Section 336.1618. Use of cutback or emulsified paving asphalt.

(1) After May 1, 2012, a person shall not manufacture, mix, store, use, or apply cutback or emulsified paving asphalt, from May 1 to September 30, unless the cutback or emulsified paving asphalt contains no greater than 3 percent volatile organic compounds by volume, which is equivalent to 6.0 milliliters of oil distillate at 500 degrees Fahrenheit as determined by a test method in subrule (2) of this rule. This rule is applicable to both existing and new sources as defined by the dates in R 336.1601(a)(i) and R 336.1701.

(2)   Compliance with subrule (1) of this rule shall be determined by 1 of the following test methods:

(a)   ASTM Method D6997, Standard Test Methods and Practices for Emulsified Asphalts.

(b)   AASHTO T59 Standard Method of Test for Testing Emulsified Asphalts.

(c)   ASTM Method D402, Standard Test Method For Distillation of Cutback Asphaltic Products.

(d)  AASHTO T78, Standard Method of Test for Cutback Asphaltic Products.

(3)   The above test methods are adopted in these rules by reference and are available by the following:

(a)   A copy may be inspected at the Lansing office of the Air Quality Division of the Department of Environmental Quality.

(b)     A copy may be obtained from the Department of Environmental Quality, Air Quality Division, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of these rules of $50.00 for ASTM and $75.00 for AASHTO.

(c)   ASTM Method D6997 and D402 are available from the American Society for Testing and Materials, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, Pennsylvania 19428-2959, or from its website www.astm.org at a cost of $35.00 and $40.00 respectively.

(d)   AASHTO T59 and T78 are available from the American Association of State Highway and Transportation Officials, 444 North Capitol Street N.W., Suite 249, Washington, DC 20001, or from its website www.transportation.org for a cost of $65.00 and $40.00 respectively.

(4)     Any person subject to this rule shall maintain records of the manufacture, mixing, storage, use or application of any cutback or emulsified paving asphalt  containing  volatile organic compounds during the period May 1 to September 30. The records shall include information on the volatile organic compound content documented in the product data sheets or material safety data sheets. The records shall be available to any representative of the department during normal business hours, and copies shall be provided to the department upon request.

(5)     The following   definitions  apply   to  this  rule  and   supersede  any  similar  definitions   in R 336.1103.

(a)    “Asphalt” means a dark-brown to black solid, liquid or semisolid cementitious material composed primarily of bitumens that occur naturally or are obtained as a residue of petroleum refining.

(b)   “Cutback paving asphalt” means asphalt which has been liquefied by blending with an organic solvent and which is used for the purpose of paving or repairing, or paving and repairing, a road surface.

(c)    “Emulsified paving asphalt” means asphalt which has been liquefied by mixing with water and an emulsifying agent and which is used for the purpose of paving or repairing, or paving and repairing, a road surface.

History: 1980 AACS; 2002 AACS; 2012 AACS.