### SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

PRELIMINARY DRAFT STAFF REPORT:

PROPOSED AMENDED RULE 1138 - CONTROL OF EMISSIONS FROM
RESTAURANT OPERATIONS

August 2009

Planning, Rule Development, and Area Sources

Deputy Executive Officer Planning, Rule Development and Area Sources Elaine Chang, DrPH

Assistant Deputy Executive Officer Planning, Rule Development and Area Sources Laki Tisopulos, Ph.D., P.E.

Director of Strategic Initiatives Planning, Rule Development and Area Sources Jill Whynot

Authors: Pamela Perryman, Air Quality Specialist

Technical Assistance: Glenn Kasai, Air Quality Engineer II

Reviewed by:
Tracy A. Goss, P.E., Program Supervisor
Jeri Voge, Senior Deputy District CounselSOUTH COAST AIR QUALITY MANAGEMENT DISTRICT GOVERNING BOARD

Chairman: WILLIAM A. BURKE, Ed.D. Speaker of the Assembly Appointee

Vice Chairman: S. ROY WILSON, Ed.D. Supervisor, Fourth District Riverside County Representative
MEMBERS:

MICHAEL D. ANTONOVICH Supervisor, Fifth District Los Angeles County Representative

MICHAEL A. CACCIOTTI Councilmember, City of South Pasadena Cities Representative, Los Angeles County, Eastern Region

BILL CAMPBELL Supervisor, Third District Orange County Representative

JANE W. CARNEY Senate Rules Committee Appointee

JOSIE GONZALES Supervisor, Fifth District San Bernardino County Representative

RONALD O. LOVERIDGE Mayor, City of Riverside Cities Representative, Riverside County

JOSEPH K. LYOU, Ph.D. Governor's Appointee

JAN PERRY Councilmember, 9 th District City of Los Angeles Representative

MIGUEL PULIDO Mayor, City of Santa Ana Cities Representative, Orange County

TONIA REYES URANGA Councilmember, City of Long Beach Cities Representative, Los Angeles County, Western Region

DENNIS YATES Mayor, City of Chino Cities of San Bernardino County Representative

EXECUTIVE OFFICER: BARRY R. WALLERSTEIN, D.Env.

### Table of Contents

Executive Summary

................................................... ............................................1

Regulatory Background

................................................... .....................................2

Public Process

................................................... ................................................... ...4

Air Quality Standards

................................................... ........................................4

Health Effects from Fine Particulate Matter

................................................... ...5

Purpose and Applicability

................................................... ..................................6

Legal Authority

................................................... ................................................... 6

Affected Industry

................................................... ................................................6

Summary of Proposed Rule Amendments

................................................... ........8

Additional Staff Efforts

................................................... ....................................10

Emissions Inventory

................................................... ..........................................11

Control Technology Assessment

................................................... ......................12

Cost-Effectiveness

................................................... .............................................15

Incremental Cost-effectiveness

................................................... ........................18

Comparative Analysis

................................................... .......................................18

Analysis of Alternatives

................................................... ....................................20

California Environmental Quality Act (CEQA) ...............................................20

Socioeconomic Assessment

................................................... ...............................21

Draft Findings Under the California Health and Safe ty Code ........................21

Conclusion

................................................... ................................................... ......21

References

................................................... ................................................... .......23

Appendix I – Emission Factors for Commercial Cookin g Operations

Appendix II – Test Protocol for Determining PM Emis sions from Under-fired

CharbroilersList of Tables and Figures

Tables Table 1 Summary of Particulate Matter Standards (μg /m 3 )....................5

Table 2 Summary of Under-fired Charbroiler Compliance Dates

............ 9

Table 3 Control Technology Summary............................................. 16

Table 4 Comparison of Proposed Amended Rule 1138 with BAAQMD Rule 2 and SJUVAPCD Proposed Rule

4692................................................

.......... .................... 19

Figures Figure 1 Estimated Emission Inventory.........

.............................. 7

Figure 2 Wet Scrubber................................................................. 13

Figure 3 Electrostatic Precipitator................................................ ... 15PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 1 August 2009 

### EXECUTIVE SUMMARY

Restaurants emit particulate matter (PM) and volati le organic compounds (VOCs) which

contribute to ozone formation. Emissions from all restaurants in the South Coast Air Basin (Basin) amount to approximately 11.3 tons/day of PM 2.5 1 . Restaurant equipment contributing to the emissions of PM 2.5 include charbroilers, griddles, and deep fat fryer s. Charbroilers are further categorized as chain-drive n and under-fired. Equipment descriptions are presented in the “Rule Development ” section.

Proposed Amended Rule 1138 will reduce PM 2.5 emissions from under-fired charbroilers with the highest volume of beef cooked. The curren t rule covers chain-driven charbroilers; this amendment would decrease PM 2.5 from under-fired charbroilers, the largest contributor to overall emissions from resta urant equipment. Under-fired charbroilers were not previously addressed because there were no feasible, cost-effective controls commercially available.

The Bay Area Air Quality Management District (BAAQM D) adopted a rule in December

2007 to cover both chain-driven and under-fired cha rbroilers, prompting consideration of all feasible measures for the South Coast Air Quali ty Management District (SCAQMD)

which is in non-attainment for PM standards. In Ju ne 2009, San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) proposed to amend Rule 4692 – Commercial Charbroiling in response to BAAQMD’s action for thi s source category and all feasible measures. The action was continued to the August B oard hearing.

AQMD’s staff proposal is designed to cover 22% of t he restaurant-related emissions and will apply to 7% (approximately 930) of the restaur ants using under-fired charbroilers (13,300). The original Rule 1138 covering chain-dr iven charbroilers applied to mostly large chain operations. Staff examined the differe nce in BAAQMD and SJVUAPCD and the District’s exemption levels for chain-driven ch arbroilers (see Regulatory Background, below). This proposed amendment would apply to som e large chains but also some larger independently owned restaurants. The propos ed rule will implement Control

Measure #2007 BCM-05 – PM Emission Reductions from Under-fired Charbroilers, and make progress towards attainment of federal and sta te PM 2.5 standards. Implementation of the proposed rule will result in a decrease in v isible emissions for this industry.

Commercially available control technologies include scrubbers and electrostatic precipitators (ESPs). Source tests for one scrubbe r device indicated a reduction of 85%

PM 2.5 emissions is possible. The proposal limits the re quirements for controls to those devices cooking > 1,250 pounds of beef per week based on a cost-effec tiveness calculation of an $8,400/ton reduced (capital cost approximately $33,000). The costs would vary for parameters such as new versus retrof it, size of ventilation system, and equipment options. This size of operation constitu tes approximately 7% (~930) of the

universe of under-fired charbroilers. Emission red uctions of PM 2.5 are estimated to be 2.1 tons/day PM 2.5 by mid-2013 with full rule implementation

.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 2 August 2009 

### REGULATORY BACKGROUND

Control measures for emissions from this source cat egory first appeared in the 1989 AQMP 2 as #88-C-3 - Control of Emissions from Commercial Charbroiling (PM 10 , VOC), and in the 1991 AQMP 3 as A-C-4 - Control of Emissions from Deep-fat Fryi ng (PM 10 , VOC). These control measures were combined in both the 1994 4 and 1997 5 AQMPs as PRC-03 - Control of Emissions from Restaurant Opera tions (PM 10 , VOC).

