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 Counsel 
SOUTH 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, 9th 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 Safety Code........................21 

Conclusion ............................................................................................................21 

References.............................................................................................................23 

Appendix I – Emission Factors for Commercial Cooking Operations 

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

Charbroilers 
List of Tables and Figures 

Tables

Table 1 Summary of Particulate Matter Standards (μg/m3)....................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................................................... 15 
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SCAQMD 1 August 2009 

EXECUTIVE SUMMARY 

Restaurants emit particulate matter (PM) and volatile 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 PM2.5

1

. Restaurant equipment 

contributing to the emissions of PM2.5 include charbroilers, griddles, and deep fat fryers. 

Charbroilers are further categorized as chain-driven and under-fired. Equipment 

descriptions are presented in the “Rule Development” section. 

Proposed Amended Rule 1138 will reduce PM2.5 emissions from under-fired charbroilers 

with the highest volume of beef cooked. The current rule covers chain-driven 

charbroilers; this amendment would decrease PM2.5 from under-fired charbroilers, the 

largest contributor to overall emissions from restaurant 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 (BAAQMD) adopted a rule in December 

2007 to cover both chain-driven and under-fired charbroilers, prompting consideration of 

all feasible measures for the South Coast Air Quality Management District (SCAQMD) 

which is in non-attainment for PM standards. In June 2009, San Joaquin Valley Unified 

Air Pollution Control District (SJVUAPCD) proposed to amend Rule 4692 – Commercial 

Charbroiling in response to BAAQMD’s action for this source category and all feasible 

measures. The action was continued to the August Board hearing. 

AQMD’s staff proposal is designed to cover 22% of the restaurant-related emissions and 

will apply to 7% (approximately 930) of the restaurants using under-fired charbroilers 

(13,300). The original Rule 1138 covering chain-driven charbroilers applied to mostly 

large chain operations. Staff examined the difference in BAAQMD and SJVUAPCD and 

the District’s exemption levels for chain-driven charbroilers (see Regulatory Background, 

below). This proposed amendment would apply to some large chains but also some 

larger independently owned restaurants. The proposed rule will implement Control 

Measure #2007 BCM-05 – PM Emission Reductions from Under-fired Charbroilers, and 

make progress towards attainment of federal and state PM2.5 standards. Implementation 

of the proposed rule will result in a decrease in visible emissions for this industry. 

Commercially available control technologies include scrubbers and electrostatic 

precipitators (ESPs). Source tests for one scrubber device indicated a reduction of 85% 

PM2.5 emissions is possible. The proposal limits the requirements for controls to those 

devices cooking >1,250 pounds of beef per week based on a cost-effectiveness 

calculation of an $8,400/ton reduced (capital cost approximately $33,000). The costs 

would vary for parameters such as new versus retrofit, size of ventilation system, and 

equipment options. This size of operation constitutes approximately 7% (~930) of the 

universe of under-fired charbroilers. Emission reductions of PM2.5 are estimated to be 2.1 

tons/day PM2.5 by mid-2013 with full rule implementation. 
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REGULATORY BACKGROUND

Control measures for emissions from this source category first appeared in the 1989 

AQMP2 as #88-C-3 - Control of Emissions from Commercial Charbroiling (PM10, VOC), 

and in the 1991 AQMP3 as A-C-4 - Control of Emissions from Deep-fat Frying (PM10, 

VOC). These control measures were combined in both the 19944 and 19975 AQMPs as 

PRC-03 - Control of Emissions from Restaurant Operations (PM10, 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 charbroilers 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 1999 Pacific Environmental 

Services, Inc. study titled “A Detailed Survey of Restaurant Operations in the South 

Coast Air Basin”6

 indicated additional reductions could be achieved from chain-driven 

charbroilers by the implementation of Rule 1138. The original Rule 1138 staff report and 

subsequent SIP submittal focused on reductions of PM emissions even though testing 

showed the majority of emissions from restaurant operations are below PM2.5 because at 

the time there were no PM2.5 standards (state or federal). This amendment will be 

seeking credit for reductions in PM2.5 for progress towards attainment of those standards. 

