STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 25

CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

FROM CUTBACK AND EMULSIFIED ASPHALT

Effective 19 November1992

Last Amended 19 July 2007

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(s) and 23-23,

as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative 

Procedures Act, R.I. Gen. Laws Chapter 42-35.
RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 25

CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

FROM CUTBACK AND EMULSIFIED ASPHALT

TABLE OF CONTENTS

25.1 Definitions....................................................................................................................................................1

25.2 Applicability.................................................................................................................................................2

25.3 Prohibitions..................................................................................................................................................2

25.4 Test Methods................................................................................................................................................3

25.5 Recordkeeping..............................................................................................................................................3

25.6 Compliance schedule ....................................................................................................................................3

25.7 General Provisions........................................................................................................................................3
Page 1 of 4

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 25

CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS

FROM CUTBACK AND EMULSIFIED ASPHALT

25.1 Definitions

Unless otherwise expressly defined in this section, the terms used in this regulation shall be 

defined by reference to the Rhode Island Air Pollution Control General Definitions 

Regulation. As used in this regulation, the following terms shall, where the context permits, 

be construed as follows:

25.l.l "Asphalt" means a dark brown cementitious material which is solid, semisolid, or 

liquid in consistence and in which the predominating constituents are bitumens that 

occur in nature or which are obtained as residue in refining petroleum.

25.1.2 "Chip seal" or "Aggregate seal" means a single application of liquefied asphalt to 

an existing paved surface followed by a single layer of aggregate.

25.l.3 "Cutback asphalt" means asphalt cement that has been liquefied by blending with 

petroleum solvents (diluents).

25.1.4 "Dense-graded aggregate" means a dense aggregate containing sand, stone and 

fines which has small void spaces, resulting in a compacted mixture.

25.l.5 "Emulsified asphalt" means an emulsion of asphalt cement and water that contains 

a small amount of an emulsifying agent.

25.1.6 "Long life stockpile storage" means the storage of cutback asphalt paving 

mixtures for 30 days or longer.

25.1.7 "Medium curing cutback asphalt" means a cutback asphalt composed of asphalt 

cement and a kerosene-type diluent of medium volatility, which meets the 

specifications of the American Society for Testing and Materials (ASTM) 

Designation D-2027 for Medium-Curing Asphalt, or the American Association of 

State Highway and Transportation Officials (AASHTO) Designation M82.

25.1.8 "Open-graded aggregate" means aggregate containing little or no mineral filler or 

in which the void spaces in the compacted aggregate are large.

25.l. 9 "Penetrating Prime Coat" means the application of low-viscosity liquid asphalt to 

an absorbent base surface prior to applying an asphalt surface.

25.1.10 "Seal coat" means a thin liquified asphalt surface treatment used to waterproof and 

improve the texture of an asphaltwearing surface.
Page 2 of 4

25.2 Applicability

25.2.l The provisions of this regulation shall apply to any person, stationary source, facility

or municipality which manufactures, stores, mixes, uses or applies asphalt for road 

paving or repairs. The provisions of this regulation shall not apply to the 

manufacture of asphalt products exclusively for use outside of the State of Rhode 

Island.

25.2.2 Wherever the term Volatile Organic Compound or VOC is used in Sections 25.2 

through 25.6, this term should be read as Volatile Organic Compound and 

Halogenated Organic Compound or VOC and HOC.

25.3 Prohibitions

25.3.l No person shall cause, allow or permit the manufacture, mixing, storage, use or 

application of cutback asphalt between 1 April and 30 September, except for the 

manufacture and use of medium curing cutback asphalt in patching mixtures for 

pavement repairs when long life stockpile storage is necessary and, with written 

approval of the Director, for the application of a penetrating prime coat. Medium 

curing cutback asphalt used for the manufacture of patching mixtures or as a 

penetrating prime coat shall have less than 5 percent (5%) of the total solvent 

evaporate at a temperature up to and including 500oF.

25.3.2 No person shall cause, allow or permit the manufacture, mixing, storage use or 

application of cutback asphalt between 1 October and 31 March except in the 

following circumstances:

(a) The use of medium curing cutback asphalt solely as a penetrating prime 

coat, or

(b) The use of medium curing cutback asphalt for the manufacture and use of 

patching mixtures for pavement repairs when long life stockpile storage is 

necessary, or

(c) The use of medium curing cutback asphalt of which less than 5 percent (5%) 

of the total solvent evaporates at a temperature up to and including 500oF.

25.3.3 No person shall cause, allow or permit the manufacture, mixing, storage, use or 

application of emulsified asphalt which has been diluted with a petroleum solvent or 

another VOC or which has a VOC content greater than the limits specified in 

Subsection 25.3.4 between 1 April and 30 September:

25.3.4 The VOC content of any emulsified asphalt manufactured, mixed, stored, used or 

applied between 1 October and 31 March shall be limited as follows:
Page 3 of 4

Maximum VOC

Application/Use Content-Percent (by wt.) 

(a) Use as a seal coat 3

(b) Use as a chip seal when dusty or 3

dirty aggregate is used

(c) Mixing with open graded aggregate 8

that is not well washed

(d) Mixing with dense graded aggregate 12

25.4 Test Methods

25.4.1 Compliance with subsections 25.3.1 and 25.3.2(c) shall be demonstrated using 

ASTM Method D-402, "Distillation of Cut-Back Asphaltic Product" or another 

method approved by the Director and EPA.

25.4.2 Compliance with section 25.3.4 shall be demonstrated using ASTM Method D-244, 

"Standard Test Methods for Emulsified Asphalts", or another method approved by

the Director and EPA.

25.5 Recordkeeping

Any person, stationary source, facility or municipality subject to this regulation shall 

maintain records of the manufacture, mixing, storage, use of application of any asphalt 

which contains VOC between 1 April and 30 September. These records shall be maintained 

in a readily accessible location for a minimum of three years and shall be made accessible to 

the Office of Air Resources upon request.

25.6 Compliance schedule

Compliance with the provisions of this regulation shall be required on and after 1 May

1994.

25.7 General Provisions

25.7.1 Purpose

The purpose of this regulation is to limit volatile organic compound 

emissions from cutback and emulsified asphalt used for road paving or 

repairs.

25.7.2 Authority

These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(s) 
Page 4 of 4

and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. 

Laws Chapter 42-35

25.7.3 Application

The terms and provisions of this regulation shall be liberally construed to 

permit the Department to effectuate the purposes of state law, goals and 

policies.

25.7.4 Severability

If any provision of this regulation or the application thereof to any person or 

circumstance, is held invalid by a court of competent jurisdiction, the 

validity of the remainder of the regulation shall not be affected thereby.

25.7.5 Effective Date

The foregoing regulation, "Control of Volatile Organic Compound 

Emissions from Cutback and Emulsified Asphalt”, as amended, after due 

notice, is hereby adopted and filed with the Secretary of State this ____29th_ 

day of ______June_____, 2007_ to become effective twenty (20) days 

thereafter, in accordance with the provisions of Chapters 23-23, 42-35, 42-

17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on: February 21, 2007

Public Hearing held: March 23, 2007

Filing Date: June 29, 2007

Effective Date: July 19, 2007