STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 8

SULFUR CONTENT OF FUELS 

Effective 2 1 October 1971

Last Amended 19 July 2007

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42-

17.1-2(s) and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 

42-35.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 8

SULFUR CONTENT OF FUELS

TABLE OF CONTENTS

8.1 Definitions...........................................................................................................................................................1

8.2 General Limitations..............................................................................................................................................2

8.3 Exceptions...........................................................................................................................................................2

8.4 Determination of Compliance ..............................................................................................................................8

8.5 General Provisions...............................................................................................................................................9

POLICY FOR INCREMENT CONSUMPTION FROM APPLICATION UNDER SECTION 8.3.3 

OF REGULATION 8 - 14 MARCH 1985 ....................................................................................................12
Page 1 of 12

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 8

SULFUR CONTENT OF FUELS

8.1 Definitions

Unless otherwise expressly defined in this section, the terms used in this regulation shall 

be defined by reference to the Rhode Island Air Pollution Control General Definitions 

Regulation.. As used in this regulation, the following terms shall, where the context 

permits, be construed as follows:

8.1.1 "Approved stack gas cleaning process" means a process, approved by the 

Director, which removes sulfur dioxide from the products of combustion of 

fossil fuel.

8.1.2 "Effective stack height" means the sum of the physical stack height and the 

plume rise as calculated according to the current practice of the Department of 

Environmental Management as described in the Rhode Island Guideline for Air

Quality Modeling.

8.1.3 "Fuel burning device" means any device engineered to burn fuel for the 

primary purpose, as determined by the Director, of producing steam, heat or 

power.

8.1.4 "High sulfur fuel" means any fuel except fuel oil containing more than 0.55 

pounds of sulfur per million Btu heat release potential or fuel oil containing 

more than 1.0 percent sulfur by weight.

8.1.5 "Low sulfur fuel" means any fuel except fuel oil containing 0.55 pounds or 

less of sulfur per million Btu heat release potential or fuel oil containing 1.0 

percent sulfur or less by weight.

8.1.6 "Permanent energy conservation measures" means any combination of 

permanent measures designed to increase the available heat, power, or steam 

output for a given fuel input or to increase the amount of heat or steam required 

to produce an equivalent amount of product or heat an equivalent amount of 

space.

8.1.7 "Significant impact" means an increase in the annual average or maximum 
Page 2 of 12

short-term ambient concentration of a pollutant that would exceed any of the 

following:

Averaging Time (Hours)

Pollutant Annual 24 8 3 1

SO2 1.0 ug/m35 ug/m325 ug/m3

TSP 1.0 ug/m35 ug/m3

NO2 1.0 ug/m3

CO 0.5 mg/m32 mg/m3

8.2 General Limitations

Unless the Director declares in writing after a hearing that a shortage of low sulfur 

fuel exists, no person shall store for sale, offer for sale, sell or deliver for use in 

Rhode Island and no person shall use or store high sulfur fuel except as provided in 

Section 8.3.

8.3 Exceptions

8.3.1 Limitations with Stack Gas Cleaning Process

The Director may approve the use of high sulfur fuel when combined with an 

approved stack gas cleaning process, provided the sulfur compound emissions 

(expressed as sulfur dioxide) from the stack do not exceed 1.1 pounds per 

million Btu actual heat input, and the person using such process gives evidence 

satisfactory to the Director that the emissions do not exceed the requirements of 

this subsection.

8.3.2 Emission Bubbling

The provisions of Section 8.2 shall not apply to fuels included in an emissions 

bubble. In an emissions bubble, the owner or operator of a source with more 

than one fuel burning device, each of which is subject to specific emission 

requirements under the applicable regulations, may propose to meet the total 

emission control requirements of the applicable regulations, for a given 

pollutant, through a different mix of control technology than that mandated by

existing regulations. Sulfur compound emissions (expressed as sulfur dioxide) 
Page 3 of 12

from such a bubble shall not exceed 1.1 pounds per million Btu actual heat 

input and the sulfur content of any fuel used within the bubble shall not contain 

over 1.21 pounds of sulfur per million Btu heat release potential. Particulate 

emissions from the bubble shall not exceed 0.10 pounds per million Btu actual 

heat input and particulate emissions from any single fuel burning device within 

the bubble shall not exceed 0.15 pounds per million Btu actual heat input.

