- San Joaquin Valley 

AIR POLLUTION CONTROL DISTRICT 

GOVERNING BOARD 

DATE: 

TO: 

FROM: 

September 17, 2009 

SJVUAPCD Governing Board 

Chris Vierra, Chair 

Councilmember, City of Ceres 

Tony Barba, Vice Chair 

Supervisor, Kings County Seyed Sadredin, Executive ~irectoJ~~~0 

Project Coordinator: Scott Nester 

David G. Ayers 

Councilmember, City of Hanford 

RE: ADOPT REVISED PROPOSED AMENDMENTS TO RULE 

4692 (COMMERCIAL CHARBROILING) AND 

ESTABLISH AN INCENTIVE GRANT PROGRAM FOR 

UNDER-FIRED CHARBROILERS 

Judith G. Case 

Supervisor, Fresno County 

Ronn Dominici 

Supervisor, Madera County 

Henry Jay Forman, Ph.D. 

Appointed by Governor RECOMMENDATIONS: 

Jesus J. Gamboa 

Councilmember, City of Visalia Adopt revised proposed amendments to Rule 4692 (Commercial 

Charbroiling). Ann Johnston 

Mayor, City of Stockton 

Approve proposed pilot Charbroiler Incentive Program (ChlP) to 

fund the installation of particulate controls on under-fired 

charbroilers. 

Randy Miller 

Councilmember, City of Taft 

Michael 6. Nelson 

Supervisor, Merced County Authorize funding of the program for up to $500,000 and approve 

the use of Indirect Source Review (ISR) mitigation fees to fund 

incentive program. 

William O'Brien 

Supervisor, Stanislaus County 

Leroy Omellas 

Supervisor, San Joaquin County Direct the Air Pollution Control Officer to further investigate 

economic feasibility and availability of particulate controls for 

under-fired charbroilers and present an assessment to the 

Governing Board during the first quarter of 201 1, including a 

recommendation on the need for further rulemaking for underfired charbroilers. 

John G. Telles, M.D. 

Appointed by Governor 

Raymond A. Watson 

Supervisor, Kern County 

J. Steven Worthley 

Supervisor. Tulare County 

Authorize the Chair to sign the attached Resolution. 

Seyed Sadredin 

Executive Director 

Air Pollution Control Officer 

BACKGROUND: 

Northern Region Office 

4800 Enterprise Way 

Modesto, CA 95356-8718 The San Joaquin Valley Air Basin has been designated by the United 

~209)557.6400eFAX~2091557~6475 States Environmental Protection Agency (EPA) as a non-attainment 

Central Region Office area for fine particulate matter with aerodynamic diameter of 2.5 

1990 East Gettysburg Avenue micrometers or less (PM2.5). Commercial cooking operations using 

Fresno, CA 93726.0244 

(559) 230-6000 FAX 1559) 230.6061 charbroilers were identified as a potential source for reducing these 

emissions and helping the District reach attainment. The District's 2008 

Southern Region Office 

34946 Flyover Court 

Bakersfield, CA 93308.9725 

(661) 392-5500 FAX (661) 392.5585 

www. valleyair. org 
SJVUA PCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4692 (COMMERCIAL CHARBROILING) AND 

ESTABLISH AN INCENTIVE GRANT PROGRAM FOR UNDER-FIRED CHARBROILERS 

September 17, 2009 

PM2.5 Plan made a commitment to reduce PM2.5 emissions from charbroilers by about 

2.2 tons per day. 

There have been three workshops to present the rule amendments and seek comments 

from the public before the proposed rule amendments were brought before ,the District's 

Governiug Board for adoption. The workshops were held in October 2008, February 

2009, and April 2009. Although District staff sent over 6,000 workshop notices to 

restaurant operators throughout the Valley, participation in the workshops was 

extremely limited, likely because the bulk of the industry had not previously been 

regulated by the Valley Air District and is unaccustomed to participating in the rule 

development process. However, District staff made changes to the draft rule based on 

the concerns expressed by those operators who did attend the workshops. 

