The BAAQMD presented their revised Draft of Proposed Regulation 6, Rule 2 for Commercial Cooking Equipment at a recent second workshop on March 6, 2007 to interested industry members. Click here for actual draft language. Virginia Lau, Senior Air Quality Specialist represents the Bay Area Air Quality Management District.

Don Fisher, Fisher-Nickel commented in a Technical Response dated March 9, 2007 that the BAAQMD had taken positive action to respond to concerns presented at the first series of workshops held in late 2006.

The primary purpose of this proposed rule is to reduce emissions within the bay area from charbroiler type equipment. It applies to any person who owns, operates or plans to install an under-fired charbroiler or chain driven (conveyorized) charbroiler in a restaurant located within the BAAQMD. Design consultants, architects and MEP firms should review this proposed regulation as it will impact designs in progress.

In earlier 2006 language, the proposed Regulation 6, Rule 2 had expanded to greater coverage and would have affected most all restaurant operations throughout the bay area using the most common Type I hood. These regulations if adopted in their prior form would have placed a significant financial burden on all operators including those without charbroilers.

Ms. Lau attended the January 2007 ASHRAE tc5.10 Technical Committee meeting in Dallas to better understand industry concerns and explain the reasons behind this proposed regulation. We applaud Ms. Lau and the BAAQMD in working to listen and learn about industry concerns and hardships that would have made this new rule a real hospitality industry challenge.

Regulation 6, Rule 2

• The revised language now concentrates on two charbroiler types: chain driven gas fired conveyors and gas under-fired charbroilers with a grill surface area of at least 10 square feet in total.
• Catalytic oxidizers (emission control devices) will be required in the exhaust stream of all chain driven gas fired charbroilers and include specified maintenance and prior approval.
• Only listed hoods (at reduced air volumes over the UMC requirement for unlisted hoods) will be permitted over these broilers.
• Registration will be required for all chain driven charbroilers and emission control devices (within 1 year after adoption).
• Registration will be required for all under-fired charbroilers totaling a combined 10 square feet of grill surface area and any emission control devices (installed within 2 years after adoption).
• Effective in 5 years, any existing operation containing one or more under-fired charbroilers totaling 10 square feet or more must register.
• Registration fees will apply.
• Record keeping will be required.
• Emission control devices shall require laboratory testing (ASTM F2239 for chain-driven and ASTM F1695 for under-fired charbroilers).
• Verification of testing by the manufacturer will be required under penalty of perjury.
• Refer to the proposed regulation for other applicable rules regarding CFM, overhang, filters registration and reporting requirements.

Some items discussed within the proposed rules are still considered by the industry as good practices when applicable, but may cause hardship when or if required in all operations:

• Demand ventilation control while a valuable consideration for most kitchens does not apply to these types of devices since they remain very hot during idle periods.
• Side panels are a highly effective low cost strategy but are not appropriate in all cases.
• Consideration should be given to using ASTM 2529 for grease removal (filter) devices in lieu of requiring EPA Method 5.

Finally, Mr. Fisher makes a point that the “cost effectiveness reported at the workshops of $24,000 per ton is outside the range of acceptability”. He believes that actual cost effectiveness may approach the $50,000 per ton if more rigorous analysis is used.

In short UP YOUR STACK believes that considerable progress has been made to meet BAAQMD needs for improving air quality in the bay area but there still remains some work to be done before the final rule is accepted and published. One thing is obvious. Owner costs will be considerably impacted when gas fired conveyor broilers and under-fired broilers remain in use or are part of new operations being built or in planning stages.