(a) It is the responsibility of the owner or operator of the source to develop a 

specific emission bubble. Application for approval of an emission 

bubble shall be made to the Department and must include the following:

(1) Certification that all fuel burning devices to be included in the 

emissions bubble are at the same plant location and are under the 

control of, or operated by, the same person; and

(2) Identification of each fuel burning device and stack to be included 

in the emissions bubble, including the types of fuel to be burned in 

each unit, the maximum sulfur content of each fuel, the heat input 

capacity for each unit, the annual fuel use and operating hours per 

year for each unit; and for each stack, the physical stack height; the 

exit velocity of the stack gas, the inside diameter of the stack exit 

and the exit stack gas temperature; and 

(3) Sufficient information to evaluate aerodynamic downwash effects 

in accordance with all applicable federal requirements; and

(4) Air quality modeling meeting the requirements of the Rhode Island 

Guideline for Air Quality Modeling, including aerodynamic 

downwashing modeling, to demonstrate that the bubble will not 

cause a violation of any National Ambient Air Quality Standard, or 

applicable PSD increment, and will not have a significant impact 

on any nonattainment area or Class I PSD area. If there is no 

increase in actual emissions, the air quality modeling requirement 

may be waived under the following conditions:

(i) All the fuel burning devices included in the bubble discharge 

through the same stack; or

(ii) Emissions from the most polluting fuel are released at an 

effective stack height within 10 percent of the greatest 

effective stack height within the bubble and all stacks 

included in the bubble are co-located. Co-located shall be 

held to mean within 100 meters of each other.

(b) The Department shall not approve any emissions bubble without first 
Page 4 of 12

giving public notice and affording all interested persons opportunity to 

comment on the emissions bubble. Additionally, the Department shall 

notify the public after each final approval.

(c) An emissions bubble shall not allow a source to supersede any of the 

following applicable conditions or standards:

(1) Conditions of any Prevention of Significant Deterioration permit; 

or

(2) Conditions of any nonattainment area permit; or

(3) Federal New Source Performance Standards; or

(4) National Emissions Standards for Hazardous Air Pollutants.

(d) An approved bubble shall be in effect for a period of no more than three 

years from the date of issuance. At the end of such three-year period, the 

Department shall review the bubble for compliance and may either 

terminate or extend approval of the bubble based on consideration of air 

quality, control technology innovation, and such other determinations as 

the Department deems appropriate.

(e) The provisions of any bubble shall be incorporated in a permit issued in 

accordance with the provisions of Air Pollution Control Regulation 9.

(f) Any bubble approved by the Department and incorporated into the State 

Implementation Plan prior to the effective date of this regulation may be 

continued at the discretion of the Department, subject to the provisions 

of paragraphs (c), (d) and (e) of this subsection..

8.3.3 Conversion and Conservation Incentive

The Department may authorize the use of high sulfur fuel oil for a period of up 

to 30 months in any fuel burning device with an energy input capacity of less 

than 250 million Btu's per hour. The use of the high sulfur fuel oil will be 

contingent on the source committing to implement permanent energy

conservation measures to convert to a fuel (other than a petroleum product such 

as coal, wood, coal-oil mixture, etc.). The savings realized from burning high 

sulfur fuel oil during this period shall be used to finance the necessary

modifications or installation of pollution control equipment.

