RELATES TO:
KRS
224.20-100,
224.20-110,
224.20-120,
42 U.S.C.
7401 et seq., 7407, 7408, 7410
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Environmental and
Public Protection Cabinet to prescribe administrative regulations for the
prevention, abatement, and control of air pollution.
42
USC 7410 likewise requires the state to
implement standards for national primary and secondary ambient air quality.
This administrative regulation provides for the control of volatile organic
compound emissions due to asphalt paving operations.
Section 1. Definitions. Terms used in this
administrative regulation not defined in this section shall have the meaning
given to them in
401 KAR
63:001.
(1) "Asphalt
paving operations" means the use of asphalt in any paving operation, public or
private, including, but not limited to paving of roads, paving of parking lots,
maintenance operations, application of tack coats, sealants, etc.
(2) "Asphalt" means a dark brown to black
cementitious material (solid, semisolid, or liquid in consistency) in which the
predominating constituents are bitumens which occur in nature as such or which
are obtained as residue in refining petroleum.
(3) "Cutback asphalt" means asphalt cement
which has been liquefied by blending with volatile organic compounds VOCs as
diluents. Upon exposure to atmospheric conditions the diluents evaporate,
leaving the asphalt cement to perform its function.
(4) "Emulsified asphalt" means an emulsion of
asphalt cement, VOCs, and water which contains a small amount of an emulsifying
agent; a heterogeneous system containing two (2) normally 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.
(5) "Maintenance operation"
means patching of holes and breaks in pavement as is necessary for
safety.
(6) "Penetrating prime
coat" means an application of low-viscosity liquid asphalt to an absorbent
surface. It is used to prepare an untreated base for an asphalt surface. The
prime penetrates the base and plugs the voids, hardens the top, and helps bind
it to the overlying asphalt course. It also reduces the necessity of
maintaining an untreated base course prior to placing the asphalt
pavement.
(7) "Unacceptable
emulsion asphalt" means any emulsion asphalt which yields more than seven (7)
percent by volume of oil distillate when tested according to AASHTO T 59-78,
Sections 7 to 9, which have been incorporated by reference in
401 KAR
50:015.
Section 2. Applicability. This administrative
regulation is applicable to all asphalt paving operations which are located in
a county or portion of a county which is designated ozone nonattainment, for
any nonattainment classification except marginal, under
401 KAR
51:010.
Section
3. Standard for VOCs. On or after April 1, 1980, no
person shall
use cutback asphalts or unacceptable emulsion asphalts for asphalt paving
operations. If this requirement becomes applicable because the county was
previously designated nonurban nonattainment or redesignated in
401 KAR
51:010 after November 15, 1990, compliance is extended
to May 31, 1995.
Section 4.
Exemptions. This administrative regulation shall not apply to the following
asphalt paving operations:
(1) Application of
penetrating prime coat;
(2) Dust
suppression operations;
(3)
Maintenance operations during the months of November, December, January,
February and March.
