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Part 211: General Prohibitions

(Statutory authority: Environmental Conservation Law, §§ 3-0301, 19-0301, 19-0303)

[Filed 7/12/83. Effective 30 days after filing.]

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For administrative information about this posting, contact: Division of Air Resources. The Bureau of Stationary Sources at (518) 402-8403 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§211.1 Definitions

(a) Asphalt. The 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.

(b) Cutback asphalt. Any asphalt which has been liquefied by blending with petroleum solvents (Diluents) or, in the case of some slow cure asphalts (road oils), which have been produced directly from the distillation of petroleum.

(c) Penetrating prime coat. An application of low viscosity asphalt to an absorbent surface in order to prepare it for paving with an asphalt concrete.

§211.2 Air pollution prohibited

No person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such quantity, characteristic or duration which are injurious to human, plant or animal life or to property, or which unreasonably interfere with the comfortable enjoyment of life or property. Notwithstanding the existence of specific air quality standards or emission limits, this prohibition applies, but is not limited to, any particulate, fume, gas, mist, odor, smoke, vapor, pollen, toxic or deleterious emission, either alone or in combination with others.

§211.3 Visible emissions limited

Except as permitted by a specific part of this Subchapter and for open fires for which a restricted burning permit has been issued, no person shall cause or allow any air contamination source to emit any material having an opacity equal to or greater than 20 percent (six minute average) except for one continuous six-minute period per hour of not more than 57 percent opacity.

§211.4 Volatile organic compounds prohibited

(a) The use of volatile organic compounds to liquefy asphalt used for paving is prohibited, except for:

(1) asphalt used in the production of long-life stockpile material for pavement patching and repair;

(2) asphalt applied at low ambient temperature from October 16th to May 1st; and

(3) asphalt used as a penetrating prime coat for the purpose of preparing an untreated absorbent surface to receive an asphalt surface.

(b) The amount of volatile organic compounds in emulsified asphalt, as determined by testing methods of the ASTM (American Society for Testing and Materials), may not exceed the following amounts in percent by weight:

(1) two percent for ASTM grades RS-1, SS-1, SS-1h, CSS-1, and CSS-1h;

(2) three percent for ASTM grades RS-2, CRS-1, CRS-2, HFRS-2 and HFMS-2h;

(3) 10 percent for ASTM grades MS-2 and HFMS-2; and

(4) 12 percent for ASTM grades CMS-2 and CMS-2h.