1. Asphalt Paving Proposed Regulatory Concepts Reducing VOC Emissions from Cutback and Emulsified Asphalt Air Quality Technical Advisory Committee Meeting September 18, 2008 Chris Trostle

2. Background Three types of asphalt Hot Mix – lowest VOC content Cutback – highest VOC content Emulsified – VOC content varies Existing regulation – Cutback asphalt paving §129.64 Restricts use of cutback asphalt. Restricts solvent content of emulsified asphalt.

3. VOC Emissions from Emulsified Asphalt Emulsified asphalt in PA produces 9.3 tons of VOC per summer day. Emissions based on PennDOT asphalt use only. Emissions produced by municipalities, authorities, and other large pavers offer larger potential for reductions. 90% control efficiency assumed from proposed measure accounts for 8.4 tons of VOC per day in reductions.

4. OTC Recommended Initiative Proposed regulation will be based on OTC recommendations and work of other OTC States. Other OTC states are at various stages of rulemaking development. Delaware – implemented New Jersey – proposed 8/4/2008 New York – developing

5. Proposed Regulation Applicability Any person who stores, uses, solicits the use of, applies, or applies asphalt for paving operations (construction, maintenance, and repair of paved surfaces).

6. Emission Limitations Cutback Asphalt Completely prohibit use during ozone season Emulsified Asphalt OTC recommended limiting VOC content to not more than 0.5 mL oil distillate per 200 mL sample using test method ASTM Method D244 or 0.25% by volume. Connecticut rule limits VOC 3% by volume measured by lab test or 0.1% weight by formulation. Connecticut believes that 3% limit with laboratory error is equal to solvent free emulsion.

7. Compliance and Recordkeeping Subject parties maintain records demonstrating asphalt certified to meet low VOC formulation standard of 0.1 % VOC or that batch testing indicates less than 3% volume of VOC. Subject parties required to keep test results and/or formulation records for at least 5 years Provide records within 30 days of a request from the Department to provide such records.