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 , 2011RULE 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, Com mercial 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 we ek 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 vers ion 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 PM 10 and 86% of

VOC emissions.
Section 5.3 allows the use of alternative control devices of equivalent control eff iciency

. 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 followin g 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 NO x ) 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 PM 2.5 as expeditiously as practicable in SJVUAPCD. Because charbroiling operations can emit direct PM 2.5 and VOCs

, SJVUAPCD must implement RACM for these activities if they will advance attainment of the PM 2.5 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 me asures are reason ably 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 ar eas to determine whether the rule require s 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 PM 2.5 and Ozone based on an evaluation of the control measures submitted as a whole and their overall potential to advance the applicable attainment date s 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

- T he 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 exe mption 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 requir ement for PM 2.5 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 PM 2.5 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 require ments 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 re quirement 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 46 92. 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 PM 2.5 reduced , which the District considers hig h for a PM 2.5 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 PM 10 /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, 6 and no UFC controls have yet
been c ertified 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 estima te for UFC controls is similar to analogous estimates from other agencies. BAAQMD estimated $17K

- $143K /ton VOC and PM 8 and 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.

S pecify a test method to ensure compliance with the requirements associated with the
alternative control devices in sec tion 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

contr ols 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 Reg ulation 6, Rule 2, Commercial Cooking Equipment, adopted December 5,

2007.
BAAQMD Staff Report for Regulation 6, Rule 2, Virginia Lau, BAAQMD, Novembe r 2007. SCAQMD Rule 1138, Control of Emissi ons 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

.