(a) Approval for burning of high sulfur fuel oil under this section may be 

granted provided that:
Page 5 of 12

(1) The applicant demonstrates by means of air quality modeling, including 

aerodynamic downwash modeling meeting the requirements of the 

Rhode Island Guideline for Air Quality Monitoring, that the increase in 

sulfur dioxide and particulate emissions resulting from the use of the 

high sulfur fuel oil will not cause a violation of any National Ambient 

Air Quality Standard or any applicable PSD increment and will not 

have a significant impact on any nonattainment area or Class I PSD 

area; and

(2) The applicant enters into a Consent Agreement with the Department 

that specifies a schedule with deadlines by which time various aspects 

of the conversion and installation of pollution control equipment or the 

implementation of energy conservation measures shall be completed. .In 

no event shall final installation of pollution control equipment and 

completion of the conversion or complete implementation of energy

conservation measures be accomplished more than 30 months from the 

commencement of installation unless the Department finds good cause 

for a longer time. Financial difficulty will not be considered a good 

cause; and

(3) The applicant agrees to submit to the Department a quarterly report 

stating the quantity of high sulfur fuel oil used, the cost of fuel, the cost 

of an equivalent quantity of low sulfur fuel oil and the hours of 

operation for the high sulfur fuel burning unit; and

(4) The applicant, where practicable and deemed necessary by the 

Department, shall have a three-day supply of low sulfur fuel oil on hand 

and be prepared to convert as soon as possible after receiving notice 

from the Department. If the above is not practicable, then, at a 

minimum, the company shall have a commitment from its fuel oil 

supplier to supply the low sulfur fuel within a specified time; and

(5) If the conversion does not take place or the energy conversion measures 

are equivalent to the difference between the cost of the high sulfur fuel 

oil used and the equivalent amount of low sulfur fuel oil. The applicant 

shall put up a bond for the amount of money estimated to be saved 

during the burning of high sulfur fuel oil. This money shall be forfeited 

if the final conversion or implementation of energy conservation 

measures does not take place; and

(6) If the applicant implements permanent energy conservation measures, 

they must reduce oil consumption by at least 50,000 gallons/year below 

average consumption in the two calendar years immediately preceding 

the 30-month period. The applicant can continue to burn high sulfur 

fuel after the 30-month period if, through the use of permanent energy
Page 6 of 12

conservation measures, annual oil consumption has been reduced by 56 

percent from the average annual consumption during the two calendar 

years immediately preceding the 30- month period; and

(7) In the case of conversion, the capacity of the unit that will be converted 

or installed shall be at least equal to the estimated average heat input 

rate of high sulfur fuel oil during the 30-month period. This 

requirement may be waived by the Director if, in his judgment, an 

increase in the efficiency of the unit due to conversion would decrease 

the required capacity of the converted unit; and

(8) Approval to burn high sulfur oil shall be granted for only one 30- month 

period per facility. Such approval may not be renewed or extended 

except as provided in paragraph 8.3.3(a)(6). After the 30- month 

period, the source must meet the sulfur dioxide and particulate emission 

standards which were in effect prior to the approval, except if an 

applicable standard is amended during the 30-month period, in which 

case the source may elect to meet the new standard; or except as may be 

allowed under paragraph 8.3.3(a)(6). Additionally, the applicant must 

agree to conduct stack testing of any converted unit at his expense to 

verify compliance with applicable standards for sulfur dioxide and 

particulates. The Department may, where appropriate, approve fuel 

testing rather than stack testing for determining compliance with sulfur 

dioxide emission limits; and

(9) The sulfur content of the high sulfur fuel oil used in this section shall 

not exceed 1.21 pounds of sulfur per million Btu actual heat input.

(b) An application for approval under this section shall be made to the 

Department and must include the following:

(1) The required air quality modeling; and

(2) A proposed schedule for completing conversion or for implementing 

conservation measures; and

(3) Information on any proposed modifications intended to be made at the 

facility before it burns high sulfur oil; and 

(4) For conversions, information on the facility as it will exist after the 

conversion; and 

(5) For conservation applications, a listing of each conservation measure 

and a preliminary estimate of the fuel savings expected; and 
Page 7 of 12

(6) Historical fuel usage for the facility and preliminary estimates of the 

quantity of high sulfur fuel oil to be consumed and the total hours 

burning of high sulfur fuel oil that will take place.

