SECTION 281.21. Draft Permit, Technical Summary, Fact Sheet, and Compliance History

(a) The provisions of this section are applicable to applications for waste disposal activities conducted under the authority of Texas Water Code, Chapters 26, 27, and 32, the Texas Solid Waste Disposal Act, and the Texas Radiation Control Act.

(b) The executive director shall prepare a draft permit consistent with all applicable commission rules, unless a recommendation is made not to grant an application. The draft permit will be filed with the commission to be included in the consideration of the application for permit and is subject to change during the course of the proceedings on the application. The draft permit shall be available for public review.

(c) The executive director shall prepare a technical summary which sets forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The executive director shall send this summary together with the draft permit to the applicant and on request, to any other person. The summary shall include the following information, where applicable:

(1) a brief description of the type of facility or activity which is the subject of the draft permit;

(2) the type and quantity of radioactive materials, wastes, fluids, or pollutants which are proposed to be or are being used, processed, stored, disposed, injected, emitted, or discharged;

(3) a brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions;

(4) reasons why any requested variances or alternatives to required standards do or do not appear justified;

(5) a description of the procedures for reaching a final decision on the draft permit, including procedures whereby the public may participate in the final decision; and

(6) the name and telephone number of any persons to contact for additional information.

(d) Upon completion of technical review and prior to issuance of public notice, the executive director shall send the compliance history prepared under Chapter 60 of this title (relating to Compliance History), together with the draft permit, technical summary if applicable, and environmental analysis if applicable, to the applicant and on request, to any other person.

(e) Additional conditions for Texas Pollutant Discharge Elimination System (TPDES) draft permits and fact sheets are as follows.

(1) TPDES draft permits shall include the information required by 40 Code of Federal Regulations (CFR) §124.6(c) - (e), as in effect on the date of TPDES program authorization, as amended, which is adopted by reference; and

(2) A fact sheet shall be prepared for a TPDES permit and shall include the information required by 40 CFR §124.56, as in effect on the date of TPDES program authorization, as amended, which is adopted by reference.

(f) Additional conditions for radioactive material licenses are as follows.

(1) When the executive director is considering an application for a new license or license renewal to dispose of low-level radioactive waste from other persons and determines that the licensed activity may have a significant effect on the human environment, the executive director shall prepare or have prepared a written analysis of the effect on the environment.

(2) The executive director shall make the environmental analysis available to the applicant and the public. The environmental analysis shall be included as part of the record of the commission's proceedings.

Source Note: The provisions of this §281.21 adopted to be effective May 28, 1986, 11 TexReg 2312; amended to be effective October 8, 1990, 15 TexReg 5490; amended to be effective January 7, 1993, 17 TexReg 9124; amended to be effective June 5, 1997, 22 TexReg 4581; amended to be effective September 14, 2000, 25 TexReg 8879; amended to be effective December 16, 2001, 26 TexReg 10095; amended to be effective August 29, 2002, 27 TexReg 7915; amended to be effective July 5, 2006, 31 TexReg 5331