At the time of Rule 1138’s development, industry requested that the rule be structured as 

a “total restaurant” rule covering all equipment operated at a restaurant. Thus, the title of 

the rule is intentionally broad “....Restaurant Operations” and the “Applicability” section 

indicated that future rule development was foreseeable for other restaurant cooking 

equipment. Specifically noted for future rule development efforts were under-fired 

charbroilers. Rule 1138 states that it applies to owners and operators of commercial 

cooking operations; however, only sources using chain-driven charbroilers are subject to 

the requirements of the current rule. 

Rule 1138 included a commitment to address equipment other than chain-driven 

charbroilers with future requirements. The rule required a report to the Governing Board 

within 18 months of Rule 1138’s adoption, on the feasibility of achieving further 

restaurant operations emission reductions, specifically under-fired charbroilers and 

potentially other commercial restaurant cooking equipment. The Board received a report 

at the May 14, 1999 Governing Board meeting, on emerging control technology for 

under-fired charbroilers and an overview of the work to date by the University of 

California Riverside, College of Engineering, Center 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 effort included the investment of 

significant resources in improving test methods and developing emission factors. The 

1999 Amendment to the 1997 Ozone State Implementation Plan for the South Coast Air 

Basin8

 listed PRC-03 – Emission Reductions from Restaurant Operations – Phase II, with 

reductions of 0.9 tons/day of VOC and 7.0 tons/day of PM10. 
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In August 2000, staff reported to the Board that cost-effective controls for under-fired 

charbroilers were limited and recommended substituting 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 Control Measure PRC-03- Emission 

Reductions from Restaurant Operations to reduce PM10 emissions by 1 ton per day by 

2010. The limited emission reduction projection from 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 the 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 although the Board authorized up to 

$200,000 from mitigation fees from the Priority Reserve, no applications were received. 

Further actions regarding charbroilers included the adoption of Rule 222 – Filing 

Requirements for Specific Emission Sources not Requiring a Written Permit Pursuant to 

Regulation II, at the September 11, 1998 Board meeting. This rule removed the 

requirement for charbroilers to obtain a Permit to Operate and instead offered a reducedcost filing program. Charbroilers are no longer required to obtain permits thus, best 

available control technology (BACT) no longer applies to this source category. Emission 

reductions will be achieved through source-specific rules. Under the proposed rule 

amendments, control equipment for under-fired charbroilers will not require a Permit to 

Operate due to language in Rule 222 which lists “commercial 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-driven charbroilers and on under-fired 

charbroilers meeting the requirements of: 10 square 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 values 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 significant, in other words.” 

Pursuant to Health and Safety Code Section 39614, AQMD is required to adopt control 

measures for commercial grilling operations (H&S §39614(b)(3)). Because the 

BAAQMD rule includes controls for under-fired charbroilers, 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. SJUVAPCD 
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followed the BAAQMD regulatory approach with a similar 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 restaurants and cost-effectiveness 

calculation. The SCAQMD set the Rule 1138 exemption level for chain-driven 

charbroiler at 875 lbs/week. This level of exemption 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, the exemption level was set at 875 

pounds per week (125 pounds per day x 7 days). Checking the District’s registration 

system, no facilities were found to be operating under the exemption clause, if so they 

would take a permit condition limiting the amount of 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 affected industry, equipment 

manufacturers and researchers was formed and met three 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 plans 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 NAAQS and State of California air 

quality standards for particulate matter. These air 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 PM2.5. The Basin is also not in attainment 

with State annual average air quality standards for PM2.5. It should be noted that 

attainment of the federal PM2.5 annual standard is required in 2015, with demonstration 

being the year 2014. 
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Table 1 

Summary of Particulate Matter Standards (μg/m3) 

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 mixture of ambient solid particles and 

liquid droplets. Those measuring less than 2.5 microns in diameter are referred to as 

“fine” particles. Those larger than 2.5 microns but less than 10 microns are termed 

“coarse” particles. Until recently, the federal standard, and most of the focus on controls 

and effect of particulate emissions, has been on particulate matter measuring 10 microns 

or less, termed PM10. 