In November 1997, the Governing Board adopted Rule 1138 - Control of Emissions from Restaurant Operations. This rule requires emission reductions from chain-driven charbroilers, the only equipment that, at the time of rule adoption, had a cost-effective control technology identified. The installation of flameless catalytic oxidizers, or equivalent control devices, to chain-driven charbro ilers was estimated to reduce 0.5 tons/day of PM and 0.2 tons/day of VOC emissions by the final implementation date of November 1999. However, revised numbers from the 1 999 Pacific Environmental Services, Inc. study titled “A Detailed Survey of R estaurant Operations in the South

Coast Air Basin” 6 indicated additional reductions could be achieved from chain-driven charbroilers by the implementation of Rule 1138. T he original Rule 1138 staff report and subsequent SIP submittal focused on reductions of P M emissions even though testing showed the majority of emissions from restaurant op erations are below PM 2.5 because at

the time there were no PM 2.5 standards (state or federal). This amendment will be seeking credit for reductions in PM 2.5 for progress towards attainment of those standards

.

At the time of Rule 1138’s development, industry re quested that the rule be structured as a “total restaurant” rule covering all equipment op erated at a restaurant. Thus, the title of the rule is intentionally broad “....Restaurant Ope rations” and the “Applicability” section indicated that future rule development was foreseea ble for other restaurant cooking equipment. Specifically noted for future rule deve lopment efforts were under-fired charbroilers. Rule 1138 states that it applies to owners and operators of commercial cooking operations; however, only sources using cha in-driven charbroilers are subject to the requirements of the current rule.

Rule 1138 included a commitment to address equipmen t other than chain-driven charbroilers with future requirements. The rule re quired a report to the Governing Board within 18 months of Rule 1138’s adoption, on the fe asibility of achieving further restaurant operations emission reductions, specific ally under-fired charbroilers and potentially other commercial restaurant cooking equ ipment. The Board received a report at the May 14, 1999 Governing Board meeting, on eme rging control technology for

under-fired charbroilers and an overview of the wor k to date by the University of California Riverside, College of Engineering, Cente r for Environmental Research and Technology (CE-CERT) 7 . The report pointed out that a continuing effort to find costeffective and technologically feasible controls for the restaurant industry had been ongoing since 1991. The earlier phases of this eff ort included the investment of significant resources in improving test methods and developing emission factors. The 1999 Amendment to the 1997 Ozone State Implementati on Plan for the South Coast Air

Basin 8 listed PRC-03 – Emission Reductions from Restauran t Operations – Phase II, with reductions of 0.9 tons/day of VOC and 7.0 tons/day of PM 10

.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 3 August 2009 In August 2000, staff reported to the Board that co st-effective controls for under-fired

charbroilers were limited and recommended substitut ing the remaining 0.9 tons/day of VOC emissions assigned to this source category with another control measure achieving excess VOC emissions. The 2003 AQMP included Contr ol Measure PRC-03- Emission Reductions from Restaurant Operations to reduce PM 10 emissions by 1 ton per day by 2010. The limited emission reduction projection fr om a baseline of approximately 10 tpd

was based on the fact that cost-effective controls for the majority of under-fired charbroilers had not been developed. A report to t he Board in December 2004 recommending that findings of infeasibility be made , and substituting emission reductions from other adopted rules as required by the 2003 AQMP. Staff also recommended funding demonstration projects and alth ough the Board authorized up to $200,000 from mitigation fees from the Priority Res erve, no applications were received.

Further actions regarding charbroilers included the adoption of Rule 222 – Filing Requirements for Specific Emission Sources not Requ iring a Written Permit Pursuant to Regulation II, at the September 11, 1998 Board meet ing. This rule removed the requirement for charbroilers to obtain a Permit to Operate and instead offered a reducedcost filing program. Charbroilers are no longer re quired to obtain permits thus, best available control technology (BACT) no longer appli es to this source category. Emission reductions will be achieved through source-specific rules. Under the proposed rule amendments, control equipment for under-fired charb roilers will not require a Permit to Operate due to language in Rule 222 which lists “co mmercial charbroilers and associated air pollution control equipment.” The current fee for initial filing and the annual renewal fee are the same at $163.71.

In November 2007, the BAAQMD adopted Regulation 6, Rule 2: Commercial Cooking Equipment. This rule requires controls on chain-dr iven charbroilers and on under-fired charbroilers meeting the requirements of: 10 squar e feet of surface area; purchasing 1,000 pounds of beef or more per week; and cooking 800 lbs. of beef/week. The BAAQMD based their decision on cost-effective value s of $17,300/ton of VOC and PM removed for HEPA filters and $19,500/ton of VOC and PM removed for electrostatic precipitators. A socio-economic analysis compared the annual cost of these two compliance options to net profits and, although for some operations (those employing between 20 and 49 workers) the ratio exceeded 10%, it was stated that “businesses on individual and group bases can re-coup cost in” the controls “without any impact to typical service levels. Impacts are less than sign ificant, in other words.”

Pursuant to Health and Safety Code Section 39614, A QMD is required to adopt control measures for commercial grilling operations (H&S §3 9614(b)(3)). Because the BAAQMD rule includes controls for under-fired charb roilers, AQMD must now consider and analyze controls for this emission source, and determine whether they are feasible and cost-effective for this District as required by H&S §39614. SJVUAPCD and the BAAQMD rules are compared to the District proposal in Table 4. The District has the ability to customize requirements for sources under its jurisdiction. SJUVAPCDPAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 4 August 2009 followed the BAAQMD regulatory approach with a simi lar proposal now under consideration by their Board.

The BAAQMD rule also lowers the exemption level for chain-driven charbroilers at 400 lbs of beef per week based on a survey of their res taurants and cost-effectiveness calculation. The SCAQMD set the Rule 1138 exemptio n level for chain-driven charbroiler at 875 lbs/week. This level of exempti on was based on a calculation using an

emission factor of 7.42 lb PM emissions/1000 lbs of meat cooked (at 21% fat content). On a daily basis, 135 pounds of meat cooked creates 1 pound of PM emissions. In an attempt to account for measurement uncertainties, t he exemption level was set at 875 pounds per week (125 pounds per day x 7 days). Che cking the District’s registration system, no facilities were found to be operating un der the exemption clause, if so they would take a permit condition limiting the amount o f meat cooked. Thus, staff concludes that the current threshold is still appropriate for our jurisdiction and no change is

warranted.