During theGoverning Board meeting on June 18, 2009, significant concerns were 

raised by the owners and operators of under-fired charbroilers regarding the economic 

feasibility and viability of the particulate controls proposed. As a result of the public 

comments, the Governing Board directed staff to meet with operators of under-fired 

charbroilers and other interested parties to address concerns. After meeting with 

control technology vendors and operators, District staff considered the new information 

received. It was determined that previous socioeconomic impact analysis did not reflect 

the true costs of compliance with the changes in the rule proposed in June and the cost 

of PM2.5 reductions was determined to be unreasonably high. District staff is, 

therefore, proposing that controls for under-fired charbroilers not be covered by the rule 

at this time, and that a pilot incentive grant program be initiated to advance 

development of under-fired charbroiler emissions control. 

The controls for chain-driven charbroilers were found to be cost-effective and the 

technology has been in wide usage for a number of years. 'Therefore, today's proposed 

amendments contain the same requirements for those units as was initially proposed in 

June 2009. 

In removing under-fired charbroilers from control requirements, the rule project will not 

achieve the target emission reduction in the District's 2008 PM2.5 Plan. The shortfall 

can be made up by extra reductions achieved in other rules. Rule projects other than 

the charbroiler rule have netted more than enough emission reductions to make up for 

the reduced rule effectiveness of the charbroiler rule project. 

DISCUSSION: 

Amending Rule 4692 (Commercial Charbroiling) would implement a control measure 

commitment in the District's 2008 PM2.5 Plan. Rule 4692 (Commercial Charbroiling) 

was originally adopted in 2002 and established emission control standards for chaindriven charbroilers. The smoke and vapors generated by cooking on a charbroiler 

contain water, volatile organic compounds (VOCs), and PM. Larger particles and 
SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4692 (COMMERCIAL CHARBROILING) AND 

ESTABLISH AN INCENTIVE GRANT PROGRAM FOR UNDER-FIRED CHARBROILERS 

September 7 7, 2009 

grease from an under-fired charbroiler are typically captured by the grease filter of the 

ventilation hood over the charbroiler. The remaining VOCs and smaller PM are 

exhausted to the atmosphere, unless a secondary control is installed. 

The current rule allows ownerloperators who cook less than a certain amount of meat 

on their chain-driven units to be exempt from control requirements (limited-use units), 

although the ownerloperators must demonstrate that they are exempt through weekly 

record-keeping . For chain-driven units, the proposed amendments would reduce the 

exemption threshold from 875, pounds per week to 400 pounds of meat cooked per 

week. In addition to the limited-use exemption, the rule would exempt low-emitting 

("clean") units. Operators of larger chain-driven charbroilers already subject to control 

requirements would not have any added requirements under the proposed rule. The 

smaller operations that would become subject to the rule due to the proposed change in 

the exemption level would have about 15 months to install control equipment. Unlike 

under-fired charbroilers, the installation of chain-driven charbroiler control equipment is 

straightforward and essentially no structural changes are needed for the retrofit. The 

cost to retrofit chain-driven charbroilers is about $1,990 per year. Additionally, serious 

questions concerning the reliability and feasibility of under-fired charbroiler controls 

remain that must be answered. 

Need for Further Assessment 

Control devices including HEPA filters, electrostatic precipitators, and wet scrubbers 

appear to have promise for use with the under-fire charbroilers. However, in light of 

the new information that we have received and given the high cost of these controls 

for under-fired charbroilers, District staff cannot recommend these controls for the 

rule at this time. Reliable and verifiable information and more careful examination 

are needed to judge these systems' reliability in the field. 

Bay Area Air Quality Management District (BAAQMD) has already adopted a rule for 

these units which will require controls beginning January 1, 2010. South Coast Air 

Quality Management District (SCAQMD) is also in the process of adopting regulations 

for charbroilers which may include controls for under-fired charbroilers (expected 

adoption - January 2010). The newly-adopted federal health-based standard for PM2.5 

will also mandate that the District adopt a new attainment plan in 2012, calling for 

additional reductions in directly-emitted PM2.5. 

