(Adopted 2/10/81; revised 9/14/99)

A. Applicability
The provisions of this Rule shall apply to the manufacture, mixing, storage, use and application of cutback and Emulsified Asphalt for paving materials.

B. Requirements

B.1 A Person shall not manufacture, sell, offer for sale, or use for paving, road Construction, or road maintenance any of the following:

B.1.a Rapid cure Cutback Asphalt.

B.1.b Medium cure Cutback Asphalt.

B.1.c Slow cure Cutback Asphalt containing more than 0.5 percent by volume of ROC which evaporates at 260 C (500 F) as determined by ASTM Method D402-76.

B.1.d Emulsified Asphalt containing petroleum solvents in excess of 3 percent by volume.

B.2 The requirements of Section B.1.b shall not apply:

B.2.a during the months of November, December, January, and February, or

B.2.b where the medium cure Cutback Asphalt is to be used solely as a penetrating prime coat for bond between an aggregate base and new surfacing or as a Tack Coat for bond between an existing surface and a new surface, or

B.2.c to the manufacture of Asphalt for long-period storage or stockpiling of patching mixes used in pavement maintenance but not for general paving.

C. Recordkeeping

C.1 Any Person who manufactures Cutback Asphalt shall maintain records showing the types and amounts of Asphalt that were produced and the destination of these products.

C.2 Any Person who uses Cutback Asphalt shall maintain monthly records showing the types and amounts used.

C.3 All records shall be maintained for a period of two years and shall be made available to the Air Pollution Control District upon request.

D. Test Methods

D.1 The total distillate content of Cutback Asphalt shall be determined in accordance with ASTM Method D402, "Distillation of Cutback Asphaltic (Bituminous) Products."

D.2 The petroleum solvent content of Emulsified Asphalt shall be determined in accordance with ASTM Method D244-88, "Emulsified Asphalt."