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 Defmitions 

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 determine 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 

Page 2 of 5 
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 detennining 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 

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

Page 3 of 5 
(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 Fuel Supply Shortages 

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 constmed 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 

the remainder of the regulation shall not be affected thereby. 

Page 4 of 5 
8.8.5 Effective Date 

The foregoing regulation, "Sulfur Content of Fuels", as amended, is hereby 

adopted and filed with the Secretary of State this 12th day of February, 2015, in 

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

Gener 1 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 

Page 5 of 5 
Al. Emergency 120-day initial - §42-35-3(b) 

D Adoption 

0 Amendment of ERLID: 

". 0I Repeal of ERLID: 

Emergency Rules 

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

D Adoption 

0 Amendment 

Indicate ERLID of 120-day initial: 

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

O Bl. Amendment 0 B2. Adoption 

Supersedes ERLID: 7711 Repeals ERLID: 

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

Section 8.7 

Final Rules 

B3. Repeal 

Expires ERLID: 

Dc. Technical Revision 

..0% 

4 1111 

Title 

True Copy Attest 

ed in accordance with the AdrninistraXve Procedures Act (42-35) and that they are true 

A kiki A. 

Notar blic 

Subscribe nd sworn before m 

this II day of 

410 

State of Rhode Island and Providence Plantations 

Department of State I Office of the Secretary of State 

Nellie M. Gorbea, Secretary of State 

ERLID#: 8030 

Rules and Regulations Filing Form 

1. Agency 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 

3. Statutory Source of Authority 

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

4. Concise Explanatory Statement - §42-35-2.3 

Technical revisions to correct the title of a section. 

5. Tyne of FilMe 

6. Notice and Hearine Information 

Date of Public Notice - §42-35-3(a)(1):Notice Not Required 

Date of Public Hearing - §42-35-3(a)(2):Hearing Not Required 

End of Comment Period: 

7. Aeency Additional Information - Web Paee 

8. Certification 

I hereby certify that the attached rules and regulations were 

co this 11 I 0 rt st, 

ERLID#: 8030 

Secretary of State