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Notice of Public Hearing and
CEQA Notice of Availability of a
Draft Environmental Impact Report

Proposed Amendments to Rules 9-4 and 9-6 Impacting Nitrogen Oxides Emissions from
Commercial and Residential Space and Water Heating Appliances


Dear Bay Area Community,

The Board of Directors of the Air District will conduct a public hearing at the Air District Headquarters’ Board Room, 375 Beale Street, San Francisco, California, on Wednesday, March 15, 2023, at 9 AM, or as soon thereafter as the matter may be heard.

The Board will consider:

  • Adoption of Proposed Amendments to Regulation 9: Inorganic Gaseous Pollutants, Rule 4: Nitrogen Oxides from Fan Type Residential Central Furnaces (Rule 9-4) and Rule 6: Nitrogen Oxides Emissions from Natural Gas-Fired Boilers and Water Heaters (Rule 9-6)
  • Certification of an Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA) for Proposed Amendments to Rules 9-4 and 9-6

Notice is hereby given pursuant to California Public Resource Code, Sections 15206 and 15087 (c) that the Air District has prepared a Draft Environmental Impact Report (Draft EIR) for proposed amendments to Regulation 9: Inorganic Gaseous Pollutants, Rule 4: Nitrogen Oxides from Fan Type Residential Central Furnaces (Rule 9-4) and Rule 6: Nitrogen Oxides Emissions from Natural Gas-Fired Boilers and Water Heaters (Rule 9-6) in accordance with California Environmental Quality Act (CEQA) requirements.

In accordance with provisions of CEQA, the Air District has released a Notice of Availability (NOA) for the Draft EIR to evaluate the environmental impacts of proposed amendments to Regulation 9, Rule 4 and Rule 6.

Background

Air District staff is proposing amendments to two rules that limit nitrogen oxide (NOx) emissions from building appliances, Rules 9-4 and 9-6. These rules govern appliance point of sale emission standards for small, typically residential and commercial, water and space heating systems. The proposed amendments include a zero NOx standard for both space and water heating appliances that would apply when new appliances are sold and installed after the proposed compliance dates ranging from 2027 to 2031.

The proposed amendments also include the introduction of an ultra-low NOx standard to Rule 9-4 for furnaces starting in 2024, as well as additional updates to definitions, testing and certification requirements, and other clarifications.

The Draft EIR for the proposed amendments to Rules 9-4 and 9-6 concluded that impacts associated with Utilities and Services Systems would be potentially significant and unavoidable under the assumption that the replacement of existing natural gas-fired space and water heating appliances over time could result in increased energy demand beyond the existing grid capacity if these existing appliances are replaced with electric appliances. The Draft EIR also concluded that impacts associated with Noise would be potentially significant and unavoidable due to the potential operational noise impacts associated with certain zero NOx equipment.

Documents for Public Review and Comment

The Air District has released a complete package for public review, with information and analysis related to the proposed rule amendments. The associated materials are available on the Air District’s website at the Building Appliance Regulation Amendments web page.

The Draft EIR, the proposed amendments to Rule 9-4 and 9-6, staff report, and related materials are available at the Air District headquarters, on its website, or by request. Requests for copies of the staff report or Draft EIR should be directed to Jennifer Elwell (jelwell@baaqmd.gov) at (415) 749-8732.

Comments relating to the proposed rule amendments and environmental analysis should also be addressed to Jennifer Elwell, Bay Area Air Quality Management District, 375 Beale Street, Suite 600, San Francisco, CA 94105. Comments may also be sent by e-mail to jelwell@baaqmd.gov. Comments on the proposed amendments to Rule 9-4 and 9-6 and Draft EIR will be accepted from December 20, 2022, until February 6, 2023, at 5 PM. Verbal comments are welcome up to the day of, and during, the Public Hearing.

Working to protect public health, air quality, and the global climate,
Your Air District

Bay Area Air Quality Management District
375 Beale Street, Suite 600, San Francisco, CA 94105
(415) 749-5000  |  1-800-HELP-AIR  |  Email: feedback@baaqmd.gov
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