California Air and Climate Vol 20: California to Require All-Electric Small Engines; Bay Area to Mandates All-Electric Furnaces and Water Heaters | Downey Brand LLP

BAAQMD orders all-electric ovens and water heaters

On October 7, 2021, the Bay Area Air Quality Management District (“BAAQMD”) held a workshop to discuss proposed changes to two of its rules (Rule 9-4 and Rule 9-6), the sale and installation of new residential buildings regulate and commercial stoves and water heaters. The changes would require zero-emission devices. This means that after the compliance deadlines have expired, all new stoves and water heaters that are subject to the rule must be electric.

As proposed, Rule 9-4 would reduce the NOx emission limit for new household and commercial heating appliances from 40 ng / joule to 14 ng / joule on July 1, 2023. The 14 ng / joule limit currently applies in two other major airborne counties in California – the South Coast Air Quality Management District and the San Joaquin Valley Air Pollution Control District. By January 1, 2029, all new stoves sold or installed in the BAAQMD must meet the zero NOx standard.

The proposed changes to Rule 9-6 would require all new water heaters and boilers sold or installed in the BAAQMD to be NOx-free under applicable compliance data. For water heaters and boilers up to 75,000 MMBTU, the compliance deadline would be January 1, 2027. For water heaters and boilers between 75,001 and 2,000,000 MMBTU, the compliance deadline would be January 1, 2029.

BAAQMD is accepting comments until November 1, 2021 and plans to submit these changes for adoption in the first quarter of 2022. More information is available here.

CARB requires all-electric small motors

On October 12, 2021, the California Air Resources Board (“CARB”) released a draft rule that would only allow the sale of electric motors in small outdoor devices such as lawnmowers, leaf blowers, chainsaws, pressure washers and air compressors. The proposed regulation, which would require the US Environmental Protection Agency to repeal the Clean Air Act to implement it, applies to all small off-road engines with less than 25.5 horsepower. The proposed regulation is expected to come into effect in model year 2024 for all types of engines except those used to power generators, which will come into effect in 2028.

CARB stated that its proposed regulations meet the requirements of AB 1346, which was signed by Governor Newsom on October 9, 2021 and requires CARB to comply by November 1, 2021.

CARB will accept comments on the proposed regulations until November 29, 2021, and the Board of Directors will review the regulations for adoption on December 9, 2021. More information is available here.

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