### PUBLIC PROCESS

A Working Group of approximately 35 members from af fected industry, equipment

manufacturers and researchers was formed and met th ree times, October 15, 2008, March 19, 2009, and June 24, 2009. A Public Workshop is scheduled for August 21, 2009. Staff will continue to refine the proposal and plan s to bring the proposed rule to the Governing Board in January 2010.



### AIR QUALITY STANDARDS

The District staff monitors ambient air quality for criteria pollutants (ozone, carbon monoxide, particulate matter, lead and sulfate) at 32 locations within the Basin. The following table presents a summary of the federal N AAQS and State of California air quality standards for particulate matter. These ai r quality standards are set to protect public health. The Basin is not in attainment with the 24-hour or annual average National Ambient Air Quality Standards (NAAQS) for PM 2.5 . The Basin is also not in attainment with State annual average air quality standards for PM 2.5 . It should be noted that

attainment of the federal PM 2.5 annual standard is required in 2015, with demonstr ation being the year 2014.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 5 August 2009 Table 1 Summary of Particulate Matter Standards (μg/m 3 )

Jurisdiction PM10 PM2.5

Annual 24-Hour Annual 24-Hour

Federal -- 150 15 35

California 20 50 12 --

Particulate matter is a term used to describe a mix ture of ambient solid particles and liquid droplets. Those measuring less than 2.5 mic rons in diameter are referred to as “fine” particles. Those larger than 2.5 microns bu t less than 10 microns are termed “coarse” particles. Until recently, the federal st andard, and most of the focus on controls and effect of particulate emissions, has been on pa rticulate matter measuring 10 microns or less, termed PM 10 .

PM 2.5 is a subset of PM 10 and the proposed amended rule would reduce both. The majority of emissions from charbroilers are PM 2.5 . The 1994 AQMP control measure

called for reduction of PM 10 which encompasses PM 2.5 but at the time of its original publication, the PM 2.5 emissions from chain-driven charbroilers had yet to be determined. This determination came about through the testing c onducted for the rule development of Rule 1138. This testing showed a bimodal distribut ion of PM emissions with only 0-10% of the emitted particulates measuring greater than 1μm. Therefore, the reductions sought under this proposed rule amendment are considered t o primarily be PM 2.5 .



### HEALTH EFFECTS FROM FINE PARTICULATE MATTER

The health effects from exposure to particulate mat ter emissions are significant and the body of evidence is substantial. From CARB 1999-20 00 air quality data, South Coast Air Basin cases per year due to PM 2.5 are as much as follows: premature deaths 5,400; hospitalizations 2,400; asthma & lower respiratory symptoms 140,000; lost work days 980,000; and minor restricted activity days 5,000,0 00. Overall, the residents of the South
Coast Air District bare 52% of the nation-wide and 80% of the state-wide exposure.

The following is an excerpt from Chapter 2, Air Qua lity and Health Effects, from the 2007 Air Quality Management Plan 9

.
A consistent correlation between elevated ambient f ine particulate matter (PM 10 and PM 2.5 ) levels and an increase in mortality rates, respir atory infections, number and severity of asthma attacks and the number of ho spital admissions has been observed in different parts of the United States an d various areas around the world. In recent years, studies have reported an associati on between long-term exposurePAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 6 August 2009 to air pollution dominated by fine particles (PM 2.5 ) and increased mortality, reduction in life-span, and an increased mortality from lung cancer.

Daily fluctuations in fine particulate matter conce ntration levels have also been related to hospital admissions for acute respirator y conditions, to school and kindergarten absences, to a decrease in respiratory function in normal children and

to increased medication use in children and adults with asthma. Recent studies show lung function growth in children is reduced wi th long-term exposure to particulate matter. The elderly, people with pre-e xisting respiratory and/or cardiovascular disease, and children appear to be m ore susceptible to the effects of

PM 10 and PM 2.5

.



### PURPOSE AND APPLICABILITY

The purpose of this rule amendment is to reduce PM 2.5 emissions from under-fired charbroilers which on a 3-month rolling average coo k 1,250 lbs of beef per week or

more.



### LEGAL AUTHORITY

The AQMD obtains authority to adopt, amend, or repe al rules and regulations which control air pollution from Health and Safety Code § § 39002, 39614, 40000, 40001, and

40440

.



### AFFECTED INDUSTRY

A survey conducted by Pacific Environmental Service s, Inc. 6 in early 1999, indicated a population of approximately 29,000 restaurants in t he Southern California area in the jurisdictional boundaries of the AQMD. Restaurant operations result in emissions from several types of cooking equipment. A brief descri ption of this equipment follows:

Under-fired charbroiler This type of appliance consists of three main comp onents: a heating source, a high temperature radiant surfac e, and a slotted grill. The grill holds the meat or other food while exposing it to the rad iant heat. PM and VOC emissions occur when grease from the meat falls onto the high temperature radiant surface. Most under-fired charbroilers burn natural gas; however, solid fuels, such as charcoal or wood with or without the addition of ceramic stones, are sometimes used. This category includes: broilers, grill charbroilers, flamebroil ers, and direct-fired barbecues.

Chain-driven (conveyorized) charbroiler This type of broiler has conveyor belts to carry the meat through the flame area. It also may have a belt to carry buns through the appliance. Typically, flames broil the meat on the top and bottom simultaneously. Most chain-driven charbroilers burn natural gas. This a ppliance normally produces lower PM

and VOC emissions than under-fired charbroilers. T his source category (chain-driven charbroilers) is currently regulated under Rule 113 8, with controls in place since

November 1999.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 7 August 2009 Deep Fat Fryers Fryers use an exposed hot metal surface to heat co oking oil, which is then used to cook the food. Typically, the food is totally immersed in hot melted shortening at about 350°F. The fryers may be eithe r gas-fired or electric with fuel type not affecting emissions. Most of the raw food prod ucts have a water content in the range of 10% to 75% by weight prior to deep fat frying. Most of the water at the surface of the product vaporizes during the cooking process causin g a carry-over of oil mist and oil distillation, resulting in VOC and PM emissions. P ractically all fast-food establishments utilize deep fat fryers to prepare food in batches.

Griddles These appliances consist of an exposed metal plate used to cook food. The temperatures on the hot surface are typically l ower than those encountered in broiling. Unlike deep-fat frying, the food is not immersed in shortening, rather the process is similar to sautéing, and the emissions i nclude light oil particulates and odors. Some griddles are grooved in order to give a “broil ed” appearance to the food. Most griddles are gas-fired, although electric griddles are also used. Fuel type does not affect emissions. Another griddle type, called a “clam-sh ell”  employs a two-sided cooking configuration, lowering an upper hot plate on top o f the food product to cook that side while a lower plate cooks the bottom of the product . This reduces cooking time and

decreases emissions.

