Regulation 9 Rule 6: Nitrogen Oxides Emissions from Natural Gas-Fired Water Heaters - 2023 Amendment (Current)

Learn about the Air District's rule amendment process seeking to reduce emissions of nitrogen oxides from residential and commercial water heaters in buildings in the Bay Area through changes to Regulation 9, Rule 6.

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.

As part of the recent 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.

The first three IWG meetings took place virtually via Zoom in 2023. The upcoming IWG meeting is scheduled to take place virtually on February 28, 2024 from 1-4 PM. Members of the public may attend in listen-only mode with the opportunity to provide public comments at the end of the meeting. You may join the meeting through the following link. An agenda for the meeting is available here.

On June 21, 2023, the Air District’s Board of Directors 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. More information on the public hearing is available on the notice of a public hearing(98 Kb PDF, 1 pg, posted 05/04/2023).

Amendments to Regulation 9: Inorganic Gaseous Pollutants, Rule 6: Nitrogen Oxides Emissions from Natural Gas-Fired Boilers and Water Heaters (Rule 9-6) were adopted by the Air District Board of Directors at a public hearing on March 15, 2023, along with amendments to Rule 9-4.

Regulation 9: Inorganic Gaseous Pollutants, Rule 6: Nitrogen Oxides Emissions From Natural Gas-Fired Boilers and Water Heaters (Amendments Adopted 3/15/2023)(186 Kb PDF, 6 pgs, revised 23/03/2023)
Final Staff Report for Proposed Amendments to Rule 9-4 and Rule 9-6(878 Kb PDF, 54 pgs, posted 07/03/2023)

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:
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Air District staff developed amendments to Rules 9-4: Nitrogen Oxides from Fan Type Residential Central Furnaces and 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.

Submission of Rule 9-4 and Rule 9-6 to the State Implementation Plan

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).

Notice of a Public Hearing – Submission of Rule 9-4 and Rule 9-6 to the SIP (98 Kb PDF, 1 pg, posted 05/04/2023)

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.

Response to Comments: Submittal of Rules 9-4 and 9-6 to SIP(216 Kb PDF, 5 pgs, posted 23/06/2023)

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.

Frequently Asked Questions – Adopted Amendments to Rules 9-4 and 9-6(725 Kb PDF, 5 pgs, posted 19/12/2023)
Fact Sheet – Proposed Amendments to Rules 9-4 and 9-6(342 Kb PDF, 1 pg, posted 16/03/2023)
Infographics – Proposed Amendments to Rules 9-4 and 9-6(115 Kb PDF, 1 pg, posted 16/03/2023)
Notice of Public Hearing and Notice of Availability of DEIR(268 Kb PDF, 2 pgs, posted 19/12/2022)
Final Environmental Impact Report for Proposed Amendments to Rule 9-4 and Rule 9-6(9 Mb PDF, 184 pgs, posted 07/03/2023)
Staff Report – Proposed Amendments to Building Appliance Rules – Regulation 9, Rule 4 and Rule 6(878 Kb PDF, 54 pgs, posted 07/03/2023)
- Appendix A: Proposed Amendments to Rule 9-4(581 Kb PDF, 7 pgs, revised 20/12/2022)
- Appendix B: Proposed Amendments to Rule 9-6(437 Kb PDF, 6 pgs, revised 20/12/2022)
- Appendix C: Socioeconomic Impacts Analysis(1004 Kb PDF, 37 pgs, revised 20/12/2022)
- Appendix D: Electric Infrastructure Impacts from Proposed Zero NOx Standards(1 Mb PDF, 38 pgs, revised 20/12/2022)
- Appendix E: Assessing Ambient Air Quality and Health Impacts from Natural Gas Building Appliances in the Bay Area(5 Mb PDF, 40 pgs, posted 19/12/2022)
- Appendix F: Exposure and Equity Assessment of Natural Gas Appliances in the San Francisco Bay Area(17 Mb PDF, 17 pgs, revised 20/12/2022)
- Appendix G: Draft Environmental Impact Report(10 Mb PDF, 295 pgs, posted 19/12/2022)
- Appendix H: Response to Comments(1 Mb PDF, 932 pgs, posted 07/03/2023)

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'.

View other rule making activity

Hearings, Workshops and Other Events

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

Documents

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

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.

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Last Updated: 08/11/2024

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