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EMC adopts Title 5 exemption recognizing certain research-and-development activities as insignificant
Summary
The commission adopted 15A NCAC 02Q .0529 to clarify that limited, noncommercial R&D activities at Title 5 facilities may be treated as insignificant for permitting, with notification and recordkeeping requirements; DAQ said the change aligns state practice with federal guidance and will not alter current permitting outcomes.
The Environmental Management Commission adopted a rulemaking hearing officer's report and approved 15A NCAC 02Q .0529, a Title 5 rule clarifying an exemption for insignificant research-and-development activities at major facilities.
Ashley Hoskin of the Division of Air Quality presented the hearing officer's report and said the provision implements a 2023 session law requirement to clarify flexibility for noncommercial R&D activities. The rule defines qualifying R&D activity, establishes emissions thresholds for insignificance, requires notification at least seven days before commencing previously unauthorized R&D, and retains recordkeeping requirements for compliance demonstration.
Hoskin said available data indicate a limited number of facilities (DAQ estimated roughly 5–10% of the state's 307 Title 5 facilities) have such activities and that adoption is not expected to change permitting practices or cause appreciable costs. The hearing record included one EPA Region 4 "no comment" letter and no public commenters at the hearing. The EMC voted unanimously to adopt the hearing report and associated regulatory impact analysis, with an effective date indicated as January 1, 2025.
Why it matters: The change clarifies existing practice for minor R&D activities at Title 5 facilities and provides predictability for owners and operators on when such activities may be treated as insignificant, while preserving reporting and oversight obligations.
Next steps: The rule becomes effective in January 2025 and staff will update guidance materials to reflect the adopted language.