(c) Any fuel burning device included in a plan under this section must have been 

installed and in operation prior to the effective date of this regulation.

8.3.4 Large Fuel Burning Devices Using Coal

(a) Any fuel burning device with a rated energy input capacity of 250 million 

Btu's per hour or more may use high sulfur fuel provided that:

(1) the high sulfur fuel is coal; and

(2) the average sulfur content does not exceed 1.21 pounds per million 

Btu's heat release potential in any 30-day period of 2.31 pounds per 

million Btu's in any 24-hour period; and

(3) the stack height, from which emissions resulting from the burning of the 

high sulfur fuel exit, meets or exceeds good engineering practice; and

(4) emissions resulting from the use of the high sulfur fuel will not cause a 

violation of any National Ambient Air Quality Standard or any

applicable PSD increment and will not have a significant impact on any

nonattainment area.

(b) It is the responsibility of the owner or operator of the facility to provide 

evidence, satisfactory to the Department, and meeting the requirements of the 

Rhode Island Guideline for Air Quality Modeling, that the above conditions 

are met.

(c) If any new or amended federal law requires a reduction in the total emissions 

of sulfur oxides or nitrogen oxides in Rhode Island or sets a maximum limit 

on such emissions, then the owner or operator of a facility burning high sulfur 

fuel under the provisions of paragraph 8.3.4(a) must obtain emission offsets or 

emission reductions for the increased sulfur oxide emissions due to coal 

burning.

(1) The actual amount of emission offsets or emission reductions at any

time shall be the difference between the actual annual sulfur oxide 

emission rate and the actual annual sulfur oxide emission rate during the

baseline period established by federal law; except that the amount of 

emission offsets or reductions required shall be reduced to the extent 

that the new or amended federal law does not count the increased sulfur 

oxide emissions due to coal burning as part of the maximum allowable 
Page 8 of 12

emissions for sulfur oxides and nitrogen oxides in Rhode Island.

(2) Such emission offsets or emission reductions must meet any conditions 

specified in federal law to be creditable against Rhode Island sulfur 

oxide and nitrogen oxide emissions and must be obtained within the 

period established by the new or amended federal law

(3) The Director may waive any or all of the required emission offsets or 

emission reductions at his discretion, provided that the total emissions 

of sulfur oxides and nitrogen oxides in Rhode Island shall not exceed 

the maximum amount allowed under federal law.

8.3.5 Storage Facilities

Any person seeking to store for sale, sell or deliver, high sulfur fuel for use in 

Rhode Island under the provisions of Subsections 8.3.1, 8.3.2, 8.3.3 and 8.3.4 

or for use outside of Rhode Island shall obtain the prior written approval of the 

Director.

8.3.6 Exemptions

The limitations of this regulation shall not apply to marine vessels or motor 

vehicles.

8.4 Determination of Compliance

8.4.1 Compliance with the applicable limitations set forth in this regulation shall be 

determined by procedures referenced below or deemed equivalent by the 

Director. Such procedures shall include but not be limited to any of the 

following:

(a) Emission testing conducted by the owner or operator of the source according 

to the Reference Methods of Appendix A to 40 CFR 60; and

(b) Laboratory analysis of fossil fuels by the owner or operator of the source or by

the supplier. A sampling valve shall be installed in the fuel line between the 

feed pump and the burner by the owner or operator for sample collection. 

Fossil fuels must be sampled and analyzed according to ASTM methods 

which have the prior approval or are required by the Director.
Page 9 of 12

8.4.2 Residual Fuel Oil Shipments to Marine Terminals

Each shipment of residual fuel oil received at a marine terminal shall be 

sampled and tested for sulfur content using methods approved by the Director. 

Such sampling and testing shall be performed by a qualified referee laboratory. 

Results of such tests must be reported to the Director. In addition, a 

representative sample of each shipment of oil shall be submitted to the Rhode 

Island Health Laboratory or other laboratory designated by the Director, by the 

close of business on the next business day after the oil has been received at the 

terminal. The following information shall be included with each sample:

(a) The name of the vessel delivering the oil and compartment or tank 

number where applicable.

