Liquefied Cutback Asphalt Paving Restricted

PURPOSE: This regulation restricts volatile organic compounds emissions from cutback asphalt paving operations. (1) Application. (A) This regulation shall apply only in Clay, Jackson and Platte Counties. (B) This regulation limits the use or application of liquefied cutback asphalt in paving and maintenance operations on highways, roads, parking lots and driveways. (2) General. After December 31, 1982, no person may cause or permit the use or application of liquefied cutback asphalts on highways, roads, parking lots and driveways during the months of April, May, June, July, August, September and October except as permitted in section (3). This section refers to liquefied cutback asphalt which is directly applied or used in a plant-mix or road-mix. (3) Exceptions. The use or application of liquefied cutback asphalts 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 Clay, Jackson and Platte Counties; or (C) To be used solely as an asphalt prime coat or an asphalt seal coat on absorbent surfaces. (4) Recordkeeping. (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 those records shall be made available to the director upon his/her request. AUTHORITY: section 643.050, RSMo 1986.* Original rule filed Nov. 14, 1978, effective July 12, 1979. Amended: Filed Jan. 3, 1991, effective Aug. 30, 1991. *Original authority 1965, amended 1972, transferred from 203.050 in 1986, 1992, 1993.