N.M. Code R. § 20.11.65.18

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.65.18 - CUTBACK ASPHALT

A. No person shall cause, allow, or permit the use of cutback asphalt in quantities greater than 100 pounds per application directly onto existing or new paved surfaces without first obtaining a permit for such use from the department.

B. The director of the department may only issue a permit to use cutback asphalt if it is determined, based on information supplied by the applicant, that less than 25 tons per year of VOC's will be emitted to the ambient air as a result of the activities approved under the permit.

C. Penetrate uses: for the purposes of this subsection, asphalt cement cut with naphtha for the purposes of getting surface penetration into existing driveway and parking lot surfaces shall be exempt from the requirements of Subsections A and B of 20.11.65.18 NMAC. However, this exemption does not apply between the dates of June 15 through September 15. During the period of June 15 through September 15 a permit for such operation shall be required and the department shall consider the annual 25-ton limitation to apply entirely within the three-month span of this requirement.

N.M. Code R. § 20.11.65.18

12/1/95; 20.11.65.18 NMAC - Rn, 20 NMAC 11.65.II.7, 10/1/02