Annual Compliance Certification (ACC)

What is Annual Compliance Certification?

An Annual Compliance Certification (ACC) is a mandatory reporting obligation under the Clean Air Act (CAA) for facilities subject to Title V permitting. Covered facilities submit their compliance status annually to certify that all terms and regulatory requirements of the permit are met.

The ACC requires facilities to:

• • State whether compliance was continuous or intermittent for the previous calendar year
  • Identify the methods used to determine compliance (e.g. stack testing, continuous emission monitoring, recordkeeping, etc.)
  • Disclose deviations from permit requirements such as malfunctions or non-compliance events
  • Certify that the report is truthful and accurate with Responsible Official’s signature, which according to 40 CFR §70.2 is defined as:
    • For corporation – president, vice president, secretary, treasurer, or person authorized to legally bind the company
    • For partnership or sole proprietorship – general partner or proprietor
    • For government agency – principal executive officer or ranking elected official

Who Needs ACC?

Under the Clean Air Act (CAA) Title V Operating Permits, the following facilities must submit an Annual Compliance Certification (ACC):

1. 1. Major Sources, which are facilities that either
      1. Emit or have potential to emit more than 100 tons per year of regulated air pollutant
      2. Emit 10 tons per year of a single Hazardous Air Pollutant (HAP) or 25 tons per year of any combined HAPs
      3. Learn more about the categorization on SEC’s Title V page.
   2. Certain Non-Major Sources (Synthetic Minors/Area Sources) – Facilities that accept federally enforceable limits to avoid Title V may need to submit ACC to certify status depending on state rules
   3. Sources Subject to Specific Federal Standards (e.g. New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, etc.)
   4. Any Facility holding a Title V Permit

When is ACC Due?

The first annual compliance certification is due 12 calendar months after submitting the Notification of Compliance, which confirms that the facility has achieved full compliance with applicable emission standards. Each subsequent annual compliance certification every 12 months following the previous certification, with a deadline that varies state by state.

Note: Late or missing submission can result in Notice of Violations (NOV) and potential enforcement actions.

What Information Must Be Reported?

A complete Annual Compliance Certification typically includes:

1. 1. Facility & Permit Information – Facility name, address, permit number, reporting period
   2. Compliance Status – For each permit condition:
      1. Continuous Compliance – Met all aspects of the permit condition throughout the reporting period with no deviations
      2. Intermittent Compliance – Deviations from one or more aspects of the permit condition occurred at some point during the reporting period.
   3. Emission Sources & Control Devices associated with each permit condition
   4. Permit Condition References – Each applicable requirement (e.g. NESHAP, NSPS, state rules)
   5. Methods of Determination – Testing, monitoring, and recordkeeping
   6. Deviations – Explanation of any non-compliance events, malfunctions, or permit violations
   7. Certification Statement – Signed by Responsible Official

Importance of ACC

The primary purpose of the ACC report is to ensure transparency and accountability by requiring facilities to demonstrate adherence to environmental laws. This legal obligation confirms that facilities are properly maintaining records of compliance, documenting any deviations, and certifying their status in accordance with state and federal air quality regulations. SEC provides tailored consulting services to guide facilities through every step of the compliance process, from compliance data review to documentation preparation and submission.