Liquefied Cutback Asphalt Paving Restricted

PURPOSE: This rule restricts volatile organic compounds, emissions from cutback asphalt paving operations. (1) Application. (A) This rule shall apply throughout St. Louis City and Jefferson, St. Charles, Franklin and St. Louis Counties. (B) This rule applies to producers and suppliers which use or apply liquefied cutback asphalt in paving and maintenance operations on highways, roads, parking lots and driveways. (2) Definitions of certain terms specified in this rule may be found in 10 CSR 10-6.020. (3) General. After December 31, 1982, no person may cause or permit the use or application of liquefied cutback asphalt on highways, roads, parking lots and driveways during the months of April, May, June, July, August, September and October except as permitted in section (4). This section refers to liquefied cutback asphalt which is directly applied for use in a plant-mix or road-mix. (4) Exceptions. The use or application of liquefied cutback asphalt is permitted if the liquefied cutback asphalt is— (A) Used in a plant-mix or road-mix which is used solely for filling potholes or for emergency repairs; (B) Used to produce a plant-mix manufactured for resale or for use outside the St. Louis metropolitan area; or (C) To be used solely as an asphalt prime coat or an asphalt seal coat on absorbent surfaces. (5) Record Keeping. (A) Records shall be kept on all application uses and all production quantities sufficient to determine daily volatile organic compound emissions for the months of April, May, June, July, August, September and October. (B) Liquefied cutback asphalt plants shall keep records of the quantities of liquefied cutback asphalt sold and who the purchasers are. The owner, operator or user shall record all information derived for a period of not less than two (2) years and all these records shall be made available to the director upon his/her request. AUTHORITY: section 643.050, RSMo 1994.* Original rule filed Nov. 14, 1978, effective July 12, 1979. Amended: Filed Oct. 4, 1988, effective March 11, 1989. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993.