



                                       
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     REGION IX AIR and RADIATION DIVISION


 

                          Technical Support Document 
                                      for
                       EPA's Clean Air Act Rulemaking
                                    for the
                     California State Implementation Plan
                                       
           San Joaquin Valley Unified Air Pollution Control District
                                       
                      Rule 4692, Commercial Charbroiling


















                              
                           Prepared by: Stanley Tong
                                       

                                   May 2020





RULE IDENTIFICATION  -  

Agency
San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD or District)

SIP Approved Rule
Rule 4692  -  Commercial Charbroiling 
Amended  -  September 17, 2009 
Submitted  -  May 17, 2010
EPA Approved  -  November 3, 2011 (76 FR 68103)

Subject of this TSD
Rule 4692  -  Commercial Charbroiling
Amended  -  June 21, 2018 
Submitted  -  November 21, 2018, by letter dated November 16, 2018.

Completeness Finding
Complete by operation of law: May 21, 2019


BACKGROUND  - 

The SJVUAPCD regulates the San Joaquin Valley Air Basin, which is classified as "Extreme" nonattainment for the 2008 and 2015 8-hour ozone national ambient air quality standards (NAAQS),  "Serious" nonattainment for the 1997 and  2006 PM2.5 NAAQS, and "Moderate" nonattainment for the 2012 PM2.5 NAAQS. 40 CFR 81.305. 

SJVUAPCD Rule 4692 is designed to limit volatile organic compound (VOC) and particulate matter (PM) emissions from commercial charbroiling operations. Rule 4692 largely applies to chain-driven charbroilers. The EPA approved the 2009 version of Rule 4692 into the California State Implementation Plan (SIP) on November 3, 2011 (76 FR 68103).

In 2018, the District issued a letter to its Governing Board recommending the adoption of   amendments to the District's Rule 4692, stating that the District was developing a new measure "...to reduce emissions from underfired charbroiling in the Valley that will include financial incentives to help fund accelerated deployment of charbroiler emission control technologies in the Valley.... As a first step, to enable the District to implement this measure in a cost-effective and expeditious manner, ...the District must initiate registration of affected operations. The amendments ...will require...a one-time information report from owners and operators of commercial cooking operations with underfired charbroilers, as well as registration of underfired charbroilers subject to Rule 4692...." The letter further states that the District's latest PM2.5 attainment strategy shows that reducing emissions from underfired charbroilers is critical in helping to bring the Valley into attainment.

On June 21, 2018, the District adopted the amendments to Rule 4692. These amendments are largely administrative in nature and collect survey and registration data to evaluate the inventory and the number of underfired charbroilers in the Valley. Accordingly, these amendments do not result in direct emissions reductions, but are viewed as a SIP strengthening action. 

RULE SUMMARY  - 
As noted above, Rule 4692 is designed to limit VOC and PM emissions from commercial charbroiling operations, and largely applies to chain-driven charbroilers. The 2018 amendments to the rule that are the subject of this action add registration and recordkeeping requirements as well as a one-time information report for underfired charbroilers. 
Chain-driven charbroilers are semi-enclosed broilers with mechanical chains that move food through a cooking device. Rule 4692 requires that chain-driven charbroilers be equipped and operated with a catalytic oxidizer to oxidize VOCs and PM10 in the exhaust stream to carbon dioxide (CO2) and water vapor. SJVUAPCD estimated that the originally adopted Rule 4692 (March 2002) reduced PM2.5 emissions from chain-driven charbroilers by 84%, and that the September 2009 amendments to the rule, which expanded the rule's applicability to more chain-driven charbroilers, reduced the remaining baseline PM2.5 emissions from chain-driven charbroilers by approximately 25 percent.[,]
Underfired charbroilers operate differently than chain-driven charbroilers, and have a stationary cooking surface similar to a home barbecue, with a heavy-duty grill over gas burners, electric heating elements, or wood to cook the food. SJVUAPCD states that controlling emissions from underfired charbroilers has proven far more challenging and, to date, no cost-effective control technologies for such charbroilers have been demonstrated as achieved in practice. 

The requirements of Rule 4692 (September 2009) generally apply to chain-driven charbroilers that are used to cook more than 400 pounds of meat per week and emit more than one pound per day of any criteria pollutant. Rule 4692 requires restaurants with chain-driven charbroilers that are subject to the rule to operate with a catalytic oxidizer control device to minimize VOC and PM10 emissions.

The most significant revisions to the 2009 SIP-approved version of Rule 4692 resulting from the 2018 amendments to the rule are: (1) the new requirement that all indoor commercial cooking operations operating underfired charbroilers submit a one-time report by January 1, 2019; and (2) the new requirement that indoor commercial cooking operations operating underfired charbroilers that cook quantities of meat above a specified threshold register with the District and adhere to weekly recordkeeping requirements. Changes from the 2009 SIP approved version of Rule 4692 resulting from the 2018 amendments include the following:

Section 3 Definitions: 
1. 	Clarifies that "Commercial Cooking Operations" are stationary facilities that cook food for human consumption and engage in the retail sale or offer for sale of the cooked food.

