La. Admin. Code tit. 33 § III-2127

Current through Register Vol. 50, No. 6, June 20, 2024

Section III-2127 - Cutback Paving Asphalt

A. No person may cause, allow or permit the manufacture, mixing, storage, use or application of cutback paving asphalts or emulsified asphalts used for paving which contain volatile organic compounds without approval of the administrative authority as provided in LAC 33:III.2127.D.

B. Compliance. Compliance with this Section shall be determined on a daily basis by direct observation as specified in guideline report EPA-450/2-77-037.

C. Recordkeeping. The owner/operator of any operation involved with the manufacture, mixing, storage, use, or application of cutback paving asphalts and emulsified asphalts shall maintain records to verify compliance with this Section. The records will be maintained for at least two years and will include but not be limited to the following:

1. purchase and sales receipts including delivery dates, quantities, types of materials and comments;

2. equipment operation schedules and maintenance records; and

3. testing data to document compliance with LAC 33:III.2127.B and D.2.

D. Exemptions

1. The administrative authority may approve the manufacture, mixing, storage, use, or application of cutback paving asphalt where:

a. long life (greater than one month) stockpile storage is necessary;

b. the use or application at ambient temperatures less than 10°C (50°F) is necessary;

c. the cutback paving asphalt is to be used solely as a penetrating prime coat;

d. it can be demonstrated that no VOC emissions will occur from the use of the cutback.

2. The administrative authority may approve the manufacture, mixing, storage, use or application of emulsified asphalts used for paving which contain volatile organic compounds where certain grades or applications of emulsified asphalt shall be allowed with the following maximum solvent contents as determined by ASTM D-244:

a. 3.0 percent by weight for seal coats;

b. 3.0 percent by weight for chip seals when dusty or dirty aggregate is used;

c. 8.0 percent by weight for mixing with open graded aggregate with less than 1 percent by weight of dust or clay-like materials adhering to the coarse aggregate fraction (1/4 inch in diameter or greater); and

d. 12.0 percent by weight for mixing with dense graded aggregate when used to produce a mix designed to have 10 percent or less voids when fully compacted.

La. Admin. Code tit. 33, § III-2127

Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 16:118 (February 1990), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:361(April 1991), LR 17:477 (May 1991).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.