Page 1 of 6 Express Terms 6 NYCRR Part 241 , Asphalt Pavement and Asphalt B ased Surface Coating 241.1 Applicability 241.2 Definitions 241.3 Asphalt pavement 241.4 Cutback asphalt prohibition 241.5 Asphalt -based surface coating 241. 1 Applicability This Part applies to : (a) any person who applies, supplies, sells, offers for sale, or manufactures any asphalt pavement ; and (b) any person who applies, supplies, sells, offers for sale, or manufactures any asphalt -based surface coating . 2 4 1 . 2 Definitions ( a) ‘ Asphalt ’ . The dark brown to black cementitious material (solid, semisolid or liquid in consistency) of which the main constituents are bitumens which occur naturall y or as a residue of petroleum refining.Page 2 of 6

(b) ‘ Asphalt pavement . ’ Pavement that is composed of stone, sand, and gravel bound together b y asphalt . ( c ) ‘ Cutback asphalt ’ . Any a sphalt which has been liquefied by b lending with petroleum solvents ( diluents) or, in the case of some slow cure asphalts (road oils), ha s been produced directl y from the distillation of petroleum. ( d) ‘ Asphalt -b ased surface c o ating ’ . A coating labeled and formulated for application to worn asphalt pavement surfaces including , but not limited to, highway , driveway , parking, curb and/or berm surfaces to perform one or more of the following functions: (1) f ill cracks, (2) s eal , coat, or cover the surface to provide protection or prolong its life , or (3) restore or preserve the appearance. ( e ) ‘Emulsified asphalt’. An emulsion of asphalt and water that contains an emul sifying agent; it is a heterogeneous system containing two normall y immiscible phases (asphalt and water) in which the water forms the continuous phase of the emulsion, and minute globules of asphalt form the discontinuous phase. (f) ‘ Penetrating prime coat ’ . An application of low viscosity a sphalt to an absorbent surface in order to prepare the surface for ap p l i catio n of asphalt pavement.Page 3 of 6 2 4 1 . 3 Asphalt p avement. No emulsified asphalt , as class i fi ed under ASTM International s tandard specifications D 977 or D 23 9 7 (see Table 1, section 200.9 of this Title) , may b e applied , sold, offered for sale , or manufactured that contains oil distillate, as determined by A STM International standard test method D 6997, in amounts that exceed the following limits (milliliters of oil distillate per 200 gram sample): ( a) three milliliters for ASTM grades RS - 1, SS - 1, SS - 1h, CRS - 1, CSS - 1, and CSS - 1h; (b ) five milliliters for ASTM grades RS - 2, CRS - 2, and HFRS - 2; ( c ) sixteen milliliters for ASTM grades MS - 2, HFMS - 2 and HFMS - 2h; and ( d) twenty milliliters for ASTM grades CMS - 2 and CMS - 2h.

241 . 4 Cutback a sphalt p rohibition . The use of cutback asphalt in paving activitie s is prohibited except in the fo llowing circumstances : ( a) when the asphalt is used in the production of long - life stockpile material for pavement patching and repair ; or (b ) when the asphalt is used as a penetrating prime coat for the purpose of preparing a surface to receive asphalt p av ement .Page 4 of 6 241 . 5 Asphalt b ased surface c oating . (a) VOC limitatio n . No asphalt bas e d surf a ce coating m ay

b e applied , sold , offered for sale , or manufactured if it contain s more than 100 grams of VOC per liter . (b ) VOC content determination. ( 1 ) Except as provided in paragraph (2) of this subdivision, the VOC content of an asphalt based surface coating must be deter mine d through the us e of the following equation: ( Ws ) VOC Content = --------------------------------------

( Vm - Vw ) where: VOC content = grams of VOC per l iter of coating Ws = weight of VOC s, in grams Vm = volume of coating, in liters Vw = volume of water, in liters The VOC content of a tint base shall be determined prior to the addition of the colorant. ( 2 ) An alternative method may be used if approv ed by

the Department and the A dministrator .Page 5 of 6

( 3 ) The Department may additionall y require the manufacturer to conduct a 40 CFR part 60, appendix A, method 24 (see Table 1, section 200.9 of this Title) anal ysis to v eri fy the VOC content. ( c ) Product l abeling and r ecord keeping . ( 1 ) Small container asphalt -based surface coating labeling. Any m anufacturer of an asphalt based surface coating that is supplied , sold , or offered for sale in containers less than or equal to ten gallons in size must display on the container the following information: (i) the product name, and (ii) the VOC content. Each container must display e ither the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by

the manufacturer. VOC content shall be displayed in grams of VOC per liter of coating. VOC content displayed shall be calculated using manufacturer's formulation data , or shall be determined according to subdivision (b ) of this sec tion . ( 2 ) Bulk asphalt -based surface coating recordkeeping . (i) Any person who sells or offers for sale any asphalt -based surface coating in quantiti es greater than 10 gallons in size must provide to the purchaser, and the Department upon request , the following information regarding the c o ating :Page 6 of 6 (a) the invoice sheet, bill of sal e, or product manifest document; (b) the name of the supplier; (c) the name of the manufacturer ; (d) the product name; (e) the VOC content; and (f) the Material Safety Data Sheet. (ii) Any person who applies an asphalt -based surface coating from a container greater than 10 gallons in size must have available for inspection by D epartment staff th e documentation described in paragraph (c ) (2)(i) of this section until the time that all the rel ev ant coating is applied or discarded .