GLEAPCD RULE 99 CUTBACK AND EMULSIFIED ASPHALT          
LAST REVISED 11/11/11
          
          
          Sec 99.1.  CUTBACK AND EMULSIFIED ASPHALT.

                     A.  GENERAL

                         1.  PURPOSE.  To limit emissions of volatile
                             organic compounds (VOCs) from the use 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 and 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.  The use of medium cure cutback asphalt as 
                                 a penetrating prime coat until such time as 
                                 the Air Pollution Control Officer 
                                 determines that a suitable substitute 
                                 material is available.

                             c.  Medium-cure cutback asphalt for road
                                 patching work when used by a city or county 
                                 public works agency until such time as the 
                                 Air Pollution Control Officer determines
                                 that a suitable substitute material is 
                                 available.

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

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

                         1.  Asphalt.  A brownish-black cementious 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.  Paving-grade asphalt 
                             liquefied 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.  Dust Palliative.  Any light application of
                             liquefied asphalt (cutback or emulsified 
                             asphalt) for the purpose of controlling loose 
                             dust.

                         4.  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.

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

                         6.  Penetrating Prime Coat.  Any application to an
                             absorptive surface to penetrate that surface, 
                             to bind the aggregate, and/or promote adhesion 
                             to new construction.  Dust palliatives or tack 
                             coats shall not be included in this definition.

                         7.  Road Oils.  These shall be synonymous with
                             slow-cure asphalt.

                         8.  Tack Coat.  Any application of asphalt to an
                             existing surface to provide a bond between new 
                             surfacing and existing surface and to eliminate 
                             slippage places where the new and existing 
                             surfaces meet.

                         9.  Volatile Organic Compounds.  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), dichlorofluoromethane (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
                                 flourinated tertiary amines wtih no 
                                 unsaturations; and

                             d.  Saturated perfluorocarbons containing 
                                 sulfur with sulfur bonds only to carbon and 
                                 fluorine.

                                 Perfluorocarbon 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 the 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 
                                 VOC's that evaporate at 500 F (260 C) or 
                                 less.

                         2.  Emulsified Asphalt.  A person shall not
                             manufacture, sell, offer for sale, use, apply 
                             for paving, driveways, streets, or highways any 
                             asphalt material that contains more than 
                             3.0 percent by volume VOC's that evaporate at
                             500 F (260 C) or less.

                     D.  TEST METHODS.

                         1.  Measurement of VOC content in content in 
                             cutback asphalts pursuant to Part 3.1 of this 
                             rule shall be conducted and reported in 
                             accordance with ASTM Test Method D402-76.

                         2.  Measurement of VOC content in emulsified
                             asphalts pursuant to Part 3.2 of this rule 
                             shall be conducted and reported in accordance 
                             with ASTM Test Method D244-89.


                         3.  Measurement of exempt compound content in
                             cutback and emulsified asphalts pursuant to 
                             Subsections 3.1 and 3.2 of this rule shall be 
                             conducted and reported in accordance with ASTM 
                             Method D4457-85.

                     E.  RECORDKEEPING.  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 Part 3 of this rule, as applicable.  
                         These records shall be kept on site for at 
                         three (3) years and be made available to the 
                         district upon request.

          Sec 99.2.  Fireplace and Solid Fuel Heating Device Usage.

                     A.  Definitions:

                         1.  EPA-certified wood heating device means any 
                             wood or other solid-fuel-burning appliance 
                             utilized for space or water heating or cooking 
                             that meets the performance and emission
                             standards as set forth in Part 60, Title 40, 
                             Subpart AAA Code of Federal Regulations, 
                             Feb. 26, 1988.

                             a.  Phase I appliances must meet the emission
                                 requirements of no more than 5.5 grams per 
                                 hour particulate-matter emission for 
                                 catalytic and 8.5 grams per hour for 
                                 noncatalytic appliances.

                             b.  Phase II emission requirements are 4.1 and
                                 7.5 grams per hour, respectively.

