, " . - v c rc Tr v r1 n I - - . . i . ri n -rT--p--[ 

Office of the Secretary of State 

1 . NAME AND ADDRESS OF AGENCY 

Department of Environmental Management 

Office of Air Resources 

2. TITLE OF THESE RULES AND REGULATIONS 

Air Pollution Control Regulation No . 25, "Control of Volatile Organic 

Emissions from Cutback and Emulsified Asphalt" 

. James R. Langevin, Secretary of State 

Rules and Regulations Filing Form 

3. STATUTORY SOURCE OF AUTHORITY TO ISSUE THESE RULES 

Rhode Island General Laws Title 23 - Chapter 23 

4. TYPE OF RULES AND REGULATIONS 

(A) new rules and regulations 

" (B) amendments 

' (C) technical revisions 

" If yes to (B) or (C) above, identify the amended sections or rule number(s~ and please identify the original date filing. 

Regulation No . 25, originally filed 30 December 1992 

5. PURPOSE OF NEW RULES AND REGULATIONS OR AMENDMENTS 

Compoudd 

Regulation No . 25 is being amended to update requirements for controlling vapors 

emitted from the manufacture and use of asphalt . 

6. TYPE OF FILING 

(D) Date of Public Notice 

(A) Emergency 

(B) Pursuant to 42-35 

(C) Date of Pubfic Hearing Sept . 7 . 2000 

8. AGENCY CODE 

I'7 L, 1-. 

1 i, 

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7. DOCUMENTS FILED 

ON I hqlleby certify that the attached rules and regulations were adopted in accordance with thedmintstrative Procedures Act (f2-JS), and that 

the`,lare [me copies ojthis department. attest 

Chief, _0_ffi_cp of Air RPGoi~rc~P s 

Title 

Subscnbed and sworn to before me this 

Received by: Office of t1 Secre,Ay of State 

I 8 ?' day of 

(A) New Rules and Regulations 

(B) Amended Rules & Regulations 

(C) Only Amendments to Rules & Regulations 

(D) Technical Revisions 

~T~ A,"-44 f? V FILED -g,. (;~). 

SECRETARY OF ST-ATE 

JAN 18 2001 

PUBLIC lNt-ORMAT16N 

CENTER 

Filing Date 
rtAIRPOLLUTIONiCONTROL -REGULATION;NO.. 25 . 

CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS 

FROM CUTBACK AND EMULSIFIED ASPHALT 

Effective 19 November 1992 

Last Amended 7 February 2001 

FILED 

SECRETARY OF STATE 

JAN 18 2001 

Ql1BUC 11Vrtvi=fNIH 11 

CENTER 
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 . Control of Volatile Organic Compound Emissions from Cutback and Emulsified Asphalt 

25 .1 Definitions 

As used in these regulations, the following terms shall, where the context permits, be 

construed as follows: 

25.1 .1 "Asphalt" means a dark brown or black 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 .1 .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 .1 .5 "Emulsified asphalt" means an emulsion of asphalt cement and water that contains 

a small amount of an emulsifying agent. 

25 .1 .6 "Halogenated organic compound" and "HOC" means the following compounds: 

(a) CFC-11 (trichlorofluoromethane) 

(b) CFC-12 (dichlorodifluoromethane) 

(c) CFC-113 (1,1,1-trichloro 2,2;2-trifluoroethane) 

(d) CFC-114 (1,2-dichloro 1,1,2,2-tetrafluoroethane) 

(e) CFC-115 (chloropentafluoroethane) 

(f) HCFC-22 (chlorodifluoromethane) 

(g) HCFC-123 (1,1,1-trifluoro 2,2-dichloroethane) 

(h) HCFC-124 (2-chloro 1,1,1,2-tetrafluoroethane) 

(i) HCFC-141b (1,1-dichloro 1-fluoroethane) 

25-1 
G) 

(k) 

(1) 

HCFC-142b (1-chloro 1,1-difluoroethane) 

methyl chloroform (1,1,1-trichloroethane) 

methylene chloride (dichloromethane) 

25 .1 .7 "Long life stockpile storage" means the storage of cutback asphalt paving mixtures 

for 30 days or longer . 

25 .1 .8 "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 MediumCuring Asphalt, or the American Association of State Highway and Transportation Officials 

(AASHTO) Designation M82. 

25 .1 .9 "Open-graded aggregate" means aggregate containing little or no mineral filler or in 

which the void spaces in the compacted aggregate are large. 

25 .1 .10 "Penetrating Prime Coat" means the application of low-viscosity liquid asphalt to 

an absorbent base surface prior to applying an asphalt surface. 

25.1 .11 "Seal coat" means a thin liquefied asphalt surface treatment used to waterproof and 

improve the texture of an asphaltwearing surface. 

25.1 .12 "Volatile organic compound" and "VOC" means any organic which participates in 

atmospheric photochemical reactions. This includes any organic compound other than the 

following compounds : 

(a) acetone 

(b) CFC-11 (trichlorofluoromethane) 

(c) CFC-12 (dichlorodifluoromethane) 

(d) CFC-113 (1,1,1-trichloro 2,2,2-trifluoroethane) 

(e) CFC-114 (1,2-dichloro 1,1,2,2-tetrafluoroethane) 

(f) CFC-115 (chloropentafluoroethane) 

(g) ethane 

(h) HCFC-22 (chlorodifluoromethane) 

(i) HCFC-123 (1,1,1-trifluoro 2,2-dichloroethane) 

(j) HCFC-124 (2-chloro 1,1,1,2-tetrafluoroethane) 

(k) HCFC-141b (1,1-dichloro 1-fluoroethane) 

(1) HCFC-142b (1-chloro 1,1-difluoroethane) 

(m) HFC-23 (trifluoromethane) 

(n) HFC-125 (pentafluoroethane) 

(o) HFC-134 (1,1,2,2-tetrafluoroethane) 

25-2 
(p) HFC-134a (1,1,1,2-tetrafluoroethane) 

(q) HFC-143a (1,1,1-trifluoroethane) 

(r) HFC-152a (1,1-difluoroethane) 

(s) methane 

(t) methyl chloroform (1,1,1-trichloroethane) 

(u) methylene chloride (dichloromethane) 

(v) parachlorobenzotrifluoride (PCBTF) 

(w) volatile methyl siloxanes (VMS) 

(x) The perfluorocarbon compounds which fall into these classes : 

(1) cyclic, branched, or linear, completely fluorinated alkanes : 

(2) cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations ; 

(3) cyclic, branched, or linear, completely fluorinated tertiary amines 

with no unsaturations ; and 

(4) sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine. 

These compounds have been determined to have negligible photochemical reactivity . 

For purposes of determining compliance with emission limits, VOC will be measured 

by the approved test methods. Where such a method also inadvertently measures 

compounds with negligible photochemical reactivity as defined above, an owner or 

operator may exclude these negligible photochemical reactive compounds when 

determining compliance with an emissions standard . Exempt solvents will be treated 

as water in "pounds of VOC per gallon of coating minus water" calculations . 

25 .2 Applicability 

25 .2 .1 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 

Compound or VOC and HOC. 
25.3 Prohibitions 

25 .3 .1 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 500°F . 

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 500°F. 

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: 
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 subsection 25 .3 .4 shall be demonstrated using ASTM Method D244, "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 or 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. 

25-5 

FILED 

SECRETARY OF 

STATE 

.IAN 18 2001 

PUBLIC, JNrUriMH [10 

CENTER