What is a Responsible Official (RO)?
Per 401 KAR 52:001(62), the Responsible Official (RO) is the individual legally authorized to sign air permit applications, Annual Compliance Certifications (ACCs), Semi-Annual Monitoring Reports (SAMRs), and other official documents submitted to the Division for Air Quality (DAQ). By signing, the RO certifies under penalty of law that they have personally examined this document and believe it to be true, accurate, and complete, fully aware that submitting false or incomplete data can lead to penalties.
Who Qualifies as an RO for a Corporation?
By default, the RO must be a high-level corporate officer. This includes:
- The Owner or President
- The Corporate Secretary or Treasurer
- A Vice President in charge of a principal business function
- Any other person who performs similar policy- or decision-making functions for the corporation
Delegating a “Responsible Official” Authority
Large corporations meeting specific employee size and financial criteria per 401 KAR 52:001 may delegate RO authority to a facility-level manager (such as a plant manager) without advance state permission, but they must notify the DAQ.
Note: Environmental consultants cannot be responsible officials. Environmental, Health, and Safety (EHS) managers typically cannot act as the Responsible Official.
Requirements for a Delegation Request Letter
The DAQ must review and approve all delegation requests. Because this authority is granted to a specific individual rather than a job title, a new delegation letter must be submitted if the designated official changes.
If the facility needs to delegate an individual as an RO authority, submit a formal request letter along with a DEP 7007AI (Administrative Information) form to EEC eForms (Form ID 54: DAQ Permit Application Electronic Submittal) that adheres to the following rules:
- Must Come from a Corporate Officer: A person cannot delegate authority to themselves; the letter must explicitly name the designated individual. The delegation letter must be written and signed by an active corporate officer who holds RO status without delegation (e.g., the President, Secretary, Treasurer, or Vice President).
- Must Define Operational Responsibility: The letter must clearly state that the designated individual is responsible for the overall manufacturing, production, or operations that are subject to the air permit. This individual must possess the explicit authority to shut down facility operations if necessary.