STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 25

CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

FROM CUTBACK AND EMULSIFIED ASPHALT

Effective 19 November1992

Last Amended    19 July 2007

AUTHORITY:	These regulations are authorized pursuant to R.I. Gen. Laws
§ 42-17.1-2(s) and 23-23, as amended, and have been promulgated
pursuant to the procedures set forth in the R.I. Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 25

CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

FROM CUTBACK AND EMULSIFIED ASPHALT

TABLE OF CONTENTS  TOC \o "1-3" \h \z \u  

  HYPERLINK \l "_Toc168819244"  25.1	Definitions	  PAGEREF _Toc168819244
\h  1  

  HYPERLINK \l "_Toc168819245"  25.2	Applicability	  PAGEREF
_Toc168819245 \h  2  

  HYPERLINK \l "_Toc168819246"  25.3	Prohibitions	  PAGEREF
_Toc168819246 \h  2  

  HYPERLINK \l "_Toc168819247"  25.4	Test Methods	  PAGEREF
_Toc168819247 \h  3  

  HYPERLINK \l "_Toc168819248"  25.5	Recordkeeping	  PAGEREF
_Toc168819248 \h  3  

  HYPERLINK \l "_Toc168819249"  25.6	Compliance schedule	  PAGEREF
_Toc168819249 \h  3  

  HYPERLINK \l "_Toc168819250"  25.7	General Provisions	  PAGEREF
_Toc168819250 \h  3  

 

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 25

CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

FROM CUTBACK AND EMULSIFIED ASPHALT

25.1	Definitions

	Unless otherwise expressly defined in this section, the terms used in
this regulation shall be defined by reference to the Rhode Island Air
Pollution Control General Definitions Regulation.  As used in this
regulation, the following terms shall, where the context permits, be
construed as follows:

	25.l.l	"Asphalt" means a dark brown cementitious material which is
solid, semisolid, or liquid in consistence and in which the
predominating constituents are bitumens that occur in nature or which
are obtained as residue in refining petroleum.

	25.1.2	"Chip seal" or "Aggregate seal" means a single application of
liquefied asphalt to an existing paved surface followed by a single
layer of aggregate.

	25.l.3	"Cutback asphalt" means asphalt cement that has been liquefied
by blending with petroleum solvents (diluents).

	25.1.4	"Dense-graded aggregate" means a dense aggregate containing
sand, stone and fines which has small void spaces, resulting in a
compacted mixture.

	25.l.5	"Emulsified asphalt" means an emulsion of asphalt cement and
water that contains a small amount of an emulsifying agent.

25.1.6	"Long life stockpile storage" means the storage of cutback
asphalt paving mixtures for 30 days or longer.

	25.1.7	"Medium curing cutback asphalt" means a cutback asphalt composed
of asphalt cement and a kerosene-type diluent of medium volatility,
which meets the specifications of the American Society for Testing and
Materials (ASTM) Designation D-2027 for Medium-Curing Asphalt, or the
American Association of State Highway and Transportation Officials
(AASHTO) Designation M82.

	25.1.8	"Open-graded aggregate" means aggregate containing little or no
mineral filler or in which the void spaces in the compacted aggregate
are large.

	25.l. 9	"Penetrating Prime Coat" means the application of low-viscosity
liquid asphalt to an absorbent base surface prior to applying an asphalt
surface.

	25.1.10	 "Seal coat" means a thin liquified asphalt surface treatment
used to waterproof and improve the texture of an asphaltwearing surface.

25.2 Applicability

	25.2.l	The provisions of this regulation shall apply to any person,
stationary source, facility or municipality which manufactures, stores,
mixes, uses or applies asphalt for road paving or repairs.  The
provisions of this regulation shall not apply to the manufacture of
asphalt products exclusively for use outside of the State of Rhode
Island.

	25.2.2	Wherever the term Volatile Organic Compound or VOC is used in
Sections 25.2 through 25.6, this term should be read as Volatile Organic
Compound and Halogenated Organic Compound or VOC and HOC.