The focus of this proposed amendment is under-fired charbroilers. Chain-driven charbroilers are currently covered under Rule 1138. Other cooking devices produce negligible emissions compared to charbroilers.



### Estimated Emission Inventory

Figure 1 PM EMISSION INVENTORY

Under-fired

charbroilers
9.95 tpd Griddles
0.6 tpdChaindriven

charbroilers
1.2 tpdPAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 8 August 2009 

### SUMMARY OF PROPOSED RULE AMENDMENTS

Proposed Amended Rule 1138 would apply to new and e xisting under-fired charbroilers which cook 1,250 or more pounds of beef per week on a 3-month rolling average. Under-fired charbroilers would need to be operated with pollution control equipment which reduces PM emissions, of which the majority i s of the PM 2.5 fraction, by at least 85% pursuant to the test protocol , Test Protocol for- Determining PM Emissions from Under-fired Charbroilers (Appendix II), within one and three years of the ru le’s adoption, respectively. The protocol was developed during the initial Rule 1138 rulemaking process with testing preformed at CE-CER T but the portion for under-fired

charbroilers was not finalized at that time since t he initial rule only applied to chaindriven charbroilers. The manufacturers would be re sponsible for certifying that the control equipment achieves at least an 85% reductio n in PM 2.5 emissions and the District envisions manufacturer testing control equipment by model numbers or families of

similar models similar to what has been done for ch ain-driven charbroilers and water heaters. This will greatly reduce potential costs to restaurant owners and operators.

Existing under-fired charbroilers are defined as th ose in operation on or before the rule’s adoption. The proposal requires those cooking more than 1,500 lbs of beef/wk to install controls no later than January 1, 2013; those cooki ng between 1,250 lbs of beef/week and 1,500 lbs of beef/wk to install controls by July 1, 2013. New charbroilers, those installed and operated after rule adoption must install contr ols no later than July 1, 2010 if they cook 1,500 lbs. of beef/wk, or no later than Januar y 1, 2011 if they cook between 1,250 and 1,500 lbs. of beef/wk or at the time of the cha rbroiler’s installation if that date is after the initial compliance date. Meat, for the purpose s of this proposed rule, includes beef, lamb, poultry, fish, pork, and seafood cooked by th is process. Beef means steak, hamburger, and other similar products from an adult bovine, including any attached bone, tendons, fat, and organs. This is consistent with the terminology used in the Protocol and throughout the testing process. The 1,250 lbs. of beef/wk threshold is based on a 3- month rolling average to account for abnormal spike s, perhaps due to a holiday or hosting a special function.

Under-fired charbroilers operating with an existing air pollution control device, such as an ESP, HEPA, or scrubber, installed and operation before July 1, 2009 may continue to operate that equipment for its functional life or u ntil January 1, 2014, whichever comes first. After that, the equipment must be replaced with air pollution control equipment that has been tested according to the District protocol to achieve a minimal overall 85%

emission reduction in PM 2.5 emissions. This provision would apply to approxim ately 3 dozen facilities, with most of the control equipmen t already having been in use since the

mid-1990’s.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 9 August 2009 Table 2 summarizes these compliance dates.

Table 2 Summary of Under-fired Charbroiler Compliance Dates

Under-fired Charbroiler Installation Date and Amount of Beef Cooked (on a rolling 3-month average) Compliance Date

Before (date of adoption) >1,500 lbs/wk

> 1,250 lbs/wk January 1, 2013 July 1, 2013 On or after (date of adoption)

>1,500 lbs/wk

> 1,250 lbs/wk July 1, 2010 January 1, 2011

In an effort to reduce implementation costs, facili ties subject to this rule will go through the District’s registration program pursuant to Rul e 222 – Filing Requirements for Specific Emission Sources not Requiring a Written P ermit Pursuant to Regulation II, as charbroilers and their associated control equipment currently do, not normal permitting procedures. Filing a registration with the Distric t would cost $163.71, which is approximately $1,900 less costly than obtaining a p ermit. The phase-in schedule is also intended to make the installation of control equipm ent smoother.

Control equipment must be maintained, periodically cleaned, and operated in accordance with the manufacturer’s specifications in order to function properly and effectively reduce the emissions. Thus, the proposed rule will require owners and operators of under-fired charbroilers to maintain the equipment in good working order in order to minimize visible emissions to the atmosphere, and c lean and operate it in accordance with the manufacturer’s specifications.

Practical experience has shown that control equipme nt that is not cleaned at the proper frequency can physically clog due to a build-up of salts on its surface, causing a noticeable amount of smoke in the cooking area. Th e appearance of smoke inside the cooking area or visible emissions outside the resta urant would indicate that the control equipment was not functioning properly. If the own er or operator experiences a problem with the control equipment, provisions of Rule 430 - Breakdown Provisions, may apply. In accordance with provisions of Rule 430, the owne r or operator must report the failure to the AQMD within one hour of the breakdown but ca n continue operating the basic equipment until the end of the operating cycle or w ithin twenty-four hours of the breakdown, whichever is sooner. The owner or opera tor may also file for an Emergency Variance to continue operating beyond the time limi t specified in Rule 430.

Records of cleaning and maintenance, and replacemen t of the control device are required, as are the weekly amounts of beef cooked, on what d evice it is cooked and the monthlyPAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 10 August 2009 amount purchased. These records would be required for all sources subject to the rule. Sources cooking less than 1,250 pounds per week may retain weekly records of the

amount of beef cooked on an under-fired charbroiler and monthly purchase records to demonstrate they are operating under the exemption. This level of exemption is based on the current cost-effectiveness of commercially avai lable control technology. Staff anticipates that as the market for controls matures , the cost of controls will decrease. This may enable expanding the applicability of this rule to include a larger percentage of this source-category for control in the future.

A survey, as discussed below, found records kept ar e mostly in paper format and from purchase records. Most restaurants use what is pur chased with little inventory carry-over from week to week. Most distinguish what food is c ooked on what device by recipe, or type of meat. No clear records are kept of what fo od is cooked on what device. Staff is seeking information on record retention and comment s on the proposed requirement for recordkeeping

.



