1. (a) The executive director shall issue a final determination within 60 days from the date the draft permit is mailed by the Regional Administrator, United States Environmental Protection Agency, as required by 40 Code of Federal Regulations §124.53, unless the executive director in consultation with the Regional Administrator finds that unusual circumstances require a longer time. The executive director shall send notice, including a copy of the certification, to the applicant, the regional administrator and any person so requesting of the decision to deny, grant, grant conditionally or waive the certification. Such notification shall be in writing and shall include:

   1. (1) the name and address of the applicant;
   2. (2) conditions which are necessary to assure compliance with the applicable provisions of the Federal Clean Water Act, §§208(e), 301, 302, 303, 306, and 307, and with appropriate requirements of state law;
   3. (3) when the state certifies a draft permit instead of a permit application, any condition required to assure compliance with the provisions of the Federal Clean Water Act, §§208(e), 301, 302, 303, 306, and 307, and with appropriate requirements of state law shall be identified citing the Federal Clean Water Act or state law references upon which that condition is based. Failure to provide such a citation waives the right to certify with respect to that condition; and
   4. (4) a statement of the extent to which each condition of the draft permit can be made less stringent without violating the requirements of state law, including water quality standards. Failure to provide this statement for any condition waives the right to certify or object to any less stringent condition which may be established during the United States Environmental Protection Agency permit issuance process.
2. (b) The executive director shall not condition or deny an NPDES certification on the grounds that state law allows a less stringent permit condition.

Source Note:The provision of this §279.10 adopted to be effective July 22, 1987, 12 TexReg 2187; amended to be effective July 13, 1995, 20 TexReg 4693.