DAR File No. 36480

Environmental Quality, Air Quality

Rule R307-303

Commercial Cooking

Change in Proposed Rule

DAR File No.: 36480
Filed: 02/07/2013 10:08:15 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 12/05/2012, the Utah Air Quality Board directed the Division of Air Quality (DAQ) staff to fix a discrepancy found between the Board memo and the proposed rule brought to the Board regarding the catalyst control efficiency requirements in the rule. During the public comment period, DAQ staff determined that an opacity reading is all that is necessary to determine if a catalyst is installed and operating correctly. Therefore, to resolve the Board's concern, the proposed rule is being amended by removing the efficiency requirement.

Summary of the rule or change:

The 75% catalytic oxidizer efficiency requirement in Section R307-303-4 is removed from the proposed rule. (DAR NOTE: This is the second change in proposed rule (CPR) for Rule R307-303. The original proposed new rule upon which the first CPR was based was published in the August 1, 2012, issue of the Utah State Bulletin, on page 13. The first CPR upon which this second CPR is based was published in the December 1, 2012, issue of the Utah State Bulletin, on page 60. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike out indicates text that has been deleted. You must view the first CPR, the second CPR, 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:

This change in proposed rule does not create any new requirements for the state; therefore, there are no anticipated costs or savings to the state budget.

local governments:

There are no new requirements to local government; therefore, there are no anticipated costs or savings.

small businesses:

While the 75% catalytic oxidizer efficiency certification requirement is removed, small businesses will still be required to install, maintain, and operate a catalytic oxidizer; 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 affect persons other than small businesses, businesses, or local government entities. Therefore, there are no anticipated costs or savings to them.

Compliance costs for affected persons:

While the 75% catalytic oxidizer efficiency certification requirement is removed, affected persons will still be required to install, maintain, and operate a catalytic oxidizer; therefore, there are no changes in compliance costs for affected persons.

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

While the 75% catalytic oxidizer efficiency certification requirement is removed, businesses will still be required to install, maintain, and operate a catalytic oxidizer; therefore, there are no changes in compliance costs for 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:

This rule may become effective on:

04/01/2013

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

Date of Enactment or Last Substantive Amendment: 2013

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