1138 - 1 (Adopted November 14, 1997)

RULE 1138. CONTROL OF EMISSIONS FROM RESTAURANT OPERATIONS

(a) Applicability This rule applies to owners and ope rators of commercial cooking operations, preparing food for human consumption. Th e 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 cont rol 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 au tomatically moves food through the device and consists of three main co mponents: a grill, a high temperature radiant surface, and a heat source. (3) CHARBROILER means a cooking de vice composed of the following three major components: a grated gr ill, a high-temperature radiant surface and a heat source. The heat sour ce heats the high-temperature radiant surface, which provides the heat to cook the food resting on the grated grill. This includes, but is not lim ited to broilers: grill charbroilers, flamebroilers and direct-fired barbecues. (4) EXISTING CHAIN-DRIVEN CHARBRO ILER 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)

1138 - 2 (8) UNDER-FIRED CHARBROILER means a cooking device which has a grill, a high temperature radiant su rface, 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 me thod specified in subdivision (g) and certified by the Executive Officer. Othe r control devices or methods may be used, if found, in accordance with the test method specified in subdivision (g), to be as or more e ffective than the catalytic oxidizer in reducing particulate matter (PM) a nd 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 ha s been tested in accordance with the test method specified in subdivisi on (g) and certified by the Executive Officer, or other control device or met hod found to be as or more effective than the catalytic oxidizer in re ducing PM and VOC emissions in accordance with the test method specifi ed 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 opera ted with a catalytic oxidizer control device, and this combination ch arbroiler/catalyst has been tested in accordance with the test method specifi ed 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 catal ytic 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)

1138 - 3 (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 th e 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 o ccurrences 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 changi ng 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-dr iven charbroilers operating under an exemption from provisions of this ru le pursuant to subdivision (e), shall maintain weekly records of the amount of meat cooked and monthly records of the amount of meat purchase d. These records shall be retained on the restaurant premises for a peri od 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 pur suant to the test method specified in subdivision (g), demonstrating thatemissions from the chain-driven charbroiler are less than the one pound per day of any criteria airRule 1138 (Cont.) (Adopted November 14, 1997)

1138 - 4 contaminant, and accepting permit conditions necessary to preclude an exceedance of that level of emissions.

(f) Evaluations The Executive Officer will evaluate Ru le 1138 and report to the Governing Board, no later than 18 months from th e date of its adoption, to assess the feasibility of emission reductions and whet her cost-effective control devices or other methods are available for the c ontrol of emissions from under-fired charbroilers and potentially other commercial restaurant cooking equipment.

(g) Test Methods The District’s Protocol - Determinati on of Particulate and Volatile Organic Compound Emissions from Restaurant Opera tions shall be used to determine the pounds of PM and VOC per 1,000 pounds of meat cooked.