District staff will perform a comprehensive assessment benefitting from new and 

expanded information as these new controls are employed. As part of the assessment 

the following outstanding issues will be evaluated: 

Whether an under-fired charbroiler is included in the kitchen appliances for 

facilities that vendors report as having these controls (some of these controls 

appear to be only serving fryers); 
SJVUA PCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4692 (COMMERCIAL CHARBROILING) AND 

ESTABLISH AN INCENTIVE GRANT PROGRAM FOR UNDER-FIRED CHARBROILERS 

September 7 7, 2009 

The type of meat being charbroiled; 

The actual amount of charbroiling done; 

The length of time the control system has been in use; 

The size of the control system; 

The costs and labor involved in routine operating and maintenance based on 

actual experience of the operators; and 

Actual field data on control system reliability such as maintenance frequency, 

control efficiency, and frequency of equipment breakdown. 

As part of today's recommendations, the Air Pollution Control Officer will present a 

report about this assessment, including a recor~imendation on the need and feasibility 

for further rulemaking concerning under-fired charbroilers. This report will be presented 

to your Board in the first quarter of 201 1. 

Health Impact 

As was the case with domestic wood burning, emissions from charbroiling are 

increasingly understood to pose a threat to public health. Charbroiling contributes a 

significant fraction of PM2.5 found in urban areas. In a Los Angeles study, estimated 

emissions of charbroiling ranged from 4,400 to 4,900 kglday vs. 1,400 kglday for eat 

frying. The authors estimated that approximately 21 % of all fine organic carbon (OC) 

particulates in the region originated with meat frying or charbroiling. ' A subsequent 

California Regional Particulate Air Quality Study (CRPAQS) study conducted in 

Fresno estimated that meat cooking contributed 6 to 14% of organic carbon aerosol 

found in the city. 2~he same study found that charbroiled hamburger emits up to 40 

grams of fine aerosol per kilogram of meat cooked versus 7 grams per kilogram for 

extra lean meat. 

In addition to emission quantification, environmental health research has helped 

bring to focus the quality of charbroiling emissions and their attendant health 

hazards. Organic substances containing carbon and hydrogen produce polycyclic 

aromatic hydrocarbons (PAHs) during incomplete combustion (pyrolysis). 'The 

process of charbroiling, characterized by fat falling on either flame or charcoal, 

results in two to five times higher emissions of PAH by mass when compared with 

frying, an increase that is comparable to the greater overall PM2.5 emissions 

See Hildemann et al. (1991) Environmental Science and Technoloay, Vol. 25, pp. 744-751. 

See Schauer and Cass (2000) Environmental Science and Technology, Vol. 34 (9), pp. 1821-1832. 
SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4692 (COMMERCIAL CHARBROILING) AND 

ESTABLISH AN INCENTIVE GRANT PROGRAM FOR UNDER-FIRED CHARBROILERS 

September 17, 2009 

generated by charbroiling cited in the previous paragraph.33 In addition to having 

carcinogenic properties, these organic chemicals have been shown to promote 

oxidative stress in the lungs, resulting in altered lung function and capacity. For 

example, scientific evidence of suppressed lung function in Fresno asthmatics 

resulting from inhaled PAH (chrysenequinone) was presented by Tim Tyner of 

UCSF to your Board at the June 18,2009 Board meeting. The low wind speeds and 

chronic evening thermal inversions that characterize the San Joaquin Valley have 

the additional effect of limiting dispersion of emissions from commercial charbroiling. 

As with domestic wood burning, this potential for neighborhood-level concentration 

of emissions during evening or multi-day stagnation events raises environmental 

justice concerns, e.g. residential areas that border shopping centers where 

restaurants are located. To conclude, there is ample environmental health 

justification to begin the process of reducing public exposure to charbroiling 

emissions via the proposed incentive program. Past experience has shown that this 

inducement of demand will accelerate the development and cost-effectiveness of 

technological control options. 

