COLUSA COUNTY AIR POLLUTION CONTROL DISTRICT

REGULATION II - PROHIBITIONS

RULE 2.33 - CUTBACK AND EMULSIFIED ASPHALT
(Adopted 12/7/93) (Amended 7/29/97)

a. GENERAL

  1. PURPOSE

    To limit emissions of volatile organic compounds (VOC's) from the use, manufacture, or sale of cutback and emulsified asphalt in paving, construction, or maintenance of parking lots, driveways, streets and highways.

  2. EXEMPTIONS

    The provisions of this rule shall not apply to the use of:

    A. Cutback emulsified asphalt sold in the Sacramento Valley Air Basin (Basin) for shipment and use outside of the Basin, if cutback and emulsified asphalt is approved for use by the receiving District.

    B. Medium-cure cutback asphalt for road patching work.

    C. Medium-cure cutback asphalt when the National Weather Service forecasts that the atmospheric temperature for the 24-hour period following application will not exceed 50oF (10oC).

    D. Medium-cure cutback asphalt at any elevation in the District from November 1st to May 1st each calendar year.

    E. Medium-cure cutback asphalt above 1,000 feet in elevation year-round.

    F. Medium-cure cutback asphalt for emergency road maintenance at any elevation in the District year-round.

b. DEFINITIONS

For the purpose of this rule, the following definitions shall apply:

  1. ASPHALT

    Means a brownish-black cementitious material (solid, semi-solid, or liquid mixture) of which the main constituents are bitumens that occur naturally or are obtained by distillation from coal or petroleum.

  2. CUTBACK ASPHALT

    Means paving-grade asphalt liquified with petroleum distillate and as further defined by the American Society for Testing and Materials (ASTM) specifications as follows:

    Rapid-Cure Type:........................ASTM D2028

    Medium-Cure Type:.....................ASTM D2027

    Slow-Cure Type:.........................ASTM D2026

  3. EMULSIFIED ASPHALT

    Rapid-, medium-, or slow-setting grade as described under Section 94 of the January 1981 State of California Department of Transportation Standard Specifications.

  4. EMERGENCY ROAD MAINTENANCE

    Road maintenance activities required for traffic safety considerations requiring immediate response and of a nature that the maintenance cannot be rescheduled.

  5. VOLATILE ORGANIC COMPOUNDS (VOCs)

    Any compound containing at least one atom of carbon, except methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate, 1,1,1-trichloroethane, methylene chloride, trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC 12), chlorodifluoromethane (HCFC-22), trifluoromethane (HFC-23), 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113), 1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC-114), chloropentafluoroethane (CFC-115), 2,2-dichloro-1,1,1-trifluoroethane (HCFC-123), 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124), pentafluoroethane (HFC-125), 1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1,2-tetrafluoroethane (HFC-134a), 1,1-dichloro-1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane (HCFC-142b), 1,1,1-trifluoroethane (HFC-143a), 1,1-difluoroethane (HFC-152a), and the following four classes of perfluorocarbon (PFC) compounds:

    A. cyclic, branched, or linear, completely fluorinated alkanes;

    B. cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

    C. cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

    D. saturated perfluorocarbons containing sulfur with sulfur bonds only to carbon and fluorine.

    Prfluorocarbon compounds will be assumed to be absent from a product or process unless a manufacturer or facility operator identifies:

    A. the specific individual compounds (from the broad classes of perfluorocarbon compounds), and

    B. the amounts present in the product or process, and

    C. provides a validated test method that can be used to quantify the specific compounds.

c. REQUIREMENTS

  1. CUTBACK ASPHALT

    A person shall not manufacture, sell, offer for sale, use, or apply for paving, construction, or maintenance of parking lots, driveways, streets or highways any:

    A. Rapid- or medium-cure cutback asphalt, or

    B. Slow-cure cutback asphalt material that contains more than 0.5 percent by volume VOCs that evaporate at 500oF (260oC) or less.

  2. EMULSIFIED ASPHALT

    A person shall not manufacture, sell, offer for sale, use, or apply for paving, construction, or maintenance of parking lots, driveways, streets, or highways any emulsified asphalt material that contains more than 3.0 percent by volume VOCs that evaporate at 500oF (260oC) or less.

d. TEST METHODS

  1. Measurement of VOC content in cutback asphalt pursuant to Subsection c.1. of this rule shall be conducted and reported in accordance with ASTM Test Method D 402-76.
  2. Measurement of VOC content in emulsified asphalts pursuant to Subsection c.2. of this rule shall be conducted and reported in accordance with ASTM Test Method D 244-89.
  3. Measurement of exempt compound content (compounds not included in the VOC definition) in cutback and emulsified asphalts pursuant to Subsections c.1. and c.2. of this rule shall be conducted and reported in accordance with ASTM Method D4457-85.

e. RECORD-KEEPING

Any person who manufactures, sells, offers for sale, uses, or applies any asphalt material subject to this rule shall maintain a current record of all asphalt materials in use and Material Safety Data Sheets (MSDSs) or manufacturer specifications for each asphalt material containing sufficient information to readily determine compliance with Section c. of this rule, as applicable. These records shall be kept on site for at least three (3) years and be made available to the District upon request.