(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.
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
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
(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
(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
as follow apply:
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;
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. &
Original rule filed
March 8, 1993; effective April 22, 1993. Amendment filed June 10, 2010;
effective September 8, 2010.
Authority: T.C.A. §§