SECTION 281.23. Application Amendment

(a) No amendments to an application which would constitute a major amendment under the terms of §305.62 of this title (relating to Amendment) can be made by the applicant after the chief clerk has issued notice of the application and draft permit, unless new notice is issued which includes a description of the proposed amendments to the application. For purposes of this section, an attempted transfer of an application shall constitute an amendment requiring additional notice.

(b) For applications under Chapter 336 of this title (relating to Radioactive Substance Rules), an application amendment received after commencement of technical review, shall be processed as follows:

(1) The executive director shall determine whether the application amendment constitutes a major amendment as defined in §305.62 of this title or constitutes a substantial technical change to the application. Substantial technical changes may include changes in proposed waste disposal methods, enlargement or relocation of proposed areas to be licensed, transfer of an application to another applicant, significant changes in proposed facilities or operations, or other changes which will require extensive technical review.

(2) An application amendment that constitutes a major amendment or a substantial technical change shall be processed as a new and separate application.

Source Note: The provisions of this §281.23 adopted to be effective May 28, 1986, 11 TexReg 2312; amended to be effective June 5, 1997, 22 TexReg 4581; amended to be effective September 14, 2000, 25 TexReg 8879