R 336.1618 Use of cutback or emulsified paving asphalt.

Rule 618. (1) A person shall not manufacture, mix, store, use, or apply cutback or emulsified paving asphalt, from March 1 to October 31, unless the cutback or emulsified paving asphalt contains no greater than 3% volatile organic compounds by volume, which is equivalent to 6.0 milliliters of oil distillate, from a 200 milliliters sample, at 500 degrees Fahrenheit as determined by a test method in subrule (2) of this rule. This rule applies to both existing and new sources as defined by the dates in R 336.1601(c)and R 336.1701. (2) Compliance with subrule (1) of this rule must be determined by 1 of the following test methods: (a) ASTM Method D6997, Standard Test Methods and Practice for Distillation of Emulsified Asphalts, adopted by reference in R 336.1902. (b) AASHTO T59 Standard Method of Test for Emulsified Asphalts, adopted by reference in R 336.1902. (c) ASTM Method D402, Standard Test Method for Distillation of Cutback Asphaltic (Bituminous) Products, adopted by reference in R 336.1902. (d) AASHTO T78, Standard Method of Test for Cutback Asphaltic Products, adopted by reference in R 336.1902. (3) Any person subject to this rule shall maintain records of the manufacture, mixing, storage, use, or application of any cutback or emulsified paving asphalt containing volatile organic compounds during the period March 1 to October 31. The records must include information on the volatile organic compound content documented in the product data sheets or material safety data sheets. The records must be available to any representative of the department during normal business hours, and copies must be provided to the department upon request. (4) As used in this rule: (a) “Asphalt” means a dark brown to black solid, liquid, or semisolid cementitious material composed primarily of bitumens that occur naturally or are obtained as a residue of petroleum refining. (b) “Cutback paving asphalt” means asphalt that has been liquefied by blending with an organic solvent and that is used for the purpose of paving or repairing, or paving and repairing, a road surface. (c) “Emulsified paving asphalt” means asphalt that has been liquefied by mixing with water and an emulsifying agent and that is used for the purpose of paving or repairing, or paving and repairing, a road surface.