2.	Adds a definition for "Outdoor Operations," which are commercial cooking operations with underfired charbroilers that are operated outdoors and are not connected to an exhaust hood or other form of ventilation.

3.	Adds a definition for "Underfired Charbroiler," which is a charbroiler, other than a chain-driven charbroiler, where the heat source and radiant surface, if any, are positioned at or below the level of the grated grill.

Section 4 Exemptions:
4. 	Deletes compliance deadlines that have passed.

5.	While Rule 4692 requires all underfired charbroilers, regardless of size or quantity of meat cooked, to submit a one-time report (see Section 5 Requirements below), Section 4 provides that an underfired charbroiler is exempt from the remainder of Rule 4692 provided that the one-time report is submitted, and: 
	- the underfired charbroiler unit is not used to cook 400 pounds of meat or more in any calendar week, or 
	- the underfired charbroiler unit is not used to cook more than 10,800 pounds in any 12-month period and the amount of meat cooked every calendar week is less than 875 pounds.

6.	Adds that outdoor operations are not subject to the rule. 

Section 5 Requirements:
7.	Deletes compliance deadlines that have passed.

8. 	Adds that owners or operators of underfired charbroilers at commercial cooking operations shall submit a one-time report that includes the following information:
	a. Name and location of the commercial cooking operation.
	b. Number and size, in cooking surface square feet, of all underfired charbroilers at the commercial cooking operation.
	c. Type of fuel used to heat the underfired charbroiler.
	d. Type and quantity, in pounds, of meat cooked on the underfired charbroiler(s) on a weekly basis for the previous 12-month period.
	e. Daily operating hours of the commercial cooking operation.
	f. Flowrate (cubic feet per minute) of hood or exhaust system(s) serving each underfired charbroiler.
	g. The manufacturer and model of any installed pollution control devices designed for the reduction of particulates, kitchen smoke and/or odor.

9. 	Adds that owners of underfired charbroilers that do not qualify for the exemptions discussed under "Section 4 Exemptions" above, are required to register the underfired charbroiler pursuant to Rule 2250, Permit-Exempt Equipment Registration.

Section 6 Administrative Requirements:
10.	Adds that owners or operators of underfired charbroilers that are subject to the rule (i.e., not exempt under Section 4 of the rule) are required to keep weekly records of the total quantity, in pounds, of each type of meat cooked on each charbroiler on the premises. Records are required to be maintained on the premises for not less than five years.

Section 7 Compliance Schedule:
11. 	Deletes entire section because compliance deadlines have passed.

EVALUATION CRITERIA  -  The following criteria were used to evaluate the submitted rule. 

      1.	Enforceability  -  CAA section 110(a)(2)(A) requires SIPs to "include enforceable emission limitations and other control measures, means, or techniques . . .  as may be necessary or appropriate to meet the applicable requirements of [the CAA]." The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988, revised January 11, 1990) and the Little Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA section 110(a)(2)(A) requirement for enforceability. 

      2.	Stringency  -  SIPs must require RACT for each category of sources covered by a control techniques guidelines (CTG) document as well as each major source of oxides of nitrogen (NOx) or VOCs in ozone nonattainment areas classified as Moderate or above (see CAA sections 182(b)(2) and (f)). Rule 4692 is not subject to the specific ozone RACT control requirements of CAA sections 182(b)(2) and (f) because the EPA has not issued a CTG for this source category and the SJVUAPCD has no major VOC/NOx charbroiler sources. In addition, the June 21, 2018 amendments to Rule 4692 do not add emission control requirements, are largely administrative in nature, and are intended to facilitate and inform the development of a future control strategy for this source category. Rule 4692 is not relied on for the District's 2016 Ozone Plan. The District's 2018 PM2.5 Plan relies on Rule 4692 (amended 6/21/2018) as a baseline measure in the control strategy to provide for attainment of the 2006 PM2.5 NAAQS but does not specifically rely on the 2018 amendments to the rule for additional emission reduction credit..
      
      3.	SIP Revisions  -  CAA section 110(l) prohibits the EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA section 193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area, unless the modification ensures equivalent or greater emission reductions of the relevant pollutant(s).
      
EPA EVALUATION  -  A summary of our evaluation of the three criteria follows.

      1. 	Enforceability  -  The rule requirements and applicability are generally clear, and the monitoring, recordkeeping, reporting and other provisions sufficiently ensure that affected sources and regulators can evaluate and determine compliance with Rule 4692 consistently. We note that, as discussed above in the section discussing changes to the 2009 SIP-approved rule, the current amendments to Rule 4692 are largely administrative and require owners or operators of underfired charbroilers to submit a one-time report and in some cases, register their units and keep records. 
      
