Article 7. Emission Standards for Asphalt Paving Operations
9VAC5-45-760. Applicability.
Article 7
Emission Standards For Asphalt Paving Operations
A. The provisions of this article apply to any owner or other person who manufactures, mixes, stores, uses, or applies any liquefied asphalt for paving operations.
B. The provisions of this article apply only to owners and other persons in volatile organic compound emissions control areas designated in 9VAC5-20-206.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
9VAC5-45-770. Definitions.
A. For the purpose of applying this article in the context of Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section.
B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by context.
C. Terms defined.
"Asphalt" means a dark-brown to black cementitious material (solid, semisolid, or liquid in consistency) in which the predominating constituents are bitumens that occur in nature as such or that are obtained as residue in refining petroleum.
"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.
"Emulsified asphalt" means an emulsion of asphalt cement and water that contains a small amount of an emulsifying agent; 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.
"Paving operation" means the process of covering an area with stone, concrete, asphalt or other material in order to construct or maintain a firm, level surface for travel, access, or parking. Paving operations do not include the use of coatings to seal residential driveways.
"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 penetrates the base and fills the surface voids, hardens the top, and helps bind it to the overlying asphalt course. It also reduces the necessity of maintaining an untreated base course prior to placing the asphalt pavement.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
9VAC5-45-780. Standard for volatile organic compounds.
A. No owner or other person shall cause or permit the manufacture, mixing, storage, use, or application of liquefied asphalt for paving operations unless such asphalt is of the emulsified asphalt type.
B. Regardless of the provisions of subsection A of this section, the manufacture, mixing, storage, use, or application of cutback asphalt is permitted under any of the following circumstances:
1. When stockpile storage greater than one month is necessary;
2. When use or application during the months of November through March is necessary;
3. When use or application as a penetrating prime coat or tack coat is necessary; or
4. When the user can demonstrate that there are no volatile organic compound emissions from the asphalt under conditions of normal use.
C. The provisions of subsection A of this section do not preclude the manufacture, mixing, storage, use, or application of heated asphalt cement as a component in asphaltic concrete mixing or for priming in surface treatment.
D. Notwithstanding the provisions of subsection A of this section, the manufacture, mixing, storage, use, or application of emulsified asphalt containing volatile organic compounds is permitted provided the annual average of volatile organic compound content for all emulsified asphalts used does not exceed 6.0% of volatile organic compounds by volume.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
9VAC5-45-790. Standard for visible emissions.
The provisions of Article 1 (9VAC5-40-60 et seq.) of Part II of 9VAC5-40 (Existing Stationary Sources) apply.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
9VAC5-45-800. Standard for fugitive dust/emissions.
The provisions of Article 1 (9VAC5-40-60 et seq.) of Part II of 9VAC5-40 (Existing Stationary Sources) apply.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
9VAC5-45-810. Standard for odor.
The provisions of Article 2 (9VAC5-40-130 et seq.) of Part II of 9VAC5-40 (Existing Stationary Sources) apply.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
9VAC5-45-820. Compliance.
The provisions of 9VAC5-45-20 (Compliance) apply.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
9VAC5-45-830. Test methods and procedures.
The provisions of 9VAC5-45-30 (Emission testing) apply.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
9VAC5-45-840. Monitoring.
The provisions of 9VAC5-45-40 (Monitoring) do not apply.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
9VAC5-45-850. Notification, records and reporting.
The provisions of 9VAC5-45-50 (Notification, records and reporting) apply.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.