PM2.5 is a subset of PM10 and the proposed amended rule would reduce both. The 

majority of emissions from charbroilers are PM2.5. The 1994 AQMP control measure 

called for reduction of PM10 which encompasses PM2.5 but at the time of its original 

publication, the PM2.5 emissions from chain-driven charbroilers had yet to be determined. 

This determination came about through the testing conducted for the rule development of 

Rule 1138. This testing showed a bimodal distribution 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 to primarily be PM2.5. 

HEALTH EFFECTS FROM FINE PARTICULATE MATTER 

The health effects from exposure to particulate matter emissions are significant and the 

body of evidence is substantial. From CARB 1999-2000 air quality data, South Coast Air 

Basin cases per year due to PM2.5 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 5,000,000. 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 Quality and Health Effects, from the 

2007 Air Quality Management Plan9. 

A consistent correlation between elevated ambient fine particulate matter (PM10

and PM2.5) levels and an increase in mortality rates, respiratory infections, number 

and severity of asthma attacks and the number of hospital admissions has been 

observed in different parts of the United States and various areas around the world. 

In recent years, studies have reported an association between long-term exposure 
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SCAQMD 6 August 2009 

to air pollution dominated by fine particles (PM2.5) and increased mortality, 

reduction in life-span, and an increased mortality from lung cancer. 

Daily fluctuations in fine particulate matter concentration levels have also been 

related to hospital admissions for acute respiratory 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 with long-term exposure to 

particulate matter. The elderly, people with pre-existing respiratory and/or 

cardiovascular disease, and children appear to be more susceptible to the effects of 

PM10 and PM2.5. 

PURPOSE AND APPLICABILITY 

The purpose of this rule amendment is to reduce PM2.5 emissions from under-fired 

charbroilers which on a 3-month rolling average cook 1,250 lbs of beef per week or 

more. 

LEGAL AUTHORITY 

The AQMD obtains authority to adopt, amend, or repeal 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 Services, Inc.6 in early 1999, indicated a 

population of approximately 29,000 restaurants in the Southern California area in the 

jurisdictional boundaries of the AQMD. Restaurant operations result in emissions from 

several types of cooking equipment. A brief description of this equipment follows: 

Under-fired charbroiler This type of appliance consists of three main components: 

a heating source, a high temperature radiant surface, and a slotted grill. The grill holds 

the meat or other food while exposing it to the radiant 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, flamebroilers, 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 appliance normally produces lower PM 

and VOC emissions than under-fired charbroilers. This source category (chain-driven 

charbroilers) is currently regulated under Rule 1138, with controls in place since 

November 1999. 
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SCAQMD 7 August 2009 

Deep Fat Fryers Fryers use an exposed hot metal surface to heat cooking 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 either gas-fired or electric with fuel type 

not affecting emissions. Most of the raw food products 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 causing a carry-over of oil mist and oil 

distillation, resulting in VOC and PM emissions. Practically 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 lower 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 include light oil particulates and odors. 

Some griddles are grooved in order to give a “broiled” 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-shell” employs a two-sided cooking 

configuration, lowering an upper hot plate on top of 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 tpd

Chaindriven 

charbroilers

1.2 tpd
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SUMMARY OF PROPOSED RULE AMENDMENTS 

Proposed Amended Rule 1138 would apply to new and existing 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 is of the PM2.5 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 rule’s 

adoption, respectively. The protocol was developed during the initial Rule 1138 

rulemaking process with testing preformed at CE-CERT but the portion for under-fired 

charbroilers was not finalized at that time since the initial rule only applied to chaindriven charbroilers. The manufacturers would be responsible for certifying that the 

control equipment achieves at least an 85% reduction in PM2.5 emissions and the District 

envisions manufacturer testing control equipment by model numbers or families of 

similar models similar to what has been done for chain-driven charbroilers and water 

heaters. This will greatly reduce potential costs to restaurant owners and operators. 

