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RULE §122.165Certification by a Responsible Official

(a) The following documents shall include a signed certification of accuracy and completeness:

  (1) applications for initial permit issuance;

  (2) applications for revisions;

  (3) applications for reopenings;

  (4) applications for renewals;

  (5) applications for general operating permits;

  (6) general operating permit application revisions;

  (7) reports required by the permit;

  (8) compliance certifications required by §122.146 of this title (relating to Compliance Certification Terms and Conditions);

  (9) requests to void an issued permit;

  (10) requests to withdraw a permit application;

  (11) off-permit notices; and

  (12) operational flexibility notices.

(b) The certification of accuracy and completeness shall include the following statement: "I certify that, based on information and belief formed after reasonable inquiry, the statements and information contained in the attached documents are true, accurate, and complete."

(c) The certification shall be signed by the responsible official, who shall be one of the following:

  (1) for a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

    (A) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

    (B) the delegation of authority to such representatives is approved in advance by the permitting authority;

  (2) for a partnership or sole proprietorship: a general partner or the proprietor, respectively;

  (3) for a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a regional administrator of the United States Environmental Protection Agency); or

  (4) for affected sources:

    (A) the designated representative insofar as actions, standards, requirements, or prohibitions under Federal Clean Air Act, Title IV or the regulations promulgated thereunder are concerned; and

    (B) the designated representative, the alternate designated representative, or a person meeting the provisions of paragraphs (1), (2), or (3) of this subsection for any other purposes under 40 Code of Federal Regulations Part 70.

(d) The responsible official need not be the same person for each required submittal, and the selection of a responsible official does not preclude the naming of a separate technical contact.

(e) The duly authorized representative need not be the same person for each required submittal, and the selection of a duly authorized representative does not preclude the naming of a separate technical contact.

(f) If the responsible official for the permit changes, the permit holder must maintain documentation of the change with permit. The permit holder must notify the executive director of any change in the responsible official no later than at the next submittal requiring certification under this chapter.

Source Note: The provisions of this §122.165 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective November 22, 2018, 43 TexReg 7548

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