, " . - v c rc Tr v r1 n I - - . . i . ri n -rT--p--[ Office of the Secretary of State



### 1. NAME ANDADDRESS 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 SOUR CE OF AUTHORITY TOISSUE 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 " Ifyes to (B) or (C) above, identifythe 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 ORAMENDMENTS 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", T"T T,r 'z"IT'I" .'r ."-Cj~

7. DOCUMENTS FILED

ON I hqlleby certify thatthe attachedrules and regulations were adoptedin accordance with thedmintstrative Procedures Act (f2-JS), andthat the`,lare [mecopies 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

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### A,"- 44f?

### V 

### FILED -g,. (;~) . S

### ECRETARY OF ST

### -

ATE 

## JAN 18 2001 PUBLIC lNt-ORMAT16N CENTER Filing Date

### rtAIRPOLLUTIONiCONTROL -REGULATION ;NO .. 25 . CONTROL OF VOLATILE ORGANICCOMPOUNDEMISSIONS FROM CUTBACKANDEMULSIFIEDASPHALT

Effective 19 November 1992 

### Last Amended 7 February 2001

FILED SECRETARY OF STATE 

## JAN 18 2001 Ql1BUC 11Vrtvi=fNIH11 CENTERRHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OFFICE OF AIR RESOURCES AIRPOLLUTION CONTROL REGULATION NO . 25 CONTROL OF VOLATILE ORGANICCOMPOUND EMISSIONS FROM CUTBACKAN

DEMULSIFIED ASPHALT 25. Control ofVolatile Organic Compound Emissions fromCutback 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 30days or longer . 25.1 .8 "Mediumcuring 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, VOCwill 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 VOCper 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 termVolatile Organic Compound or VOC is used in Sections 25.2 through 25.6, this termshould be read as Volatile Organic Compound and Halogenated Compound or VOCand HOC .25.3 Prohibitions 25.3.1 No person shall cause, allowor permit the manufacture, mixing, storage, use or application of cutback asphalt between 1 April and 30 September, except for the manufacture and use of mediumcuring 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. Mediumcuring 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 mediumcuring 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 mediumcuring cutback asphalt ofwhich 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, allowor permit the manufacture, mixing, storage, use or application of emulsified asphalt which has been diluted with a petroleumsolvent 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 ofAir 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