Existing under-fired charbroilers are defined as those 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 cooking 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 controls no later than July 1, 2010 if they 

cook 1,500 lbs. of beef/wk, or no later than January 1, 2011 if they cook between 1,250 

and 1,500 lbs. of beef/wk or at the time of the charbroiler’s installation if that date is after 

the initial compliance date. Meat, for the purposes of this proposed rule, includes beef, 

lamb, poultry, fish, pork, and seafood cooked by this 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 spikes, 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 until 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 PM2.5 emissions. This provision would apply to approximately 3 

dozen facilities, with most of the control equipment already having been in use since the 

mid-1990’s. 
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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, facilities subject to this rule will go through 

the District’s registration program pursuant to Rule 222 – Filing Requirements for 

Specific Emission Sources not Requiring a Written Permit Pursuant to Regulation II, as 

charbroilers and their associated control equipment currently do, not normal permitting 

procedures. Filing a registration with the District would cost $163.71, which is 

approximately $1,900 less costly than obtaining a permit. The phase-in schedule is also 

intended to make the installation of control equipment 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 clean and operate it in accordance 

with the manufacturer’s specifications. 

Practical experience has shown that control equipment 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. The appearance of smoke inside the 

cooking area or visible emissions outside the restaurant would indicate that the control 

equipment was not functioning properly. If the owner 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 owner or operator must report the failure 

to the AQMD within one hour of the breakdown but can continue operating the basic 

equipment until the end of the operating cycle or within twenty-four hours of the 

breakdown, whichever is sooner. The owner or operator may also file for an Emergency 

Variance to continue operating beyond the time limit specified in Rule 430. 

Records of cleaning and maintenance, and replacement of the control device are required, 

as are the weekly amounts of beef cooked, on what device it is cooked and the monthly 
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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 available 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 are mostly in paper format and from 

purchase records. Most restaurants use what is purchased with little inventory carry-over 

from week to week. Most distinguish what food is cooked on what device by recipe, or 

type of meat. No clear records are kept of what food is cooked on what device. Staff is 

seeking information on record retention and comments on the proposed requirement for 

recordkeeping. 

ADDITIONAL STAFF EFFORTS 

Staff made several site visits to view control technologies currently in operation in the 

Basin. The first staff visit was to an operation with two double-pass ESPs with water 

wash systems. One ESP is a single cell and vents the grill. The other has two cells and 

vents the main kitchen cooking equipment. The units are similar, except in capacity, and 

they have two-stage filters to capture the larger particles before small particles are 

electronically charged and captured on the ESP plates. The water wash system is set on a 

timer and cleans the plates daily. The units are serviced on a quarterly basis. The second 

site visit was to multi-restaurant facility using the 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 minimum 95% reduction in filterable PM 

emissions (0.3-0.7 μm) which was pre-staged by additional particulate reduction 

equipment. All cooking areas were vented through multi-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 then 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 using a scrubber to control emissions from 

the under-fired charbroiler. The equipment has a 2-stage filter system. This location has 

two 4 ft2

 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 including hotels, chain operations, 

individually owned restaurants, and theme parks. The survey focused on: the amount of 

beef cooked; how it was cooked (on what device); how records are kept; and the use of 

air pollution control devices. Although the response was limited, staff was able to make 

some general assumptions from the information received, most notably the potential need 
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SCAQMD 11 August 2009 

for additional recordkeeping. In summary, the majority of responses were from full 

service restaurants operating as corporations and employing more than 50 full-time 

workers with some part-time employees. Most had one under-fired grill and cooked most 

beef on the charbroiler. Records were generally paper and in the form of purchase 

receipts. The majority of respondents use what food is purchased with little inventory 

carry-over from week to week. Most restaurants distinguish how the beef is cooked by 

the recipe or perhaps the type of meat. None listed the use of add-on air pollution control 

devices. 

