1. (a) Completeness review.

   1. (1) Each application shall be reviewed by the Secretary to determine whether all required information has been provided. The review shall be finished within 90 days of receipt of the application. Within the 90-day review period:

      1. (A) The Secretary shall send a notice of completeness to an applicant agency whose application has been determined to contain all necessary components; or

      2. (B) The Secretary shall return an incomplete application to the applicant agency.

         1. (i) The Secretary shall notify an applicant agency of an incomplete application by using a Notice of Deficiency (NOD).
         2. (ii) In the NOD, the Secretary shall specify those provisions of the application that are not sufficient and the date by which the additional information is due.

2. (b) State agency review and recommendation.

   1. (1) Applications that are found to be complete shall be reviewed pursuant to HSC Section 25404.3(b). In determining whether an applicant agency should be certified, the Secretary shall consider comments from the California Environmental Protection Agency and the following or their designee:

      Director of Department of Toxic Substances Control (DTSC);

      State Fire Marshal (SFM); and

      Executive Director of the State Water Resources Control Board (State Water Board).

   2. (2) Comments and recommendations to the Secretary shall be based on analysis of the application contents and consideration of the requirements of this division.

3. (c) Public hearing.

   1. (1) The Secretary shall hold a public hearing regarding the application for certification.
   2. (2) The Secretary may group public hearings for efficiency purposes.
   3. (3) The Secretary shall consider comments received as part of the public hearing in the determination of whether an applicant should be certified.

4. (d) The Notice of Intent (NOI).

   1. (1) The Secretary shall complete the review process and issue a NOI within 180 days of receipt of the complete application for certification.

      1. (A) The Secretary shall issue a NOI to approve the application for certification if the Secretary finds the applicant agency should be certified.

      2. (B) The Secretary shall issue a NOI to disapprove the application for certification if the Secretary finds the applicant agency should not be certified. The NOI to disapprove shall identify those areas of the application that are deficient.

         1. (i) Within 30 days of receipt of a NOI to disapprove the application for certification, an applicant may appeal the Secretary's decision to disapprove the application. The appeal shall address the areas identified by the Secretary as deficient, and an amended application may be submitted.
         2. (ii) In addition to its rights pursuant to (i) above, the applicant agency may request a second public hearing, at which time the Secretary shall hear the applicant agency's response to the reasons specified in the NOI to disapprove.
         3. (iii) The appeal process shall be completed within 60 days of receipt of the appeal.

5. (e) Final Decision.

   1. (1) The Secretary's final decision to approve or disapprove the application for certification shall be issued in writing to the applicant agency. The final decision shall be issued within 30 days of the appeal process. If the Secretary approves the application for certification, the certification shall include the date upon which the CUPA's authority shall commence.

      1. (A) For purposes of this division and 22 CCR, Division 4.5, “certification” of a CUPA shall constitute “designation,” pursuant to HSC Section 25180, of the responsible agency implementing HSC Chapter 6.5, pursuant to 22 CCR, Section 66272.10.

Note: Authority cited: Sections 25404 and 25404.6(c), Health and Safety Code. Reference: Sections 25404(d), 25404.3 and 25404.4(a), Health and Safety Code.

History

1. New article 4 and section filed 11-14-94 as an emergency; operative 11-14-94 (Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 or emergency language will be repealed by operation of law on the following day.

2. Editorial correction of History 1 (Register 95, No. 10).

3. New article 4 and section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 or emergency language will be repealed by operation of law on the following day.

4. New article 4 and section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-4-95 or emergency language will be repealed by operation of law on the following day.

5. New article 4 and section refiled 11-3-95 as an emergency; operative 11-3-95 (Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 or emergency language will be repealed by operation of law on the following day.

6. Certificate of compliance as to 11-14-94 order including new Figure 3 designator, amendment of subsections (a)(1)(A), (b)(1) and (c)(1), new subsections (c)(2)-(c)(3) and amendment of subsections (d)(1), (e)(1)-(e)(2) and (f)(3) transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).

7. Amendment of section heading and section filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).

8. Change without regulatory effect amending subsections (b)(1) and (e)(2) filed 3-21-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 12).

9. Amendment of subsections (d)(1)-(d)(2) and (f)(1)-(2) filed 12-17-2013; operative 12-17-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).

10. Amendment of subsections (b)(1) and (e)(2) filed 6-14-2018; operative 7-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 24).

11. Amendment filed 3-14-2024; operative 7-1-2024 (Register 2024, No. 11).