(a)  For the purpose of this Regulation, the following definitions apply:

(1)           "Asphalt" means a dark‑brown to black cementitious material (solid, semisolid, or liquid in consistency) in which the predominating constituents are bitumens which occur in nature as such or which are obtained as residue in refining petroleum.

(2)           "Cutback asphalt" means asphalt cement which 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.

(3)           "Emulsified asphalt" means an emulsion of asphalt cement and water which 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.

(4)           "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 plugs the 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.

(b)  This Regulation applies to the manufacture and use of cutback asphalts for the purpose of paving or maintaining roads, highways, streets, parking lots, driveways, curbs, sidewalks, airfields (runways, taxiways, and parking aprons), recreational facilities (tennis courts, playgrounds, and trails), and other similar structures.

(c)  Cutback asphalt shall not be manufactured, mixed, stored, used, or applied except where:

(1)           Long‑life (one month or more) stockpile storage is necessary;

(2)           The use or application at ambient temperatures less than 50F, as measured at the nearest National Weather Service Field Office or Federal Aviation Administration Station, is necessary;

(3)           The cutback asphalt is to be used solely as a penetrating prime coat; or

(4)           The user can demonstrate to the Director that there are no volatile organic compound emissions under conditions of normal use.


History Note:        Authority G.S. 143‑215.3(a)(1); 143‑215.107(a)(5);

Eff. July 1, 1979;

Amended Eff. December 1, 1989; January 1, 1985; June 1, 1980.