SJVUAPCD 4641 - 1 12/17/92

RULE 4641 CUTBACK, SLOW CURE, AND EMULSIFIED ASPHALT, PAVING AND 

MAINTENANCE OPERATIONS (Adopted April 11, 1991, Amended 

September 19, 1991, Amended December 17, 1992) 

1.0 Purpose 

 The purpose of this rule is to limit VOC emissions by restricting the application and 

manufacturing of certain types of asphalt for paving and maintenance operations. 

2.0 Applicability 

 This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and 

emulsified asphalt for paving and maintenance operations. 

3.0 Definitions 

 3.1 Asphalt: a dark-brown to black refined liquid or solid cementious material of 

which the main constituents are bitumens suitable for use in the manufacture of 

paving materials or dust palliatives. 

 3.2 Cutback Asphalt: paving grade asphalt liquified with petroleum distillate and 

conforming to specification of the American Society for Testing & Materials 

(ASTM) as following: 

 3.2.1 Rapid cure type: ASTM D2028-76 (Reapproved 1981) 

 3.2.2 Medium cure type: ASTM D2027-76 (Reapproved 1981) 

 3.3 Dust Palliative: any light application of cutback asphalt, slow cure asphalt or 

emulsified asphalt for the express purpose of controlling loose dust. 

 3.4 Emulsified Asphalt: any asphalt liquified with water containing an emulsifier. 

The two kinds of emulsions most pertinent are the anionic and cationic types. 

 3.5 Organic Compound: any compound which contains VOCs. 

 3.6 Paving and Maintenance Operations: all activities involved in the new 

construction and maintenance of roadways and parking areas. 

 3.7 Penetrating Prime Coat: any application of asphalt to an absorptive surface to 

penetrate and bind the aggregate surface and promote adhesion between it and 

the new superimposed construction. Prime coats do not include dust palliative 

or tack coats. 

 3.8 Road Oils: shall be synonymous with slow cure asphalt.
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Administrative Change 12/5/05

4641 - 2

 3.9 San Joaquin Valley Air Basin: all of San Joaquin, Stanislaus, Merced, Madera, 

Fresno, Kings, Tulare Counties and the San Joaquin Valley portion of Kern 

County. 

 3.10 Slow Cure Asphalt: paving grade asphalt conforming to specification of the 

ASTM D2026-72 (Reapproved 1979). 

 3.11 Tack Coat: any application of asphalt applied to an existing surface to provide a 

bond between new surfacing and existing surface and to eliminate slippage 

planes where the new and existing surfaces meet. 

4.0 Exemptions 

 4.1 The requirements of Section 5.0 shall not apply to the manufacture of cutback 

asphalt or emulsified asphalt in the manufacturing of paving materials where 

such materials are for shipment and use outside of the District . 

 4.2 The requirements of Section 5.1.2 shall not apply to the use of medium cure 

asphalt where the National Weather Service official forecast of the high 

temperature for the 24 hour period following application is below 50°F. 

5.0 Requirements 

 5.1 A person shall not manufacture for sale nor use any of the following for 

penetrating prime coat, tack coat, dust palliative, or other paving and 

maintenance operations: 

 

 5.1.1 Rapid cure cutback asphalt; 

 5.1.2 Medium cure cutback asphalt; 

 5.1.3 Slow cure asphalt which as produced for application, contains more than 

one-half (0.5) percent of organic compounds which evaporate at 500°F 

or lower. 

 5.1.4 Emulsified asphalt containing organic compounds, in excess of three (3) 

percent by volume, which evaporate at 500°F or lower. 

6.0 Administrative Requirements 

 6.1 Recordkeeping 

 6.1.1 The manufacturer of cutback, slow cure or emulsified asphalt for dust 

palliative, or any other road paving and maintenance operations shall 

maintain records showing the types and amounts of cutback asphalt, 
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slow cure asphalt and emulsified asphalt which contain organic 

compounds produced and the destination of these products. 

 6.1.2 The users of cutback slow cure or emulsified asphalt for penetrating 

prime coat, tack coat, dust palliative, or other paving and maintenance 

operations shall maintain records showing the types, amounts received, 

and amounts used. 

 6.1.3 Such records shall be maintained daily and retained and available for 

inspection by the APCO for the previous 24 month period. 

 6.2 Test Methods 

 6.2.1 Analysis of cutback asphalt samples for VOC content shall be in 

accordance with ASTM Method D402-76 (Reapproved 1987). 

 6.2.2 Analysis of emulsified asphalt samples for VOC content shall be in 

accordance with ASTM Method D244-88. 

 6.2.3 Analysis for halogenated exempt compounds shall be by ARB Method 

432. 

7.0 Compliance Schedule 

 All manufacturers and users of cutback, slow cure, and emulsified asphalt which 

are subject to this rule shall be in full compliance with the provisions of this rule 

by November 1, 1991. 
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