Annual and Semi-Annual Compliance Certification Reports
In September 1994, DEP passed a new set of regulations to implement the Title V Operating Permit program required under the Federal Clean Act Amendments of 1990. The new regulations, N.J.A.C. 7:27-22, also known as Subchapter 22 - OPERATING PERMITS, required major facilities of air pollution to obtain a facility wide permit that covers all sources of air pollution at the facility and includes all applicable State and Federal requirements for the sources.
All major facilities with an approved Operating Permit are required to submit to the DEP and to the federal Environmental Protection Agency (EPA) an annual certification that accurately represents the operating conditions of the facility for the year.
In December of 2003, the USEPA notified the DEP that the current Annual Compliance Certification forms did not satisfy the Federal Requirements of the Clean Air Act. The DEP the revised the forms and submitted them to EPA for approval. In August 2004, the USEPA approved the new revised forms.
All major facilities with an approved Operating Permit issued by the New Jersey Department of Environmental Protection (DEP) pursuant to N.J.A.C. 7:27-22, also known as Subchapter 22 - OPERATING PERMITS are to use these forms to submit the annual and semi-annual compliance certification reports to the Department.
A major facility is defined as a facility which constitutes a major source, as defined by EPA at 40 CFR § 70.2 or any subsequent amendments thereto, and that has the potential to emit any of the air contaminants listed below in an amount that is equal to or exceeds the applicable major facility threshold level. The major facility threshold levels are as follows:
Major Facility Air Contaminant Threshold Level
Carbon monoxide 100 tons per year
PM-10 100 tons per year
TSP 100 tons per year
Sulfur dioxide 100 tons per year
Oxides of nitrogen 25 tons per year
VOC 25 tons per year
Lead 10 tons per year
Any HAP 10 tons per year
All HAPs, collectively 25 tons per year
Any other air contaminant 100 tons per year
All facilities with an approved Operating Permit should obtain a copy of the Annual and Semi-Annual Compliance Certification forms and instructions for completing them from the below link. These forms are to be used for all submittals of the Annual and Semi-Annual Compliance Certification required by the Operating Permit. The Annual Compliance Certification is required to be submitted to the Department and to the USEPA at least once each year after the initial approval date of the Operating Permit. The Semi-Annual Compliance Certification Reports are to be submitted to the Department twice a year, on January 30 for the six month period ending December 31, and on July 30 for the six month period ending June 30. Failure to use the required form may result in enforcement action for failure to comply with the requirement to submit the Annual Compliance Certification and failure to submit Six Month Deviation Reports.
The Annual Compliance Certification forms must be submitted March 1 for the year ending December 31, unless otherwise specified by your approved operating permit. During the application process you may, as an alternative, request that the to have the Annual Compliance Certification forms due August 29 for the year ending June 30.
An annual compliance certification may also be considered as your Six Month Deviation Report for the period from July 1 through December 31 which is due by January 30 of each year if the Annual Compliance Certification is submitted by January 30, or for the period from January 1 through June 30 if the Annual Compliance Certification is submitted by July 30.
The Annual Compliance Certification and Six Month Deviation Report forms are available for downloading by clicking below.
Annual Compliance Certification Forms and Instructions
Semi- Annual Compliance Certification Forms and Instructions