EMISSIONS INVENTORY

Testing, initiated in 1995 at CE-CERT, was sponsored by the AQMD and the California 

Restaurant Association. This resulted in development of VOC and PM test methods and 

the determination of emission factors for various combinations of appliances and food. 

Testing encompassed a combination of four types of cooking equipment: under-fired 

charbroilers, chain-driven charbroilers (with and without 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 emissions for fryers was below detectable 

level. 

These efforts refined the relative contributions of the various restaurant cooking 

operations. Under-fired charbroilers account for 84% of the PM restaurant emission 

inventory. The reductions achieved through implementation of the original Rule 1138 

and control of chain-driven charbroilers, reduced that equipment's contribution to the 

overall inventory by up to 83%, 0.5 tpd of PM emissions and 0.2 tpd of VOC emissions. 

Griddles account for less than 1% of the total emissions. 

Source test protocols for PM and VOC emissions and emission factors for various 

cooking appliances cooking diverse foods were developed. Under-fired charbroiling is 

the cooking method which results in the largest amount of emissions of all appliances 

tested. The wide range of emissions from under-fired charbroiling depends on the type of 

food cooked. Hamburger meat (25% fat content) produced 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 operating in the AQMD, with essentially 

one unit per facility. Testing has shown that PM size was all below PM10, and the vast 

majority was below PM2.5. This agrees with an earlier study by GCA Corp. for the U.S. 

EPA.7 The 2007 AQMP lists the PM2.5 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 PM2.5 from controlling emissions from under-fired 

charbroilers. 
PAR 1138 - Charbroilers Preliminary Draft Staff Report

SCAQMD 12 August 2009 

CONTROL TECHNOLOGY ASSESSMENT

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

concern for restaurant emissions. Reduction of both PM and VOCs is accomplished with 

catalytic oxidizers for chain-driven charbroilers which have a concentrated heat source 

above the charbroiler to activate the catalyst as opposed to an under-fired charbroiler 

where the heat is dissipated over a larger area. In December 2004, the Board made a 

finding of infeasibility of controls for under-fired 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 charbroilers from the 2003 AQMP 

control measure PRC-03, with emissions achieved that were greater than the 1999 AQMP 

commitment through the implementation of Rules 1186 - PM10 Emissions from Paved 

and Unpaved Roads, and Livestock Operations and 403 – Fugitive Dust. 

Technologies reducing only direct PM emissions include 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 phases 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 impingers. The condensable portion 

contains vapors in gaseous form, or consists of material that will condense to particles in 

a liquid or solid state once they are released to the atmosphere. The CE-CERT study 

included emissions from both filterable and condensable particulates when they 

determined the total particulate emission factor. ESPs and HEPA filters do not capture 

the vapor portion of the emissions. The scrubber tested 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 cannot be removed through mechanical 

filtration. 

HEPA (high-efficiency particulate arresting) filters (PM) 

HEPA filters work as a series of filters that capture 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 relatively 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 filter 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 HEPA 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 emissions 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 grease 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 charbroilers in the Basin. 
PAR 1138 - Charbroilers Preliminary Draft Staff Report

SCAQMD 13 August 2009 

HEPA filters trap small particles by one of three mechanisms: 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 enhancing mechanism resulting from gas 

molecules collision with small particles which slows 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 liquid to capture particulate and 

gaseous pollutants from an exhaust stream, such as from a restaurant charbroiler. Heat 

and mass transfer are accomplished by direct contact 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 used in industrial settings with wet 

scrubbers include water, ammonia, suspension of lime, limestone or other absorbing 

agents. For restaurant applications the liquid commonly used is water. 

