Is Your RO Information Up-to-Date?
The Nevada Division of Environmental Protection’s (NDEP) Air Program has clarified regulatory requirements and expectations regarding the designation of a Responsible Official (RO) and updating RO contact information. Ensuring that the RO is updated in a timely manner is essential to ensure effective communication of required information about your permit, compliance status, and reporting requirements.
Lack of clear identification of an officially designated RO is often a reason for delays in many of the actions and tasks performed by the Air Program in serving the regulated community.
The Air Program recognizes the RO as the only person with whom to share official communications.
Nevada Administrative Code (NAC) 445B.156 requires that the RO meet certain criteria depending on what type of entity holds the permit. In general, NAC 445B.156 requires the RO for each permit must be an officer of the organization by meeting one of the criteria specified in sections 1 through 4 below.
- Be an officer of the corporation, including president, vice president, secretary or treasurer.
- Be a partner if the organization is a partnership.
- Be the proprietor for a sole proprietorship.
- Be a ranking elected official or principal executive officer for a public agency.
or
- Be a person who is responsible for the overall operation of the facility that has also been designated as the RO through a written request signed by an officer of the organization as specified above.
Criterion 5 allows a person who already meets criteria 1 through 4 to identify and designate a different person as RO. No designated RO through criterion 5 can designate another RO.
The RO change request form can be found at https://ndep.nv.gov/uploads/air-permitting-docs/RO_Change_Request_Form_V07_2021a.docx. This form must be used to update information about an existing RO, identify a new RO, or request to designate someone an RO, as soon as practical after the change.
Pay careful attention to fill the form out correctly! Sections A and C of the form always need to contain the information and signature of an officer of the organization (i.e., someone who meets criteria 1 through 4 above). Section B of the form should only be used in cases where another person, responsible for the overall operation of the facility, is being designated as the RO (i.e., as per criterion 5 above).
If and when necessary the RO form can be submitted to the NDEP Air Program by mail at:
Nevada Division of Environmental Protection
Attn: BAQP, Planning Branch
901 S. Stewart Street Suite 4001,
Carson City, NV 89701