SHAAQMD RULE 3:15 CUTBACK AND EMULSIFIED ASPHALT
LAST REVISED 06/06/95

Rule 3:15 Cutback and Emulsified Asphalt (Adopted 6/6/95)

PART 100 GENERAL

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

102 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. 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.

PART 200 DEFINITIONS

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

201 Asphalt: 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.

202 Cutback Asphalt: Paving-grade asphalt liquified with petroleum distillate and as further defined by the

Rule 3:15 (continued)

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

203 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.

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

205 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), dichloro-difluoromethane (CFC-12), chlorodifluoro-methane (HCFC-22), trifluoro-methane (HFC-23), 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113), 1-chloro-1,1-difluoro-2-chloro-2,2-difluoro-ethane (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.





Rule 3:15 (continued)

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),

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.

PART 300 REQUIREMENTS

301 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.

302 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.

PART 400. TEST METHODS

a. Measurement of VOC content in cutback asphalts pursuant to Part 301 of this rule shall be conducted and reported in accordance with ASTM Test Method D402-76.

b. Measurement of VOC content in emulsified asphalts pursuant to Part 302 of this rule shall be conducted and reported in accordance with ASTM Test Method D244-89.

Rule 3:15 (continued)

c. Measurement of exempt compound content in cutback and emulsified asphalts pursuant to Subsections 301 and 302 of this rule shall be conducted and reported in accordance with ASTM Method D4457-85.

PART 500. 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 Part 300 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.