Edwards Aquifer: Application and Review Process

1. Prepare your application into one (1) PDF file that has been flattened and upload to TCEQ FTPS . You cannot submit your application through a different drop box or shared access. The agency’s firewalls will deny access. For TCEQ FTPS instructions please email EAAdmin@tceq.texas.gov.
   
   
2. Share the uploaded file to EAAdmin@tceq.texas.gov in the FTP website. If you do not share the file, it will not be available for review.
   
   
3. Email EAAdmin@tceq.texas.gov and provide the following information:

State you have a plan ready for submittal and it has been uploaded to the TCEQ FTP website. Please provide the project name, type of plan (WPAP, SCS, etc.), and the appropriate engineer contact or representative contact information.

The turnaround time for program staff to conduct the administrative review can be up to 30 days as outlined in Title 30, Texas Administrative Code (30 TAC) Subsection 213.4(e)

1. The submitted application will fall in queue with all available applications and will be reviewed within a two-week time frame by staff.
   
   
2. Following the administrative review an email will be submitted stating the application has been accepted and payment instructions will be provided.
   OR
   An administrative Notice of Deficiency (NOD) will be submitted to the representing agent.
   
   
3. If an administrative NOD is submitted, please address all the deficiencies, and upload the revised application to the TCEQ FTPS website, share the file and email EAAdmin@tceq.texas.gov to state the revised application has been provided. An NOD response is added to the queue and will be reviewed in order of receipt, but it is NOT prioritized for review.

Payment

1. Payment instructions are provided once an application is deemed administratively complete and payments are made through TCEQ EPay.
   
   
2. Payment confirmation must be provided to EAAdmin@tceq.texas.gov with a voucher number in order for an application to be moved into technical review.
   
   
3. Payment by check can be made through the TCEQ Cashier’s office but this will cause a delay in moving an application to technical review and confirmation of receipt is still required to be provided by the project’s representative. Please email EAAdmin@tceq.texas.gov for check payment instructions.

1. When an application is deemed administratively complete, the technical review period begins. The regional office will upload an electronic copy of the application to the webpage, Edwards Aquifer Protection Plan Applications Under Review, and will notify the identified affected city, county, and groundwater conservation district whose jurisdiction includes the subject site.

   These entities and the public have 30 days to provide comments on the application to the Edwards Aquifer Protection Program at the following program email: eapp@tceq.texas.gov. All comments received are reviewed by TCEQ Edwards Aquifer Protection Program.

2. Applications will be submitted as electronic files; however, during technical review one full-size set of plan sheets may be requested by the Edwards Aquifer Protection Program in order to complete the technical review. Ensure that your construction plans are at a scale large enough for the reviewer to easily see all pertinent information.
3. A site assessment is usually conducted as part of the technical review, to evaluate the geologic assessment and observe existing site conditions. The site must be accessible to our staff. The site boundaries should be clearly marked, features identified in the geologic assessment should be flagged, roadways marked and the alignment of the sewage collection system and manholes should be staked at the time the application is submitted. If the site is not marked, this will delay the technical review of an application.
4. We evaluate the application for technical completeness and contact the applicant and agent via Notice of Deficiency (NOD) to request additional information and identify technical deficiencies. There are two deficiency response periods available to the applicant. There are 14 days to resolve deficiencies noted in the first NOD. If a second NOD is issued, there is an additional 14 days to resolve deficiencies. If the response to the second notice is not received, is incomplete or inadequate, or provides new information that is incomplete or inadequate, the application must be withdrawn or denied. Please note that because the technical review is underway, whether the application is withdrawn or denied the application fee will be forfeited.
5. The program has 90 calendar days to complete the technical review of the application. If the application is technically adequate, such that it complies with the Edwards Aquifer rules, and is protective of the Edwards Aquifer during and after construction, an approval letter will be issued. Construction or other regulated activity may not begin until an approval is issued.

It is important to have final site plans prior to beginning the permitting process with TCEQ to avoid delays.

Occasionally, circumstances arise where you may have significant design and/or site plan changes after your Edwards Aquifer application has been deemed administratively complete by TCEQ. This is considered a “Mid-Review Modification”. Mid-Review Modifications may require redistribution of an application that includes the proposed modifications for public comment.

If you are proposing a Mid-Review Modification, two options are available:

• If the technical review has begun your application can be denied/withdrawn, your fees will be forfeited, and the plan will have to be resubmitted.
• TCEQ can continue the technical review of the application as it was submitted, and a modification application can be submitted at a later time.

If the application is denied/withdrawn, the resubmitted application will be subject to the administrative and technical review processes and will be treated as a new application. The application will be redistributed to the affected jurisdictions.