DAR File No. 39746

Environmental Quality, Air Quality

Rule R307-303

Commercial Cooking

Notice of Proposed Rule

(Amendment)

DAR File No.: 39746
Filed: 09/15/2015 09:33:06 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 03/25/2015, Governor Gary Herbert signed Utah H.B. 229, Air Quality Modifications, from the 2015 General Session into law. H.B. 229 revised the statutory definitions of several terms in Section 19-2-102. The purpose of this rule is to amend the Utah Air Quality Rules so that they reflect the changes made to Section 19-2-102.

Summary of the rule or change:

The word "contaminant(s)" was replaced with "pollutant(s)" throughout the rule.

State statutory or constitutional authorization for this rule:

• Section 19-2-104

Anticipated cost or savings to:

the state budget:

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no anticipated costs or savings to the state budget.

local governments:

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no anticipated costs or savings to local governments.

small businesses:

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no anticipated costs or savings to small businesses.

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

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no anticipated costs or savings to other persons.

Compliance costs for affected persons:

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no compliance costs for affected persons.

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

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. Therefore, the amendments will have no fiscal impact on businesses.

Alan Matheson, 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:

• Ryan Stephens at the above address, by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@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:

11/02/2015

This rule may become effective on:

12/03/2015

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]pollutants 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, o]Owners or operators of all chain-driven charbroilers in food service establishments shall install, maintain and operate a catalytic oxidizer.

(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: [April 10, 2013]2015

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