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(Adopted November 14, 1997) 

RULE 1138. CONTROL OF EMISSIONS FROM RESTAURANT 

OPERATIONS 

(a) Applicability 

This rule applies to owners and operators of commercial cooking operations, 

preparing food for human consumption. The rule requirements currently apply to 

chain-driven charbroilers used to cook meat. All other commercial restaurant 

cooking equipment including, but not limited to, under-fired charbroilers, may be 

subject to future rule provisions. 

(b) Definitions 

(1) CATALYTIC OXIDIZER means a control device which burns or oxidizes 

smoke and gases from the cooking process to carbon dioxide and water, 

using an infrastructure coated with a noble metal alloy. 

(2) CHAIN-DRIVEN CHARBROILER is a semi-enclosed cooking device 

with a mechanical chain which automatically moves food through the 

device and consists of three main components: a grill, a high temperature 

radiant surface, and a heat source. 

(3) CHARBROILER means a cooking device composed of the following 

three major components: a grated grill, a high-temperature radiant surface 

and a heat source. The heat source heats the high-temperature radiant 

surface, which provides the heat to cook the food resting on the grated 

grill. This includes, but is not limited to broilers: grill charbroilers, 

flamebroilers and direct-fired barbecues. 

(4) EXISTING CHAIN-DRIVEN CHARBROILER means any chain-driven 

charbroiler operating on or before November 14, 1997. 

(5) MEAT, for the purposes of this rule, includes beef, lamb, pork, poultry, 

fish, and seafood. 

(6) NEW CHAIN-DRIVEN CHARBROILER means any chain-driven 

charbroiler initially installed and operated after November 14, 1997. 

(7) RESTAURANT means any stationary commercial cooking establishment 

which prepares food for human consumption. 
Rule 1138 (Cont.) (Adopted November 14, 1997) 

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(8) UNDER-FIRED CHARBROILER means a cooking device which has a 

grill, a high temperature radiant surface, and a heat source which is 

located below the food. 

(9) WEEKLY means a consecutive seven-day period. 

(c) Requirements 

(1) No person shall operate an existing chain-driven charbroiler on and after 

November 14, 1999 unless it is equipped and operated with a catalytic 

oxidizer control device, and the combination charbroiler/catalyst has been 

tested in accordance with the test method specified in subdivision (g) and 

certified by the Executive Officer. Other control devices or methods may 

be used, if found, in accordance with the test method specified in 

subdivision (g), to be as or more effective than the catalytic oxidizer in 

reducing particulate matter (PM) and volatile organic compounds (VOC) 

(as defined in Rule 102) emissions and certified by the Executive Officer. 

(2) Notwithstanding provisions of paragraph (c)(1) of this rule, persons 

operating an existing chain-driven charbroiler with permitted control 

equipment may elect to maintain that equipment for the duration of its 

functional life not to exceed 10 years from November 14, 1997. At such 

time, such persons may elect to either replace the existing control 

equipment with a catalytic oxidizer control device which in combination 

with the chain-driven charbroiler has been tested in accordance with the 

test method specified in subdivision (g) and certified by the Executive 

Officer, or other control device or method found to be as or more effective 

than the catalytic oxidizer in reducing PM and VOC emissions in 

accordance with the test method specified in subdivision (g) and certified 

by the Executive Officer. 

(3) No person shall operate a new chain-driven charbroiler after November 

14, 1997 unless it is equipped and operated with a catalytic oxidizer 

control device, and this combination charbroiler/catalyst has been tested in 

accordance with the test method specified in subdivision (g) and certified 

by the Executive Officer, or other control device or method if found to be 

as or more effective than the catalytic oxidizer in reducing PM and VOC 

emissions in accordance with the test protocol specified in subdivision (g) 

and certified by the Executive Officer. 
Rule 1138 (Cont.) (Adopted November 14, 1997) 

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(4) Catalytic oxidizers or other control devices shall be maintained in good 

working order to minimize visible emissions to the atmosphere, and 

operated, cleaned, and maintained in accordance with the manufacturer's 

specifications in a maintenance manual or other written materials supplied 

by the manufacturer or distributor of the catalyst or other control device, 

or chain-driven charbroiler. 

(d) Recordkeeping 

(1) Owners and operators of chain-driven charbroilers equipped with control 

equipment shall, at the time of occurrences listed in subparagraphs 

(d)(1)(A) and (B), record such actions and retain the records for a period 

of not less than five years. These records shall be made available to a 

District representative upon request. Records shall consist of: 

(A) the date of installation or changing of any catalyst or, if applicable, 

other certified control device; and 

(B) the date and time of cleaning and maintenance performed for the 

catalyst or, if applicable, other certified control device. 

(2) Owners and operators of chain-driven charbroilers operating under an 

exemption from provisions of this rule pursuant to subdivision (e), shall 

maintain weekly records of the amount of meat cooked and monthly 

records of the amount of meat purchased. These records shall be retained 

on the restaurant premises for a period of not less than five years and 

made available to a District representative upon request. 

(3) Persons may request use of alternative recordkeeping, provided the 

Executive Officer and EPA have determined, in writing, that the 

alternative recordkeeping method provides equivalent compliance 

assurance as the records specified in paragraphs (d)(1) or (d)(2). 

(e) Exemption 

An owner or operator of a chain-driven charbroiler may apply for an exemption 

from provisions of paragraphs (c)(1) through (c)(4) and (d)(1): 

(1) based on accepting a permit condition limiting the amount of meat cooked 

on the chain-driven charbroiler to less than 875 pounds per week; or 

(2) by supplying evidence from testing pursuant to the test method specified 

in subdivision (g), demonstrating that emissions from the chain-driven 

charbroiler are less than the one pound per day of any criteria air 
Rule 1138 (Cont.) (Adopted November 14, 1997) 

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contaminant, and accepting permit conditions necessary to preclude an 

exceedance of that level of emissions. 

(f) Evaluations 

The Executive Officer will evaluate Rule 1138 and report to the Governing 

Board, no later than 18 months from the date of its adoption, to assess the 

feasibility of emission reductions and whether cost-effective control devices or 

other methods are available for the control of emissions from under-fired 

charbroilers and potentially other commercial restaurant cooking equipment. 

(g) Test Methods 

The District’s Protocol - Determination of Particulate and Volatile Organic 

Compound Emissions from Restaurant Operations shall be used to determine the 

pounds of PM and VOC per 1,000 pounds of meat cooked.