Responsible Official and Certifications

Title 30 TAC § 122.132(e) (relating to “Application and Required Information for Initial Permit Issuance, Reopening, Renewal, or General Operating Permits”) and 30 TAC § 122.165 (relating to “Certification by a Responsible Official”) require that a Responsible Official (RO), or appropriate designee, shall certify all documents submitted to the Texas Commission on Environmental Quality (TCEQ) in support of a federal operating permit (FOP), or that are required by 30 TAC Chapter 122 or by an operating permit condition(s). This includes application information, as well as any other reports required under associated federally applicable requirements, including but not limited to compliance monitoring, recordkeeping, testing, or reporting submittals.

This certification does not extend to the information on the forms designated by the TCEQ as information for reference only.

The RO is an individual authorized by the owner or operator of a site as a representative in matters pertaining to the operating permit issued for the site. However, depending on the type of business or source, 30 TAC § 122.165 denotes who may be the RO. Only one RO may designated at any given time. The RO is originally designated on the Form OP-1 (Site Information Summary) submitted with the initial application. New RO appointments are made using Form OP-CRO2 (Change of Responsible Official.)

The Designated Representative (DR) and Alternate Designated Representative (ADR) apply to the Acid Rain Program sources. The DR and ADR have signature authority for acid rain affected sources. These persons are designated using the EPA Certificate of Representation. A revised Certificate of Representation must also be submitted to the EPA for changes in the DR or ADR. The DR or ADR may also be the RO if he/she has been designated as the RO on Form OP-1 or Form OP-CRO2.

An RO, DR, or ADR cannot certify information unless they have signature authority on the date the Form OP-CRO1 is signed. The effective date of the RO, DR, or ADR certifying to the change will be based on one of the following:

• The date the initial FOP application was submitted, if the name of the RO certifying the application was included in the initial application submittal on Form OP-1; or
• The date the initial EPA Form 7610-1 (Certificate of Representation) was signed, if the name of the DR or ADR certifying the application was included in the initial submittal of EPA Form 7610-1; or
• The Appointment Effective Date of a new RO, DR, or ADR on Form OP-CRO2.

Pursuant to 30 TAC § 122.165(c), a RO representing a corporation or military base may choose to delegate signature authority to a Duly Authorized Representative (DAR). Such delegation may be made to an individual that has responsibility for the overall operation of one or more manufacturing, production, or operating facilities applying for, or subject to, a federal operating permit. If the RO authority is being delegated to a DAR, a completed and signed Form OP-DEL entitled “Delegation of Responsible Official” must also be submitted in order for the DAR certification to be valid. Form OP-DEL need not be included in subsequent submittals unless there is a new appointment or an administrative information change regarding the DAR. Multiple DARs can be appointed for an application. If at any time a DAR should be removed, the applicant must submit a request by letter to the TCEQ APD.

Title 30 TAC § 122.165, relating to “Certification by a Responsible Official,” states that the TCEQ shall be notified of any appointment of a new Responsible Official (RO), and the Form OP-CRO2 is used for that purpose. Notification of appointments of new Designated Representatives (DR) and/or Alternate Designated Representatives (ADR) are also required. A revised U.S. Environmental Agency (EPA) form entitled, “Certificate of Representation” must also be submitted to the U.S. EPA., and a copy submitted to the TCEQ, for changes of DR and/or ADR. In order to maintain accurate records regarding applications and permits, the TCEQ also requires that administrative information changes (e.g., address, phone number, or title) for the RO, DR, or ADR be reported. Form OP-DEL should be submitted for administrative information changes for the DAR.

All forms must be submitted to TCEQ Air Permits Division in Austin in order to be processed. Forms sent to the regional offices or other TCEQ program areas may not be processed.

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