                         2.  Fireplace means any permanently installed
                             masonry or factory built device designed to be 
                             used with an air-to-fuel ratio greater than or 
                             equal to 35-to-1.  Fireplaces installed with a 
                             dedicated natural gas connection as decorative
                             units under the Uniform Building Code 
                             Section 3707 (n) are exempt from the 
                             requirements of this Rule.

                         3.  Garbage means all solid, semi-solid, and liquid
                             wastes generated from residential, commercial, 
                             and industrial sources.  This definition 
                             excludes paper and cardboard, but includes 
                             trash, refuse, rubbish, industrial wastes, 
                             asphaltic products, manure, vegetable or animal 
                             solid and semi-solid wastes.

                         4.  Pellet-Fueled Wood Heater means any wood heater
                             that operates on pellet wood and is either EPA 
                             certified or is exempted under EPA requirements 
                             as set forth in Part 60, Title 40, Subpart AAA 
                             of Federal Regulations, 2-26-88.

                         5.  Wood-Heating Device means any enclosed
                             wood-burning appliance capable of and intended 
                             for space heating or domestic water heating.  
                             This term does not include fireplaces.

                     B.  Requirements.

                         1.  All wood-heating devices used for the first 
                             time in existing buildings and those used in 
                             all new residential and commercial building 
                             projects constructed after the date of adoption 
                             of this rule within the boundaries of the 
                             District shall be EPA-certified or certified 
                             and labeled in a permanent and accessible 
                             manner as set forth in Part 60, Title 40, 
                             Subpart AAA Code of Federal Regulations, 
                             February 26, 1988.

                         2.  No person shall cause or allow any of the
                             following materials to be burned in a fireplace 
                             or wood-heating device:  garbage, chemically 
                             treated wood, plastic products, rubber products, 
                             waste petroleum products, paints and paint
                             solvents, or coal.

                         3.  No person shall sell, offer for sale, supply,
                             install, or transfer a used wood heating device 
                             unless:

                             a.  It is certified by the EPA, or Oregon
                                 Department of Environmental Quality, or 
                                 other agencies acceptable to the APCO, or

                             b.  It is a pellet-fueled wood heater, or

                             c.  It has been rendered permanently 
                                 inoperable.

                         4.  The Air Pollution Control Officer (APCO) shall
                             issue an advisory through local communications 
                             media to voluntarily curtail the use of 
                             uncertified solid fuel appliances whenever 
                             weather conditions are projected to cause 
                             ambient air quality concentrations of inhalable 
                             particulate matter (PM10) that exceed 
                             60 micrograms per cubic meter.

                         5.  After July 1, 1995, all fireplaces used in new
                             construction projects within the boundaries of 
                             Glenn County shall conform to a maximum 
                             emission limit of 7.5 grams per hour by either:

                             a.  being initially and permanently equipped
                                 with an insert device which is 
                                 EPA-certified to meet the above standard, 
                                 or

                             b.  being certified and labeled in a permanent
                                 and accessible manner to meet the above 
                                 emission limit by an EPA accredited 
                                 laboratory, or other agencies acceptable to 
                                 the APCO.

                     C.  Enforcement.

                         1.  Noncompliance with any part of this Rule shall
                             be considered to be a violation of a District 
                             regulation and subject the violator to a civil 
                             penalty of up to one thousand dollars ($1,000) 
                             per day in which a violation occurs (Health and
                             Safety Code Section 42402).

                         2.  Any person who negligently emits an air
                             contaminant in violation of this Rule's 
                             limitations concerning prohibited materials to 
                             be burned shall be liable for a civil penalty 
                             of up to ten thousand dollars ($10,000) per day 
                             in which a violation occurs (Health and Safety 
                             Code Section 42402.1).

                     D.  Effective Date.

                         1.  This Rule shall become effective upon the date
                             of adoption by the Air Pollution Control Board 
                             of Glenn County.