Tenn. Comp. R. & Regs. 1200-03-18-.32 - CUTBACK AND EMULSIFIED ASPHALT

(1) This rule applies to the manufacture, mixing, storage, use, and application of cutback and emulsified asphalts. No exemptions are allowable based on the size or throughput of an operation.
(2) For the purpose of this rule, the following definitions apply:
(a) "Asphalt" means a dark-brown to black cementitious material (solid, semisolid, or liquid in consistency) of which the main constituents are bitumens that occur naturally or are a residue of petroleum refining.
(b) "Cutback asphalt" means asphalt cement that has been liquefied by blending with petroleum solvents (diluents). Upon exposure to atmospheric conditions, the diluents evaporate, leaving the asphalt cement to perform its function.
(c) "Emulsified asphalt" means an emulsion of asphalt cement and water that contains a small amount of an emulsifying agent; it is a heterogeneous system containing two 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.
(d) "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 coat penetrates the base, plugs the voids, and hardens and helps bind the top of the overlying asphalt course. The penetrating prime coat also reduces the necessity of maintaining an untreated base course prior to placing the asphalt pavement.
(3) Standards as follow apply:
(a) No person shall cause, allow, or permit the manufacture, mixing, storage, use, or application of cutback asphalts April 1 through October 31, except:
1. For long-life stockpile storage; and
2. When the cutback asphalt is to be used solely as a penetrating prime coat.
(b) April 1 through October 31, no person shall cause, allow, or permit the manufacturing, mixing, storage, or use of emulsified asphalt that contains more than 3 percent by volume of volatile organic compounds (VOC) which evaporate at 260 °C (500 °F) as determined by ASTM Method D244-92.
(4) The owner or operator of any facility subject to this rule shall maintain records of the manufacture, mixing, storage, use, or application of any asphalt containing VOC April 1 through October 31. These records shall be maintained for a minimum of 3 years and shall be made available to the Technical Secretary upon request.


Tenn. Comp. R. & Regs. 1200-03-18-.32
Original rule filed March 8, 1993; effective April 22, 1993. Amendment filed June 10, 2010; effective September 8, 2010.

Authority: T.C.A. §§ 4-5-202 and 68-201-105.

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