      	Because Rule 4692 now requires underfired charbroilers subject to the rule to register in accordance with District Rule 2250, Permit-Exempt Equipment Registration, the District submitted Rule 2250 for approval into the SIP to ensure that the underfired charbroiler registration requirements in Rule 4692 are fully enforceable. The EPA is also acting on Rule 2250 as part of this rulemaking action, and our evaluation of Rule 2250 is contained in a separate TSD. 
      
      	We note that section 5.2.2 of revised Rule 4692 provides that owners "...of an underfired charbroiler subject to this rule shall register such underfired charbroiler pursuant to Rule 2250 (Permit-Exempt Equipment Registration), in lieu of permitting under the requirements of Rule 2010 (Permits Required)." The documentation from the District accompanying the submittal of Rule 4692 indicates that the District finds that the revisions to Rule 4692 would result in underfired charbroilers that are subject to Rule 4692 losing their permit exemption, and therefore requires such units to register pursuant to District Rule 2250 in lieu of permitting requirements. 
      
      	We find that in this instance, allowing such equipment to be registered in lieu of permitting is acceptable given that the underfired charbroilers that are subject to Rule 4692 were previously exempt from District permitting requirements under SIP-approved Rule 2020. In this instance, the revisions to Rule 4692 that now require that such underfired charbroilers maintain certain records, and register under Rule 2250 (in lieu of permitting), is SIP strengthening. However, for any similar actions in the future (e.g., equipment registration to facilitate information collection to inform a future rulemaking), we strongly recommend that for clarity and consistency, the District revise Rule 2020, its permit exemption rule, to specify what equipment is exempted from the permitting requirements in District Rule 2010, rather than relying on a prohibitory rule to specify permit requirements. 

      2. 	Stringency  -  As discussed above, the June 21, 2018 amendments to Rule 4692 require facilities with underfired charbroilers to submit a one-time report to the District and those facilities that cook quantities of meat above a specified threshold to register with the District and adhere to weekly recordkeeping requirement. These requirements are SIP strengthening actions and will help inform the District's future rule development process to better target needed emission reductions from underfired charbroilers. 
       
3. 	SIP Revisions  -  We propose to determine that our approval of the submittal would comply with CAA sections 110(l) and 193 because the proposed SIP revision would not interfere with any CAA requirements, including requirements for RFP and attainment of the NAAQS, nor would our approval of Rule 4692 modify any pre-November 15, 1990 control requirement in the California SIP.

EPA ACTION  -   

The submitted Rule 4692 strengthens the SIP. The administrative amendments do not result in emission reductions, but the District plans to use the registration, recordkeeping, and one-time report requirements to help inform development of future control measures to reduce emissions from underfired charbroilers in the Valley. The rule meets the requirements of CAA section 110 and part D. Therefore, we recommend approval of Rule 4692 pursuant to CAA sections 110(k)(3). 

REFERENCES  -  

 "State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990," 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
 EPA Office of Air Quality Planning and Standards, "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," May 25, 1988 (the Bluebook, revised January 11, 1990). 
 EPA Region IX, "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," August 21, 2001, (the Little Bluebook).
 SJVUAPCD Rule 4692, Commercial Charbroiling, as amended on June 21, 2018, and submitted to the EPA by CARB on November 21, 2018, by letter dated November 16, 2018.
 SJVUAPCD "Rule Action Package for Rule 4692 (Commercial Charbroiling)," dated July 11, 2018, including Attachment C "Final Draft Staff Report, June 21, 2018, Amendments to Rule 4692 (Commercial Charbroiling)".
 SJVUAPCD Rule 4692, Commercial Charbroiling, as amended on September 17, 2009, and approved into the SIP on November 3, 2011, (76 FR 68103). 
 SJVUAPCD, Final Staff Report, "Appendix B Baseline Emissions and Emission Reduction Analysis for Revised Proposed Amendments to Rule 4692 (Commercial Charbroiling)," October 8, 2009, available at https://www.regulations.gov/contentStreamer?documentId=EPA-R09-OAR-2011-0463-0030&attachmentNumber=2&contentType=pdf.
 SJVUAPCD, "2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards, Appendix C Stationary Source Control Measure Analyses," November 15, 2018, available at http://valleyair.org/pmplans/documents/2018/pm-plan-adopted/C.pdf. 
 SJVUAPCD, "2016 Ozone Plan for 2008 8-Hour Ozone Standard," June 16, 2016, available at http://valleyair.org/Air_Quality_Plans/Ozone-Plan-2016/Adopted-Plan.pdf.
 SJVUAPCD Governing Board Resolution 18-06-19, dated June 21, 2018. 
 Memorandum dated June 21, 2018, page 2, from Seyed Sadredin, Executive Director/APCO to SJVUAPCD Governing Board, "RE: ITEM NUMBER 9: ADOPT PROPOSED AMENDMENTS TO DISTRICT RULE 4692 (COMMERCIAL CHARBROILING)."
