KERAPCD RULE 410.5 CUTBACK, SLOW CURE, & EMULSIFI. ASPHALT          
LAST REVISED 05/06/91
          
          
          RULE 410.5 Cutback, Slow Cure, and Emulsified Asphalt, Paving
                     and Maintenance Operations - Adopted 6/26/79,
                     Renumbered 5/89, Amended 5/6/91

          I.    Applicability

                This Rule applies to the manufacture and use of cutback
                asphalt, slow cure asphalt and emulsified asphalt for
                paving and maintenance operations.

          II.   Definitions

                A.  Asphalt:  a dark-brown to black refined liquid or solid
                    cementious material of which the main constituents are
                    bitumens suitable for use in the manufacture of paving
                    materials or dust palliatives.

                B.  Cutback Asphalt:  paving grade asphalt liquified with
                    petroleum distillate and conforming to specification of
                    the American Society for Testing & Materials (ASTM) as
                    following:

                    Rapid cure type:     ASTM D2028-76  (Reapproved 1981)
                    Medium cure type:    ASTM D2027-76  (Reapproved 1981)

                C.  Dust Palliative:  any light application of cutback
                    asphalt, slow cure asphalt or emulsified asphalt for 
                    the express purpose of controlling loose dust.

                D.  Emulsified Asphalt:  any asphalt liquified with water
                    containing an emulsifier.  The two kinds of emulsions
                    most pertinent are the anionic and cationic types.

                E.  Organic Compound:  any compound which contains VOC's.

                F.  Paving and Maintenance Operations:  all activities
                    involved in the new construction and maintenance of
                    roadways and parking areas.

                G.  Penetrating Prime Coat:  means any application of
                    asphalt to an adsorptive surface to penetrate and bind
                    the aggregate surface and promote adhesion between it
                    and the new superimposed construction.  Prime coats do
                    not include dust palliative or tack coats.

                H.  Road Oils:  shall be synonymous with slow cure asphalt.

                I.  San Joaquin Valley Air Basin:  is all of San Joaquin,
                    Stanislaus, Merced, Madera, Fresno Counties and the
                    San Joaquin Valley Portion of Kern County.

                J.  Slow Cure Asphalt:  paving grade asphalt conforming 
                    to specification of the American Society for Testing &
                    Materials (ASTM) D2026-72 (Reapproved 1979).

                K.  Tack Coat:  any application of asphalt applied to an
                    existing surface to provide a bond between new surfacing
                    and existing surface and to eliminate slippage planes,
                    where the new and existing surfaces meet.

                L.  Volatile Organic Compound (VOC):  any compound
                    containing at least one atom of carbon except for the
                    following exempt compounds:

                           Methane,
                           Carbon Monoxide,
                           Carbon Dioxide,
                           Carbonic Acid,
                           Metallic Carbides or Carbonates,
                           Ammonium Carbonates,
                           Methylene Chloride,
                           Methyl Chloroform (1,1,1-trichloroethane),
                           CFC-113 (trichlorotrifluoroethane),
                           CFC-11 (trichlorofluoromethane),
                           CFC-12 (dichlorodifluoromethane),
                           CFC-22 (chlorodifluoromethane),
                           FC-23 (trifluoromethane),
                           CFC-114 (dichlorotetrafluoroethane),
                           CFC-115 (chloropentafluoroethane),
                           HCFC-123 (dichlorotrifluoroethane),
                           HFC-134a (tetrafluoroethane),
                           HCFC-141b (dichlorofluoroethane), and
                           HCFC-142b (chlorodifluoroethane).

          III.  Exemptions

                A.  The requirements of Section IV. shall not apply to the
                    manufacture of cutback asphalt or emulsified asphalt 
                    in the manufacturing of paving materials where such
                    materials are for shipment and use outside of Kern
                    County and the San Joaquin Valley Air Basin.

                B.  The requirements of Subsection IV.A.2 shall not apply 
                    to the use of medium cure asphalt where the National
                    Weather Service official forecast of the high
                    temperature for the 24-hour period following 
                    application is below 50F (10C).

          IV.   Requirements

                A.  A person shall not manufacture for sale nor use any 
                    of the following for penetrating prime coat, tack coat,
                    dust palliative, or other paving and maintenance
                    operations:

                    1.  Rapid cure cutback asphalt;
 
                    2.  Medium cure cutback asphalt;

                    3.  Slow cure asphalt which as produced for application,
                        contains more than 0.5 percent of organic compounds
                        which evaporate at 500F (260C) or lower.

                    4.  Emulsified asphalt containing organic compounds, 
                        in excess of 3 percent by volume, which evaporate 
                        at 500F (260C) or lower.

          V.    Administrative Requirements

                A.  Record Keeping

                    1.  The manufacturer of cutback, slow cure or emulsified
                        asphalt for dust palliative, or any other road
                        paving and maintenance operations shall maintain
                         records showing the types and amounts of cutback
                        asphalt slow cure asphalt and emulsified asphalt
                        which contain organic compounds produced and the
                        destination of these products.

                    2.  The users of cutback slow cure or emulsified 
                        asphalt for penetrating prime coat, tack coat, 
                        dust palliative, or other paving and maintenance
                        operations shall maintain records showing the 
                        types, amounts received, and amounts used.

                    3.  Such records shall be maintained daily and retained
                        and available for inspection by the Control Officer
                        for the previous 24 month period.

                B.  Test Methods

                    1.  Analysis of Cutback Asphalt samples for VOC 
                        content shall be in accordance with ASTM 
                        Method D402-76 (Reapproved 1987).

                    2.  Analysis of Emulsified Asphalt samples for VOC
                        content shall be in accordance with ASTM
                        Method D244-88.

                    3.  Analysis for halogenated exempt compounds shall 
                        be by ARB Method 432.

          VI.   Compliance Schedule

                A.  Any person subject to the requirements of this Rule
                    prior to May 6, 1991 shall be in compliance with all
                    previous requirements by January 1, 1985.

                B.  Any person subject to the requirements of this Rule
                    revised on May 6, 1991 or now subject to the
                    recordkeeping requirements of Subsection V.A. shall 
                    be in full compliance before January 1, 1992.