# 401 KAR 63:025: 401 KAR 63:025. Asphalt paving operations > Kentucky · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R025 ## Section - **Citation:** 401 KAR 63:025 - **Heading:** 401 KAR 63:025. Asphalt paving operations - **Jurisdiction:** Kentucky - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Kentucky Administrative Regulations / Title 401 (Energy and Environment Cabinet - Department for Environmental Protection) / Chapter 063 / 401 KAR 63:025 ## Text Section 1. Definitions. Terms used in this administrative regulation not defined in this section shall have the meaning given to them in 401 KAR 63:001. (1) "Asphalt paving operations" means the use of asphalt in any paving operation, public or private, including, but not limited to paving of roads, paving of parking lots, maintenance operations, application of tack coats, sealants, etc. (2) "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. (3) "Cutback asphalt" means asphalt cement which has been liquefied by blending with volatile organic compounds VOCs as diluents. Upon exposure to atmospheric conditions the diluents evaporate, leaving the asphalt cement to perform its function. (4) "Emulsified asphalt" means an emulsion of asphalt cement, VOCs, and water which contains a small amount of an emulsifying agent; a heterogeneous system containing two (2) 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. (5) "Maintenance operation" means patching of holes and breaks in pavement as is necessary for safety. (6) "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. (7) "Unacceptable emulsion asphalt" means any emulsion asphalt which yields more than seven (7) percent by volume of oil distillate when tested according to AASHTO T 59-78, Sections 7 to 9, which have been incorporated by reference in 401 KAR 50:015. Section 2. Applicability asphalt course. It also reduces the necessity of maintaining an untreated base course prior to placing the asphalt pavement. (7) "Unacceptable emulsion asphalt" means any emulsion asphalt which yields more than seven (7) percent by volume of oil distillate when tested according to AASHTO T 59-78, Sections 7 to 9, which have been incorporated by reference in 401 KAR 50:015. Section 2. Applicability. This administrative regulation is applicable to all asphalt paving operations which are located in a county or portion of a county which is designated ozone nonattainment, for any nonattainment classification except marginal, under 401 KAR 51:010. Section 3. Standard for VOCs. On or after April 1, 1980, no person shall use cutback asphalts or unacceptable emulsion asphalts for asphalt paving operations. If this requirement becomes applicable because the county was previously designated nonurban nonattainment or redesignated in 401 KAR 51:010 after November 15, 1990, compliance is extended to May 31, 1995. Section 4. Exemptions. This administrative regulation shall not apply to the following asphalt paving operations: (1) Application of penetrating prime coat; (2) Dust suppression operations; (3) Maintenance operations during the months of November, December, January, February and March. ## Nearby sections - [401 KAR 63:001 401 KAR 63:001. Definitions for 401 KAR Chapter 63](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R001.md) - [401 KAR 63:002 401 KAR 63:002. 40 C.F.R. Part 63 national emission standards for hazardous air pollutants](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R002.md) - [401 KAR 63:005 401 KAR 63:005. Open burning](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R005.md) - [401 KAR 63:010 401 KAR 63:010. Fugitive emissions](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R010.md) - [401 KAR 63:015 401 KAR 63:015. Flares](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R015.md) - [401 KAR 63:020 401 KAR 63:020. Potentially hazardous matter or toxic substances](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R020.md) - [401 KAR 63:021 401 KAR 63:021. Existing sources emitting toxic air pollutants](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R021.md) - [401 KAR 63:025 401 KAR 63:025. Asphalt paving operations](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R025.md) - [401 KAR 63:031 401 KAR 63:031. Leaks from gasoline tank trucks](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R031.md) - [401 KAR 63:042 401 KAR 63:042. Requirements for asbestos abatement entities](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R042.md) - [401 KAR 63:045 401 KAR 63:045. School asbestos abatement accreditations](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R045.md) - [401 KAR 63:050 401 KAR 63:050. Local education agencies](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R050.md) - [401 KAR 63:060 401 KAR 63:060. List of hazardous air pollutants, petitions process, lesser quantity designations, and source category list](https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R060.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_KAR_T401_C063_R025. Check the current official text before relying on it. Not legal advice.