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 21 October 1971 

Last Amended 24 June 2014 

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 1 

8.3 Exemptions 2 

8.4 Determination of Compliance 2 

8.5 Recordkeeping 3 

8.6 Blending of Fuel Oils 3 

8.7 Fuel Supply Shortages 4 

8.8 General Provisions 4 
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 defmed in this section, the terms used in this regulation shall be 

defmed 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 "Fuel oil terminal" means a fuel oil storage and distribution facility that is 

supplied by pipeline or waterborne vessel, and from which fuel oil may be 

distributed at a loading rack into a truck, trailer, or railroad car. Fuel oil terminals 

may be supplied by additional means such as tank trucks or railroad cars. 

8.2 General Limitations 

8.2.1 Unless the Director determines, pursuant to subsection 8.7, that a shortage of fuel oil 

meeting the requirements of this regulation exists, no person shall store for sale, offer 

for sale, sell or deliver for use in Rhode Island and no person shall use any fuel oil 

having a sulfur content in excess of that in Table 1 except as provided in Section 8.6. 

Table 1 

Fuel Type Percent by weight Effective date(s) 

Distillate Oil, 

Biodiesel or 

Alternative Fuel 

0.5% (5000 ppm) Current requirement 

Distillate Oil, 

Biodiesel or 

Alternative Fuel 

0.05% (500 ppm) July 1, 2014 through June 30, 2018 

Distillate Oil, 

Biodiesel or 

Alternative Fuel 

0.0015% (15 ppm) On and after July 1, 2018 

Residual Oil 1.0% Current requirement 

Residual Oil 0.5% On and after July 1, 2018 

Page 1 of 5 
8.2.2 No person shall store for sale, offer for sale, sell or deliver for use in Rhode Island 

and no person shall use any solid fossil fuel containing more than 0.55 pounds of 

sulfur per million Btu heat release potential. 

8.3 Exemptions 

8.3.1 Limitations with Stack Gas Cleaning Process 

The Director may approve the use of fuels that do not meet the requirements of 

Section 8.2 when combined with an approved stack gas cleaning process, provided 

the sulfur compound emissions (expressed as sulfur dioxide) from the stack are no 

greater than if the applicable sulfur content fuel were used. 

8.3.2 Fuel oil stored in Rhode Island that met the applicable requirements of subsection 

8.2.1 at the time the fuel oil was received for storage in Rhode Island may be stored 

for sale, offered for sale, sold or delivered for use or used after the effective date in 

subsection 8.2.1. 

8.3.3 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; or 

(b) The owner or operator of a stationary source using fuel oil shall obtain a 

certification from the fuel supplier which contains: 

(1) the name of the supplier and the date the fuel oil was received from 

the supplier; and, 

(2) the sulfur content of the fuel oil and the ASTM method used to 

determine the sulfur content of the fuel oil; and, 

(3) the date and location of the fuel oil when the sample was drawn for 

analysis to deteimine the sulfur content of the fuel oil , specifically 

including where the fuel oil was sampled; or 

(c) Laboratory analysis of fuel oils by the owner or operator of the stationary 

source or by the supplier. Sampling and analysis shall be conducted after 

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each new shipment of fuel oil is received by the source. Samples shall be 

collected from the fuel tank immediately after the fuel tank is filled and 

before any fuel oil is combusted. All fuel oil must be sampled and analyzed 

in accordance with applicable ASTM methods or another method which has 

the prior approval of or are required by the Director; or 

(d) A continuous monitoring system for the measurement of sulfur dioxide 

that meets the performance specifications in Appendix B of 40 CFR 60. 

The monitoring equipment shall also be installed, calibrated, operated, and 

maintained in accordance with the procedures in Appendix B of 40 CFR 

60 and the minimum specifications in Appendix P of 40 CFR 51. 

8.4.2 Fuel Oil Terminals 

The owner or operator of a fuel oil terminal shall determine the sulfur content of any 

fuel oil sold that is subject to the sulfur content limitations in Table 1 of this 

regulation and provide certification of the sulfur content of the fuel oil to each 

purchaser of the fuel. Certifications shall meet the requirements of subsection 

8.4.1(b)(1)-(3). All fuel oil must be sampled and analyzed in accordance with 

applicable ASTM methods or another method which has the prior approval of or are 

required by the Director. 

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. 

8.5 Recordkeeping 

8.5.1 Copies of all fuel supplier certifications or fuel oil analyses shall be maintained by 

the owner or operator and be made accessible for review by the Office of Air 

Resources or its authorized representative and USEPA. 

