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

  TOC \o "1-3" \h \z \u    HYPERLINK \l "_Toc169577477"  20.1
Definitions	  PAGEREF _Toc169577477 \h  1  

  HYPERLINK \l "_Toc169577478"  20.2	Applicability	  PAGEREF
_Toc169577478 \h  1  

  HYPERLINK \l "_Toc169577479"  20.3	Prohibitions	  PAGEREF
_Toc169577479 \h  1  

  HYPERLINK \l "_Toc169577480"  20.4	Approval to Burn Alternative Fuels	
 PAGEREF _Toc169577480 \h  2  

  HYPERLINK \l "_Toc169577481"  20.5	Limitation on Air Contaminants	 
PAGEREF _Toc169577481 \h  2  

  HYPERLINK \l "_Toc169577482"  20.6	Sampling and Analysis of
Alternative Fuels	  PAGEREF _Toc169577482 \h  3  

  HYPERLINK \l "_Toc169577483"  20.7	Trial Burns and Emission Testing	 
PAGEREF _Toc169577483 \h  3  

  HYPERLINK \l "_Toc169577484"  20.8	Alternative Standards and Schedules
  PAGEREF _Toc169577484 \h  4  

  HYPERLINK \l "_Toc169577485"  20.9	Record Keeping	  PAGEREF
_Toc169577485 \h  4  

  HYPERLINK \l "_Toc169577486"  20.10	Exemptions	  PAGEREF _Toc169577486
\h  5  

  HYPERLINK \l "_Toc169577487"  20.11	Alternative Fuels Sellers	 
PAGEREF _Toc169577487 \h  5  

  HYPERLINK \l "_Toc169577488"  20.12	Compliance with Hazardous Waste
Regulations	  PAGEREF _Toc169577488 \h  5  

  HYPERLINK \l "_Toc169577489"  20.13	General Provisions	  PAGEREF
_Toc169577489 \h  5  

	  HYPERLINK \l "_Toc169577490"  APPENDIX A	  PAGEREF _Toc169577490 \h 
8  

	  HYPERLINK \l "_Toc169577491"  APPENDIX B	  PAGEREF _Toc169577491 \h 
11  

 

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

	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.

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.

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

 

	

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 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

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.

General Provisions

Purpose

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

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

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.

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.

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.

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

	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 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."

	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



 

 

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