Current through Register Vol. 50, No. 9, September 20, 2024
A. No
person may cause, allow or permit the manufacture, mixing, storage, use or
application of cutback paving asphalts or emulsified asphalts used for paving
which contain volatile organic compounds without approval of the administrative
authority as provided in LAC 33:III.2127.D.
B. Compliance. Compliance with this Section
shall be determined on a daily basis by direct observation as specified in
guideline report EPA-450/2-77-037.
C. Recordkeeping. The owner/operator of any
operation involved with the manufacture, mixing, storage, use, or application
of cutback paving asphalts and emulsified asphalts shall maintain records to
verify compliance with this Section. The records will be maintained for at
least two years and will include but not be limited to the following:
1. purchase and sales receipts including
delivery dates, quantities, types of materials and comments;
2. equipment operation schedules and
maintenance records; and
3. testing
data to document compliance with LAC 33:III.2127.B and D.2.
D. Exemptions
1. The administrative authority may approve
the manufacture, mixing, storage, use, or application of cutback paving asphalt
where:
a. long life (greater than one month)
stockpile storage is necessary;
b.
the use or application at ambient temperatures less than 10°C (50°F) is
necessary;
c. the cutback paving
asphalt is to be used solely as a penetrating prime coat;
d. it can be demonstrated that no VOC
emissions will occur from the use of the cutback.
2. The administrative authority may approve
the manufacture, mixing, storage, use or application of emulsified asphalts
used for paving which contain volatile organic compounds where certain grades
or applications of emulsified asphalt shall be allowed with the following
maximum solvent contents as determined by ASTM D-244:
a. 3.0 percent by weight for seal
coats;
b. 3.0 percent by weight for
chip seals when dusty or dirty aggregate is used;
c. 8.0 percent by weight for mixing with open
graded aggregate with less than 1 percent by weight of dust or clay-like
materials adhering to the coarse aggregate fraction (1/4 inch in diameter or
greater); and
d. 12.0 percent by
weight for mixing with dense graded aggregate when used to produce a mix
designed to have 10 percent or less voids when fully compacted.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2054.
