Environmental Quality, Air Quality

Rule R307-303

Commercial Cooking

Notice of Proposed Rule

(New Rule)

DAR File No.: 36480
Filed: 07/11/2012 05:14:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division of Air Quality (DAQ) is developing a new State Implementation Plan (SIP) for PM2.5. As part of that plan, the Air Quality Board is proposing for public comment this new rule to control PM2.5 and volatile organic compound (VOC) emissions from commercial cooking. Commercial cooking accounts for 43% of direct PM2.5 in the nonattainment area from the "Area Source" category, and chain-driven charbroilers make up 11% of that 43%.

Summary of the rule or change:

This rule requires owners and operators of chain driven charbroilers in food service establishments to install, maintain and operate a catalytic oxidizers that reduce uncontrolled PM2.5 and VOC by at least 80%; it requires owners and operators to clean and maintain catalytic oxidizers according to manufacturer's specifications; and it requires owners and operators to maintain records of the installation date of the control device, the date of catalyst replacement, and maintenance performed on the control device. This proposed rule applies to Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber counties. During the public comment period, DAQ are requesting public input on the appropriateness of applying this rule in Tooele and Box Elder counties.

State statutory or constitutional authorization for this rule:

• Section 19-2-101

Anticipated cost or savings to:

the state budget:

While there will be some additional inspection requirements for DAQ, there are no anticipated costs or savings to the state budget.

local governments:

Because this rule will be administered by the state and because it does not establish any new requirements to local governments, there are no anticipated costs or savings to local government.

small businesses:

The annualized capital, operational, and maintenance cost for the required catalytic oxidation technology is estimated to cost approximately $2,028 per year over a 10-year period.

persons other than small businesses, businesses, or local governmental entities:

Because this rule is applicable only to operations of chain driven charbroilers in food service establishments, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The annualized capital, operational, and maintenance cost for the required catalytic oxidation technology is estimated to cost approximately $2,028 per year over a 10-year period.

Comments by the department head on the fiscal impact the rule may have on businesses:

The annualized capital, operational, and maintenance cost for the required catalytic oxidation technology is estimated to cost approximately $2,028 per year over a 10-year period.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2012

Interested persons may attend a public hearing regarding this rule:

• 08/15/2012 10:00 AM, DEQ Bldg, 195 N 1950 W, Salt Lake City, UT

This rule may become effective on:

10/04/2012

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-303. Commercial Cooking.

R307-303-1. Purpose.

The purpose of this rule is to reduce volatile organic compound (VOC) and PM2.5 emissions from commercial cooking equipment.

 

R307-303-2. Applicability.

R307-303 shall apply to Box Elder, Cache, Davis, Salt Lake, Tooele, Utah and Weber counties.

 

R307-303-3. Definitions.

"Chain-driven (conveyorized) charbroiler" means a semi-enclosed charbroiler designed to mechanically move food on a grated grill through the broiler.

"Charbroiler" means a cooking device composed of a grated grill and a heat source, where food resting on the grated grill cooks as the food receives direct heat from the heat source or a radiant surface.

 

R307-303-4. Performance Standards and Recordkeeping.

(1) Beginning September 1, 2013, owners or operators of chain-driven charbroilers in food service establishments shall install, maintain and operate a catalytic oxidizer that reduces uncontrolled PM2.5 and VOC by at least 80%, according to manufacturer specified removal efficiencies.

(2) Any emission control device installed and operated under this rule shall be operated, cleaned, and maintained in accordance with the manufacturer's specifications.

(3) The owner or operator shall maintain on the premises of the food service establishment records of each of the following:

(a) The date of installation of the emission control device;

(b) When applicable, the date of the catalyst replacement; and

(c) For a minimum of five years, the date, time, and a brief description of all maintenance performed on the emission control device, including, but not limited to, preventative maintenance, breakdown repair, and cleaning.

 

KEY: commercial cooking, charbroilers, PM2.5, VOC

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 19-2-101