Under-fired Charbroiler Incentive Grant Program (ChlP) 

The District staff is recommending ,that incentive funds in the form of grants be made 

available for the purpose of installing particulate control devices on existing under-fired 

charbroilers. The US EPA recognizes that there are circumstances when additional 

emission reductions can be better achieved through economic incentives. This is 

especially true in cases like this where control technology is expensive and is being 

newly applied to sources under consideration. 

The District proposes to design a charbroiler incentive program that achieves maximum, 

cost-effective emissions reductions. In this program, the District would not specify the 

control technology to be used, but, rather, would provide an incentive level based on 

cost-effectiveness while allowing the operator to determine the best control technology 

for hislher operation. The level of incentive funding would depend on several factors, 

including the amount of meat being cooked, the project life, and cost-effectiveness of 

those reductions. The District would enter into legally binding agreements with 

interested operators to ensure that the emissions reductions occur over the life of the 

project. To make certain that the predicted emission reductions are achieved, the 

District would employ a variety of methods, including, but not limited to, project audits, 

inspections, and annual reporting. 

It is estimated that funding for each operation will range from approximately $20,000 to 

$80,000, depending on the size of the operation and amount of meat cooked. On 

average, this would fund approximately 60% to 90% of the capital cost, including 

equipment and installation, depending on the specific control-technology selected by the 

3 See Rogge et al. (1.991) Environmental Science and Technology, Vol. 25, pp. 11 12-1 125. 
SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4692 (COMMERCIAL CHARBROILING) AND 

ESTABLISH AN INCENTIVE GRANT PROGRAM FOR UNDER-FIRED CHARBROILERS 

September 17, 2009 

operator. The operator will be responsible for ongoing operational and maintenance 

costs. Although high ongoing operating costs may discourage some from participating 

in the incentive program, it is hoped that a number of operators would choose to 

participate given the rules in other areas and the likelihood that the District will need 

additional reductions in the future. To gauge interest and need for funding, the staff 

recommends a pilot program for up to 10 units operating over the next 12 months. 

The District proposes to allocate up to $500,000 for this pilot program through a 

competitive solicitation. It is anticipated that funding for the program will come from 

Indirect Source Review (ISR) fees generated by the District. Consequently, the 

program cost-effectiveness thresholds and will be established pursuant to the applicable 

cost-effectiveness limits in the ISR program. A more complete description of the 

proposed incentive grant program is attached. 

Emission Reductions 

In order to reach attainment, the District's 2008 PM2.5 Plan committed the District to 

achieving a specific amount of total emission reductions of directly-emitted PM2.5 and 

PM2.5 precursors from the Plan control measures as a whole. The Plan also included 

estimated reductions from each measure contained in the Plan. For the charbroiler 

control measure, the Plan estimated a reduction of 2.2 tons per day of directly-emitted 

PM2.5. The Plan estimate erroneously applied the possible 90% control efficiency to 

the entire baseline emission inventory for this source category. The staff analysis 

accompanying the rule indicates that only 30% of the under-fired units would have been 

subject to the control measure as envisioned in the Plan. Despite the over-estimate, the 

District is obligated to achieve the total reductions committed to in the Plan. -The errors 

in the Plan estimate combined with the reduced effectiveness of the rule, as currently 

proposed, create a shortfall of approximately 2.2 tons per day of PM2.5. 

The shortfall in emission reductions from this rule project must be made up in order to 

reach the goal of cleaner air for all Valley residents, and satisfy Clean Air Act 

requirements. Emission reduction shortfalls from a given control measure can be made 

up through other control measures achieving more reductions than planned. Recentlyadopted rules like Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) 

and Rule 4354 (Glass Melting Furnaces) each reduced more directly-emitted PM2.5 

than planned. Table 1 shows how a portion of the shortfall from this rule is made up 

with surplus reductions of directly emitted PM2.5 emission from other District rules. 

