Environmental Quality, Air Quality

Rule R307-303

Commercial Cooking

Change in Proposed Rule

DAR File No.: 36480
Filed: 11/14/2012 05:21:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the public comment period, the Division of Air Quality (DAQ) received comments from EPA concerning the rule's 80% compliance requirement and the lack of monitoring and reporting components in the rule. The rule changes are in response to their comments.

Summary of the rule or change:

Section R307-303-3 is amended by adding a definition for "catalytic oxidizer." Section R307-303-4 is amended by clarifying that no later than 09/01/2013, owners or operators of all 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 75%. A new subsection, R307-303-4(4), is added to specify that opacity of exhaust stream shall not exceed 20% opacity using EPA Method 9. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the August 1, 2012, issue of the Utah State Bulletin, on page 13. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Section 19-2-101

Anticipated cost or savings to:

the state budget:

The changes to the rule do not result in any new requirements for the state; therefore, there are no anticipated costs or savings to the state budget.

local governments:

The changes to the rule do not result in any new requirements to local government; therefore, there are no anticipated costs or savings to local government.

small businesses:

The changes to the rule do not add any new requirements to small businesses; therefore, there are no anticipated costs or savings to small businesses.

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

The changes to the rule do not add any new requirements to persons other than small businesses, businesses, or local government entities; therefore, there are no anticipated costs or savings.

Compliance costs for affected persons:

The changes to the rule do not add any new compliance requirements that affect the costs of complying with the rule.

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

The changes to the rule do not add any new requirements that would affect the fiscal impact the rule has on businesses.

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:

12/31/2012

This rule may become effective on:

02/07/2013

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.

"Catalytic oxidizer" means an emission control device that employs a catalyst fixed onto a substrate to oxidize air contaminants in an exhaust stream.

"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]No later than September 1, 2013, owners or operators of all 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]75%, 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. Manufacturer specifications for all emission controls must be maintained onsite.

(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.

(4) Opacity of exhaust stream shall not exceed 20% opacity using EPA Method 9.

 

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

Date of Enactment or Last Substantive Amendment: [2012]2013

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