### ADDITIONAL STAFF EFFORTS

Staff made several site visits to view control tech nologies currently in operation in the Basin. The first staff visit was to an operation w ith two double-pass ESPs with water wash systems. One ESP is a single cell and vents t he grill. The other has two cells and vents the main kitchen cooking equipment. The unit s are similar, except in capacity, and they have two-stage filters to capture the larger p articles before small particles are electronically charged and captured on the ESP plat es. The water wash system is set on a timer and cleans the plates daily. The units are s erviced on a quarterly basis. The second site visit was to multi-restaurant facility using t he UV water-wash system. According to the operator, the UV light changes the grease to a powder which is then washed off the bulbs by the water-wash. This system has increased the roof life due to lack of grease

accumulation on the roofs. The third visit was to an air pollution control device with a HEPA (dioctyl phthalate) filter efficient at minimu m 95% reduction in filterable PM emissions (0.3-0.7 μm) which was pre-staged by addi tional particulate reduction equipment. All cooking areas were vented through m ulti-stage collection systems starting from the grill with a baffle, followed by a grease particulate separator (GPS) and a UV light system. Dust created by the UV lamps th en flows to the multi-stage filters, including a HEPA. Scrubbers and ESP were ruled out for this installation due to building design. Staff’s fourth visit was to a restaurant u sing a scrubber to control emissions from the under-fired charbroiler. The equipment has a 2 -stage filter system. This location has

two 4 ft 2 under-fired charbroilers, one for meat (steak and burgers) and one for chicken

and fish.

Another staff effort enlisted the assistance of the California Restaurant Association which sent a staff-developed survey to their members incl uding hotels, chain operations, individually owned restaurants, and theme parks. T he survey focused on: the amount of beef cooked; how it was cooked (on what device); ho w records are kept; and the use of air pollution control devices. Although the respon se was limited, staff was able to make some general assumptions from the information recei ved, most notably the potential needPAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 11 August 2009 for additional recordkeeping. In summary, the majo rity of responses were from full service restaurants operating as corporations and e mploying more than 50 full-time workers with some part-time employees. Most had on e under-fired grill and cooked most beef on the charbroiler. Records were generally pa per and in the form of purchase receipts. The majority of respondents use what foo d is purchased with little inventory carry-over from week to week. Most restaurants dis tinguish how the beef is cooked by the recipe or perhaps the type of meat. None liste d the use of add-on air pollution control

devices.



### EMISSIONS INVENTORY

Testing, initiated in 1995 at CE-CERT, was sponsore d by the AQMD and the California Restaurant Association. This resulted in developme nt of VOC and PM test methods and

the determination of emission factors for various c ombinations of appliances and food. Testing encompassed a combination of four types of cooking equipment: under-fired charbroilers, chain-driven charbroilers (with and w ithout a catalytic oxidizer), flat griddles, and deep-fat fryers. Five types of food were tested: hamburger patties, steaks, chicken, fish, and potatoes. Testing for PM emissi ons for fryers was below detectable

level.

These efforts refined the relative contributions of the various restaurant cooking operations. Under-fired charbroilers account for 8 4% of the PM restaurant emission inventory. The reductions achieved through impleme ntation of the original Rule 1138 and control of chain-driven charbroilers, reduced t hat equipment's contribution to the overall inventory by up to 83%, 0.5 tpd of PM emiss ions and 0.2 tpd of VOC emissions.

Griddles account for less than 1% of the total emis sions.

Source test protocols for PM and VOC emissions and emission factors for various cooking appliances cooking diverse foods were devel oped. Under-fired charbroiling is the cooking method which results in the largest amo unt of emissions of all appliances tested. The wide range of emissions from under-fir ed charbroiling depends on the type of food cooked. Hamburger meat (25% fat content) prod uced the most PM emissions (average 32.65 lb PM/1000 lb of meat cooked). Fish gave the least amount of emissions by this cooking method (average 3.3 lb PM/1000 lb); with chicken in the mid-range (average 10.48 lb PM/1000 lb.)

The 1998 survey conducted by Pacific Environmental Services concluded that there were an estimated 13,300 under-fired charbroilers operat ing in the AQMD, with essentially one unit per facility. Testing has shown that PM s ize was all below PM 10 , and the vast majority was below PM 2.5 . This agrees with an earlier study by GCA Corp. f or the U.S.

EPA. 7 The 2007 AQMP lists the PM 2.5 inventory from restaurant operations as 11.3 tpd in 2002 and 13.2 tpd in 2013 accounting for growth. The 1997 AQMP control measure estimated reductions of 1.1 tpd of PM 2.5 from controlling emissions from under-fired

charbroilers.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 12 August 2009 

### CONTROL TECHNOLOGY ASSESSMENT

The following discussions include proven technologi es. PM is the pollutant of primary

concern for restaurant emissions. Reduction of bot h PM and VOCs is accomplished with catalytic oxidizers for chain-driven charbroilers w hich have a concentrated heat source above the charbroiler to activate the catalyst as o pposed to an under-fired charbroiler where the heat is dissipated over a larger area. I n December 2004, the Board made a finding of infeasibility of controls for under-fire d charbroiler due to the lack of commercially available cost-effective controls. At the same time the Board substituted

the emission reduction commitment for under-fired c harbroilers from the 2003 AQMP control measure PRC-03, with emissions achieved tha t were greater than the 1999 AQMP commitment through the implementation of Rules 1186 - PM 10 Emissions from Paved and Unpaved Roads, and Livestock Operations and 403 – Fugitive Dust.

Technologies reducing only direct PM emissions incl ude ESPs and wet scrubbers. The BAAQMD focused on ESPs and HEPA filters as controls for under-fired charbroilers. The emissions from charbroilers consist of two phas es or parts: the “filterable” part and the “condensable” part. The “filterable” part is that fraction of the total particulates that is caught on the filter of the particulate sampling train, while the "condensable" parts are collected in the sampling train's chilled water imp ingers. The condensable portion contains vapors in gaseous form, or consists of mat erial that will condense to particles in a liquid or solid state once they are released to t he atmosphere. The CE-CERT study

included emissions from both filterable and condens able particulates when they determined the total particulate emission factor. ESPs and HEPA filters do not capture the vapor portion of the emissions. The scrubber t ested at CE-CERT does capture both the vapor and filterable portions of the emissions and is the basis for the 85% reduction requirement for this proposed rule. The BAAQMD did not include condensable gases reasoning that these vapors behave as gases and can not be removed through mechanical

filtration.

HEPA (high-efficiency particulate arresting) filter s (PM)

HEPA filters work as a series of filters that captu re particles of decreasing size as the effluent flows through the device. In general, the first pre-filter collects coarser particles in restaurant operations and should be replaced rel atively frequently (i.e., every 4 weeks). The second filter in the series is a disposable bag which collects smaller particles and must be replaced every other month. The final filt er collects the finest particles and is a disposable HEPA filter replaced biannually. These filters have a 95% to 99% efficiency rating. Halton Company who makes the EcoloAir, a H EPA system, quoted AQMD staff an efficiency of 95%. However, HEPA filtration, a mechanical process, does not capture the condensable phase of the emissions. Therefore, the efficiency must be adjusted to

account for both filterable and condensable emissio ns Using testing performed at CECERT, staff adjusted efficiency using a value of 45 % vapor content of the emissions. HEPA filters may encounter problems with heavy grea se from under-fired charbroilers if the filters are not watched closely and changed as needed. Currently, there are no HEPAs with District permits to control emissions from cha rbroilers in the Basin.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 13 August 2009 HEPA filters trap small particles by one of three m echanisms: interception (particles come within one radius of a fiber and adhere to it) ; impaction (particles are forced to embed in one of the fibers), or diffusion (an enhan cing mechanism resulting from gas molecules collision with small particles which slow s their flow). Diffusion is the predominate mechanism below the 0.1  m diameter particle size. Impaction and interception predominate above 0.4  m. In the 0.3  m range, diffusion and interception predominate.