After the exhaust gases leave the scrubber, they flow through an after filter to remove 

entrained liquid particles. PM removal efficiencies 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 Scrubber
PAR 1138 - Charbroilers Preliminary Draft Staff Report

SCAQMD 14 August 2009 

Electrostatic Precipitators (PM)

ESPs have been used since the early 1940s to collect 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 particulate materials while simultaneously 

ionizing the carrier gas, producing an electric corona. The particles, either negatively or 

positively charged, are attracted to the ESP electrode of the opposite charge and finally 

removed from the electrodes by rapping or washing the electrodes. Again, this 

technology does not collect the condensable phase of the emission. 

The Penney-type ESP applicable to cleaning charbroiler particulate emissions is a twostage device. Particulate laden air enters the first 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 collect the fine particulate associated with 

the exhaust “smoke” produced by charbroilers and similar 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-filter. 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 under-fired charbroilers are not available. 

The efficiency used in calculating cost-effectiveness will take into account the lack of 

destruction of the condensable phase and as this portion is less than the total emissions, 

the efficiency must be downgraded. Some ESPs are equipped with an automatic wash 

system. 

In restaurant applications, some problems with PM10 removal efficiencies have been 

found when the ESP was not properly cleaned. Typically, restaurant workers are not 

trained to do a professional cleaning job. Thus, properly 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 installed to correct smoke and odor problems 

at restaurants. At present, there are 27 ESPs permitted and operating at restaurants 

located in the Basin. Figure 3 illustrates a typical ESP. 
PAR 1138 - Charbroilers Preliminary Draft Staff Report

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. The 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 hood is key to and makes the grease 

particles the optimum size for UV destruction. This technology is currently in use at 

some very unique, large operations. This technology 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 PM2.5

fraction, which is the more prevalent pollutant associated with restaurant equipment. 

Using an 85% reduction off a baseline of 2.5 tpd, the proposed rule would reduce PM2.5

emissions by an estimated 2.1 tons per day. Reductions in PM2.5 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 commercially available technologies and 

compares their capital cost, percent reduction and cost-effectiveness. 
PAR 1138 - Charbroilers Preliminary Draft Staff Report

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 be installed present various installation 

situations for new facilities which will plan for the installation and existing facilities 

which will require retrofits. For existing facilities there are those that will only need to 

balance their air systems, locations which will need to modify or replace their firesuppression system, and a few which will need to replace their fire-suppression system 

and existing hoods. 

There are two types of fire-suppression systems, “wet” and “dry” chemical types. Since 

November 1994, when United Laboratories (UL) required re-testing of all automatic fire 

system, the dry systems have not met the UL standard because the dry systems were not 

tested. Some local authorities might require existing dry systems to be replaced with the 

wet systems if appliances are changed outside the guidelines for those original dry 

chemical UL testing, or fire nozzles or hood are relocated. Thus, the addition of the 

control equipment will trigger this change but is not the only reason a facility might need 

to replace the fire-suppression system. All of these factors result in a range of costs for 

installation of the control equipment. Below are cost-effectiveness estimates developed 

for the scrubber as the emission control equipment.

A complete average cost-effectiveness analysis is included 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 Report

SCAQMD 17 August 2009 

Assumptions: 

From the PES report, there are 13,300 under-fired charbroilers in the Basin. Setting the 

threshold level at 1,250 lbs of beef/wk cooked would create a universe of 931 

charbroilers affected by the proposed rule. An average restaurant using an under-fired 

charbroiler cooking 1,250 lbs/week of beef would cook: 

• 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 deriving cost-effectiveness with 10-

year equipment life and 4% per year real interest rate, and therefore present worth 

factor = 8.11. 

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

Emissions from a restaurant cooking 1,250 lbs. of beef/wk.: 

Days of operation from the PES report = 341 days/yr/52 wk/yr = 6 days/wk. 

PM2.5 Emissions = [((681 lb/wk x 32.65 lbs/1000 lbs cooked) + (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% emission reduction is achieved 

(testing by CE-CERT on the CAST scrubber system 88%). 

