Conditional Major (CM) Compliance Status Report

What is Conditional Major (CM) Compliance Status Report?

A Conditional Major (CM) Compliance Status Report is an annual report required for facilities operating under a Conditional Major Permit (aka Federally Enforceable State Origin Permit or Synthetic Minor permit). These permits allow facilities that would otherwise qualify as major sources of air emissions under the Clean Air Act to remain classified as minor sources by accepting enforceable permit restrictions. The CM report provides evidence that the facility has complied with: · Emission limitations and operating caps

• • Monitoring and testing requirements
  • Recordkeeping provisions
  • Reporting and certification requirements

Note: The specific names for CM Compliance Status Report differs depending on the state program.

Unlike an Annual Compliance Certification (ACC) for major sources, which requires compliance determination for every permit condition, CM report only addresses the explicitly identified in the operating permit to ensure that the facility remains a minor source.

Who Needs CM Compliance Status Report?

Facilities required to submit a Conditional Major Compliance Status Report include those operating under a Conditional Major (aka Synthetic Minor) Operating Permits. These facilities would otherwise qualify as Title V major sources but have chosen to accept enforceable limits, such as caps on emissions, productions, operating hours, or fuel usage, to remain classified as minor sources under the Clean Air Act. This includes manufacturing, industrial, energy, and processing facilities that operate under the CM permits issued by the state air agencies.

For specific emission threshold breakdowns, refer to SEC’s Title V page.

Key Elements of CM Reporting

A CM Compliance Status Report typically includes:

• • Compliance Statement – Certification of whether all applicable permit conditions were met during the reporting period.
  • Monitoring Data & Logs – Documentation of process or control-equipment parameters used to demonstrate compliance, such as:
    • Temperature readings from regenerative thermal oxidizers (RTOs)
    • Daily or monthly throughput data (e.g. material processed or fuel used)
    • Pressure drops readings across baghouses or other control devices
  • Emissions Logs or Calculations – Summaries or calculations showing estimated pollutant emissions compared to permit limits or caps.
  • Recordkeeping Attachments – Copies of required records (e.g. maintenance, production logs, or calibration and inspection documentation).
  • Deviation Disclosure – Explanations of any permit condition deviations, including the cause, corrective actions take, and measures implemented to prevent recurrence.
  • Certification Statement – Signed declaration by Responsible Official, as defined in 40 CFR §70.2 as:
    • For corporation – president, vice president, secretary, treasurer, or other person authorized to legally bind the company
    • For partnership or sole proprietorship – general partner or the proprietor
    • For government agency – principal executive officer or ranking elected official

Tennessee-Specific CM Compliance Status Report

In Tennessee, Conditional Major facilities are regulated by Tennessee Department of Environment & Conservation (TDEC), Division of Air Pollution Control (APC). Facilities holding Conditional Major permits must submit an Annual Compliance Status Report by March 31 each year, covering the previous calendar year. The report typically includes 2-3 parts depending on the permit:

1. 1. Statement of Compliance – Certification of whether permit conditions used to avoid Title V status were met.
      1. The reporting condition in the permit specifies which conditions to certify
   2. Record Copies – Supporting documentation and records required by the permit as evidence of compliance.
   3. Compliance Certification Statement – (New Permits Only) Required for CM permits issued under the TDEC’s updated permit template.

Compliance Note: Late or incomplete submissions can result in a Notice of Violation (NOV). Repeated or significant noncompliance can lead to reclassification as Title V major source, requiring more stringent regulatory obligations.