8.5.2 All records required by this regulation shall be maintained for a minimum of five 

years after the date of each record and shall be made available to representatives 

of the Office of Air Resources upon request. 

8.6 Blending of Fuel Oils 

8.6.1 A fuel oil terminal may receive and store, but not offer for sale, sell or deliver for 

use in Rhode Island, fuel oil that does not meet the sulfur content limitations in 

Table 1 of this regulation, if it meets the following conditions: 

(a) The higher sulfur fuel will be blended with lower sulfur fuel to meet the 

Page 3 of 5 
sulfur content limitations in Table 1 of this regulation; and, 

(b) Notifies the Director, in writing, of its intention to store and blend fuel oil 

that does not meet the sulfur content limitations in Table 1 of this 

regulation prior to the initial receipt and storage thereof; and 

8.6.2 Nothing herein shall relieve a fuel oil terminal from compliance with the 

requirements of subsection 8.4.2 of this regulation. 

8.6.3 Nothing herein shall prohibit a fuel oil terminal from receiving and storing fuel 

oil in the state of Rhode Island for shipment, sale and use outside of the state of 

Rhode Island. 

8.7 Blending of Fuel Oils 

8.7.1 The Director may, upon application, defer compliance with subsection 8.2.1 of 

this regulation where compliance is not possible because of breakdowns or 

malfunction of equipment, acts of God, other unavoidable casualties or for good 

cause shown; provided that the order shall not defer compliance for more than 

three (3) months. 

8.7.2 The Director shall notify the Administrator within five (5) business days after 

issuing an order deferring compliance with subsection 8.2.1. 

8.8 General Provisions 

8.8.1 Purpose 

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

8.8.2 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 

8.8.3 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. 

8.8.4 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 

Page 4 of 5 
the remainder of the regulation shall not be affected thereby. 

8.8.5 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 4th day of June, 2014 

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. 

Janet Coit, Director 

Department of Environmental Management 

Notice Given on: March 14, 2014 

Public Hearing held: April 11, 2014 

Filing Date: June 4, 2014 

Effective Date: June 24, 2014 

I 

Page 5 of 5 
State of Rhode Island and Providence Plantations 

A. Ralph MoIlls 

SecrtUtl: 411 SUtv 

tg B 1 . Amendment 0B2. Adoption 

Final Rules 

B3. Repeal 

Expires ERLID: 

Dc. Technical Revision 

RECEIVED 

JUN 0 4 2014 

RI SECRETARY OF STATE 

ADMINISTRATIVE RECORDS 

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Date of Public Notice - §42-35-3(a)(1):03/14/2014 

Date of Public Hearing - §42-35-3(a)(2):04/11/2014 

End of Comment Period:04/14/2014 

7. Aeencv Additional Information - Web Paee 

4.• 

Rules and Regulations Filing Form 

J. Aeencv Name and Address 

Environmental Management, Department of, Air Resources 

235 Promenade Street 

;. Title of Rule 

Air Pollution Control Regulation No. 8 - Sulfur Content of Fuels 

Statutory Source of Authority 

RIGL 42--17.1 -2(s) and 23 -23 

4. Concise Exolanatorv Statement - 442-35-2.3 

These amendments would lower the allowable limits on the sulfur content of petroleum-based distillate and residual fuel oils and remove some outdated 

provisions of the regulation. The regulation was revised in response to public comment to address fuel supply shortages (new subsection 8.7), determining 

compliance with the regulation (revisions to subsection 8.4), blending of fuel oils (new subsection 8.6) and sell-through provisions (revisions to subsection 

8.3.2). 

5.Tyne of Filine 

8. Certification 

I hereby certify that the attached rules and regulations were ads in accordance with th 

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54 ct (42-3 and that they are true 

Notary Pub 

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ERLID#: 7711 

ERLID#: 7711 

Name 

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Title 

Al. Emergency 120-day initial - §42-35-3(b) 

Adoption 

Amendment of ERLID: 

Repeal of ERLID: 

Emergency Rules 

A2. Emergency 90-day renewal - §42-35-3(b) 

Adoption 

Amendment 

Indicate ERLID of 120-day initial: 

Brief Statement of Reason for Finding Imminent Peril §42-35-3(b)(2): 

Supersedes ERLID: 4503 Repeals ERLID: 

If B1 or C, please indicate new, amended, deleted, or revised sections: 

Changes throughout.