STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 20

BURNING OF ALTERNATIVE FUELS

Effective 3 April 1985

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. 20

BURNING OF ALTERNATIVE FUELS

TABLE OF CONTENTS

20.1 Definitions .......................................................................................................................................................1

20.2 Applicability ....................................................................................................................................................1

20.3 Prohibitions......................................................................................................................................................1

20.4 Approval to Burn Alternative Fuels..................................................................................................................2

20.5 Limitation on Air Contaminants........................................................................................................................3

20.6 Sampling and Analysis of Alternative Fuels......................................................................................................3

20.7 Trial Burns and Emission Testing.....................................................................................................................4

20.8 Alternative Standards and Schedules................................................................................................................4

20.9 Record Keeping ...............................................................................................................................................5

20.10 Exemptions......................................................................................................................................................5

20.11 Alternative Fuels Sellers...................................................................................................................................5

20.12 Compliance with Hazardous Waste Regulations...............................................................................................6

20.13 General Provisions...........................................................................................................................................6
APPENDIX A..................................................................................................................................................7

APPENDIX B................................................................................................................................................10
Page 1 of 10

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION 20

BURNING OF ALTERNATIVE FUELS

20.1 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:

20.1.1 "Alternative fuel" means any materials, other than fuel oil, natural gas, 

coal or wood residue that is burned for the purpose of creating useful heat. 

Types of alternative fuels include, but are not limited to waste oil and

hazardous waste. This definition does not include refuse derived fuel 

(RDF).

20.1.2 "Fuel burning equipment" means any furnace, boiler, apparatus, stack and 

all appurtenances thereto used in the process of burning fuel for the primary

purpose of producing heat or power.

20.1.3 "Hazardous waste" means any waste or combination of wastes of a solid, 

liquid, gaseous or semi-solid form which is defined as a hazardous waste in 

the Rhode Island Rules and Regulations for Hazardous Waste, Generation, 

Transportation, Treatment, Storage and Disposal.

20.1.4 "Waste oil" means used or spent oil of any kind, including but not limited 

to those oils from automotive, industrial, aviation and other source 

categories.

20.1.5 "Wood residue" means a waste by-product of the pulp and paper industry

which consists of bark, sawdust, slabs, chips, shavings and mill trim.

20.2 Applicability

The provisions of this regulation shall apply to any person burning alternative fuels in fuel 

burning equipment with a heat input capacity of one million Btu per hour or greater.

20.3 Prohibitions
Page 2 of 10

No person shall burn alternative fuels without first obtaining written approval from the 

Director.

20.4 Approval to Burn Alternative Fuels

20.4.1 Alternative Fuels Containing PCB's

Approval to burn alternative fuels containing PCB's shall be granted consistent with 

the requirements of Title 40 of the Code of Federal Regulations Part 761 entitled 

"Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in 

Commerce, and Use Prohibitions" and the Rhode Island Rules and Regulations for 

Hazardous Waste Generation, Transportation, Treatment, Storage and Disposal. 

20.4.2 Alternative Fuels Containing Less than 50 ppmv PCB's 

(a) For consideration as an alternative fuel, a material must meet the following 

standards:

Heating Value 8,000 Btu/lb or greater

Halogens 0.1% by weight or less

Lead 100 ppm by weight or less

Sulfur 1.0% by weight or less

PCB 50 ppm by volume or less

Flashpoint 100oF minimum

Arsenic 5 ppm by volume or less

Cadmium 2 ppm by volume or less

Chromium 10 ppm by volume or less

(b) Any person seeking permission to burn alternative fuels must provide the 

Director with:

(1) A laboratory analysis of the material for the properties or 

constituents listed in Subsection 20.4.2 (a), heavy metals, flash 

point, viscosity, bottom solids and water, and ash, and any other 

hazardous components suspected of being in the material; and

(2) Identification of the process that generates the alternative fuel, the 

maximum feed rate of the alternative fuel and the maximum percent 

of the total fuel feed rate that is alternative fuel.