25.3	Prohibitions

	25.3.l	No person shall cause, allow or permit the manufacture, mixing,
storage, use or application of cutback asphalt between 1 April and 30
September, except for the manufacture and use of medium curing cutback
asphalt in patching mixtures for pavement repairs when long life
stockpile storage is necessary and, with written approval of the
Director, for the application of a penetrating prime coat.  Medium
curing cutback asphalt used for the manufacture of patching mixtures or
as a penetrating prime coat shall have less than 5 percent (5%) of the
total solvent evaporate at a temperature up to and including 500oF.

	25.3.2	No person shall cause, allow or permit the manufacture, mixing,
storage use or application of cutback asphalt between 1 October and 31
March except in the following circumstances:

		(a)	The use of medium curing cutback asphalt solely as a penetrating
prime coat, or

		(b)	The use of medium curing cutback asphalt for the manufacture and
use of patching mixtures for pavement repairs when long life stockpile
storage is necessary, or

		(c)	The use of medium curing cutback asphalt of which less than 5
percent (5%) of the total solvent evaporates at a temperature up to and
including 500oF.

	25.3.3	No person shall cause, allow or permit the manufacture, mixing,
storage, use or application of emulsified asphalt which has been diluted
with a petroleum solvent or another VOC or which has a VOC content
greater than the limits specified in Subsection 25.3.4 between 1 April
and 30 September:

	25.3.4	The VOC content of any emulsified asphalt manufactured, mixed,
stored, used or applied between 1 October and 31 March shall be limited
as follows:

									Maximum VOC

			Application/Use				Content-Percent (by wt.) 

		(a)	Use as a seal coat					3

		(b)	Use as a chip seal when dusty or			3

			dirty aggregate is used

		(c)	Mixing with open graded aggregate			8

			that is not well washed

		(d)	Mixing with dense graded aggregate			12

25.4 Test Methods

	25.4.1	Compliance with subsections 25.3.1 and 25.3.2(c) shall be
demonstrated using ASTM Method D-402, "Distillation of Cut-Back
Asphaltic Product" or another method approved by the Director and EPA.

	25.4.2	Compliance with section 25.3.4 shall be demonstrated using ASTM
Method D-244, "Standard Test Methods for Emulsified Asphalts", or
another method approved by the Director and EPA.

25.5	Recordkeeping

	Any person, stationary source, facility or municipality subject to this
regulation shall maintain records of the manufacture, mixing, storage,
use of application of any asphalt which contains VOC between 1 April and
30 September.  These records shall be maintained in a readily accessible
location for a minimum of three years and shall be made accessible to
the Office of Air Resources upon request.

25.6	Compliance schedule

	Compliance with the provisions of this regulation shall be required on
and after 1 May 1994.

25.7	General Provisions

Purpose

The purpose of this regulation is to limit volatile organic compound
emissions from cutback and emulsified asphalt used for road paving or
repairs.

Authority

These regulations are authorized pursuant to R.I. Gen. Laws §
42-17.1-2(s) and 23-23, as amended, and have been promulgated pursuant
to the procedures set forth in the R.I. Administrative Procedures Act,
R.I. Gen. Laws Chapter 42-35

Application

The terms and provisions of this regulation shall be liberally construed
to permit the Department to effectuate the purposes of state law, goals
and policies.

Severability

If any provision of this regulation or the application thereof to any
person or circumstance, is held invalid by a court of competent
jurisdiction, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

The foregoing regulation, "Control of Volatile Organic Compound
Emissions from Cutback and Emulsified Asphalt”, as amended, after due
notice, is hereby adopted and filed with the Secretary of State this
____29th_ day of ______June_____, 2007_ to become effective twenty (20)
days thereafter, in accordance with the provisions of Chapters 23-23,
42-35, 42-17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as
amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:	February 21, 2007

Public Hearing held:	  March 23, 2007

Filing Date:	June 29, 2007

Effective Date: July 19, 2007

 

 

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