The surplus directly-emitted PM2.5 from other rule projects would not be enough to 

offset the shortfall from this rule, by about 1.8 tons per day. Other rules adopted by 

your Board have achieved greater-than-expected reductions of PM2.5 precursors, 

oxides of nitrogen (NOx) and oxides of sulfur (SOX). These reductions can be weighted 

to PM2.5 equivalents. The ratio for NOx is 2.63 tons of NOx per ton of PM2.5, and the 

ratio for SOX is 1.0 ton of SOX per ton of PM2.5. Tables 2 and 3 show the estimated 

surplus from NOx and SOX weighted as PM2.5 equivalents. 
SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4692 (COMMERCIAL CHARBROILING) AND 

ESTABLISH AN INCENTIVE GRANT PROGRAM FOR UNDER-FIRED CHARBROILERS 

September 7 7, 2009 

Table 1 - Estimated Surplus Reductions, Directly-Emitted PM2.5 

I I I I 1 

PM2.5 Reductions, tons per day 

Plan 

Reduction 

Commitment 

Rule # 1 Source Category 

Rule 

Reductions 

4103 1 Open Burning 

Table 2 - Estimated Surplus Reductions, Oxides of Nitrogen (NOx) 

Surplus 

Reductions 

2014 

3.49 1 3.49 1 0.00 1 

4306 

4901 

4354 

4692 

201 4 

Rule 4103 amendment is scheduled for consideration in 2010. 

Rule 4354 reductions will be counted if the Board approves the 2008 rule amendments as a SIP 

revision; this consideration is scheduled for early 2010. 

Boilers, Steam Generators and Process 

Heaters (>5 MM Btulhr) 

Wood Burning Fireplaces and Wood 

Burning Heaters 

Glass Melting Furnaces 

Commercial Charbroiling 

Total 

NOx Reductions, tons per day 

1 4103 1 Open Burning 2.65 1 2.65 1 0.00 1 0.00 1 

2014 

Rule # 

0.24 

0.69 

0.00 

2.28 

6.70 

Plan 

Reduction 

Commitment 

Source Category 

4306 

4308 

4703 

4354 

4902 

4901 

0.24 

1.06 

0.08 

0.02 

4.89 

Rule 

Reductions 

0.00 

0.37 

0.08 

-2.26 

-1.81 

201 4 

Rule 41 03 amendment is scheduled for consideration in 2010. 

Rule 4354 reductions will be counted if the Board approves the 2008 rule amendments as a SIP 

revision; this consideration is scheduled for early 2010. 

Boilers, Steam Generators and 

Process Heaters (>5 MWI Btulhr) 

Boilers, Steam Generators and 

Process Heaters (0.075 to <2 

MMBtuIhr) 

Stationary Gas Turbines 

Glass Melting Furnaces 

Residential Water Heaters 

Wood Burning Fireplaces and 

Wood Burning Heaters 

Total 

Surplus 

Reductions 

Surplus 

Reductions 

as PM2.5 

Equivalents 

2014 

1.52 

0.55 

2.21 

1.58 

0.40 

0.06 

8.97 

201 4 

1.60 

2.22 

2.21 

4.07 

0.52 

0.1 1 

13.38 

2014 

0.08 

1.67 

0.00 

2.49 

0.12 

0.05 

4.41 

0.03 

0.63 

0.00 

0.95 

0.05 

0.02 

1.68 
SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4692 (COMMERCIAL CHARBROILING) AND 

ESTABLISH AN INCENTIVE GRANT PROGRAM FOR UNDER-FIRED CHARBROILERS 

September 7 7, 2009 

Table 3 - Estimated Surplus Reductions, Oxides of Sulfur (SOX) 

Taking Tables 1, 2, and 3 together, rule projects other than the charbroiler rule have 

netted more than enough emission reductions to make up for the reduced rule 

effectiveness of this rule project. 