Wet Scrubber (PM)

Wet scrubbers rely on a finely atomized stream of l iquid to capture particulate and gaseous pollutants from an exhaust stream, such as from a restaurant charbroiler. Heat and mass transfer are accomplished by direct contac t of the exhaust gas with finely atomized droplets of the scrubbing liquid. The gas stream is cooled and moistened as the scrubbing liquid evaporates. Liquids typically us ed in industrial settings with wet scrubbers include water, ammonia, suspension of lim e, limestone or other absorbing agents. For restaurant applications the liquid com monly used is water.

After the exhaust gases leave the scrubber, they fl ow through an after filter to remove entrained liquid particles. PM removal efficiencie s of 90% or higher have been achieved in service depending on particle size, load, flows and pressure drop. Presently, there are nine wet scrubbers permitted at restaurants located in the Basin. Figure 2 illustrates a typical wet scrubber.

Figure 2 [10]

Wet ScrubberPAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 14 August 2009 Electrostatic Precipitators (PM)

ESPs have been used since the early 1940s to collec t particulate material from exhaust gas streams in a wide range of industrial processes . ESPs rely on imparting a high voltage direct current (DC) charge to the particula te materials while simultaneously ionizing the carrier gas, producing an electric cor ona. The particles, either negatively or positively charged, are attracted to the ESP electr ode of the opposite charge and finally removed from the electrodes by rapping or washing t he electrodes. Again, this technology does not collect the condensable phase o f the emission.

The Penney-type ESP applicable to cleaning charbroi ler particulate emissions is a twostage device. Particulate laden air enters the fir st stage from the hood and associated filters. Particulate is charged in the first stage and subsequently collected in a second stage of the ESP. Such ESPs are designed to collec t the fine particulate associated with the exhaust “smoke” produced by charbroilers and si milar sources. A 220-volt AC power supply to the ESP is transformed and rectified to a high DC voltage. Usually, the inlet air stream is cleansed of gross particles in a pre-filt er. Next, the exhaust particles are ionized in the charging system and finally collected in the collecting section. An after filter is sometimes used to provide back pressure and ensure good gas distribution in the ESP. Collection efficiencies exceeding 90% are common in many applications. Specific

source tests for control efficiencies of ESPs on un der-fired charbroilers are not available. The efficiency used in calculating cost-effectivene ss will take into account the lack of destruction of the condensable phase and as this po rtion is less than the total emissions, the efficiency must be downgraded. Some ESPs are e quipped with an automatic wash
system.

In restaurant applications, some problems with PM 10 removal efficiencies have been found when the ESP was not properly cleaned. Typic ally, restaurant workers are not trained to do a professional cleaning job. Thus, p roperly trained maintenance personnel sometimes provide this service on a contract basis, leading to higher removal efficiencies

and a lower chance of fire. ESPs have been install ed to correct smoke and odor problems at restaurants. At present, there are 27 ESPs perm itted and operating at restaurants located in the Basin. Figure 3 illustrates a typic al ESP.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 15 August 2009 Figure 3 [11] Electrostatic Precipitator

Ultra-violet Light Technology (PM) The use of UV lights is currently being employed in restaurants to supplement ESP and HEPA controls for particulate matter emissions. Th e UV light system is most often used with a water-wash system. The UV light changes the grease to a powder form, which is then washed off the bulbs by the water-wash system. A grease particulate separator (GPS) is placed before the UV lamp-stage in the hoo d is key to and makes the grease particles the optimum size for UV destruction. Thi s technology is currently in use at some very unique, large operations. This technolog y may be applicable to other restaurants to remove the larger grease particles. Staff is seeking cost and performance data on the UV technology.



### COST-EFFECTIVENESS

The primary target pollutant for the proposed rule is PM, most all from the PM 2.5 fraction, which is the more prevalent pollutant ass ociated with restaurant equipment. Using an 85% reduction off a baseline of 2.5 tpd, t he proposed rule would reduce PM 2.5 emissions by an estimated 2.1 tons per day. Reduct ions in PM 2.5 are particularly important in light of the federal standards for PM and the AQMD’s non-attainment status for this pollutant. Table 3 highlights three comme rcially available technologies and compares their capital cost, percent reduction and cost-effectiveness.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 16 August 2009 Table 3 BARCT Control Technology Summary

Control Equipment % Reduction Capital Cost Costeffectiveness, $ per ton* Comment

HEPA 52% $40,700 $23,000 Efficiency testing not

confirmed

with

source-test ESP 47% $67,200 $33,700 Efficiency testing not

confirmed

with

source-test

CAST

Scrubber 85% $32,350 $8,400 Sourcetest
confirmed

*For reference: BACT cost-effectiveness for PM is $ 4,300/ton, which is not comparable to BARCT

The restaurants where this control equipment will b e installed present various installation situations for new facilities which will plan for t he installation and existing facilities which will require retrofits. For existing facilit ies there are those that will only need to balance their air systems, locations which will nee d to modify or replace their firesuppression system, and a few which will need to re place their fire-suppression system and existing hoods.

There are two types of fire-suppression systems, “w et” and “dry” chemical types. Since November 1994, when United Laboratories (UL) requir ed re-testing of all automatic fire system, the dry systems have not met the UL standar d because the dry systems were not tested. Some local authorities might require exist ing dry systems to be replaced with the wet systems if appliances are changed outside the g uidelines for those original dry chemical UL testing, or fire nozzles or hood are re located. Thus, the addition of the control equipment will trigger this change but is n ot the only reason a facility might need to replace the fire-suppression system. All of the se factors result in a range of costs for installation of the control equipment. Below are c ost-effectiveness estimates developed for the scrubber as the emission control equipment.

A complete average cost-effectiveness analysis is i ncluded as part of this staff report. A socioeconomic impact analysis will be available as part of this staff report at least 30- days prior to the Public Hearing.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 17 August 2009 Assumptions :

From the PES report, there are 13,300 under-fired c harbroilers in the Basin. Setting the threshold level at 1,250 lbs of beef/wk cooked woul d create a universe of 931 charbroilers affected by the proposed rule. An ave rage restaurant using an under-fired charbroiler cooking 1,250 lbs/week of beef would co ok:

• 681 lbs hamburger/week

• Emission factor for hamburger meat (25% fat content ) is 32.65lbs PM/1,000 lbs hamburger meat

• 569 lbs steak/week

• Emission factor for steak is 17.19 lbs PM/1,000 lbs . steak

• Discount Cash Flow (DCF) Method is used for derivin g cost-effectiveness with 10- year equipment life and 4% per year real interest r ate, and therefore present worth
factor = 8.11.

