Utah Admin. Code R313-25-6 - Director Review of Application
(1) The Director shall review each approval
application to determine whether it complies with applicable statutory and
regulatory requirements. Approval applications will be categorized as Category
1, 2, 3 and 4 applications, as provided in Subsections R313-25-6(2) through
(5).
(2) Category 1 applications.
(a) A Category 1 application is an
application that:
(i) is administrative in
nature;
(ii) requires limited
scrutiny by the Director; and
(iii)
does not require public comment.
(b) Examples of a Category 1 application
include an application to:
(i) correct
typographical errors;
(ii) Change
the name, address, or phone number of persons or agencies identified in the
license or permit;
(iii) change the
procedures or location for maintaining records; or
(iv) extend the date for compliance with a
permit or license requirement by no more than 120 days.
(c) The Director shall review and approve or
deny a Category 1 application within 30 days after the day on which the
Director Receives the application.
(3) Category 2 applications:
(a) A Category 2 application is one that is
not a Category 1, 3 or 4 application.
(b) Examples of a Category 2 application
include:
(i) Increase in process, storage, or
disposal capacity
(ii) Change
engineering design, construction, or process controls;
(iii) Approve a proposed corrective action
plan; or
(iv) Transfer direct
control of a license or groundwater permit.
(c)
(i) The
Director shall review and approve or deny a Category 2 application within 180
days after the day on which the Director receives the application.
(ii) The period described in Subsection
R313-25-6(3)(c)(i) shall be tolled as provided in Subsection
R313-25-6(7).
(4) Category 3 applications.
(a) Category 3 application is an application
for:
(i) a radioactive waste license
renewal;
(ii) a groundwater permit
renewal;
(iii) an amendment to an
existing radioactive waste license or groundwater permit to allow a new
disposal cell;
(iv) an amendment to
an existing radioactive waste license or groundwater permit that would allow
the facility to eliminate groundwater monitoring; or
(v) approval of a radioactive waste disposal
facility closure plan.
(b)
(i) The
Director shall review and approve or deny a Category 3 application within 365
days after the day on which the Director receives the application.
(ii) The period described in Subsection
R313-25-6(4)(b)(i) shall be tolled as provided in Subsection
R313-25-6(7).
(5) Category 4 applications.
(a) A Category 4 application is an
application for:
(i) a new radioactive waste
license; or
(ii) a new groundwater
permit.
(b)
(i) The Director shall review and approve or
deny a Category 4 application within 540 days after the day on which the
Director receives the application.
(ii) The period described in Subsection
R313-25-6(5)(b)(i) shall be tolled as provided in Subsection
R313-25-6(7).
(6)
(a)
Within 60 days after the day on which the Director receives a Category 2, 3 or
4 approval application, the Director shall determine whether the application is
complete and contains all the information necessary to process it for approval
and make a finding by issuance of a written:
(i) notice of completeness to the applicant;
or
(ii) notice of deficiency to the
applicant, including a list of the additional information necessary to complete
the application.
(b) The
Director shall review written information submitted in response to a notice of
deficiency within 30 days after the day on which the Director receives the
supplemental information and shall again follow the procedures specified in
Subsection R313-25-6(1)(a).
(c) If
a document that is submitted as an application is substantially deficient, the
Director may determine that it does not qualify as an application. Any such
determination shall be made within 45 days of the document's submission and
will include the Director's written findings.
(7) Tolling Periods. The periods specified
for the Director's review and approval or denial under Subsections
R313-25-6(3)(c)(i), (4)(b)(i), and (5)(b)(i) shall be tolled:
(a) while an owner or operator of a facility
responds to the Director's request for information;
(b) during a public comment period;
and
(c) while the federal
government reviews the application.
(8) The Director shall prepare a detailed
written explanation of the technical and regulatory basis for the Director's
approval or denial of an approval application.
Notes
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