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

Equipment capital cost $ 32,350 

Installation costs (electrical, plumbing, setting costs) $ 1,300 (for new) 

 ($5,500 for retrofit) 

Annual operation and maintenance costs: $ 3,300

Estimated cost-effectiveness = costs/emission reduction. 

New installation = $ [($33,650 (capital cost + installation) + 8.11 (present worth 

factor) x $ 3,300 (annual O&M)) x 931 (no. of equipment)]/(10 (life of equipment) x 341 

(annual days of operation) x (0.85 (control efficiency) x 2.5 (base emissions)) ton PM2.5

 = $ 7,850 per ton of PM2.5 reduced. 

Following the same calculation but using $5,500 for installation cost for retrofit, the costeffectiveness is $8,400 per ton of PM2.5 reduced. This cost applies to the 931 existing 

restaurants that have been identified as falling under this rule amendment. 

For comparison purposes, the BARCT cost-effectiveness for the original Rule 1138 was 

$1,680 per ton of VOC and PM reduced. Note that the cost-effectiveness calculation for 

PAR 1138 is PM only. Other PM rule cost-effectiveness numbers present a range of 

values as follows: $1,200 for street sweeping to $6,000 for paving roads, under Rule 

1186 - PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations; 
PAR 1138 - Charbroilers Preliminary Draft Staff Report

SCAQMD 18 August 2009 

$11,000 to $27,400 per ton of PM2.5 reduced for Rule 445 - Wood Burning Devices; and

$8,700 to $10,000 for Rules 1133 – Composting and Related Operations – General 

Administrative Requirements, Rule 1133.1 – Chipping and Grinding Activities, and Rule 

1133.2 – Emission Reductions from Co-Composting Operations. 

INCREMENTAL COST-EFFECTIVNESS 

Health and Safety Code Section 40920.6 (a)(3) requires the calculation of incremental 

cost-effectiveness for potential control options, when the District adopts “rules or 

regulations to meet the requirements for best available retrofit control technology 

[BARCT] pursuant to Sections 40918, 10919, 10920, and 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 “achieve and maintain state ambient air 

quality standards for ozone, carbon monoxide, sulfur dioxide, and nitrogen dioxide...”. 

Thus, Section 40920.6 does not apply to rules relating to achieving other standards, such 

as PM10. Proposed Amended Rule 1138 seeks to reduce PM emissions only. 

COMPARATIVE ANALYSIS 

Health and Safety Code Section 40727.2 requires a written analysis comparing the 

proposed amended rule with existing federal, State and District regulations. This analysis 

must include averaging provisions, operating parameters, work practice requirements, 

and recordkeeping, monitoring, and reporting requirements 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 Charbroiling. Table 4 compares the Bay 

Area adopted rule and San Joaquin’s proposed rule with the District staff’s proposal. 
PAR 1138 - Charbroilers Preliminary Draft Staff Report

SCAQMD 19 August 2009 

Table 4 

Comparison of Proposed Amended Rule 1138 with 

BAAQMD Rule 2 and SJVUAPCD Proposed Amended Rule 4692 

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 PM10 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 PM2.5 

(filterable and condensable)

0.28 tpd PM10 

(filterable only)

0.26 – 2.5 tpd of 

PM10 (filterable only)

Costeffectiveness 

ESP - $33,700/ton 

PM10 reduced 

HEPA - $23,000/ton 

PM10 reduced 

Scrubber - $8,400 ton 

PM2.5 reduced 

ESP - $19,500/ton PM10 

&VOC reduced 

HEPA - $17,300/ton 

PM10 reduced 

Scrubber - $26,100/PM10

& VOC reduced 

ESP - $20,300 - 

$201,400/ ton PM10

reduced 

HEPA - $5,800 - 

$57,600/ton PM10 

reduced 

Scrubber - $17,000 - 

$168,500/ton PM10

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 Report

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 structure of the original Rule 1138 and is 

based on a control device efficiency. The BAAQMD rule is based on an emissions rate 

not to be exceeded. They are, therefore, not comparable. 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 applicability 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 PM2.5 at a retrofit cost-effectiveness of $8,400. Alternatively, if the 

threshold were 1,000 lbs of beef cooked/wk, the number of restaurants included in the 

proposal would be 1,200 resulting in a 2.2 t/day reduction 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, represent an appropriate balance of emission 

reductions and cost based on available control technology. 

