UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

For

EPA’s Direct Final Rulemaking

For the

California State Implementation Plan

San Joaquin Valley Unified Air Pollution Control District 

Rule 4692, Commercial Charbroiling

Prepared by: David Grounds

Reviewed by: Andrew Steckel

June 9, 2011
RULE IDENTIFICATION

Agency: San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD)

SIP Approved Rule: Rule 4692 – Commercial Charbroiling

Adopted – March 21, 2002

Submitted – May 21, 2002

EPA Approved – June 3, 2003 (68 FR 33005)

Subject of this TSD: Rule 4692 – Commercial Charbroiling

Amended – September 17, 2009

Submitted – May 17, 2010

RULE SUMMARY – SJVUAPCD Rule 4692, Commercial Charbroiling, is designed to limit volatile 

organic compound (VOC) and particulate matter (PM) emissions from commercial charbroiling. 

Rule 4692 requirements generally apply to chain-driven charbroilers that cook more than 400 

pounds of meat per week and emit more than one pound per day of any criteria pollutant. Rule 

4692 requires such facilities to operate with a catalytic oxidizer control device and in good 

working order to minimize emissions.

The most significant revision from the previous version of the rule increases the number of 

regulated charbroilers by lowering the exemption threshold in paragraph 4.1.2.1 from 875 to 

400 lbs meat/week. Other revisions reflected in the submitted September 2009 version of the 

rule include:

Paragraph 4.2.1 exempts units that emit less than one lb/day of any criteria pollutant.

Paragraph 5.2 requires catalytic oxidizers to control at least 83% of PM10 and 86% of 

VOC emissions.

Section 5.3 allows the use of alternative control devices of equivalent control efficiency.

Section 6 adds recordkeeping requirements for exempt and non-exempt units.

Section 6 adds certification procedure for control devices.

Section 6.5 adds methods to determine emissions from catalytic oxidizers.

EPA EVALUATION CRITERIA– The following criteria were used to help evaluate the control 

requirements in submitted Rule 4692:

1. Enforceability – Clean Air Act (CAA) §110(a)(2)(A) requires that regulations submitted to 

EPA for incorporation into the SIP must be clear and legally enforceable.

2. Stringency – SJVUAPCD states that there are currently no major source (10 tpy or more 

VOC or NOx) commercial charbroiling operations in SJVUAPCD that require 

implementation of reasonably available control technology (RACT) for Ozone under CAA 
§182(b)(2).1

CAA §172(c)(1) also requires implementation of all reasonably available 

control measures (RACM) for Ozone and PM2.5 as expeditiously as practicable in 

SJVUAPCD. Because charbroiling operations can emit direct PM2.5 and VOCs, SJVUAPCD 

must implement RACM for these activities if they will advance attainment of the PM2.5

or Ozone NAAQS when considered collectively with other measures. Therefore,

additional control measures may be required pursuant to CAA §172(c)(1) if both: (1) 

additional measures are reasonably available; and (2) additional reasonably available 

measures (considered collectively with other measures) will advance attainment in the 

area. We have compared the control requirements in Rule 4692 with the requirements 

of analogous rules in other areas to determine whether the rule requires all measures 

that are “reasonably available” within the meaning of RACM under CAA § 172(c)(1).

2

 In 

separate rulemakings, EPA will take action on the State’s RACM demonstration for PM2.5

and Ozone based on an evaluation of the control measures submitted as a whole and 

their overall potential to advance the applicable attainment dates in the San Joaquin 

Valley.

3. SIP Revisions - We have evaluated this SIP revision to determine whether it would 

interfere with any applicable requirement concerning attainment and reasonable 

further progress (RFP) or any other applicable requirement of the Act (CAA §110(l)) or 

modify, in a nonattainment area, any SIP-approved control requirement in effect before 

November 15, 1990 (CAA §193).

EPA EVALUATION

1. Enforceability – The 2009 version of Rule 4692 specifies clear, unambiguous and 

measurable testing and recordkeeping requirements such that the rule is enforceable in 

practice.

2. Stringency – The requirements in submitted Rule 4692 regarding chain-driven 

commercial charbroilers are generally consistent with relevant guidance and analogous 

rules in other areas. See, for example, the discussion of South Coast Air Quality 

Management District (SCAQMD) Rule 1138 and Bay Area Air Quality Management 

District (BAAQMD) Rule 6-2 in SJVUAPCD’s staff report for submitted Rule 4692 as well 

as appendix E to the staff report. 

3. SIP Revisions - The lower applicability threshold, the requirement for catalytic oxidizers 

to achieve specific control efficiencies, and the clarifications to compliance provisions 

strengthen this rule, and offset minor relaxations such as the exemption of units that 

emit less than one lb/day of any criteria pollutant. On balance, SJVUAPCD estimates 

 

1

SJVUAPCD Final Staff Report for Amendments to Rule 4692, page 15.