(c) Any facility permitted to burn alternative fuels must have a full- time 

operator in attendance who is knowledgeable in the operation of the fuel 

burning equipment used for burning the alternative fuels.
Page 3 of 10

20.5 Limitation on Air Contaminants

20.5.1 Any person burning alternative fuels must be in compliance with all applicable rules 

and regulations of the Division or subject to the requirements of an enforceable 

compliance schedule.

20.5.2 No person shall at any time cause or permit the emission of air contaminants from 

the burning of alternative fuels that will:

(a) cause or contribute to a violation of any state or national ambient air quality

standard; or

(b) by reason of their concentration or duration may be injurious to human, plant 

or animal life; or 

(c) unreasonably interfere with enjoyment of life or property or cause damage to 

property.

(d) cause an increase in ground level concentrations of a listed toxic air 

contaminant, at or beyond the property line of that facility, in excess of the 

Acceptable Ambient Levels, delineated in Air Pollution Control Regulation 

No. 22, entitled, "Air Toxics."

20.5.3 The Department may set standards for the properties of alternative fuels more 

stringent than those listed in Subsection 20.4.2 (a) as may be necessary to prevent 

air pollution where it is determined that an aerodynamic downwash problem exists 

at a source.

20.6 Sampling and Analysis of Alternative Fuels

20.6.1 To ensure that the alternative fuel meets the specifications of Section 20.4 of this 

regulation, the source approved to burn alternative fuels shall sample and analyze 

alternative fuels for the applicable standards, along with the flash point, viscosity, 

bottom solids and water, and ash content, according to a schedule approved by the 

Department. Appendix B of this regulation may be used as a guideline for 

developing an approvable schedule.

20.6.2 All analyses performed for the fulfillment of any requirements of this regulation 

shall be according to those methods specified in Appendix A of this regulation 

where applicable. Alternative methods may be used providing they have the prior 

approval of the Director. Where test methods are not specified, the analyst should 

consult with the Director on the methods proposed to be used.
Page 4 of 10

20.7 Trial Burns and Emission Testing

20.7.1 The Director may require a trial burn for each alternative fuel that is significantly

different in physical or chemical characteristics from any alternative fuel previously

demonstrated to have been burned successfully under equivalent conditions. Such 

testing shall be conducted to determine the level of emission of air contaminants 

from the burning of alternative fuels.

20.7.2 The above required emission testing shall be conducted at the expense of the owner 

or operator of the source according to methods that have the prior approval of the 

Director.

20.7.3 The above required emission testing shall include the following minimum 

determinations:

(a) An analysis of the exhaust gases for concentrations of carbon monoxide, 

carbon dioxide, oxygen, particulates, hydrogen halides (if applicable) and 

any principal hazardous components identified by the Director:

(b) A measurement of combustion temperature

(c) A computation of destruction efficiency for each principal hazardous 

component identified by the Director, where

in

in out

W

W W X

Destruction efficiency (  ) 100

Win = mass feed rate of principal hazardous components of 

alternative fuel going into fuel burning equipment

Wout = mass emissions rate of principal hazardous components 

in alternative fuel

20.8 Alternative Standards and Schedules

The Director may approve alternative standards to those listed in Subsection 20.4.2(a) of 

this regulation provided that the applicant can demonstrate to the Director's satisfaction that 

the emissions resulting from the burning of alternative fuels not meeting the requirements of 

Subsection 20.4.2 (a) either alone or in combination with other emissions, by reason of their 
Page 5 of 10

concentration and duration in the outdoor atmosphere, will not be injurious to human, plant 

or animal life or cause damage to property, or cause to contribute to a violation of the 

standards in Section 20.5.2 of the regulation.

