DAR File No. 39355

This rule was published in the June 1, 2015, issue (Vol. 2015, No. 11) of the Utah State Bulletin.

Environmental Quality, Air Quality

Rule R307-230

NOx Emission Limits for Natural Gas-Fired Water Heaters

Notice of Proposed Rule

(New Rule)

DAR File No.: 39355
Filed: 05/07/2015 09:15:51 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 02/04/2015, Envision Utah petitioned the Air Quality Board to propose a rule that would require ultra-low NOx water heaters throughout the state. The NOx limits they proposed came from a Bay Area Air Quality Management District rule. Their proposal claimed to reduce NOx emissions from water heaters 65% to 75%. This is significant as NOx is a precursor to the formation of PM2.5. The Air Quality Board then directed the Division of Air Quality (DAQ) staff to evaluate Envision Utah's proposal and to make a recommendation at a future Board meeting. This proposed new rule is a result of that review and of continued stakeholder work between DAQ, Envision Utah and the governor's Clean Air Action Team.

Summary of the rule or change:

The rule establishes a statewide implementation schedule by which ultra-low NOx water heaters are required to be sold and installed throughout the state. As proposed, the rule will be implemented in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber counties beginning 01/01/2017; in Washington, Duchesne, and Uintah counties beginning 01/01/2018; and the rest of the state beginning 01/01/2019. Emission limits established in the rule are as follows: most residential water heaters are limited to 10 ng/Joule; larger commercial units are limited to 14 ng/Joule; and mobile homes and pools are limited to 40 ng/Joule. Ultra-low NOx water heaters are already readily available in California, and a limited number of residential units are available to Utah consumers through on-line purchases at prices comparable to similar units that do not meet the ultra-low NOx limits. The Division of Air Quality has requested additional cost information from residential and commercial builders, major box stores, and plumbing supply houses located in Utah, and has not received any additional information yet. Consequently, the agency is asking for additional cost and supply information during this public comment period.

State statutory or constitutional authorization for this rule:

  • Section 19-2-101
  • Section 19-2-104

Anticipated cost or savings to:

the state budget:

After the rule is implemented, any water heater that the state needs to install will need to meet the ultra-low NOx levels of the rule. Because suppliers and installers will have adequate time to build their supply and because ultra-low NOx water heaters are already available in California at prices comparable to water heaters that don't meet the ultra-low NOx levels, there should be no additional costs to the state budget.

local governments:

After the rule is implemented, any water heater that local governments need to install will need to meet the ultra-low NOx levels of the rule. Because suppliers and installers will have adequate time to build their supply and because ultra-low NOx water heaters are already available in California at prices comparable to water heaters that don't meet the ultra-low NOx levels, there should be no additional costs.

small businesses:

After the rule is implemented, any water heater that small businesses need to install will need to meet the ultra-low NOx levels of the rule. Because suppliers and installers will have adequate time to build their supply and because ultra-low NOx water heaters are already available in California at prices comparable to water heaters that don't meet the ultra-low NOx levels, there should be no additional costs.

persons other than small businesses, businesses, or local governmental entities:

After the rule is implemented, any water heater that persons other than small businesses, businesses, or local government entities need to install will need to meet the ultra-low NOx levels of the rule. Because suppliers and installers will have adequate time to build their supply and because ultra-low NOx water heaters are already available in California at prices comparable to water heaters that don't meet the ultra-low NOx levels, there should be no additional costs.

Compliance costs for affected persons:

Because installers and vendors have a phase-in period in which to cycle through their current inventories and build up their ultra-low NOx inventories and because prices of the ultra-low NOx heaters are comparable to other water heaters, there is no anticipated compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

Because installers and vendors have a phase-in period in which to cycle through their current inventories and build up their ultra-low NOx inventories and because prices of the ultra-low NOx heaters are comparable to other water heaters, there is no anticipated fiscal impact on businesses.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

  • Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2015

This rule may become effective on:

08/06/2015

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-230. NOx Emission Limits for Natural Gas-Fired Water Heaters.

R307-230-1. Purpose.

The purpose of R307-230 is to reduce emissions of nitrogen oxides (NOx) from natural gas-fired water heaters.

 

R307-230-2. Applicability.

R307-230 applies to the sale and installation of natural gas-fired water heaters on the implementation schedule as outlined in Table 1:

 

Table 1
Statewide Implementation Schedule of R307-230



  Location                                        Rule Implementation Date

Box Elder, Cache, Davis, Salt Lake,             January 1, 2017
Tooele, Utah and Weber Counties

Washington, Duchesne and Uintah Counties        January 1, 2018

Remaining portions of Utah                      January 1, 2019

 

R307-230-3. Exemptions.

The requirements of R307-230 shall not apply to:

(1) units using a fuel other than natural gas;

(2) units used in recreational vehicles; and

(3) units manufactured in Utah for shipment and use outside of Utah.

 

R307-230-4. Definitions.

The following additional definitions apply to R307-370:

"Heat output" means the enthalpy of the working fluid output of the unit.

"Heat input" means the heat of combustion released by fuels burned in a unit based on the higher heating value of fuel. This does not include the enthalpy of incoming combustion air.

"Recreational vehicle" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy.

"Natural gas-fired water heater" means a device that heats water by the combustion of natural gas to a thermostatically-controlled temperature not exceeding 210 degrees F (99 degrees C)for use external to the vessel at pressures not exceeding 160 psig.

 

R307-230-5. Standards.

(1) Beginning on the rule implementation date specified in Table 1 for each area of the state, no person shall sell or install any natural gas-fired water heater with an emission rate exceeding the limit in Table 2. The NOx limits are expressed in nanograms of nitrogen oxides (calculated as NO2) per Joule of heat output.

 

TABLE 2
NOx Emission Rate for Natural Gas-Fired Water Heaters



Category                                      Limits(ng/Joule)

Water heater up to 75,000 BTU/hr,
excluding those installed in mobile homes             10
Water heater 75,001- 2,000,000 BTU/hr               14
Any tank with power assist                          10
Mobile home water heater                            40
Pool/spa heater less than 400,000 BTU/hr            40
Pool/spa heater 400,001-2,000,000 BTU/hr            14

 

(2) The water heater manufacturer shall display the model number and the NOx emission rate of a water heater complying with this rule on the shipping carton and on the permanent rating plate of each unit.

 

KEY: water heaters, natural gas, NOx, air quality

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104

 

Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at [email protected].  For questions about the rulemaking process, please contact the Division of Administrative Rules.

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