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RULE 1138. CONTROL OF EMISSIONS FROM RESTAURANT OPERATIONS 1138 - 1

(Adopted November 14, 1997)


RULE 1138.
CONTROL OF EMISSIONS FROM RESTAURANT
OPERATIONS
(a) Applicability
This rule applies to owners and operators of commercial cooking operations,
preparing food for human consumption. The rule requirements currently apply to
chain-driven charbroilers used to cook meat. All other commercial restaurant
cooking equipment including, but not limited to, under-fired charbroilers, may be
subject to future rule provisions.
(b) Definitions
(1)
CATALYTIC OXIDIZER means a control device which burns or oxidizes
smoke and gases from the cooking process to carbon dioxide and water,
using an infrastructure coated with a noble metal alloy.
(2)
CHAIN-DRIVEN CHARBROILER is a semi-enclosed cooking device
with a mechanical chain which automatically moves food through the
device and consists of three main components: a grill, a high temperature
radiant surface, and a heat source.
(3)
CHARBROILER means a cooking device composed of the following
three major components: a grated grill, a high-temperature radiant surface
and a heat source. The heat source heats the high-temperature radiant
surface, which provides the heat to cook the food resting on the grated
grill. This includes, but is not limited to broilers: grill charbroilers,
flamebroilers and direct-fired barbecues.
(4) EXISTING
CHAIN-DRIVEN
CHARBROILER means any chain-driven
charbroiler operating on or before November 14, 1997.
(5)
MEAT, for the purposes of this rule, includes beef, lamb, pork, poultry,
fish, and seafood.
(6) NEW CHAIN-DRIVEN CHARBROILER means any chain-driven
charbroiler initially installed and operated after November 14, 1997.
(7)
RESTAURANT means any stationary commercial cooking establishment
which prepares food for human consumption. Rule 1138 (Cont.)

(Adopted November 14, 1997)
1138 - 2
(8)
UNDER-FIRED CHARBROILER means a cooking device which has a
grill, a high temperature radiant surface, and a heat source which is
located below the food.
(9)
WEEKLY means a consecutive seven-day period.
(c) Requirements
(1)
No person shall operate an existing chain-driven charbroiler on and after
November 14, 1999 unless it is equipped and operated with a catalytic
oxidizer control device, and the combination charbroiler/catalyst has been
tested in accordance with the test method specified in subdivision (g) and
certified by the Executive Officer. Other control devices or methods may
be used, if found, in accordance with the test method specified in
subdivision (g), to be as or more effective than the catalytic oxidizer in
reducing particulate matter (PM) and volatile organic compounds (VOC)
(as defined in Rule 102) emissions and certified by the Executive Officer.
(2)
Notwithstanding provisions of paragraph (c)(1) of this rule, persons
operating an existing chain-driven charbroiler with permitted control
equipment may elect to maintain that equipment for the duration of its
functional life not to exceed 10 years from November 14, 1997. At such
time, such persons may elect to either replace the existing control
equipment with a catalytic oxidizer control device which in combination
with the chain-driven charbroiler has been tested in accordance with the
test method specified in subdivision (g) and certified by the Executive
Officer, or other control device or method found to be as or more effective
than the catalytic oxidizer in reducing PM and VOC emissions in
accordance with the test method specified in subdivision (g) and certified
by the Executive Officer.
(3)
No person shall operate a new chain-driven charbroiler after November
14, 1997 unless it is equipped and operated with a catalytic oxidizer
control device, and this combination charbroiler/catalyst has been tested in
accordance with the test method specified in subdivision (g) and certified
by the Executive Officer, or other control device or method if found to be
as or more effective than the catalytic oxidizer in reducing PM and VOC
emissions in accordance with the test protocol specified in subdivision (g)
and certified by the Executive Officer. Rule 1138 (Cont.)

(Adopted November 14, 1997)
1138 - 3
(4)
Catalytic oxidizers or other control devices shall be maintained in good
working order to minimize visible emissions to the atmosphere, and
operated, cleaned, and maintained in accordance with the manufacturer's
specifications in a maintenance manual or other written materials supplied
by the manufacturer or distributor of the catalyst or other control device,
or chain-driven charbroiler.
(d) Recordkeeping
(1)
Owners and operators of chain-driven charbroilers equipped with control
equipment shall, at the time of occurrences listed in subparagraphs
(d)(1)(A) and (B), record such actions and retain the records for a period
of not less than five years. These records shall be made available to a
District representative upon request. Records shall consist of:
(A)
the date of installation or changing of any catalyst or, if applicable,
other certified control device; and
(B)
the date and time of cleaning and maintenance performed for the
catalyst or, if applicable, other certified control device.
(2)
Owners and operators of chain-driven charbroilers operating under an
exemption from provisions of this rule pursuant to subdivision (e), shall
maintain weekly records of the amount of meat cooked and monthly
records of the amount of meat purchased. These records shall be retained
on the restaurant premises for a period of not less than five years and
made available to a District representative upon request.
(3)
Persons may request use of alternative recordkeeping, provided the
Executive Officer and EPA have determined, in writing, that the
alternative recordkeeping method provides equivalent compliance
assurance as the records specified in paragraphs (d)(1) or (d)(2).
(e) Exemption
An owner or operator of a chain-driven charbroiler may apply for an exemption
from provisions of paragraphs (c)(1) through (c)(4) and (d)(1):
(1)
based on accepting a permit condition limiting the amount of meat cooked
on the chain-driven charbroiler to less than 875 pounds per week; or
(2)
by supplying evidence from testing pursuant to the test method specified
in subdivision (g), demonstrating that emissions from the chain-driven
charbroiler are less than the one pound per day of any criteria air Rule 1138 (Cont.)

(Adopted November 14, 1997)
1138 - 4
contaminant, and accepting permit conditions necessary to preclude an
exceedance of that level of emissions.
(f) Evaluations
The Executive Officer will evaluate Rule 1138 and report to the Governing
Board, no later than 18 months from the date of its adoption, to assess the
feasibility of emission reductions and whether cost-effective control devices or
other methods are available for the control of emissions from under-fired
charbroilers and potentially other commercial restaurant cooking equipment.
(g) Test
Methods
The Districts Protocol - Determination of Particulate and Volatile Organic
Compound Emissions from Restaurant Operations shall be used to determine the
pounds of PM and VOC per 1,000 pounds of meat cooked.