20.9 Record Keeping

20.9.1 The owner or operator of a source burning alternative fuels shall maintain records 

for a period of three (3) years that include:

(a) The feed rate of alternative fuels;

(b) The total fuel feed rate;

(c) The date and hour deliveries or additions to the fuel storage tanks are made and the 

quantity;

(d) The date and hour samples required by Section 20.6 are taken;

(e) The time that burning of the alternative fuel commenced and ceased, or was 

interrupted, including the date and hour;

(f) The name and address of the supplier of the alternative fuel.

20.9.2 Sources or suppliers required to have analyses performed pursuant to Section 20.6 

of this regulation shall forward results of these analyses to the Office of Air 

Resources within ten (10) working days of required sampling.

20.9.3 Sources receiving exemptions under Section 20.10 may be required to maintain 

records of the alternative fuel burned at their facility. The nature of this record 

keeping shall be determined when approval is granted to burn the alternative fuel.

20.10 Exemptions

The provisions of this regulation, except for Subsection 20.9.3, insofar as they relate to air 

pollution, shall not apply to any person who blends alternative fuels with their primary

fossil fuel where the maximum amount of alternative fuel as a percent by volume of the 

primary fossil fuel is less than or equal to one. This exemption shall not apply to alternative 

fuels containing greater than 50 ppm PCB's nor does it exempt any person from compliance 

with the Department's Hazardous Waste Rules and Regulations. Exemptions under this 

section will be considered after a written request to the Department from the applicant that 

explains the nature of the alternative fuel that is requested to be burned.

20.11 Alternative Fuels Sellers
Page 6 of 10

Any person selling alternative fuels must retain for a period of three (3) years records of 

each sale, including gallons sold, the date of delivery and the person who receives the 

alternative fuel for burning, and shall make these records available to the Department for 

inspection upon request.

20.12 Compliance with Hazardous Waste Regulations

Compliance with this regulation does not relieve any person from compliance with the 

Department's Hazardous Waste Rules and Regulations.

20.13 General Provisions

20.13.1 Purpose

The purpose of this regulation is to specify the requirements for burning alternative fuels.

20.13.2 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

20.13.3 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.

20.13.4 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.

20.13.5 Effective Date

The foregoing regulation, "Burning of Alternative 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 7 of 10

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

APPENDIX A

WASTE OIL/SOLVENT BURNING REGULATION

RECOMMENDED TEST PROCEDURES

Heavy Metals

EPA test method SW-846, November 1986, 3rd edition "Test Methods for Evaluating Solid 

Waste, Physical/Chemical Methods."

Flash Point

ASTM Test Method D 93-77 "Flash Point by Pensky Martens Closed Tester."

Viscosity

ASTM Test Method D 445-74 "Kinematic Viscosity of Transparent and Opaque Liquids 

(and the Calculation of Dynamic Viscosity)" with the modification that for oils which give 

evidence (increased viscosity with time outside repeatability limits, low flash point) of 

contamination by volatiles; a notation should be in the test report that repeatability was not 

obtained and list the viscosity values in sequence.

Heating Value
Page 8 of 10

ASTM Test Method D 240-76 "Heat of Combustion of Hydrocarbon Fuels by Bomb 

Calorimeter" with the modification that the alternative fuel sample be vigorously agitated 

immediately prior to taking the test sample so that all particulate material be in complete 

suspension.

BS & W

ASTM Test Method D 95-70 "Water in Petroleum Products and Bituminous Materials by

Distillation" with the modification that the sample volume taken for analysis be reported.

ASTM Test Method D 473-69 "Sediment in Crude and Fuel Oils by Extraction" with the 

modification that a new refractory thimble be used for each determination. Note: Value 

should be reported either as a combined value for water and sediment on a weight basis or 

reported separately.

Ash

ASTM Test Method D 874-77 "Sulfated Ash from Lubricating Oils and Additives" with the 

modification that platinum crucibles should not be used.

Total Sulfur

ASTM Test Method D 1552 "Sulfur in Petroleum Products (High Temperature Method)."

