(a) National Pollutant Discharge Elimination System (NPDES) permits. No person may conduct any activity under federal permit or license that may result in any discharge into or adjacent to water in the state unless the person has received a certification or waiver under this chapter. The regional administrator or the permit applicant may submit a request for certification.
  (1) If state certification has not been received by the time the draft NPDES permit is prepared, the regional administrator shall, pursuant to 40 Code of Federal Regulations §124.53, submit to the executive director:
    (A) a copy of a draft permit; and
    (B) a request for certification.
  (2) If the permit applicant requests certification of the NPDES permit application, he shall submit to the executive director:
    (A) a copy of the completed NPDES permit application and any amendments thereto;
    (B) a list on a map or on a separate sheet attached to a map of the names and addresses of owners of tracts of land adjacent to the site to be permitted; and
    (C) a request for certification.
  (3) The executive director may elect to delay acting upon a request for certification until the draft NPDES permit is prepared and notice thereof has been issued.
(b) Department of the Army permits. No person may conduct any activity under federal permit or license that may result in any discharge into or adjacent to water in the state unless the person has received a certification or waiver under this chapter. The district engineer or the permit applicant may submit a request for certification.
  (1) If state certification is requested by the district engineer, he shall, pursuant to 33 Code of Federal Regulations §325.2(b)(ii), submit to the executive director:
    (A) a copy of the public notice;
    (B) a request for certification; and
    (C) a copy of the complete permit application upon request.
  (2) If the permit applicant requests certification, he shall submit to the executive director:
    (A) a copy of the completed permit application and any amendments thereto;
    (B) a list on a map or on a separate sheet attached to a map of the names and addresses of owners of tracts of land adjacent to the site to be permitted; and
    (C) a request for certification.
  (3) The executive director may elect to delay acting on a request for certification until after a review of a final permit decision document.
(c) Other federal licenses or permits. For those federal licenses or permits issued by federal agencies other than the EPA or the Department of the Army that may result in any discharge into or adjacent to water in the state, the permittee must receive certification or waiver under this chapter prior to conducting any permitted activity.
  (1) If state certification is requested by the federal agency, that agency shall submit to the executive director:
    (A) a copy of the public notice;
    (B) a request for certification; and
    (C) a copy of the complete permit application upon request.
  (2) If the permit applicant requests certification, he shall submit to the executive director:
    (A) a copy of the completed permit application and any amendments thereto;
    (B) a list on a map or on a separate sheet attached to a map of the names or addresses of owners of tracts of land adjacent to the site to be permitted; and
    (C) a request for certification.
  (3) The executive director may elect to delay acting on a request for certification until the licensing or permitting agency publishes notice of the application and/or the executive director has reviewed the draft permit.
(d) Review of application for certification. Where the executive director believes more information is required in order to accomplish the review of the request for certification, he shall notify the applicant or licensing or permitting agency and request the information.
(e) Submission of additional materials. The applicant shall submit in timely fashion, at any time during the review process, additional materials that the executive director finds to be necessary for review of the application. In no case will the applicant have less than 30 days to submit the information.

Source Note: The provision of this §279.4 adopted to be effective July 22, 1987, 12 TexReg 2187; amended to be effective July 13, 1995, 20 TexReg 4693; amended to be effective October 4, 2001, 26 TexReg 7569