• Number of under-fired charbroilers impacted by prop osed rule = 931

Emissions from a restaurant cooking 1,250 lbs. of b eef/wk. : Days of operation from the PES report = 341 days/yr 

### / 52 wk/yr = 6 days/wk.

PM 2.5 Emissions = [((681 lb/wk x 32.65 lbs/1000 lbs cook ed) + (569 lb/wk x 17.19

lbs/1000 lbs cooked))/6 days/wk] x 931/2000 lb/ton = 2.5 tons/day

It is assumed under PAR 1138 that a minimum 85% emi ssion reduction is achieved (testing by CE-CERT on the CAST scrubber system 88% ).

Assuming a 10-year equipment life, and a 4% real in terest rate, and

Equipment capital cost $ 32,350

Installation costs (electrical, plumbing, setting c osts) $ 1,300 (for new) ($5,500 for retrofit)

Annual operation and maintenance costs: $ 3,300

Estimated cost-effectiveness = costs/emission redu ction.

New installation = $ [($33,650 (capital cost + ins tallation) + 8.11 (present worth factor) x $ 3,300 (annual O&M)) x 931 (no. of equip ment)]/(10 (life of equipment) x 341 (annual days of operation) x (0.85 (control efficie ncy) x 2.5 (base emissions)) ton PM 2.5

= $ 7,850 per ton of PM 2.5 reduced.

Following the same calculation but using $5,500 forinstallation cost for retrofit, the costeffectiveness is $8,400 per ton of PM 2.5 reduced. This cost applies to the 931 existing restaurants that have been identified as falling un der this rule amendment.

For comparison purposes, the BARCT cost-effectivene ss for the original Rule 1138 was $1,680 per ton of VOC and PM reduced. Note that th e cost-effectiveness calculation for PAR 1138 is PM only. Other PM rule cost-effectiven ess numbers present a range of values as follows: $1,200 for street sweeping to $ 6,000 for paving roads, under Rule

1186 - PM 10 Emissions from Paved and Unpaved Roads, and Livest ock Operations;PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 18 August 2009 $11,000 to $27,400 per ton of PM 2.5 reduced for Rule 445 - Wood Burning Devices; and $8,700 to $10,000 for Rules 1133 – Composting and R elated Operations – General Administrative Requirements, Rule 1133.1 – Chipping and Grinding Activities, and Rule 1133.2 – Emission Reductions from Co-Composting Ope rations.



### INCREMENTAL COST-EFFECTIVNESS

Health and Safety Code Section 40920.6 (a)(3) requi res the calculation of incremental cost-effectiveness for potential control options, w hen the District adopts “rules or regulations to meet the requirements for best avail able retrofit control technology [BARCT] pursuant to Sections 40918, 10919, 10920, a nd 10920.5, or for a feasible measure pursuant to Section 40914.....” All of these referenced laws are contained in Chapter 10, which deals with district plans to “ach ieve and maintain state ambient air quality standards for ozone, carbon monoxide, sulfu r dioxide, and nitrogen dioxide...”. Thus, Section 40920.6 does not apply to rules relat ing to achieving other standards, such

as PM 10 . Proposed Amended Rule 1138 seeks to reduce PM em issions only.



### COMPARATIVE ANALYSIS

Health and Safety Code Section 40727.2 requires a w ritten analysis comparing the proposed amended rule with existing federal, State and District regulations. This analysis must include averaging provisions, operating parame ters, work practice requirements, and recordkeeping, monitoring, and reporting requir ements associated with existing applicable rules and proposed regulations.

Federal and state regulations do not contain rules for the source category of under-fired charbroilers. As previously stated BAAQMD adopted Regulation 6, Rule 2: Commercial Cooking Equipment, in November 2007 and in August 2009, SJVUAPCD is proposed to amend Rule 4692 – Commercial Charbroili ng. Table 4 compares the Bay Area adopted rule and San Joaquin’s proposed rule w ith the District staff’s proposal.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 19 August 2009 Table 4 Comparison of Proposed Amended Rule 1138 with BAAQMD Rule 2 and SJVUAPCD Proposed Amended Rule 46 92 Rule Element SCAQMD Proposal BAAQMD Rule SJVUAPCD Applicability Cook > 1,250 lbs of

beef/wk Must meet all 3 criteria:

• >10 sq. ft. cooking area; and

• purchases > 1,000 lbs. of beef/wk; and

• cooks > 800 lbs. of

beef/wk Cooks > 800 lbs of

meat/wk

Operating

Parameters 85% reduction in PM

emissions through addon control equipment (manufacturer certification)* Certify control equipment

to reduce PM 10 emissions to 1 lb/1,000 lbs of beef

cooked* 90% reduction in

PM emissions through add-on control equipment (manufacturer certification)*

Universe 7% of the universe

(approx. 930 of 13,300

under-fired charbroilers) 4% of universe (approx. 200 restaurants) 30% of universe (approx. 600 restaurants)

Emission

Reductions 2.1 tpd PM 2.5

(filterable and condensable) 0.28 tpd PM 10

(filterable only) 0.26 – 2.5 tpd of

PM 10 (filterable only)Costeffectiveness ESP - $33,700/ton

PM 10 reduced

HEPA - $23,000/ton

PM 10 reduced

Scrubber - $8,400 ton

PM 2.5 reduced ESP - $19,500/ton PM 10 &VOC reduced

HEPA - $17,300/ton

PM 10 reduced

Scrubber - $26,100/PM 10 & VOC reduced ESP - $20,300 - $201,400/ ton PM 10 reduced HEPA - $5,800 - $57,600/ton PM 10 reduced Scrubber - $17,000 - $168,500/ton PM 10 reduced Recordkeeping Maintain records of

beef cooked (underfired) and meat cooked (chain-driven) weekly and purchased monthly. Maintain records of installation, changing and

maintenance of control equipment. Maintain records demonstrating cooking

less than 800 lbs of

beef/wk for under-fired

charbroilers and less than

400 lbs of beef/wk for

chain-driven charbroilers. Date equipment installed.

