# COMAR Title 26 — Department of the Environment

## Subtitle 11 — Air Quality

### Chapter 11 — Control of Petroleum Products Installations, including Asphalt Paving and Asphalt Concrete Plants

**Authority:** Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, Annotated Code of Maryland

**Administrative History:** Effective date: July 18, 1980 (7:12 Md. R. 1148)

**Administrative History:** Regulation .02 amended effective June 8, 1981 (8:9 Md. R. 800)

**Administrative History:** Regulations .02A and .04C amended effective August 16, 1983 (10:14 Md. R. 1262)

**Administrative History:** Regulation .04C amended effective June 8, 1981 (8:9 Md. R. 800)

**Administrative History:** Regulation .05 repealed effective June 8, 1981 (8:9 Md. R. 800)

**Administrative History:** For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01.

**Administrative History:** Chapter recodified from COMAR 10.18.11 to COMAR 26.11.11

**Administrative History:** Regulation .02B, C amended effective April 26, 1993 (20:8 Md. R. 726)

**Administrative History:** Regulation .04C amended effective April 26, 1993 (20:8 Md. R. 726)

**Administrative History:** Regulation .04 repealed effective October 5, 1998 (25:20 Md. R. 1533)

**Administrative History:** Regulation .06 repealed effective September 7, 1998 (25:18 Md. R. 1438)

#### Regulation .01 Applicability.

*COMAR 26.11.11.01*

Any source which is subject to the provisions of this chapter is also subject to the provisions of any other chapter. However, when this chapter establishes an emission standard for a specific installation which differs from the general emission standard in COMAR 26.11.06.01--.09, this chapter takes precedence.

#### Regulation .02 Asphalt Paving.

*COMAR 26.11.11.02*

A. Definitions.

  (1) “Asphalt” means a black to dark brown solid or semisolid material which liquefies when heated and the predominating constituents of which are bitumens which occur in the solid or semisolid form in nature or are obtained by petroleum refining.

  (2) “Asphalt paving” means the applying of an asphaltic material to a surface.

  (3) “Cutback asphalt” means an asphalt cement which has been liquefied by blending with VOC.

  (4) “Emulsified asphalt” means a suspension or emulsion of asphalt and water as designated in ASTM or AASHTO Specifications as amended through November 14, 1980.

  (5) “Penetrating prime coat” means an application of liquid asphalt to prepare an untreated base for an asphalt paving operation.

B. A person may not cause or permit the use or application of cutback asphalt for asphalt paving. Emulsified asphalt or other materials upon approval of the Department is acceptable.

C. Exemptions. The provisions of §B of this regulation do not apply to the use or application of cutback asphalt where:

  (1) Long-life stockpile storage is necessary;

  (2) The use or application from October 15 through April 15 is necessary; or

  (3) Cutback asphalt is used solely as a penetrating prime coat.

#### Regulation .03 Asphalt Concrete Plants in Areas I, II, V, and VI.

*COMAR 26.11.11.03*

A person may not cause or permit particulate matter to be discharged from any asphalt concrete plant constructed before June 11, 1973 in excess of 0.05 gr/SCFD (92 kg/dscm).