1. A. Definitions.

   1. (1) “Asphalt” means a black to dark brown solid or semisolid material which liquefies when heated and the predominating constituents of which are bitumens which occur in the solid or semisolid form in nature or are obtained by petroleum refining.
   2. (2) “Asphalt paving” means the applying of an asphaltic material to a surface.
   3. (3) “Cutback asphalt” means an asphalt cement which has been liquefied by blending with VOC.
   4. (4) “Emulsified asphalt” means a suspension or emulsion of asphalt and water as designated in ASTM or AASHTO Specifications as amended through November 14, 1980.
   5. (5) “Penetrating prime coat” means an application of liquid asphalt to prepare an untreated base for an asphalt paving operation.
2. B. A person may not cause or permit the use or application of cutback asphalt for asphalt paving. Emulsified asphalt or other materials upon approval of the Department is acceptable.

3. C. Exemptions. The provisions of §B of this regulation do not apply to the use or application of cutback asphalt where:

   1. (1) Long-life stockpile storage is necessary;
   2. (2) The use or application from October 15 through April 15 is necessary; or
   3. (3) Cutback asphalt is used solely as a penetrating prime coat.

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, Annotated Code of Maryland

Effective date: July 18, 1980 (7:12 Md. R. 1148)

Regulation .02 amended effective June 8, 1981 (8:9 Md. R. 800)

Regulations .02A and .04C amended effective August 16, 1983 (10:14 Md. R. 1262)

Regulation .04C amended effective June 8, 1981 (8:9 Md. R. 800)

Regulation .05 repealed effective June 8, 1981 (8:9 Md. R. 800)

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01.

Chapter recodified from COMAR 10.18.11 to COMAR 26.11.11

Regulation .02B, C amended effective April 26, 1993 (20:8 Md. R. 726)

Regulation .04C amended effective April 26, 1993 (20:8 Md. R. 726)

Regulation .04 repealed effective October 5, 1998 (25:20 Md. R. 1533)

Regulation .06 repealed effective September 7, 1998 (25:18 Md. R. 1438)