2

See, e.g., the RACM requirement for PM2.5 in 40 CFR 51.1010 and the discussions of RACM in 57 FR 13498 (April 

16, 1992) and 57 FR 18070 (April 28, 1992).
that this revised rule will reduce PM2.5 emissions by 0.018 tons/day.3

 Therefore, we 

propose to determine that our approval of the submittal would comply with CAA 

§110(l), because the proposed SIP revision would not interfere with the on-going 

process for ensuring that requirements for RFP and attainment of the NAAQS are met, 

and the submitted SIP revision is more stringent than the rule previously approved into 

the SIP. CAA §193 does not apply to this action because the submitted SIP revision does 

not alter any SIP control requirement in effect before November 15, 1990.

POTENTIAL CONTROL OF ADDITIONAL COMMERCIAL COOKING FACILITIES

SJVUAPCD also analyzed the potential for control of under-fired charbroilers (UFC) in addition 

to the chain-driven charbroiler controls in Rule 4692. However, SJVUAPCD determined that it 

was not reasonable to require UFC controls at this time for reasons including the following:

SJVUAPCD estimates that cost of UFC controls ranges from $22K - $58K/ton PM2.5

reduced, which the District considers high for a PM2.5 control measure. SJVUAPCD also 

estimates that cost of UFC controls is more than 10% of net profits, which the District 

considers a significant impact.

4

Concerns regarding the technical feasibility of control technologies for UFC, including 

reliability and maintenance frequency.5

BAAQMD Regulation 6, Rule 2, is the only regulation we are aware of that currently requires 

controls for UFC. Specifically, paragraph 6-2-302 requires that new UFC above 10 square feet 

certify emissions below 1 lb PM10/1000 lb beef cooked. Paragraph 6-2-303 requires similar 

certification of emissions for existing UFCs effective January 2013. However, most BAAQMD 

UFC facilities are too small to trigger the Rule 6-2 requirements,6and no UFC controls have yet 

been certified to comply with these limits.7

We concur with SJVUAPCD’s conclusion that UFC controls are not “reasonably available” within 

the meaning of RACM in SJVUAPCD at this time for reasons summarized above as well as the 

following:

SJVUAPCD’s cost estimate for UFC controls is similar to analogous estimates from other 

agencies. BAAQMD estimated $17K - $143K/ton VOC and PM8and SCAQMD estimates

$8K - $34K/ton PM.9

 

3

Id., page 14 and Appendix B.

4

Id., page 2 and Appendices C and D. 

5

Id., page 11 - 12.

6

BAAQMD Staff Report for Regulation 6, Rule 2, page 18.

7

Email from Virginia Lau (BAAQMD) to David Grounds (EPA), May 25, 2011. 

8

BAAQMD Staff Report for Regulation 6, Rule 2, page 26.

9

SCAQMD Preliminary Draft Staff Report: Proposed Amended Rule 1138, Table 4.
We are aware of no state (e.g., California Suggested Control Measures) or federal (e.g., 

NSPS, MACT, CTG, ACT) regulation or guidance suggesting that UFC controls are 

reasonably available.

RULE DEFICIENCIES – We have identified no deficiencies with Rule 4692 sufficient for EPA to 

propose less than full approval.

RECOMMENDATIONS – The following revisions are not currently the basis for rule disapproval, 

but are recommended for the next time the rule is amended.

Specify a test method to ensure compliance with the requirements associated with the 

alternative control devices in section 5.3.

Consider requiring UFC emission controls. See, e.g., BAAQMD 6-2, paragraphs 302 and 

303. While we do not have adequate specific evidence that UFC controls are 

“reasonably available” within the meaning of RACM at this time, we note that UFC 

controls have been installed,

10 SJVUAPCD’s cost estimates are not far from what has 

been imposed on other industries, and ongoing technology development should 

continue to reduce cost and technological concerns.

EPA ACTION – The rule fulfills the applicable CAA §110 and title I, part D requirements. 

Therefore, EPA staff recommends approval of Rule 4692 pursuant to CAA §110(k)(3).

REFERENCES 

SJVUAPCD Rule 4692, Commercial Charbroiling, Adopted March 21, 2002.

SJVUAPCD Rule 4692, Commercial Charbroiling, Amended September 17, 2009.

Final Staff Report for Amendments to Rule 4692, SJVUAPCD, October 8, 2009.

BAAQMD Regulation 6, Rule 2, Commercial Cooking Equipment, adopted December 5, 

2007.

BAAQMD Staff Report for Regulation 6, Rule 2, Virginia Lau, BAAQMD, November 2007.

SCAQMD Rule 1138, Control of Emissions from Restaurant Operations, adopted 

November 14, 1997.

SCAQMD Preliminary Draft Staff Report for Proposed Amended Rule 1138, Pamela 

Perryman, SCAQMD, August 2009.

Ventura County Air Pollution Control District, Rule 74.25, Restaurant Cooking 

Operations, adopted, October 12, 2004.

 

10 SJVUAPCD Final Staff Report for Amendments to Rule 4692, page 11.