(Adopted 9-16-91, Amended 9-27-94, Revised 6/6/94)


  1. APPLICABILITY: A person shall not discharge to the atmosphere volatile organic compounds (VOC's) caused by the use or manufacture, mixing, storage and application of Cutback or Emulsified asphalt for paving, road construction or road maintenance.
  2. EXEMPTIONS: The provisions of Rule 224.3 shall not apply to:
    1. The use of cutback asphalt or emulsified asphalt in the manufacturing of paving materials where such materials are for immediate shipment and eventual use outside of the County of El Dorado, State of California, and where such area is designated as attainment for the State and Federal Ozone Standard.


  1. ASPHALT - A dark brown to black cementitious material (solid, semisolid, or liquid in consistency) of which the main constituents are bitumens which occur naturally or as a residue of petroleum refining.
  2. CUTBACK ASPHALT - "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. Paving grade asphalt liquified with petroleum distillate and conforming to specifications of the American Society for Testing and Materials (ASTM) as follows:
  3. DUST PALLIATIVE - Means any light application of liquified asphalt (cutback or emulsified asphalt) for the express purpose of controlling loose dust.
  4. EMULSIFIED ASPHALT - "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.
  5. PAVING MATERIAL - A mixture consisting mainly of an asphalt and aggregate.
  6. PAVING AND MAINTENANCE OPERATIONS - All activities involved in the new construction and maintenance of roadways and parking areas.
  7. PENETRATING PRIME COAT - "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 to the overlying asphalt course. The penetrating prime coat also reduces the necessity of maintaining an untreated base course prior to placing the asphalt pavement. Prime coats do not include dust palliatives or tack coats.
  8. TACK COAT - Means any application of asphalt to an existing surface to provide a bond between new surfacing and existing surface and to eliminate slippage places where the new and existing surfaces meet.
  9. VOLATILE ORGANIC COMPOUND (VOC) - Means any volatile compound of carbon, excluding:
    1. methane,
    2. carbon monoxide,
    3. carbon dioxide,
    4. carbonic acid,
    5. ammonium carbonate,
    6. metallic carbides,
    7. metallic carbonates,
    8. 1,1,1/trichloroethane,
    9. methylene chloride,
    10. trichlorofluoromethane (CFC-11),
    11. dichlorodifluoromethane (CFC-12),
    12. chlorodifluoromethane (HCFC-22),
    13. trifluoromethane (HFC-23),
    14. 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113),
    15. 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114),
    16. chloropentafluoroethane (CFC-115),
    17. 2,2-dichloro-1,1,1-trifluoroethane (HCFC-123),
    18. 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124),
    19. pentafluoroethane (HFC-125),
    20. 1,1,2,2-tetrafluoroethane (HFC-134),
    21. 1,1,1,2-tetrafluoroethane (HFC-134a),
    22. 1,1-dichloro-1-fluoroethane (HCFC-141b),
    23. 1-chloro-1,1-difluoroethane (HCFC-142b),
    24. 1,1,1-trifluoroethane (HFC-143a),
    25. 1,1-difluoroethane (HFC-152a),
    and the following four classes of perfluorocarbon (PFC) compounds:
    1. cyclic, branched, or linear, completely fluorinated alkanes,
    2. cyclic, branched, or linear, completely fluorinated ethers with no unsaturations,
    3. cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations, and
    4. saturated perfluorocarbons containing sulfur with sulfur bonds only to carbon and fluorine.


  1. Cutback Asphalt: A person shall not manufacture for sale nor use for paving, road construction or road maintenance any:
    1. Rapid cure cutback asphalt.
    2. Medium cure cutback asphalt except as provided in Rule 224.1.B.
    3. Slow cure cutback asphalt containing more than 0.5 percent by volume organic compounds which evaporate at 2600C (5000F) or lower as determined by ASTM Method D402-76 (1987).
  2. Emulsified Asphalt: A person shall not manufacture for paving, road construction or road maintenance any emulsified asphalt containing organic compounds in excess of three percent by volume which evaporate at 2600C (5000F) or lower as determined by ASTM Method D244-91.


  1. Test Methods:
    1. a. Analysis of Cutback Asphalt samples for VOC content shall be in accordance with ASTM Method D402-76 (1987).
    2. b. Analysis of Emulsified Asphalt samples for VOC content shall be in accordance with ASTM Method D244-91, in excess of three percent by volume.
  2. Recordkeeping: Any person who manufactures cutback asphalts and or emulsified asphalts shall maintain records showing the types and amounts of these products produced and shipped, including the destinations of these products. Test method results should also be recorded.