Lead

ASTM Test Method D 2788-72 "Trace Metals in Gas Turbine Fuels (Atomic Absorption 

Method)" with the modification described in NBS Technical Note 1130 "Recycled Oil 

Program" Phase 1 - Test Procedures for Recycled Oil Used as a Burner Fuel."

Modified D 2788-72 Test Procedure

Prepare lead metallo-organic standard as described on NBS-SRM 1059b Certificate of 

Analysis; however, methyl isobutyl ketone (MIBK)is substituted for the light oil in the 

dissolution procedure.

Place sample in a vigorous paint shaker and agitate for 20 minutes. Transfer 1 g test 

portions to a tared 50 mL beaker. Re-weight beaker and transfer test portion of 100mL

volumetric flash using methyl isobutyl ketone (MIBK). Add 5 mL of a 1 percent 

succinimide dispersing agent and dilute to calibrated volume with MIBK. Just prior to the 

sampling of the test portion for the standard addition, place the volumetric flask in an 

ultrasonic bath and agitate the sample for 10 minutes. Then transfer immediately four 

aliquots of the test portion to volumetric flasks. (Note: the optimum concentration of lead 
Page 9 of 10

for flame AAS is 5 to 10 ug/mL. If the final lead concentration including the standard 

addition exceeds 20 ug/mL, a non-linear curve is obtained which has a tendency to produce 

high analytical values.) With a volumetric pipet, transfer known concentrations of the lead 

metallo-organic standard solution to three of the volumetric flasks and dilute to a calibrated 

volume with MIBK.

Turn on the AAS instrument and insert a lead hollow cathode lamp. Adjust the lamp 

current to the recommended value and set the wave length to 283.3 nm using a spectral 

bandpass of 0.7 nm. Allow the hollow cathode lamp to warm up for 15 minutes. Insert a 

10 cm single slot burner head on the burner. Turn on the air-acetylene flame and adjust the 

nebulizer to a flow rate of 2 to 3 mL/min. Then while nebulizing MIBK, adjust the 

acetylene flow rate to obtain a lean flame. Nebulize the unknown solutions and obtain a net 

absorbance for each solution. Always nebulize MIBK before and after taking a 

measurement. Repeat the measurements three times and then determine the concentration 

in the unknown sample by extrapolation.

Halogens

ASTM Test Method D 808-63 "Chlorine in New and Used Petroleum Products (Bomb 

Method)."

ASTM Test Method D 1317-64 "Chlorine in New and Used Lubricants (Sodium Alcoholate 

Method)."

Nitrogen

ASTM Test Method E 258-67 "Standard Test Method for Total Nitrogen Inorganic Material 

by Modified KJELDAHL Method."
Page 10 of 10

APPENDIX B

GUIDELINES FOR APPROVABLE SAMPLING AND ANALYSIS SCHEDULES

Sampling

A source approved to burn alternative fuels may take a sample for analysis after each 

addition of alternative fuel to the fuel storage tank. Said sample should be taken from the 

fuel line between the feed pump and the burner at least six hours after the addition but no 

later than 18 hours.

or

The source can sample the material prior to its addition to the storage tank.

Analysis

Samples taken may be blended into a composite sample and analyzed for the following 

parameters according to the schedule listed below.

Burning rate (Gallons/Weeks)

0-2,000 2-6,000 6-15,000 15,000+

Heating Value Semiannually Quarterly Monthly Biweekly

Flash Point Semiannually Quarterly Monthly Biweekly

Viscosity Quarterly Monthly Biweekly Weekly

Halogen Quarterly Monthly Biweekly Weekly

BS & Ws Quarterly Monthly Biweekly Weekly

Lead Quarterly Monthly Biweekly Weekly

PCB's Quarterly Monthly Biweekly Weekly

Sulfur Semiannually Quarterly Monthly Biweekly

Ash Quarterly Monthly Biweekly Weekly

Arsenic Quarterly Monthly Biweekly Weekly

Cadmium Quarterly Monthly Biweekly Weekly

Chromium Quarterly Monthly Biweekly Weekly