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 

Pursuant to the California Environmental Quality Act (CEQA) and AQMD Rule 110, the 

appropriate CEQA documentation will be prepared to analyze any potential adverse 

environmental impacts associated with PAR 1138. Upon completion, the CEQA 

document will be released for public review and comment, and will be available at 

AQMD Headquarters, by calling the AQMD Public Information Center at (909) 396-

2039, or by accessing AQMD’s CEQA website at: www.aqmd.gov/ceqa. 
PAR 1138 - Charbroilers Preliminary Draft Staff Report

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 necessity, authority, clarity, consistency, 

non-duplication, and reference, as defined in Health 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 from 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 authority 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 that Proposed Amended Rule 1138 

– Control of Emissions from Restaurant Operations, is written and displayed so that the 

meaning can be easily understood by persons directly affected by it. 

Consistency - The AQMD Governing Board has determined that Proposed Amended 

Rule 1138 – Control of Emissions from Restaurant Operations, 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 determined that Proposed Amended 

Rule 1138 – Control of Emissions from Restaurant Operations, does not impose the same 

requirements as any existing state or federal regulation, and the proposed rule is 

necessary and proper to execute the powers and duties granted to, and imposed upon, the 

AQMD. 

Reference - In adopting this proposed rule, the AQMD Governing Board references the 

following statutes which the AQMD hereby implements, interprets or makes specific: 

Health and Safety Code Sections 40001 (rules to achieve 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 PM2.5 by 

July 2013, implementing Control Measure #2007 BCM-05 in the 2007 AQMP, and 
PAR 1138 - Charbroilers Preliminary Draft Staff Report

SCAQMD 22 August 2009 

assisting in progress towards attainment of federal and state PM2.5 standards. 

Implementation of the proposed amended rule will result in a decrease in visible 

emissions for this industry. The 85% reduction requirement 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 substantiate reductions, is the appropriate choice 

for a rule-based emission reduction requirement. With increased production of control 

devices, the availability of other control option and costs for these devices will most 

likely be reduced and smaller operations could be added in the future. 
PAR 1138 - Charbroilers Preliminary Draft Staff Report

SCAQMD 23 August 2009 

REFERENCES 

1. South Coast Air Quality Management District, Air Quality Management Plan, 

2007, Appendix IV-A, Districts’ Stationary and Mobile Source Control Measures. 

2. South Coast Air Quality Management District, Air Quality Management Plan, 

1989, Appendix IV-A, Stationary Source Control Measures. 

3. South Coast Air Quality Management District, Air Quality Management Plan, 

1991, Appendix IV-A, Stationary Source Control Measures. 

4. South Coast Air Quality Management District, Air Quality Management Plan, 

1994, Appendix IV-A, Stationary Source Control Measures. 

5. South Coast Air Quality Management District, Air Quality Management Plan, 

1997, Appendix IV-A, Stationary Source Control Measures. 

6. Pacific Environmental Services, A Detailed Survey of Restaurant Operations in 

the South Coast Air Basin, Contract No. 98089, February 1999. 

7. University of California Riverside, College of Engineering, Center for 

Environmental Research and Technology, Final Report: Further Development of 

Emission Test Methods and Development of Emission Factors 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 Course 413 - Control of 

Particulate Emissions, Student Manual, EPA 450/2-80-066, October 1981. 

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

Technical Information for Determination of Best Available Control Technology 

for Identified Source Categories (RFP #9394-28) Tasks 4A-4: Restaurant 

Establishments. Prepared for South Coast Air Quality Management District, 

November 4, 1994.