Rules 9-4 and 9-6 Building Appliances

Updated 19/03/2025

Learn about Regulation 9, Rules 4 and 6 to reduce emissions of nitrogen oxides from residential and commercial furnaces and water heaters in buildings in the Bay Area.

Find out about the status and anticipated timeline of the rule development process. Information on hearings, workshops, and other events is provided below, along with supporting documents and materials from the implementation working group.

New 19/03/2025

As part of the recent 2023 amendments, the Air District committed to convene the Implementation Working Group (IWG). The IWG is composed of over 40 invited stakeholders representing a variety of stakeholder segments. The purpose of the IWG is to provide input to Air District staff’s periodic reports to the Board of Directors on the implementation of the Building Appliances Rules and to provide the Air District staff with insights on the technical readiness of the market and equitable transition to compliant appliances, so as to not unduly burden any income class or professional group. As such, the IWG will provide a forum for invited members to discuss technical and equity aspects of implementing the Building Appliances Rules.

Air District staff hosted over twenty IWG meetings from May 2023 to August 2024, including plenary, steering committee, and equity focused meetings. The first five public plenary IWG meetings focused on requirements for small water heaters (Rule 9-6) and took place virtually via Zoom in 2023 and 2024. The last IWG meeting took place virtually on August 20, 2024 from 1-4 PM. Utilizing the IWG feedback and professional research solicited over the course of this IWG process, staff published and released a board report in December 2024, linked here.

In April, Air District staff plan to present to the Stationary Source Committee to share proposed next steps and potential flexibilities and amendments to Rule 9-6 (2027 compliance date) based on the IWG’s findings. The second phase of the IWG 2.0 will commence in mid 2025 and will focus on furnaces Rule 9-4 (2029 compliance date).

To receive information on updates and events associated with the implementation of the amendments to Rule 9-4 and Rule 9-6, please sign up for the Air District's Building Appliances Email List:
 SUBSCRIBE  

Background and Resources

In March of 2023, Air District staff developed amendments to Rule 9-4: Nitrogen Oxides from Fan Type Residential Central Furnaces and Rule 9-6: Nitrogen Oxides Emissions from Natural Gas-Fired Boilers and Water Heaters. These rules govern point of sale emission standards for small, typically residential and commercial, water and space heating systems. Emissions of nitrogen oxides impact local and regional air quality and contribute to the formation of ozone and secondary particulate matter. These requirements include zero NOx emissions standards with a future implementation date beginning in 2027, 2029, and 2031, depending on size and equipment type. These new requirements apply only upon burn out of one’s current equipment. Additionally, any equipment manufactured after the new implementation date will be subject to the new standards.

Staff have recently established a suite of dedicated webpages to house all information from past internal working group meetings. Agendas, research performed by consultants, and a list of current IWG members can be found at the link below:

Additional general information regarding the Building Appliances Rule Implementation, including fact sheets, compliance dates, and supporting resources and incentives can be found at the link below:

 

Rule 9-6 Implementation Report

Air District staff presented an informational update on implementation readiness of the zero NOx requirements for residential water heaters (Rule 9-6) to the Air District Board of Directors on December 4, and December 11, 2024. Air District staff summarized information gathered during the implementation working group process, along with all professional research solicited, and published a board report which can be found at the link below:

This report highlights the main findings across the following categories researched:

  • Market Development
  • Grid and Reliability Impacts
  • Workforce
  • Permitting
  • Costs
  • Challenging Installation Cases
  • Potential Housing Impacts 
Additional information and links to the reports in the Appendices to the staff report can be found on the Implementation Working Group webpage under the Consultants Work Products section.

 

Adoption of Amendments to Rule 9-4 and Rule 9-6

The Air District hosted a public workshop on October 7, 2021 to discuss initial outcomes from the Building Appliance Stakeholder Working Group and first draft language of regulatory amendments. Staff provided updates to the Stationary Source and Climate Impacts Committee through 2021 and 2022. In May of 2022, the Air District released a Notice of Preparation (NOP) of an Environmental Impact Report (EIR) and an Initial Study, as well as revised draft rule amendments.

The Air District released a Notice of Public Hearing, California Environmental Quality Act (CEQA) Notice of Availability, CEQA Draft EIR, proposed amendments to Rules 9-4 and 9-6, Staff Report, and other supporting materials in December 2022 and accepted written public comments on these materials. The Air District released the Final Proposal Package, including the proposed amendments to Rules 9-4 and 9-6, Final Staff Report, CEQA Final EIR, and Response to Comments.

The Air District Board of Directors conducted a public hearing on March 15, 2023 and adopted the proposed amendments to Rules 9-4 and 9-6 and certified the CEQA EIR. Information and a recording of the public hearing can be found on this page under 'Hearings, Workshops and Other Events'.

The Board of Directors of the Bay Area Air Quality Management District conducted a public hearing on June 21, 2023 in which they directed staff to submit the current versions of Rule 9-4 and Rule 9-6 to the United States Environmental Protection Agency and the California Air Resources Board for inclusion in the State Implementation Plan (SIP). 

The Air District accepted written comments relating to the upcoming public hearing regarding whether to submit Rules 9-4 and 9-6 for inclusion in the SIP through May 12, 2023. A summary of the comments received and Air District responses are available below.

 

 

Page Loading


Page Loading

Hearings, Workshops and Other Events

Throughout the rule development process, we provide information on upcoming and past workshops, hearings, and other events.

Page Loading

Documents

Supporting materials, such as staff reports, regulatory language, and other technical documents related to rule development, are posted throughout the development process.

Page Loading

Comments

The Air District provides opportunities for the public to submit comments throughout the development process, and posts comments received during the open public comment periods.

Page Loading

Building Appliances Signup

Building Appliances Email List Sign Up
 SUBSCRIBE  

Contact Us

Rule Development
Desarrollo de Reglas

415 749-4787 ruledevelopment@baaqmd.gov

Contact Us

Spare the Air Status

Last Updated: 19/03/2025