(Adopted August 4, 1978)

A person shall not operate an asphalt pavement surface heater or an asphalt heater-remixer for the purpose of maintaining, reconditioning, reconstructing or removing asphalt pavement unless all of the following requirements are met:

(a) Black or gray smoke emissions of more than 60 consecutive seconds duration shall not be discharged to the atmosphere and in aggregate, black or gray smoke emissions shall not exceed a total of three minutes in any one hour of heater operation. For the purpose of this rule, black or gray smoke is to be viewed by an observer at the point of greatest opacity.

(b) Visible emissions of more than 40 percent opacity, other than black or gray smoke, shall not be discharged to the atmosphere for a period or periods totaling more than 3 minutes in any one hour. For the purpose of this rule, visible emissions are to be viewed by an observer at a point no lower than 36 inches above the pavement.

(c) All units of equipment are fired with gaseous fuels that do not contain in excess of 80 ppm by volume of sulfur compounds calculated as H2S, or with diesel fuels that do not contain more sulfur than specified by the California Air Resources Board.

(d) Grease, crack pouring materials or oily substances that burn or produce smoke are removed by mechanical grinding, by cold planing or other mechanical means prior to the use of the heating equipment on the contaminated area.

(e) Asphalt pavement at the work site is cleared of paper, wood, vegetation and other combustible refuse prior to operation of the heating equipment.

(f) The Executive Officer is notified of an operation using pavement heaters within 10 days after a contract is signed authorizing such work and again at least 24 hours before an operation starts. Each notification shall describe the location, estimated starting time and an estimate of the time to complete the work.

(g) The equipment is operated only during days on which open burning is allowed. However, an operation that begins on a day when open burning is allowed, may be continued on successive days whether open burning is allowed or not allowed. Information concerning whether a proposed operating day meets the criteria specified in this subparagraph (g) may be obtained from the Executive Officer or his authorized representative.