1. (1) Use of any cutback asphalts for paving roads and parking areas is prohibited during the months of April, May, June, July, August, September, and October, except as provided for in section (2).

2. (2) Slow curing (SC) and medium curing (MC) cutback asphalts are allowed during all months for the following uses and applications:

   1. (a) Solely as a penetrating prime coat for aggregate bases prior to paving;
   2. (b) For the manufacture of medium-curing patching mixes to provide long-period storage stockpiles used exclusively for pavement maintenance; or
   3. (c) For all uses when the National Weather Service forecast of the high temperature during the 24-hour period following application is below 10° C. (50° F.).
3. (3) Rapid curing (RC) grades of cutback asphalt are always prohibited.

4. (4)

   1. (a) Use of emulsified asphalts is unrestricted if solvent content is kept at or less than the limits listed below. If these limits are exceeded, then the asphalt shall be classified as medium curing (MC) cutback asphalts, and shall be limited to only the uses permitted by section (2). (Grades of Emulsion Per AASHTO Designation M 208-72 — Maximum Solvent Content by Weight.):

      1. (A) CRS-1 — 3%;
      2. (B) CRS-2 — 3%;
      3. (C) CSS-1 — 3%;
      4. (D) CSS-1h — 3%;
      5. (E) CMS-2 — 8%;
      6. (F) CMS-2h — 8%;
      7. (G) CMS-2S —12%.

   2. (b) Solvent content is determined by ASTM distillation test D-244.

      [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.]

      [NOTE: Referenced documents are available from the agency.]

Statutory/Other Authority

ORS 468.020, 468A.025 & 468A.070

Statutes/Other Implemented

ORS 468A.025 & 468A.070

History

DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019
DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0140
DEQ 4-1993, f. & cert. ef. 3-10-93
DEQ 8-1991, f. & cert. ef. 5-16-91
DEQ 3-1986, f. & ef. 2-12-86
DEQ 23-1980, f. & ef. 9-26-80
DEQ 17-1979, f. & ef. 6-22-79
DEQ 21-1978, f. & ef. 12-28-78