amendments, shall continue for a
				  period of time not to exceed 90 days; however, this time frame may be extended
				  to a maximum of 150 days if an application is technically deficient. In the
				  case of applications filed under Chapter 295 of this title (relating to Water
				  Rights, Procedural) that request a new appropriation of water pursuant to Texas
				  Water Code, §
										11.157 for storage in an
				  aquifer storage and recovery project or for aquifer recharge, the technical
				  review shall commence on the date the application is administratively complete
				  and will continue for a period of time not to exceed 180 days.
(b) Except as provided in subsection (c) of
				  this section, the applicant shall be promptly notified of any additional
				  technical material as may be necessary for a complete review. If the applicant
				  provides the information within the period of time prescribed by subsection (a)
				  of this section, the executive director will complete processing of the
				  application within the technical review period extended by the number of days
				  required for the additional data. If the necessary additional information is
				  not received by the executive director prior to expiration of the technical
				  review period and the information is considered essential by the executive
				  director to make recommendations to the commission on a particular matter, the
				  executive director may return the application to the applicant. In no event,
				  however, will the applicant have less than 30 days to provide the technical
				  data before an application is returned. Decisions to return material to the
				  applicant during the technical review stage will be made on a case by case
				  basis. The applicant has the option of having the question of sufficiency of
				  necessary technical data referred to the commission for a decision instead of
				  having the application returned.
(c) For applications for radioactive material
				  licenses, the applicant shall be promptly notified of any additional technical
				  information necessary to complete technical review. For new applications,
				  renewal applications, or major amendment applications, the executive director
				  shall complete application processing within the technical review period (600
				  days) if the applicant provides the information within 75 days of the date of
				  the first NOD and 60 days of the subsequent NODs. For minor amendments, the
				  applicant must provide the information within 20 days from the date of the
				  first NOD and 20 days from the date of the second NOD. If the necessary
				  additional information is not received by the executive director prior to the
				  end of the response period, the executive director may return the application
				  to the applicant. In no instance shall the executive director issue more than
				  four NODs before returning the application. The applicant has the option of
				  having the question of sufficiency of necessary technical information referred
				  to the commission for a decision instead of having the application returned.
				  The applicant may request additional time to respond to a notice of technical
				  deficiency. The request must be in writing, set forth the reasons why the
				  applicant cannot respond within the time provided and specify the amount of
				  additional time requested. Any extension of time must be approved by the
				  executive director in writing. The executive director may extend or delay the
				  schedule for the processing of an application under this subsection to comply
				  with the priority established by law for processing and review of radioactive
				  material licenses.
(d) This
				  subsection applies to the technical review of applications for radioactive
				  material licenses submitted to the Texas Department of State Health Services on
				  or before June 18, 2007. For new applications, renewal applications, or major
				  amendment applications, the executive director shall complete application
				  processing within the technical review period (600 days) if the applicant
				  provides the information within 75 days of the date of the first NOD and 60
				  days of the second NOD. For minor amendments, the applicant must provide the
				  information within 20 days from the date of the first NOD and 20 days from the
				  date of the second NOD. If the necessary additional information is not received
				  by the executive director prior to the end of the response period, the
				  executive director may return the application to the applicant. In no instance
				  shall the executive director issue more than two NODs before returning the
				  application. The applicant has the option of having the question of sufficiency
				  of necessary technical information referred to the commission for a decision
				  instead of having the application returned. The applicant may request
				  additional time to respond to a notice of technical deficiency. The request
				  must be in writing, set forth the reasons why the applicant cannot respond
				  within the time provided and specify the amount of additional time requested.
				  Any extension of time must be approved by the executive director in writing.
				  The executive director may extend or delay the schedule for the processing of
				  an application under this subsection to comply with the priority established by
				  law for processing and review of radioactive material licenses.