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.