Maintain records of

installation and

maintenance of control equipment. Maintain records of

amounts cooked weekly.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 20 August 2009 Rule Element SCAQMD Proposal BAAQMD Rule SJVUAPCD

Work

Practices Maintain equipment in

accordance with

manufacturers’ specifications. Maintain equipment in

accordance with

manufacturers’ specifications. Maintain equipment

in accordance with

manufacturers’ specifications Compliance

Schedule New equipment - July

1, 2010 (>1,500 lbs/wk); January 1, 2011 (cooking 1,250 – 1,500 lbs/wk) Existing – January 1, 2013 (cooking > 1,500 lbs/wk); July 1, 2013 (cooking 1,250 – 1,500/wk) New – January 1, 2010

Existing – January 1,

2013 New (after Jan. 1, 2011) at time of

installation

Existing – July 1,

2014

*The District’s proposal is in keeping with the str ucture of the original Rule 1138 and is based on a control device efficiency. The BAAQMD r ule is based on an emissions rate not to be exceeded. They are, therefore, not compa rable. SJVUAPD allows the use of uncertified control equipment if the source accepts Permit to Operate conditions.



### ANALYSIS OF ALTERNATIVES

Staff evaluated the impacts of alternative applicab ility thresholds under the proposal.

These are summarized as follows:

As proposed, establishing the threshold at 1,250 lb of beef cooked/week captures approximately 7% (930) of the universe (13,300) of under-fired charbroilers resulting in a 2.1 t/day reduction of PM 2.5 at a retrofit cost-effectiveness of $8,400. Alter natively, if the threshold were 1,000 lbs of beef cooked/wk, the num ber of restaurants included in the proposal would be 1,200 resulting in a 2.2 t/day re duction and a cost-effectiveness of $10,300. A threshold of 1,500 lbs. of beef cooked/ wk. would include 665 restaurants with a 1.8 t/day reduction and a cost-effectiveness of $7,000.

Staff believes the amendments, as proposed, represe nt an appropriate balance of emission

reductions and cost based on available control tech nology.



### CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

Pursuant to the California Environmental Quality Ac t (CEQA) and AQMD Rule 110, the appropriate CEQA documentation will be prepared to analyze any potential adverse environmental impacts associated with PAR 1138. Up on completion, the CEQA document will be released for public review and com ment, and will be available at AQMD Headquarters, by calling the AQMD Public Infor mation Center at (909) 396- 2039, or by accessing AQMD’s CEQA website at: www.aqmd.gov/ceqa

.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 21 August 2009 

### SOCIOECONOMIC ANALYSIS

The Socioeconomic Analysis will be included as part of the Public Hearing package and made available to the public at least 30-days prior to the Public Hearing.



### DRAFT FINDINGS UNDER THE CALIFORNIA HEALTH AND
SAFETY CODE

Before adopting, amending or repealing a rule, the California Health and Safety Code requires AQMD to adopt written findings of necessit y, authority, clarity, consistency, non-duplication, and reference, as defined in Healt h and Safety Code §§ 40727 and 40920.6. The draft findings are as follows:

Necessity - The AQMD Governing Board has determined that a need exists to adopt Proposed Amended Rule 1138– Control of Emissions fr om Restaurant Operations to

assist in the attainment of State and federal PM 2.5 standards for the South Coast Air

Basin.

Authority - The AQMD Governing Board obtains its au thority to adopt, amend, or repeal rules and regulations from Health and Safety Code § § 39614, 40000, 40001, 40440, 40463, 40702, 40725 through 40728.

Clarity - the AQMD Governing Board has determined t hat Proposed Amended Rule 1138 – Control of Emissions from Restaurant Operations, is written and displayed so that the meaning can be easily understood by persons directl y affected by it.

Consistency - The AQMD Governing Board has determin ed that Proposed Amended Rule 1138 – Control of Emissions from Restaurant Op erations, is in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, federal or state regulations.

Non-duplication - The AQMD Governing Board has dete rmined that Proposed Amended Rule 1138 – Control of Emissions from Restaurant Op erations, does not impose the same requirements as any existing state or federal regul ation, and the proposed rule is necessary and proper to execute the powers and duti es granted to, and imposed upon, the AQMD.

Reference - In adopting this proposed rule, the AQM D Governing Board references the following statutes which the AQMD hereby implements , interprets or makes specific: Health and Safety Code Sections 40001 (rules to ach ieve ambient air quality standards); 40440(a) (rules to carry out the AQMP); 40440 (c) ( cost-effectiveness); and Federal Clean Air Act Section 172( c)(1) (RACT).



### CONCLUSION

Adoption of Proposed Amended Rule 1138 will result in a 2.1 tpd reduction in PM 2.5 by July 2013, implementing Control Measure #2007 BCM-0 5 in the 2007 AQMP, andPAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 22 August 2009 assisting in progress towards attainment of federal and state PM 2.5 standards. Implementation of the proposed amended rule will re sult in a decrease in visible emissions for this industry. The 85% reduction req uirement is based on the scrubber technology which has been source-tested. Although HEPA filters have a high control efficiency, they only reduce the filterable portion of emissions. Thus, the scrubber, costing less and with source-test data to substanti ate reductions, is the appropriate choice for a rule-based emission reduction requirement. W ith increased production of control devices, the availability of other control option a nd costs for these devices will most likely be reduced and smaller operations could be a dded in the future.PAR 1138 - Charbroilers Preliminary Draft Staff Re port

SCAQMD 23 August 2009 REFERENCES

1. South Coast Air Quality Management District, Air Quality Management Plan, 2007, Appendix IV-A, Districts’ Stationary and Mobi le Source Control Measures.

2. South Coast Air Quality Management District, Air Quality Management Plan, 1989, Appendix IV-A, Stationary Source Control Meas ures.

3. South Coast Air Quality Management District, Air Quality Management Plan, 1991, Appendix IV-A, Stationary Source Control Meas ures.

4. South Coast Air Quality Management District, Air Quality Management Plan, 1994, Appendix IV-A, Stationary Source Control Meas ures.

5. South Coast Air Quality Management District, Air Quality Management Plan, 1997, Appendix IV-A, Stationary Source Control Meas ures.

6. Pacific Environmental Services, A Detailed Surve y of Restaurant Operations in the South Coast Air Basin, Contract No. 98089, Febr uary 1999.

7. University of California Riverside, College of E ngineering, Center for Environmental Research and Technology, Final Report : Further Development of Emission Test Methods and Development of Emission F actors for Various Commercial Cooking Operations, Contract No. 96027, July 1997.

8. South Coast Air Quality Management District, The 1999 Amendment to the 1997 Ozone State Implementation Plan for the South Coast Air Basin.

9. South Coast Air Quality Management District, Air Quality Management Plan, 2007, Chapter 2, Air Quality and Health Effects.

10. USEPA, Air Pollution Training Institute, APTI C ourse 413 - Control of Particulate Emissions, Student Manual, EPA 450/2-80 -066, October 1981.

11. Woodward-Clyde Consultants, Draft Report - Gath ering and Assessment of

Technical Information for Determination of Best Ava ilable Control Technology for Identified Source Categories (RFP #9394-28) Tas ks 4A-4: Restaurant Establishments. Prepared for South Coast Air Quali ty Management District, November 4, 1994.