5 Colo. Code Regs. § 1001-29-B-III

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-29-B-III - Use of Cutback Asphalt

III.A. Definitions

III.A.1. "Asphalt or Asphalt Cement" The dark-brown to black cementitious material (solid, semi-solid, or liquid in consistency) of which the main constituents are bitumen's which occur naturally or as a residue of petroleum refining.

III.A.2. "Asphalt Concrete" A waterproof and durable paving material composed of dried aggregate, which is evenly coated with hot asphalt cement.

III.A.3. "Cutback Asphalt or Cutback Asphalt Cement" Any asphalt which has been liquefied by blending with a VOC, such as a petroleum solvent diluents or, in the case of some slow cure asphalts (Road Oils), which has been produced directly from the distillation of petroleum.

III.A.4. "Emulsified Asphalt" Asphalt emulsions produced by combining asphalt and water with emulsifying agent. Emulsified Asphalt or any other coating or sealant, including but not limited to those produced from petroleum or coal, which contain more than five (5) percent of oil distillate as determined by ASTM Method D-244 is included in this definition.

III.A.5. "Penetrating Prime Coat" An application of low-viscosity liquid asphalt to an absorbent surface in order to prepare it for overlaying with a layer or layers of asphalt cement or asphalt emulsion and mineral aggregate paving materials.

III.B. Limitations

III.B.1. Applicability

The provisions of this Section III. apply to the use and storage of cutback asphalt for the paving and maintenance of all public roadways (including alleys), private roadways, parking lots, and driveways only within ozone nonattainment areas.

III.B.2. Storage

Stockpiles of aggregate mixed with cutback asphalt are permitted October 1 through February 28 (29). Such storage is not permitted March 1 through September 30 except where it can be demonstrated to the Division that such storage is necessary.

III.B.3. Use

Cutback asphalt may be used for any paving purpose October 1 through February 28 (29). No person shall use cutback asphalt or any coating included in the definition of cutback asphalt in Section III.A.3. March 1 through September 30 except as provided:

III.B.3.a. If used solely as a penetrating prime coat, or

III.B.3.b. If the user can demonstrate to the Division that under the conditions of its intended use, there will be no emissions of volatile organic compounds to the ambient air.

III.C. Recordkeeping

During the months of March through September, the person responsible for the use or storage of any cutback asphalt as permitted in Sections III.B.3.a., III.B.3.b., and Section III.B.2. shall keep records of same, including type and amount of solvent(s) used.

5 CCR 1001-29-B-III

46 CR 10, May 25, 2023, effective 6/14/2023