(b) The name of the inspector taking the sample and the name of the referee 

laboratory.

(c) The name of the terminal where the oil was delivered and the name of 

the owner of the oil.

(d) The amount of oil in the shipment.

Results of tests conducted by the Rhode Island Health Laboratory or other 

designated laboratory shall be reported to the owner of the oil.

8.4.3 Taking of Fossil Fuel Samples

The Director may require, under his supervision, the collection of fossil fuel samples

for the purpose of determining compliance with this regulation. Sampling and 

analysis of fossil fuels under Subsection 8.4.2 shall not limit the collection of 

samples under this section.

8.4.4 Sulfur Variability in Coal

Coal burning devices with a rated energy input capacity of less than 250 million 

Btu's per hour shall be considered in compliance with sulfur dioxide and particulate 

emission limitations if the average emission rate in any 24-hour period does not 

exceed the applicable emission limitation.

8.5 General Provisions

8.5.1 Purpose
Page 10 of 12

The purpose of this regulation is to limit the sulfur content of fuels.

8.5.2 Authority

These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(s) and 

23-23, as amended, and have been promulgated pursuant to the procedures set 

forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35

8.5.3 Application

The terms and provisions of this regulation shall be liberally construed to permit 

the Department to effectuate the purposes of state law, goals and policies.

8.5.4 Severability

If any provision of this regulation or the application thereof to any person or 

circumstance, is held invalid by a court of competent jurisdiction, the validity of 

the remainder of the regulation shall not be affected thereby.

8.5.5 Effective Date

The foregoing regulation, "Sulfur Content of Fuels”, as amended, after due notice, 

is hereby adopted and filed with the Secretary of State this _29th____ day of 

_______June____, 2007_ to become effective twenty (20) days thereafter, in 

accordance with the provisions of Chapters 23-23, 42-35, 42-17.1, 42-17.6, of the 

General Laws of Rhode Island of 1956, as amended.
Page 11 of 12

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on: February 21, 2007

Public Hearing held: March 23, 2007

Filing Date: June 29, 2007

Effective Date: July 19, 2007
Page 12 of 12

POLICY FOR INCREMENT CONSUMPTION FROM APPLICATION UNDER 

SECTION 8.3.3 OF REGULATION 8 - 14 MARCH 1985

As part of an application under the Conversion and Conservation Incentive Section of Regulation 8, 

the applicant must demonstrate "...that the increase in sulfur dioxide and particulate emissions 

resulting from the use of the high sulfur oil will not cause a violation of ... any applicable PSD 

increment..."

Air Pollution Control Regulation 9, Section 9.15, contains the rules governing increment 

consumption, and these requirements supersede those of any other regulations. Section 9.15.1 (c) 

allows for the exclusion of certain concentrations from increment consumption. One such 

exclusion is for "...concentrations attributable to the temporary increase in emissions of sulfur 

dioxide of particulate matter from stationary sources which are affected by State Implementation 

Plan revisions meeting the following criteria:

(a) The duration of the State Implementation Plan revision shall not exceed thirty (30) 

months; and

(b) The duration of the exclusion is not renewable; and

(c) The emissions increase from the source would not cause or contribute to the violation 

of a national ambient air quality standard or impact an area where an applicable 

increment is known to be violated; and

(d) At the end of the State Implementation Plan revision, the emission levels from the 

source shall not exceed those levels occurring before the State Implementation Plan 

revision was approved..."

Any approval under the Conversion and Conservation Incentive Section of Regulation 8 would 

satisfy all of these criteria. Therefore, in general, applications under Section 8.3.3 will no longer be 

required to assess increment consumption as part of the application. If, however, an applicant will 

have a significant impact in either Massachusetts or Connecticut, it will be required to assess 

increment consumption in that state.

For those applications where the impacts are in Rhode Island only, the applicant will be required to 

assess compliance with the applicable NAAQS, impacts on nonattainment areas, impacts on Class I

PSD areas and impacts on any area where an increment is known to be violated.