SOX Reductions, tons per day 

4103 

4306 

4354 

4901 

Cost Effectiveness Analysis 

The California Health and Safety Code, Section 40920.6(a), requires the District to 

analyze the cost effectiveness of new rules or rule amendments that implement Best 

Available Retrofit Control Technology (BARCT) or all feasible measures. The cost 

effectiveness analysis is attached as Appendix C of the Final Draft Staff Report. 

Plan 

Reduction 

Commitment 

Rule 4103 amendment is scheduled for consideration in 2010. 

Rule 4354 reductions will be counted if the Board approves the 2008 rule amendments as a SIP 

revision; this consideration is scheduled for early 2010. 

Open Burning 

Boilers, Steam Generators and 

Process Heaters (>5 MM Btulhr) 

Glass Melting Furnaces 

Wood Burning Fireplaces and 

Wood Burning Heaters 

Total 

Socioeconomic Analysis 

State law requires the District to analyze the socioeconomic impacts of any proposed 

rule amendment that significantly affects air quality or strengthens an emission 

limitation. The socioeconomic impact report is attached as Appendix D of the Final Draft 

Staff Report. 

0.06 

0.76 

0.00 

0.02 

0.84 

Rule Consistency Analysis 

Surplus 

Reductions 

as PM2.5 

Equivalents 

Rule 

Reductions 

Pursuant to California Health & Safety Code Section 40727.2, District staff has prepared 

a rule consistency analysis that compares the elements of Revised Proposed Rule 4692 

with the corresponding elements of other District rules, federal regulations and 

guidelines that apply to the same source category or type of equipment. The rule 

consistency analysis is attached as Appendix E to the Final Draft Staff Report. 

Surplus 

Reductions 

0.06 

1.92 

1.41 

0.03 

3.42 

0.00 

1.16 

1.41 

0.01 

2.58 

0.00 

1.16 

1.41 

0.01 

2.58 
SJVUAPCD Governing Board 

ADOPT REVISED PROPOSED AMENDMENTS TO RULE 4692 (COMMERCIAL CHARBROILING) AND 

ESTABLISH AN INCENTIVE GRANT PROGRAM FOR UNDER-FIRED CHARBROILERS 

September 17, 2009 

Environmental Impacts 

Pursuant to Section 15061 of the California Environmental Quality Act (CEQA), staff has 

investigated the possible environmental impacts of the proposed amendments to Rule 

4692. Based on the lack of evidence to the contrary, staff has concluded that the 

proposed amendments to the rule will not have any significant adverse effects on the 

environment. Staff recommends filing a Notice of Exemption under the provisions of 

Public Resource Code 15061 (b)(3). 

Rule Development Process 

District staff conducted public workshops in October 2008, February 2009, and April 

2009 to present and discuss the proposed amendments to Rule 4692. District staff 

solicited information from affected source operators, consultants, vendors, and 

manufacturers of control technologies, and trade associations on the technological 

feasibility and cost information used in developing the proposed rule amendments. 

Staff incorporated comments received during the public workshop process in the 

proposed rule amendments, as appropriate. 

'The notice of the public hearing for the proposed amendments to Rule 4692 was 

published in a general circulation newspaper in each of the eight San Joaquin Valley 

counties and mailed to affected sources, interested parties, the public, EPA and ARB. 

The public notice solicited written comments to be submitted by mail, and it also 

identified the name and telephone number of the District staff who was able to answer 

questions and respond to comments. 

FISCAL IMPACT: 

Sufficient funding for the incentive grant program was included in the 2009-1 0 District 

Budget. Therefore, approval of the recommendations in this item will require no 

modifications to the District Budget. 

Attachments: 

Charbroiler Incentive Program (ChlP) Guidelines (4 pages) 

Resolution for Revised Proposed Amendments to Rule 4692 (5 pages) 

Revised Proposed Amendments to Rule 4692 (1 0 pages) 

Final Draft Staff Report with Appendices for Revised Proposed Amendments to Rule 4692 (68 

pages)